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Home My WebLink AboutC2023-142 - 7/25/2023 - Approved efrosil,JS cHRJsr! t lifear , G�OFFICERS qs '- 40s C% \ CP 0 ar' r• �` i' ► Iii S,r�f ,� ItER � -- 0 F.3EN ll -:.r- ‘,--. .------...• Is -Ao H °., s' I,t,:—;1' '') -7.16( 1.f I t) 111104,1 4' 174miller 1852 "FRIENDS IN BLUE" AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI • • AND THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION • October 1 , 2023 to September 30, 2027 i SCANNED TABLE OF CONTENTS Article 1 —Preamble Article 2 — Definitions—Hold until agreement reached Article 3 - Association Rights A. Association Recognition and Scope of Unit B. Payroll Deduction of Dues C. Time Off for Association Business D. Bulletin Boards Article 4-Association Duties Article 5 -Management Rights Article 6— Management Duties to the Association 410 Article 7—Disciplinary Action Article 8 - Grievance Procedure Article 9 -Hours of Work A. Workweek B. Overtime C. Court Time and Call Back D. Deferred Compensation for Overtime Article 10 - Salary and Benefits A. Monthly Salary Schedule B. Qualifications C. Health Insurance and Life Premiums • D. Field Training Officer Pay 'Page 2 • E. Educational Incentive Pay F. Clothing and Equipment G. Pensions H. Deferred Compensation Plan I. Classification Compensated Under the City's Classification and Compensation Plan J. Termination Pay K. Longevity Pay L. Bomb Squad Pay M. Breathalyzer Certification Pay N. Weekend Pay 0. Shift Differential Pay • P. Shift Changes Q. Dog Handler Pay R. SWAT Team Pay S. Hostage Negotiation Team Pay T. Dive Team U. Badges V. Patrol Pay W. Certification Pay Article 11 -Leave A. Holidays B. Vacations • C. Personal Leave 'Page 3 • D. Military Leave E. Special Leave F. Line of Duty Injury or Illness G. Administrative Leave H. Leave Buy Back I. Sick Leave Pool J. Other Leave Time Policies K. Bereavement Leave L. Funeral Benefit Article 12 -Personnel Practices A. Interchangeable Use of Police Officers and Senior Police Officers B. Disability • C. Civil Service Internal Investigations D. Civil Service Commission Records E. Notice of Shift Change F. Wearing of Uniform on Off Duty Security Jobs G. Entrance Examinations H. Alternate Hiring Process I. Reinstatement J. Mandatory Random Drug Testing K. Layoffs, Recalls and Reduction in Force L. Temporary Duties in a Higher Classification M. Physical Fitness • IPage 4 Article 13 - Promotions • A. Posting and Administration of Promotional Examinations B. Promotional Examination Corrections C. Senior Police Officer's Proficiency Examination D. After Acquired Educational Requirement For Lieutenants Promoted to Captain E. Appointment of Assistant Chiefs and Deputy Chiefs F. Probationary Period for Lieutenants and Captains G. Filling Vacancies Below Deputy Chief H. Eligibility for Promotion I. Promotional Procedures J. Eligibility Lists • K.Grievance or Suits Claiming a Right to Promotion L. Chapter 143 Applicability M.Nepotism N. Final Score O. Time Served as an Acting or Temp Lieutenant or Captain Between 12/1/06 and 12/10/10 Article 14-Employee-Management Relations A. Labor Relations Committee B. Legal Defense Article 15 - Impasse Procedures Article 16 - Political Activities Article 17 - Existing Conditions • (Page 5 Article 18 - Closing Clauses Appendix "A" - Dues Deduction and Special Assessment Form Appendix"B"-Termination of Dues Deduction Appendix"C"- Grievance Form • • (Page 6 • THE STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT ARTICLE 1 -PREAMBLE Pursuant to the mutual agreement of the parties, this agreement has been entered into by the City of Corpus Christi, hereinafter referred to as the "City"; and the Corpus Christi Police Officers' Association, hereafter referred to as the"Association."The purpose of this agreement is the promotion of harmonious relations between the City and the Association;the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of compensation and other conditions of employment. ARTICLE 2—DEFINITIONS "Accredited college or university,"means a college or university whose accreditation is approved by the Texas Higher Education Coordinating Board. "Association"means the Corpus Christi Police Officers' Association. "Calendar days" means any day including weekends and holidays. When the agreement specifies • three hundred and sixty-five(365)days,three hundred and sixty-six(366)days will be used during a Leap Year. "C.A.P.F.U.D.T.P." College of American Pathologist Forensic, Urine, Drug Testing Program. "Chapter 143, Local Government Code,"means the Municipal Civil Service Act, formerly TEX. REV.CIV. STAT. ANN. Art. 1269m(codified 1987). "Chapter 174, Local Government Code," means the "Fire and Police Employee Relations Act," formerly Article 5154c-1 of Vernon's Annotated Civil Statutes. "Chief'means the Chief of Police of the City of Corpus Christi. "City Manager"means the City Manager of the City of Corpus Christi. "City"means the City of Corpus Christi. "Commission"means the Firefighters' and Police Officers' Civil Service Commission of the City of Corpus Christi as set forth in Chapter 143, Local Government Code. "Emergency" is defined as any unexpected happening or event or unforeseen situation or crisis that calls for immediate action and requires alteration of schedules, work hours, shifts and/or • personnel assignments. The Chief may declare an emergency pursuant to this definition. (Page 7 • "Employee"means any sworn police officer of the City with the exception of the Chief of Police. "Executive Board"mean those members of the Association duly elected or selected as officers and directors of that organization. "Gender" Reference to the male gender throughout this Agreement shall have equal force and include reference to the female gender. "Grievance"means any and all disputes arising under the Grievance Procedure in Article 8. "Member"means any employee who is on the membership list of and pays dues to the Association. "MRO." Medical Review Officer. "Police Officer Trainee." An individual employed by the Corpus Christi Police Department who has not yet completed the Corpus Christi Police Academy and been commissioned as a Police Officer. "Probationary Period." Begins on the date of graduation and commissioning from the Corpus Christi Police Academy,and ends three hundred and sixty-five(365)calendar days from that date. "S.A.M.H.S.A." Substance Abuse and Mental Health Services Administration. • "Seniority." Begins on the date of graduation and commissioning as a Police Officer from the Corpus Christi Police Academy. "Strike" means, whether done in concert or individually, a failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment (including but not limited to "slowdowns", "sickouts",and the intentional failure to make arrests), for the purpose of inducing, influencing or coercing a change in the conditions,compensation,rights,privileges,or obligations of employment. "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. "TCOLE" means the Texas Commission on Law Enforcement, formerly known "TCLEOSE" (Texas Commission of Law Enforcement Officers Standards and Education). "Termination of employment" means the officer voluntarily resigned, whether eligible for retirement or not, or was indefinitely suspended and did not appeal his or her termination of employment or after exhaustion of all appeals to arbitration and/or court. "Work hour or working hour"means any hour an employee is scheduled to be on duty regardless • of whether on a weekend or holiday. 'Page 8 • "Work days or working day"means business days excluding weekends and holidays. ARTICLE 3 -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 Police Officers, Senior Police Officers, Lieutenants, Captains, Deputy Chiefs,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 Association dues and assessments. The City shall not authorize payroll deductions for membership dues to any other employee organization, which is qualified to be a collective bargaining agent for police officers. 2. The City agrees to deduct dues upon receipt from the Association of a "Dues Deduction"form voluntarily and individually authorized, signed and dated by each member of the Association. Such dues will be established by the Executive Board in accordance with the bylaws of the Association. This authorization shall remain in full force and effect for the term of this agreement or until termination by the employee. Such "Dues Deduction" form is found in Appendix "A" and is incorporated by reference into this agreement. The City shall begin such deductions on the following pay period after receipt of the "Dues Deduction" form. Any dues • increase will require the vote of the Executive Board and shall not need additional signatures from the general membership. 3. The City agrees to deduct special assessments from all employees that are members of the Association upon receipt of official notification from the President of the Association indicating that said special assessment has been approved and ratified by a majority vote of the Association members. In return, the Association agrees to defray the administrative costs to the City for such assessments in the amount of$50.00 per month to be invoiced by the City on a monthly basis during the period of special assessment. The City is not responsible for the administration and procedures used by the Association in collecting, distributing or return of any assessment monies. The following language is for clarification only and is not subject to the grievance procedure: The assessment ballot shall state the type of assessment, the amount of the assessment, the designated period of the assessment, and date and manner of the reimbursement, if any.The reimbursement of all unused assessment funds shall be distributed equally within thirty (30) calendar days of termination of the project as defined in the assessment ballot. For example, "the members shall be assessed $10.00 for collective bargaining negotiations and reimbursement of all unused assessment funds shall be distributed equally within thirty (30) calendar days of execution of a new agreement." 4. At any time a member of the Association desires to withdraw his/her membership, he may voluntarily and individually do so. Such action will be initiated through a "Termination of Dues Deduction"form in Appendix"B"voluntarily and individually signed by the member of the • Association and a list of the names of officers who have terminated their participation shall be sent (Page 9 • to the Association. The Association, pursuant to its constitution and by-laws, may suspend a member temporarily or permanently. Such action will be initiated through a"Termination of Dues Deduction" form signed by the president of the Association and furnished to the City. Such "Termination of Dues Deduction"form is found in Appendix"B"and is incorporated by reference into this agreement. The City shall terminate deduction of dues on the following pay period after receipt of the"Termination of Dues Deduction" form. 5. The City will be obligated to remit to the Association only those sums deducted as dues and assessments from the Association member's paycheck and will not be liable for damages to the Association, any individual employee, or other persons for failure to deduct any authorized sum for any reason. 6. The City shall continue its practice of providing the Association with the print-out or electronic copy of current dues deductions. 7. The City shall provide to the Association on or about January 31 of each year,a written copy of the CCPD General Rules Manual and all Divisional Manuals.The City will further provide in a timely manner electronic updates to said manuals. The City shall provide a written or electronic copy of the CCPD/Municipal Court Telephone Directory as updated, within a reasonable time period. The Association agrees to use the directory for only internal Association activities and agrees to hold the City harmless. 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. For a period of time not to exceed four (4) hours, the Association shall have the exclusive right to make a presentation to cadets at each academy class on the benefits provided by the association, the benefits and rights under the collective bargaining contract, and the rights of police officers under state and federal law. The visits and presentations 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. Once a calendar year, each member of the Association shall contribute accumulated sick leave hours to a pool to be known as the "Association Business Leave Pool" in an amount determined by the City and Association to be sufficient to fund the Association President's annual base salary and the number of days of an Association 1st Vice President's base salary specified below. This pool shall be used to compensate the Association President and Association Pt Vice President in accordance with this paragraph. During his/her entire term of office, the Association President shall be relieved of duty with pay to perform Association duties. With prior approval the Chief of Police after a written request by the Association President, the Association lst Vice President shall be relieved of duty for up to one hundred and eighty (180) days. The Association President's base salary shall be offset by the hours in such pool. The Association 1st Vice President's base salary shall be offset by the hours in such pool, as described above. A five (5) day,eight(8)hour per day work schedule will be used to calculate the 1st Vice President's time on ipage 10 • leave. The City shall continue to pay all benefits and additional pay which they are entitled while the Association President and/or 1st Vice President are on Association business leave. The period during which the Association President and/or Association 1st Vice President is relieved of duty under this provision shall not constitute a break in service. In the event of an emergency,the Chief may order the Association President and/or 1St Vice President,while on Association business leave, to report for duty as assigned by the Chief during the emergency situation. In the event of the incapacity of the Association President for a period in excess of two(2) weeks for illness or injury, at the option of the President, the President may elect to discontinue use of the pool and utilize sick leave.This shall be effective upon two(2)weeks written notification in advance that the Association 1st Vice President shall be assuming the duties of the President. The Association 1St Vice President upon assuming the duties of the President shall be eligible to use the pool hours during the absence of the President. In no event shall more than two (2) Association officers be eligible to draw pool hours from the pool at the same time due to the incapacity of the Association President. In the event of the death of the Association President or incapacity during which the Association President is unable to communicate, the Association 1st Vice President shall provide written notice of the intent to utilize the pool hours under this provision. The Association President or Pt Vice President while relieved of duty to perform Association duties shall not be placed on limited duty. 3. With five(5)calendar days written notice to the Chief of Police,time off with pay will • be allowed for officers who participate on the Association's negotiating team on days that the team is preparing for negotiations and while contract negotiations are in session. If the team member is on their regular day off,the employee is entitled to another day off with pay. The total number of persons participating on each of the negotiating teams shall be equal, but no less than three (3). Preparation time shall be limited to that reasonably necessary not to exceed one (1) workday for each scheduled day of bargaining. 4. 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/her discretion,grant said time off,subject to scheduling and manpower contingencies that may arise. 5. Effective upon adoption of this Agreement a pool of five hundred(500)hours shall be available during each year of this contract for time off with pay for Association delegates to attend national and state labor board meetings,conferences and conventions, law enforcement and labor- related training programs and seminars, TMRS training programs or TMRS meetings, provided that said time off with pay shall not exceed a total of five hundred(500)hours each contract year regardless of the number of delegates elected to attend such functions. In no event shall pool hours be used for political fundraising or campaigning. Additional expenses for travel, lodging, etc. are not included. The Association President shall approve in writing the use of pool time, and provide an accounting to a designee of the Chief of Police. • (page 11 • 6. Except for a person who holds the position of President of the Association and has elected to be relieved of duty to perform Association duties, no Captain shall be serve as representative for an employee on a grievance,serve on the Association Grievance Committee,or serve on the Association negotiating team. ARTICLE 4-ASSOCIATION DUTIES A. Prohibited Practices. Neither the Association nor any employee shall engage in any of the following practices: 1. Restrain or coerce any employee in the exercise of any rights granted under this agreement; 2. Cause or attempt to cause an employee to discriminate against another employee because of the employee's membership or non-membership in any employee organization, or attempt to cause the City to violate any rights of the employee; 3. Discriminate against any employee because he has signed or filed an affidavit,petition or complaint,or given any information or testimony alleging violation of this agreement; 4. Discriminate against any employee covered by this agreement because of race, sex, creed, color,age, national origin, affiliation, association or non-association; or discriminate in the application or interpretation of the provisions of this agreement; • 5. Discriminate against any employee who has filed a grievance pursuant to Article 8 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 employee; or refuse to cross any picket line by whomever established where such refusal would interfere with or impede the performance of the employee's duties as an employee of the City. B. The parties hereto agreed that all negotiations will be conducted exclusively between the designated bargaining representatives of the City and the Association.Neither party will make any effort to bypass the spokesman of the other party during the period of negotiations for amendments to this agreement unless an impasse exists as defined under the "Fire and Police Employee Relations Act,"Chapter 174, Local Government Code. 