HomeMy WebLinkAbout17965 ORD - 12/07/1983ii
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION FOR FISCAL YEARS
1983-84 AND 1984-85, PURSUANT TO COLLECTIVE BARGAINING
NEGOTIATIONS; AMENDING AND DELETING VARIOUS FIRE AND POLICE
CONTRACT -RELATED SECTIONS OF COMPENSATION ORDINANCE 8127;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized to
execute a contract with the Corpus Christi Police Officers' Association for
fiscal years 1983-84 and 1984-85, pursuant to collective bargaining negotiations,
the terms, conditions, and purposes being specifically set forth
in the said contract, a true copy of which is attached hereto and made a part
hereof, marked Exhibit A.
SECTION 2. That the following, sections of Compensation Ordinance No.'
8127 are hereby deleted in their entirety:
Section 501.6
Section 501.7
Section 552.6
Section 552.10
Section 702
Section 702.1
Section 702.2
Section 702.3
Section 702.4
Section 702.5
Section 704
Section 704.1
Section 704.2
Section 706
Section 708
Section 900.5
Section 957
Section 957.1
Section 957.4
Section 957.5
Section 958
SECTION 3. That Section 705 of Compensation Ordinance No. 8127 be
amended to hereinafter read as follows:
705. Field Training Officer Pay
Field Training Officer Pay at the rate of $46 per pay period
may be granted by'the Police Chief in addition to regular
179
IV 2 81984
.MICROFILMED
pay to all officers for such duties as may be required in
training and evaluation of recruit officers.
SECTION 4. That Section 707.1 of Compensation Ordinance No. 8127 be
amended to hereinafter read as follows:
707.1 The City shall pay 100% of the cost of $50,000 term
life insurance for all employees classified within the
Managerial Group with the exception of the classification of
Police Captain and all fire classifications below the rank
of Fire Chief. An additional $50,000 term life insurance
shall be made available to these employees on an optional
basis at personal expense.
SECTION 5. That section 952.2 of Compensation Ordinance No. 8127 be
amended to hereinafter read as follows:
952.2 Any employee of the Sanitation Division required to
work on a sixth day in any week will, when absent on the
sixth day, due to "sick leave", as defined below, be charged
one full day of sick leave. Such sick leave allowance may
be used only by an employee when incapacitated to perform
his duties due to sickness or non -service -connected
disability, when quarantined, or in the event of a serious
illness or death in the employee's immediate family. All
foreseeable leaves for such purposes shall require specific
prior approval of the department head. In the event of sick
leave for any purpose, the department head may require a
certificate of a medical doctor or other competent
professional individual giving information as to the
circumstances involved. The immediate family for these
purposes shall be regarded to include the parents, spouse,
children, brothers, sisters and immediate in-laws in any
case, and also shall include grandparents and grandchildren
when living in the household of the employee.
SECTION 5. That section 952.3 of Compensation Ordinance No. 8127 be
amended to hereinafter read as follows:
952.3 With the exception of Police Officers and
Firefighters, payment of accrued sick leave not to exceed 90
working days shall be paid to employees or their
beneficiaries upon termination due to TMRS retirement of any
full-time employee, termination at age 62 or over upon
completion of a minimum of 10 years continuous service with
the City, disability retirement in accordance with TMRS or
Social Security regulations, or death. Payment of such
accrued sick leave- shall be at the rate of the employee's
last monthly salary or hourly rate for an equivalent period.
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
maintaining efficient administration of City affairs by executing the above
contract, such finding of an emergency is made and declared requiring suspension
of the Charter rule as to consideration and voting upon ordinances or
resolutions at three regular meetings so that this ordinance is passed and shall
take effect upon first reading as an emergency measure this the 7th day of
December, 1983.
ATTEST:
-C"64i'l'Avii
it ecretary
APPROVED: ?nt DAY OF DECEMBER, 1983
t.
d. Bruce Aycock, C/IJy Attorney
MAYOR
THE CITY F CORPUS CHRISTI, TEXAS
AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
AUGUST 1, 1983
TABLE OF CONTENTS
Page
Article I - Preamble 1
Article II - Definitions 2
Article III - Association Rights 4
A. Association Recognition and Scope of Unit - 4
B. Payroll Deduction of Dues 4
C. Time Off for Association Business 5
D. Bulletin Boards 6
Article IV - Management Rights 7
Article IV -A - Disciplinary Action 12
Article V - Association Duties 21
Prohibited Practices 21
Article VI - Management Duties to the Association 23
Article VII - Grievance Procedure 24
Article VIII - Employee Economic Benefits 28
A. Workweek 28
B. Overtime 28
C. Health Insurance and Life Premiums 29
D. Ranks and Wages 30
Police Salary Schedule 31
E. Court Time and Call Back 32
F. Educational Incentive Pay 32
G. Clothing and Equipment 34
H. Holidays 35
I. Vacations 36
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TABLE OF CONTENTS - cont'd.
Page
J. Military Leave 36
K. Special Leave 37
L. Injury Leave 38
M. Other Leave Time Policies 39
N. Administrative Leave 39
0. Pensions 39
P. Classifications Compensated Under the Management Group
Salary Schedule 40
Q. Sick Leave and Pool 41
R. Termination Pay 43
S. Longevity Pay 44
T. "Permanent Disability" Defined 44
U. Bomb Squad Pay 44
V. Breathalizer Certification Pay 44
W. Productivity/Merit Payment 44
X. Pistol Qualification Requirement and Pay 44
Article IX - Legal Defense Service 47
Article X - Personnel Practices 48
A. Notice of Shift Change 48
B. Wearing of Uniform on Off -Duty Security Jobs 48
C. Posting and Administration of Promotional
Examinations 48
D. Entrance Examinations 49
TABLE OF CONTENTS - cont'd.
Page
E. Promotional Examination Corrections 49
F. Senior Officer's Proficiency Examination 49
G. Eligibility for Promotion 50
H. Promotional Procedures 52
I. Eligibility Lists 55
J. Reciprocal Employment Agreements 55
Article XI - Employment -Management Relations 57
A. Labor Relations Committee 57
B. Contract Administration 57
C. Internal Investigation Guidelines 58
Article XII - Impasse Procedures; Political Activities 60
Article XIII - Existing Conditions 65
Article XIV - Closing Clauses 66
Appendix "A" 68
Appendix "B" 69
Appendix "C" 70
THE STATE OF TEXAS §
COUNTY OF NUECES §
AGREEMENT
ARTICLE I - PREAMBLE
Pursuant to the mutual agreement of the parties, this agreement has
been entered into by the City of Corpus Christi, hereinafter referred to as
the "City"; and the Corpus Christi Police Officers' Association, hereafter
referred to as the "Association". The purpose of this agreement is the
promotion of harmonious relations between the City and the Association; the
establishment of equitable and peaceful procedures for the resolution of
differences; and the establishment of compensation and other conditions of
employment.
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ARTICLE II - DEFINITIONS
1. "City" means the City of Corpus Christi.
2. "Association" means the Corpus Christi Police Officers'
Association.
3. "Executive Board" means those members of the Association duly
elected or selected as officers of that organization.
4. "Employee" means any sworn police officer of the City with the
exception of the Chief of Police.
5. "Members" means any employee who is on the membership list of and
pays dues to the Association.
6. "Supervisor" means any officer with the rank of Lieutenant or
above, or any officer, when assigned supervisory duties by ranking officers
having authority to make such assignments.
7. "Grievance" means any and all disputes arising under the
Grievance Procedure in Article VII.
8. "Strike" means, whether done in concert or individually, a
failure to report for duty, the willful absence from one's position, the
stoppage of work, or the abstinence in whole or in part from the full,
faithful, and proper performance of the duties of employment (including but
not limited to "slowdowns", "sickouts", and the intentional failure to
make arrests), for the purpose of inducing, influencing or coercing a
change in the conditions, compensation, rights, privileges, or obligations
of employment.
9. "Commission" means the Civil Service Commission of the City of
Corpus Christi.
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ARTICLE II - cont'd.
10. "Chief" means the Chief of Police of the City of Corpus Christi.
11. "City Manager" means the City Manager of the City of Corpus
Christi.
12. "Emergency" means any situation which jeopardizes the public
health, safety or welfare, and requires alteration of schedules, work
hours, shifts and/or personnel assignments, said emergency to be determined
by the Chief.
-3-
ARTICLE III - ASSOCIATION RIGHTS
A. Association Recognition and Scope of Unit.
The City hereby recognizes the Association as the sole and
exclusive collective bargaining agent for the unit consisting of all
Patrolmen, Sergeants, Lieutenants, Captains, Commanders, and Assistant
Chiefs.
B. Payroll Deduction of Dues.
1. The Association shall supply the City with all necessary
papers and information for payroll deduction of dues and assessments.
Such dues and assessments will be established by the Executive Board in
accordance with the bylaws of the Association.
2. The City agrees to deduct dues upon receipt from the
Association of a "Dues Deduction" card voluntarily and individually
authorized, signed and dated by each member of the Association. This
authorization shall remain in full force and effect for the term of this
agreement or until termination by the employee. Such "Dues Deduction" card
is found in Appendix "A" and is incorporated by reference into this
agreement. The City shall begin such deductions on the following pay
period after receipt of the "Dues Deduction" card.
3. The City agrees to deduct special assessments upon receipt
from the Association of a "Special Assessment Deduction" card voluntarily
and individually signed and dated by each member of the Association. The
card will state the specific special assessment, reason for the special
assessment, and the amount to be deducted. Such "Special Assessment
Deduction" card is found in Appendix "B" and is incorporated by reference
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ARTICLE III. - cont'd.
into this agreement. The City shall deduct such special assessment on the
following pay period after receipt of the "Special Assessment Deduction"
card.
