HomeMy WebLinkAboutC2024-152 - 8/13/2024 - Approved AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI PROFESSIONAL
FIREFIGHTERS' ASSOCIATION
October 1, 2024 thru September 30, 2028
SCANNED
TABLE OF CONTENTS
Article 1-Preamble 5 Article 11-Overtime Pay
Article 2-Definitions 5 1. Use of"7(k)"Work Cycle in Operations 21
2. Hours Worked 21
Article 3-Recognition 7 3. "Kelly Days" 21
Article 4-Duration 8 4. Base Pay and Add Pays 21
5. Overtime Pay for Operations Fire
Article 5-Non-Discrimination Fighters 21
6. Overtime Pay for Non-Operations Fire
1. Association Membership 8 Fighters 22
2. Protected Status 8 7. Effect on Other Laws 22
Article 6-Management Rights 8 Article 12-Health&Life Insurance
Article 7-Employee Rights 1. Health Care Insurance Plan and Life
Premiums 23
1. Written Rules and Regulations 10 2. Life Insurance and Premiums 28
2. Non-Interference with Personal Lives 10 3. Corpus Christi Fire Fighters Dental Plan 29
3. Residency Requirements 10 4. Corpus Christi Fire Fighters Vision Plan ..31
Article 8-Association Rights
Article 13-Supplemental Rights&Benefits
1. Payroll Dues Deduction 10
2. President's Time Off 11 1. Uniforms 32
3. Association Activities 12 2. Mileage Allowance 33
4. Association Use of City Facilities 13 3. Meals 33
5. Association President's Access to 4. Relief 34
Department Premises 13 5. Reassignment from 40 Hr. Staff Assignment...34
6. Association Access to Fire Cadet 6. Assignment Preference Forms 34
Orientations 13 7. Station Assignment by Seniority 34
7. Firefighter Training on Agreement 13 8. Action Outside City Limits 35
9. Toxicology Reports 36
Article 9-Base Wages,Fire Fighter Classifications 10. Legal Defense of Fire Fighters 36
&Steps 11. Copies of Agreement 37
1. Fire Fighter Classifications&Steps 14 Article 14-Association Health & Benefits Trust Fund
2. Wages 15
1. Trust Creation 37
Article 10-Supplemental Pays 2. Indemnification 37
1. Certification Pay 16 3. City Payments to Trust 37
2. Assignment Pay 16
3. Temporary Duties in Higher Classification Article 15-Holidays&Holiday Pay
Pay 18 1. Recognized Holidays 37
4. Education Incentive Pay 19 2. Pay for Holiday Work 38
5. Longevity Pay 20
6. Emergency Medical Service Supervisory Article 16-Sick Leave&Sick Leave Pool
Officers 20
7. Performance Award 20 1. Accrual of Sick Leave 38
8. Bi-Weekly Pay Periods 20 2. Use of Sick Leave for Personal Illness or
9. Dog Handler Pay .20 Injury 39
10. Voluntary Wellness Program 20 3. Use of Sick Leave for Immediate Family
Member 39
4. When Physicians Statement Required 39
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5. Sick Leave Retirement Pool 39 7. Promotional Testing while on Military
6. Drag Up Pay for Unused Sick Leave 39 Leave 56
7. Drag Up Pay Rate 40 8. Life of Promotional Eligibility Lists 56
8. Catastrophic Leave... 41 9. Notification of Promotion 56
10. Promotional Examination Eligibility for Current or
Article 17-Vacation Leave Lower Rank/Classification .56
1. Accrual of Vacation Leave 43 Article 23-Grievance Procedure
2. Use of Vacation Leave for Death Not in
Immediate Family 43 1. Purpose 57
3. Drag Up Pay for Unused Vacation Leave 44 2. Initiation of Grievances 57
4. Drag Up Pay Rate for Unused Vacation 3. Grievance Procedure 58
Leave 44 4. Arbitration Procedure 59
5. Vacation Leave Buyback Program .44 5. Enforcement of Grievance/Arbitration
Procedure Time Limits 60
Article 18-Personal Leave and Military Leave 6. Arbitrator's Ruling Binding;Election
of Remedies 60
1. Personal Leave 45
2. Military Leave 45 Article 24-Appeals from Disciplinary Actions
Article 19-Injury Leave 1. Preemption 61
2. Disciplinary Actions 61
1. Line of Duty Injuries-Leaves of Absence 46 3. Disciplinary Investigations&Procedures 62
2. Definitions 46 4. Appeals of Disciplinary Actions to
3. Permanent Disability Determinations/ Arbitration 63
Reappointments 46 5. Judicial Appeals 65
4. Entitlement to Leave Upon Disability 6. Agreed Modifications of Contractual Time
Retirement 47 Periods 65
Article 20-Work Hours Article 25-Severability 65
1. Work Week and Duty Hours for Operations Article 26-Negotiation of Successor Agreement
Fire Fighters 47
2. Work Week and Duty Hours for 1. Association Negotiation Team;Paid Time
Non-Operations Fire Fighters 48 Off 66
3. Call-backs 49 2. Bargaining Period 66
3. Designated Bargaining Representatives 66
Article 21-Hiring Procedures&Probationary Period 4. Duty to Bargain in Good Faith 66
1. Standard Hiring Process 49 Article 27-Impasse Procedure
2. Alternate Hiring Procedure 50
3. Probationary Period for New Employees 51 1. Dispute Conference 67
4. Reimbursement of Training Expenses 2. Optional Mediation After Impasse 67
Upon Early Departure 51 3. Fact-Finding 68
4. Binding Arbitration 69
Article 22-Promotions 5. Resulting Successor Agreement 70
1. Promotional Examinations-Firefighter II 51
2. Promotional Examinations-Captain 52 Article 28-No Strike,No Lockout 70
3. Orientation for Firefighter II Drivers
and Captains 53
4. Corrections to Promotional Article 29-Miscellaneous
Examination Questions 53 1. Amendments to this Agreement 71
5. Notice of Promotional Exams& 2. Rulings and Records of Civil Service
Source Materials 53 Commission 71
6. Promotional Process-Battalion Chiefs& 3. Labor-Management Relations Committee 71
Competitively Selected Assistant Chiefs 53 4. Identification Cards 71
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Article 30—Drug&Alcohol Testing Appendices
1. Drug Testing Policy&Procedure 71 A-1 -DUES DEDUCTION AUTHORIZATION 81
2. Selection for Random Drug Testing 72
3. Discipline for Drug,Alcohol Violations 72
A-2-SPECIAL ASSESSMENT DEDUCTION
Article 31—Deputy Chiefs&Assistant Chiefs AUTHORIZATION 82
1. Deputy Chiefs 72
2. Assistant Chiefs 72 A-3-TERMINATION OF REGULAR OR SPECIAL
3. Number of Appointments to Deputy and
Assistant Chief 72 DUES DEDUCTION AUTHORIZATION 83
4. Salary of Deputy Chiefs and Assistant
Chiefs 73
Appendix"B"—CALL-BACK PROCEDURES 84
Article 32—Emergency Medical Services
1. Certification Requirements 73 C-1—GRIEVANCE FORM 93
2. EMS Ambulance Rotation Requirements,
Exceptions&Moratorium 75
3. Grandfather Provision 76 C-2—RESPONSE OF UNION GRIEVANCE
4. Matters Related to Failure to Obtain&Loss COMMITTEE 94
of Certification 76
5. Assistant EMS Director 76
6. Temporary Reassignments-
C-3—RESPONSE OF FIRE CHIEF 95
Firefighter II-EMS 77
Article 33—Promotional Bypasses C-4—RESPONSE OF CITY MANAGER 96
1. Involuntary Promotional Bypass 77
2. Voluntary Promotional Bypass 78 Appendix"D"—FIRE DEPARTMENT DRUG&
Article 34—Complete Agreement/Past Practice ALCOHOL POLICY 97
1. Complete Agreement 78
2. Past Practice 78
3. Limited Exception to Past Practice 79 Appendix"E"—Team Member Participants 104
Article 35—Conflict with Civil Service 79
Article 36—Concluding Provision 80
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Article 1
PREAMBLE
The following Collective Bargaining Agreement, hereinafter referred to as the "Agreement" is
made by and between the City of Corpus Christi,Texas,hereinafter referred to as the"the City",and the
Corpus Christi Professional Fire Fighters Association, also known as the International Association of
Fire Fighters, AFL-CIO-CLC, Local Union 936, hereinafter referred to as "the Association". The City
and the Association agree that the intent of this Agreement is to establish compensation, working hours
and conditions of employment for the City's fire fighters who are represented by the Association. This
Agreement also promotes and fosters the harmonious relationship between the City and the Association.
This agreement has been negotiated through the collective bargaining process pursuant to Chapter 174
of the Texas Local Government Code with the objective of serving the aforementioned purpose. Now,
therefore, in consideration of mutual promises and agreements contained herein, the parties agree as
follows:
Article 2
DEFINITIONS
The following definitions apply to terms and acronyms used in this Agreement unless a different
definition is required by the context in which the term or acronym is used.
1. "Agreement"means this collective bargaining agreement negotiated by and between the
parties.
2. "Association" means the Corpus Christi Professional Fire Fighters Association, also
known as Local 936 of the International Association of Fire Fighters, AFL-CIO-CLC. The AFL is the
American Federation of Labor. The CIO is the Congress of Industrial Organizations. The CLC is the
Canadian Labor Council.
3. "Cadet" means an individual who has been hired to fill an entry level position in the
Department but who has not yet successfully completed the Fire Academy and been certified as a fire
fighter by the Texas Commission on Fire Protection.
4. "City" or"Employer"refers to the City of Corpus Christi, Texas.
5. "City Manager"refers to the City Manager of the City of Corpus Christi, Texas.
6. "Civil Service Act"or"CSA"refers to the Fire and Police Civil Service Act,Texas Local
Gov't Code Chapter 143.
7. "Civil Service Commission" or "CSC" refers to the Fire and Police Civil Service
Commission for the City of Corpus Christi.
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8. "Civilian Employee" means an employee of the Fire Department other than the Fire
Chief and Fire Fighters.
9. "Classification" refers to the Fire Fighter classifications established by the City's
governing body pursuant to its authority under Texas Local Gov't Code §143.021. The term
classification is synonymous with Fire Fighter"ranks" such as Firefighter I, Captain, etc.
10. "Department"or"Fire Department"refers to the Corpus Christi Fire Department.
11. "EMT" means an Emergency Medical Technician who: (1) is certified as such by the
appropriate State agency, and (2) has been authorized by the Fire Department's Medical Director to
function in the City as a medical care provider.
12. "Fire Academy" means the course of instruction necessary for a Cadet to obtain basic
structural firefighting certification by the Texas Commission on Fire Protection, and to become a Fire
Fighter in the Fire Department. Cadets may also receive EMT or Paramedic training while in the Fire
Academy as required.
13. "Fire & Police Employee Relations Act" or"FPERA"refers to Texas Local Gov't Code
Chapter 174,the collective bargaining statute under which this Agreement was negotiated.
14. "Fire Chief'and/or"Chief'refers to the Fire Chief of the Corpus Christi Fire Department.
When an action requires action by or approval of the Fire Chief,he or she may delegate his/her authority
to appropriate subordinates.
15. "Fire Fighter" or "Employee" means a bargaining unit employee covered by this
Agreement.
16. "Fiscal Year" means the City's fiscal year, currently October 1 to September 30 of the
following calendar year. The City may alter the fiscal year during the term of this Agreement, but will
notify the Association in advance and provide it with an opportunity to negotiate solely to ameliorate
any adverse effects on Fire Fighters.
17. "Full Duty Fire Fighters"are those who have completed the Fire Academy,have obtained
fire certification from the Texas Commission on Fire Protection, have obtained any required EMT or
Paramedic certification,and have been assigned to an Operations or Non-Operations position in the Fire
Department.
18. "Haz-Mat Station" means a station that has been designated by the Fire Department as
such by providing the equipment, training, and capabilities to perform Haz-Mat specialized tasks above
the Operations Level, as defined by Texas Commission of Fire Protection.
19. "Member"refers to those Fire Fighters who are members of the Association.
20. "Non-Ambulance Station" is a station that does not have Firefighter II-EMS regularly
assigned and does not operate or house a first standby medic unit
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21. "Non-Operations Fire Fighters"are those assigned to a 40-hour work week.
22. "Operations Fire Fighters" are those assigned to a 24-hour work shift.
23. "Paramedic" means an Emergency Medical Technician-Paramedic who: (1) is certified
as such by the appropriate State agency, and(2) has been authorized by the Fire Department's Medical
Director to function in the City as a medical care provider.
24. "Rescue Station"means a station that has been designated by the Fire Department as such
by providing the equipment and capability to perform at least 3 of the following "Types of Rescues"
listed below at the Technician Level, as defined by NFPA 1670/1006:
TYPES OF RESCUES
• Rope
• Confined Space
• Trench
• Water Rescue
• Vehicle Extrication
• Structural Collapse
25. "Single Company Ambulance Station"means a station that has one fire suppression
apparatus and one ambulance.
26. "Supervisor"refers to a Fire Fighter in the rank of Fire Captain or above.
27. "Water/Boat Rescue Station"means a station that has been designated by the Fire
Department and Fire Chief as such by providing the Station with a motorized vessel registered with the
Texas Department of Parks and Wildlife.
Article 3
RECOGNITION
The City recognizes the Association as the exclusive bargaining agent for a bargaining unit
consisting of all Fire Fighters. The bargaining unit does not include the Fire Chief, Civilian Employees,
and Cadets.
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Article 4
DURATION
This Agreement was negotiated between the City and Association Team Members, identified in
Appendix"E" and shall be effective as of October 1, 2024 and shall remain in full force and effect until
September 30,2028, and thereafter until replaced by a successor agreement reached either through good
faith bargaining or use of the Impasse Procedure set forth in Article 27 of this Agreement.
Article 5
NON-DISCRIMINATION
Section 1. Association Membership.
Neither the City nor the Association, in negotiating, administering,or enforcing this Agreement,
will discriminate against any Fire Fighter because of his/her membership or non-membership in the
Association.
Section 2. Protected Status.
Neither the City nor the Association, in negotiating, administering, or enforcing this Agreement,
will discriminate against any Fire Fighter because of race,color,disability,religion,sex,national origin,
age, sexual orientation, or other legally protected status.
Article 6
MANAGEMENT RIGHTS
Except as specifically modified by the terms of this Agreement pursuant to Chapter 174 of the
Texas Local Government Code,the City retains and does not waive or restrict any and all management
rights, functions and authority not otherwise abridged, controlled or qualified by applicable law,
including the U. S. and Texas Constitutions, federal and state statutes (including specifically the Civil
Service Act), the City Charter, local ordinances and resolutions. This means the City has and will
continue to retain,regardless of the frequency of exercise,rights to operate and manage its affairs in each
and every respect except as restricted by this Agreement and applicable law.
These rights retained by the City shall include, but shall not be limited to, the right:
(1) To exercise control and determine the organization, operations and purpose of City
Government and the Fire Department and to manage its affairs in all respects, including but
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not limited to managerial, fiscal, budgetary, economic, organizational, operational,
community, statutory, legal and other needs;
(2) To set standards for service to be offered to the public;
(3) To determine the amount of supervision necessary;
(4) To organize and reorganize the Fire Department in any manner it chooses, including but not
limited to the size and composition of the Fire Department and the determination of job
classifications, duties assigned to each classification, number of classifications and number
of fire fighters within each classification;
(5) To establish,modify, combine or abolish job positions, descriptions and classifications;
(6) To assign and allocate work, duties and overtime to Fire Fighters;
(7) To establish, modify or change work schedules, staffing of apparatus, and numbers of
apparatus in the main or reserve fleet;
(8) To transfer work from one Fire Fighter position to another;
(9) To transfer Fire Fighters to other stations;
(10) To determine safety, health and property protection measures for Fire Fighters and the Fire
Department;
(11) To hire, examine, classify,promote,train, and schedule employees in positions with the City
and the Fire Department;
(12) To suspend, demote, discharge, or take other disciplinary action against employees for just
cause;
(13) To relieve Fire Fighters from duties because of lack of work or funds or other reasons;
(14) To determine the location, methods, means and personnel by which operations are to be
conducted, including but not limited to the right to determine whether goods or services are
to be made, provided or purchased;
(15) To add, change or eliminate existing methods of operation, equipment or facilities;
(16) To establish, implement and maintain an effective internal security program;
(17) To determine, establish, create, modify, enforce or delete departmental rules, standard
operating procedures (S.O.P.'s),policies, orders and regulations;
(18) To determine, establish or modify policies affecting selection and training of Fire Fighters;
(19) To communicate with employees and the public and maintain public awareness;
(20) To contract or subcontract out work as allowed by law; and
(21) To use non-sworn personnel in any manner allowed by the CSA and any other applicable
law.
The City's exercise of its retained management rights and authority is not subject to challenge through
the grievance procedure but will not be used as a basis to refuse to arbitrate a grievance alleging violation
of a specific term of this Agreement.
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Article 7
EMPLOYEE RIGHTS
Section 1. Written Rules and Regulations.
The City recognizes its responsibility to reduce Standard Instructions, rules, regulations and
standing orders to writing and to maintain the same at each station in order to achieve a uniform
interpretation and application of such directives and regulations. However,the parties acknowledge that
job descriptions cannot specifically describe every operations duty required of a position,but instead are
simply general guidelines rather than specific descriptions of all duties that employees are required to
perform.
Section 2. Non-Interference with Personal Lives.
The City will not publish, make or enforce any regulations or directives that will interfere with
the personal lives or off-duty activities of Fire Fighters, except to the extent that such regulations are
related to their employment. This section will not supersede the rules and regulations of the Civil Service
Commission.
Section 3. Residency Requirements.
Fire Fighters may reside outside the city limits but shall reside in a location from which they are
able to reach City Hall within sixty (60) minutes traveling by automobile at posted speeds in ordinary
weekday traffic. The Chief, in his/her discretion, may waive this requirement on a case-by-case basis.
Article 8
ASSOCIATION RIGHTS
Section 1. Payroll Dues Deductions.
A. The Association shall supply the City with all necessary papers and information for
payroll deduction of dues and assessments. Such dues or assessments shall be deducted in the amount(s)
authorized by the individual employee and the Association.
B. The City agrees to deduct Association dues from a Member's pay upon receipt of a"Dues
Deduction Authorization" form voluntarily and individually authorized, signed, and dated by the
Member. The Member's authorization shall remain in effect until terminated by either the Member or
the Association. The form to be used for this purpose is set forth in Appendix"A-1"to this Agreement.
The City shall begin dues deductions from a Member's pay in the pay period following receipt of the
"Dues Deduction Authorization."
C. The City agrees to deduct special assessments from the pay of all Members of the
Association upon receipt of official written notification from the Association President indicating that
said special assessment has been approved and ratified by a majority vote of the Association members.
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The form to be used for this purpose is set forth in Appendix "A-2" to this Agreement. The City may
invoice the Association in the amount of$50.00 per month to be invoiced by the City on a monthly basis
during the period of the special assessment. If the special assessment is a "one time" assessment, the
City may invoice the Association in the amount of the actual administrative costs for the "one time"
assessment. The City is not responsible for the administration and procedures used by the Association
in the election for,collecting,distributing or return of any special assessment monies and the Association
shall indemnify the City for any claims with regards to the special assessment. The special assessment
ballot shall state the type of assessment, the amount of the assessment, the designated period of the
assessment and the date and manner of the reimbursement, if any.
D. An Association Member may revoke his/her authorization for dues deductions at any time
by individually providing the City with a signed and completed"Termination of Regular or Special Dues
Deduction Authorization" form. The form to be used for this purpose is set forth in Appendix"A-3" to
this Agreement. The City shall terminate dues deductions from the Member's pay in the pay period
following its receipt of the form. The City will provide a copy of the signed form to the Association's
Secretary-Treasurer.
E. The City is obligated to remit to the Association only those authorized sums deducted as
dues and special assessments from the Association members' paychecks. The City will not be liable for
damages allegedly caused to the Association,its Members,or other persons by its deduction of,or failure
to deduct, authorized sums for any reason and the Association shall indemnify the City for any claims
with regards to deductions or special assessments.
Section 2. President's Time Off.
A. Upon election, and in each December thereafter, the Association President may choose
to be relieved of duty for the following calendar year to perform Association duties. The Association
President will provide the Fire Chief with written notice of his/her decision within two weeks after
election, and thereafter by December 20 for each subsequent calendar year. The Association President
may change his/her election only once during that calendar year. If the Association President chooses
to be relieved of duty,each Fire Fighter(excluding cadets)will donate his/her pro rata share of sick leave
that would cover the base salary the Association President is entitled to receive which will continue to
be paid by the City. That amount will be determined by the City pursuant to the formula below every
July 1. The hours will be deducted the first pay period in August of each year. The period during which
the Association President is relieved of duty shall not constitute a break in service, and he/she shall be
entitled to return to his/her rank upon completion of service as full-time President. In the event the
Association President elects to return to duty, the City will reimburse the Sick Leave time back to each
Firefighters Sick Leave bank, if after August 1st, on a pro-rata basis. In the event of an emergency, the
Chief may order the Association President to report for duty as assigned by the Chief.
B. Formula. The formula to determine the amount of sick leave to be deducted from Fire
Fighters is as follows and excludes cadets:
Sum of all salaries/Number of Fire Fighters (excluding cadets)=Average Salary
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Average Salary/2080=Employee Average Hourly Rate
(President's base salary/Employee Average Hourly Rate)/Number of Fire Fighters (excluding
cadets) =Hours to be deducted rounded to the nearest half(0.5)
C. Provisional Position. If the President elects to be relieved of duty for the following calendar
year, the Fire Chief shall request that a provisional position be added at the President's rank for the
remainder of the year(s) in which this occurs. This provisional position will be filled according to the
promotional process contained within this agreement. That request may be granted or denied, by City
Council,based on the needs and budgetary constraints of the Fire Department and the City.
If the President changes their election or elects to return to duty for the following calendar year, the
firefighter most recently promoted in the president's rank will remain in the provisional position until a
vacancy is created at that rank, in which case the position will be filled by the provisional position ahead
of any eligibility list.
If the President's successor is of a different rank, a provisional position will not be requested by the Fire
Chief until the original provisional position has been removed by filling of a vacancy. The Department
will utilize only one provisional position at a time in relation to this section.
Nothing in this section shall be construed to divest or otherwise limit the City's right to implement a
reduction in force, as authorized in Section 143.085 of the Civil Service Act. However, if the City
implements a reduction in force rather than creating a provisional position, any resulting reinstatement
lists will remain in effect for two (2)years unless earlier exhausted.
Section 3. Association Activities.
A. Committee Meetings. With advance permission from the Fire Chief or his/her
designated representative, which will not be unreasonably denied, the Association may schedule small
committee meetings on Fire Department property to conduct Association business. Such meetings must
be in compliance with any City and Fire Department Policies and must not disrupt the duties of
employees or the efficient operation of the Fire Department.
B. Fund Raising Activities. With advance permission from the Fire Chief or his/her
designated representative,which will not be unreasonably denied,the Association and its members may
conduct voluntary fund raising activities for things such as the MDA, cancer awareness, and the United
Way, during working time and at their work location, provided the conduct of such business complies
with any City and Fire Department Policies and does not interfere with their duties as employees or the
efficient operation of the Fire Department.
C. Educational Leave. Fire Fighters shall be granted reasonable unpaid leaves of absence
to attend fire schools, conventions, or meetings designed to increase Department efficiency and/or to
better employees' working conditions,provided that there remains a sufficient number of employees to
carry out the Department's normal functions.
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D. Convention Delegates.The Association President and up to three(3)elected Association
delegates shall all be allowed three(3)paid shifts off per year to attend a convention of the Association's
state and/or national parent organizations. In addition, any Fire Fighter who is elected to the Executive
Board of the Association's state or national parent organizations shall be allowed three (3) paid shifts
off per year to attend such state and national conventions. Any delegate leave days provided for in this
paragraph and not used for attendance at the Association's national and state conventions,may,upon the
Association's request,be used for attendance at seminars or training sessions approved by the Fire Chief
during each year of the contract term.