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 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 ( Page 12 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 of other benefits. Any reduction or elimination of wages, hours, terms and conditions of employment, and other benefits by the Texas State Legislature 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. ARTICLE 5 -MANAGEMENT RIGHTS A. The Association recognizes that the City has statutory and Charter rights and obligations in contracting for matters relating to municipal operations. The right of contracting or subcontracting is vested in the City. B. The City shall have the authority to consolidate the operations of two (2) or more departments,and to reorganize the operations within the department,or departments,and the right to lay off employees of the department. C. The City shall have exclusive authority to transfer any governmental operations now conducted by it to another unit of government. Upon such transfer, all agreements are terminated, including this agreement as pertaining to personnel of the department affected by the transfer. Should a consolidation or merged city county government be created during the term of this • Agreement, the City shall allow the Association to have input into the creation process and reorganization of the new department. 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, Jailer, Lifeguard, and Maintenance Security which require training in law enforcement, safety and security duties, fire fighting skills, emergency medical treatment, water safety,and other similar related skills. Such job classification,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. Notwithstanding any provision in this agreement to the contrary,and without altering any other provision of this Agreement, the City is authorized to civilianize the following positions or units: • (Page 13 1. Departmental Accreditation Manager 411 2. Fleet Management 3.Narcotics/Vice Investigation Booking Desk 4. Police Athletic League (PAL) Coordinator 5. Crime Stoppers 6. Public Information Office 7. Enhanced Digital Access Communications Systems (EDACS) The City reserves the right to use civilians in the Police Department to perform duties that do not require a commissioned officer. Duties that require a commissioned officer are defined to be those duties required by State law to be performed by peace officers. It is specifically agreed that the City may use civilians to perform duties in the Police Department that are presently being performed by civilians irrespective of any requirements of state law concerning the requirement for a police officer. It is also agreed that civilians in the Police Department may not be used as direct supervisors of any commissioned officer. Interpretation of this provision is subject to declaratory judgment action. • It is expressly understood and agreed that all provisions of this section shall preempt any statute, local ordinance, City policy, or rule, which is in conflict with or is inconsistent with this Agreement and the procedures developed hereunder, including for example and not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the Texas Local Government Code. 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 procedures; 2. Discipline or discharge for cause; 3. Determine work and overtime schedules in a manner most advantageous to the City; 4. Establish methods and processes by which work is performed; and 5. Transfer employees within the department in a manner most advantageous to the City. J. Except as provided in this agreement, the City retains the right to operate and manage its • affairs in all respects. ( Page 14 • ARTICLE 6-MANAGEMENT DUTIES TO THE ASSOCIATION A. The City shall provide the following materials to every employee and the Association in writing or electronically: 1. A current copy of rules and regulations of the department and any amendments, and 2. A true and correct copy of this agreement. 3. A true and correct copy of the Rules and Regulations of the Civil Service Commission for Firefighters and Police Officers for the City of Corpus Christi,Texas, as amended. 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 which is qualified to be a collective bargaining agent for police officers;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 organization; 5. Discriminate against any employee or employee group because of religion, sex, creed, color, age, national origin, association or non-association or affiliation in an organized employee group or discriminate in the application or interpretation of the provisions of this agreement. C. Hurricane Call Out. The City agrees to provide posted locations prior to a call out for a hurricane where employees may park their privately owned vehicles,and notify the officers of the employee shelter.The City does not guarantee that vehicles will not be damaged at such locations or the safety of any person who remains at the employee shelter during the hurricane. D. The City shall notify the Association in writing of all posted meetings and hearings of the Civil Service Commission for Firefighters and Police Officers for the City of Corpus Christi, Texas. ARTICLE 7- DISCIPLINARY ACTION A. The Chief shall have authority to demote,temporarily suspend not to exceed two hundred • and forty (240) work hours, or terminate any employee for the causes set forth in the Rules and Page 15 Regulations of the Civil Service Commission for Firefighters and Police Officers of the City. In . the alternative, the Chief shall have authority to impose "alternate disciplinary actions" in the nature of required attendance at and participation in remedial, educational or rehabilitative programs. Such programs may be provided by the City or by the City through a third party. The employee may appeal such actions as provided herein. Nothing herein shall be construed to allow appeals of reprimands or other disciplinary actions or alleged disciplinary actions,which were not previously appealable. It shall be within the sole discretion of the Chief to decide whether to utilize the "alternate disciplinary actions" provided for herein, subject to the appeal provided herein. When the Chief chooses to demote,temporarily suspend,or terminate any employee,the arbitrator shall have no authority to consider or substitute an"alternate disciplinary action." B. Disciplinary Statutes of Limitations. The parties will defer to Article 143, Texas Local Government Code, Section 143.052(h) and Section 143.056 for the statute of limitation on disciplinary actions. C. Investigation Guidelines. "Internal Affairs Investigation" means cases where an allegation of misconduct has been made, a complaint has been generated, assigned for follow up investigation; it does not include incidents or situations arising in the field which require initial fact finding to prepare a complaint. In the event that a police officer is interviewed by a division deputy chief, captain, or internal investigator regarding an internal affairs investigation, which, if proven,may result in a suspension or indefinite suspension,the following guidelines shall prevail. This provision shall not apply to officer witnesses who shall be advised of their role in the investigation. • 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. 3. The employees 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. When the officer receives the written notice to appear at Internal Affairs for an interview,the officer shall also receive a copy of the complaint against such officer.The complaint shall include the name of the complainant, the date of the alleged incident and the allegations of the officer's misconduct. Except in exigent circumstances, the employee shall be informed forty- eight (48) hours prior to being interviewed or asked to otherwise respond to an internal affairs investigation. If it is known that the employee being interviewed is a witness only, he shall be so informed. "Exigent circumstances include necessary cooperation during incident scene procedures, including securing the scene, controlling the public, preliminary responses to press inquiries, obtaining witness information, obtaining and processing all physical evidence from the scene or from the officer." • page 16 • 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. Prior to the interview, the Officer shall be allowed to view any and all digital recordings of an incident involving the Officer, including videos and/or audios. 6. The employee 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 questions.Nothing herein is to be construed as to prohibit the investigating officer from informing the employee that his/her 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 (video/audio) 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(video/audio)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 or the employee's attorney, said employee or attorney shall be given an exact copy of any written statement the employee executed,or if the questioning . is (video/audio) or stenographically recorded, the employee or the attorney shall be permitted to record or transcribe from the original recording of the officer's own statement or interview, upon his/her request, or to purchase a copy of the original recording. The City shall provide within a reasonable time prior to the rebuttal conference or hearing ("Loudermill"), the employee or the employee's attorney a reasonable time to review but not copy verbatim or photocopy any complaints, affidavits, other written statements, GPS/AVL readouts, video recordings, audio recordings, and photographs, which have been gathered as part of the administrative investigation. The officer shall not release the provided information to any person other than his/her attorney or Association representative. 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. 11. The investigator for Internal Affairs in charge of the particular case is required to inform the officer prior to being questioned,interrogated and/or investigated that he/she may have one representative, an attorney, Association representative or a personal representative, present during the employee's interview, unless the officer in writing voluntarily waives this right. If an officer is ordered to provide a statement,the officer shall be allowed to write the Garrity Warning on the statement. No supervisor may represent or advise his or her immediate subordinate during any interviews conducted in an internal investigation. The Association President may represent or advise an employee during an internal investigation. • (Page 17 • 12. The Chief of Police recognizes the right of Association members to seek advice or representation by designated Association representatives, and to confer with such designated Association representatives and legal counsel. Such communications to an Association representative are privileged and shall not be the subject of compelled disclosure unless exceptions to the attorney client privilege would apply, had the communication taken place with counsel. Association representatives may not be compelled to reveal the substance of communications, which clearly concern Association business; however, this provision does not insulate any behavior or conduct, including threats by language or disorderly conduct from being fully investigated. D. Prior to any such disciplinary action, the employee and the Association shall be given written notice of contemplated disciplinary action, stating the action or actions contemplated and the reasons therefore,and notifying the employee that he may rebut the charges to the Chief,either orally or in writing, within fourteen (14) calendar days, which time shall be stated in the notice. Nothing herein requires the City to meet service or procedural requirements in providing notice to the Association. E. After the notice and opportunity for rebuttal provided in the preceding paragraph the Chief may demote, suspend, terminate, or take alternative disciplinary action against 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 contemplated disciplinary action, shall be promptly filed with the Director of Human Resources 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 fourteen (14) calendar days after receipt thereof to file a written appeal with the Director of Human Resources. If alternate service is obtained as provided herein, the employee shall have fourteen(14)calendar days from service upon the Association. To appeal from any disciplinary action imposed,the employee need only file a letter expressing his/her request to appeal to arbitration within such fourteen(14)calendar day period.Appeal from suspension, termination or demotion shall be decided by one arbitrator, selected according to this contract. F. Upon receiving an appeal from an employee or his/her designee, the Director of Human Resources shall act immediately to notify the Association and Chief of the appeal to arbitration. When an employee will not be represented by the Association,advance payment of$1,000 for the arbitrator must be included with the notice for appeal to arbitration in order for the appeal to be valid. Such advance payment may be waived upon the City's acceptance of a written contract with the employee for payment of any charges,which might be incurred by the officer as a result of an appeal to arbitration. • page 18 The Director shall immediately request a list of seven(7)qualified neutrals who are members of the National Academy of Arbitrators from the American Arbitration Association or other qualified agencies,which may be mutually agreed upon for this purpose.Within seven(7)calendar days after receipt of the list,the Director of Human Resources shall contact the employee or his/her designee in order for the employee or his/her designee and the City to alternately strike the names on the list, and the remaining name shall be the arbitrator. If the parties cannot agree as to who shall strike first, the parties shall decide by a coin toss. G. The hearing shall be commenced within such reasonable time as the arbitrator selected can be scheduled. If the arbitrator selected cannot commence the hearing within fifty (50) calendar days from his/her selection,either party may, within five(5) calendar days of so learning,call for selection of a new arbitrator, and if the parties cannot agree upon a substitute within five (5) calendar days of so learning,another arbitrator shall be selected from a new list of seven(7)names immediately 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 (30) calendar days of the close of evidence in standard arbitration hearings, and within seven (7) calendar 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 (7)calendar days of the close of evidence in the hearing. 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 substituted. H. The following rules shall govern the conduct of hearings under this section, and of certain preliminary matters: 1. Upon the request of either party addressed to the opposing party at least seven (7) calendar 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. Each party shall pay the subpoena fee of their own non- city witnesses. 2. The arbitrator shall have the power to subpoena witnesses,records and other evidence, upon not less than seven(7)calendar days' notice. Pursuant to such notice,the Director of Human Resources shall issue subpoenas requested by the parties in the name of the arbitrator.A party may apply to the arbitrator to quash a subpoena issued by the Director of Human Resources. Any subpoena for records or documents shall not exceed the scope of discovery allowed by the arbitrator,and shall be served on the Department Director in constructive custody of such records • Page 19 • or documents.Nothing herein shall prohibit the City from seeking common law relief in the state district court if the arbitrator exceeds his/her jurisdiction in regards to discovery. 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 agree to provide the requested information within seven (7) calendar 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 requested within the seven(7)calendar days prior to the hearing. 5. All hearings shall be public unless requested by the appealing employee 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. • 7. No supervisor may represent any subordinate in disciplinary hearings held under this Article. The Association President, regardless of rank, or a designee who is not a supervisor is exempt from the provisions of this paragraph. I. The arbitrator shall have all powers vested in the Commission under Chapter 143 and the Commission Rules,with respect to suspensions,terminations,and demotions,except the power to amend such rules. J. Any notice or statement required to be filed by the Chief of Police or the employee in a disciplinary proceeding under Chapter 143, under Commission Rules,or under this contract, shall be filed with the Director of Human Resources of the City. K. The decision of the arbitrator is final and binding on all parties. A district court may hear an appeal of an arbitrator's award only on the grounds that the arbitrator was without jurisdiction or exceeded his/her jurisdiction or that the order was procured by fraud, collusion, or other unlawful means. L.Unless otherwise provided in this contract,in cases of conflict,the provisions of this contract will control over Chapter 143, Civil Service Commission Rules, and American Arbitration Association Rules; and Chapter 143 and Civil Service Rules promulgated pursuant to it shall control over American Arbitration Association Rules or rules of other qualified agencies as mutually agreed upon for this purpose. S Page 20 . M. 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 three hundred and sixty- five(365)calendar-day period subsequent to being commissioned as a police officer. N. Notwithstanding any other provision of this Agreement, the Chief shall have authority to impose any disciplinary action upon an employee, which is agreed to in writing by the Chief and the employee. The employee shall have no right to appeal such agreed disciplinary action, and no administrative or judicial body shall have power to review such disciplinary action or alter the terms of the agreement. O. 