4. At any time a member of the Association desires to withdraw
his membership, he may voluntarily and individually do so. Such action
will be initiated through a "Termination of Dues Deduction or Special
Assessment" card voluntarily and individually signed by the member of the
Association and furnished to the City. Such "Termination of Dues Deduction
or Special Assessment" card is found in Appendix "C" and is incorporated by
reference into this agreement. The City shall terminate deduction of such
dues or special assessments on the following pay period after receipt of
the "Termination of Dues Deduction or Special Assessment" card.
5. The City will be obligated to remit to the Association only
those sums deducted as dues and assessments from the Association member's
paycheck and will not be liable for damages to the Association, any
individual employee, or other persons for failure to deduct any authorized
sum for any reason.
C. Time Off for Association Business.
1. Subject to prior notification to the Chief or the next
highest ranking officer, the Executive Board, or its designees, shall have
the right to visit the premises of the Police Department for purposes of
administering this agreement. The visits shall be conducted in a manner
and at a time as not to interfere with the functions of the department and
approved by the Chief. Such approval shall not be unreasonably withheld.
-5-
ARTICLE III - cont'd.
2. Time off with pay will be allowed for three members of the
Association on those days negotiations are in session to participate in the
collective bargaining process.
3. Members of the Executive Board may receive time off, without
loss of pay, to attend regularly scheduled Association meetings, and
Executive Board meetings. The Chief may, at his discretion, grant said
time off, subject to scheduling and manpower contingencies that may arise.
4. A pool of 9 work days shall be available during the term of
this contract for time off with pay for Association delegates to attend
conventions or seminars held in connection with Union activities, provided
that said time off with pay shall not exceed a total of nine (9) regular
working days regardless of the number of delegates elected to attend such
functions. Additional expenses for travel, lodging, etc. are not included.
D. Bulletin Boards.
The Association may provide and maintain a bulletin board in the
police station at its own expense. The bulletin board shall be consistent
in design and standards to other bulletin boards in the Police Station for
posting of routine announcements of meetings, Association business,
recreational functions, legislative enactments and judicial decisions. The
use of the bulletin board for the postings of partisan political material,
editorial comments and viewpoints of employees in any manner which would be
in opposition to existing police working conditions shall not be allowed.
Any material on the bulletin board which the City alleges to be in
violation of this agreement shall be promptly removed by the Association.
The matter will then be immediately referred to Step "4" of the grievance
procedure for resolution.
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ARTICLE IV - MANAGEMENT RIGHTS
A. The Association recognizes that the City has statutory and
Charter rights and obligations in contracting for matters relating to
municipal operations. The right of contracting or subcontracting is vested
in the City.
B. The City shall have the authority to consolidate the operations
of two or more departments, and to reorganize the operations within the
department, or departments, and the right to lay off employees of the
department.
C. The City shall have exclusive authority to transfer any
governmental operations now conducted by it to another unit of government.
Upon such transfer, all agreements are terminated, including this agreement
as pertaining to personnel of the department affected by the transfer.
D. The City and the Chief shall retain all rights and authority to
which by law they are entitled.
E. It is understood by the parties that every duty connected with
operations enumerated in job descriptions is not always specifically
•described, and it is intended that all such duties shall be performed by
the employee.
F. The City shall reserve the right to use security personnel which
include, but are not limited to, such job classifications incorporated
within the Compensation and Classification Plan as Safety Security Officer,
Jailor, Police Matron, Lifeguard, School Crossing Guard, and Maintenance
Security Man, which require training in law enforcement, safety and
security duties, fire fighting skills, emergency medical treatment, water
-7-
ARTICLE IV - cont'd.
safety, and other similar related skills. Such job classifications, as
well as similar job classifications adopted in the future which would
include public_ safety personnel for Padre Island, are not subject to the
terms of this agreement.
G. The City reserves the right to use civilians in the Police
Department to perform duties which do not require a commissioned officer or
the power of arrest. The scope of such duties include, but are not limited
to, communications, information system, records, community services,
clerical support, maintenance, school safety crossing, and jail operations.
Civilians performing such duties are not subject to the terms of this
agreement.
H. The City reserves the right to use personnel from the Police
Department and the Fire Department interchangeably during natural disasters
and civil disorders.
I. The Chief shall have the exclusive right to:
1. Establish departmental rules and procedure;
2. Discipline or discharge for cause;
3. Determine work and overtime schedules in a manner most
advantageous to the City;
4. Establish methods and processes by which work is performed;
and
5. Transfer employees within the department in a manner most
advantageous to the City.
J. All promotions to the classifications of Assistant Chief or
Police Commander shall be exempt from competitive examinations, and instead
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ARTICLE IV - cont'd.
shall be made by appointment by the Chief. The appointment shall be within
the discretion of the Chief, provided that the Chief shall promote the
employees from the classifications specified elsewhere in this agreement.
Employees appointed to the positions of Assistant Chief or Police
Commander under the provisions set out herein may be demoted from said
position at the discretion of the Chief. An employee so demoted shall have
no right to file a grievance or to appeal the demotion, and the Commission
shall have no jurisdiction, power, or authority to investigate or review
such demotion or to alter the terms of such demotion.
Upon demotion from such an appointed classification, an employee
shall resume the competitive classification from which he was appointed and
his salary shall be in accordance with said competitive classification with
service time credited as continuous time in that competitive classification
and with all salary increases to which he would have been automatically
entitled had he continuously remained in said competitive classification.
K. Employees promoted to the rank of Lieutenant or Captain may be
demoted at the discretion of the Chief, without appeal to the Commission at
any time during the 12 -month period subsequent to being so promoted. Said
demotion shall not be subject to the grievance procedure in this contract.
L. Senior Officers and Patrolmen may be freely utilized
interchangeably in positions presently staffed by either classification in
the various divisions.
M. Except as provided in this agreement, the City retains the right
to operate and manage its affairs in all respects.
-9-
ARTICLE IV - cont'd.
N. Upon written request by the Police Chief for a person to fill a
vacancy in any classification below the rank of Commander, the Commission
shall certify _to the Police Chief the names of the three persons on the
eligibility list having the highest grades for the position to be filled,
and the Police Chief may select any one of the three persons so certified.
The Police Chief need not state in writing his reason for selection or
rejection of any of the three persons certified by the Commission. In the
event a person rejected desires to appeal the action of the Police Chief,
such appeal shall be to an arbitrator selected as specified in paragraph E
of Article IV -A, and there shall be no appeal to the Civil Service
Commission. The person rejected who desires to appeal the action of the
Police Chief is charged with the burden of proof of showing that the
rejection was for some reason other than the officer's ability to perform
at the higher rank. The arbitrator may overturn the decision of the Chief.
The question of rejection on the part of the Police Chief shall be
determined by the arbitrator. To the extent this paragraph alters any
'provision of Article 1269m, V.A.T.S., Article 1269m is so altered, and it
is mutually so agreed.
0. The Civil Service Commission shall not conduct investigations of
internal affairs within the Police Department. The term "investigation"
means investigations of alleged misconduct of one or more police officers
by the internal investigation unit of the Police Department. It is agreed
that such internal investigations shall be the duty and responsibility of
the Chief of Police. This specific alteration of Article 1269m, V.A.C.S.,
-10-
ARTICLE IV - cont'd.
is authorized by Article 5154c-1, V.A.C.S., the Fire and Police Employees
Relations Act.
P. Field Training Officer pay of $100 per month shall be established
by the compensation ordinance and may be granted in addition to regular pay
to all officers for extraordinary, specific duties of training and
evaluating recruit officers. Once established, said field training officer
pay shall remain constant during the tenure of this contract.
Q. All rules, opinions, directives, decisions, and orders issued by
the Civil Service Commission shall be preserved in written minutes. Such
actions need not be copied verbatim in the minutes; it shall be sufficient
to accurately summarize such actions. The Chairman or, in his absence, the
Vice -Chairman of the Commission shall sign the minutes; the signatures of
the concurring members on any action shall not be required. The Commission
may, if it desires, cause any rules, decisions, directives, or orders to be
reduced to writing, apart from the minutes. All such written records of
the Commission shall be public records.
-11-
ARTICLE IV -A - DISCIPLINARY ACTION
A. The Chief shall have authority to demote, temporarily suspend not
to exceed thirty working days, or terminate any employee for the causes set
forth in Article 15, Section 3 of the Rules and Regulations of the Civil
Service Commission for Firemen and Policemen of the City. In the
alternative, the Chief shall have authority to impose "alternate
disciplinary actions" in the nature of required attendance at and
participation in remedial, educational or rehabilitative programs. Such
programs may be provided by the City or by the City through a third party.
The employee may appeal such actions as provided herein. Nothing herein
shall be construed to allow appeals of reprimands or other disciplinary
actions or alleged disciplinary actions which were not previously
appealable. It shall be within the sole discretion of the Chief to decide
whether to utilize the "alternate disciplinary actions" provided for
herein, subject to the appeal provided herein. When the Chief chooses to
demote, temporarily suspend, or terminate an employee, the arbitrator shall
have no authority to consider or substitute an "alternate disciplinary
action."
B. Disciplinary action may be taken against a police officer within
six months of the discovery by the Chief of conduct by the officer which
would constitute a felony or a Class A misdemeanor, and not thereafter.
Provided that such limitation shall not prevent disciplinary action against
a police officer based upon his conviction for any such crime notwithstand-
ing that discovery of the conduct on which the conviction is based occurred
more than six months before the disciplinary action. Provided further that
no disciplinary action may be taken for conduct on which the criminal
-12-
ARTICLE IV -A - cont'd.
statute of limitations has run regardless of the date of discovery.
Provided, however, that nothing within this Section B shall in any way
limit the time within which the Chief may take disciplinary actions under
Article 1269m, V.A.C.S., and to the extent that Article 1269m permits the
Chief more time to initiate any disciplinary action it shall prevail.