E. Association Meetings. In any year the Association President chooses not to be relieved
of duty, he or she (or his/her designee) will be provided with four(4) hours paid leave to attend each of
eight(8)regularly scheduled Association meetings per fiscal year.
F. Pension Board Meetings. Three (3)pension trustees will each be allowed three (3)paid
shifts off per calendar year to attend any state or national pension seminar approved by the Fire Chief.
However,the City will not reimburse related travel expenses, food or lodging.
Section 4. Association Use of City Facilities.
City facilities that are made available to private organizations shall be made available to the
Association on the same basis they are made available to other nonprofit organizations.
Section 5. Association President's Access to Department Premises.
With prior notification to and approval by the Fire Chief,which will not be unreasonably denied,
the Association President or his/her designee shall have access to Fire Department premises to administer
this Agreement. The timing and manner of such visits shall be conducted so as to avoid interference with
the functions of the Fire Department and shall be in compliance with all City and Fire Department
Policies.
Section 6. Association Access to Fire Cadet Orientations.
A. Neither the City nor the Association will attempt to use the Fire Department Academy
training to solicit or discourage Association membership.
B. An Association representative and City representative will jointly present Fire Academy
training to each Cadet Class on Association, City and employee rights and duties under this Agreement.
Section 7. Fire Fighter Training on Agreement.
All Fire Fighters will be provided with on-duty training and/or orientation concerning the rights
and obligations of the City, Association, and Fire Fighters under this Agreement.
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Article 9
BASE WAGES,FIRE FIGHTER CLASSIFICATIONS & STEPS
Section 1. Fire Fighter Classifications & Steps.
A. Current Classifications & Steps. The current classifications and the seniority steps
within such classifications, for the Fire Department are as follows:
1. Cadet: Step 1 (entry level)
Step 2 (12 months in rank—approx. 4% step)
2. Firefighter I: Step 1 (entry level)
Step 2 (6 months in rank—approx. 3.25% step)
Step 3 (18 months in rank—approx. 3.25% step)
Step 4 (30 months in rank—approx. 3.25% step)
Step 5 (84 months in rank—approx. 3.25%)
Step 6 (120 months in rank—approx. 3.25% step)
In order to qualify for the 120 month step, a Firefighter I must have 120 months
of service in the Corpus Christi Fire Department, not including time as a Cadet,
and hold a current Advanced Structure Fire Protection Personnel Certification
from the Texas Commission on Fire Protection or an EMS certification of EMT-
B or higher, as required by this Agreement.
3. Firefighter II: Step 1 (entry level)
Step 2 (6 months in rank—approx. 3.25% step)
Step 3 (18 months in rank—approx. 3.25% step)
Step 4 (30 months in rank—approx. 3.25% step)
Step 5 (84 months in rank—approx. 3.25%)
Step 6 (120 months in rank—approx. 3.25% step)
4. Fire Captain: Step 1 (entry level)
Step 2 (6 months in rank—approx. 3.25% step)
Step 3 (18 months in rank—approx. 3.25% step)
Step 4 (30 months in rank—approx. 3.25% step)
Step 5 (84 months in rank—approx. 3.25%)
Step 6 (120 months in rank—approx. 3.25% step)
5. Battalion Chief: Step 1 (entry level)
Step 2 (6 months in rank—approx. 3.25% step)
Step 3 (18 months in rank—approx. 3.25% step)
Step 4 (30 months in rank—approx. 3.25% step)
Step 5 (84 months in rank—approx. 3.25%)
Step 6 (120 months in rank—approx. 3.25% step)
B. Re-Opener Clause. The Parties acknowledge and agree that this Agreement does not
waive the City's right under Texas Local Gov't Code §143.021 to establish, by ordinance, the
classifications within the Fire Department, and the number of positions within those classifications.
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Therefore, the current classifications and the numbers within those classifications adopted may be
subject to change. However, should the City change the current classifications, it agrees to provide the
Association with advance notice and an opportunity to reopen negotiations only to address changes, if
any, that reclassification would have on base wages, step salaries, eligibility for promotion, and other
subjects that are proper for collective bargaining negotiations. Should such negotiations result in an
impasse, the parties agree to use the Impasse Procedure specified in Article 27 to resolve the impasse.
Any change will be implemented only after bargaining is completed and an agreement reached.
Section 2. Wages
A. Commencing on October 1, 2024, the applicable monthly pay rates for the current
classifications and steps within the Department will receive the following percentage pay raises on the
following dates:
Title Start 6mos 12mos 18mos 30mos 84mos 120mos
10/1/2024 Cadet 3,883 4,050
7%to cadet and 4,963 5,124 5,290 5,462 5,640 5,823
FFI Start then Firefighter I
3.25% per step Firefighter II 5,852 6,043 6,239 6,442 6,651 6,867
and 0.5% Fire Captain 6,902 7,126 7,357 7,597 7,843 8,098
between ranks Batt. Chief 8,139 8,403 8,676 8,958 9,250 9,550
Title Start 6mos 12mos 18mos 30mos 84mos 120mos
10/1/2025 Cadet 4,000 4,171
3% Firefighter I 5,112 5,278 5,449 5,626 5,809 5,998
Firefighter II 6,028 6,224 6,426 6,635 6,851 7,073
Fire Captain 7,109 7,340 7,578 7,824 8,079 8,341
Batt. Chief 8,383 8,655 8,937 9,227 9,527 9,837
Title Start 6mos 12mos 18mos 30mos 84mos 120mos
10/1/2026 Cadet 4,160 4,338
4% Firefighter I 5,316 5,489 5,667 5,851 6,042 6,238
Firefighter II 6,269 6,473 6,683 6,900 7,125 7,356
Fire Captain 7,393 7,633 7,881 8,137 8,402 8,675
Batt. Chief 8,718 9,002 9,294 9,596 9,908 10,230
Title Start 6mos 12mos 18mos 30mos 84mos 120mos
10/1/2027 Cadet 4,326 4,512
4% Firefighter I 5,529 5,708 5,894 6,085 6,283 6,487
Firefighter II 6,520 6,732 6,950 7,176 7,410 7,650
Fire Captain 7,689 7,939 8,197 8,463 8,738 9,022
Batt.Chief 9,067 9,362 9,666 9,980 10,305 10,639
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A Firefighter I who is currently at the 30-, 84-, and 120-month steps on October 1, 2024 shall receive a
stipend of$2,000. In addition, any Firefighter I who achieves the 30-month step before April 1, 2026
will also receive a one-time stipend of$2,000 when they reach such step.
Article 10
SUPPLEMENTAL PAYS
Section 1. Certification Pay.
Fire Fighters who possess the below-listed certifications from the appropriate State Agency
shall receive monthly certification pay in the amounts indicated below:
Intermediate Fire Certification $50 per month
Advanced Fire Certification $75 per month
Master's Fire Certification $125 per month
Certified EMT $35 per month
Certified Paramedic $100 per month
Fire Prevention Insp. $35 per month
Fire Investigator $50 per month
Arson Investigator $75 per month
Basic Instructor $35 per month
Intermediate Instructor,
Advanced Instructor or
Master Instructor $75 per month
Section 2. Assignment Pay.
a. Operations Assignments
1. Specialty Station Assignment Pay
Firefighters who are regularly assigned to a designated Haz-Mat Station, Rescue Station,
or Water/Boat Rescue Station, as defined in Art. 2 of this agreement shall receive
Specialty Station Assignment Pay at a rate of$125.00 per month. Starting October 1,
2026, this rate of pay shall increase to $150.00 per month. Firefighters eligible for this
pay shall only be allowed one monthly payment under this subsection regardless if a
station they are assigned to has multiple designations.
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Certification and Training Requirements
Firefighters receiving Haz-Mat Station Assignment Pay must obtain Haz-Mat Technician
Level Certification within 180 days of assignment. The City agrees to provide the Haz-
Mat Technician Level Course within 180 days after assignment if the Firefighter is not
already Haz-Mat Technician Level Certified. If the City fails to provide the above
referenced course within 180 days after assignment, the Firefighter will continue to
receive Haz-Mat Station Assignment Pay until such time as the City provides the course.
Additionally, if the City does provide the Haz-Mat Technician Level Course within the
180 day period referenced above,or after,and the Firefighter fails to make himself/herself
available to take the course or fails to pass and obtain the Technician Level Certification,
then he/she will no longer be entitled to receive Haz-Mat Station Assignment Pay until
he/she becomes Haz-Mat Technician Level Certified. Failure to meet this requirement
may result in reassignment by the Fire Department to a different station.
Firefighters who receive Rescue Station Assignment Pay must obtain Technician Level
training in Ropes, Confined Space, and Vehicle Extrication Rescue, and in one of the
other "Types of Rescues" outlined in Art. 2 of this Agreement within 365 days of
assignment. The City agrees to provide Technician Level training within 365 days after
assignment if the Firefighter is not already certified. If the City fails to provide the above
referenced training courses within 365 days after assignment,the Firefighter will continue
to receive Rescue Station Assignment Pay until such time as the City provides the
courses. Additionally, if the City does provide the Technician level training courses
within the 365 day period referenced above, or after, and the Firefighter fails to make
himself/herself available to take the courses, then he/she will no longer receive Rescue
Station Assignment Pay until he/she meets the requirements listed above. Failure to meet
this requirement timely,may result in reassignment by the Fire Department to a different
station. Certifications may be obtained either by Department lead courses or by
Department approved third-party courses.
Firefighters who receive Water/Boat Rescue Station Assignment Pay must complete the
department-specified training required to operate the watercraft and water rescue tasks.
The City agrees to provide Water/Boat Rescue training within 365 days after assignment
if the Firefighter is not already certified. If the City fails to provide the above referenced
training courses within 365 days after assignment,the Firefighter will continue to receive
Rescue Station Assignment Pay until such time as the City provides the courses.
Additionally,if the City does provide the Water/Boat Rescue level training courses within
the 365 day period referenced above, or after, and the Firefighter fails to make
himself/herself available to take the courses, then he/she will no longer receive Rescue
Station Assignment Pay until he/she meets the requirements listed above. Failure to meet
this requirement timely,may result in reassignment by the Fire Department to a different
station.
2. Daily Ambulance Assignment
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0 to 3 years of eligible ambulance duty $25 per shift worked
4 to 8 years of eligible ambulance duty $35 per shift worked
More than 8 years of eligible ambulance duty $45 per shift worked
Firefighter IUEMS Assignment
5 to 9 years $50 per month
or
10 years and greater $100 per month
3. Driver/Operator Assignment Pay
Firefighter II - Engineers with a Texas Commission of Fire Protection Driver-Operator
Certification that are assigned to an Operations 54-hour work week and regularly
assigned to drive an apparatus shall receive $60.00 per month.
b. Staff Assignments. Individuals regularly assigned to forty (40) hour week jobs will receive
Assignment Pay in the amounts indicated:
0-3 years $225 per month
4-5 years $275 per month
6 or more years $300 per month
Section 3. Temporary Duties in Higher Classification Pay.
A Fire Fighter who is temporarily required to perform the duties of a higher classification for a
continuous period of four (4) or more hours during any shift shall be paid temporary duties in higher
classification pay as follows:
Acting Fire Fighter II $40 per shift
Acting Captain $50 per shift
Acting Battalion Chief $60 per shift
Acting Assistant Fire Chief $70 per shift
Temporary duties in higher classification pay shall not be considered as a component of salary or
compensation for purposes of drag up pay, leave sell back or overtime.
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This section is intended to totally pre-empt the requirements of Texas Local Gov't Code §§141.033(b)
and 143.038(b) as they pertain to the payment for temporary performance of higher classified duties.
Section 4. Education Incentive Pay.
1. Limitations.
a. In order to receive Educational Incentive Pay, a Fire Fighter must have:
i. semester hour(s) earned from an accredited college or university; or
ii. a degree earned from an accredited college or university; and
iii. successfully completed his/her probationary period.
b. Education Incentive Pay under this Article shall not be considered as a component
of salary or compensation for purposes of drag up pay or leave sell back.
c. The addition of other compensable areas of study under this section shall not expand
the practice of payment of expenses or provision of textbooks or materials to such
other areas of study as presently provided for an Associate Degree in Applied Science
for Fire Science at Del Mar College.
2. Educational Incentive Pay Amounts.
a. Payment. The Fire Fighter will commence receiving the appropriate amount the first
pay period following presentation of a copy of his/her degree to the City's Human
Resources Department.
b. Semester Hours. Fire Fighters shall be eligible for educational incentive pay at the
monthly rate of $1.00 per month for each academic semester hour satisfactorily
completed provided that such hours are applicable toward a degree. In no event will
more than $71.00 per month be paid without successful completion of the
requirements and the receipt of an Associate Degree.
c. Degrees. If the employee is attending an upper level college, he/she 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.
i. Associate Degree. All approved hours above the Associate Degree will be
eligible for educational pay at this rate up to an additional $53.00 per month
or a combined total of$124.00 per month.
ii. Bachelor's Degree. Successful completion of the requirements and receipt
of a Bachelor's Degree will qualify the employee for a maximum of$135.00
per month.
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iii. Master's Degree. 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 an additional$16.00 per month
for a maximum combined total of an additional $36.00 per month on a
Master's Degree.
Section 5. Longevity Pay.
Effective the first full pay period after the adoption of this Agreement, Longevity Pay shall be
$12.50 per month for each complete year of service up to a maximum of twenty-five (25) years of
service. This pay increase shall not be retroactive, meaning there will be no backpay.
Section 6. Emergency Medical Service Supervisory Officers.
Emergency Medical Service supervisory officers, with the exception of the Assistant EMS
Director,who are assigned such duties by the Chief shall receive$150 per month paramedic certification
pay in lieu of the paramedic certification pay provided for in Section 1 of this Article.
Section 7. Performance Award.
In November of each year of this Agreement, all non-Probationary Fire Fighters will receive a
$150.00 lump sum performance award. Performance awards shall not be considered as a component of
salary or compensation for purposes of drag up pay, leave sell back or overtime.
Section 8. Bi-Weekly Pay Periods.
Base wages authorized by Article 9, and supplemental pays authorized by this Article, will be
paid on a bi-weekly basis during the life of this Agreement.
Section 9. Dog Handler Pay.
Any Firefighter who is charged with the responsibility for and is assigned a dog by the Corpus
Christi Fire Department to be used in arson investigation functions shall be compensated at the rate of
one half(0.5) hours of overtime pay each day, including vacation time, sick leave, compensatory time,
and personal leave. The parties agree that an accurate computation of hours of work caring for an arson
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 an arson dog is retired(taken
out of service by the City)the Fire Chief shall award the arson dog to the firefighter if the firefighter so
desires. The City shall have no further obligation for the care, maintenance, and support of the arson
dog.
Section 10. Voluntary Wellness Program
1. The Fire Chief and the Association may mutually agree in writing to adopt a Voluntary
Firefighter Wellness program, adjusted for age and gender.
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2. The City,at its sole discretion,may offer incentives,either in pay or leave time,if the Association
mutually agrees in writing.
3. If the City and Association agree to establish a firefighter wellness program, this program will
also include a cancer screening initiative and distribution of nutrition and fitness information
during in-service training.
Article 11
OVERTIME PAY
Section 1. Use of"7(k)" Work Cycle in Operations.
During the term of this Agreement, the Department will continue to use a so-called"7(k)"work
cycle of 27 days (nine 24-hour shifts) for Fire Fighters assigned to Operations. The "7(k)" cycle is
described in the FLSA, and more specifically, in 29 U.S.C. §207(k). The number of hours scheduled in
one work cycle for Operations Fire Fighters will be 216 hours,or 192 hours in a work cycle that contains
the Fire Fighter's Kelly Day.
Section 2. Hours Worked.
For purposes of determining entitlement to Cycle Overtime Pay, any leave hours and Kelly Days
will not count as actual hours worked.
Section 3. "Kelly Days."
A"Kelly Day"is defined as a 24-hour work shift off. Each Fire Fighter who works an Operations
schedule will receive one Kelly Day per quarter. However, a Fire Fighter who is absent from work for a
full calendar quarter (January-March, April-June, July-September, or October-December) will receive
no Kelly Day for that quarter. Kelly Days will not count as time actually worked for Cycle Overtime.
Section 4. Base Pay and Add Pays.
For purposes of this Article, a Fire Fighter's Base Pay is the salary provided under Article 9, §2
of this Agreement. A Fire Fighter's Add Pays to be used in calculating overtime pay include Longevity,
Certification Pay,Educational Incentive Pay,Assignment Pay,EMS Supervisory Officer Pay, and EMS
Assistant Director Pay.
Section 5. Overtime Pay for Operations Fire Fighters.
A. Cycle Overtime Pay."Cycle hours"are an Operations Fire Fighter's regularly scheduled
hours of work during a 7(k) work cycle. Fire Fighters will receive Cycle Overtime Pay for hours in
excess of 204 hours actually worked during a 7(k)work cycle calculated as follows:
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1. [Annual Base Pay+Annual Add Pays] _26=Pay Period Pay (PPP).
2. PPP- 80=Cycle Rate
3. PPP_ 108 =Dock Rate
4. [Cycle Rate x 1.5] —Dock Rate=Cycle OT Rate
5. [Cycle OT Rate] x [hours over 204] =Cycle OT Pay
B. Overtime Pay for Holdover & Call-back Hours. Fire Fighters will receive Overtime
Pay for hours worked outside their scheduled work hours. When off-duty Fire Fighters are called to
return to duty, or are subpoenaed to give testimony in court about matters related to their employment,
they will be paid from the time called to report to duty, and will be paid for the actual time worked, or
for three(3)hours,whichever is greater. Overtime pay under this provision will be calculated as follows:
1. [Annual Base Pay +Annual Add Pays] -26 =Pay Period Pay (PPP).
2. PPP_90=Hourly Rate
3. [Hourly Rate] x 1.5 =Overtime Rate
4. [Overtime Rate] x [Overtime hours] = Overtime Pay
Section 6. Overtime Pay for Non-Operations Fire Fighters.
Fire Fighters who are in Training, Prevention, or work a 40-hour work-week will receive
Overtime Pay for hours actually worked outside their scheduled work hours.When off-duty Fire Fighters
are called to return to duty, or are subpoenaed to give testimony in court about matters related to their
employment,they will be paid from the time called to report to duty, and will be paid for the actual time
worked,or for three(3)hours,whichever is greater. Overtime pay under this provision will be calculated
as follows:
1. [Annual Base Pay+Annual Add Pays] _26=Pay Period Pay (PPP).
2. PPP_ 80=Hourly Rate.
3. [Hourly Rate] x 1.5 =Overtime Rate
4. [Overtime Rate] x [Overtime hours] =Overtime Pay
Section 7. Effect on Other Laws.
A. FLSA. The parties acknowledge that the provisions of this Article differ from the
requirements of the FLSA, 29 U.S.C. §201 et seq., and intend that any premium pay required by this
Article that is more than what is required by the FLSA be offset against any unpaid liability due under
the FLSA for that same work period.
B. State Law.To the extent that the requirements of this Article differ from the requirements
of State law, including but not limited to Texas Local Gov't Code §142.0015,this provision governs.
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Article 12
HEALTH & LIFE INSURANCE
Section 1. Health Care Insurance Plan and Life Premiums.
A. Health Care Plans. During the term of this Agreement, the City shall provide health
care coverage for Firefighters and their dependents. One plan will be offered called the Fire Consumer
Driven Healthcare Plan. The Plan is outlined below as follows, Firefighters may only elect
participation in the plan which must be done during the City's Open Enrollment period or at the time
of a Qualifying Event as defined by IRS Regulation, also included in plan summary description.
B. Fire Consumer Driven Health Plan(CDHP)with Health Savings Account
Election of the Fire CDHP with HSA can only be made at the time of hire or during the open
enrollment period, or during a Qualifying Event as defined by IRS Regulation, and included in the
plan summary.
1. Premiums for Fire CDHP with HSA. Bi-weekly premium costs for Fire Consumer
Driven Health Plan as on the effective date of this Agreement are as follows:
Employee Cost City Cost
Employee $0 $330.92
Employee & Spouse $133.44 $576.56
Employee & Children $104.01 $528.42
Employee & Family $222.18 $721.80
THESE ARE CURRENT RATES ONLY AND ARE SUBJECT TO CHANGE AT ANY
TIME VIA THE PROCEDURE OUTLINED IN THIS SECTION 1, SUBSECTION D OF THIS
ARTICLE.
During the term of this Agreement, the City shall pay 100% of the employee's premiums and
50% of the premium for dependent coverage towards the Fire CDHP or any successor plan. Premium
rates shall be determined using the agreed methodology described in this Agreement.
The City shall notify the Association in writing of premium increases with a minimum of sixty
(60) calendar days' written notice of any change, and of health plan changes with a minimum of thirty
(30) calendar days' written notice of any change. The City and Association shall meet, within a
reasonable time,upon the Association's request to discuss any premium and/or health plan changes prior
to such increases or changes taking effect.
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2. Plan Structure for Fire CDHP
FIRE CONSUMER DRIVEN HEALTH PLAN WITH
HEALTH SAVINGS ACCOUNT
THIS IS A SUMMARY ONLY,PLAN DOCUMENT WILL GOVERN
IN NETWORK
BENEFITS OUT-OF-NETWORK
(Participating Providers)
PLAN YEAR DEDUCTIBLE $3,200 Per Individual $3,200 Per Individual
$6,000 Max Family $6,000 Max Family
Primary Care Physician Visit Deductible, then 0% Co-Deductible, then 0% Co-
Insurance Insurance
Annual Wellness Visit Deductible, then 0% Co-
(Preventative) $0 Insurance
MDLIVE Virtual Visit $10 co-pay N/A
Employee Wellness Clinic $20.00 office visit N/A
$15.00 if labs are needed
CVS Minute Clinic Deductible,then Deductible,then
0% Co-Insurance 0% Co-Insurance
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Specialist Office Visit Deductible,then Deductible,then
0% Co-Insurance 0%Co-Insurance
Basic Lab & Radiology Deductible,then Deductible,then
0% Co-Insurance 0% Co-Insurance
Major Lab & Radiology Deductible,then Deductible,then
(MRI/CT/PET) 0% Co-insurance 0% Co-Insurance
Urgent Care Visit Deductible then Deductible,then
0%Co-Insurance 0%Co-Insurance
Emergency Room Services Deductible then Deductible,then
0% Co-Insurance 0% Co-Insurance
Hospitalization Deductible then Deductible,then
0% Co-Insurance 0% Co-Insurance
Co-Pays: Co-Pays:
(Copays are for IRS-approved (Copays are for IRS-approved
preventive formulary preventive formulary
Retail Prescriptions medications only. For all other medications only. For all other
(CVS Caremark is preferred medications,you must pay the medications,you must pay the
vendor) deductible, then 0%) deductible, then 0%)
$0—Generic $0—Generic
$20—Preferred Brand $20—Preferred Brand
$40—Non-Preferred Brand $40—Non-Preferred Brand
Prescriptions Co-Pays: Co-Pays:
CVS Caremark (Copays are for IRS-approved (Copays are for IRS-approved
Mandatory Mail Order preventive formulary preventive formulary
90 Da Supply of medications only. For all other medications only. For all other
y pp y medications,you must pay the medications,you must pay the
Maintenance Prescriptions deductible, then 0%) deductible, then 0%)
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$0—Generic $0—Generic
$40—Preferred Brand $40—Preferred Brand
$80—Non-Preferred Brand $80—Non-Preferred Brand
Out-Of-Pocket Cost
Including Co-Pays &
Deductibles $3,200 Per Individual $3,200 Per Individual
(Co-Pay to Employee Wellness $6,000 Max Family $6,000 Max Family
Clinic will not be applied
towards deductible or Out-Of-
Pocket Cost)
All in-network co-pays, except for Employee Wellness Clinic, count toward the annual (embedded)
deductibles. Eligible in-network preventive drug expenses are not subject to the deductible.