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 deadline and time restrictions provided by the contract. P. In addition to disciplinary powers vested in the Police Chief,the following supervisors shall have the right to suspend for cause, said suspensions not to exceed the following limits: • Assistant Chiefs may suspend to a maximum of two hundred and forty (240)work hours without pay for any officer; • Deputy Chiefs may suspend not to exceed twenty-four(24)work hours without pay for an officer assigned.to work an eight (8) hour shift and thirty (30) work hours without pay for an officer assigned to work a ten(10)hour shift; and • Police Captains may suspend not to exceed sixteen(16)work hours without pay for an officer assigned to work an eight (8) hour shift and twenty (20) work hours without pay for an officer assigned to work a ten(10)hour shift; Such suspensions may be appealed within seven (7) calendar days to the Chief, and further appeal shall be to arbitration, according to the procedures for disciplinary actions by the Chief, except that no pre-suspension notice by the Chief shall be necessary, and the Chief may adopt the supervisor's letter as his/her own. If an Officer appeals his/her suspension to the Chief, then the issued suspension will not begin and the fourteen (14) calendar day deadline for requesting arbitration will not start running until the Chief makes his/her final written decision and notifies the officer in writing. Q. In cases of appeal from suspensions, indefinite suspensions, demotions, and promotional passovers the City and the aggrieved employee are encouraged to voluntarily attend a mediation to resolve issues raised by an appeal.The City and the aggrieved employee shall share equally the fees and expenses of the mediation and/or arbitration. Where the Association represents the employee, it shall share equally the arbitration fees and expenses with the City. All other costs of mediation and/or arbitration shall be borne by the party incurring those costs. If the City and the aggrieved employee agree to attend mediation prior to initiating the arbitration process, the mediation must occur within thirty (30) calendar days from the date the City and aggrieved employee agree to mediate, unless otherwise agreed upon in writing. Should • the issues not be fully resolved by mediation,the fourteen(14)calendar day deadline for requesting IPage 21 arbitration will not start running until after mediation is conducted. If the City and the aggrieved • employee agree to attend mediation after the arbitration process is initiated, the mediation shall occur within thirty (30)calendar days from the date the City and the aggrieved employee agree to mediate, unless otherwise agreed upon in writing. Any applicable deadlines for either side are abated until after mediation is conducted. R. All hearings which are expected to be completed in one (1) day shall be submitted for expedited arbitration. On all other hearings,the parties may agree to request expedited arbitration. S. To the extent that any provision conflicts with or changes Chapter 143 or any other statute, executive order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Local Government Code. T. Any officer temporarily suspended at the discretion of the Chief may be allowed to forfeit vacation leave,holidays,or compensatory time in lieu of suspension(which means that the officer forfeits leave but does not have days off,and continues to work his/her regular schedule);however, any officer temporarily suspended for a period of thirty(30)hours or less shall be allowed to forfeit vacation leave,holidays,personal leave or compensatory time in lieu of suspension(in like manner as above) if the officer agrees not to appeal the suspension. After twenty-four (24) months, the City agrees not to use such un-appealed disciplinary action in any future disciplinary case. U. Written reprimands may be issued by any supervisor to an officer without requiring prior notification.Copies of all written reprimands shall be given to the affected officer.The officer may • reply in a letter of rebuttal within thirty (30)calendar days from receipt of the letter of reprimand, and such letter of rebuttal shall become a part of the officer's permanent civil service file. No written reprimand shall be placed in the file without the officer's knowledge. Letters of counseling shall become a part of an officer's departmental file. V. If the officer appeals a suspension of thirty(30)hours or less,the losing party shall pay all fees and expenses of the arbitrator. The arbitrator shall designate the losing party for purposes of this paragraph, and may find that both parties lost in part and apportion fees and expenses accordingly. ARTICLE 8-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, with the exception of Whistleblower claims. Any claim of adverse action based on Whistleblower status under Article 554, Government Cod;or federal law shall follow the process set forth in Section E. B. Association Representation. A grievance may be brought under this procedure by one (1) or more aggrieved employees to the Association or by the Association itself in cases where the subject of the grievance is an on-going practice by the City which affects the bargaining unit as a • whole("Class Action"). Page 22 • C. Time Limitations. The aggrieved employee or employees shall bring the grievance in writing to the Association within thirty (30) calendar days of its occurrence; or if at the time the aggrieved employee is unaware of the grievance, within thirty (30) calendar days of aggrieved employee's knowledge of its occurrence. The Association in a Class Action shall bring the grievance to the Chief of Police within thirty (30)calendar days of its occurrence;or if at the time the Association did not know or should have known of the grievance, within thirty (30) calendar days of the Association's knowledge of its occurrence. The time limits prescribed herein may be waived by mutual agreement, in writing, by the Association and the appropriate management representative at each step. D. Steps: Step 1. Association Review. The aggrieved employee shall submit his/her grievance in writing to the Association within thirty(30)calendar days as required in Section C.Any grievance not submitted to the Association within the prescribed time limit shall not be considered timely and shall be void.Within thirty(30)calendar days of receipt of the grievance,the Association shall determine whether the grievance is valid and notify the Chief of Police in writing pursuant to Step 2. The Association shall judge each grievance in a fair and equitable manner and shall not discriminate against employees who are not Association members. In its sole discretion, the Association shall determine whether the grievance is valid or not. The Association may modify, revise, or amend the grievance if necessary to properly place the dispute in issue for resolution. Only the Association has standing to initiate or pursue a grievance under the terms of this • Agreement, after consideration of an alleged grievance by a bargaining unit member or the Association. Step 2. Chief of Police Review. If the grievance is approved by the Association, the Association shall pursue the grievance to Step 2 with the Chief of Police on the Grievance Form (Appendix "C"). The written grievance at this step and at all steps thereafter shall contain the following information: (1) a statement of the grievance setting out the specific provision of this agreement to be interpreted, applied or enforced and the facts upon which it is based; (2)how the facts result in a violation of the agreement; (3)the remedy or adjustment sought including a clear statement of the proper interpretation, application or enforcement of this agreement; and (4) the signature of the aggrieved employee.The Chief of Police shall respond in writing to this grievance within sixty (60) calendar 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. The Chief of Police or designee shall hand-deliver a copy of the response to the Association. If the Chief of Police does not respond within sixty (60) calendar days, the grievance shall be deemed denied and the Association may proceed to the next step. • Page 23 • The aggrieved employee may not be represented by a member of the department who is in the aggrieved employee's chain of command. The Association with or without the consent of the aggrieved employee may withdraw the grievance at this step. Step 3. City Manager Review. The Association may submit a written grievance from Step 2 to the City Manager within thirty (30) calendar days of receiving the Chief of Police's written response. The City Manager shall respond in writing to this grievance within thirty (30) calendar days of its receipt. If the City Manager does not respond within thirty (30) calendar days, the grievance shall be deemed denied and the Association may proceed to the next step. Failure of the Association and the City Manager to resolve the grievance in writing or to submit to arbitration at the conclusion of Step 3 shall be the conclusion of the grievance. Step 4. Arbitration. The Association may request, within thirty (30) calendar days of the denial at Step 3, that the grievance be submitted to arbitration. If arbitration is requested by the Association, the parties may mutually agree to use the Federal Mediation and Conciliation Service (FMCS), or any other person mutually agreeable to the parties. If the parties cannot mutually agree, a list of seven (7) qualified neutrals who are members of the National Academy of Arbitrators shall be requested from the American Arbitration Association (AAA). The Director of Human Resources, or designee, shall make contact with the service selected to request a list of qualified neutrals. Within seven(7) calendar days after receipt of the list, the Director of Human Resources or designee shall contact the President of the Association or his/her designee in order for the Association and the City to alternately strike the • names on the list, and the remaining name shall be the arbitrator. The City and the Association shall alternate as to which party strikes first on each list. 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/her decision solely to the precise issue submitted for arbitration, and shall have no authority to determine any other issues not directly presented in the grievance. The decision of the arbitrator shall be final and binding upon the aggrieved employee,the Association and the City. The losing party shall pay all the fees and expenses of the arbitrator. The arbitrator shall designate the losing party for purposes of this paragraph,and may find that both parties lost in part and apportion fees and expenses accordingly. Each party shall pay the subpoena fee of their own non-city employee witnesses. E. Whistleblower Claims. The submission shall state specifically each law, which is or was believed to have been violated and the factual basis for the claimant's belief that such a violation occurred. It shall further state each"appropriate law enforcement authority"to whom or which the violation has been reported. The grievance shall be filed at Step 2 (Chief of Police) and proceed through the steps in this process, provided however, that if the Chief is implicated in any of the reports the Chief shall not be included in the steps, other than Step 4,of the grievance process. In • that instance,the City Manager shall designate the alternate step. (page 24 • ARTICLE 9-HOURS OF WORK A. Workweek. The workweek shall consist of forty (40)hours per seven(7)day work cycle. "Regular rate" and "regular rate of pay" as used in this agreement means base pay and longevity only, in accordance with historical payroll practice, and does not have any statutorily derived meaning. A meal break may be taken during the shift scheduled in compliance with the rules and regulations of the department. Notwithstanding any other provision in this agreement, the City shall be entitled to implement and qualify for meal time credit under the provisions of Section 142.0015(i), Local Government Code,and 29 C.F.R. 553.223 and 785.19. Any work required in holdover from a shift shall not be compensable unless it exceeds fifteen (15) minutes. Where fifteen (15) minutes is exceeded, all time worked in holdover from shift shall be paid at the overtime rate, calculated in fifteen (15) minute intervals. Any time in excess of any fifteen (15) minute interval shall be compensated to the next quarter hour. B. Overtime. 1. Overtime shall be defined as authorized work performed in excess of the regular workweek. Where overtime occurs as a result of shift assignment change all employees excluding those serving at the rank of Deputy Chief or above may elect to be paid straight time for the time worked or an equal amount of compensatory time. Where the employee elects to be paid, calculation for pay shall be made during the pay period in which the overtime was accrued. Productive time for the purposes of calculating overtime in a workweek includes vacation leave, • holidays, sick leave,and compensatory time, and any other authorized leave. Both parties believe that the pay and benefits under this agreement exceed the statutory minimums set by federal and state law for straight and overtime pay. In any enforcement action under federal or state law, the City shall be entitled to credit for all payments made under this contract which exceed the statutory pay obligations, including but not limited to the foregoing "productive time" provision, irrespective of the pay period or pay cycle when such occurred. The City shall also be entitled to the full extent of the partial exemption under 29 U.S.C. 207 (k) in any such enforcement action. Should any court rule or hold that the City is not entitled to the full credit provided herein,the City may reopen negotiations during the term of this contract to address any issue necessary as a result of such ruling, and the duty of each party to bargain under Chapter 174 shall apply. Except as provided below, all employees, excluding those serving at the rank of Deputy Chief or Assistant Police Chief, may elect to be compensated for overtime either in cash at the rate of one and one- half(1-1/2) times 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 for all other overtime worked.Overtime worked for which the City will be reimbursed for overtime by Federal or State Grants that restrict compensation for such overtime to cash only will be compensated in cash only. In addition to the above,the City and Officers will recognize and comply with all limits placed on overtime by the Federal and/or State Grants. Officers shall be notified prior to accepting such an assignment that the payment for overtime shall be in cash only and not compensatory time. Scheduling of compensatory time shall be at the discretion of the Chief. An employee may not accrue more than four hundred and eighty (480)hours of compensatory time. • 1Page 25 • 2. Overtime at the rate of two (2) times the regular rate of pay will be paid for work performed on Thanksgiving Day, Christmas Day and Easter Sunday. Overtime at the rate of one and one-half(1-1/2) times the regular rate of pay will be paid for work performed on any other holiday listed in Article 11. 3. Holiday overtime: In the event an officer is scheduled to work a holiday, any time an officer works past his assigned regular duty time will be paid at the next increment of pay. Example: if an officer is working on July 4th and is working at a time and a half rate but subsequently works past his regular shift,the time worked past his regular duty hours shall be paid at double time. Example: if an officer is working on Christmas day and is working at double time but subsequently works past his regular shift,the time worked past his regular duty hours shall be paid at double time and a half. 4. In an effort to minimize non-volunteer overtime for events scheduled ninety (90) calendar days or more in advance,the Chief will have posted sign-up sheets for voluntary overtime assignments thirty (30) calendar days prior to the event. Sign-up sheets will remain posted until two (2) workweeks prior to event. Based upon the sign-up list, non-voluntary overtime assignments will be made or rescheduling will be done by the City in order to provide the necessary on duty police services for the event. Any officer who voluntarily signs up or gets drafted to work an event that falls under the guidelines of a"non-volunteer overtime event" will be paid at a rate of double time. In the event a "non-volunteer overtime event" takes place on a holiday as established in this Agreement except a floating holiday,officers who sign up or get drafted will be paid double time and a half. • 5. 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, Deputy Chiefs shall be compensated at the rate of one and a half(1-1/2)times and may be compensated in cash or compensatory time,for those hours worked over and above the regular forty (40)hour workweek. C. Court Time and Call Back. 1. Employees while off duty that 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 one and one-half(1-1/2)times the employee's regular rate of pay with the minimum compensation of three (3)hours. 2. Employees who are subpoenaed while on vacation to give testimony about events arising out of their employment shall be compensated during the first eight(8)hours of testimony for the employee's vacation time in that workweek as well as compensated for actual hours worked at the rate of one and one-half (1-1/2) times the employee's regular pay with a minimum compensation of two(2)hours.Compensation for subsequent Court testimony after the initial eight (8)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 page 26 • (2)hours,except that where an emergency exists,the employee's vacation may be canceled by the Chief,whereupon said employee shall be paid at his/her regular rate of pay. 4. The Association and the City shall work together in the Labor-Management Relations Committee in an effort to minimize unnecessary standby time. 5. Restricted on-call compensation. Off-duty employees who are ordered by the Chief to be on restricted on-call duty shall be compensated at a rate of$1.00 per hour while assigned to such on-call duty. On-call duty restrictions shall be determined by departmental policy. D. Deferred Compensation for Overtime. The City shall establish a policy under which officers who participate in a deferred compensation plan which has been approved by the City shall be eligible to defer all accrued overtime in increments of one (1) hour or more into their deferred compensation plan. The policy shall require prior designation by the employee of the election to participate for a period of at least six (6) months. All overtime deferred under such policy shall be deposited directly to the officer's account in such deferred compensation plan.The City may require that the employee release and hold the City harmless for any penalties or other liability incurred by the City as a result of allowing the employee to defer overtime compensation under this provision. ARTICLE 10—SALARY AND BENEFITS A. Monthly Salary Schedule • 1. The basic ranks and classifications within the City of Corpus Christi Police Department shall be established by the City by ordinance pursuant to Texas Local Government Code Section 143.021 and its management rights. 2. The Parties agree that the applicable monthly pay rates for the current Police Officer basic ranks and steps within the Department will continue at their respective current rates from the date this Agreement is ratified and executed until September 30,2027. 