C. Prior to any such disciplinary action, the employee shall be
given written notice of contemplated disciplinary action, stating the
action or actions contemplated and the reasons therefor, and notifying the
employee that he may rebut the charges to the Chief, either orally or in
writing, within a reasonable time, which time shall be stated in the
notice.
D. After the notice and opportunity for rebuttal provided in the
preceding paragraph the Chief may demote, suspend, terminate, or take
alternative disciplinary action against an employee by personal service on
the employee of a written statement of charges. If the Chief should be
unable to secure personal service after due diligence, service may be made
'by placing it in the mail addressed to the employee's last known address
along with delivery of the statement to the Association, and proof of such
service shall be sufficient to support any disciplinary action.
A copy of such statement, along with a copy of the notice of
contemplated disciplinary action, shall be promptly filed with Personnel
Director of the City.
The written statement shall point out the particular rule or
rules alleged to have been violated by the employee and the specific act or
acts alleged to be in violation. Said statement shall inform the employee
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ARTICLE IV -A - cont'd.
that he has (10) working days after receipt thereof to file a written
appeal with the Personnel Director. If alternate service is had as
provided herein, the employee shall have ten (10) working days from service
upon the Association. "Working days" includes all days except weekends and
City holidays. The change herein to calculate appeal time based upon
"working days" shall not apply to any case brought by the Chief prior to
the effective date of this agreement.
Appeal from suspension, termination or demotion shall be decided
by one arbitrator, selected according to this contract.
E. Upon receiving an appeal from an employee, the Personnel Director
shall act immediately to notify the Association and the Chief of the appeal
to arbitration. When an officer will not be represented by the
Association, advance payment of $650 for the arbitrator must be included
with the notice for appeal to arbitration in order for the appeal to be
valid. Such advance payment may be waived upon the City's acceptance of a
written contract with the employee for payment of any charges which might
be incurred by the officer as a result of an appeal to arbitration. The
employee and the Chief (the parties) shall attempt to mutually agree on an
arbitrator. If the parties fail to agree on an arbitrator within ten days
after the appeal is filed, the Director shall immediately request a list of
seven (7) qualified neutrals from the American Arbitration Association or
other qualified agencies which may be mutually agreed upon for this
purpose. The Parties may mutually agree on one of the seven neutrals. If
they do not so agree, the Parties shall alternately strike the names on the
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ARTICLE IV -A - cont'd
list within five working days after receipt of the list, and the remaining
name shall be the arbitrator. All parties shall act to complete the
selection process at the earliest possible date. The arbitrator shall be
immediately notified of his selection.
F. The hearing shall be commenced within such reasonable time as the
arbitrator selected can be scheduled. If the arbitrator selected cannot
commence the hearing within fifty days from his selection, either party
may, within two days of so learning, call for selection of a new
arbitrator, and if the parties cannot agree upon a substitute within one
day of so learning, another arbitrator shall be selected from a new list of
seven names immediately requested from the American Arbitration
Association, according to the procedure set out herein. The hearing shall
be scheduled so that it can be completed without break, in consecutive
calendar days (excluding weekends and holidays). The arbitrator shall make
an award within thirty days of the close of evidence in standard
arbitration hearings, and within five days of the close of evidence in
expedited arbitration hearings. Post hearing briefs shall only be
permitted in standard arbitration hearings, and must be mailed to the
arbitrator within seven days of the close of evidence in the hearing.
A stenographic transcription of the proceedings shall be made
only upon written agreement of the parties prior to the commencement of the
hearing. Should there be no agreement, the party desiring the transcript
may have the transcript made at its sole expense.
The award of the arbitrator shall state which particular factual
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ARTICLE IV -A - cont'd.
charges he finds to be true, if any, and the particular rules he finds such
conduct to have violated, if any. Where the charges are upheld, the award
shall state whether the discipline imposed is upheld, or whether some
lesser discipline is substituted.
G. The following rules shall govern the conduct of hearings under
this section, and of certain preliminary matters:
(1) Upon the request of either party addressed to the opposing
party at least 2 days prior to the date of hearing, the parties
shall exchange the names of witnesses expected to be called at
the hearing. Upon failure of a party to disclose such witnesses,
the arbitrator may exclude their testimony.
(2) The arbitrator shall have the power to subpoena witnesses,
records and other evidence. Prior to the hearing, the Personnel
Director shall issue subpoenas requested by the parties in the
name of the arbitrator. A party may apply to the arbitrator to
quash a subpoena issued by the Personnel Director.
(3) In all hearings under this section, the City shall prove its
case by a preponderance of the evidence.
(4) The parties, in writing, may request discovery from each
other concerning the case. Should the other party not agree to
provide the requested information within three days of the
request, the request shall be deemed denied. The requesting
party may then apply to the arbitrator, who shall order such
discovery as appropriate to the nature of the case, subject to
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ARTICLE IV -A - cont'd
rules of discovery in Texas civil cases. In considering the
application, the arbitrator shall consider the burden and expense
of producing the information, the need of the requesting party,
the amount of time available prior to the hearing, and such other
matters as he may deem material. In no event shall discovery be
permitted to delay the hearing, and in no event shall discovery
be requested within the three days prior to the hearing.
(5) All hearings shall be public unless requested by the
appealing employee that the hearing shall be closed to the
public. In any event, the final decision of the arbitrator shall
be public, although public announcement may be reasonably delayed
upon request of the parties.
(6) Unless otherwise provided in this contract, the conduct of
the hearing shall be governed by the rules of the American
Arbitration Association.
H. The arbitrator shall have all powers vested in the Commission
under Article 1269m, V.A.C.S., and the Commission Rules, with respect to
suspensions, terminations, and demotions, except the power to amend such
rules.
I. Any notice or statement required to be filed by the Chief of
Police or the employee in a disciplinary proceeding under Article 1269m,
under Commission Rules, or under this contract, shall be filed with the
Director of Personnel of the City.
J. With respect to temporary suspensions, and demotions, the employee
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ARTICLE IV -A - cont'd.
shall have no right to appeal the arbitrator's decision to district court,
except that appeals to District Court from Arbitration awards shall be
limited to cases of suspensions by the Chief of more than thirty days.
K. Unless otherwise provided in this contract, in cases of conflict,
the provisions of this contract will control over Article 1269m, Civil
Service Commission Rules, and American Arbitration Association Rules; and
Article 1269m and Civil Service Rules promulgated pursuant to it shall
control over American Arbitration Association Rules or other qualified
agencies as mutually agreed upon for this purpose.
L. A probationary employee may be discharged at the discretion of
the Chief, without appeal to arbitration, to the Commission, or to any
court, at any time during the twelve-month period subsequent to being
commissioned as a police officer.
M. Notwithstanding any other provision of this contract, the Chief
shall have authority to impose any disciplinary action upon an employee
which is agreed to in writing by the Chief and the employee. The employee
shall have no right to appeal such agreed disciplinary action, and no
administrative or judicial body shall have power to review such
disciplinary action or alter the terms of the agreement.
N. Any deadline or time restrictions set out in this contract with
respect to disciplinary proceedings may be modified by written agreement of
the parties. However, neither party may be compelled to waive its right to
insist upon the deadline and time restrictions provided by the contract.
0. In addition to disciplinary powers vested in the Police Chief,
Police Commanders and Assistant Chiefs shall have the right to suspend for
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ARTICLE IV -A - cont'd.
cause, said suspension not to exceed three working days without pay. Such
suspensions may be appealed within five days to the Chief, and further
appeal shall be to arbitration, according to the procedures for
disciplinary actions by the Chief, except that no presuspension notice by
the Chief shall be necessary, and the Chief may adopt the Commander's
letter as his own.
P. In cases of appeal from temporary suspensions, demotions and
promotional passovers, the City and the aggrieved employee shall share
equally the fees and expenses of the arbitration. Where the Association
represents the employee, it shall share equally the arbitration fees and
expenses with the City. In cases of appeal from indefinite suspension the
City will pay 75% of the administration costs and arbitrator's fee, with
the employee, or the Association where it represents the employee, paying
25% of the administrative costs and arbitrator's fee. All other costs of
arbitration shall be borne by the party incurring those costs.
Q. All hearings which are expected to be completed in one day shall
be submitted for expedited arbitration. On all other hearings the parties
may agree to request expedited arbitration.
R. To the extent that any provision of this Article conflicts with
or changes Article 1269m, V.A.C.S., or any other civil service statute, the
statute is so amended, as authorized by Article 5154c-1, V.A.C.S.
S. Any officer temporarily suspended for five days or less may, at
the discretion of the Chief, be allowed to voluntarily work an regular days
off to offset a loss in pay resulting from suspension. Such time worked
will not be considered as overtime.
-19-
Written reprimands may be issued by the Chief to an officer
without requiring prior notification. Copies of all written reprimands
shall be given to the affected officer.
-20-
ARTICLE V - ASSOCIATION DUTIES
A. Prohibited Practices. Neither the Association nor any employee
shall engage in any of the following practices:
1. Restrain or coerce any employee in the exercise of any rights
granted under this agreement;
2. Cause or attempt to cause an employee to discriminate against
another employee because of the employee's membership or non -membership in
any employee organization, or attempt to cause the City to violate any
rights of the employee;
3. Discriminate against any employee because he has signed or filed
an affidavit, petition or complaint, or given any information or testimony
alleging violation of this agreement;
4. Discriminate against any employee covered by this agreement
because of race, sex, creed, color, age, national origin, affiliation,
association or nonassociation; or discriminate in the application or
interpretation of the provisions of this agreement;
5. Discriminate against any employee who has filed a grievance
pursuant to Article VII of this agreement;
6. Initiate, authorize, aid, or participate in any strike,
picketing, or distribution relating to the employee's employment or the
employment of any other person by the City or any other employer; or refuse
to cross any picket line by whomever established where such refusal would
interfere with or impede the performance of the employee's duties as an
employee of the City.