3. Fire CDHP Health Savings Account(HSA)
The City will contribute $1,600 at the beginning of each fiscal year to a Firefighter's Health
Savings Account (HSA), if the employee is eligible under IRS regulations to receive such contribution
and the employee is enrolled in the Fire CDHP under an Employee Only Election. If the Firefighter is
enrolled in the Fire CDHP in any other Plan Tier Level, then the City will contribute $2,600 at the
beginning of each fiscal year to a Firefighter's HSA,if he/she is eligible under IRS regulations to receive
such contribution. A Firefighter who enrolls into the Fire CDHP at any time after the Fiscal Year begins
due to a Qualifying Event will receive a pro-rated HSA for the remaining part of that Fiscal Year.
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.
On October 1, 2024, as part of a one-time additional contribution, the City shall contribute.an
additional $2,000.00 into the HSA account for those Firefighters who choose to enroll into the Fire
CDHP during the City's open enrollment period for Fiscal Year 2024-2025. Firefighters who are
enrolled in the Fire CDHP prior to the execution of this agreement, will not receive this contribution
until January 1, 2025. These contributions will be made only if the employee is eligible under IRS
regulations to receive such contribution. This additional one-time contribution will be funded through a
portion of the unrestricted Fund Balance.
4. 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
26
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 Fire CDHP or whatever health care plan is in place for Fire. 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 changes to the Plan which are minimally necessary to ensure that the City
and the Fire CDHP are not subject to any penalties and excise taxes and to ensure that the Plan complies
with any Federal and State Laws.
C. OPEB Liability Requirements and Fund Balance Elements
Due to increased OPEB Liability, any future liability funding requirements will be managed through
City's portion of Fund Balance.
Section 1. Fund Balance Elements
The following are the elements that will be used in calculating the Fund Balance
A. Plan Assets
B. Plan Liabilities
C. Catastrophic and IBNR Reserve Balance
D. Formulary for Calculation of Healthcare Premiums for Fire CDHP
The following components will be used to calculate the premiums for active employees and retirees
under age 65:
1. Third Party Administrator(TPA)administrative fees
2. Stop loss premiums
3. Incurred and paid medical and prescription drug claims(after stop loss adjustments,rebates,
subrogation recoveries, coordination of benefit 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 to the effective date of such rate and 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.
4. A prorated contribution toward the cost of an onsite primary care clinic (the percentage
of members covered under the CitiCare Fire Health Insurance Plan 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).
5. Incurred But Not Reported(IBNR)claims, as actuarially determined.
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6. The net change in forecasted and prior period catastrophic reserve funding (10% of
actuarial projected claims expense).
7. 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 or designee 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.
E. Retiree Health Insurance Coverage.
Employees who retire under the conditions of disability in accordance with the Corpus Christi
Firefighters Retirement System or Social Security or under regular retirement under the Corpus
Christi Firefighters Retirement System or under Social Security after ten (10) years of continuous
service with the City, along with their participating dependents covered on the last day of
employment, shall be eligible to continue participation in the Fire CDHP at monthly premiums subject
to periodic changes in rates as required in the agreement. However,Retirees are not eligible to receive
the City's HSA Contribution. The total cost of such continued coverage shall be paid entirely by the
employee 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 plan will cease. While
the retiree remains in the Fire CDHP, or fully insured plan offerings for Medicare eligible retirees,
coverage shall remain in force for the spouse while paid until he or she becomes eligible for Medicare
or reaches age 65 at which time coverage in the plan 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 plan shall cease. Medicare eligible retirees and their
Medicare eligible dependents will be eligible to participate in the City's fully insured plan offerings
for Medicare eligible retirees.
Section 2. Life Insurance and Premiums
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A. City-Purchased Life Insurance. During the term of this Agreement, the City will
maintain, at no cost to Fire Fighters, basic life insurance in an amount equal to the Fire Fighter's annual
base salary.
B. Optional Life Insurance. Each year, during the enrollment period,the City will provide
Fire Fighters the option to purchase additional life insurance at no cost to the City.
Section 3. Fire Fighters Dental Plan.
During open enrollment,a Firefighter can elect to participate in the City's Dental Insurance Plan
outlined below. A Firefighter is not precluded from electing to change Coverage Tiers under the City's
Dental Insurance Plan due to a Qualifying Life Event.
The City will contribute $30.00 per month to those Firefighters who elect to participate
in the City's Dental Insurance Plan. The City's monthly contribution will be applied to the
Employee's portion of the premium tier.
1. Premiums for City's Dental Insurance Plan
Bi-weekly premium costs for City's Dental Insurance Plan as on the effective date of this
Agreement are as follows:
Employee Cost City Cost
Employee $7.45 $13.85
Employee& Spouse $28.74 $13.85
Employee & Child(ren) $41.52 $13.85
Employee& Family $62.81 $13.85
B. Plan Structure for the City's Dental Insurance Plan.
CORPUS CHRISTI FIREFIGHTERS DENTAL PLAN
THIS IS A SUMMARY ONLY, PLAN DOCUMENT WILL GOVERN
DENTAL PLAN BENEFITS In Network
Plan Year Deductible $50 per individual
$150 per family
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Maximum Year Benefits per Participant for
Categories I,II,III,IV,V,VI,VII,VIII,IX $4,500
Does not apply to Orthodontic
I. Diagnostic & Preventative Care Services 100%of Allowable Amount
Calendar Year Deductible does not apply
As applies to those Participants who are One additional prophylaxis treatment(s)are
pregnant available at 100%of Allowable Amount
II. Miscellaneous Services 85%of Allowable Amount
after Plan Year Deductible
III. Restorative Services 85%of Allowable Amount
after Plan Year Deductible
IV. General Services 85% of Allowable Amount
after Plan Year Deductible
V. Endodontic Services 85%of Allowable Amount
after Plan Year Deductible
85%of Allowable Amount
after Plan Year Deductible
VI. Periodontal Services On additional Periodontal Services are
available at 100%of Allowable Amount
Periodontal Services are available at 100%of
Allowable
VII. Oral Surgery Services 85%of Allowable Amount
after Plan Year Deductible
VIII. Crowns, Inlays/Onlays Services 85% of Allowable Amount
after Plan Year Deductible
IX. Prosthodontic Services 85%of Allowable Amount
after Plan Year Deductible
OPTIONAL COVERAGE
X. Orthodontic Services 85% of Allowable Amount
Limiting Age: 19 after Plan Year Deductible
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$4,500 maximum lifetime benefit
Predetermination Amount $300
Dependent Child Age Limit Age 26
C. Dental Premiums Formulary
The following components will be used to calculate the premiums for active employees:
1. Third Party Administrator(TPA)Fees
2. Incurred and paid dental claims (after subrogation recoveries and coordination of benefit
recoveries) of all plan participants (active employees 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 to the effective date of such rate and 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.
Section 4. Corpus Christi Fire Fighters Vision Plan
a. Premiums for Corpus Christi Firefighters Vision Plan. Bi-weekly premium costs for
Corpus Christi Firefighters Vision Plan as on the effective date of this Agreement are as
follows:
Employee Cost City Cost
Employee $2.32 $0.00
Employee+ 1 Dependent $4.63 $0.00
Employee+2 or more $6.72 $0.00
Dependents
THESE ARE CURRENT RATES ONLY AND ARE SUBJECT TO CHANGE AT ANY
TIME VIA THE PLAN ADNHNISRATOR.
b. Plan Structure for Corpus Christi Firefighters Vision Plan.
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CORPUS CHRISTI FIREFIGHTERS VISION PLAN
THIS IS A SUMMARY ONLY,PLAN DOCUMENT WILL GOVERN
VISION PLAN BENEFITS VSP CHOICE NETWORK OUT-OF-NETWORK
Annual Eye Exam Covered in full Up to $45
Single Vision Lenses Covered in full Up to $30
Bifocal Lenses Covered in full Up to $50
Trifocal Lenses Covered in full Up to $65
Lenticular Lenses Covered in full Up to $100
Progressive Lenses See lens options N/A
Frames $100 $70
Contacts (standard) fit & Member cost up to $55 $0
follow up exam
Contacts (elective) Up to $115 Up to $105
Contacts (medically necessary) Covered in full Up to $210
Frequencies
Annual Eye Exam $10 $10
Eyeglasse Lenses or Frames $25 $25
Article 13
SUPPLEMENTAL RIGHTS & BENEFITS
Section 1. Uniforms.
A. The City shall pay 100% of the cost of the original issue of uniforms to provide every
Fire Fighter with all required original issue items. The Fire Fighter shall thereafter replace or repair said
required clothing items.
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B. The City retains the right to establish the style and color of the official uniform and its
insignia.If the City changes style and color of the uniform,and such changes cause the previous uniform
to be obsolete, it shall pay 100%of the original cost.
C. The original issue of uniforms, including patches, to each Fire Fighter shall include the
following:
(1)Two Class"A"uniforms for Cadets;
(2) One belt and one buckle;
(3) Six Class `B"pants;
(4) Six T-shirts;
(5) One sweatshirt; and
(6) One Jacket.
D. Fire Fighters will purchase shoes at their own expense.
E. Fire Fighters will receive a monthly clothing allowance of$67.50.
F. Standards regarding the inspections, maintenance, and replacement of uniforms as well
as, uniform specification shall be established by the Fire Chief subject to the requirements of this
Agreement.
G. Each Fire Fighter's name,rank,and highest current EMS Certification shall be on all Fire
Fighters' shirts as per Department policy. The Department may also require style and color changes to
Fire Fighter shirts; however, the City shall be obligated to pay the cost of providing only three (3) new
T-shirts to each Fire Fighter,notwithstanding the requirement of Paragraph B of this Section.
Section 2. Mileage Allowance.
Fire Fighters required to use their private automobiles for authorized Department business, or as
a necessity in changing stations while on duty shall be compensated at the rate specified by City Policy
for all City employees, which is the standard rate adopted by the Internal Revenue Service in effect at
the time the miles were driven, or during budget shortfalls or special circumstances, a reduced rate as
specified by the Finance Department.
Section 3. Meals.
When it appears that Fire Fighters will be: (1) engaged in firefighting duties at an emergency
scene,(2)engaged in ambulance duties,or(3)relocated to another station for two hours past their normal
mealtime,the City will provide the Fire Fighters a meal allowance of$8.00 per meal per Fire Fighter. A
request by the senior officer present at the scene,or in his/her absence,approval by the first senior officer
in the chain-of-command, is necessary before a meal will be authorized. The senior officer will submit
the request for reimbursement on a form approved by the Chief and made available for that purpose. The
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City will provide reimbursements within two weeks from the date the form is submitted by fax or
otherwise.
Section 4. Relief.
Fire Fighters actively engaged in firefighting duties at an emergency scene for more than three
(3) hours will be relieved from duty and given a rest period of at least thirty (30) minutes. In the event
the Fire Fighter is required to remain on-scene for a period of eight (8) hours or more, the Department
will make every reasonable effort to relieve the Fire Fighter and return him/her to other duties away from
the scene.
Section 5. Reassignment from 40-hour staff assignments.
With the exception of the Fire Marshall, any Fire Fighter who has been placed on a 40-hour staff
assignment for a period of two(2)consecutive years may request reassignment to other duties.However,
Firefighters placed on a 40-hour assignment who have obtained a peace officer license, paid for by the
City,must wait four(4)years before requesting assignment to other duties. Such requests will be granted
as soon as a vacancy is available.
Section 6. Assignment Preference Forms.
The Fire Chief will consider any Station Assignment Preference Forms submitted by Fire
Fighters during the prior year. Factors considered by the Chief in making any reassignments include,but
are not limited to,the needs of the Department,the location of the preferred fire station,the Fire Fighter's
residence, and the Fire Fighter's seniority. Station Assignment Preference Forms generally will not be
used to fill vacancies governed by Section 7 of this Article, unless no one bids for the vacancy.
Section 7. Station Assignment by Seniority.
A Department vacancy that occurs due to retirement,death,termination,promotion,or demotion
will be filled using the below-described seniority bid system:
A. Only Fire Fighters regularly assigned to the shift (A, B or C) in which the vacancy occurs may
bid. Within that shift, the following ranks are eligible to bid as follows:
• Firefighter I: seven(7) with the most time in rank
• Firefighter II EMS: ten(10)with the most time in rank
• Firefighter II Drivers: six(6)with the most time in rank
• Fire Captains: six(6)with the most time in rank
• Battalion Chiefs: one (1)with the most time in rank
Those eligible may bid to move to the station with the current vacancy or to remain at their
presently assigned fire station, but must complete and submit an assignment bid.
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A Firefighter who is eligible to bid based upon the criteria outlined above, may bid, at any time,
to remain at his/her currently assigned station regardless of whether a vacancy has occurred or
whether the procedure outlined in subsection G has been followed. However, he/she must
submit, in writing, a bid requesting to remain at their currently assigned station to the Assistant
Chief of Operations. Once the request has been submitted and approved, the time restrictions
outlined in subsection F apply, and the Firefighter may not use the seniority bid procedure to
obtain another assignment for three (3)years thereafter.
B. No more than two (2) Firefighter II EMS positions in each EMS Station will be filled by use of
this seniority bid procedure.
C. For the Firefighter I rank,this seniority bid procedure will be used only to fill positions in Non-
Ambulance Stations.
D. This seniority bid procedure will not apply to move-outs (temporary relocations).
E. A Fire Fighter assigned to a station through use of the seniority bid procedure may not use the
procedure to obtain another assignment for three (3)years thereafter.
F. Vacancies subject to the seniority bid procedure will be posted for two (2) weeks. Fire Fighters
will have seven (7) days after the two-week posting period expires to submit their assignment
bids. The Fire Chief will post assignments within seven (7) days after the bid submission
deadline. In the event that multiple bids are received for a single vacancy, the Firefighter with
the most time in rank will have his/her bid granted.
G. In the event that no bids are received from those Fire Fighters who are eligible to bid,as outlined
above in subsection A,the assignment will be made at the Fire Chief's discretion.However,those
Fire Fighters on the seniority list who have chosen not to bid on a vacancy cannot be assigned to
that vacancy.
H. Firefighters assigned to relief duty will be those most recently promoted to suppression.
I. All Firefighters in the rank of Firefighter I and Firefighter II-EMS remain subject to move-outs.
However,those Firefighter I's and Firefighter II-EMS's with 20 years or more of service will be
subject to move-outs as a last resort with a cap of 2 to 1. There will be only one "last resort
person"per station on a rotation basis. In the case where there is more than one Firefighter with
at least 20 years of service, the "last resort person" will be rotated on an equitable basis at the
discretion of the station Captain. This provision does not apply to those non-ambulance riding
Firefighter I's who are assigned to Single Company Ambulance Stations.
Section 8. Action Outside City Limits.
Fire Fighters who are ordered to respond outside the City limits on any Fire Department mission
will be deemed to be acting in the course and scope of their duties as paid Fire Fighters and public safety
officers for all purposes.
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Section 9. Toxicology Reports.
The City shall pay for the cost of toxicology reports in instances where a Fire Fighter dies and:
A. The death results from an on-the-job injury; or
B. The Fire Fighter's family requests a report and the Fire Fighter's recent exposure to excessive
smoke or toxic fumes is suspected as a contributing factor.
Section 10. Legal Defense of Fire Fighters.
A. City's Obligation. The City will provide a legal defense to any Fire Fighter who:
i. Is sued civilly for any action taken by the Fire Fighter while acting within the course and
scope of his/her employment; or
ii. Receives a traffic citation for his/her involvement in a traffic accident while making an
emergency response to a fire or other emergency scene while acting in the course and
scope of his/her employment.
The City shall provide such legal defense through an attorney not connected with the prosecution of the
case.
B. Limitations on City's Liability.The City,by conducting or participating in the Fire Fighter's
defense, does not:
i. assume any obligation or liability not otherwise imposed by law;
ii. expressly or impliedly waive any available immunity or defense; or
iii. assume responsibility not otherwise imposed by law for any judgment rendered against
the Fire Fighter.
C. Limitation on City's Obligation.The City Manager may in his/her discretion refuse to provide
a legal defense to a Fire Fighter where there are independent indications the suit results from the Fire
Fighter's intentional acts, gross negligence or recklessness. The City Manager will provide the Fire
Fighter a written statement of his/her reasons for declining to provide a legal defense.
D. Fire Fighter's Obligations. A Fire Fighter against whom a claim is made has the following
obligations:
i. To notify the Fire Chief in writing of any claim being made against the Fire Fighter, and
to request a legal defense from the City,not later than ten(10)days from the date the Fire
Fighter received notice of such claim;
ii. If sued, to forward to the City Attorney any demand, notice, summons or other process
received by the Fire Fighter within 24 hours; and
iii. To cooperate with the City in preparing the Fire Fighter's defense, in attending any
necessary hearings or trial, in securing and giving evidence, and in obtaining the
attendance of witnesses; and
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iv. Upon the City's request,to assist in making settlement offers,and in enforcing any rights
of contribution or indemnity against any other person or organization who may be liable
for all or part of the alleged damages.
Section 11. Copies of Agreement.
The City shall distribute verbatim copies of this Agreement in electronic format to all Fire Fighters
within 90 days of execution of this Agreement by the parties. Two (2) hard copies of the Agreement
will be maintained at each Fire Station and other work locations for the convenience of the Fire Fighters.
The City will also provide the Association with 30 hard copies of the Agreement.
Article 14
ASSOCIATION HEALTH& BENEFITS TRUST FUND
Section 1. Trust Creation. The City and Association agree that the Association Health & Benefit
Trust is the Association's sole responsibility and that the City has no involvement in the Trust.
Section 2. Indemnification. The Association shall defend and indemnify the City from any and all
claims or legal actions for damages or expenses brought by any party arising from the operation or
administration of the Association Health& Benefit Trust.
Section 3. City Payments to Trust. Beginning on October 1, 2024 and each October 1 thereafter
occurring during the term of this Agreement, the City shall pay to the Association $225,000 for the
Corpus Christi Firefighters Health and Benefit Trust.
Article 15
HOLIDAYS & HOLIDAY PAY
Section 1. Recognized Holidays
Each Fire Fighter shall receive the following holidays during each fiscal year:
(1)New Year's Day
(2)Martin Luther King, Jr. Day
(3)Memorial Day
(4)Juneteenth
(5)Fourth of July
(6)Labor Day
(7)Thanksgiving Day
(8)Christmas Day
(9)Floating Holiday
(10) One Holiday to be determined by the City.
Fire Fighters shall also receive any additional holidays that are granted to other municipal employees of
the City.
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The current practice of adding holidays to vacation time shall be retained. For each holiday, hours will
be placed in the Fire Fighter's vacation leave account as follows:
(1) Operations Fire Fighters — 12 hours
(2) Non-Operations Fire Fighters on 5/8 schedule —8 hours
(3) Non Operations Fire Fighters on 4/10 schedule — 10 hours
Section 2. Pay for Holiday Work
Fire Fighters who are required to work on a holiday will,in addition to receiving the holiday time
credit authorized by Section 1 of this Article, be paid for the holiday hours worked as follows:
A. For Operations Fire Fighters. Fire Fighters assigned to Operations will be paid
according to the following formula:
1. [Annual Base Pay +Annual Add Pays] ± 26 = Pay Period Pay (PPP).
2. PPP_ 80=Cycle Rate
3. PPP_ 108 =Dock Rate
4. [Cycle Rate x 1.5] —Dock Rate=Holiday OT Rate
5. [Holiday OT Rate] x [Holiday hours worked] =Holiday OT Pay
B. For Non-Operations Fire Fighters. Fire Fighters assigned to 40-hour week positions
will be paid according to the following formula:
1. [Annual Base Pay+Annual Add Pays] _26=Pay Period Pay (PPP).
2. PPP_ 80=Dock Rate.
3. [Dock Rate x 1.5]—Dock Rate=Holiday Rate
4. [Holiday Rate] x [Holiday hours worked] =Holiday Pay
As used in the above formulas, "Base Pay" is the salary provided under Article 9, §2 of this
Agreement. "Add Pays" include any Longevity Pay, Certification Pay, Assignment Pay, Educational
Incentive Pay, EMS Supervisory Officer Pay, and EMS Assistant Director Pay received by the Fire
Fighter when applicable.
Article 16
SICK LEAVE & SICK LEAVE POOL
Section 1. Accrual of Sick Leave
Fire Fighters will accrue sick leave in the amount of 15 working days with pay per year. For
purposes of this Article, a"working day"is defined as follows:
• For Operations Fire Fighters 12 hours
• For Non-Operations Fire Fighters on 5/8 schedule 8 hours
• For Non-Operations Fire Fighters on 4/10 schedule 10 hours
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Section 2. Use of Sick Leave for Personal Illness or Injury.
Fire Fighters may use sick leave for a personal illness or injury. Absent exigent circumstances,
the ill or injured Fire Fighter shall notify the appropriate Chief on duty immediately after they know that
they will be absent on account of illness or injury.
Section 3. Use of Sick Leave for Immediate Family Member.
In the event of illness or death in the Fire Fighter's immediate family, the Fire Fighter shall be
granted sick leave at the request of the employee.The immediate family,for purposes of this Agreement,
shall be defined to include parents, step-parents, legal guardian, spouse, mother-in-law and father-in-
law, children, brothers, sisters, grandparents, and grandchildren.
Section 4. When Physician Statement Required.
Fire Fighters will be required to furnish a Physician's statement certifying to their illness or
injury in the following circumstances:
• When an Operations Fire Fighter is absent more than 2 consecutive work shifts;
• When a Non-Operations Fire Fighter is absent more than 40 consecutive work hours;
and
• Anytime the Chief, in his/her judgment, deems it appropriate for a just cause.
Section 5. Sick Leave Retirement Pool
A. During the term of this Agreement, the City will continue to maintain the existing Sick
Leave Retirement Pool for Fire Fighters, and will continue to have a maximum balance of 2,000 days,
and a minimum balance of 500 days. The Pool shall be used to compensate Fire Fighters who retire with
a sick leave account having more than 90 days, but less than the maximum buy back amount under
Section 6.A. Eligible Fire Fighters shall be compensated from the Sick Leave Retirement Pool for the
difference between their accrued amount and the maximum allowed.
B. Quarterly accounting will be done to keep track of the current balance in the Pool. When
the deduction of days from the Pool reduces it to a minimum of 500 days, the City will deduct 2 sick
leave days from the sick leave account of each Fire Fighter once per year until the pool reaches its 2,000-
day limit.
Section 6. Drag Up Pay for Unused Sick Leave.
A. Except in cases of disability retirement, Fire Fighters who separate will be paid by the
City for the unused sick leave in their sick leave account subject to the following limits based on their
years of service at separation:
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Years of Service Maximum Sick Leave Buyback
Operations Firefighters Non-Operations
Firefighters
Less than 4 full years of 0 Hours 0 Hours
service
4 full years of service 360 Hours 267 Hours
5 full years of service 480 Hours 356 Hours
6 full years of service 600 Hours 444 Hours
7 full years of service 720 Hours 533 Hours
8 full years of service 840 Hours 622 Hours
9 full years of service 960 Hours 711 Hours
10 full years of service 1,080 Hours 800 Hours
20-24 full years of service 1,800 Hours 1,333 Hours
25 or more full years of service 2,160 Hours 1,600 Hours
B. Operational and Non-Operational Fire Fighters who retire with a sick leave account
having more than 1080 hours or 800 hours, respectively, but less than the maximum buy back amount
under Section 6.A,shall be compensated from the Sick Leave Retirement Pool for the difference between
their accrued amount and the maximum allowed. For example, a 26-year Fire Fighter who retires with
1800 hours or 1,333 hours (operational/non-operational)in his/her sick leave account would be paid for
the maximum 2,160 hours or 1,600 hours (operational/non-operational), 360 hours or 267 hours
(operational/non-operational) of which would be deducted from the Sick Leave Retirement Pool. This
provision does not apply to disability retirements.
C. If a Fire Fighter dies prior to separation from the Department, his/her beneficiaries will
be paid the greater of:
• The maximum amount allowed under Section 6.A; or
• The entire amount of his/her accumulated sick leave.
Section 7. Drag Up Pay Rate.