3. Effective October 1, 2023, the monthly pay rates for the basic ranks and steps within the Department will be as follows which includes: An eight percent(8%) increase effective October 1, 2023 for Fiscal Year 2023-2024; A one-time stipend of$2,000.00 payable on October 1,2024 for all sworn officers; Any employee who has not been sworn-in as of this date, shall still be entitled to this one-time stipend so long as they are sworn-in by September 30,2025. A three percent(3%) increase effective April 1,2025 for Fiscal Year 2024-2025; A three percent(3%%) increase effective April 1, 2026 for Fiscal Year 2025-2026; and • A four percent(4%%)increase effective April 1, 2027 for Fiscal Year 2026-2027. (Page 27 • Effective October 1,2023 (8%) Class Class Title Starting 6-mo 18-mo 30-mo 42-mo 60-mo 120-mo Code P08 Trainee 4,353 P07 Police Officer 5,057 5,308 5,584 5,880 6,184 Senior P06 Officer _ 6,485 6,800 7,141 7,496 P05 Lieutenant 7,686 7,879 8,074 8,280 8,694 Class Class Title Starting 9-mo 18-mo 36-mo 60-mo Code PO4 Captain 8,869 9,045 9,143 9,277 9,373 Effective April 1, 2025 (3%) Class Class Title Starting 6-mo 18-mo 30-mo 42-mo 60-mo 120-mo Code • P08 Trainee 4,484 P07 Police Officer 5,208 5,467 5,751 6,056 6,370 Senior P06 Officer 6,680 7,004 7,355 7,721 P05 Lieutenant 7,917 8,115 8,316 8,529 8,955 Class Class Title Starting 9-mo 18-mo 36-mo 60-mo Code PO4 Captain 9,135 9,316 9,418 9,556 9,655 Effective April 1, 2026 (3%) Class Class Title Starting 6-mo 18-mo 30-mo 42-mo 60-mo 120-mo Code P08 Trainee 4,619 P07 Police Officer 5,365 5,631 5,924 6,238 6,561 Senior • P06 Officer 6,880 7,214 7,576 7,953 P05 Lieutenant 8,154 8,358 8,566 8,785 9,223 'Page 28 • Class Class Title Starting 9-mo 18-mo 36-mo 60-mo Code PO4 Captain 9,409 9,596 9,700 9,842 9,944 Effective April 1, 2027 (4%) Class Class Title Starting 6-mo 18-mo 30-mo 42-mo 60-mo 120-mo Code P08 Trainee 4,803 P07 Police Officer 5,579 5,857 6,161 6,487 6,823 Senior P06 Officer 7,156 7,502 7,879 8,271 P05 Lieutenant 8,481 8,693 8,908 9,136 9,592 Class Code Class Title Starting 9-mo 18-mo 36-mo 60-mo PO4 Captain 9,785 9,980 10,088 10,236 10,342 • 4. The beginning salary of Officers hired'under the lateral hiring process found in Article 12 H Lateral Hiring Process shall be as follows: Lateral Hiring Process Officers -Effective October 1, 2023 Class Class Title Starting 12-mo 24-mo Code PO7A Police Officer(Lateral Hire) 5,880 6,184 6,339 Lateral Hiring Process Officers - Effective April 1,2025 Class Class Title Starting 12-mo 24-mo Code PO7A Police Officer(Lateral Hire) 6,056 6,370 6,529 Lateral Hiring Process Officers -Effective April 1, 2026 Class Class Title Starting 12-mo 24-mo Code • PO7A Police Officer(Lateral Hire) 6,238 6,561 6,725 ' Page 29 • Lateral Hiring Process Officers -Effective April 1,2027 Class Class Title Starting 12-mo 24-mo Code PO7A Police Officer(Lateral Hire) 6,487 6,823 6,994 B. Qualifications: 1. Senior Officer. To qualify for a pay step at sixty (60) months of service as a Senior Officer, each Senior Officer must possess an Advanced Certificate from TCOLE or a bachelor's degree from an accredited college or university. To qualify for a pay step at one hundred and twenty (120) months of service as a Senior Officer, each Senior Officer must possess either a Master Peace Officers Certificate from TCOLE or a bachelor's degree from an accredited college or university. 2. Lieutenant. To qualify for a pay step at sixty (60) months of service as a Lieutenant, each Lieutenant must possess a Master Peace Officer's Certificate from TCOLE or bachelor's degree from an accredited college or university. If a Senior Officer is promoted to Lieutenant,the employee shall be placed in the pay step that gives the employee an increase in pay. To the extent that any provision of this article conflicts with or changes Chapter 143 or any other statute, executive order, local ordinance or rule, this agreement shall supersede such provisions, as • authorized by Chapter 174 of the Texas Local Government Code. C. Health Insurance and Life Premiums 1. Health Care Plan: Effective January 1,2020,the City shall provide the following health care coverage for Police Officers and their dependents. The plan will be called Consumer Driven Health Plan Public Safety with Health Savings Account (CDHP Public Safety) and shall be the only plan offered by the City. The City shall pay one hundred percent (100%) of the employee's premium and one hundred percent (100%) of the premium for dependent coverage towards the CDHP Public Safety. Premium rates shall be determined using the agreed methodology described in this Agreement. In the event alternate plans are introduced in the future, the dollar amount of City Contribution will always be based upon the outcome of this provision toward all plans and employee tiers of coverage unless otherwise agreed upon by the Association. The City agrees to provide the Association and/or its consultant(s)information used by the City to determine premiums (with the exception of information subject to privacy limitations under the state or federal law, including the Health Insurance Portability and Accountability Act(HIPAA), unless proper agreements or authorizations have been executed). The City will notify the Association,in advance,of any Employee Insurance Advisory Committee • meetings. The Association will be allowed to have representation on the Employee Insurance 'Page 30 Advisory Committee,and on any committees formed to evaluate proposals in response to Requests • for Proposals related to negotiated benefits of the bargaining unit. The City retains the right to negotiate with insurance carriers,third party administrators and their related sub-contractors and/or medical providers to provide insurance coverage or administration of the CDHP Public Safety. The benefits in the plan that will be negotiated will be hospitalization deductibles, maximum out of pocket amounts, co-pays and co-insurance percentages. Participating Provider Service Areas shall always include the following areas: Corpus Christi and the surrounding area, South Texas, Dallas/Ft Worth, Houston, San Antonio/Laredo and Austin. However, this does not mean that all providers in the above listed areas are in-network and it is the employee's responsibility to check to see if a provider is listed in the City's preferred provider network. If a particular provider is not in-network, the employee will be responsible for the out- of-network costs. Out of Network is the use of any hospital, physician or other health care facility or professional that has not signed an agreement with the City's preferred provider network. The plan will pay reasonable and necessary charges. Since the City does not have contracts through the Third-Party Administrator with out-of-network providers,providers may balance bill members. In a true emergency as determined by the Third-Party Administrator services provided outside the • participating provider service areas will be provided at the in-network level of benefits. In the event a covered member does not live or work in an area with in-network providers, the member may request a PPO waiver in advance of services being provided through the Third Party Administrator so that the out-of-network claim is processed as an in-network claim, but it is possible that the out-of-network provider may balance bill members. Plan changes mandated by federal health care legislation will be implemented as required. The Association will be notified of such changes. The following components will be used to calculate the premiums for active employees and retirees under age 65: • Third Party Administrator(TPA)administrative fees • Stop loss premiums • Incurred and paid medical and prescription drug claims (after stop loss adjustments, rebates, subrogation recoveries, coordination of benefits recoveries) of all plan participants (active employees, retirees, and participating dependents), with allowance for adjustment based upon expected benefit plan, enrollment or other changes. The base time frame for this data will be based upon a consecutive seventeen (17) month time • period ending seven (7) months prior of effective date of such rate and Page 31 • benefit changes. The resulting net claim factors will be converted to a twelve (12) month equivalent for purposes of establishing the base claims factor to be used in the calculation to determine contributions. • A prorated contribution toward the cost of an onsite primary care clinic (the percentage of members covered under the Public Safety Plans divided by the total covered members under the City's health plans who are eligible to use the clinic times the estimated annual cost of the clinic). • Incurred But Not Reported(IBNR)claims, as actuarially determined. • The net change in forecasted and prior period catastrophic reserve funding (10%of actuarial projected claims expense). • Assumptions for inflation and trend components used to estimate future claims will incorporate prevailing plan specific, regional, and national trends, as well as the anticipated impact of any mandated benefits, and any other factor(s) determined to impact the overall trend. Actuarial and consulting input from both parties will agree upon the factor(s) applied in accordance with professional, ethical and generally accepted practices. If agreement is not reached, within two (2) weeks after the actuary report is provided to the Association, the City will implement the recommendation of its Actuary. The City must notify the Association in writing of its intent • to implement its actuarial recommendation. The Association has seven (7) calendar days from receipt of that notice to appeal in writing to the City Manager and request the dispute resolution process as outlined below. Each party's actuary shall mutually agree within seven (7) calendar days upon a third neutral actuary. The parties shall submit position papers within fourteen (14) calendar days from the date of his/her selection. A decision in writing by the neutral actuary as to the factors applied to determine the contribution requirements for active employees and retirees under age 65 shall be delivered to the parties within seven (7) calendar days and shall be binding on all parties. Each party shall pay the total fees and expenses of their own actuary and each shall pay half of the fees and expenses of the neutral actuary. a. The following is a summarization of the plan structure only. Please refer to the Benefit Guide for specific details including preauthorization requirements,plan limitations and exclusions. BENEFITS IN NETWORK OUT OF NETWORK (Participating Providers) PLAN YEAR $3,000 Per Individual $5,000 Per Individual DEDUCTIBLE $6,000 Per Family $10,000 Max. Family I41., (Embedded) iPage 32 x PHYSICIAN SERVICES Subject to deductible and Deductible then 70/30% In-Patient then 100%coverage Coinsurance Out-Patient Emergency Room Lab Work Subject to deductible and Deductible then 70/30% Physician's Office then 100%coverage Coinsurance Lab Facilities Hospitals X-RAYS Physician's Office Subject to deductible and Deductible then 70/30% X-Ray Facilities then 100%coverage Coinsurance Emergency Room Services Subject to deductible and Deductible then 70/30% then 100%coverage Coinsurance Hospitalization Subject to deductible and Deductible then 70/30% (In-Patient) then 100%coverage Coinsurance 4110 Hospitalization Subject to deductible and Deductible then 70/30% (Out-Patient) then 100%coverage Coinsurance Retail Prescriptions Co-Pays(will only apply to Deductible then 70/30% eligible preventive care Coinsurance drugs,all other drugs are subject to the deductible): $0 Generic $20 Preferred Brand $40 Non-Preferred Brand Mandatory Mail Order Co-Pays (will only apply to Deductible then 70/30% (90day and Maintenance) eligible preventive care Coinsurance drugs,all other drugs are subject to the deductible): $0 Generic $20 Preferred Brand $40 Non-Preferred Brand • Out-Of-Pocket Cost $3,000 Per Individual $7,000 Per Individual ' Page 33 (Including Co-Pays& $6,000 Max Family $14,000 Max Family • Deductibles) Lifetime Maximum Benefit=Unlimited. All in-network co-pays count toward the annual (embedded) deductibles. Eligible in-network preventive drug expenses are not subject to the deductible. The City will contribute $1,600 at the beginning of each fiscal year to an employee's Health Savings Account (HSA), if the employee is eligible under IRS regulations to receive such contribution and the employee is enrolled in the CDHP Public Safety plan. However, in the event that an employee is legally married to another employee police officer within the Corpus Christi Police Department and they are enrolled in either an employee/spouse or family plan under CDHP Public Safety, both employees are entitled to receive the $1,600 $ HSA contribution at the beginning of each fiscal year,so long as each employee is otherwise eligible under IRS regulations. As a health plan expense, funds for the HSA contribution will be allocated to the health plan fund, as all other related contributions,and then disbursed to individual HSA accounts. b. Provisions Applying to All Offered Plans as of January 1,2011 HPV vaccinations up to age 25 will be covered at one hundred percent(100%)up to a$500 annual • maximum benefit and not subject to any co-pay or cost sharing provision. The routine mammography benefit will have a per procedure maximum benefit of$150 not subject to any co-pay or cost sharing provision. Benefits for Hospice Care,both facility and home based care,will be covered as any other illness, maximum of ninety (90)days coverage per lifetime. Benefits for Home Health Care and Skilled Nursing Facility Care will_be covered as any other illness,maximum of ninety (90) days coverage per plan year. c. Compliance with Federal and State Laws If the City believes that state or federal laws require a plan change in order to avoid penalties and excise taxes, to satisfy the statutory and legal coverage and benefit requirements and to preserve the flexibility to make needed changes to comply with the federal and state laws,including but not limited to the Affordable Care Act's complex and evolving requirements,the City shall notify the Association in writing of its desire to make such plan changes. The parties shall meet and confer in good faith for a period of thirty (30) calendar days to try and come to a mutual agreement regarding the City's proposed changes to the CDHP Public Safety or whatever health care plan is in place for Public Safety.If the parties are unable to reach an agreement within thirty(30)calendar day period, then the parties mutually agree to retain a qualified licensed professional health • insurance expert to assist in this effort. The retained expert will be authorized to effect only those iPage 34 changes to the Plan which are minimally necessary to ensure that the City and the CDHP Public • Safety are not subject to any penalties and excise taxes and to ensure that the Plan complies with any Federal and State Laws. d. Affordable Care Act Cadillac Tax and Health Care Plan Transition The parties will mutually agree to retain a qualified licensed professional health insurance expert to assist in this effort. If no resolution is arrived at after the meet and confer period, the retained expert is authorized to effect only those changes to the Plan which are minimally necessary to ensure the City and the Public Safety Citicare Health Insurance Plan are not subject to the Cadillac Tax and any other excise taxes, penalties or liabilities under the ACA. In no event will the City pay any taxes or penalties as a result of the CDHP Public Safety. 2. Retiree Health Insurance Coverage. Employees who retire under the conditions of regular TMRS retirement, and their participating dependents, covered on the last day of employment, shall be eligible to continue participation in the City's group health insurance program at monthly premiums subject to periodic changes in rates as required. The total cost of such continued coverage shall be paid entirely by the retiree and/or spouse. The spouse's rights shall continue after the employee's death, but shall terminate upon divorce. Coverage shall remain in force for the retiree while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage in the CDHP Public Safety will cease. While the retiree remains in the City's group health insurance program or fully • insured plan offerings for Medicare eligible retirees coverage shall remain in force for the retiree's spouse while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage in the CDHP Public Safety shall cease. Coverage shall remain in force for the retiree's participating dependent children while paid until they become ineligible as defined in the plan at which time coverage in the CDHP Public Safety shall cease. If at any time the retiree chooses to leave the City's group health insurance or City's fully insured plan offerings for Medicare, coverage will cease for any and all dependents. Medicare eligible retirees and Medicare eligible dependents will be eligible to participate in the City's fully insured plan offerings for Medicare eligible retirees. 3. Association Supplemental Insurance Programs. The Association may select and change any group supplemental insurance coverage for officers and/or dependents in which plan officers may opt to participate.The City will provide payroll deduction for any officer participating who authorizes same to cover any additional amount of premium for such participation. The Association shall give the City at least thirty (30) calendar days advanced written notice of any change in the plan, eligible participants, or the amount of premiums. The City will contribute $47.00 per month, per officer, for any officer opting to participate in any selected plan. The City shall contribute an additional $15.00 per month,per officer, with dependents toward any selected plan for such officers provided that a minimum of seventy-five percent (75%) of officers with dependent(s) opt to participate. Any administration fee surplus account may be used by the Association in any manner prescribed by its Executive Board of Directors. • Page 35 • 4. Life Insurance. The City shall provide basic life insurance coverage for each police officer, to include Lieutenants, equal to that employee's annual base salary. Captains, Deputy Chiefs and Assistant Chiefs shall be provided basic life insurance coverage equal to their annual base salary or$50,000.00 whichever is greater. D. Field Training Officer Pay. Field Training Officer pay of$300.00 per month shall be granted in addition to regular pay to all officers for extraordinary, specific duties of training and evaluating recruit officers. E. Education Incentive Pay. 1. No probationary employee will be eligible for educational incentive pay until after he/she has successfully passed his/her 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. 2. Educational Incentive Pay will be$1.00 per month for each semester hour satisfactorily completed provided that such hours are applicable toward a degree. Also the following monetary caps will apply: no more than$71.00 per month will be paid without successful completion of the requirements and receipt of the Associate degree; if the employee is attending a four-year college, he may meet this requirement by filing a copy of his/her certified degree plan with the Director of • Human Resources, noting his/her expressed intent to obtain a Bachelor's Degree. All approved hours above the Associate Degree will be eligible for educational pay at this rate up to an additional $49.00 per month or a combined total of$120.00 per month. Successful completion of the requirements and receipt of a Bachelor's Degree will qualify the employee for$125.00 per month. Approved hours above the Bachelor's Degree applicable toward a Master's Degree will be eligible for educational incentive pay at the same rate up to an additional $20.00 per month. Successful completion of the Master's Degree will qualify the employee for$155.00 per month. F. Clothing and Equipment. 