-21-
ARTICLE V - cont'd.
B. The parties hereto agree that all negotiations will be conducted
exclusively between the designated bargaining representatives of the City
and the Association. Neither party will make any effort to bypass the
spokesman of the other party during the period of negotiations for
amendments to this agreement unless an impasse exists as defined under the
"Fire and Police Employee Relations Act", Article 5154c-1 of Vernon's
Annotated Civil Statutes.
C. Any changes in wages, hours, terms and conditions of employment
and other benefits granted by the Texas State Legislature requiring the
City to compensate, remunerate or otherwise assist employees after the
effective date of this agreement shall not alter the terms of this
agreement during the life of said agreement. This provision shall not
unfavorably affect employees as to any changes in wages, hours, terms and
conditions of employment and other benefits granted by the Texas State
Legislature requiring the State of Texas to compensate, remunerate or
otherwise assist employees after the effective date of this agreement. Any
changes in wages, hours, terms and conditions of employment and other
benefits granted by the Texas State Legislature requiring the State of
Texas to compensate, remunerate or otherwise assist employees shall not be
incorporated into this agreement; nor shall the City be required at any
time to pay any share of said wages, hours, terms and conditions of
employment of other benefits. Any reduction or elimination of wages,
hours, terms, and conditions of employment, and other benefits by the Texas
State Legislature that previously required the City to compensate,
remunerate or otherwise assist employees after the effective date of this
agreement shall not alter the terms of this agreement during the life of
said agreement.
-22-
ARTICLE VI - MANAGEMENT DUTIES TO THE ASSOCIATION
A. The City shall provide the following materials to every employee:
1. A copy of rules and regulations of the department, and
2. A true and correct copy of this agreement.
B. The City shall not engage in the following practices:
1. Interfere with, restrain, or coerce employees in the
exercise of rights granted in this agreement;
2. Dominate, interfere, or assist in the formation, existence
or administration of any employee organization; or contribute financial
support to any such organization;
3. Encourage or discourage membership in any employee
organization by discrimination in hiring, tenure, training, or other terms
or conditions of employment;
4. Discharge or discriminate against any employee because he
has filed any affidavit, grievance, or complaint; or given any information
or testimony alleging violations of this agreement; or because he has
formed, joined, or chosen to be represented by any organization;
5. Discriminate against any employee or employee group because
of religion, sex, creed, color, age, national origin, association or
nonassociation or affiliation in an organized employee group or discrimi-
nate in the application or interpretation of the provisions of this
agreement.
-23-
ARTICLE VII - GRIEVANCE PROCEDURE
A. Scope of Grievance Procedure. The purpose of this grievance
procedure is to establish effective machinery for the fair, expeditious and
orderly adjustment of grievances. Only matters involving the interpreta-
tion, application, or enforcement of the terms of this agreement, shall
constitute a grievance under the provisions of this grievance procedure.
B. Association Representation. A grievance may be brought under
this procedure by one or more aggrieved employees, with or without an
Association representative, or by the Association itself in cases where the
subject of the grievance is an on-going practice by the City which affects
the bargaining unit as a whole.
C. Time Limitations. The aggrieved employee or employees shall
bring the grievance to his immediate supervisor at Step 1, below, within
fifteen (15) days of its occurrence; or if at the time the employee is
unaware of the grievance, within fifteen (15) days of his knowledge of its
occurrence. The time limits prescribed herein may be waived by mutual
agreement, in writing, by the aggrieved employee, or the Association in a
class grievance; and the appropriate management representative at each
step.
D. Steps.
Step 1. The aggrieved employee shall meet with his immediate
supervisor within the prescribed time limits, and orally discuss the
grievance. The immediate supervisor shall make a decision and orally
communicate this decision to the aggrieved employee within five (5) working
days from the initial presentation of the grievance. Every effort shall be
made by the employee and the immediate supervisor to resolve the grievance
at this level.
-24-
ARTICLE VII - cont'd.
Step 2. If the grievance is not resolved at Step 1, the
aggrieved employee shall submit a written grievance to his immediate
supervisor within five (5) working days following the supervisor's oral
response. The written grievance at this step and at all steps thereafter,
shall contain the following information: (1) a statement of the grievance
and the facts upon which it is based; (2) the alleged violation of the
agreements; (3) the remedy or adjustment sought; and (4) the signature of
the aggrieved employee. The immediate supervisor shall respond in writing
. to this grievance within five (5) working days of its receipt. The written
response at this step, and management responses at all steps thereafter,
shall contain the following information: (1) an affirmation or denial of
the facts upon which the grievance is based; (2) an analysis of the alleged
violation of the agreement; (3) the remedy or adjustment, if any, to be
made; (4) the signature of the appropriate management representative.
Where supervisors at Step 1 and/or Step 2 cannot reasonably be
expected to resolve the grievance either or both of those steps may be
omitted.
Step 3. If the grievance is not resolved at Step 2, the
aggrieved employee shall submit a written grievance to his intermediate
supervisor within five (5) working days following receipt of the immediate
supervisor's written response. The intermediate supervisor shall respond
in writing to this grievance within five (5) working days of its receipt.
Step 4. If the grievance is not resolved at Step 3, the
aggrieved employee shall submit a written grievance to the Chief within ten
(10) working days following the intermediate supervisor's written response.
-25-
ARTICLE VII - cont'd.
The Chief shall respond in writing to this grievance within ten (10)
working days of its receipt.
Step 5. If the grievance is not resolved at Step 4, the
aggrieved employee shall submit a written grievance to the City Manager
within ten (10) working days following the Chief's written response. The
City Manager shall respond in writing to this grievance within thirty (30)
working days of its receipt. If the City Manager does not respond within
thirty days, the grievance shall be deemed denied. The requirement in
Steps 2 through 5 for written grievances and responses shall not preclude
the aggrieved employee and the appropriate management representative from
orally discussing and resolving the grievance.
Step 6. If the grievance has not been resolved at Step 5, the
aggrieved employee may request that the grievance be submitted to
arbitration. The request shall state whether the grievant claims that
arbitration is mandatory; if no such claim is stated, arbitration is deemed
voluntary. Submission of the grievance to arbitration shall be voluntary
on the part of both parties except as expressly provided herein. The
decision of the arbitrator shall be binding on both parties.
Arbitration is mandatory in a case in which the dispute involves
the application, interpretation, or enforcement of an express provision of
this agreement other than "Article XIII -Existing Conditions." The
following matters and actions are not subject to mandatory arbitration
under this section: (1) personnel evaluations, (2) establishment of
departmental rules and procedures, (3) disciplinary actions including, but
not limited to suspensions, demotions and reprimands, (4) scheduling of
-26-
ARTICLE VII - cont'd.
work and overtime, (5) the methods and processes by which work is
performed, (6) transfers, (7) assignments, (8) shift changes, (9) any
matter for which another hearing process is provided by contract or law
including, but not limited to, suspensions, demotions, passovers, and
promotional examinations, and the scoring thereof, (10) determination of
permanent disability under Article VIII (I)(N) of this agreement, (11)
promotions, and the procedures and evaluations connected therewith, (12)
the exercise of any management right referenced in Article IV of this
agreement, (13) violations of the impasse procedure in Article XII of this
agreement.
Mandatory arbitration is not applicable to any grievance based upon a
decision or event which occurred prior to the effective date of this
agreement.
If arbitration is mutually elected, or required, within ten (10)
working days the aggrieved employee and the City shall agree upon an
arbitrator. If the parties fail to agree, a list of seven (7) qualified
neutrals shall be requested from the American Arbitration Association
(AAA). Within five (5) working days after receipt of the list, the
aggrieved employee and the City shall alternately strike the names on the
list, and the remaining name shall be the arbitrator. The hearing on the
grievance shall be informal and the rules of evidence shall not apply. The
arbitrator shall not have the power to add to, subtract from or modify,
the provisions of this agreement in arriving at a decision on the issue or
issues presented; and shall confine his decision solely to the precise
issue submitted for arbitration, and shall have no authority to determine
-27-
ARTICLE VII - cont'd.
any other issues not directly presented in the grievance. The decision of
the arbitrator shall be final and binding upon the aggrieved employee and
the City.
The losing party shall pay all the fees and expenses of the
arbitrator. Where the Association represents the aggrieved employee at
Step 6, it shall pay such arbitration fees and expenses on behalf of the
employee. The arbitrator shall designate the losing party for purposes of
this paragraph, and may find that both parties lost in part and apportion
fees and expenses accordingly.
If arbitration is not mandatory, and not mutually elected, the
employee may, with approval from the Association, appeal the decision of
the City Manager, resulting from Step 5, to a District Court of the State
of Texas. In the event that the Court rules in favor of the employee, the
employee shall not be entitled to recover any damages which could
reasonably have been mitigated by the employee. The final judicial
decision by the last court resorted to by either party shall be final and
binding on both parties.
-28-
VIII - EMPLOYEE ECONOMIC BENEFITS
A. Workweek. The workweek shall consist of forty (40) hours. The
normal workday shall begin fifteen (15) minutes prior to the beginning of
the shift. A meal break may be taken during the shift scheduled in
compliance with the rules and regulations of the department. Any work
required in holdover from a shift shall not be compensable unless it
exceeds twenty (20) minutes. Where twenty minutes is exceeded, all time
worked in holdover from shift shall be paid at the overtime rate.