For each hour of Drag Up pay to which they are entitled, Fire Fighters will be paid according to
the appropriate formula below. For purposes of this Section, a Fire Fighter's Base Pay is the salary
provided under Article 9, §2 of this Agreement. A Fire Fighter's Add Pays include any applicable
Longevity, Certification Pay, Assignment Pay, EMS Supervisory Officer Pay, and EMS Assistant
Director Pay. The formulas are:
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Operations Fire Fighters—
[Annual Base Pay+Annual Add Pays] ±2808 =Drag Up Hourly Rate
Non-Operations Fire Fighters—
[Annual Base Pay+Annual Add Pays] -2080=Drag Up Hourly Rate
Section 8. Catastrophic Leave.
The purpose of the Firefighters' Catastrophic Leave Pool ("FCLP") is to provide Firefighters with the
possibility of obtaining additional sick leave days to avoid loss of compensation due to a catastrophic
illness or injury when the Firefighter has exhausted all sick leave.
Donation of a Firefighter's sick leave to the FCLP is a voluntary program. No inducement, discipline,
or promise or threat of discipline shall be used to encourage or discourage participation.
Donating to the FCLP:
1. Firefighters donating must have a total of 400 hours of sick leave accrued before being eligible
to donate sick leave to the FCLP, and under no circumstances shall the donating firefighter end
with less than 350 hours of sick leave after donating.
2. Firefighters may donate up to a max of 120 hours of sick leave to the FCLP within a calendar
year.
The following requirements determine when FCLP hours may be drawn:
1. Firefighters with four(4)years or less service may use FCLP hours after one hundred sixty-eight
(168) hours for Operational Firefighters and one hundred twenty (120) hours for Non-
Operational Firefighters related to a single qualifying catastrophic event,provided that it is a non-
job related illness or injury. The first one hundred sixty-eight(168)hours or one hundred twenty
(120)hours,respectively, shall be charged to the Firefighter's accumulated sick leave or vacation
leave. In the event that a Firefighter has exhausted both his/her sick leave or vacation leave,then
he/she will be docked the remaining hours required above.
2. All other Firefighters may use FCLP hours after two hundred sixteen(216)hours for Operational
Firefighters and one hundred sixty (160) hours for Non-Operational Firefighters, related to a
single qualifying catastrophic event, provided that it is a non job related illness or injury. In the
event that a Firefighter has exhausted his/her sick leave,then he/she will be docked the remaining
hours required above.
3. Firefighters shall be permitted to use no more than three hundred and eighty-four (384) FCLP
hours for. Operational Firefighters and two hundred and eighty (280) FCLP hours for Non-
Operational Firefighters per calendar year.
4. FCLP 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 19
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of this Agreement relating to "Injury Leave." Firefighters receiving worker's compensation
benefits are ineligible for FCLP hours.
5. The number of FCLP hours utilized shall be solely for the benefit of firefighters 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 firefighter 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. Firefighters may also use FCLP hours in accordance with Art. 16,
Section 3 of this Contract. 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.
6. Requests for FCLP hours should be submitted when the need for assistance is determined. FCLP
hours will not be granted on a retroactive basis, with the exception for the two years preceding
the execution of this Agreement. Meaning,that if within the last two years prior to the execution
of this Agreement, a Firefighter has a catastrophic event that would qualify under this Section,
he/she will still be eligible to receive FCLP hours, provided that the event is still ongoing and
other qualifications have been met.
7. Requests for FCLP hours must:
a. Be accompanied by a statement from a licensed practitioner that gives the diagnosis,
prognosis, and anticipated return to work date of the Firefighter or other acceptable
documentation at the discretion of the Fire Chief.
b. Include a copy of the most current time and leave records information that reflects
leave balances as of the Firefighter'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 Fire Chief,or designee, shall facilitate a committee review of all requests for hours from the
FCLP. The committee shall include the Fire Chief or designee, an Assistant Chief, and the
Association President or designee. The decision of the committee will be final and cannot be
grieved.The Fire Chief or designee will provide written notification to the employee of the award
or denial of FCLP hours by the committee.
a. The committee will determine the amount of hours to be granted for the request,based
upon the information provided by the Firefighter. The committee will deny requests for
which the data provided is insufficient and/or does not meet the requirements of this
section.
b. The Fire Chief, or designee, may reconvene the committee for further consideration
should evidence become available that would have affected the outcome of the
committee's decision.
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9. If FCLP hours are used intermittently and an employee accrues vacation and sick leave prior to
all granted FCLP hours being used, the Firefighter must use accrued leave prior to resuming use
of FCLP 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. Firefighters leaving employment with the City are not entitled to payment of unused hours.
Additionally,the estate of a deceased Firefighter is not entitled to payment of unused hours.
11. Documentation provided in association with a request for hours will be maintained in a
confidential manner, as allowed by law.
12. If the FCLP has a zero balance, (no hours available),no FCLP hours will be granted.
Article 17
VACATION LEAVE
Section 1. Accrual of Vacation Leave.
Fire Fighters will annually accrue Vacation Leave on the basis of 26 biweekly pay periods per
year as follows:
• 0— 14 years of service 15 working days
• 15—29 years of service 18 working days
• 30 or more years of service 21 working days
For purposes of this Article, a"working day"is defined as follows:
• For Operations Fire Fighters 12 hours
• For Non-Operations Fire Fighters on 5/8 8 hours
• For Non-Operations Fire Fighters on 4/10 schedule 10 hours
All Fire Fighters may accrue unlimited vacation hours (including holiday leave hours).
Section 2. Use of Vacation Leave for Death Not in Immediate Family.
A Fire Fighter,with the Chiefs approval,may use vacation leave to attend the funeral of a person
who is not in the Fire Fighter's immediate family. The immediate family, for purposes of this Section,
includes the Fire Fighter's parents, step-parents, legal guardian, spouse, mother-in-law and father-in-
law, children, brothers, sisters, grandparents, and grandchildren.
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Section 3. Drag Up Pay for Unused Vacation Leave.
Upon separation, Fire Fighters will be paid for the following maximum amounts of unused
vacation leave in their accounts:
Fire Fighter Class Number of Hours
Operations Fire Fighters hired after 9/1/1998 720 hours
Non-Operations Fire Fighters hired after 9/1/1998 533 hours
Operations Fire fighters hired on or before 1080 hours plus hours the Fire Fighter had
9/1/1998 on the books on 12/20/1998
Non-Operations Fire Fighters hired on or before 800 hours plus hours the Fire Fighter had on
9/1/1998 the books on 12/20/1998
Section 4. Drag Up Pay Rate for Unused Vacation Leave.
For each hour of Drag Up pay to which they are entitled, Fire Fighters will be paid according to
the appropriate formula below. For purposes of this Section, a Fire Fighter's Base Pay is the salary
provided under Article 9, §2 of this Agreement. A Fire Fighter's Add Pays include any applicable
Longevity, Certification Pay, Assignment Pay, EMS Supervisory Officer Pay, and EMS Assistant
Director Pay. The formulas are:
Operations Fire Fighters—
[Annual Base Pay+Annual Add Pays] -2808 =Drag Up Hourly Rate
Non-Operations Fire Fighters—
[Annual Base Pay +Annual Add Pays] -2080=Drag Up Hourly Rate
Section 5. Vacation Leave Buyback Program.
Fire Fighters may sell back to the City two (2)working days of vacation leave for each working
day of vacation leave taken by the Fire Fighter during that same year, subject to two (2) limitations:
• Fire Fighters may not sell back more than ten(10) working days per year; and
• Fire Fighters can sell back only accrued vacation leave in excess of thirty (30)working days.
The term"working days,"as used in this Article, means:
• 12 hours of accrued vacation leave for Operations Fire Fighters; and
• 8 hours of accrued vacation leave for Non-Operations Fire Fighters.
The amount paid for each hour of vacation leave bought back by the City will be determined by the
formula stated above in Section 4 of this Article for payment of Drag Up Pay for Unused Vacation Leave.
The City shall distribute funds owed under this Section as cash, as contributions to a Fire
Fighter's deferred compensation plan, or as otherwise directed by the Fire Fighter. The Fire Fighter is
responsible to pay any costs incurred for a transfer other than cash.The City may require the Fire Fighter
to release and hold the City harmless for any penalties or other liability incurred by the City as a result
of allowing the Fire Fighter to defer compensation under this provision. The City shall not be required
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to make a payment to a deferred compensation plan or other plan if it determines, in its sole discretion,
that such payment or distribution fails to comply with any applicable laws, rules, and regulations.
Article 18
PERSONAL LEAVE & MILITARY LEAVE
Section 1. Personal Leave
A. Fire Fighters on the payroll as of August 1 of each year, except for cadets, shall receive
60 hours for Operations Firefighters and 40 hours for Non-Operations Firefighters of
personal leave with pay.
B. Personal leave days shall be non-cumulative and must be taken within one (1)year of the
date received. Use of these days shall be subject to the operating needs of the department
and the requests of the employees.
C. Personal Leave (PL)days must be taken as follows:
For Operations Fire Fighters:
60 hours of Personal Leave may be taken in 24 hour or 12 hour blocks. Personal Leave
may only be combined with Vacation Leave if it is the final use of Personal Leave to
make a 12 or 24 hour block.
12 hour blocks may only be taken from 0800 to 2000 or 2000 to 0800.
For Non-Operations Fire Fighters:
40 hours of Personal Leave,taken in any increments, as approved by their supervisor.
D. There shall be no payment for any accrued personal leave days if an employee terminates
prior to using them.
Section 2. Military Leave
A. 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 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
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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.
Article 19
INJURY LEAVE
Section 1. Line of Duty Injuries—Leave of Absence.
In accordance with Texas Local Gov't Code §143.073, a Fire Fighter will be granted a leave of
absence and will not be charged with sick leave for a time period commensurate with the nature of the
illness or injury related to the person's line of duty,up to one(1)year if necessary,and for any additional
period approved by the City Council at full or reduced pay. After the Fire Fighter has exhausted his/her
line of duty injury leave and Light Duty afforded by the City according to the Fire Department's Limited
Duty Policy, if any,the Fire Fighter may utilize accrued sick, vacation and personal leave as authorized
by §143.073(c) if the City Designated Physician certifies that the line of duty illness or injury continues
to prevent the Fire Fighter from returning to duty.
Section 2. Definitions.
For purposes of this Article, the following definitions apply:
1. A "line-of-duty illness or injury" is one that was directly and substantially caused by
the duties of the position. This definition does not govern the payment of workers' compensation
benefits, which are governed solely by the workers' compensation statutes.
2. A"disability"shall be defined as a physical injury or illness which prevents a Fire Fighter
from fully performing the duties of the position to which s/he was assigned at the time of his/her
disability began.
3. A "permanent disability" is an injury or illness which disables a Fire Fighter to the
extent that it cannot be said in reasonable medical probability that s/he will be able to return to full duty
within one (1) calendar year from the date that the Fire Chief determines in writing that the disability is
permanent.
Section 3. Permanent Disability Determinations/Reappointments.
The procedure for determining whether a Fire Fighter has a permanent disability shall be as
follows: In the event the Chief determines after consultation with the City Designated Physician that a
Fire Fighter is permanently unable to perform his or her job duties, the Fire Chief may institute
immediate termination or retirement, whichever is applicable. Prior to taking formal action on the
permanent disability determination, the Fire Chief will notify the Pension Board, in writing, of his/her
intentions. The Fire Fighter may call for further examination by a board of three(3)physicians. The City
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will appoint one(1) of these doctors;the Fire Fighter will appoint the second;and these two(2) doctors
shall appoint the third doctor who must be approved by the City's Designated Physician.The Fire Fighter
shall pay fees charged by his/her doctor, and the City will pay fees charged by the other two(2)doctors.
The decision of the majority of these three (3)physicians as to whether the Fire Fighter is permanently
disabled as defined within this Article will be final.
A Fire Fighter who previously has been terminated for disability may be eligible for
reappointment at the same rank if, within 2 years of the termination for disability:
• the City's designated Physician certifies that s/he has recovered and physically is able
to perform full duties; and
• s/he is found to be otherwise qualified.
Section 4. Entitlement to Leave Upon Disability Retirement.
A Fire Fighter who retires on disability receives the following leave benefits:
• Drag Up Pay for accrued vacation leave, subject to the applicable caps in Article 17;
• Drag Up Pay for all accrued sick leave (not eligible for additional days from the Sick Leave
Pool); and
• If the Fire Fighter was disabled by a line of duty illness or injury, pay for any part of the Fire
Fighter's one-year injury leave of absence that was not taken.
All such payments under this Section shall be calculated and compensated as of the date the employee
is determined to be permanently disabled and shall not include additional accrual of sick leave,vacation
leave,personal leave or holidays beyond that date.
Article 20
WORK HOURS
Section 1. Workweek and Duty Hours for Operations Fire Fighters.
A. 24/48 shift schedule. The regular work shift for Operational Fire Fighting personnel
assigned to fire suppression and emergency medical services duties shall be based upon
a schedule of 24 hours on and 48 hours off for a yearly average of fifty-four (54) hours
per week. For these Fire Fighters,twelve(12) scheduled working hours shall be counted
as one (1) work day for vacation leave, sick leave, personal leave and any other leave
purposes.
B. Shift Hours. The regular duty hours for each shift shall begin at 8:00 a.m. on the day to
be worked and shall end at 8:00 a.m. on the following day.
C. Holdovers. A Fire Fighter who is required to holdover at the end of his/her scheduled
shift to complete a fire or ambulance call will be compensated for the additional time to
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the nearest 15 minutes. If the Fire Fighter is required to holdover, the City shall not be
required to provide additional compensation for holdover assignments lasting less than
15 minutes. However,if the holdover period lasts longer than 15 minutes,the Fire Fighter
will be compensated for the entire holdover period at his/her overtime rate.
D. Straight Time Compensation. The parties understand and agree that the City fully
compensates Fire Fighters for all straight time pay due them for their regularly scheduled
hours.Operations Fire Fighters receive straight time monetary compensation to work 216
hours in each 27-day work cycle that does not include a Kelly Day and 192 hours in each
27-day work cycle that does include a Kelly Day.
E. Specialized Training Assignments_Operations Fire Fighters may be placed on a 40 hour
work schedule for the purpose of attaining specialized training. Specialized training
includes,but is not limited to:
• Training in HAZ-MAT, rescue, fire prevention and/or arson investigation;
• EMS certification and recertification classes;
• promotional orientation; and
• attendance at any Fire academy into which the Department has enrolled the Fire Fighter.
If an Operations Fire Fighter is required to take leave time to attend specialized training and said
time is for the purpose of transitioning to a forty(40)hour work schedule,such transition leave shall not
break the cycle for FLSA purposes.
Section 2. Work Week and Duty Hours for Non-Operations Fire Fighters.
A. Battalion Chiefs & Above. Non-Operations Fire Fighters at or above the rank of
Battalion Chief will have a 40-hour workweek with a schedule determined by the Fire
Chief.
B. Captains & Below.The regular work week for Non-Operational Fire Fighters below the
rank of Battalion Chief assigned to the Fire Prevention or Training Divisions shall be 40
hours per week. The regular weekly schedule will be four (4) ten (10) hour shifts per
week. In the Fire Prevention Division, the Fire Chief, may alter the regular weekly
schedule if Fire Prevention staffing falls to 50% or less of its required level. In the
Training Division the Fire Chief, at his/her discretion, may alter the regular weekly
schedule at any time.A four(4)ten(10)hour day weekly schedule will begin at 8:00 a.m.
and will end at 6:30 p.m. with a thirty (30)minute unpaid meal period.
C. Election of Alternate Workweek by Captains& Below.Non-Operations Fire Fighters
below the rank of Battalion Chief assigned to Fire Prevention or Training may elect,once
each year and with the approval of the Fire Chief, to work a weekly schedule of five 8-
hour shifts.This election will continue in effect for a year,subject to alteration by the Fire
Chief as provided in paragraph B above.
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Section 3. Call-backs.
A. Call-Back Procedure. The current agreed call-back procedure, described in Department
Standard Operating Procedure's(SOP's) (appended to this Agreement as"Appendix B")
shall be used during the term of this Agreement unless changed by mutual agreement of
the parties.
B. Revisions Committee. The Fire Chief, in his discretion, may appoint a committee to
develop a revised call back policy. The Committee will be composed of six(6)members,
three (3) appointed by the Chief, and three (3) appointed by the Association. The
Committee will meet as appropriate and determine whether and in what manner the
Department's call-back procedure should be changed. Any recommended changes will
be forwarded to the Chief and the Association President for the parties' consideration.
Any recommended revisions will take effect upon approval by both the City and
Association. For purposes of this subsection, the Association's Executive Board has
authority to give the Association's approval. Fire Fighters will be briefed on any new
call-back procedures before they are implemented.
C. Emergency Call-Backs. In an emergency, i.e., any unexpected or unforeseen event
requiring immediate action, the Department may utilize any means necessary to initiate
assistance. Fire Fighters called in on an emergency call-back will not lose their place on
any call back list. Emergency Call-Backs are a mandatory requirement to report to work
in the event of an emergency or other situation as declared by the Fire Chief or his/her
designee.
D. Restricted on-call compensation. Off-duty Firefighters who are ordered by the Fire
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.
Article 21
HIRING PROCEDURES & PROBATIONARY PERIOD
Section 1. Standard Hiring Process.
A. Entrance Exams. Entrance examinations may be administered at any time to qualified
applicants.Notice of such examinations will be made in accordance with the requirements of the CSA.
B. Eligibility Lists. All entry-level applicants passing the written examination, oral
examination,psychological examination,medical examination,strength and endurance examination,and
any other exams deemed necessary by the Fire Chief will be number-ranked upon the entry-level
eligibility list based upon their composite scores, which shall be posted simultaneously. Such eligibility
list shall be valid for a period of one (1)year from the date the eligibility list is posted. For example, an
eligibility list posted on October 8, 2015 would remain in effect until October 8, 2016. Selections from
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an eligibility list for Cadet positions will be in number-rank order as specified in the CSA. Applicants
who fail will be required to wait one (1)year before taking the test again.
Section 2. Alternate Hiring Procedure.
A. Use of Alternative Hiring Optional. The provisions of this Section are discretionary on
the part of the Fire Chief and may not be used to compel the City to hire or appoint any individual
whether or not vacancies currently exist. The Fire Chief, in his/her sole discretion, may deny the
application of an alternative-hire candidate even though the candidate meets all alternative-hire
requirements. Such decisions shall not be subject to this Agreement's Grievance procedure.
B. Alternative Hiring Program. Whether or not an entry-level eligibility list currently
exists or is required,the Chief may appoint applicants to beginning positions by utilizing this alternative
hiring process. Each alternative-hire must possess an EMT-Basic, EMT-Intermediate or Paramedic
Certification, at the time of hire. Each alternative-hire will be required to obtain Paramedic certification
if not already possessed at time of hire. Each alternative-hire will thereafter maintain his/her Paramedic
Certification thereafter as a condition of employment and will be subject to the certification requirements
set forth in this Agreement.
Additionally,each alternative-hire must successfully complete the following entry requirements:
• a medical examination,
• a physical fitness examination
• a written examination,
• a background investigation,
• an interview by a panel appointed by the Chief,
• a drug test, and
• any other current eligibility requirements deemed appropriate by the Chief.
C. Alternative Academies. Alternative-hires must successfully complete an academy
specifically designed for them. Alternative-hires who do not possess a current Firefighter Basic
Certification prior to entering this academy must pass the Firefighter Basic Certification exam in order
to successfully complete the academy.
D. Alternative Pay.Alternative-hires who possess both a Firefighter Basic Certification and
a Paramedic Certification at hire will receive starting Firefighter I salary and will be considered
Firefighter I's for all purposes except seniority. Such alternative-hires shall not begin to accrue seniority
until they are released to full duty.
Alternative-hires who possess only a Paramedic Certification at hire will receive the salary of a
Cadet at the 12-month salary step and shall be Cadets for all purposes including seniority and benefits
until they are released to Full Duty, at which time they will become Firefighter I's.
Alternative-hires who possess both a Firefighter Basic Certification and an EMT-Basic or EMT-
Intermediate Certification at hire will receive the salary of a Cadet at the entry level step and shall be
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Cadets for all purposes including seniority and benefits until they are released to Full Duty, at which
time they will become Firefighter I's.
Alternative-hires who possess only an EMT-Basic or EMT-Intermediate at hire will receive the
salary of a Cadet at the entry level step and shall be Cadets for all purposes including seniority and
benefits until they are released to Full Duty, at which time they will become Firefighter I's.
E. Preemption. The Chiefs use of this alternative hiring procedure preempts contrary CSA
requirements.
Section 3. Probationary Period for New Employees.
A. Probationary Period.A new employee in the Fire Department shall serve a probationary
period that begins on the first date of employment and ends 6 months after achieving rank as a Full Duty
Fire Fighter. However,under no circumstances shall a Probationary period be less than 18 months from
the date of hire. During the probationary period, such employee may be discharged at the discretion of
the Chief, without any right of appeal. When employees have completed the probationary period, they
shall automatically become full-fledged Civil Service Fire Fighters and shall have full Civil Service
protection as specified by Chapter 143 and this Agreement.
B. Post-Academy Probationary Benefits. In addition to insurance, sick leave, vacation,
and holidays, it is understood that upon graduation from the Fire Academy and achieving the first entry
level rank as a Full Duty Fire Fighter, Fire Fighters shall receive the following: (a) 100%of the uniform
allowance, (b)longevity pay,(c)Paramedic Certification pay,if certified,upon approval of the Assistant
Chief—Field Operations and (d) supplemental insurance. After completion of the probationary period
Fire Fighters will receive 100%of all benefits specified in this Agreement to which they are entitled.
C. Probationary Time-in-Grade Credit. For promotional purposes, the effective date of
the promotion indicated on the official City document (Form 12) will be used to determine the
classification of Firefighter to meet eligibility requirements.
Section 4. Reimbursement of Training Expenses Upon Early Departure
If a Fire Fighter voluntarily leaves employment of the City within two (2) years after his/her
probation ends,the Fire Fighter will reimburse the City for monies expended to train and certify the Fire
Fighter. The former fire fighter shall reimburse the City those training and certification expenses within
six(6)months of his/her voluntary departure date.
Article 22
PROMOTIONS
Section 1. Promotional Examinations -Firefighter II.
A. Exam Procedure. Except as modified by this Article, the City will administer and grade
Firefighter II promotional exams,and establish Firefighter II promotional eligibility lists,as provided by
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•
the Civil Service Act. Separate exams for Firefighter II-Driver and Firefighter II-EMS will be
administered.
B. Eligibility Requirements — Firefighter II-EMS. To be eligible to take the Firefighter II-EMS
promotional exam, a Fire Fighter must meet both of the following eligibility requirements:
1. Two consecutive years as a Firefighter I; and
2. Certification as a Paramedic.
The Firefighter II-EMS promotional eligibility list will be used only to fill Emergency Medical Services
vacancies.
C. Eligibility Requirements—Firefighter II-Driver.
Fire Fighters must serve a minimum of two(2)consecutive years as a FF2/EMS,or eight
(8)consecutive years as a FF1,to be eligible to take the FF2/Driver promotional examination.
Section 2. Promotional Examinations—Captain.
A. Exam Procedure.Except as modified by this Article,the City will administer and grade Captain
promotional exams, and establish Captain promotional eligibility lists, as provided by the Civil Service
Act.
B. Eligibility Requirements - Captain.
1. Time-in-Grade Requirement. All Fire Fighters must serve at least 5 (five) years as a
Full Duty Firefighter, with a minimum of 2 (two) consecutive years as a Firefighter II to be eligible to
take the Captain promotional exam.
2. Grandfather Clause. However,the Time-in-Grade requirement above does not apply to
a Firefighter II,who on September 30,2024,would have been eligible to take the Captain's exam under
the terms of the previous collective bargaining agreement dated October 1, 2020 thru September 30,
2024. All other Firefighters must comply with the Time-in-Grade Requirements stated in subsection 1
above.