1. The City shall pay one hundred percent(100%)of the cost to provide every uniformed employee with all required initial clothing items and equipment,excluding shoes. Thereafter the City shall replace or repair all said required clothing items and equipment, which are lost or damaged on the basis of one hundred percent(100%)excluding shoes.A clothing allowance of$900.00 per year shall be paid to all Officers who are required by order of the Chief to wear civilian clothing during their regular work assignment. Employees shall receive the clothing allowance in a separate payment. Such payments will be made no later than within first full month after the beginning of the fiscal year, or when assigned. The parties agree that the • allowances provided herein reasonably approximate the amount of the expenses incurred IPage 36 • periodically by the officers. Officers transferred to or from a division receiving clothing allowance will not be eligible to receive more than a combined total of nine hundred dollars ($900.00) in patrol pay and clothing allowance for any fiscal year. 2. A uniform cleaning allowance of $60 per month shall be provided to each officer of the department for the purpose of uniform and clothing cleaning and maintenance. G. Pensions. The City will enroll employees in the Texas Municipal Retirement System and provide the following benefits under the plan: 1. Employee Deposit Rate of 7% 2. Municipal Current Matching Ratio of 2 to 1 3. Updated Service Credits(100%repeating) 4. Annuity Increase 30%of CPI (Repeating) 5. Military Service Credit 6. Vesting Requirement 5 years 7. Service Retirement Eligibility 5 years at age 60,20 years at Any Age 8. Restricted Prior Service Credit H. Deferred Compensation Plan. Officers may participate in the deferred compensation plan;adopted by the City Council. • The City will notify the Association, in advance, of any Deferred Compensation Plan Committee meetings. The Association will be allowed to have representation on the Deferred Compensation Plan Committee, and on any committees formed to evaluate proposals in response to Requests for Proposals related to the deferred compensation plan. I. Classifications Compensated Under the City's Classification and Compensation Plan. The positions of Assistant Police Chief and Deputy Police Chief shall be compensated at salary levels set forth within the City's Classification and Compensation Plan consistent with the provisions provided under City's Personnel Ordinance. Individual salary increases based on merit, performance or other, as authorized by compensation ordinance shall be permitted for these classifications,Chapter 143 notwithstanding. As to Assistant Chiefs and Deputy Chiefs,all officers in the same classification are not entitled to the same base salary;this provision specifically supersedes Section 143.041. J. Termination Pay. Upon termination, sick leave shall be paid to police officers according to the following schedule: (a) Less than 4 full years of service: zero hours (b) 4 full years of service: not more than 240-hours (c) 5 full years of service: not more than 320-hours (d)6 full years of service: not more than 400-hours • (e) 7 full years of service: not more than 480-hours IP 37 (f) 8 full years of service: not more than 560-hours • (g)9 full years of service: not more than 640-hours (h) 10 or more full years of service: not more than 720-hours (i)20 or more full years of service: not more than 960-hours (j)25 or more full years of service: not more than 1,440-hours 1. Effective upon execution of the Agreement,the first seven hundred and twenty (720) hours of such sick leave credit shall be paid at the rate of pay determined in accordance with the statutory calculation under Section 143.045. The remaining balance, if any, shall be paid at the rate of pay including only base pay plus longevity. Any police officer who has accrued sick time in excess of what the police officer will be paid for upon separation from employment with the City may donate the excess sick time to the sick pool described in Article 11, I of this Agreement. 2. In the event of termination,_the City shall pay accrued compensatory time not to exceed four hundred and eighty (480)hours at the employee's regular rate of pay. K. Longevity Pay. Longevity pay shall be $15.00 per month for each complete year of service as a commissioned Officer with CCPD up to a maximum of twenty-five(25)years of service. This pay increase shall not be retroactive. L. Bomb Squad Pay. Effective the first full pay period after the adoption of this Agreement, • employees assigned to the bomb squad shall receive extra pay for such hazardous duty in the amount of$100.00 per month. M.Breathalyzer Certification Pay. All employees currently certified as Breathalyzer operators shall receive extra pay in the amount of$30.00 per month. N. Weekend Pay. Each officer who reports to work for a shift, which commences, between 10:00 p.m. on Friday and 9:59 p.m. on Saturday shall receive $50.00 per month; each officer who reports to work for a shift which commences between 10:00 p.m. on Saturday and 9:59 p.m. on Sunday shall receive $50.00 per month. O. Shift Differential Pay. Each officer who reports to work for his/her regularly scheduled shift which ends between 6:00 p.m. and 12:00 Midnight shall receive $50.00 per month; each officer who reports to work for his/her regularly scheduled shift which ends between 12:01 a.m. . and 8:00 a.m. shall receive $75.00 per month. P. Shift Changes. If,as the result of a change in shift or assignment,any officer loses Weekend and/or Shift Differential Pay, which he was receiving prior to such change, the loss of such additional pay shall not be grievable under the grievance procedure established in this contract. Q. Dog Handler Pay. Any Officer who is charged with the responsibility for and is assigned a dog by the Corpus Christi Police Department to be used in law enforcement functions shall be • compensated at the rate of $170.00 per month and one (1) hour of overtime pay on days off, Page 38 • • including vacation time, sick leave,compensatory time and personal leave. The parties agree that an accurate computation of hours of work caring for a police dog is difficult or impossible to determine and that the compensation provided herein is a fair and reasonable agreement considering all pertinent facts and circumstances. If a police dog is retired(taken out of service by the city)the Chief of Police shall award the police dog to the officer if the officer so desires. The City shall have no further obligation for the care, maintenance and support of the police dog. R. SWAT Team Pay. Effective the first full pay period after the adoption of this Agreement, any Officer who is selected and serves as a member of the Special Weapons and Tactics Team (SWAT)for the Corpus Christi Police Department shall be compensated at the rate of$125.00 per month. S. Hostage Negotiation Team Pay. Effective the first full pay period after the adoption of this Agreement,any Officer who is selected and serves as a member of the Hostage Negotiation Team for the Corpus Christi Police Department shall be compensated at the rate of$75.00 per month. T. Dive Team. Effective the first full pay period after the adoption of this Agreement, any officer who is selected and serves as a member of the Dive Team for the Corpus Christi Police Department shall be compensated at the rate of$100.00 per month. U. Badges. Upon retirement the employee shall be permitted to keep their badge at no cost to the employee. Upon promotion the employee shall be permitted to keep any badge they have purchased. • V. Patrol Pay. Each officer, regardless of rank who has not been designated by the Chief to receive a clothing allowance will receive a lump sum payment of$504.00. Such payments will be made no later than within the first full month after the beginning of the fiscal year.Officers transferred to or from a division receiving clothing allowance will not be eligible to receive more than a combined total of$900.00 in patrol pay and clothing allowance for any fiscal year. W. Certification Pay. Effective the first pay period after the adoption of this Agreement all Officers shall be paid for the highest certificate achieved at the monthly pay rate outlined below: Intermediate Peace Officer Certificate $75.00 per month Advanced Peace Officer Certificate $100.00 per month Master Peace Officer Certificate $150.00 per month ARTICLE 11 -LEAVE A. Holidays 1. Each employee shall receive the following ten(10)holidays during each fiscal year: New Year's Day Thanksgiving Day Martin Luther King, Jr. Day Christmas Day . Memorial Day One holiday to be determined by City ( Page 39 • Fourth of July Labor Day Juneteenth Floating Holiday Police Officers shall also receive any additional holidays that are granted to other municipal employees of the City. 2. Holiday time shall be added to vacation time. 3. The Chief may determine whether holidays are taken on the calendar date or the City designated holiday date, taking into consideration the assignments and work schedules of the various divisions. Unless otherwise specified by the Chief, each of the listed holidays shall be observed on the calendar day on which it falls. 4. Any employee who for any reason is absent without pay on a workday immediately preceding or following a holiday or on the holiday shall not be paid for the holiday unless worked, in which case he shall be paid only at his/her regular rate of pay. 5. Police officers shall be credited with eight(8) hours if employee is assigned to an eight (8) hour shift or ten (10) hours if employee is assigned to a ten (10) hour shift for holiday leave with pay for each of the above holidays during the period of the calendar year the officer worked. If an employee is scheduled to work on a holiday but is determined to be non-essential,and during the holiday the employee is called back to work, the employee shall be credited with eight (8) or ten(10)hours of holiday leave,as applicable. • B. Vacations. 1. Police officers shall be entitled to one hundred and twenty(120)hours vacation a year, which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. Police officers beginning their sixteenth (16th) year of continuous service shall begin to accrue one hundred and forty-four (144) hours of vacation a year which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. Police officers beginning their twenty-first(21st)year of continuous service shall begin to accrue one hundred and sixty-eight (168) hours of vacation a year, which shall accrue on the basis of twenty-six(26)biweekly pay periods a year. Police officers beginning twenty-sixth (26th) year of continuous service shall begin to accrue two hundred (200) hours of vacation a year, which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. After thirty (30) years of continuous service, police officers shall accrue two hundred and forty (240)hours a year,which shall accrue on the basis of twenty-six(26)biweekly pay periods a year. For police officers scheduled to work forty (40) hours a week, eight (8) working hours per day shall be counted as used for vacation purposes. 2. When the City schedules vacations,employees shall be given preference as to vacation selection on the basis of seniority by work unit to the extent that such scheduling will not interfere with City operations. Work units shall be defined by the City. 3. All employees hired after October 16, 1998, shall be allowed to accrue unlimited • vacation leave hours (includes holiday leave hours), but upon retirement, resignation or page 40 termination the employee shall not be paid in excess of four hundred and eighty (480) hours. All • employees hired on or before October 16, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation or termination the employee shall not be paid for accrued hours in excess of a cap of seven hundred and twenty(720) hours plus an amount equal to the accrued hours the employee had on the books as of October 16, 1998. The City shall notify each employee as to what their accrued vacation leave bank was as of October 16, 1998. (For example, a current employee had five hundred (500) hours of accrued leave on the books as of October 16, 1998. Upon retirement, resignation or termination the employee had one thousand eight hundred (1800) hours of accrued leave. The City shall pay the employee for one thousand two hundred and twenty (1,220) hours - includes the seven hundred and twenty (720) hour cap plus the five hundred(500)hours for that employee as established on October 16, 1998. If upon retirement,resignation or termination,the employee had six hundred and fifty(650)hours of accrued leave,the City shall pay the employee only for six hundred and fifty (650)hours. C. Personal Leave. Employees who have successfully completed their initial entry probationary period shall be entitled to receive forty (40) hours of Personal Leave beginning August 1' following the successful completion of his/her probationary period. This provision does not apply to probationary periods required for newly appointed Lieutenants and Captains. Personal leave is received on August 1"and must be used by and including July 31'. Personal leave is not accruable • and will be lost if not used within that particular twelve-month period received. D. Military Leave. Any permanent employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces,the Texas State Reserve Corps,or the Texas State Guard shall be entitled to military leave with pay for a period or periods not exceeding a total of two hundred and forty (240)hours in any one (1) calendar year. Any permanent employee who leaves his/her position for the purpose of entering the Armed Forces of the United States, or enters State service as a member of the Texas National Guard or Texas State Guard or as a member of the reserve components of the Armed Forces of the United States shall, if discharged, separated or released from such active military service under honorable conditions be restored to employment in accordance with the terms of the Uniformed Services Employment and Reemployment Rights Act (USERRA). In order to qualify for re-employment, the employee must comply with the requirements of USERRA. The Civil Service Commission shall adopt a promotional process in compliance with state and federal law for eligible officers on active duty military assignment. Effective with the signing of this agreement officers who were serving on active military duty as members of the armed forces and who were eligible promotional candidates according to the rules as set out by USERRA when a department promotional exam was offered, who did not take the exam,may take the next available promotional exam given for the rank for which they are currently eligible. If the officer's score would have resulted in a promotion if it had been achieved on the exam(s) missed due to active military service, the officer must be promoted to the next available 1111 vacancy in that rank. Seniority in rank will be established as of the date the officer would have ipage 41 • been promoted,as if he or she had not been on active military service. The officer will also receive a lump sum payment in the amount of the difference between the pay actually received and the promotional rank pay for the period of time since the officer returned to the Police Department from active duty. This provision is intended to comply with requirements of USERRA, and to supersede the terms of Section 143.032(b)of the Texas Local Government Code. This Agreement does not prevent the City from taking steps to comply with USERRA under unique or special circumstances. E. Special Leave. 1. In addition to leaves authorized above, the Chief may authorize an employee to be absent without pay for personal reasons for periods not to exceed two hundred and forty (240) hours. Leaves without pay in excess of two hundred and forty(240)hours and not exceeding three hundred and sixty-five(365) days shall require approval of the City Manager. 2. The City Manager may authorize special leaves of absence with pay for any period or periods not to exceed three hundred and sixty-five (365-days for the following purposes: Attendance at college,university,or business school for the purpose of training in subjects relating to the work of the employee and which will benefit the employee and the City service, serving on a jury or attending a court as a witness; and for purposes other than the above that are deemed beneficial to the City service. 3. The City Council,upon the recommendation of the City Manager,may grant leaves of • absence with or without pay in excess of the limitations above for the purposes of attending extended courses of training at a recognized university or college and for other purposes that are deemed beneficial to the City service. F. Line of Duty Injury or Illness. No sick leave shall be charged for an injury or illness sustained in the line of duty.Employees 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 have 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. In the event the Chief denies a request pursuant to this section, the officer may appeal such denial in writing within fourteen(14)calendar days to the City Manager. The City Manager shall render a decision on the appeal in writing within fourteen(14)calendar days of receipt of the appeal. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance,arbitration or any other body. G. Administrative Leave. Assistant Chiefs and Deputy Chiefs 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 Deputy Chiefs have accumulated in excess of their regularly scheduled work. • ipage 42 • H. Leave Buy-Back. On August 1 of each year an employee may elect to sell back to the City two(2)hours of vacation leave for every hour of vacation leave used during the following twelve (12) month period not to exceed eighty (80) hours per year. Selling vacation leave hours to the City under this provision shall be in lieu of any other option to vacation days under this Agreement or any other City policy or practice. The City shall distribute funds in cash or as contribution to deferred compensation or as otherwise directed by the employee. Any costs incurred for the transfer of funds for distributions other than direct payment to the employee shall be the responsibility of the employee. I. Sick Leave Pool.. Each police officer shall accumulate one hundred and twenty(120)hours of sick leave with pay per calendar year. The sick leave pool will have a maximum balance of eight thousand (8,000) hours. When the total number of sick leave pool hours drop below three thousand two hundred (3,200) hours, eight(8) hours of sick leave with pay for each officer shall become part of the sick leave pool,until the pool reaches its eight thousand(8,000)hour limit,and any remaining hours shall continue to be credited to the individual officer. If an employee does not have eight(8)hours of accrued sick leave,the employee shall be debited eight(8) hours from compensatory time or vacation leave days, in that order. Upon completion of probation, each officer shall have eight(8)hours of sick leave credited to the pool. No officer shall be eligible to draw sick leave pool hours until eight(8)hours of his/her sick leave hours is credited to the pool. The following requirements determine when sick leave pool hours may be drawn: 1. Officers with four (4) years or less service may use pool hours after one hundred twenty (120) hours of continuous non job related illness or injury. The first one hundred twenty • (120)hours shall be charged to the officer's accumulated sick leave or vacation leave or, if personal sick leave has been exhausted,to dock time. 2. All other officers may use pool hours after one hundred sixty (160) hours of continuous non job related illness or injury. Provided, however, in addition, before being entitled to use hours, such an officer must first use all his/her accumulated personal sick leave in excess of the amount payable upon termination. 