B. Overtime. Overtime shall be defined as authorized work performed
in excess of the regular workweek. Where overtime occurs as a result of
shift assignment change all employees excluding those serving at the rank
of Police Commander or above, may elect to be paid straight time for the
time worked or an equal amount of compensatory time. Where the employee
elects to be paid, calculation for pay shall be made during the pay period
in which the overtime was accrued. All employees, excluding those serving
at the rank of Police Commander or Assistant Police Chief, may elect to be
compensated for overtime either in cash at the rate of time and one-half
(1-1/2) the employee's regular rate of pay, or in compensatory time equal
to one and one-half (1-1/2) times the actual hours of overtime worked for
all other overtime worked. Scheduling of compensatory time shall be at the
discretion of the Chief. Compensatory time may be accrued on an unlimited
basis. In the event of separation in good standing, the City shall pay
accrued compensatory time not to exceed thirty (30) days at the employee's
regular rate of pay.
-29-
ARTICLE VIII - cont'd.
All compensatory time accrued by any employee in excess of thirty
(30) days shall be used by July 31, 1983, or be lost. After that date, no
more than thirty (30) days of compensatory time may be accrued. The City
shall give each employee adequate and reasonable opportunity to- use the
employee's compensatory time in excess of thirty days.
Overtime at the rate of one and one-half times the regular rate
of pay will be paid for work performed on any City holiday after July 26,
1982.
In an effort to minimize non -volunteer overtime for events
scheduled 90 days or more in advance, the Chief will have posted sign-up
sheets for voluntary overtime assignments 30 days prior to the event.
Sign-up sheets will remain posted until one workweek prior to event. Based
upon the sign-up list, non -voluntary overtime assignments will be made or
rescheduling will be done by the City in order to provide the necessary on
duty police services for the event.
When ordered by the Chief to work during an emergency or assigned
to some duty not normally attendant to their supervisory and management
responsibility of their job assignment or division, Commanders shall be
compensated at the rate of time and one-half and may be compensated in cash
or compensatory time, for those hours worked over and above the regular
40 -hour workweek.
C. Health Insurance and Life Premiums. The City shall pay the
employee premium on Group Health and Life Insurance with employees sharing
in that expense at the rate of $1.00 per month. The City agrees to pay
dependent coverage in the amount of 50 percent of the employee's premium
-30-
ARTICLE VIII - cont'd.
cost. Should the cost of premiums on the City's dependent coverage
increase during the term of this contract, the City will continue to pay
the same percentage of the cost of dependent coverage which it now pays,
depending on whether the employee carries dependent coverage for (a)
spouse, (b) children, or (c) spouse and children. Employees who retire
under the conditions of regular TMRS retirement, and their previously
participating spouses, shall be eligible to continue participation in the
City's Group Health Insurance Program at monthly premium rates as set forth
in the insurance contract subject to periodic changes in rates as required.
The total cost of such continued coverage shall be paid entirely by the
employee and/or spouse. Coverage shall remain in force for the employee
while paid until he or she becomes eligible for Medicare or reaches age 65
at which time coverage will cease. Coverage shall remain in force for the
spouse while paid until he or she become eligible for Medicare or reaches
age 65 at which time coverage shall cease. The spouse's rights shall
continue after the employee's death, but shall terminate upon divorce.
Rate increases for dependent coverage without any change in hospitalization
insurance benefits during the contract year shall in no way be considered
to diminish the rights, privileges, or working conditions currently enjoyed
by the employee. Effective August 1, 1984, the City will contribute $10.00
per month, per officer toward the combined cost of employee -dependent
dental insurance coverage for any police officer opting to participate in
such a program. The City will assist the Association in its efforts to
find group dental insurance coverage.
D. Ranks and Wages. The basic ranks within the Police Department as
well as the applicable job classifications and applicable minimum monthly
rate shall be as follows:
-31-
POLICE SALARY SCHEDULE
Effective August 1, 1983 (4%)
Class
Code Class Title Starting 6 18 30 42
P08 Trainee $1,236
P07 Police Officer 1,435 1,509 1,585 1,669 1,752
P06 Senior Officer 1,752 1,841 1,930
P05 Lieutenant 2,030 2,132 2,240
Effective December 1, 1983 (1%)
Class
Code Class Title Starting 6 18 30 42
P08 Trainee $1,248
P07 Police Officer 1,449 1,524 1,601 1,686 1,770
P06 Senior Officer 1,770 1,859 1,949
P05 Lieutenant 2,050 2,153 2,262
Effective August 1, 1984 (5;%)
Class
Code Class Title Starting 6 18 30 42
P08 Trainee $1,317
P07 Police Officer 1,529 1,608 1,689 1,779 1,867
P06 Senior Officer 1,867 1,961 2,056
P05 Lieutenant 2,163 2,271 2,386
-32-
ARTICLE VIII - cont'd.
E. Court Time and Call Back.
1. Employees while off duty who are called back to duty or
subpoenaed to give testimony in court about events arising out of their
employment shall be compensated at the rate of time and one-half the
employee's regular rate of pay with the minimum compensation of three
hours.
2. Employees who are subpoenaed while on vacation to give
testimony about events arising out of their employment shall be compensated
during the first eight hours of testimony for the employee's vacation time
in that workweek as well as compensated for actual hours worked at the rate
of time and one-half (1-1/2) the employee's regular pay with a minimum
compensation of two hours. Compensation for subsequent Court testimony
after the initial eight hours shall be at the rate of the employee's
regular pay.
3. Employees who are called back to duty while on vacation
shall be compensated for the employee's vacation time in that workweek as
well as pay with a minimum compensation of two hours, except that where an
emergency exists, the employee's vacation may be cancelled by the Chief,
whereupon said employee shall be paid at his regular rate of pay.
4. The Association and the City shall work together in the
Labor -Management Relations Committee in an effort to minimize unnecessary
standby time. The City will compile and maintain records on the use of
standby time from January 1984 through December 1984.
F. Educational Incentive Pay.
1. Employees shall be eligible for educational incentive pay at
the monthly rate of 70¢ per month for each academic semester hour
-33-
ARTICLE VIII - cont'd.
satisfactorily completed provided that such hours are applicable toward a
degree in Police Science. Approved hours must include the core curriculum
in Law Enforcement. In no event will more than $49.70 per month be paid
without successful completion of the requirements and the receipt of the
Associate in Applied Science Degree or Police Science; if the employee is
attending a four-year college, he may meet this requirement by filing a
copy of his certified degree plan with the Director of Personnel, noting
his expressed intent to obtain a Bachelor's Degree in Police Science. All
approved hours above the Associate Degree in Police Science will be
eligible for educational pay at this rate up to an additional $34.30 per
month or a combined total of $84.00 per month. Successful completion of
the requirements and receipt of a Bachelor's Degree in Police Science will
qualify the employee for a maximum of $87.50 per month.
2. Approved hours above the Bachelor's Degree applicable toward
a Master's Degree in Police Science will be eligible for educational
incentive pay at the same rate up to an additional $14.00 per month.
Successful completion of the Master's Degree in Police Science will qualify
the employee for an additional $7.00 per month for a maximum combined total
of an additional $21.00 on a Master's Degree.
3. No probationary employee will be eligible for educational
incentive pay until after he has successfully passed his probationary
period. Specific hours obtained through participation in the Police
Academy will be considered applicable toward educational incentive pay only
after successful completion of at least one other academic course in the
related field on the employee's own time.
-34-
ARTICLE VIII - cont'd.
G. Clothing and Equipment. The City shall pay 100% of the cost to
provide every uniformed employee with all required initial clothing items
and equipment, excluding shoes. The City shall thereafter replace or
repair all said required clothing items and equipment which are lost or
damaged on the basis of 100% excluding shoes. A clothing allowance of $300
shall be paid to all officers who are required by order of the Chief to
wear civilian clothing during their regular work assignment. Such payments
will be made at the beginning of the contract year, or when assigned. At
such time the police officer's assignment requires that he return to a
police uniform and there is a remaining portion of the 12 -month period, the
clothing allowance shall be prorated to the extent that it will be deducted
from a future annual clothing allowance when the officer is transferred
back to a duty assignment where civilian clothes are required. If the
officer is separated from the service and a prorated clothing allowance is
owed, it shall be deducted from his final pay check. For each year
thereafter the City will pay up to $300 for replacement costs for those
persons so authorized.
A clothing allowance of $25.00 per month shall be provided to
each of the department for the purpose of uniform and clothing cleaning and
maintenance. Effective July 26, 1982, the clothing allowance shall be
increased to $35.00 per month.
-35-
/
ARTICLE VIII - cont'd.
H. Holidays.
1. Each employee shall receive the following seven (7) holidays
during each fiscal year:
New Year's Day Thanksgiving Day -
Memorial Day Christmas Day
Fourth of July One holiday to be determined by the City
Labor Day
2. The current practice of adding holidays to vacation time
shall be retained.
3. When a holiday listed above falls on a Sunday, the following
business day shall be considered a holiday. When any holiday listed above
falls on a Saturday, the preceding Friday shall be considered a holiday.
In addition to the above, any day may be designated as a holiday by
proclamation of the Mayor, upon approval of the City Council.
4. Any employee who for any reason is absent without pay on a
workday immediately preceding or following a holiday or on the holiday
shall not be paid for the holiday unless worked, in which case he shall be
paid only at his regular rate of pay.
5. Police Officers shall be credited with one day holiday leave
with pay for each designated holiday worked. If a declared holiday falls
upon the employee's normal day off, an extra day shall be added to his
holiday leave. Unused holiday leave shall be paid on termination. Police
officers shall, in addition to holiday leave with pay, be paid overtime at
the rate of one and one-half times the regular rate of pay for work
performed on any City holiday.