3. Paramedic Certification Requirement.
a. Fire Fighters hired before May 1,2000.Fire Fighters hired prior to May 1,2000,
who have:
• served as a Firefighter II for more than two consecutive years, and
• served continuously in the Department since their hire date,
need not possess Paramedic certification to be eligible for the Captain promotional exam. This does not
relieve a Fire Fighter of any other EMS certification requirement described in this Agreement.
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b. Fire Fighters hired on or after May 1, 2000. Fire Fighters hired after May 1,
2000, must possess Paramedic certification to be eligible to take the Captain promotional exam. After
promotion to Captain, these Fire Fighters must maintain Paramedic certification for the longer of the
following periods:
• one additional required recertification, or
• four years.
Failure without adequate explanation to maintain said certification will be grounds for discipline up to
and including demotion or indefinite suspension.
Section 3. Orientation for Firefighter II Drivers and Captains.
The Department's Training staff will provide all newly promoted Firefighter II-Drivers and
Captains with a thorough orientation commensurate with the responsibilities of the ranks.The orientation
will include, at minimum, the following: hydraulics, driving laws, safety procedures, responsibilities of
the job, leadership in the fire service, and report writing (including all forms used within the Fire
Department). The orientation shall not be part of the promotional procedure and shall not count as part
of the final promotional grade. Fire Fighters shall receive this orientation prior to assignment to their
new positions. Attendance at such orientation shall not break a cycle for FLSA overtime pay purposes.
Section 4. Corrections to Promotional Examination Questions.
The Civil Service Director may, within five days after an exam is administered, recommend to
the Civil Service Commission that changes to exam questions be made if:
• clerical errors in compiling the test questions have been discovered, or
• a question arises as to general accuracy.
This does not restrict Fire Fighters' rights to appeal questions to the Commission as allowed by Section
143.034 of the CSA.
Section 5. Notice of Promotional Exams & Source Materials.
A. Source Materials. Each January, the Civil Service Director will post the list of sources from
which promotional examination questions will be taken for all promotional exams to be administered
during the one-year period commencing in April of the same year. The source materials shall be made
available to candidates at least 30 days prior to the scheduled examination dates.
B. Promotional Exam Dates. Notice of Promotional Exam dates will be posted pursuant to the
CSA.
Section 6. Promotional Process - Battalion Chiefs & Competitively Selected Assistant Chiefs.
A. Eligibility for Battalion Chief Promotional Exam. Fire Fighters must complete two
continuous years in the rank of Captain to be eligible to participate in the Battalion Chief promotional
process.
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B. Eligibility for Assistant Chief Promotional Exams. Fire Fighters must complete two
continuous years in the rank of Battalion Chief to be eligible to participate in the Assistant Chief
promotional process.
C. First Component-Written Exam. The first component of the promotional process for
Battalion Chief and competitively selected Assistant Chiefs will be a written exam administered as
follows.
1. The written examination shall consist of questions relating to the specific duties
of the position to be filled.
2. The written examination shall have no specific failing score but will provide a
ranking of participants from high to low score.In the event of tie scores,the candidate who first provides
his/her test sheet to the test administrator for grading shall be ranked higher.
3. Only the highest ten (10) participants will be allowed to participate in the
Assessment Center phase of the promotional process.
4. The posting of the written examination results will contain only the names of the
top ten applicants by score, listed in alphabetical order.
5. All applicants will be notified of their individual scores, but no scores will be
posted.
D. Second Component—Assessment Center. The second component of the promotional
process for Battalion Chief and competitively selected Assistant Chiefs will be an Assessment Center
administered as follows.
1. Selection of Assessors. The City's Director of Human Resources will select an
adequate number of assessors from outside the Fire Department to serve on the Assessment Panel. To
be eligible for appointment, a candidate must hold an administrative level position in a fire department
in a city with a population of at least 100,000. At least one of the Assessors must be from outside the
State of Texas for every three total assessors(e.g., if 7 or 8 assessors are utilized,at least 2 must be from
outside the State of Texas).
2. Approval of Assessors. Both the Chief and the Association President, or their
representatives, will be given five days to approve or strike the Assessors chosen by the Director of
Human Resources, subject to the following conditions.
a. The Chief and Association President will keep confidential the names on
the list of proposed Assessors provided by the Director.
b. If the Association President appoints a representative to act in their place,
the Fire Fighter chosen must not be a candidate for the promotional process in question.
c. Neither the Chief nor the Association President may strike more than one
name from the Director's list of proposed Assessors for every three total assessors(e.g.if 7 or 8 assessors
are utilized,the Fire Chief and the Association President will be allowed 2 strikes each).
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d. If the Chief or Association President declines to approve an Assessor
chosen by the Director, they must provide the Director a reason for withholding approval together with
the name of a proposed alternate Assessor.
e. The names of alternate Assessors proposed by the Chief or Association
President will be provided to the other side for approval and/or striking unless and until that side has
exercised all of its available strikes.
3. Training of Assessors. Assessors shall be trained for a minimum of eight (8)
hours in the methods to be used in administering the test.
4. Notice of Assessment Center Exam Date. The announcement of the Written
Test date will also state the date that the Assessment Center Exam will be administered.
5. Notice of Assessment Center Process. A brief explanation of the Assessment
Center process will be posted at least three days prior to the date the Written Test is administered. In
addition, all candidates will be given the opportunity to attend a classroom orientation concerning the
assessment center process. The orientation will include general information concerning the exercises
they will be taking during the assessment process.
6. Administration of the Assessment Center. The assessment center process shall
include at least three(3)exercises. 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
their score, the areas in which they excelled and did poorly, and what they might do to improve their
performance in the future.
7. No Appeal. The results of the Assessment Center examination shall be binding
for one year and, absent fraud, are not appealable to the Civil Service Commission or any other forum.
E. Promotional Eligibility Lists.
1. When Posted.Within 48 hours of the conclusion of the entire Assessment Center
process,excluding weekends and City-observed holidays, a promotional eligibility list shall be prepared
and posted.
2. Basis for Promotional Rankings. Each promotional eligibility list shall reflect
the ranking of all applicants who completed both parts of the promotional process (Written Exam and
Assessment Center) according to their"Rank Score," determined as follows.
a. A "Total Score" will be determined for each candidate, weighted as
follows:
Written examination score 40%
Assessment Center score 60%
TOTAL SCORE 100%
b. Each applicant's"Rank Score"will consist of his/her Total Score plus one
point for each year of service in the Department up to ten years, for a maximum score of 110 points.
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Section 7. Promotional Testing while on Military Leave
Effective with the signing of this agreement firefighters 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
firefighter's score would have resulted in a promotion if it had been achieved on the exam(s)missed due
to active military service, the firefighter will be promoted into that rank after returning to full duty and
completing a promotional physical. This promotion will be absorbed back into the authorized
compliment once a new vacancy for the rank occurs and no additional promotion for that position will
occur. Seniority in rank will be established as of the date the firefighter would have been promoted, as
if he or she had not been on active military service. The firefighter 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 firefighter returned to the Fire Department from active duty. This provision is
intended to comply with requirements of USERRA, and to supersede the terms of Sections 143.032(b)
and 143.036 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.
Section 8. Life of Promotional Eligibility Lists.
All promotional eligibility lists will remain in effect for one year measured from the date the
exam is administered, unless earlier exhausted. For example, if the exam is administered on March 15,
2015 the list expires at 11:59 p.m. the following March 15, 2016.
Promotional exams will be held annually when each list expires or is exhausted for the rank of
FFII EMS, FFII Engineer, and Captain, regardless of vacancy. To accomplish this, Promotional exams
for the ranks listed above, will be given no later than 45 days, excluding holidays, after expiration of a
list. However, in the event a promotional list is exhausted before its expiration, then the City will have
60 days, excluding holidays, to hold a Promotional exam,regardless of a vacancy.
For all other ranks,the City will follow the relevant provisions of Civil Service Act.
Section 9. Notification of Promotion.
Any Fire Fighter promoted to a higher classification shall be notified in writing within 20 days
from the date of promotion.
Section 10. Promotional Examination Eligibility for Current or Lower Rank/Classification
A Firefighter is not eligible to take a promotional exam for a rank/classification that the
Firefighter currently holds or in a lower rank/classification.
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Article 23
GRIEVANCE PROCEDURE
Section 1. Purpose.
A. Scope.The purpose of this grievance procedure is to establish an effective method for the
fair, expeditious and orderly resolution of grievances. A "grievance" is defined as any dispute, claim,
or complaint concerning the interpretation, application or alleged violation of any provisions of this
Agreement. The Association or any Fire Fighter may file a grievance in the manner described in this
Article. If a matter is not a "grievance" as herein defined, it may not be submitted to the grievance
procedure, including arbitration, for resolution.
B. Exclusions. This grievance procedure does not apply to:
1. Fire Fighter appeals of discharges, disciplinary suspensions, demotions, promotional bypasses,
and promotional examination appeals, which shall be governed by the procedures set forth in
other articles of this Agreement;
2. Any section of this Agreement that is specifically excluded from the grievance procedure: and
3. Claims concerning alleged violation of statutes or other law outside the Agreement unless the
Agreement specifically incorporates such statute or other law.
Neither the Association nor a Fire Fighter has the right to file or arbitrate grievances concerning matters
excluded by this Subsection.
Section 2. Initiation of Grievances.
A. Association & Individual Fire Fighter Grievances. Each grievance shall be submitted
on the form attached to this Agreement as Appendix"C-1." Each written grievance must include:
(1)the grievant's name and title;
(2) a brief statement of the grievance and the facts or events on which it is based;
(3)the date(s)the grievance occurred;
(4)the sections(s) of the Agreement alleged to have been violated;
(5)the remedy or resolution sought;
(6)the Fire Fighter's or Association representative's signature; and
(7)the date the grievance was received by the Association Grievance Committee.
B. Group & Class Action Grievances. If the grievance involves an issue affecting a group
of Fire Fighters, it may be filed as a group grievance, and each affected Fire Fighter will sign the
grievance. If it affects the bargaining unit as a whole, or a large class of Fire Fighters, the Association
may file it as a"Class Action"grievance by so noting on the grievance form(Appx.C-1),and describing
the class of persons affected. If the City contests the Association's designation or non-designation of a
grievance as a group or class action grievance, and the parties are unable to resolve the dispute, the
Arbitrator is authorized to decide the dispute.
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Section 3. Grievance Procedure.
A. Step 1 -Informal Attempt at Resolution.
In order for the City to have notice and an opportunity to correct any alleged unintentional
violations of this Agreement,a Fire Fighter(and his/her representative)who is aggrieved should,where
appropriate, seek to informally resolve a grievance with his/her supervisor and up the chain of command
ending with the appropriate Assistant Chief.
B. Step 2 -Action by Association Grievance Committee.
A Fire Fighter or Association Representative must file the formal written grievance with the
Association Grievance Committee within 25 calendar days of the date that s/he knew of or should have
known of the facts or events giving rise to the grievance. The Association Grievance Committee will
forward a notice of receipt of the grievance with a brief description of its nature to the Fire Chief or
his/her designee within 3 calendar days of receipt of the grievance. The Association Grievance
Committee shall within 25 calendar days of receipt of the grievance,determine if a valid grievance exists.
If the Association Grievance Committee determines that no valid grievance exists,it shall notify the Fire
Chief or his/her designee that no further proceedings are necessary. If the Association Grievance
Committee determines that the grievance is valid, it shall so notify the Fire Chief, and forward the
completed form attached to this Agreement as Appendix "C-2" together with the written grievance to
the Fire Chief.
C. Step 3 - Action by the Fire Chief.
Upon receipt of a formal written grievance from the Association Grievance Committee,the Fire
Chief or his/her designee shall submit his/her response in writing to the Association Grievance
Committee within 25 calendar days of receipt of the grievance. The Fire Chief or his/her designee(s)
may,but is not required to,conduct an informal grievance meeting with the Association and the affected
Fire Fighter(s) prior to submitting his/her response. The Fire Chief's response will be on the form
attached to this Agreement as Appendix"C-3".
D. Step 4-Action by the City Manager.
The Association Grievance Committee shall have 10 calendar days following its receipt of the
Fire Chief's response to submit the grievance to the City Manager. The City Manager or his/her designee
may,but is not required to,conduct an informal grievance meeting with the Association representative(s)
and affected Fire Fighters. The City Manager or his/her designee shall submit his/her written response
to the Association Grievance Committee using the form attached to this Agreement as Appendix"C-4"
within 25 calendar days of receiving the grievance.
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E. Step 5 -Invocation of Arbitration.
The Association Grievance Committee shall have 10 calendar days after it receives the City
Manager's response to submit the matter to arbitration. The Association will provide written notice to
the City Manager of its intent to submit the grievance to arbitration.
Section 4. Arbitration Procedure.
A. Arbitrator selection; setting hearing.If a grievance is submitted to arbitration,the City
and Association may mutually agree to a neutral arbitrator. If the parties are unable to do so after 14
calendar days, either may request a list of 7 arbitrators from the American Arbitration Association
(AAA). The party requesting a list of arbitrators will provide a copy of the request to the other party.
Within 10 calendar days following receipt of the list of arbitrators, the parties shall select an arbitrator
by alternately striking names from the list. The parties shall flip a coin in front of the Director of Human
Resources, or designee, to determine who strikes first. When only one (1) name remains, that person
shall serve as the arbitrator. The parties will promptly notify the AAA of the arbitrator's selection. The
AAA will notify the chosen arbitrator who,together with the parties' representatives,will select a time,
place and date for the arbitration hearing.
B. Arbitration hearing & decision. The following procedures will govern the conduct of
the arbitration hearing.
1. The hearing will be conducted informally and the strict rules of evidence or pleadings shall
not apply.
2. The Association will bear the burden of proof by a preponderance of the evidence.
3. An official stenographic transcription of the proceedings shall be made only upon written
agreement of the parties prior to the commencement of the hearing and the cost of the transcript will be
shared equally. If there is no agreement on this point, a party desiring to do so may have a transcript
made at that parry's sole expense. However,in that case,the arbitrator will determine whether s/he will
receive a copy of the transcript. If the party not ordering the transcript wishes to have a copy,that party
will have to obtain and pay for the copy through the court reporter who prepared the official stenographic
transcription.
4. The parties are responsible for any cost necessary to secure the presence of their witnesses at
hearing,except that the Fire Department will make subpoenaed Fire Fighters who are scheduled to work
available to testify.
5. Upon request of either party addressed to the opposing party at least 2 calendar weeks prior
to the hearing date,the parties shall exchange the names of witnesses expected to be called at the hearing.
Except for true rebuttal witnesses whose testimony could not reasonably have been anticipated, the
arbitrator shall exclude the testimony of a witness that a party failed to identify after timely request to
identify.
6. Upon request of either party addressed to the opposing party at least 2 calendar weeks prior
to the hearing date, the parties shall exchange documents to be used as exhibits at the hearing. Upon
failure of a party to disclose such exhibits the arbitrator shall exclude their admittance,unless the exhibit
is used as a rebuttal exhibit and its use at the hearing could not have reasonably have been anticipated.
7. The arbitrator shall have the power to subpoena witnesses, records and other evidence. At
least two (2) calendar weeks prior to the hearing, the party requesting the subpoenas shall prepare such
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subpoenas and ask the Arbitrator to sign them. Each party shall be responsible for and bear the cost of
serving the subpoenas to its witnesses.A party may apply to the arbitrator to quash a subpoena so issued.
8. The parties,in writing,may request discovery before the hearing.A parry's failure to provide
the requested information within 2 calendar weeks of the discovery request will be deemed a denial of
the discovery request. The requesting party may then petition the arbitrator to compel such discovery if
appropriate to the nature of the case. 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,the objections of the party resisting the discovery request, and such other
matters as s/he may deem material. The arbitrator's decision as to appropriate discovery will be final. In
no event shall discovery be permitted to delay the hearing, and in no event shall discovery be requested
within 5 calendar weeks prior to the hearing.
9. Within thirty (30) calendar days after conclusion of the hearing, or after receipt of closing
briefs if requested, the arbitrator shall issue a written opinion and ruling with respect to the issues
presented, a copy of which shall be mailed or delivered to the Association and City.
10. The losing party shall pay all of the arbitrator's fees and expenses. The arbitrator's written
opinion shall designate the losing party for purposes of this requirement. If the arbitrator determines that
both parties lost in part, s/he will apportion fees and expenses accordingly.
C. Arbitrator's Authority. The arbitrator's authority shall be limited to the interpretation
and application of the terms of this Agreement and/or any supplement(s) thereto. The arbitrator shall
have no authority to add to, subtract from, or modify the applicable provisions of this Agreement in
arriving at a decision on the issue or issues presented. The arbitrator shall confine his/her decision to the
interpretation, application or enforcement of this agreement as applicable to the facts and circumstances
presented. The arbitrator shall confine himself/herself to the issue(s) submitted for arbitration, and shall
have no authority to determine any issue(s)not properly submitted by the parties.However,if the parties
disagree as to the issue(s) for decision, the Arbitrator is authorized to frame the appropriate issue(s).
Section 5. Enforcement of Grievance/Arbitration Procedure Time Limits.
A. For the purpose of this Article, if the due date for any response or notice falls on a Saturday,
Sunday, or City-observed holiday,then the due date will extend to the next day that is not a
Saturday, Sunday or City-observed holiday.
B. All time limits set forth in this Article must be strictly observed unless extended by mutual
consent. Failure of the Association to comply with the time limits set forth,absent legitimate
excuse, will constitute abandonment of the grievance, and no further action may be taken.
Failure of the City to respond within the time limits, absent good cause, will constitute a
denial of the grievance effective the last date of the response period, and the grieving party
may proceed to the next step of the grievance procedure.
Section 6. Arbitrator's Ruling Binding; Election of Remedies.
The arbitrator's decision as to matters properly grievable under this Article is final and binding
on the parties. The parties understand and agree that filing a grievance concerning a matter properly
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grievable under this Article constitutes an election of remedies. Any appeal of an arbitrator's decision
shall be strictly and solely limited to the following grounds:
• that the arbitrator exceeded his/her authority as provided under this Agreement; or
• that the arbitrator's decision was procured by fraud, collusion or other unlawful means; or
• that the arbitrator's decision represents a clear and manifest error of law.
The Association or the City may file an appeal of the arbitrator's decision based on these limited grounds
in the District or County Court at Law in Nueces County, Texas.
Article 24
APPEALS FROM DISCIPLINARY ACTIONS
Section 1. Preemption.
The procedures provided herein preempt contrary provisions of the Civil Service Act to the extent
of any conflict. Otherwise,the procedures provided in the CSA remain applicable.
Section 2. Disciplinary Actions.
A. Fire Chiefs Authority. The Fire Chief shall have the authority to suspend, demote or
dismiss (indefinitely suspend) a Fire Fighter for violations of civil service rules. The Fire Chief also
retains his/her authority to take lesser corrective actions (e.g., reprimands, letters of counseling,
performance improvement plans,etc.). Such lesser corrective actions are not considered"discipline"and
are not subject to the disciplinary appeal process specified in this Article. Copies of lesser corrective
actions will be given to the affected Fire Fighter. The Fire Fighter may reply in a letter of rebuttal within
twenty (20) days from receipt of the lesser corrective action and such letter of rebuttal shall become a
part of the Fire Fighter's personnel file.
B. Allowable Involuntary Suspensions. The Fire Chief may suspend a Fire Fighter for a
period of not more than 30 calendar days, or indefinitely. An "indefinite suspension" constitutes a
dismissal from the Department.
C. Dismissal Creates Vacancy. A dismissal (indefinite suspension) results in the creation
of a vacancy.
1. In the case of promotional ranks,the vacancy occurs as of the date of the indefinite
suspension. Promotions into the vacancy will follow requirements established by the Civil Service Act.
2. If an indefinitely suspended Fire Fighter's appeal is sustained and the Fire Fighter
is then reinstated but the position has been filled, the Fire Chief shall request that a provisional position
be temporarily added in that rank for the remainder of the fiscal year in which this occurs. That request
may be granted,denied or modified based on the needs and budgetary constraints of the Fire Department
and the City.
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3. Nothing in this section shall be construed to divest or otherwise limit the City's
right to implement a reduction in force, as authorized in Section 143.085 of the Civil Service Act.
However, if the City implements a reduction in force rather than creating a provisional position, any
resulting reinstatement lists will remain in effect for two (2)years unless earlier exhausted.
D. Allowable Agreed Suspensions. The Chief may also suspend a Fire Fighter for 31-90
calendar days if the Fire Fighter provides written agreement accepting the suspension, and waiving any
and all rights to appeal the agreed suspension.No administrative or judicial body will have the power to
review an agreed suspension or alter its terms. However, if the terms of an agreed suspension allow
termination for a violation thereof, an arbitrator may decide whether or not a Fire Fighter has violated
the terms of the agreed suspension.
Section 3. Disciplinary Investigations & Procedures.
A. Gov't Code Chapter 614, Subchapter B Not Applicable. The parties agree that the
provisions of this Article satisfy Texas Government Code §614.021(b) and render Texas Gov't Code
Chapter 614, Subchapter B inapplicable to disciplinary actions undertaken by the Department.
B. Investigation Techniques. During the term of this Agreement, the Department's
investigations of complaints against Fire Fighters will be conducted following policies and practices
currently in effect. If a Fire Fighter is interviewed as part of the investigation, s/he will be notified in
advance of the allegations being investigated,and upon request to the Fire Chief or designee,be allowed
to have an Association representative present at the interview.
C. Notice of Contemplated Action. Prior to taking disciplinary action, the Fire Chief will
provide the Fire Fighter a written notice stating the action(s) contemplated and the reasons therefore.
The notice will also specify a reasonable deadline by which the Fire Fighter must provide the Chief with
any written or oral rebuttal to the charges.
D. Written Statement of Charges. After the opportunity for rebuttal has passed, the Fire
Chief may demote, suspend or dismiss a Fire Fighter by personally providing the Fire Fighter a written
statement of charges. If the Chief is unable, despite due diligence,to secure personal service on the Fire
Fighter, s/he may serve the written statement of charges by certified mail,return receipt requested,to the
Fire Fighter's last known address. Proof of such service upon the Fire Fighter shall be sufficient to
support any disciplinary action. Where service is by certified mail, a copy of the statement will be
delivered to the Association. A copy of the statement of charges, along with a copy of the notice of
contemplated action, shall be promptly filed with the City's Director of Human Resources.
E. Contents of Disciplinary Action Notice. The Fire Chief's written statement of charges
shall point out the particular civil service rule(s) alleged to have been violated by the Fire Fighter, and
describe the specific act(s) alleged to constitute a violation. Said statement shall inform the Fire Fighter
that s/he has 10 days after receipt of the written statement of charges to file a written appeal with the
City's Director of Human Resources.
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F. Time Limit for Disciplinary Action. A Fire Fighter may not be disciplined for alleged
violation of civil service rules that occurred more than 6 months prior to his/her receipt of the written
statement of charges. Exceptions to this time limit are as follows:
• If the Fire Fighter's conduct would constitute a felony,the Fire Chief may take disciplinary action
by the earlier of the following dates: (i)within 6 months of discovering the felonious conduct; or
(ii)the date the criminal statute of limitations runs.
• The Fire Chief may take disciplinary action against a Fire Fighter based upon his actual
conviction of a felony within 30 days after the conviction.
Section 4. Appeals of Disciplinary Actions to Arbitration.
A. Agreement Procedure Governs. Appeals initiated by a fire fighter following a
suspension, demotion, or dismissal (indefinite suspension) shall be determined by the arbitration
procedure provided in this Agreement, rather than by the Civil Service Commission.
B. Initiating Appeal. A Fire Fighter may appeal a disciplinary action by filing a written
appeal with the Director of Human Resources. To be considered timely,the appeal must be filed:
• Within 10 days of receipt of the written statement of charges, if they are delivered
personally; or
• Within 13 days from the date of mailing, if alternate service by certified mail was made.
In either case, if the last day for appeal falls on a Saturday, Sunday, or City-observed holiday, the
deadline shall be extended to the first day thereafter that is not a Saturday, Sunday, or a City-observed
holiday.