3. No officer shall be permitted to use more than one thousand four hundred and forty(1,440) pool hours for a single illness or injury. 4. Pool hours may not be used for injuries or illnesses sustained in the line of duty. Injuries or illnesses sustained in the line of duty shall be compensated entirely under the terms of Article 11 (Section F)of this Agreement relating to "Line of Duty Injury or Illness." 5. The number of hours in the pool shall be solely for the benefit of officers with non job related injuries or physical or mental illnesses(including alcohol or drug related problems) identified by a licensed medical physician that prohibits the officer from returning to full time,part time or light duty employment,and such hours shall not revert to the accumulated sick leave of individual employees. Incapacities due to elective procedures are not eligible under this program; however, complications that develop as a result of the elective procedure(s)may be considered eligible. • (Page 43 6. Requests for hours from the pool should be submitted when the need for assistance is • determined. Hours will not be granted on a retroactive basis. 7. Requests for hours from the pool must: a. Be accompanied by a statement from a licensed practitioner that gives the diagnosis,prognosis, and anticipated return to work date of the Officer. b. Include a copy of the most current time and leave records information that reflects leave balances as of the Officer's last day physically on duty and the date the required use of personal sick leave, as defined in this section, will be or was exhausted. c. Be submitted on the"Request for Sick leave Pool Hours"form. 8. The Chief of Police, or designee, shall facilitate a committee review of all requests for hours from the pool. The committee shall include the Chief of Police or designee, the Deputy Chief of the Department's Administration Bureau or designee,and the Association President or designee. The decision of the committee will be final and can not be grieved. The Chief lice or designee will provide written notification to the employee of the award or denial of pool hours by the committee. a. The committee will determine the amount of pool hours to be granted for the request, based upon the information provided by the Officer. The committee will deny requests for which the data provided is insufficient and/or does not meet the requirements of this section. b. The Chief of Police, or designee, may reconvene the committee for further consideration should evidence become available that would have affected the outcome of the committee's decision. 9. If pool hours are used intermittently and an employee accrues vacation and sick leave prior to all granted pool hours being used,the Officer must use accrued leave prior to resuming use of pool hours. Hours granted under this program do not extend or increase time limits provided under any other policy(i.e. Limited Duty&Reasonable Accommodation,Family and Medical Leave Act, etc.) 10. Officers leaving employment with the City are not entitled to payment of unused pool hours. Additionally, the estate of a deceased Officer is not entitled to payment of unused hours. 11. Documentation provided in association with a request for hours from the pool will be maintained in a confidential manner,as allowed by law. J. Other Leave Time Policies. The City shall maintain all other leave time policies affecting • police officers currently in effect and not otherwise altered by provisions of this contract. 'Page 44 • K. Bereavement Leave. Upon the employee's request due to the death of an immediate family member, three (3) duty days of bereavement leave shall be granted. Immediate family members shall include the employee's parents, spouse, children, brothers, sisters, mother-in-law, father-in- law,brothers-in-law, and sisters-in-law, employee's or spouse's grandparents and grandchild. L. Funeral Benefit. The City Manager shall approve up to $16,000 documented funeral expenses for employees who lose their lives in the course and scope of employment. ARTICLE 12 - PERSONNEL PRACTICES A. Interchangeable Use of Police Officers and Senior Police Officers. Senior Police Officers and Police Officers may be freely utilized interchangeably in positions presently staffed by either classification in the various divisions with the following exceptions where only Senior Police Officers may be permanently assigned: 1. Criminal Investigation Division 2. Internal Affairs Unit 3. Narcotics and Vice Investigation Division • 4. Organized Crime Unit 5. Training The Chief of Police shall not assign any officer to the position of Field Training Officer who has less than three(3)years of seniority. In the event of exigent circumstances, the Chief of Police may assign an employee from the rank of police officer to work in one (1) of the Senior Police Officer only positions for a period not to exceed ninety (90)calendar days during a calendar year. This period may be extended for one (1) additional ninety (90) calendar day period. B. Disability. 1. 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. 2. A permanent disability shall be defined as an 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(1)calendar year. 3. The Chief may at any time require a medical 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. In the event the Chief Page 45 • determines, after consultation with the City Physician, that the officer is permanently unable to perform his or her job duties, he may institute immediate termination or retirement if applicable. An officer may call for further examination by a board of three(3)physicians. One such physician shall be appointed by the City,one(1)by the officer and the third by agreement of said physicians. The officer and the City shall pay their own appointed physicians and the parties shall share equally in the cost of the third physician. The majority finding of the three (3)physicians as to whether a permanent disability exists shall be final and non-appealable. 4. Upon termination or retirement for permanent disability,the officer shall be entitled to a lump sum payment for all his/her accumulated personal sick leave, but shall not be entitled to use or be compensated for any pool hours. 5. Upon any employee's being absent from duty for ninety (90) working days as a result of a single illness or injury, the Chief shall immediately require the employee to submit to a medical examination to determine whether the employee is permanently disabled, such determination to be made in accordance with the procedures in the preceding paragraph. 6. An officer who has previously been declared permanently disabled may be eligible for re-appointment to the service by the Chief upon certification by the City Physician that he or she recovered from the disability and is able to perform full duties. Provided, however, after two (2) years from the date of such disability the employee shall no longer be eligible for re-appointment. In the event the Chief denies a request for reappointment pursuant to this section, the officer may appeal such denial in writing within fourteen (14) calendar days to the City Manager. The City • Manager shall render a decision on the appeal in writing within fourteen (14) calendar days of receipt of the appeal. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. C. Civil Service Internal Investigations. The Civil Service Commission shall not conduct investigations of internal affairs within the Police Department. The term "investigation" means investigations of alleged misconduct of one(1)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 Chapter 143 is authorized by Chapter 174. D. Civil Service Commission Records. All rules, opinions, directives, decisions, and orders issued by the Civil Service Commission shall be preserved in written minutes. Such actions need not be copied verbatim in the minutes; it shall be sufficient to accurately summarize such actions. The Chairman or,in his/her absence,the Vice-Chairman of the Commission shall sign the minutes; the signatures of the concurring members on any action shall not be required. The Commission may, if it desires, cause any rules, decisions, directives, or orders to be reduced to writing, apart from the minutes. All such written records of the Commission shall be public records. E. Notice of Shift Change. The Chief of Police 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 right of the Chief of Police to reassign employees on short notice to other shifts,based • upon scheduling and manpower contingencies that may arise. Page 46 • Recognizing that shift changes, transfers and job assignments may require the assessment of a number of factors, the Chief of Police maintains the right to make all shift changes, transfers and job assignments in accordance with his/her determination of what is in the best interest of the Department. The Chief of Police shall adopt and provide a copy of the departmental transfer procedure to each employee. Except in the case of an emergency,or unless operational circumstances require otherwise, job vacancies will be brought to the attention of employees so that those interested in a vacant position may express their interest to the supervisor who is responsible for selection. Notice of vacant positions,skills required,and process to be used to make the selection will be posted on the department bulletin boards in the form of a staff memorandum or e-mailed to all employees and Department's Electronic Document Management System (DMS). The Chief of Police shall make a reasonable effort to assure that all eligible employees under his/her command are aware of the vacancy and the process to be used to make the selection.Employees who are interested in a vacant position should contact the appropriate supervisor in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills, knowledge, abilities, training, previous experience and seniority shall be among the factors considered in the policy adopted by the Chief of Police. The Chief of Police shall post the results of his/her decision on the filling of any job vacancy. Although not subject to the grievance procedure, should an employee feel that a misapplication of this provision in regards to shift changes, transfers or job assignments has • occurred, he or she may file an informational complaint with the Chief of Police. The Chief of Police shall meet personally with the employee within thirty (30) calendar days of the complaint being filed. Although not subject to the grievance procedure,should the Association feel that there has been a misapplication of this provision in regards to the policy or process on shift changes, transfers or job assignments, the Association may file an informational complaint with the Chief of Police. The Chief of Police shall meet personally with the Association and respond in writing to all Association informational complaints within thirty(30)calendar days of the complaint being filed. F. Wearing of Uniform on Off-Duty Security Jobs. An "off-duty security job" shall be defined as off-duty employment,the primary purpose of which is to utilize,or to potentially utilize, the training and police powers of the Corpus Christi police officer.The Chief may at his/her discre- tion; require a police officer working an off-duty security job to wear a police uniform during his/her first (1St) year of employment. After the first (1St) 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/she 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 include: • 1. The secondary job assignment; Page 47 • • 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. G. Entrance Examinations. Entrance examinations may be administered at any time or location to qualified groups or individual applicants. Names placed on the eligibility list for entrance appointments shall remain on that list for three hundred and sixty-five (365) calendar days from the date of the written examination. The eligibility list shall exist continually as names are added and deleted. No applicant shall be permitted to take an entrance exam more than once for an academy class. The oral interview shall be graded and such grade shall be computed into the final score. H. Lateral Hiring Process. (a) The Chief, without regard to the existence of or requirement for any eligibility list for beginning positions in the Department, may appoint applicants to beginning positions in accordance with this lateral hiring process.Each applicant must(1)have a current TCOLE(Texas Commission on Law Enforcement)license and(2)be employed or have been employed for at least three (3) continuous years as licensed peace officer for a municipal, county, and/or state law enforcement agency. Experience as a peace officer for a school or university, port authority, or • federal or military agency does not count towards the three (3) year continuous employment requirement found in number(2)above. (b) Each applicant must successfully complete entry requirements, including a medical examination,a physical fitness examination,a written proficiency examination to identify writing skills and knowledge of Texas law, a background investigation (to include a polygraph), a pre- employment drug test, a psychological examination, a panel interview (panel to be appointed by the Chief) and any other current eligibility requirements deemed appropriate by the Chief. (c) All out-of-state applicants being considered for lateral hiring must obtain his/her TCOLE License prior to appointment by the Department. The Department's minimum qualification standards are more stringent than that of TCOLE and all out-of-state applicants must meet the Department standards, in addition to obtaining a TCOLE License, to qualify as a candidate for lateral hiring under this Section. (d)The Chief, in his/her sole discretion, may deny the application of any applicant at any time. Such decision shall not be appealed to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. Applicants who are hired must successfully complete an academy specifically designed for applicants who are hired in accordance with this lateral hiring process. (e) The beginning salary of officers appointed under this lateral hiring process is found in • Article 10, Salary and Benefits. These officers shall be treated as new employees for all other (Page 48 purposes, including seniority, benefits and eligibility for promotion. Officers hired through this • lateral hiring process must meet the same promotional eligibility requirements as Corpus Christi Police Department Officers hired through the Department's regular hiring process. (f) Officers hired under this lateral hiring process shall serve a three hundred and sixty five (365) calendar day probationary period beginning with completion of the academy and may be discharged during this period at the discretion of the Chief, without appeal to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. (g) The Association, recognizing the City's need for flexibility in the hiring process, hereby agrees this article supersedes the hiring procedures in Chapter 143 of the Texas Local Government Code(Civil Service Act) I. Reinstatement The Chief, at his/her sole discretion, may rehire police officers who terminate their employment with the City of Corpus Christi and request in writing to be reinstated within eighteen (18) months. The rehired officer shall be required to enter at the rank of police officer regardless of the rank they held when they terminated their employment. The rehired officer shall be allowed to retain all seniority they held prior to terminating their employment;however,the rehired officer must wait eighteen(18)months to be eligible to take the senior officer examination. If rehired,the officer shall not be required to take the civil service entrance examination or to re-enter the basic academy. For example,a rehired officer who had five(5)years of seniority when they terminated • their employment would be rehired at PO7 at the forty-two (42) month pay step. When a rehired (reinstated) officer passes the senior officer examination, he or she shall retain all seniority he or she had as a senior officer prior to terminating their employment. For example, if an officer had five(5)years of service in the rank of senior officer when he or she terminated their employment, the officer shall be credited with five (5)years of seniority as a senior officer when they pass the senior officer examination after being rehired(reinstated),and shall be paid as a five(5)year senior officer. However, a rehired (reinstated) officer who makes senior officer again shall serve for a period of two (2)continuous years before being eligible to take the lieutenant's examination. The Chief shall have the right to require a rehired officer to successfully complete a designated course of in-service training and to impose a one hundred and eighty (180)day probationary period from the date of rehire during which the officer may be discharged at the discretion of the Chief without appeal to arbitration, to the Commission, or to any court and shall not be subject to the grievance procedure in this agreement.] J. Mandatory Random Drug Testing. The City and the Association agree that police officers may be called upon in hazardous situations without warning,and that it is imperative to the interest of police officers and the public to ensure that police officers are not substance impaired. In order to further their joint interest in protecting police officers and the public, the City and the Association agree to mandatory random drug testing described in this section. Thirty percent (30%) of police officers of all ranks shall be mandatory random drug tested during each calendar year on a fair and impartial statistical basis as provided in the Police Department's Drug and Alcohol Policy. The fair and impartial statistical basis (in which each police officer has an equal chance of being selected) shall be by a non-discriminatory