-36-
i
ARTICLE VIII - cont'd
I. Vacations.
a. Police officers shall be entitled to 15 working days
vacation a year which shall accrue on the basis of 26
biweekly pay periods a year. Police officers with 15 years
to 29 years of continuous service shall begin to accrue 17
working days a year which shall accrue on the basis of 26
biweekly pay periods a year. After 30 years of continuous
service, Police officers shall accrue 20 working days a year
which shall accrue on the basis of 26 biweekly pay periods a
year. For Police officers scheduled to work 40 hours a
week, 8 working hours shall be counted as one work day for
vacation purposes.
b. When the City schedules vacations, employees shall be given
preference as to vacation selection on the basis of
seniority by work unit to the extent that such scheduling
will not interfere with City operations. Work units shall
be defined by the City.
J. Military Leave.
Any permanent employee who presents official orders requiring his
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 15 calendar days in any one year. Any
permanent employee who leaves his position for the purpose of entering the
Armed Forces of the United States, or enters State service as a member of
-37-
t
ARTICLE VIII - cont'd
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 the same position as held at the
time of induction, enlistment, or order to active Federal or State military
duty or service if still physically and mentally qualified to perform the
duties of such position. In order to qualify for re-employment, the
employee must make written application for re-employment within 90 days
after discharge or release from active Federal or State military service,
to the head of the department in which he was employed prior to entering
such military service.
K. Special Leave.
A. In addition to leaves authorized above, the Chief may
authorize an employee to be absent without pay for personal
reasons for periods not to exceed 30 calendar days. Leaves
without pay in excess of 30 calendar days and not exceeding
one year shall require approval of the City Manager.
B. The City Manager may authorize special leaves of absence
with pay for any period or periods not to exceed one year
for the following purposes: Attendance at college,
university, or business school for the purpose of training
in subjects relating to the work of the employee and which
will benefit the employee and the City service, serving on a
jury or attending a court as a witness; and for purposes
other than the above that are deemed beneficial to the City
service.
-38-
I
ARTICLE VIII - cont'd
C. The City Council, upon the recommendation of the City
Manager, may grant leaves of absence with or without pay in
excess of the limitations above for the purposes of
attending extended courses of training at a recognized
university or college and for other purposes that are deemed
beneficial to the City service.
L. Injury Leave. No sick leave shall be charged for injury
sustained in the line of duty. Employees shall be paid injury leave in an
amount not to exceed their regular salary as provided by the state law for
injuries occurring while in the course of employment.
The use of accrued sick leave may be granted to any officer at the
discretion of the Chief for job related illnesses or injuries after injury
leave has been exhausted. Line of duty illness shall be defined as an
illness which has been directly and substantially caused by the duties of
the position.
A disability shall be defined as a physical injury or illness which
prevents an officer from fully performing assigned duties in all major
divisions of the Department. In the event the Chief of the Department
determines after consultation with the City Physician that the officer is
permanently unable to perform his or her job duties, he may institute
immediate termination or retirement if applicable. An officer may call for
further examination by a board of 3 physicians appointed by the City
Physician, but with the officer paying 50% of the expense and the City
paying the remaining 50%. In the event that further examination is
requested as provided above, the majority finding of the 3 physicians that
-39-
ARTICLE VIII - cont'd
a permanent disability as defined herein exists'shall be final.
An officer who has previously been declared disabled may at the
discretion of the Chief be eligible for reappointment to the service upon
certification by the City Physician that he or she has recovered from that
disability, and is able to perform full duties. Provided, however, after
two years from the date of such termination or retirement, the employee
shall no longer be eligible for reappointment.
M. Other Leave Time Policies. The City shall maintain all other
leave time policies affecting police officers currently in effect and not
otherwise altered by provisions of this contract.
N. Administrative Leave. Assistant Chiefs and Commanders may
receive administrative leave time for work performed in excess of their
regularly scheduled duties. Said leave time may be granted at the
discretion of the Chief, subject to scheduling and manpower contingencies
that may arise. Said administrative leave time shall, in no event, exceed
that amount of time that Assistant Chiefs and Commanders have accumulated
in excess of their regularly scheduled work.
0. Pensions. The City shall maintain the retirement program in
effect. Effective January 1, 1984, the City shall adopt the Texas
Municipal Retirement System (TMRS) benefit of supplemental disability
-40-
ARTICLE VIII - cont'd
benefits. Effective January 1, 1985, the City shall adopt the TMRS
benefits of military service credit and 10 year vesting.
P. Classifications Compensated Under the Managerial Group Salary
Schedule. The positions of Assistant Police Chief, Police Commander, and
Police Captain shall be compensated at salary levels set forth within the
Managerial salary schedule consistent with the provisions provided for the
Managerial Group under Compensation Ordinance. All other subsequent
benefits and step increases shall be made consistent with requirements of
the Managerial Plan. Individual merit or performance salary increased as
authorized by compensation ordinance shall be permitted for these
classifications, Article 1269m notwithstanding.
By placing Police Captains within the civilian pay classification as
specified above, the Association does not agree or admit that Captains are
excluded from the bargaining unit under the following definition of
"supervisor".
Supervisor: Any individual having authority in the
interest of the employer, to hire, transfer, suspend,
lay-off, recall, promote, discharge, or reward other
employees, if in connection with the foregoing the
exercise of such authority is not of a merely routine
or clerical nature, but requires the use of
independent judgment.
For all other purposes of this contract, however, the term
"supervisor" is defined in Article II, Section 6 of this contract.
-41-
ARTICLE VIII - cont'd
In addition to the exceptions above, officers within the rank of
Police Captain shall be eligible for overtime as provided under Article
VIII, Section 8 of this contract.
Q. Sick Leave and Pool. Each police officer shall accumulate
fifteen (15) days of sick leave with pay per calendar year. Effective
August 1, 1983 two days of such fifteen (15) days of sick leave with pay
shall become part of a sick leave pool for the benefit of all police
officers with extended non -job related injuries and illnesses, and the
remaining thirteen days shall be credited to the individual officer.
Effective August 1, 1984, one day of such fifteen (15) days of sick leave
with pay shall become part of the sick leave pool, and the remaining
fourteen days shall be credited to the individual officer. The following
requirements determine when sick leave pool days may be drawn:
1. Officers with four (4) years or less service may use pool days
after ten (10) working days (or comparable hours) of continuous
non -job related illness or injury. The first ten (10) working
days shall be charged to the officer's accumulated sick leave or,
if personal sick leave has been exhausted, to dock time.
2. All other officers may use pool days after ten (10) working days
(or comparable hours) of continuous non -job related illness or
injury. Provided, however, in addition, before being entitled to
use days, such an officer must first use all his accumulated
personal sick leave in excess of the amount payable upon
termination.
-42-
ARTICLE VIII - cont'd
No officer shall be permitted to use more than 180 pool days for a
single illness or injury.
Pool days may not be used for injuries or illnesses sustained in the
line of duty. Injuries or illnesses sustained in the line of duty shall be
compensated entirely under the terms of Article VIII, Section I, of this
Agreement relating to "Injury Leave."
If the pool should be exhausted at any time, an officer must use his
personal sick days or be put on dock time. Pool days may only be used as
they are available, and may never be used retroactively.
The number of days in the pool shall be solely for the benefit of
officers with extended injuries or illnesses, and such days shall not
revert to the accumulated sick leave of individual employees.
Pool time may only be used for disability, which is defined as a
non -job related injury or illness which prevents an officer from fully
performing assigned duties in all major divisions of the department.
The Chief may at any time require a medical examination to determine
•if an officer is permanently disabled. When it is determined that an
officer is permanently disabled, the Chief shall be entitled to terminate
or retire the officer, whichever is applicable. The initial determination
of permanent disability shall be made by the City Physician. Should the
officer desire further examination, he may request that three physicians be
appointed by the City Physician. The officer and the City shall each pay
50% of such expense. The majority finding of the three physicians as to
whether a permanent disability exists shall be final and nonappealable.
Upon termination or retirement for permanent disability the officer shall
-43-
ARTICLE VIII - cont'd
be entitled to a lump sum payment for all his accumulated personal sick
leave, but shall not be entitled to use or be compensated for any pool
days.
Upon any employee's being absent from duty for 90 working days as a
result of a single illness or injury, the Chief shall immediately require
the employee to submit to a medical examination to determine whether the
employee is permanently disabled, such determination to be made in
accordance with the procedures in the preceding paragraph.
An officer who has previously been declared permanently disabled may
at the discretion of the Chief be eligible for reappointment to the service
upon certification by the City Physician that he or she has recovered from
the disability, and is able to perform full duties. Provided, however,
after two years from the date of such disability the employee shall no
longer be eligible for reappointment.
R. Termination Pay. Upon termination, sick leave shall be paid to
police officers according to the following schedule:
(1) Less than 4 full years of service: zero days.
(2) 4 full years of service: not more than 30 days.
(3) 5 full years of service: not more than 40 days.
(4) 6 full years of service: not more than 50 days.
(5) 7 full years of service: not more than 60 days.
(6) 8 full years of service: not more than 70 days.
(7) 9 full years of service: not more than 80 days.
(8) 10 or more full years of service: not more than 90 days.
(9) 25 or more full years of service: not more than 180 days.
-44-
ARTICLE VIII - cont'd
S. Longevity Pay. Longevity pay shall be $6.00 per month for each
complete year of service up to a maximum of 10 years of service.
Thereafter, for each additional year of service, longevity pay shall be
$4.00 per month for each year up to a maximum of 25 years of service.
T. "Permanent Disability" Defined. For purposes of Section "I" and
"N" of this Article "permanent disability" is an injury or illness which
disables an officer to the extent that it cannot be said in reasonable
medical probability that the officer will be able to return to full duties
within one calendar year.
U. Bomb Squad Pay. Employees assigned to the bomb squad shall
receive extra pay for such hazardous duty in the amount of $40.00 per
month.