C. Selection of Arbitrator to Hear Appeal. One (1) arbitrator selected in the following
manner will hear Fire Fighter appeals of suspensions, demotions and dismissals. Upon receiving a Fire
Fighter's written appeal, the Director of Human Resources, or designee will immediately notify the
Association and Fire Chief of the appeal to arbitration. The Fire Fighter and City (the parties) shall
attempt to mutually agree on an arbitrator. If they fail to agree within 14 calendar days after the appeal
is filed, the Director; or designee, shall immediately request a list of 7 qualified neutrals from the
American Arbitration Association(AAA).The parties may mutually agree on one(1)of the 7 arbitrators.
If they cannot do so within 5 working days after receiving the list, they will select an arbitrator by
alternately striking the names on the list. The parties shall flip a coin in front of the Director,or designee
to determine who strikes first. The last name remaining shall be the arbitrator. The parties will promptly
notify the AAA of the arbitrator's selection. The AAA will notify the chosen arbitrator who, together
with the parties' representatives,will select a time,place and date for the arbitration hearing.
D. Hearing Date. The arbitrator and parties will confer to select a mutually agreed hearing
date to occur within 60 days of the arbitrator's selection. The arbitrator will resolve any conflicts
concerning establishment of a hearing date.If the arbitrator cannot make him/herself available to conduct
the hearing within 60 days,either party may request selection of a new arbitrator within 2 days of learning
that fact.In such case,the Director will request a new list of 7 arbitrators from AAA, and the parties will
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alternately strike from the new list in the manner set forth in Subsection C.The hearing will be scheduled
to take place on consecutive days (excluding weekends and City-observed holidays)without break.
E. Hearing Transcript. An official stenographic transcription of the proceedings shall be
made only upon written agreement of the parties prior to the commencement of the hearing,and the cost
of the transcript will be shared equally. If there is no agreement on this point, a party desiring to do so
may have a transcript made at that party's sole expense. However, in that case, the arbitrator will
determine whether s/he will receive a copy of the transcript. If the party not ordering the transcript
wishes to have a copy,that party will have to obtain and pay for the copy through the court reporter who
prepared the official stenographic transcription.
F. Pre-Hearing & Hearing Procedures. The following rules shall govern the conduct of
hearings and certain preliminary matters:
(1) Upon request of either party addressed to the opposing party at least two (2)
calendar weeks prior to the hearing date, the parties shall exchange the names of witnesses they expect
to call at the hearing.Except for true rebuttal witnesses whose testimony could not reasonably have been
anticipated,the arbitrator may exclude the testimony of a witness that a party failed after timely request
to identify.
(2) The parties are responsible for any cost necessary to secure the presence of their
witnesses at hearing, except that the Fire Department will make subpoenaed Fire Fighters who are
scheduled to work available to testify.
(3) The arbitrator shall have the power to subpoena witnesses, records, and other
evidence.At least 2 calendar weeks prior to the hearing,the party requesting the subpoenas shall prepare
the subpoenas and ask the Arbitrator to sign them. Each party will be responsible for serving its
subpoenas upon witnesses. Either party may request that the Arbitrator quash subpoenas issued at the
request of the other.
(4) The burden of proof shall be upon the City to establish the facts by a
preponderance of the evidence.
(5) The parties, in writing,may request discovery from each other before the hearing.
A party's failure to provide requested information within 2 calendar weeks of the request will be deemed
a denial of the discovery request. The requesting party may then petition the arbitrator to order such
discovery as appropriate to the nature of the case. 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 s/he may deem material. The
arbitrator's decision as to appropriate discovery will be final. In no event shall discovery be permitted to
delay the hearing, and in no event shall discovery be requested within 5 calendar weeks prior to the
hearing.
(6) Upon request of either party addressed to the opposing party at least two (2)
calendar weeks prior to the hearing date, the parties will exchange documents they intend to use as
exhibits at the hearing.A party's failure to disclose an exhibit at this time will preclude its use at hearing,
unless the document is used as a rebuttal exhibit, and its use at hearing could not reasonably have been
anticipated.
(7) All hearings shall be open to the public unless the parties expressly agree
otherwise in writing. In any event, the final decision of the arbitrator shall be public, although public
announcement may be reasonably delayed upon request of the parties.
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G. Arbitrator's Authority. The Arbitrator shall have all powers vested in the Civil Service
Commission under the Civil Service Act,and the Commission's rules governing demotions,suspensions
and discharges,but shall have no power to amend such rules. Unless otherwise stated in this Agreement,
the provisions of this Agreement control over conflicting provisions of the Civil Service Act and Civil
Service Commission Rules.
H. Arbitrator's Award.The arbitrator shall render an Award within 30 days of the close of
the hearing. Post-hearing briefs must be mailed to the arbitrator within seven (7) days of the close of
hearing. The arbitrator's Award shall state which particular factual charges s/he fords to be true, if any,
and the particular rules s/he fords such conduct to have violated, if any. Where some or all charges are
upheld,the Award shall state whether the discipline imposed is upheld,or whether some lesser discipline
is substituted. A Fire Fighter shall be entitled to recover back pay for any part of a suspension not upheld
by the arbitrator.
I. Arbitration Expenses. Except as regards the expenses of subpoenas, the City and Fire
Fighter shall share equally the fees and expenses of the AAA and arbitrator.
Section 5. Judicial Appeals.
With respect to dismissals,temporary suspensions and demotions,the City and Fire Fighter may
appeal the arbitrator's Award to district court on the same grounds s/he is given in the CSA to appeal the
Civil Service Commission's decision, and no greater right.
Section 6. Agreed Modifications of Contractual Time Periods.
Any deadlines or time periods set out in this Agreement with respect to disciplinary proceedings
may be modified only by written agreement of the parties. However, neither party may be compelled to
waive his/her/its right to insist upon the deadlines and time restrictions provided by this Agreement.
Article 25
SEVERABILITY
If any article or section of this Agreement is found to be invalid, unlawful, or unenforceable by
a judicial ruling or by any existing or subsequently enacted legislation, or the common law, all
remaining articles and sections of this Agreement shall remain in full force and effect for the duration
of the Agreement.
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Article 26
NEGOTIATION OF SUCCESSOR AGREEMENT
Section 1. Association Negotiating Team; Paid Time Off.
Four(4)members of the Association's negotiating team(excluding alternates),or a number equal
to the size of the City's negotiating team, if larger (excluding alternates) shall be paid as follows for
mutually-scheduled negotiation sessions:
• They will be allowed paid time off to attend agreed negotiation sessions that occur during
their regularly scheduled work hours.
• They will receive compensatory time off in an amount equal to the number of non-duty
hours spent at the negotiation session, limited to a maximum of ten (10) hours per
negotiation session.
Hours granted under this section are not considered hours worked for purposes of overtime
accrual under the F.L.S.A. and this Agreement. The time off must be scheduled and approved by the
Fire Chief or his/her designee at least one (1) shift before it is used.
Section 2. Bargaining Period.
Negotiations for a new collective bargaining Agreement shall commence in accordance
with Chapter 174 of the Texas Local Government Code, except as modified by this Agreement. The
parties shall commence negotiation for a successor agreement on an agreed date occurring no less than
180 days prior to expiration of the Agreement. The bargaining period will last 60 days from the date of
the first negotiation session, and may be extended for specified periods thereafter by mutual written
agreement. Negotiations will be considered at impasse if the parties fail to reach agreement on a
successor agreement by the end of the initial bargaining period and any agreed extensions. However,
neither party will insist to impasse upon a permissive subject of bargaining. Upon impasse, either party
may invoke the Impasse Procedure set forth in Article 27 of this Agreement.
Section 3. Designated Bargaining Representatives.
Both the City and the Association are entitled to select persons to serve as designated members
of their respective bargaining teams, and to represent them in grievances, arbitrations, and other
proceedings. However, the City will not select a Fire Fighter holding a rank below Assistant Chief to
represent the City, and the Association will not select any Fire Fighter holding a rank above Battalion
Chief to represent the Association and bargaining unit employees.
Section 4. Duty to Bargain in Good Faith.
All collective bargaining negotiations shall be conducted exclusively between the designated
bargaining representatives of the City and the Association. Neither the City nor the Association shall
make any effort to bypass the designated bargaining representatives of the other party during the
collective bargaining process for a new contract. The obligation imposed by this section is the same as
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the duty to bargain in good faith set forth in Texas Local Gov't Code §174.105. Should either party
contend the other is violating such duty,the parties shall convene as soon as possible with the assistance
of a mutually agreed upon and neutral mediator to resolve the dispute. Should mediation fail to resolve
the dispute, either party is free thereafter to seek legal recourse to remedy a claimed violation. The
negotiation period will be suspended during the time period for mediation and,if legal recourse is sought,
for the time period necessary to seek temporary injunctive relief. Thereafter, negotiations will resume,
subject to any affirmative orders from the Court on how to proceed.
Article 27
IMPASSE PROCEDURE
Section 1. Dispute Conference.
A. Impasse. Negotiations for a new Agreement shall commence in accordance with the
FPERA and Article 27 of this Agreement. An impasse occurs if the parties have reached
the end of the bargaining period and any agreed extensions without complete agreement
on a successor agreement. Neither party will insist to impasse upon a permissive subject
of bargaining.
B. Dispute Conference. The parties' bargaining teams will meet within 14 calendar days
after impasse occurs to identify items remaining in dispute. All issues about which
proposals were made on mandatory subjects of bargaining, but no agreement was
reached,will be considered disputed issues.At the conference,either party may also place
any tentative agreements reached during the bargaining period back into dispute by
offering new proposals as to those issues. However,any tentative agreements that are not
placed back into dispute by either or both parties will become part of the successor
agreement resulting from use of the impasse procedure described in this Article. At the
end of the Dispute Conference,the parties will produce an agreed list of Disputed Issues
of mandatory subjects of bargaining. Only upon mutual agreement will a permissive
subject of bargaining be included on an agreed list of Disputed Issues.
C. No New Issues Allowed. Neither party is allowed at the Dispute Conference or
throughout the rest of this Impasse Procedure to add to the Disputed Issues list any new
issues that were not included in either or both parties' proposals during the bargaining
period.
Section 2. Optional Mediation After Impasse.
At the Dispute Conference,the parties may mutually agree to utilize a mediator to assist them in
resolving the disputed issues.If either party objects,mediation will not occur and the parties will proceed
directly to Fact-finding. Mediation, if it occurs, shall extend for no more than 14 calendar days after the
Dispute Conference, unless that mediation period is extended by mutual agreement. The function and
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powers of the mediator shall be as specified in FPERA Section 174.151. Any disputed issues resolved
in mediation will be removed from the Disputed Issues list.
Section 3. Fact-finding.
A. Selection of Fact-Finding Board. If mediation does not occur, or is unsuccessful in
producing a successor agreement, the parties shall submit the dispute to a three-member
Fact Finding Board, who will be selected in the following manner. Each party will select
a Fact-fmder, and those two Fact-finders will select a third neutral Fact-finder.
B. Payment of Fact-finders and Other Expenses. The fees and expenses of the neutral
Fact-Finder shall be split equally between the City and the Association. Each party will
pay the fees and expenses of the Fact-Finder they select. All other expenses, including
but not limited to witness fees, shall be paid by the party incurring the expense or calling
the witness.
C. Issues for Fact-Finding Board Consideration.The issues for consideration by the Fact-
finding Board will be all remaining issues on the Disputed Issues list. The parties must
present the Fact-Finding Board with a package proposal consisting of the disputed issues
for the Fact-Finding Board to consider. The parties may modify their proposals on the
remaining Disputed Issues at this time, but must provide the other side a copy of the
package proposal they intend to submit to the Fact-Finding Board at least 14 days in
advance of the Fact-Finding hearing. Absent mutual agreement,only mandatory subjects
of bargaining may be submitted to the Fact-Finding Board for consideration.
D. Scheduling the Fact-Finding Hearing. The Fact-Finding Board will confer with the
parties to schedule a mutually agreed hearing date to occur within 60 days after the Board
has been selected. If the Fact-finding Board is not available to conduct a hearing within
that time period,either party may request that that the unavailable Fact-finder be selected
using the selection method set out in Subsection A above.
E. Conduct of the Fact-finding Hearing. The Fact-Finding Board will conduct a full and
fair hearing on the Disputed Issues submitted as a package proposal from each party.The
hearing will be informal and strict rules of evidence shall not apply. A stenographic
transcription of the Fact-finding hearing will be made, and will include all testimony and
exhibits introduced by the parties and accepted by the Fact-Finding Board. The cost of
producing the transcript will be borne equally by the parties.The Fact-Finding Board may
request testimony and other evidence in addition to that offered by the parties. If either
party requests, the Fact-Finding Board shall allow submission of post-hearing briefs no
later than 14 days following the close of evidence. Rebuttal briefs will not be allowed.
F. Factors Affecting the Fact-Finding Board's Recommendation.In making findings of
fact and recommendations,the Fact-Finding Board shall consider the following:
• evidence submitted to it by the parties or obtained at its direction;
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• overall total compensation in the current Agreement, including both direct salary and fringe
benefits;
• income available to the City and demands on that income;
• total compensation,hours, and conditions of employment of other public and private employees
performing similar services in public and private employment in communities deemed
comparable to Corpus Christi by the Fact-finding Board;
• total compensation, hours and conditions of employment of all employees of the City of Corpus
Christi;
• the equity of the total compensation plans within the City of Corpus Christi;
• the hazards of employment, physical, educational, and mental qualifications, job training and
skills required of a Corpus Christi Fire Fighter;
• the cost of living in Corpus Christi relative to communities deemed comparable by the Fact-
Finding Board;
• the rate of increase in the cost of living for the period covered by the preceding Agreement using
localized data to the fullest extent feasible; and
• concessions and tentative agreements made by both parties during the collective bargaining
negotiations.
G. Fact-Finding Board's Recommendation.After consideration of all evidence offered at
the Fact-Finding hearing, the Fact-Finding Board shall render a written decision making
findings of fact and recommendations as to each Issue in the submitted package of
proposals. In the Recommendation,the Fact-Finding Board shall exercise its independent
judgment and shall not "split the difference." The Fact-Finding Board will recommend
adoption of one (1) party's proposal as to each Issue, no splitting the baby, and explain
the rationale behind the recommendations on each Issue. The Fact Finding-Board's
decision, which is advisory only, shall be submitted to the City Council and to the
Association within 14 days after the hearing,or receipt of the parties' post-hearing briefs.
H. Party Meeting on Fact-Finding Board's Recommendation. The City and Association
will make a sincere and earnest effort to resolve the Disputed Issues through the fact-
finding process. Within 14 calendar days after receiving the Fact-Finding Board's
Recommendation, the parties' representatives will meet and try to reach agreement on
each Disputed Issue. Those issues agreed upon will be removed from the Disputed Issues
list. Any remaining Disputed Issues will be advanced to binding arbitration.
Section 4. Binding Arbitration.
If a successor agreement is not reached at the Party's Meeting on the Fact-Finding Board's
Recommendation, the parties will advance remaining Disputed Issues to binding arbitration in the form
of a package proposal (last best final offer). Absent mutual agreement, only mandatory subjects of
bargaining may be submitted to Arbitration for consideration. The parties may modify their proposals
on the remaining Disputed Issues at this time, but must provide the other side a copy of the package
proposal they intend to submit to the Arbitrator within 14 days after the meeting referred to in Section
3.H. The parties' representatives will meet and discuss with each other the package proposal that each
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shall present to the Arbitrator within 10 days after receiving each other's package proposal. Any final
modifications to the parties' packages will be made at this meeting. The arbitration shall be considered
by a board of three (3) arbitrators, one (1)selected by each party and a neutral selected by the chosen
arbitrators. The parties will meet within 14 calendar days after selecting the Arbitration Board to identify
those portions of the Fact-finding transcript and exhibits to place before the Arbitration Board, and will
compile an Appendix containing all such information requested by either. Within 14 days after the
Appendix is identified, the parties will send to the Arbitration Board a joint submission containing the
following:
1. The Appendix;
2. Each party's package proposal on all remaining Disputed Issues; and
3. Post-Hearing Briefs.
The City's Director of Human Resources will be responsible for assembling and providing to the
Arbitration Board the parties' joint submission, and will simultaneously provide both parties'
representatives a copy of the joint submission. Within 20 days after receipt of the parties' joint
submission, the Arbitration Board shall conduct a full and fair hearing over the parties' fmal package
proposals. The hearing will be informal and strict rules of evidence shall not apply. A stenographic
transcription of the Arbitration Board hearing will be made, and will include all testimony and exhibits
introduced by the parties and accepted by the Arbitration Board. The cost of producing the transcript
will be borne equally by the parties. The Arbitration Board may request testimony and other evidence in
addition to that offered by the parties. The Arbitration Board may also request post-hearing briefs at its
discretion. The hearing will not be closed until the receipt of the post-hearing briefs, if requested. The
Arbitration Board shall issue a binding decision selecting the package proposal of one (1) party or the
other within 20 days of the close of the hearing. The parties will be bound by the Arbitration Board's
decision as to the remaining Disputed Issues to the extent permitted by Texas law and the requirements
of this Agreement, and may appeal that decision only on the basis that the Arbitration Board's decision
constituted an abuse of discretion, did not follow the requirements of this Agreement, or the arbitration
award is not supported by legally sufficient evidence on the whole record. The decision of the
Arbitration Board shall resolve the issues for the Agreement period/duration and will not be binding
beyond the term of the Agreement period/duration.
Section 5. Resulting Successor Agreement.
Within 7 calendar days after receipt of the Arbitration Board's decision, the parties will execute
a successor agreement consisting of the following:
• Any agreements reached during bargaining,mediation, or fact-finding; and
• The package proposal on remaining Disputed Issues selected by the Arbitration Board.
Article 28
NO STRIKE,NO LOCKOUT
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Fire Fighters will not engage in any strike, work stoppage or slowdown during the term of this
Agreement. The City will not lock out Fire Fighters during the term of this Agreement.
Article 29
MISCELLANEOUS
Section 1. Amendments to this Agreement.
The Association and City, may by mutual agreement, negotiate possible changes in the
Agreement during its term. Such negotiations shall be set at the convenience of both parties. Except as
specified otherwise herein,proposed amendments to the Agreement must be agreed upon by both parties
and ratified in the same manner as this Agreement.
Section 2. Rulings and Records of Civil Service Commission.
All rules,opinions,directives,decisions,and orders issued by the Civil Service Commission shall
be preserved in written minutes.Actions taken need not be copied verbatim as long as they are accurately
summarized in the minutes. The Commission's Chair or, in his/her absence, the Vice-Chair, shall sign
the minutes. The signatures of the members concurring in the taking of 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 written records of the Commission shall be considered public records.
The City will notify the Association of any items on the Commission's agenda that may affect Fire
Fighters and/or the Department.
Section 3. Labor-Management Relations Committee.
Recognizing that cooperation between management and employees is indispensable to the
accomplishment of sound and harmonious labor relations, the City and Association agree to jointly
maintain a Labor-Management Relations Committee (LMRC). Each party will designate its LMRC
representatives. The LMRC shall meet at mutually agreed times on a quarterly basis, and may meet at
other times at the request of either party. The LMRC may discuss any problems pertaining to the
employment conditions of Fire Fighters and recommend solutions to the Fire Chief or the City.
Section 4. Identification Cards.
The City shall furnish each Fire Fighter an identification card bearing the Fire Fighter's name,
photograph, rank, and employee number. The card will also contain a space for the Fire Fighter's
signature.
Article 30
DRUG & ALCOHOL TESTING
Section 1. Drug Testing Policy& Procedure.
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The City and Association mutually recognize that Fire Fighters are called to respond to
emergency and hazardous situations without notice, and that it is essential to the interests of the City, its
citizens, and Fire Fighters themselves to ensure that Fire Fighters are not substance-impaired. To that
end, the City and Association agree to drug and alcohol testing as outlined in the Fire Department's
Alcohol & Drug Policy, appended to this Agreement as Appendix "D". No changes to this policy will
be made during the life of this Agreement except by mutual agreement of the City and Association.
Section 2. Selection for Random Drug Testing.
Fire Fighters will be selected for random drug testing on a fair and impartial statistical basis using
a computerized program operated and certified as non-discriminatory by an independent firm hired by
the City. Fire Fighters will be tested promptly upon being selected by the computer. The Fire Chief will
be included in the random testing process.
Section 3. Discipline for Drug,Alcohol Violations.
Discipline shall be in accordance with the Fire Department's Alcohol & Drug Policy and the
Civil Service Commission's Rules and Regulations.
Article 31
DEPUTY CHIEFS & ASSISTANT CHIEFS
Section 1. Deputy Chiefs.
The rank immediately below the Fire Chief rank is currently classified as Deputy Chief. Pursuant
to Section 143.014 of the Civil Service Act, each person occupying a Deputy Chief position, as
authorized by the City Council,shall be appointed by the Fire Chief at his/her discretion. Persons eligible
to be appointed as Deputy Chiefs are limited to those Fire Fighters in the Assistant Chief or Battalion
Chief ranks.
Section 2. Assistant Chiefs.
The rank immediately below the Deputy Chief rank is currently classified as Assistant Chief.
Persons eligible to be appointed to the rank of Assistant Chief are limited to those Fire Fighters in the
Battalion Chief rank.
Section 3. Number of Appointments to Deputy and Assistant Chief.
The Parties understand that it is the intention of the Fire Department to request additional
positions for a reorganization of the Department. This request will be presented to City Council for
Fiscal Year 2025. In the event that this request is granted, then during the term of this Agreement, the
Fire Chief may have no more than five (5) appointed Deputy and Assistant Chiefs. All other Assistant
Chief positions will be filled by competitive examination in accordance with the CSA and this
Agreement. The Assistant EMS Director appointment is in addition to these five (5) appointments. Any
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Firefighter appointed by the Fire Chief to the Deputy or Assistant Chief rank, serves at the pleasure of
the Fire Chief. A Firefighter who is removed from the appointed position shall be reinstated in the same
rank that the person held before appointment. The Firefighter retains all rights of seniority in the
Department.
In the event that this request is denied,the Parties agree that during the terms of this Agreement,the Fire
Chief may have no more than three (3) appointed Deputy and Assistant Chiefs. All other Assistant
Chiefs positions will be filled by competitive examination in accordance with the CSA and this
Agreement.
Section 4. Salary of Deputy Chief and Assistant Chiefs.
The Deputy Chief and Assistant Chiefs shall be compensated under the City's Managerial Pay
Plan.
Article 32
EMERGENCY MEDICAL SERVICES
Section 1. Certification Requirements.
A. Fire Fighters Hired on or before May 31, 1985.
1. Fire Fighters hired on or before May 31, 1985, need not maintain Paramedic or
Emergency Medical Technician(EMT) certification.
2. Fire Fighters hired on or before May 31, 1985, who voluntarily obtained
Paramedic or EMT certification and thereafter promoted to Firefighter II-EMS must maintain their
certification while remaining in the Firefighter II-EMS rank. However,they may allow their certification
to lapse if promoted to Firefighter II-Driver or above.
3. After five years of continuous ambulance service,Fire Fighters hired on or before
May 31, 1985 may, upon request, voluntarily demote from Firefighter II-EMS to Firefighter I, and will
no longer be used for ambulance duty. Thereafter, they may not be required to maintain Paramedic or
EMT certification.
B. Fire Fighters Hired between June 1, 1985 and December 31,2005.
1. Fire Fighters hired between June 1, 1985, and December 31, 2005, must obtain
Paramedic certification within 28 months from their date of employment as a condition of employment.
Absent mitigating circumstances, failure to obtain Paramedic certification within 28 months shall
constitute grounds for discharge.
2. Fire Fighters must maintain Paramedic certification for a minimum of eight full
years as a condition of employment.A Fire Fighter who loses Paramedic certification prior to completing
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the eight-year requirement will be granted twelve calendar months from the date s/he lost certification
to regain Paramedic certification. Any time period without certification will not count towards the
minimum eight full year requirement. Absent mitigating circumstances, failure to re-certify within 12
months after losing certification shall constitute grounds for discharge.