computerized program operated and Page 49 . certified as non-discriminatory by an independent firm hired by the City, and the employee shall be tested upon being selected by the computer. The City shall notify the officer as to whether the test was post-accident, random or based upon reasonable suspicion. At no time will "Direct Observation"be used during any type of drug testing. For the purposes of this section: A. "drug testing" shall be defined as the compulsory production and submission of urine by an officer for chemical analysis to detect the presence of prohibited drug usage. B. "random drug testing" shall mean drug testing of individuals selected by the method described in the prior paragraph. C. "reasonable suspicion" shall be defined as a judgment/conclusion that a person is unable to safely and/or effectively perform their duties due to the suspected influence of drugs, alcohol, or inhalants. Reasonable suspicion is based on specific, observable facts that an officer may be under the influence of drugs, alcohol, or inhalants. Reasonable suspicion testing may involve urine or blood as determined under existing legal standards. An employee's mandatory random drug test results and related collection and diagnostic information shall be disclosed to the City to administer and enforce the Police Department's Alcohol and Drug Policy and this Collective Bargaining Agreement.The City and the Association otherwise regard an employee's mandatory random drug test results and related collection and • diagnostic information as confidential. The City and the Association have a mutual interest in ensuring that drug impaired employees do not perform law enforcement duties. The City and the Association agree that the purpose of the mandatory random drug testing is not to punish an employee who has not violated the Police Department's Drug and Alcohol Policy. The City and the Association are committed to the principal that the mandatory random drug testing for employees is designed and will be administered to result in disciplinary action only against those officers who have violated the Police Department Drug and Alcohol Policy. The City has developed a Police Department Drug and Alcohol Policy with procedures and protocols, which follow the requirements of SAMHSA/CAP FUDTP. The section of the Police Department Drug and Alcohol Policy dealing with mandatory random drug testing and the consequences thereof is subject to amendment by the City only as the City determines is necessary to follow the requirements of SAMHSA/CAP FUDTP. A grievance regarding the application, interpretation or enforcement of the language in this section is subject to mandatory arbitration. The sample for testing shall be a split sample. The collector shall inform the officer of the size of the required sample, and shall use a chain of custody process to split, label and send the sample, which shall be forwarded on the same day as the sample is taken. The City shall require any laboratory selected for collecting samples, to conduct a background investigation on those laboratory personnel involved in the collecting or handling an unsealed sample. The City is permitted to and does utilize a different lab for steroid testing. In addition, the City shall require • any laboratory selected for collecting samples to use only employees who have not been arrested Page 50 • by members of the Corpus Christi Police Department or convicted of a felony or misdemeanor crime involving dishonest conduct or possession of illegal drugs to be involved in the collecting or handling of an unsealed sample collected from a Corpus Christ Police Officer.Test results shall be inadmissible in any administrative disciplinary hearing if it is determined that the laboratory collecting samples has failed to conduct a background investigation on the laboratory personnel involved in collecting or handling the unsealed sample which resulted in a positive test result.The burden of showing that a background investigation was not conducted shall be on the party seeking to have the test results excluded from the administrative hearing. The City shall use only a SAMHSA/CAP FUDTP certified laboratory for mandatory random drug testing and shall require that such laboratory comply with the requirements of SAMHSA/CAP FUDTP. The results of the test or tests shall be sent by the laboratory to the Medical Review Officer via express mail service. The MRO may act separately on test results from each lab. The City shall allow the Association input into the Request For Proposal (RFP) on the selection of the Medical Review Officer. The test shall be a Police Department ten(10)panel test as set out in the Police Department Drug and Alcohol Policy. The specimens collected for testing shall be maintained in a secured area until picked up by the courier. The City shall use only a Medical Review Officer(MRO)for the City of Corpus Christi who is a licensed physician and who is certified as a Medical Review Officer by the American Association of Medical Review Officers. Nothing in this article shall be construed to abolish the existing authority and practice of the City to conduct drug test for: 1. Pre-employment • 2. Pre-assignment for Vice,Narcotics, Organized Crime or Emergency Reaction Units as a Bomb Technician. 3. Reasonable suspicion. 4. Post-accident 5. Post-firearm discharge Such test will be conducted under the same laboratory processes and protocols as mandatory random testing. K. Layoffs,Recalls and Reductions in Force. Layoffs,recalls and reductions in force shall be pursuant to Section 143.085. L.Temporary Duties in Higher Classification.A Senior Police Officer temporarily performing the duties of a Lieutenant or a Lieutenant temporarily performing the duties of a Captain shall not be temporarily appointed or made acting Lieutenant or Captain,but shall be paid for hours worked in the higher classification pursuant to Chapter 143.038, Texas Local Government Code. • Page 51 • M. Physical Fitness. 1. The Chief of Police and the Association may mutually agree in writing to adopt a physical fitness assessment model, adjusted for age and gender. 2. The City at its sole discretion may offer incentives, either in pay or leave time, if the Association mutually agrees in writing. 3. The City agrees to establish a police officer wellness program. This program will also include distribution of nutrition and fitness information during in-service training. ARTICLE 13-PROMOTIONS A. Posting and Administration of Promotional Examinations. A listing of materials from which promotional examination questions are taken shall be posted annually each January for examinations administered within the three hundred and sixty-five (365) calendar day period beginning the following April. The City shall post the date of the examination and a listing of the above materials no later than sixty(60)calendar days prior to an affected examination. Study materials will be available at least sixty (60)calendar days prior to an examination. No competitor for an exam may receive from an authorized or unauthorized person any part of a promotional examination for unfair personal gain or advantage. • With respect to vacancies in the ranks of Lieutenant and Captain, where no current eligibility roster exists,the City shall have one hundred and twenty (120) calendar days from the date of vacancy to complete the administration of written and Assessment Center examinations and post an eligibility roster. The Chief shall have thirty (30) calendar days from the posting of a Lieutenant or Captain eligibility roster to review the candidates and select an appointee, even if posting should for some reason occur more than one hundred and twenty(120)calendar days from the date of vacancy. For the purposes of this agreement,the term"vacancy"shall occur whenever no person holds the position or a person previously holding the position is permanently disqualified from maintaining the position.A vacancy does not occur during the pendency of a person's appeal of a suspension, indefinite suspension or demotion. B. 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 compiling the test questions have been discovered or where a question arises as to general accuracy. C. Senior Police Officer's Proficiency Examination. Police officers who have sixty (60) months of service in the Corpus Christi Police Department after commissioning as a police officer and possess either an Intermediate Certificate from TCOLE or at least sixty(60)hours of college credit from an accredited college or university shall be eligible to take an individual pass-fail written proficiency examination to qualify for immediate advancement to the rank of Senior Officer. Proficiency examinations shall be (Page 52 administered on a semi-annual basis. One (1) test shall be given within one (1) month of each • academy becoming eligible. If only one(1)academy is eligible in any given year,the second test shall be given within six(6)months of the last test if there are any eligible officers. Officers shall advance only after successfully passing the examination by correctly answering at least seventy percent (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. D. After Acquired Educational Requirement for Lieutenants Promoted to Captain.Lieutenants promoted to Captain who do not have a bachelor's degree from an accredited college or university shall be required to obtain a bachelor's degree from an accredited college or university within forty-eight(48)calendar months of their promotion. An employee who fails to obtain the required bachelor's degree shall be demoted to Lieutenant. An employee so demoted shall have no right to prior notice, a statement of charges, or 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 the Captain classification,an employee shall resume the competitive classification of Lieutenant from which he was promoted and his/her salary shall be in accordance with said competitive classification with service time credited as continuous time in that competitive classification and with his/her salary increases to which he would have been automatically entitled had he continuously remained in said competitive classification. When an employee is demoted, the demoted employee shall not "bump" another employee who is in the competitive rank of Lieutenant. An employee demoted under this subsection, cannot sit for a Captain's promotional • examination or re-promote to the rank of Captain until he/she has obtained his/her bachelor's degree, as required, from an accredited college or university. E. Appointment of Assistant Chiefs,and Deputy Chiefs. All promotions to the classifications of Assistant Chief or Deputy Chief shall be exempt from competitive examinations, and instead shall be made by appointment by the Chief. The appointment shall be within the discretion of the Chief, provided that the Chief shall promote the employees from the classifications specified elsewhere in this agreement. Captains appointed to Deputy Chief, who do not have a bachelor's degree from an accredited college or university, shall be required to obtain a bachelor's degree from an accredited college or university within forty-eight(48)months calendar months of appointment by the chief.Lieutenants appointed to Deputy Chief who do not have a bachelor's degree from an accredited college or university shall be required to obtain a bachelor's degree from an accredited college or university within forty-eight (48) calendar months of appointment by the chief. Persons who fail to obtain the required bachelor's degree shall be removed from the appointed position by the Chief. A Deputy Chief demoted under this subsection,cannot be reappointed to such rank until he/she has obtained his/her bachelor's degree, as required, from an accredited college or university. Captains or Deputy Chiefs appointed to Assistant Chief who do not have a master's degree from an accredited college or university shall be required to obtain a master's degree from an • accredited college or university within forty-eight (48) calendar months of appointment by the iPage 53 Chief. Lieutenants appointed to Assistant who do not have a master's degree from an accredited • college or university shall be required to obtain a master's degree from an accredited college or university within forty-eight(48)calendar months of appointment by the Chief. Persons who fail to obtain the required master's degree shall be removed from the appointed position by the Chief and are prohibited from re-appointment to such rank until he/she has obtained the required degree. An employee so demoted under this subsection, whether as Deputy Chief or Assistant Chief, shall have no right to prior notice, a statement of charges, or 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 or she was appointed and his/her 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 or she would have been automatically entitled had he or she continuously remained in said competitive classification. When an employee is demoted in rank from an appointed classification due to a reduction in force, the demoted employee shall not "bump" another employee who is in a competitive rank. F. Probationary Period for Lieutenants and Captains. Employees promoted to the rank of Lieutenant or Captain may be demoted at the discretion of the Chief, without appeal to the Commission, at any time during the three hundred and sixty-five (365) calendar day period subsequent to being so promoted. An employee so demoted shall have no right to prior notice, a statement of charges, or 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. G. Filling Vacancies Below Deputy Chief. Upon written request by the Police Chief for a person to fill a vacancy in any classification below the rank of Deputy Chief,the Commission shall certify to the Police Chief the names of the three(3)persons on the eligibility list having the highest grades for the position to be filled, and the Police Chief may select any one (1) of the three (3) persons so certified. The Police Chief need not state in writing his/her reason for selection or rejection of any of the three(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 selected as specified in paragraph F of Article 7,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 arbitrator may overturn the decision of the Chief.The question of rejection on the part of the Police Chief shall be determined by the arbitrator. To the extent this paragraph alters any provision of Chapter 143, Chapter 143 is so altered,and it is mutually so agreed. H. Eligibility for Promotion. The following rank, service, and educational or certification levels shall be required of all officers participating in the promotional procedure as set forth in this contract. • (Page 54 Current Rank Service Testing . Rank Sought Requirements Requirements Police Senior 5 years prior to exam and possess either an Written Officer Police Intermediate certificate or 60 hours of Proficiency Exam Officer credit from an accredited college/university. Senior Lieutenant 2 years of service in rank immediately Promotional Exam Police prior to exam and possess either an and Assessment Officer Intermediate certificate or 60 hours of Center credit from an accredited college/university. Lieutenant Captain 2 years service in rank immediately prior Promotional Exam to exam and a Bachelors Degree from an and Assessment accredited college/university within 48 Center months of appointment to Captain. Lieutenant Deputy 2 years service in rank immediately prior None Chief to appointment and a Bachelors Degree from an accredited college/university within 48 months of appointment to Deputy Chief Lieutenant Assistant 5 years service in rank immediately prior None Chief to appointment and a Masters degree from an accredited college/university within 48 months of appointment to Assistant Chief. Captain Deputy No minimum service requirement. A None Chief Bachelors degree from an accredited college/university within 48 months of appointment to Deputy Chief. Captain or Assistant No minimum service requirement. A None Deputy Chief Masters degree from an accredited Chief college/university within 48 months of appointment to Assistant Chief. I. Promotional Procedures. The promotional examination procedure for the classification of Lieutenant and Captain shall consist of two (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 examination form to the test administrator for grading shall determine respective standing. Only the highest ten (10) scorers from the Captain's written examination shall be allowed to continue on to the next phase of the examination process. Only the highest fifteen (15) scorers from the Lieutenant's written examination shall be allowed to continue on to the next phase of the examination process(Assessment Center). • Page 55 The City will engage an independent consultant firm to professionally develop the written • examination questions after consultation with the Human Resources Department. Such firm shall deliver the examination questions in a sealed and secured manner confidentially to the Human Resources Department,which will maintain them confidential,in a safe and secure manner. Under no circumstances shall the examination questions be taken out from under the confidential supervision and control of the Human Resources Department. If any of the eligible ten (10) candidates for Captains or the eligible fifteen (15) candidates for Lieutenant has an indefinite suspension on appeal the City may add an additional candidate for each such pending appeal to the Assessment Candidate Pool. 2. Assessment Center Examination- Shall consist of: An adequate number of certified police officers from outside the Police Department holding comparable or higher positions in a Police Department operating in a city of 100,000 or more population shall be selected to serve as assessors. All Assessors may be chosen by the Association and must have received authorization to participate by his/her respective Department. The Chief shall have the right to review the list of assessors and may strike no more than three(3) names from the list. If the Chief exercises the right to strike, he must provide a replacement(s) within five(5)calendar days of reviewing the list. The identification of the assessors shall be kept confidential. The Association President or Designee who develops the assessor list must not be a candidate for the promotional exam for which the list of assessors has been developed. The assessment center examination date(s)will be posted on the same day the written test • announcement is posted. On the day or days of the promotional assessment center the candidates may participate in the assessment process in lieu of duty.Assessors shall be trained in the methods to be used in administering the test for a minimum of eight(8)hours. All candidates will be given the opportunity to attend a classroom orientation period concerning the assessment center process. The orientation will include general information concerning the exercises they will be taking during the assessment process.The independent consultant shall