V. Breathalizer Certification Pay. All employees currently
certified as breathalizer operators shall receive extra pay in the amount
of $30.00 per month.
W. Productivity/Merit Payment. All employees are eligible to
receive lump sum productivity/merit payments as established by the City
Compensation Ordinance and administered by the City Manager, during the
term of this contract but not after July 31, 1985.
X. Pistol Qualification Requirement and Pay. Each officer is
required to attend the firearms range for practice each month the range is
open, except as otherwise provided herein. Every officer shall be required
to demonstrate his proficiency by scoring at least 70 each month. If an
officer scores below 70, he shall be required to shoot in his own time
without compensation each subsequent month until his score is at least 70.
-45-
ARTICLE VIII - cont'd
Failure to score at least 70 for three consecutive months shall be grounds
for disciplinary action. Subsequent failure to score 70 shall be grounds
for disciplinary action, the severity of which shall depend upon the
remoteness in time from the original 3 -month failure and the number of
failures since that time. Provided, however, after an officer has
qualified for 12 consecutive months, failure for 3 months shall be required
for disciplinary action.
Officers who shoot a masters score (94-100) shall be compensated for
such proficiency at the rate of $25.00 per month. This compensation shall
continue so long as his score remains within that range. To receive such
compensation, the officer must attend the range each month the range is
open unless he has an excused absence.
Officers who shoot an expert's score (89-93) shall be compensated for
such proficiency at the rate of $15.00 per month. This compensation shall
continue so long as his score remains within that range. To receive such
compensation, the officer must attend the range each month the range is
open unless he has an excused absence.
Officers whose shift assignment is completely outside the hours when
the range is open will be required to shoot on their own time. Such
officers will be compensated at the rate of two hours overtime for each
required attendance. Such officers will be subject to the same proficiency
requirement of 70 and failure to qualify will require the officer to
practice on his own time without compensation each subsequent month until
he can score 70. The same compensation for masters and experts proficiency
shall be available to these officers.
-46-
ARTICLE VIII - cont'd
Excused Absences.
1. Vacation or leave of absence during the entire time the range is
open for that month.
2. Illness or injury leave during the entire time the range is open
for the month.
3. Failure of the City to provide time for attendance during the
officer's shift for officers whose shift assignment is not'
completely outside the hours when the range is open.
ARTICLE IX - LEGAL DEFENSE SERVICE
Legal Defense. The City will provide a legal defense to any police
officer in a civil lawsuit, on account of any action taken by such police
officer while acting within the course and scope of the police officer's
employment for the City of Corpus Christi. The City, by conducting or
participating in the employee's defense, does not assume any obligation or
liability not otherwise imposed by law and does not expressly or impliedly
waive any immunity or defense which is available to the City. The City need
not assume any obligation not otherwise imposed by law for any judgment
which is rendered against an employee. The City Manager may in his
discretion refuse a legal defense for an employee where there are
indications of intentional acts, gross negligence or recklessness.
1. The police officer shall notify the City of any claim being made
against such police officer not later than thirty (30) days from the date
that such police officer received notice of such claim, and shall request
-47-
ARTICLE VIII - cont'd
the City to assume the defense of the police officer regarding such claim.
The City may require that such request be made in writing.
2. If suit is brought against such police officer, such police
officer shall immediately forward to the City Attorney every demand,
notice, summons or other process received by him.
3. Such police officer shall cooperate with the City and, upon the
City's request, shall assist the City in arriving at settlement agreements,
and the conduct of suits, and in enforcing any rights of contribution or
indemnity against any person or organization who may be liable for all or
part of such damages, and shall attend all hearings and trials and assist
in securing and giving evidence and obtaining the attendance of witnesses.
-48-
ARTICLE X - PERSONNEL PRACTICES
A. Notice of Shift Change. The City shall post the monthly shift
change schedule at least forty-eight (48) hours prior to the beginning of
said shift change. This requirement shall not limit the City's right to
reassign employees on short notice to other shifts, based upon scheduling
and manpower contingencies that may arise.
B. Wearing of Uniform on Off -Duty Security Jobs An "off-duty
security job" shall be defined as off-duty employment, the primary purpose
of which is to utilize, or to potentially utilize, the training and police
powers of the Corpus Christi police officer. The Chief may at his
discretion, require a police officer working an off-duty security job to
wear a police uniform during his first year of employment. After the first
year of employment, the Chief may require a police officer working an
off-duty security job to wear a police uniform where the circumstances
clearly demonstrate that by said officer's failure to wear a uniform, he
would present a danger to the public, the secondary employer, and the
efficiency of the Police Department. The criteria that the Chief shall
consider in determining whether or not a danger exists includes:
1. The secondary job assignment;
2. The officer's personnel evaluations and experience;
3. The officer's prior disciplinary record; and
4. The presence or absence of commendations and awards.
C. Posting and Administration of Promotional Examinations. Posting
of promotional examinations shall take place no later than sixty (60) days
prior to the examination. Exceptions shall be permitted on materials or
books which are not readily available from publishing companies. In any
-49-
ARTICLE X - cont'd.
event such study material must be available at least thirty (30) days prior
to the examination date. A posting of the examination study materials
shall be posted simultaneously along with all announcements for promotional
examinations.
With respect to vacancies in the ranks of Lieutenant and Captain,
where no current eligibility roster exists, the City shall have 120 days
from the date of vacancy to complete the administration of written and oral
board examinations and post an eligibility roster. The Chief shall have 30
days from the posting of a Lieutenant or Captain eligibility roster to
review the candidates and select an appointee, even if posting should for
some reason occur more than 120 days from the date of vacancy.
D. Entrance Examinations. Entrance Examinations may be administered
at any time to qualified groups or individual applicants. Names placed on
the eligibility list for entrance appointments shall remain on that list
for one (1) year from the date of the written examination. The eligibility
list shall exist continually as names are added and deleted. No applicant
shall be permitted to take an entrance exam more than once during a
twelve-month period.
E. Promotional Examination Corrections. The Civil Service Director
shall have authority to recommend to the Civil Service Commission changes
to entrance or promotional examination questions where clerical errors in
compiling the test questions have been discovered or where a question
arises as to general accuracy.
F. Senior Officer's Proficiency Examination. Patrol officers who
have ever had 30 months of service in the Corpus Christi Police Department
-50-
ARTICLE X - cont'd.
shall be eligible to take an individual pass -fail written proficiency
examination to qualify for immediate advancement to the rank of Senior
Officer. Provided, however, upon return from a break in service, an
officer must serve a one-year probationary period before being eligible to
take the Senior Officer proficiency examination. Proficiency examinations
shall be administered on a semi-annual basis. Officers shall advance only
after successfully passing the examination by correctly answering at least
70% of all questions provided in the test. The results of the proficiency
test with the exception of fraud, shall not be appealable to the Civil
Service Commission or Arbitration.
G. Eligibility for Promotion. The following minimum rank and
service shall be required of all officers prior to participating in any
part of the promotional procedure as set forth in this contract.
-51-
Classification
(1) Police
Officer
ARTICLE X - cont'd.
Mos./Years
Continuous
Service Other Promotional
Required Requirements Classification
30 months prior to Written
test (with requi- Proficiency
site probation)
(2) Senior 3 years service in Promotional
Officer Department immedi- Examination
ately
(3) Lieutenant 1 year service in Promotional
rank immediately Examination
prior to exam
(4) Captain
2 years service in Proficiency
rank immediately Test
prior to test
1 year service in
rank immediately
prior to appoint-
ment or two years
as lieutenant plus
proficiency test
2 years service in A total of 6
rank immediately years service
prior to appoint- in the
ment Department
Senior Officer
Lieutenant
Captain
Commander
Commander
Assistant Chief
By making Lieutenants eligible for promotion to Commander, the
Association does not agree or admit that Lieutenants are excluded from the
bargaining unit under the following definition of "supervisor".
Supervisor: Any individual having authority in the interest of
the employer, to hire, transfer, suspend, lay-off, recall,
promote, discharge, or reward other employees, if in connection
with the foregoing the exercise of such authority is not of a
-52-
ARTICLE X - cont'd.
merely routine or clerical nature, but requires the use of
independent judgment.
For all other purposes of this contract, however, the term
"Supervisor" is defined in Article II, Section 6 of this contract.
H. Promotional Procedures. The promotional examination procedure
for the classification of Lieutenant and Captain shall consist of 2 parts
as follows:
(1) Written Examination - Shall consist of questions relating to the
specific duties of the position to be filled. The written examination
shall have no specific failing score but will provide a ranking of
participants from high to low score. In the event that written
examination scores are the same, the earliest time for submitting the
examination form to the test administrator for grading shall determine
respective standing. Only the highest ten shall be allowed to
continue on to the next phase of the examination process (Oral
Examination Board).
(2) Oral Examination Board - Shall consist of: (a) four persons from
outside of the Police Department who currently hold an
administrative level position in a law enforcement agency
operating in a city of 50,000 or more population. Two such board
members shall be chosen by the Chief and two by the Association.
(b) One person mutually agreed upon by the Chief and the
Association from either inside or outside the Police Department
who has had working experience with personal evaluation.
-53-
ARTICLE X - cont'd.
The selection of the four assessors, as provided in paragraph
2(a) above, must be made by the Chief and the Association not
later than forty-five (45) days prior to the scheduled date of
the exam. Should either party fail to timely appoint any
of their respective assessors, the assessor shall be designated
by the City Manager. In the event the fifth assessor provided in
paragraph 2(b) cannot be mutually agreed upon, the assessment
center shall be conducted with the four assessors provided for in
paragraph 2(a) above.
The results of the Oral Board Examination shall be binding for
one year and, with the exception of fraud, shall not be
appealable to the Civil Service Commission or arbitration.