3. Fire Fighters who have maintained Paramedic certification for a minimum of eight
full years are not thereafter required to maintain Paramedic or EMT certification.
4. A Fire Fighter II-EMS who fails to maintain Paramedic certification will be
temporarily reassigned to Firefighter I duties immediately upon loss of certification, and will have 90
calendar days from the date s/he lost certification to re-certify. A Fire Fighter II-EMS who fails to re-
certify within 90 days will be permanently demoted to the rank of Firefighter I.However,the Fire Fighter
will retain any seniority earned in the Firefighter II rank and will be eligible for promotion to Firefighter
II-EMS if s/he thereafter obtains recertification as a Paramedic.
C. Fire Fighters Hired between January 1,2006 and July 31,2016.
1. Fire Fighters hired between January 1, 2006 and July 31, 2016 must obtain
Paramedic certification within 28 months from their date of employment as a condition of employment.
Absent mitigating circumstances, failure to obtain Paramedic certification within 28 months shall
constitute grounds for discharge.
2. Fire Fighters must maintain Paramedic certification for a minimum of eight full
years. A Fire Fighter who loses Paramedic certification prior to completing the eight-year requirement
will be granted twelve calendar months from the date s/he lost certification to regain Paramedic
certification. Any time period without certification will not count towards the minimum eight full year
requirement. Absent mitigating circumstances, failure to re-certify within 12 months after losing
certification shall constitute grounds for discharge.
3. Fire Fighters who have maintained Paramedic certification for a minimum of eight
full years are not thereafter required to maintain Paramedic certification. However, they must maintain
certification at the EMT-B level or higher for the entirety of their tenure in the Department as a condition
of employment. Failure to do so will result in discharge.
4. A Fire Fighter II-EMS who fails to maintain Paramedic certification will be
temporarily reassigned to Firefighter I duties immediately upon loss of certification, and will have 90
calendar days from the date s/he lost certification to re-certify. A Fire Fighter II-EMS who fails to re-
certify within 90 days will be permanently demoted to the rank of Firefighter I.However,the Fire Fighter
will retain any seniority earned in the Firefighter II rank and will be eligible for promotion to Firefighter
II-EMS if s/he thereafter obtains recertification as a Paramedic.
D. Fire Fighters hired on or after August 1,2016.
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1. Fire Fighters hired on or after August 1,2016 must obtain Paramedic certification
within 28 months from their date of employment as a condition of employment. Absent mitigating
circumstances, failure to obtain Paramedic certification within 28 months shall constitute grounds for
discharge.
2. Fire Fighters must maintain Paramedic certification for the entirety of their tenure
in the Department as a condition of employment. A Fire Fighter who loses Paramedic certification will
be granted twelve calendar months from the date s/he lost certification to regain Paramedic certification.
Absent mitigating circumstances, failure to re-certify within 12 months after losing certification shall
constitute grounds for discharge.
Section 2. EMS Ambulance Rotation Requirements,Exceptions & Moratorium.
A. Ambulance Rotation Requirement.
All Paramedic-certified Fire Fighters in the ranks of Fire Fighter I and Fire Fighter II-
EMS are required to participate in ambulance rotations as a condition of employment. Absent exigent
circumstances,failure of these Fire Fighters to participate in the ambulance rotation without the available
exceptions provided for in this Agreement may result in discipline up to and including discharge.
B. Exception for Fire Fighter I.
Fire Fighter I's who have been Paramedic-certified and have participated in ambulance
rotations for nine (9) years may request in writing to be removed from the ambulance rotation and
thereafter will be assigned to ambulances only during extreme conditions or emergencies.The Fire Chief
may temporarily deny such requests as allowed in Subsection D of this Section.
C. Exception for Fire Fighter II-EMS.
A Fire Fighter II-EMS may request in writing to voluntarily demote to Fire Fighter I,and
to be assigned to ambulances only during extreme conditions or emergencies, in the following
circumstances.
• Service as a Fire Fighter II-EMS for five (5)years; or
• Service in the ambulance rotation for a combined total of nine (9) years as a Fire Fighter I and
Fire Fighter II-EMS.
•
The Fire Chief may temporarily deny such requests as allowed in Subsection D of this Section.
D. Moratorium on Use of Exceptions to Ambulance Rotation Requirement.
1. The City will first use Fire Fighters in the rank of Fire Fighter II-EMS to achieve
needed ambulance staffing,but may use eligible Fire Fighter I's as needed if there are not sufficient Fire
Fighter II-EMS's available.
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2. For purposes of determining when the Fire Chief may declare a moratorium on
the ability to use the exceptions provided by Subsections B and C of this Section,the following formula,
based on EMS-eligible Fire Fighter I's and Fire Fighter II-EMS's, will be used.
• [12 x#of ambulances] + [1.5 x number of ambulances(rounded to the next highest whole
number)] =critical number [C] needed to staff ambulances
• 15 x#of ambulances=acceptable number [A] needed to staff ambulances
When the number of EMS-eligible Fire Fighters declines to level C, the Fire Chief may declare a
moratorium on the ability to use the exceptions until staffing levels return to level A.
3. The above formula is not a staffmg requirement.
Section 3. Grandfather Provision.
The parties recognize that this Article makes changes to pre-existing rights provided under prior
collective bargaining agreements.Fire Fighters who elected to opt out of ambulance rotations as allowed
under prior collective bargaining agreements are not subject to loss of that right due to the changes made
by this Agreement.
Section 4. Matters Related to Failure to Obtain & Loss of Certification.
A. Notice to Fire Chief. A Fire Fighter who loses Paramedic or EMT certification must
notify the Fire Chief within three days, including Saturdays, Sundays, and City-observed holidays, after
the Fire Fighter learns that s/he has lost certification.
B. Loss of Certification Pay. Fire Fighters will lose EMT or Paramedic certification pay
commencing immediately upon the loss of certification. If authorization to function as a medical care
provider is suspended by the Fire Department's Medical Director,the Fire Chief will provide to the Fire
Fighter written notice of the steps necessary to regain certification for those Fire Fighters eligible to
regain certification pursuant to this Agreement.
C. Fire Department Assistance. Upon request of a Fire Fighter who has failed to meet or
maintain certification requirements, the Fire Department will make available training materials or
tutorial assistance for a minimum of 40 hours. The tutorial or training assistance provided will be based
upon the recommendations of the Department's EMS training staff and Medical Director. Only if
eligible, the Fire Fighter may be reassigned to a 40-hour workweek to complete the tutorial or training
assistance. The Department assumes no responsibility for time and expense incurred should the Fire
Fighter desire training other than that offered by the Department.
Section 5. Assistant EMS Director.
A. Removal from Position.The current Assistant EMS Director,and any successors, serve
at the discretion of the Fire Chief, and may be removed from the assignment without cause. If removed
from the assignment, the Fire Fighter will be reassigned to a position at the same civil service rank s/he
held prior to his/her appointment.
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B. Employment Conditions. The Assistant EMS Director serves in the position under the
following conditions:
• Retention of Civil Service status;
• Pay and privileges of the appropriate seniority step of the Battalion Chief rank;
• Continued accrual of vacation, sick and personal leave, and seniority, as per this Agreement;
• Receipt of longevity pay as per this Agreement;
• Continued participation in the City's health and life insurance programs as per this Agreement;
and
• Receipt of$150.00 per month in lieu of paramedic certification pay.
C. Procedure for Filling Position if Vacant. The Fire Chief may fill vacancies in the
Assistant EMS Director position by appointment.To be eligible for appointment,a Fire Fighter must be:
(i) a Battalion Chief or Captain who is eligible to take the Battalion Chief Exam; and (ii) a certified
Paramedic. A person appointed from the rank of Captain is not eligible for promotion to the rank of
Assistant Chief by virtue of his/her appointment to the Assistant EMS Director position. However,if the
position is appointed from the rank of Captain, the Assistant EMS Director may participate in the
Battalion Chief assessment in order to become eligible for future promotion.
Section 6. Temporary Reassignments -Firefighter II-EMS.
A. Entitlement.A Firefighter II-EMS who is regularly assigned to EMS will,upon request,
receive temporary reassignment to non-EMS duties for up to two pay periods each six months.
B. Pay/Rank. During these voluntary reassignments, the Fire Fighter will be paid only at
the maximum Firefighter I rate for the performance of Firefighter I duties. However,the reassigned Fire
Fighter will continue to hold his/her Firefighter II rank and will be entitled to all other rights and
privileges of that rank.
C. Scheduling. Scheduling of a temporary reassignment shall be at the reasonable discretion
of the Fire Chief.
Article 33
PROMOTIONAL BYPASSES
Section 1. Involuntary Promotional Bypass.
A. Involuntary Bypass.A Fire Fighter on a promotional eligibility list may be bypassed by
the Fire Chief for a valid reason. The Fire Chief will provide his/her reasons for the bypass to the Fire
Fighter in writing.
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B. Effect of Involuntary Bypass.The name of a Fire Fighter who is involuntarily bypassed
will be returned to its place on the promotional eligibility list. A Fire Fighter who is bypassed three (3)
times without successful appeal will have his/her name removed from the promotional eligibility list.
C. Right to Appeal. The Fire Fighter who is involuntarily bypassed for promotion may
appeal the bypass decision to arbitration.The Fire Fighter's written appeal shall be filed with the Director
of Human Resources within 10 calendar days after his/her receipt of the written bypass notice. If the 10th
day falls on a Saturday, Sunday, or City-observed holiday, the appeal deadline shall extend to the next
day that is not a Saturday, Sunday or City-observed holiday.
D. Appeal Procedure and Expenses. The Fire Fighter's appeal shall be decided by one (1)
arbitrator chosen in accordance with the arbitrator selection procedure provided for in the disciplinary
appeals procedure in this Agreement. All pre-hearing and hearing procedures provided for in the
disciplinary appeals procedure by this Agreement will be followed for appeals under this Section. Except
for fees and expenses associated with subpoenas, the City and the Fire Fighter shall share equally the
fees and expenses of the arbitration.
E. Judicial Appeals. Either the City or the Fire Fighter may appeal an adverse decision to
district court, but only upon the grounds listed in Section 143.057(j) of the Civil Service Act.
Section 2. Voluntary Promotional Bypass.
A Fire Fighter selected for promotion from a promotional eligibility list may be allowed to
decline the position offered, subject to the discretion of the Fire Chief, reasonably exercised, based on
the availability of other eligible candidates and the needs of the Fire Department. If voluntary bypass is
accepted, such decision will not affect the Fire Fighter's place on the list. However, a Fire Fighter who
voluntarily declines promotions three (3) separate times as per the Civil Service Commission Rules and
the CSA, will have his/her name removed from the promotional eligibility list.
Article 34
COMPLETE AGREEMENT/PAST PRACTICE
Section 1. Complete Agreement.
This document constitutes the sole and complete agreement between the parties.It supersedes all
prior oral or written agreements or understandings between the parties except for those protected by the
express provisions of this Agreement,including those protected by Section 2 and 3 of this Article.During
the term of the Agreement 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 Agreement,or any specific obligation
to negotiate that is specifically provided in this Agreement.
Section 2. Past Practice.
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During the term of this Agreement,except as authorized in Section 3 below,the parties recognize
that some employment conditions not specifically identified in this Agreement,to the extent they involve
mandatory bargaining subjects, may be protected by the established past practice of the parties. The
Association shall have the burden of proof to establish the existence of the claimed past practice by a
preponderance of the evidence. However, nothing in this Agreement waives any defenses or exceptions
the City may have to a past practice claim.
Section 3. Limited Exception to Past Practice
The City may change those employment conditions otherwise protected by Section 2 above if
they are demonstrated, in accordance with this Section, to materially interfere with the operation of the
Department. Any such changes must be made in good faith, must not be greater in scope than is
necessary to protect the affected Department operations, must be reasonable and not discriminatory,
must be reasonably related to the safe and orderly operation of the Fire Department,and must not conflict
with any state or federal law, governmental regulation, or provision of this Agreement. With the
exception of an emergency or extreme condition, Department management will provide the Association
with reasonable notice and an opportunity to discuss any changes made under this Section prior to its
implementation.
Article 35
CONFLICT WITH CIVIL SERVICE
The parties agree that Texas Local Gov't Code §174.006 authorizes the parties to alter a"state or
local civil service provision" through collective bargaining. To the full extent authorized by §174.006,
the parties agree that the provisions of this Agreement shall preempt those portions of any state statute,
executive order, local ordinance, or rule with which they specifically conflict only to the extent of such
conflict; remaining portions of such provisions will continue to govern the parties' actions.
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Article 36
CONCLUDING PROVISION
WITNESS WHEREOF,we have executed this agreement this 13/11 day of
, 2024
CITY OF CORPUS CHRISTI CORPUS CHRISTI PROFESSIONAL
FIREFIGHTERS ASSOCIATION, LOCAL 936
Peter Zanoni, CITY MANAGER Johnny Stobbs, PRESIDENT
Michael Rodriguez, DEPUTY CITY MANAGER
ATTEST: al
I _ 11\ AUTNORILt►
v—t IT MICR <(-13
City Secretary
SKIMP
APPROVED AS TO FORM:
341, Day of A , 2024
Assistant City Attorney
80
APPENDIX"A-1"
DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Name Employee No.
(Last) (First) (MI)
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct, each pay period,the sum of$ as
certified by the International Association of Firefighters, Local 936, as the current rate of dues or an
amount as may hereafter be established by the International Association of Firefighters, Local 936, as
dues. This deduction is to be forwarded directly to the International Association of Firefighters, Local
936. 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 the failure to deduct any authorized
sum for any reason.
Signed
Date
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APPENDIX"A-2"
SPECIAL ASSESSMENT OR COPE DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,LOCAL UNION NO.936
Name Employee No.
(Last) (First) (MI)
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct a ( ) special assessment or ( ) COPE
deduction in the sum of $ as certified by the International Association of Firefighters,
Local Union No. 936. The authorization of this deduction is entirely voluntary on my part.
I understand that the City of Corpus Christi will be obligated to forward the Association only those
sums actually deducted and will not be liable for damages to me for the failure to deduct any
authorized sum for any reason.
Signed
Date
82
APPENDIX "A-3"
TERMINATION OF REGULAR DUES, SPECIAL ASSESSMENT
OR COPE DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Name Employee No.
(Last) (First) (MI)
Address Zip Code
I hereby terminate the authorization previously executed by me for a deduction for the International
Association of Firefighters, Local Union No. 936, and request that the City make no further( )
regular dues, ( ) special assessment or ( ) COPE deductions under said authorization. This
termination 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
83
APPENDIX"B"
Corpus Christi Fire Department Standard Operating
\�� Guideline/Procedure
Standard Operating Procedures 1109.01
Title: Effective Date: Rescinds: Page:
Callback Procedures 04/01/2024 84 of 9
Authorized by: Application:
Brandon L. Wade,Fire Chief Uniformed Personnel
I. Purpose
To establish procedures and guidelines for utilizing the Corpus Christi Fire Department
callback list.
II. Policy
These instructions apply to callback situations as applicable.
III. Definitions
• Administrative Chief—The on-duty Chief for the shift responsible for taking sick calls
from operational firefighters and managing the roster to make sure there is adequate
staffing and coverage for the shift.
• Contacted, Unable — shall indicate a firefighter cannot accept the callback assignment
due to previously assigned official department business (i.e., schools, etc.).
• Daily Eligibility List —A daily list composed of the top eligible firefighters from the
Daily Staffing List.
• Daily Staffing List—A list composed of firefighters needed to fulfill the daily staffing
levels of normally assigned units.
• Emergency Callbacks —A mandatory requirement to report to work in the event of an
emergency or other situation as declared by the Fire Chief or their designee. Recognizing
that both the citizens and on-duty firefighters at the scene need immediate assistance,the
Corpus Christi Fire Department may utilize any means necessary to initiate this
assistance. Firefighters called in on an Emergency Callback will not lose their place on
any callback list.
• Everbridge — An automated notification system used to contact firefighters for
emergency and non-emergency events or assignments.
• Holdover—A requirement for a firefighter to remain on duty after the completion of their
normal shift for the purposes of determining morning staffing levels and completing
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those assignments. Additionally, a holdover may be used to augment staffing during
promotional exams and other short-term assignments.
• Home Phone List — A list of firefighters who do not have a cell phone listed in
Everbridge.
• Leave —A firefighter is off work due to any scheduled leave including sick, vacation,
personal, Kelly, injury,business, or other approved scheduled leave.
• Refused—The firefighter cannot report to work for personal reasons and the firefighter
is not on an approved leave as defined above.
• Special Events Callback — Planned and/or anticipated events that allow the Corpus
Christi Fire Department adequate time for scheduling or daily staffing vacancies that
occur.
• Special Events List—A list composed of firefighters to fill positions for planned events
or vacancies that occur after 0800 roll call, except as outlined in Article VI. General
Guidelines, Section C.
IV. Responsibility
A. It shall be the responsibility of the Fire Chief, or their designee,to ensure that this policy
is adhered to when initiating a callback.
B. Corpus Christi Fire Department personnel have the responsibility and duty to report to
work when contacted and advised that an emergency exists or has been declared by the
Fire Chief or their representative.
C. The Fire Chief shall be notified if a firefighter refuses or fails to respond to duty as
ordered for an emergency callback.
D. Failure of an employee to respond to a callback during an emergency without being
excused by the Fire Chief, or their designee, may result in disciplinary action being
brought against the employee.
V. Callback Lists
A. A callback list will be created for "Special Events" and a separate list for "Daily
Staffing".
B. A firefighter's position on the Special Events List will not affect their position on the
Daily Staffing List and vice versa(i.e.,A firefighter is called back for a parade for three
hours and consents to work. They will remain in their position on the Daily Staffmg
List.).
VI. General Guidelines
A. Each callback list shall include the name, rank, certifications, (EMT, Paramedic, etc.),
and qualifications (Rescue, Hazmat, etc.) of all members of the shift. Firefighters who
do not wish to be assigned to the Special Events List, shall notify the Fire Chief in
writing.
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B. Each callback list shall contain the firefighter's telephone number that they request to be
contacted by. Home or cell phones are permissible. Pagers are not permissible.
C. Firefighters shall be called back in numerical order from the first position on a callback
list to the last position on the list. Vacancies occurring before 0830 will be filled by
attempting, in order:
1. To call back a firefighter on the Daily Eligibility List who has remained at their
station.
2. Calling back an OT eligible firefighter that is holding over at the station where the
vacancy has occurred.
3. By calling back a firefighter off the Special Events List to complete the shift at the
station in which the vacancy has occurred.
a. If using the Special Events List, it will be accomplished by calling back the first
firefighter on the list who is able to fill a position in the station in which the
vacancy occurs,which will be a firefighter who can work at the station where the
vacancy has occurred without working down in rank,except as outlined below in
Article VI. General, Guidelines Section I.
D. Once a firefighter has been called back and works overtime,or declines a Special Events
Callback,their name shall be placed in the last numerical position on the applicable list.
E. A firefighter reassigned to another shift shall be added to the Callback List for that shift
in the same numerical position held on the list before reassignment.
1. If more than one such firefighter is reassigned with the same numerical position on
the applicable callback list,placement shall be by lot.
2. A probationary firefighter will be placed in the last numerical position on the
applicable callback list for their assigned shift, provided that placement order at the
bottom of the list shall be by lot.
F. For callbacks that require staffing by specific rank, certification, or qualification, only
firefighters on the applicable callback list who possess the needed rank, certification, or
qualification shall be eligible for the callback.
G. For EMS callbacks, Firefighter I Paramedics, FFII EMT, and EMT-Ps assigned to EMS
are qualified as per Article 32, Section 1 of the Collective Bargaining Agreement shall
be considered eligible. Firefighter I Paramedics who have served five years as a FFII
EMS will not be called back for EMS staffing. Medic unit staffing shall include at least
one Paramedic.
H. To facilitate callbacks requiring the use of EMS certified personnel, a code shall be
placed next to the rank of each firefighter on the list.
1. A "P" shall designate Firefighter I and Firefighter II EMS personnel who are
qualified as per Article 32, Section 1 of the Collective Bargaining Agreement. In
addition, FFIs who have previously served five years as a FFII EMS will not be
required to work an EMS callback and will not have a"P"designation.
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I. FFII EMS personnel routinely perform fire suppression duties in addition to EMS
duties. For purposes of this policy, FFII EMS personnel shall be utilized in either
position.
J. Personnel who are not immediately available to answer the telephone will not be
considered"unable to contact".
K. Firefighters who are on sick leave will not be eligible for overtime until reporting back
to duty or to other scheduled leave (i.e., vacation, Kelly, PL, etc.). Firefighters who are
contacted while on vacation, Kelly day, or personal leave may reject a Special Event
Callback without being dropped to the bottom of the list.
VII. Daily Staffing Guidelines
A. This procedure will be used when the Fire Chief, or their designee, determines it is
necessary to utilize the callback list to maintain the daily staffing needs of the
department. This list shall be a separate list from the Special Events List.
B. To maintain daily staffing levels,this procedure will utilize personnel in their numerical
order on the Daily Staffing List, not rank for rank. The Fire Chief's designee will make
every attempt to utilize the list in numerical order, except in situations where the
firefighter would be required to perform in a lower rank as noted in Article VI. General
Guidelines, Section I.
C. It is the responsibility of each firefighter to be adequately prepared to immediately report
to duty when called back for Daily Staffing. If the firefighter is unable to immediately
report to duty at the assigned station upon being properly relieved, then the firefighter
shall be considered to have refused and their name shall be placed at the bottom of the
Daily Staffing List.
D. Firefighters who are called in for an overtime assignment must report to and complete
the assignment in person. Firefighters who are on approved leave shall not be considered
for Daily Staffing Callback. Standby periods for up to four hours are acceptable,
provided that the firefighter who accepts the callback assignment is available to report
to the assigned station immediately.
E. Firefighters may not perform the duties of those in a lower rank except as noted in Article
VI. General Guidelines, Section I. (i.e., a Captain will not be called to fill a FFI
assignment, etc.).
F. Firefighters who have been scheduled to "act" may be reassigned to accommodate a
firefighter who is called back for Daily Staffing. Reassignment is at the discretion of the
Fire Chiefs designee.
G. An EMS Supervisor/Field Medical Officer vacancy shall be filled by using a Firefighter
II EMS assigned to the shift and approved to "act" as EMS Supervisor/Field Medical
Officer or a current assigned EMS Supervisor/Field Medical Officer if they are next on
the eligibility list.
H. Firefighters may be assigned to a medic unit when called in for Daily Staffing Callback,
if the firefighter has worked a 24-hour shift on a medic unit immediately preceding the
callback and the firefighter agrees to work the assignment. If the firefighter declines the
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assignment and there is no other suppression assignment available, he or she will not
lose their spot on the Daily Staffing List.
VIII. Daily Staffing Procedure
Firefighters shall have the right to refuse assignment for daily staffing without jeopardizing
their position on the callback list, except in situations as listed below.
A. As per the Collective Bargaining Agreement, firefighters should notify the
Administrative Chief on duty immediately when the employee knows they will be absent
because of illness. If such a determination is made by the employee past midnight, it is
acceptable to report the illness between 0630 and 0700. In all cases, a report of illness
should be made no later than 0700.
B. During each shift, the Administrative Chief shall make arrangements to fill anticipated,
scheduled vacancies for the following shift by reassigning firefighters, and/or assigning
firefighters to "act". This list will be left available for the on-coming Administrative
Chief to utilize for callback.
C. At morning roll call, the Station Captain shall furnish the Administrative Chief with the
daily staffing overtime availability of firefighters under their command for the following
shift.
1. The Administrative Chief shall publish a list of the top eligible firefighters available
for callback for daily staffing prior to noon.
2. The number of firefighters on the list will depend upon the anticipated needs of the
department.
3. The Administrative Chief shall provide the names of at least 20 firefighters above
the number anticipated to be needed. For example, if the shift is anticipated to be
three firefighters short,the Administrative Chief shall publish a list of at least the top
23 eligible firefighters.