develop at least three(3)exercises which he/she determines adequately assess measurable dimensions of the job analysis. All oral, group or role-playing exercises shall be audio and visually recorded to be graded at a later time. If a role-playing exercise is included as part of the assessment center, the same assessor(s) shall serve as the actor(s) for all candidates for that specific exercise. In any role- playing exercise, the assessor(s) that serves as the actor(s) shall be provided with a standardized script or list of questions and/or responses. Each candidate will be presented with the same script or list of questions and/or responses by the role-playing assessor(s). In no case shall an assessor evaluate a candidate where they performed the role of actor. Time shall be allotted that each individual exercise will be assessed in order, by the same assessors per exercise and without interruption,to insure fairness and the elimination of exterior factors. Feedback shall be provided to each candidate in a "feedback" session by the assessment center coordinators. The purpose of this session will be to provide each candidate with his/her score, what areas he/she excelled in, what areas he/she did poorly in, and what they might do to improve their performance in the future. The scores of the assessment center shall count sixty • percent(60%)of the combined score and the written examination scores shall count forty percent Page 56 (40%) of the combined scores to determine the final ranking when one (1) point for each year of • service is added up to a total of ten(10)points maximum and(5)points maximum from lieutenant to captain for each year of service at the rank of lieutenant. J. Eligibility List. Within forty-eight(48)hours of the completion, excluding weekends and holidays, of the Assessment Center Examination, an eligibility list shall be prepared and posted with the respective ranking of all applicants based on the following weights: (1) Written Examination 40% (2)Assessment Center Examination 60% 100% Points on Lieutenant's Examination 1 point for each year of service as a 10 points commissioned officer with the department up to a maximum of 10 points 110 Maximum Points Points on Captain's Examination 1 point for each year in rank up to a maximum 5 points of 5 points • 105 Maximum Points The results of the Assessment Center shall be binding for three hundred and sixty-five (365) calendar days and with the exception of fraud, shall not be appealable to the Civil Service Commission or arbitration. K. The final score shall be carried forward until a decimal place determines their ranking on the eligibility list. L. Contract Training for Lieutenants. As part of the New Lieutenant Training Program, employees newly-promoted to the rank of Lieutenant will be required to attend one four(4) hour contract training session relating to specific provisions of the current Collective Bargaining Agreement between the City of Corpus and the Corpus Christi Police Officers Association. The training session will be sponsored by the Association and will be held at a place designated by the Association. M. Grievances or Suits Claiming Right to Promotion. Any grievance or suit, known or unknown,claiming a right to promotion shall be filed in compliance with this Agreement no later than twenty(20)calendar days after the expiration of the eligibility list which is the subject of such grievance or suit. In the event of an award by an arbitrator or court in such a proceeding,no other person with a ranking on any previously expired eligibility list pertaining to any rank, at the time of such judgment or award, shall ever be entitled to promotion, back pay, enhanced seniority, or • any other relief. 'Page 57 • N. Chapter 143 Applicability. No Portion of Chapter 143 is applicable to the promotional process for Assistant Chief, Deputy Chief, Captain or Lieutenant with the exception of Sections 143.032(h), (i), and 143.034 and 143.028(c). O. Nepotism. 1. Promotions. This section shall take precedence over any other provisions of this Article or Agreement. If a relative of the Chief is a candidate for lieutenant or captain and qualifies by written examination to continue with the assessment center examination, the Chief shall not participate in the promotional process or in making of any appointment from the list established there from and the City Manager shall exercise all of the contractual and statutory authority of the Chief with respect to said process and appointments. If the Chief's relative is promoted,the Chief shall not participate in the probationary review of the relative under Section E of this Article,and the City Manager shall exercise all of the Chief's authority under Section E and any related statutory provision. The Chief shall not participate in any other action, which would affect the relative's promotion or probationary review, and the City Manager shall exercise all contractual and statutory authority, which the Chief would otherwise exercise in connection with any such action. "Relative" is a person related to the Chief within a degree described by Section 573.002, Government Code. 2. Transfers. This section shall take precedence over any other provisions of this Article or Agreement. If a relative of the Chief requests an inter-divisional personnel transfer, the Chief • shall not participate in the decision-making process or in making any transfer. The City Manager pursuant to General Rules Manual 1.12 shall exercise all of the contractual and statutory authority of the Chief with respect to said transfer."Relative"is a person related to the Chief within a degree described by Section 573.002,Government Code. ARTICLE 14-EMPLOYEE MANAGEMENT RELATIONS A. Labor Relations Committee. The City and the Association, having recognized that cooperation between management and employees is indispensable to the accomplishment of sound and harmonious labor relations shall jointly maintain and support a labor relations committee. The labor-management committee shall consider, discuss and recommend to the Chief any problems pertaining to the employment conditions of employees. Matters subject to the grievance procedure shall not be appropriate items for consideration by the labor-management committee. The labor management committee shall consist of the following:(1) Director of Human Resources or his/her designee; (2) The Chief or his/her designee, who shall be a police officer within the Police Department; (3)the Association President or his/her designee, who shall be a police officer from the Police Department from the Association; (4) the Association Vice-President or his/her designee, who shall be a police officer from within the Police Department from the Association; and (5) a member of the Association designated by the President who must be a police officer within the department.There shall be a written agenda of matters to be discussed.Officers desiring items placed on the written agenda shall forward the matter in writing to the Office of the Chief of Police through the President of the Association. The labor- management committee shall meet bi- • (Page 58 monthly unless mutually agreed otherwise, and a written summary report of the meeting shall be IPgenerated within thirty (30)calendar days subsequent to the meeting. B. 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 participating in the employee's defense, does not assume any obligation or liability not otherwise imposed by law, and does not expressly or impliedly waive an 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 who committed intentional acts,was grossly negligent,or reckless. 1. The police officer shall notify the City of any claim being made against such police officer not later than thirty(30)calendar days from that 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 the City in arriving at settlement agreements,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. 4. If the City Attorney undertakes to represent the employee rather than provide private counsel, he or she shall disclose to the employee any conflicts of interest between the employee and the City in the civil action. If the employee chooses not to waive the conflict of interest, the City shall retain qualified private counsel. ARTICLE 15-IMPASSE PROCEDURES Negotiations for a new contract shall commence in accordance with Chapter 174. If impasse should be reached as defined in Chapter 174, 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 Section 174.151. The mediation shall extend for fourteen(14)calendar days. If no agreement is reached through mediation,upon request of either party,the parties shall submit the dispute to one(1)Fact finder,chosen as provided herein. The Fact finder shall conduct a full and fair hearing. By agreement the parties may submit an issue or issues to the Fact finder. If no agreement is reached, each party shall be entitled to submit four (4) proposals to the Fact finder, each proposal on a distinct topic. For example, each of these constitutes a distinct topic: salary,dependent health insurance coverage,promotional procedures,and political activities.Each • party may submit its four (4) proposals and its alternatives to the other party's proposals. The 'Page 59 . hearing shall be informal and strict rules of evidence shall not apply. After hearing all evidence offered by the parties,and any evidence requested independently by the Fact finder,the Fact finder shall render a written decision making findings of fact and recommendations as to all matters in dispute. In the opinion, the Fact finder shall state his/her reasons for his/her findings of fact and recommendations. In rendering such findings and recommendations,the Fact finder shall exercise his/her independent judgment and shall not attempt to "split the difference." In making the findings of fact and recommendations, the Fact finder shall consider the following evidence submitted to him by the parties or obtained at his/her direction: the overall compensation in the current contract including direct salary and fringe benefits; the income available to the City 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(12)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 Fact finder shall occur as follows. When either party requests mediation or fact-finding,the parties may agree to choose any mediator or Fact finder or method of choosing it. If no agreement occurs within five (5) days from the request, the parties shall request a list of seven(7)neutrals from the American Arbitration Association(AAA). Upon receiving the list,the parties shall select the Mediator or Fact finder 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 seven (7) calendar days after receipt of the list from the AAA. The fee and expenses of the mediator and the Fact finder shall be split equally between the City and the Association.All other expenses,including witness fees,shall be paid by the party incurring the expense or calling the witness. If, within seven (7) calendar days after fact-finding, 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 (2) issues to the voters, each issue on one (1) distinct topic. For example, each of these constitutes a distinct issue: salary,dependent health insurance coverage,promotional procedures,and political activities. Each party will submit its two (2) issues, and its alternatives to the other party's issues, so that the voters will vote on four(4)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 absence of agreement of the • parties to the contrary, the term of the provisions adopted by the voters shall be the same as the Page 60 term of the entire contract 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 elections shall be paid by the City. The place of the respective parties on the ballot shall be determined by coin flip. An impasse referendum can be canceled at any time up to fifteen (15) calendar days prior to the election date by agreement of the parties. The Association and the City agree that during the term of Article 15, no request shall be made for submission of unresolved issues to arbitration under Chapter 174 or any other statute, charter or ordinance provision, and that any such request shall be void and ineffective. Any provision of this Article 15 may be amended by written agreement of the parties. If the impasse procedures established herein shall be held invalid by the courts, all other provisions of this Article 15 shall become ineffective,unless the parties agree in writing to continue them in effect. ARTICLE 16-POLITICAL ACTIVITIES The City may prohibit police officers from taking an active part in any political campaign of another for an elective position of the city if they are in uniform or on active duty. ARTICLE 17-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. ARTICLE 18-CLOSING CLAUSES A.The effective date of this agreement shall be the 1St day of October,2023 except as otherwise provided herein, and the agreement shall remain in effect until 11:59 p.m. on September 30,2027 and thereafter until superseded by a new agreement, whichever occurs later provided however, that in no event shall this Agreement continue in effect after September 30, 2031. B. This document constitutes the sole and complete agreement between the parties. During the term of the Contract neither party shall be obligated to bargain collectively with the other with respect to any subject; provided, this provision does not affect any obligation which may exist to negotiate a successor contract effective after the expiration of this document. The impasse procedure in Article 15 of this agreement shall be wholly inapplicable to any matter except impasse of a successful contract. C. 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 Chapter 141,142 and 143;City Charter of the City of Corpus Christi,Texas; IPage 61 ordinances of the City;Rules and Regulations of the Firefighters'and Police Officers'Civil Service 4111 Commission; and Rules and Orders of the Police Department of the City. D. 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. E. Both the City and the Association have relied upon their factual and legal understanding that the City is currently in compliance with state and federal law in the payment of straight time and overtime compensation in bargaining the wages and economic benefits under this agreement. Fiscal certainty is of the essence of this agreement to the City. In the event of any adverse judicial or agency determination finding that the City owes straight time or overtime compensation under state or federal law above that paid under past practices reflected by the City's payroll records,the City may request in writing that the parties collectively bargain in good faith for the limited purpose of resolving the impact of any adverse ruling. FOR THE CITY OF CORPUS CHRISTI, CORPUS CHRISTI POLICE TEXAS: ,-� •s OFFICERS' ASSOCIATION Date M' 2.0A3 Date . Tu-1 2.5-i Zc, a • G 0 :Manager Presiden City Negotiating Team Members: CCPOA Neg ati- : T-. Membe s: `0 a/tA0 ' . _Wrap ...011110." Amer' 4:U1am' /AOSAV1011114/ • Page 62 ATTEST: y X‘0/24 fre City Secretary APPROVED: AS Day of J-01/ , 2023. X X+ity Attorney t2.122:112...AUTHORIL BY SirIFTAUv • ( Page 63 APPENDIX"A" 110 DUES DEDUCTION AND 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 authorize the City of Corpus Christi to deduct each pay period a sum 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, or special assessment approved in accordance with the collective bargaining agreement and Association Constitution and Bylaws. 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 • (Page 64 APPENDIX "B" • TERMINATION OF DUES DEDUCTION ON 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: • 'Page 65 APPENDIX"C" • GRIEVANCE FORM City of Corpus Christi Grievance No. Employee: Immediate Supervisor: Printed name: Printed Name: Grievance must be filed within thirty (30) calendar days of its occurrence or knowledge of occurrence. Any grievance not submitted within thirty (30) calendar days shall not be considered timely and shall be void. Date of Occurrence or Knowledge of Occurrence: Date Grievance Submitted to the Association: Step 1 Association Review(Within thirty(30)calendar days of receipt of the grievance,the Association shall determine whether the grievance is valid and notify the Chief of police in writing pursuant to Step 2.) • The written grievance at Step 2 and at all steps thereafter shall contain the following information: (1) a statement of the grievance setting out the specific provision of this agreement to be interpreted,applied or enforced and the facts upon which it is based; (2)how the facts result in a violation of the agreement; (3) the remedy or adjustment sought including a clear statement of the proper interpretation, application or enforcement of this agreement;and(4)the signature of the aggrieved employee. Statement of Facts: Policy,Practice, or Contract Provision alleged to be violated: Other Individuals affected by Grievance: Remedy Sought: Grievance sent to Chief of Police this ,202_, at a.m./p.m. Date Time Grievance received by Chief/Staff Member this ,202_,at a.m./p.m. Date Time • Signature of Chief or Staff Member Page 66 1p Step 2 Chief of Police Review (The Chief of Police shall respond in writing to this grievance within sixty(60)calendar days of its receipt.If the Chief of Police does not respond within sixty(60) calendar days,the grievance shall be deemed denied and the Association may proceed to the next step.) 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. See Attached Response. • Submitted by Chief of Police this , 202_,at a.m. /p.m. Date Time Signature of Chief Grievance Committee Representative received response this , 202_, at a.m. /p.m. Date Time Signature of Grievance Committee Representative • (Page 67 • Step 3 City Manager Review (The Association may submit a written grievance from Step 2 to the City Manager within thirty (30) calendar days of receiving the Chief of Police's written response. The City Manager shall respond in writing to this grievance within thirty (30) calendar days of its receipt.If the City Manager does not respond within thirty(30)calendar days,the grievance shall be denied and the Association may proceed to the next step.) Grievance Sent To City Manager this ,202_,at a.m. /p.m. Date Time City Manager received Grievance this ,202_, at a.m./p.m. Date Time Signature of City Manager or Staff Member See Attached Response. Submitted by City Manager this , 202_,at a.m./p.m. Date Time Received by Grievance Committee Representative this ,202 ,at a.m./p.m. Date Time Signature of Grievance Committee Representative • (page 68 • Step 4 Request for Arbitration (The Association may request, within thirty (30) calendar days of the denial of Step 3,that the grievance be submitted to arbitration.) Association Elects to Proceed to Arbitration on Grievance No. Submitted to Human Resources by Association this , 202_,at a.m./p.m. Date Time Signature of Association President or Designee Human Resources received from Association this , 202 , at a.m. /p.m. Date Time Signature of Director of H.R. or Staff Member • • Page 69