4. Those firefighters on the Daily Eligibility List shall remain on duty until 0800 to be
available for callback assignment.
5. Those firefighters on the Daily Eligibility List who are offered a scheduled Special
Event assignment for the following day, may decline the Special Events assignment
and will remain in their current position on the Special Events List.
D. Once the Daily Eligibility List is posted and a change occurs in the firefighter's
availability status, they must contact the Administrative Chief as soon as possible, but
no later than 2200.
1. A change in condition or refusal that occurs between the hours of 2200 and 0800 will
result in the firefighter's name being placed at the bottom of the Daily Staffing List
(the firefighter will only be placed at the bottom of the list if the number of needed
callbacks meets or exceeds their number/position on the list. This cannot be
determined until after sick calls have been taken).
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E. Eligible firefighters on the Daily Eligibility List who previously declared available for
callback and have not remained available at their station when contacted by the
Administrative Chief will be placed at the bottom of the list.
1. The morning announcement of"0800 morning roll call" will serve as the official
time for purposes of being placed at the bottom of the Daily Staffing List.
2. In the event "0800 morning roll call" is not announced at the appropriate time, the
Station Captain should contact their Battalion Chief.
3. Firefighters on the Daily Eligibility List who have remained available at their station
after 0800 may be contacted for callback if a staffing need arises.
4. If contacted after 0800, these personnel may reject the assignment without loss of
position on the Daily Staffing List.
5. However, if they accept the assignment, they will drop to the bottom of the Daily
Staffing List if the assignment is for a 24-hour period.
F. Should a vacancy occur following the"0800 morning roll call",the Administrative Chief
may attempt to contact those firefighters available as outlined in Article VI. General
Guidelines, Section C.
G. The Administrative Chief shall make every effort to notify personnel that they will be
used on a callback as early as possible.
H. Firefighters shall be called back in their numerical order on the callback list not rank for
rank unless it is for deployment as outlined in Article X. Deployment Callbacks.
IX. Special Events List
A. Special Events will include callbacks for events that allow the Corpus Christi Fire
Department adequate time for scheduling. This will include jury duty,parades,and other
planned events. This list shall also be used for staffing regularly assigned apparatus after
0830 except as noted in Article VI. General Guidelines, Section C.
B. Once a firefighter is called back for overtime on a scheduled event, or refused an offer
for callback,their name will be placed at the bottom of the Special Events List. However,
their name will remain unaffected on the Daily Staffing List.
C. Firefighters will be called back for Special Events in a timely manner whenever possible.
To accommodate the needs of the Corpus Christi Fire Department and the needs of the
firefighter, the callback will be scheduled as far in advance as practical. Additionally,
there is no requirement to be on duty for a complete shift to be called back for a future
Special Event.
D. Firefighters who are called back off the Daily Staffing List and a change in staffing
occurs during the overtime shift where the firefighter is no longer needed for staffing and
is sent home,the firefighter's callback will be converted to Special Events and they will
remain in the same position on the Daily Staffing List prior to the callback.
E. Callbacks for Special Events that occur after 0800 may be done using the Everbridge
notification system.
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1. All firefighters eligible for the Special Events overtime will be notified via the
Everbridge system of the staffing vacancy and will have 10 minutes to reply that they
are available.
2. After the 10 minutes have elapsed, the Administrative Chief will identify those
firefighters who are available and will notify and award the eligible firefighter that
is highest on the Special Events List with the overtime assignment.
F. Callbacks for Special Events that are planned for the following day may be done
using the Everbridge notification system
1. For a known planned event for the following day,the Administrative Chief will send
out an Everbridge message to all eligible firefighters. They will also call each
firefighter at their station who has their home number listed on the callback books.
2. At the four-hour mark after the initial Everbridge page goes out, the Administrative
Chief will award the Special Event to the highest firefighter on the callback list that
is eligible for the callback.
3. Using this procedure, firefighters who are not available will not be dropped to the
bottom of the list. If at the end of the four hours, the Administrative Chief is unable
to fill the vacancies using this procedure,he will revert to calling individuals at their
stations in eligible order. Those refusing the callback will then be dropped to the
bottom of the Special Events List.
X. Deployment Callbacks
It is recognized that the Corpus Christi Fire Department takes part in statewide and federal
responses to emergencies. The deployment of members creates vacancies in operations for
daily staffing. The Corpus Christi Fire Department will fill any vacancies in operations daily
staffing created by deployment. Daily staffing will be filled with the following procedures:
A. The Corpus Christi Fire Department will authorize the use of overtime to fill daily
staffing vacancies created by deployment regardless of whether the department is at
minimum staffing. This overtime will be called deployment backfill.
B. For deployments that are scheduled or ongoing,the Corpus Christi Fire Department shall
utilize the Daily Staffing List to fill daily staffing needs according to the department's
staffing policy.
C. For"just in time"deployments in which on-duty members are activated for deployment
during their shift,the department shall utilize the Special Events List to fill daily staffing
needs.
D. The deployment backfill callbacks will attempt to be filled rank for rank using the
eligibility lists and procedure noted above in Article VII. Daily Staffing Guidelines, but
callback for deployed members by rank first. If rank for rank is not achievable due to
availability,then the next lower rank will be utilized to fill the position.
E. Examples of this would be as follows:
• Example—If the daily minimum staffing number is 108,and if all members who are
deployed were on duty for the shift the department would be at 112 for daily staffing,
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the department would utilize deployment backfill overtime to achieve the original
112 daily staffing. Members would be called back from the appropriate callback list,
rank for rank as noted above in Article X. Deployment Callbacks. Section D.
• Example — 1 Battalion Chief (BC), 1 Captain, and 1 FFII Eng are deployed, the
highest available BC, the highest available Captain, and the highest available FFII
Eng would be called back for deployment backfill using the eligibility roster. If a
BC, Captain, or FFII Eng rank does not have a person on the eligibility list of the
same rank available to fill the position,then the next lower rank would be used if the
firefighter has the qualifications to "act"in that capacity.
• Example — If the daily minimum staffing number is 108, and if five members who
are deployed were on duty for the shift the department would be at 105 for daily
staffing that shift,then the department would utilize deployment backfill overtime to
fill the first five positions rank for rank utilizing the proper list as noted above. The
remaining three positions needed to get to minimum staffing at 108 would be filled
using the highest available person on the eligibility list as directed above in Article
VII. Daily Staffing Guidelines. If a FF rank is not available,then a FFII EMS can be
used.
XI. Directions for Completing Callback Lists
A. The person making the calls will enter the correct code,date(mm/dd/yy),time, and their
own initials. The actual time contacted shall be noted.
B. The Fire Chief's designee will ensure that the list is updated weekly and published on
the Corpus Christi Fire Department's intranet site.
C. The off-going shift is the shift which shall be contacted first during a callback.
D. The contact procedure will be as follows:
• A-shift will contact C-shift.
• B-shift will contact A-shift.
• C-shift will contact B-shift.
E. Each Special Event requiring a callback is a new incident and will require beginning at
the top of the list. This will ensure that firefighters that have remained in their position
on the list, are called first.
1. Starting at the top, contact each firefighter who does not have a"C.R." (Contacted,
Refused), or a"C.W." (Contacted,Worked)by their name.
2. In the event that more than one firefighter is needed at the same time during the shift
for Daily Staffing, the Administrative Chief shall not start over at the top of the
Special Events List but shall begin with the eligible firefighters in numerical order
that do not have a"C.R." or"C.W." code on the same date.
F. During an emergency, personnel living outside the city limits may be excluded from a
callback as per Article 20, Section 3, subsection C of the Collective Bargaining Contract.
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G. The following codes should be used when noting the status of a contact attempt:
CODE EXPLANATION REMAIN IN POSITION ON LIST
• C. R. Contacted Refused. Yes-Daily Staffing,No- Special Events
• C. W. Contacted and Worked. No
• C. L. Contacted, but on Leave. Yes
• I. P.N. Incorrect Phone Number. Yes
• U. C. Unable to Contact. Yes
• C. T. Contacted, but on Trade. Yes
• C. U. Contacted, Unable. Yes
If an issue arises that necessitates a change in the policy, it can be changed if mutually agreed to
by both parties.
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APPENDIX"C-1"
GRIEVANCE FORM
Date:
CASE NO.:
Name Title
I have discussed this complaint with my supervisor, and received his verbal answer on(date)
. Because this answer is unacceptable to me,I wish to file my grievance complaint
to Step 2.
1. Brief Statement of Grievance and the Facts or Events on which Grievance is Based:
2. Section(s) of contract alleged to be violated:
3. Remedy or adjustment sought by Grievant/Union:
Grievant/Union Grievance Committee Chairman Date
(Chairperson)/Union President's Signature
Union Grievance Committee Chairman(Chair- Date Received
person)/Grievance Committee Member
Fire Chief or Designee Date Received
*Submit all prior Grievance and Response Forms together at each Step of the Grievance
Process
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APPENDIX"C-2"
RESPONSE OF UNION GRIEVANCE COMMITTEE
STEP2
CASE NO.:
Name Title
On day of , 20 , the Grievance Committee met to consider the attached
Grievance and made the following determination.
This is a valid grievance and should proceed to Step 3.
No valid grievance exists and no further proceeding is necessary.
Union Grievance Committee Chairman Date
(Chairperson)/Grievance Committee Member
Fire Chief or Designee Date Received
*Submit all prior Grievance and Response Forms together at each Step of the Grievance
Process.
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APPENDIX"C-3"
RESPONSE OF FIRE CHIEF
STEP 3
CASE NO.:
Name Title
Response:
(Attach additional pages if necessary)
Fire Chief Date
Union Grievance Committee Chairman Date Received
(Chairperson)/Grievance Committee Member
The Grievance is not resolved at Step 3 and is submitted by the Union Grievance Committee to the City
Manager for a Response at Step 4.
City Manager's Office Date Received
*Submit all prior Grievance and Response Forms together at each Step of the Grievance Process.
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APPENDIX"C-4"
RESPONSE OF CITY MANAGER
STEP 4
CASE NO.:
Name Title
The attached Grievance being received on _ , 20_, the following is the City
Manager's Response:
City Manager Date
Grievance Committee Chairman Date Received
(Chairperson)/Grievance Committee Member
*Submit all prior Grievance and Response Forms together at each Step of the Grievance
Process.
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APPENDIX "D"
Fire Department's Alcohol and Drug Policy
A. INTRODUCTION
The Corpus Christi Fire Department has a responsibility to provide the highest level of public
safety service attainable by a City. All employees of the Department share in this responsibility.
The sensitive position of all firefighters involved in fire suppression and/or emergency medical
services or other assigned duties requires assurance that there is no use of illegal or prohibited
drugs. It also requires assurance that firefighters are not under the influence of alcohol while on
duty.
The City of Corpus Christi is also obligated under the Drug-Free Workplace Act of 1988 to
provide and maintain a workplace free of illegal or prohibited drugs.
B. EFFECTIVE DATE AND EMPLOYEES COVERED.
The amendments provided by this policy become effective upon execution of the 2016-2020
collective bargaining agreement between the City and the Union and will be incorporated into the
Fire Department General Manual to be effective as of that date.
This policy applies to all sworn personnel and cadets in the Fire Department,regardless of rank
or assignment. All civilian personnel are covered under the citywide policy (H.R. 15.0).
C. PROHIBITIONS:
This policy prohibits:
1. The use, unauthorized possession, manufacture, distribution or sale of illegal drugs or drug
paraphernalia.
2. The unauthorized use, possession, manufacture, distribution or sale of any controlled
substance.
3. The presence of a detectable level of any illegal drug or unauthorized controlled substance or
any metabolite of any such substance in the body upon being tested.
4. Being under the influence of alcohol or possessing alcohol while:
(a) operating or occupying any city vehicle at any time; or
(b) at any location during the firefighter's working hours including all lunch and break times.
5. Use of alcohol while off duty in violation of Civil Service Commission Rules and Regulations,
and Chapter 143, Local Government Codes.
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6. Unauthorized storage in any locker, desk, City vehicle or other repository on City premises or
worksites of any illegal drug, drug paraphernalia, unauthorized controlled substances or
alcohol.
7. Switching or adulterating any breath or urine sample submitted for testing.
8. Refusal to consent to testing and submit a specimen for testing when required under this policy.
Consent is indicated by signing any form required by the City's Medical Advisor or laboratory
collecting the specimen for testing.
9. Failure to pass any drug or alcohol test administered under this policy.
10. Refusal to consent to inspection of any desk,locker or other City property under a firefighter's
control when requested by a supervisor or law enforcement officer
11. Arrest or conviction for any drug or alcohol-related crime committed at any time.
12. Failure to notify the Fire Chief within five (5) days after arrest or conviction for any drug or
alcohol-related crime committed at any time.
13. Failure to report to his/her supervisor the use of any controlled substance prescribed by a
physician or non-prescription drug which may impair the firefighter's ability to safely and fully
perform his/her duties.
14. Failure to keep prescribed drugs in their original container which identifies the drug, date of
prescription and prescribing physician or provide other proof of drug prescription and
prescribing physician.
15. Failing to adhere to the provisions of any agreement executed by the firefighter which requires
treatment or counseling for alcohol or drug abuse.
16. Refusing to sign a statement agreeing to comply with this Alcohol and Drug Policy.
17. Knowingly,taking prescribed medication in a manner or dosage other than as prescribed.
D. DEFINITIONS UNDER THIS POLICY
1. ILLEGAL DRUG: includes heroin,cocaine,crack cocaine, cannabinoids(marijuana,hashish,
THC), PCP (phencyclidine), LSD (lysergic acid diethylamide) and any other controlled
substance not validly prescribed by a physician.
2. CONTROLLED SUBSTANCE: includes all of the above illegal drugs plus any other
substances covered by Schedules I through V of the federal Controlled Substances Act (21
U.S.C. 801 et seq.) or the Texas Controlled Substances Act (Chapter 481, Texas Health and
Safety Code). Controlled substances include amphetamines, barbiturates, methadone,
benzodiazepines, methaqualone, morphine, codeine and anabolic steroids, A controlled
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substance is "unauthorized" if the firefighter does not have a valid prescription for that
substance at the time of its use or possession.
3. CITY PREMISES OR WORKSITES: include all property, buildings, structures, job sites
(where a firefighter is working), parking lots, and means of transportation owned, leased, or
otherwise used for City business including motor vehicles, equipment, or machinery. An
employee's vehicle is also included in this defmition when being used to conduct City business
or when parked during an employee's working hours,including lunch or break times;provided
however,that personal vehicles parked on city property may only be inspected or searched by
law enforcement personnel based on probable cause.
4. FAILING A DRUG TEST: is defined as a confirmation of initial test results which show
positive evidence of the presence of an illegal drug or unauthorized controlled substance in the
body.
5. PASSING A DRUG TEST: is defined as initial or confirmation test results which do not show
evidence of the presence of an illegal drug or unauthorized controlled substance in the body.
6. DETECTABLE LEVEL: is defined as a quantity of a drug or drug metabolite equal to or
greater than the detection limit for that substance as established by the testing laboratory,with
the Chiefs and Union's approval.
E. DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY
1. The following violations of this policy shall be grounds for termination.
a. unauthorized possession, use, manufacture, distribution or sale of any illegal drug, drug
paraphernalia or controlled substance while on duty, in a City vehicle or on break time or,
b. use without authorization of alcohol while on duty or while occupying any City vehicle
or during break period,
c. failing a drug test administered under this policy.
2. Any firefighter who violates any other provisions of this policy shall be disciplined up to
and including termination.
3. No firefighter may be disciplined for reporting to duty when ordered to do so, if the
firefighter has disclosed any consumption of alcohol during his/her off duty hours.
F. DRUG TESTING
Drug testing will be conducted using a laboratory certified by the Department of Health and
Human Services (NIDA). Chain-of-custody procedures will be followed to account for the
integrity of each urine sample by tracking its handling and storage from point of specimen
collection to final disposition of the specimen.
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Each specimen submitted for testing under this policy shall be split and a sample shall be
reserved for an independent analysis in the event of a positive result.
Each specimen submitted for testing under the testing provision of this policy with the
exception of pre-employment,will be assayed for the presence of the following compounds.
EMIT SCREEN GC-MS CONFIRMATION
DETECTION LEVEL DETECTION LEVEL
DRUG GROUP ng/ml* ng/ml*
Amphetamine 1,000 500
Barbiturates 300-1000 200
Benzodiazepines 300 200
Cocaine Metabolites 300 150
Marijuana 50 15
Metabolites 300 300
Methadone 300 200
Methaqualone 300 200
Opiate Metabolites 300 300
Phencyclidine 25 25
Propoxyphene 300 200
*nanograms/milliliter
The laboratory will also assay each specimen for signs of possible adulteration. Specimen
alteration assays will consist of two or more of the following:
* Creatinine
* Chloride
* Specific Gravity
* Ph
Pre-employment testing shall utilize the SAP 10.
The initial test(also known as a screening test)shall be a enzyme immunoassay screen(EMIT)
to eliminate"negative"urine specimens from further consideration.
If the initial test indicates a positive result, a confirmation test by gas chromatography/mass
spectrometry (GC/MS)will be used to confirm the presence of a specific drug or metabolite. The
confirmation test shall be independent of the initial test and uses a different technique and chemical
principle from that of the initial test in order to ensure reliability and accuracy. For classes of
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drugs where GC/MS is not an approved confirmation procedure, an alternative confirmation test
will be used.
The Chief shall designate a Testing officer with full authority to order personnel compliance
to oversee the integrity of the drug testing procedures and general administration of this policy.
The Testing Officer's specific responsibilities and duties shall be established by the Chief.
Drug testing under this policy will include:
1. Pre-employment: All job offers are contingent upon passing a drug test. Applicants who fail
a drug test will be ineligible to apply for employment in the future.
2. Post-accident: Any firefighter, up to and including the Fire Chief,who,while operating a City
vehicle, is involved in an accident, shall submit to drug and alcohol testing. The test shall be
performed as soon as possible.
3. Reasonable Suspicion: If individualized reasonable suspicion exists that any firefighter has
used or possessed an illegal drug or unauthorized controlled substance or has violated the
alcohol-related provisions of this policy, the Chief may order the firefighter to submit a urine
and/or blood specimen for alcohol and/or drug testing.
4. Random Testing: The Fire Department shall be divided into groups consisting of the following
work sites or groups:
Administrative Offices(Includes the Fire Chief)
Training Center
Fire Prevention&Arson Investigation
Warehouse
Each Station will consist of 3 separate groups (A, B, & C shifts)
Three additional groups will be added upon opening of a new station.
Random drug testing shall occur by the random selection of one of the above work groups or sites.
The testing agency shall provide a computer-based random selection of the group to be tested each
month. Two groups will be selected and tested each month. The Chief, or designee, will notify
the employees selected for a test within no more than three(3)hours of the testing. Any firefighter
either permanently or temporarily assigned, including members working trades for regular
firefighters, shall be subject to testing.
All testing will be conducted on site. Personnel not tested on site will be required to report to a
designated lab within 3 hours of notification by their supervisor.
Employees on vacation, sick leave, other leave, or on City business outside the city, will not be
notified or have to take the test.
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G. COMPLIANCE WITH POLICY
1. Applicants and firefighters subject to testing will have the opportunity to submit a list of
prescription and non-prescription drugs they have used in the last thirty (30) days and to
explain the circumstances surrounding the use of such drugs to the MRO before a decision
regarding test results is made.
2. Any firefighter who has agreed in connection with a prior violation of this policy to submit to
random testing for a prescribed period of time (maximum of one (1) year) may be tested as
described in the agreement signed by the firefighter.
3. A firefighter with an alcohol content of.04% will be presumed to be under the influence of
alcohol for purposes of this policy.
4. If the Medical Review Officer's (MRO) review of drug test results indicates a legitimate
medical explanation for the confirmed positive test result, no further action will be taken
against the firefighter and an applicant will be eligible for hire.If the MRO's review determines
there is no legitimate medical explanation for the confirmed positive test result,the firefighter
will be subject to disciplinary action up to and including discharge upon the first offense.
H. MEDICAL REVIEW OFFICER
The Medical Review Officer (MRO) for the City of Corpus Christi will be a City's Medical
Advisor or any physician designated by the City Manager who is a licensed physician with
knowledge of drug abuse disorders and certified as a Medical Review Officer for drug testing.
The MRO shall review all drug testing results he/she receives and interpret confirmed positive
test results to determine if there is an alternative medical explanation of the confirmed positive
result.
I. ALCOHOLISM AND DRUG ADDICTION
While occasional or"social"use of drugs and alcohol can become detrimental to the workplace
and to personal health, we recognize that alcoholism and drug addiction are medical disorders
which can be treated. The City of Corpus Christi believes it has a responsibility to provide
assistance to our employees through the Employee Assistant Program,but the initiative in seeking
such help is the responsibility of the firefighter.
Firefighters who voluntarily seek diagnosis and accept treatment for alcohol or drug-related
problems before the problem becomes evident, will be offered rehabilitation help on a strictly
confidential basis using the leave policies currently available for other health-related problems.
Whether voluntary or mandatory rehabilitation is required,these costs are the responsibility of the
firefighter. Medical Plan Insurance may be used to the extent provided under the individual's
health insurance coverage. If misconduct or declining job performance brings illegal or non-
prescribed drug or alcohol abuse problems to light, the firefighter will be subject to appropriate
disciplinary action.
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J. IMPLEMENTATION OF DRUG-FREE AWARENESS PROGRAM
The Drug-Free Awareness Program will provide an ongoing education effort for the
firefighters to prevent and eliminate drug and alcohol abuse that may affect the workplace. This
program will cover:
1. The dangers of alcohol and drug abuse in the workplace;
2. This Alcohol and Drug Policy;
3. The availability of treatment and counseling for firefighters voluntarily seeking such
counseling through the Employee Assistance Program; and
4. The discipline which will be imposed for violations of this policy.
Supervisors are the "keys" to successfully implementing this policy. Initial and ongoing
supervisory training will be mandatory for supervisors and will cover the following areas:
1. Identifying and documenting job performance and on-the-job behavior which may reflect the
impact of personal problems;
2. Identifying evidence of on-the-job use or presence of alcohol or drugs;
3. Procedure for referral of troubled firefighters to the Employee Assistance Program;
4. Procedure for testing firefighter suspected of violating this policy;
5. Constructive confrontation techniques;
6. Orientation on drug procedures and technology; and
7. Procedures for conducting workplace inspections.
Cadets will be trained on this Policy at the Academy and new supervisors will be trained
through recurring sessions provided on the Training calendar.
K. RECORDS PROCEDURES
1. RELEASE OF INFORMATION:
Requests for employment verification or references for an individual terminated under this
policy shall be forwarded to the Human Resources Department for response. For Texas
Employment Commission hearing on granting unemployment insurance, the City will cite a
rules violation as the reason for termination and will supply a copy of the letter of termination
which states specific reasons. Where there is doubt about the release of information,the Legal
Department shall be consulted for guidance.
2. REPORTING CONVICTION TO FEDERAL AGENCY:
In compliance with the Drug Free Workplace Act, the Human Resources Department will
notify the appropriate federal agency within ten (10) days after receiving notice from the
firefighter of a conviction under criminal drug statutes.
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APPENDIX"E"
Team Member Participants for 2024 Collective Bargaining Negotiations Between the
City of Corpus Christi and the Corpus Christi Professional Firefighters' Association
City Team Members
Gabriel A. Rodriguez, Lead Negotiator
Michael Rodriguez
Rebecca Castillo
Eddie Houlihan
Dep. Chief Doug Matthijetz
Asst. Chief Randy Paige
City Alternate Team Members
Lilia K. Castro
Odette Cruz
Amy Cowley
John Juarez
Dezerae Carmona
Will Durham
Association Team Members
Johnny R. Stobbs, Lead Negotiator
Arturo Caceres
Ronald Crabtree
Anthony Keith
Jack Arnold
Chris Guilianelle
Randy Smart
Jason Cook
Association Alternate Team Members
Steve Bowers
Justin Drexler
Cody Eyring
John Mora
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