The assessment center examination date will be posted on the same
day the written test announcement is posted. A brief explanation
of the assessment center exercises shall be included in this
posting. Assessors shall be trained in the methods to be used in
administering the test for a minimum of eight hours. All
candidates will be given the opportunity to attend a classroom
orientation period concerning the assessment center process. The
orientation will include general information concerning the
exercises they will be taking during the assessment process. The
assessment center process shall include at least three exercises.
These shall be:
-54-
ARTICLE X - cont'd.
(i) An in -basket exercise of at least 60 minutes duration,
excluding the debriefing portion. Every effort shall be
made to provide short, simple instructions for the
participants before they do the exercise. All five
assessors shall grade each in -basket exercise.
(ii) A leaderless group discussion - shall be a problem or
problems relevant to the department given to each of the
participating candidates. Each participant will be given
identical information to begin the exercise.
(iii) A structured interview - during this exercise, each
candidate will be permitted to take a period of five
minutes, maximum, to introduce himself to the assessors,
giving particulars of his background and career goals he
might feel pertinent. The exercise shall consist of each
candidate being asked the same questions. The questions may
have either of two formats, one being of a hypothetical
nature, the other being of a general inquiry nature.
Hypothetical situations may not be changed from one
candidate to another, but questions exploring answers
offered by a candidate may be asked if the assessors feel
they need an answer clarified or explained. All five
assessors shall grade this exercise.
-55-
ARTICLE X - cont'd.
Feedback shall be provided to each candidate in a "feedback" session by the
assessment center coordinators. The purpose of this session will be to
provide each candidate with his score, what areas he excelled in, what
areas he did poorly in, and what he might do to improve his performance in
the future. The scores of the assessment center shall count 60% of the
combined score and the written examination scores shall count 40% of the
combined scores to determine the final ranking when 1 point for each year
of service is added up to a total of ten points maximum for seniority.
I Eligibility Lists. Within 48 hours of the completion, excluding
weekends and holidays, of the oral examination process, an eligibility list
shall be prepared and posted with the respective ranking of all applicants
based on the following weights:
(1) Written examination - 40%
(2) Oral Board Examination score - 60%
100%
1 point for each year of service in
the Department up to a maximum of
10 points
- 10 Points
110 Maximum points
J. Reciprocal Employment Agreements. The City and the Association
shall make a good faith effort to develop reciprocal employment agreements
to be entered into between the City and other Texas cities providing for
lateral transfer of officers from one city to another without restricting a
-56-
ARTICLE X - cont'd.
transferred officer to entry level rank. Any such agreement may be made by
the Police Chief subject to approval of the Association's Executive Board,
and shall be written and signed by the Chief of Police and no less than
three members of the Executive Board.
-57-
ARTICLE XI
EMPLOYEE -MANAGEMENT RELATIONS
A. Labor Relations Committee. The City and the Association, having
recognized that cooperation between management and employees is
indispensable to the accomplishment of sound and harmonious labor
relations, shall jointly maintain and support a labor relations committee.
The labor-management committee shall consider, discuss and recommend to the
Chief any problems pertaining to the employment conditions of employees.
Matters subject to the grievance procedure shall not be appropriate items
for consideration by the labor-management committee. The labor management
committee shall consist of the following: (1) the City Manager or his/her
designee, who shall be a City employee from outside the Police Department;
(2) the Chief or his/her designee, who shall be a police officer within the
Police Department; (3) the Association President or his/her designee, who
shall be a police officer from within the Police Department from the
Association; (4) the Association Vice -President or his/her designee, who
shall be a police officer from within the Police Department from the
Association. The labor-management committee shall meet bi-monthly unless
mutually agreed otherwise, and a written summary report of the meeting
shall be generated within 30 days subsequent to the meeting.
B. Contract Administration. During fiscal year 1983-1984, the City
shall conduct contract administration training and/or orientation for all
supervisors within the bargaining unit. The City shall also develop and
implement a standard instruction outlining the procedures and methods by
which supervisors resolve employee grievances. The City and the
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ARTICLE XI - cont'd.
Association may consult on the form and content of both training and the
standard instruction, but the City retains the right to make any and all
final decisions regarding these matters.
C. Internal Investigation Guidelines. In the event that a police
officer is interviewed by a division commander, or internal investigator
regarding conduct which, if proven, may result in a suspension or
indefinite suspension, the following guidelines shall prevail:
1. The interview of any employee shall be at a reasonable hour,
preferably during on -duty hours, if possible; but not necessarily,
depending upon circumstances. In the event of a dispute of the reasonable
hour determination, the decision of the Chief shall be final.
2. The interview shall take place at a location designated by the
investigating officer, usually at the Headquarters Police Station.
3. The employee shall be informed of the rank, name and command of
the officer in charge of the investigation, as well as the rank, name and
command of the interviewing officer and the identity of all persons present
during the interview.
4. The employee shall be informed of the nature of the investigation
before any interview commences. Sufficient information to reasonably
apprise the employee of the allegations shall be provided. If it is known
that the employee being interviewed is a witness only, he shall be so
informed.
5. The interview shall be completed with reasonable dispatch.
Reasonable respites shall be allowed. Time shall be provided also for
personal necessities, meals, telephone calls, and rest periods as are
reasonably necessary.
-59-
ARTICLE XI - cont'd.
6. The member shall not be subjected to any offensive language, nor
shall he be threatened with transfer, dismissal or other disciplinary
punishment. No promise of reward shall be made as an inducement to
answering questions. Nothing herein is to be construed as to prohibit the
investigating officer from informing the employee that his conduct can
become the subject of disciplinary action resulting in disciplinary
punishment.
7. If an employee is under arrest or is likely to be, that is, if he
is a suspect or the target of a criminal investigation, he shall be
accorded all rights pursuant to law to which any citizen would be entitled.
8. At the request of the employee or the interviewing officer, the
complete interview of the employee shall be recorded mechanically or by a
stenographer. There will be no "off the record" questions unless so agreed
by both parties. All recesses called during the questioning shall be noted
in the record. The party requesting mechanical recording or recording by a
stenographer shall pay all costs of same, unless the parties agree on a
cost division between them.
9. Upon request of the employee's attorney, said attorney shall be
given an exact copy of any written statement the employee executed, or if
the questioning is mechanically or stenographically recorded, the attorney
shall be permitted to record or transcribe from the original recording upon
his request, or to purchase a copy of the original recording.
10. The refusal of an employee to answer questions and submit reports
shall be grounds for disciplinary action. Any answer of the employee may
be used as evidence in any disciplinary action against the employee.
-60-
ARTICLE XII
IMPASSE PROCEDURES: POLITICAL ACTIVITIES
PART I
Negotiations for a new contract shall commence in accordance with
Article 5154c-1. If impasse should be reached as defined in Article
5154c-1, either party may request mediation, and upon such request, the
parties shall immediately proceed to choose one mediator as provided
herein. The function and powers of the mediator shall be as specified in
Article 5154c-1, Section 9(c). The mediation shall extend for fourteen
calendar days.
If no agreement is reached through mediation, upon request of either
party, the parties shall submit the dispute to one Factfinder, chosen as
provided herein. The Factfinder shall conduct a full and fair. hearing. By
agreement the parties may submit an issue or issues to the Factfinder. If
no agreement is reached, each party shall be entitled to submit four
proposals to the Factfinder, each proposal on a distinct topic. For
example, each of these constitutes a distinct topic: salary, dependent
health insurance coverage, promotional procedures, political activities.
Each party may submit its four proposals, and its alternatives to the other
party's proposals. The hearing shall be informal and strict rules of
evidence shall not apply. After hearing all evidence offered by the
parties, and any evidence requested independently by the Factfinder, the
Factfinder shall render a written decision making findings of fact and
recommendations as to all matters in dispute. In the opinion, the
Factfinder shall state his reasons for his findings of fact and
recommendations. In rendering such findings and recommendations the
-61-
ARTICLE XII - cont'd.
Factfinder shall exercise his independent judgment and shall not attempt to
"split the difference."
In making the findings of fact and recommendations the Factfinder
shall consider the following evidence submitted to him by the parties or
obtained at his direction: the overall compensation in the current
contract including direct salary and fringe benefits; the income available
to the City and demands on that income; a comparison of wages, hours, and
conditions of employment of Corpus Christi police officers with the wages,
hours, and conditions of employment of other public and private employees
performing similar services and with other employees generally in public
and private employment in comparable communities and in Corpus Christi; the
hazards of employment, physical, educational, and mental qualifications,
job training and skills required of a Corpus Christi police officer; the
cost of living in Corpus Christi relative to other communities; the rate of
increase in the cost of living for the preceding twelve-month period using
localized data to the fullest extent feasible; and any current national or
state policies or guidelines with respect to compensation.
The selection of the mediator and the Factfinder shall occur as
follows. When either party requests mediation or factfinding, the parties
may agree to choose any mediator or factfinder or method of choosing same.
If no agreement occurs within five days from the request, the parties shall
request a list of seven neutrals from the American Arbitration Association
(AAA). Upon receiving the list, the parties shall select the mediator or
factfinder by alternately striking names. The request to AAA shall state
the dates on which the neutrals must be available. The mediator and the
-62-
ARTICLE XII - cont'd.
factfinder shall be selected within the five days after receipt of the list
from the AAA. The fee and expenses of the mediator and the factfinder
shall be split equally between the City and the Association. All other
expenses, including witness fees, shall be paid by the party incurring the
expense or calling the witness.
If, within seven days after factfinding, the parties have failed to
agree to a contract, the major, unresolved issues shall be submitted to the
qualified voters of Corpus Christi in a referendum election according to
the following procedure. The election shall be held on the first date
permissible under state law. By agreement the parties may submit any issue
or issues to the voters. If no such agreement is reached, then each party
shall be entitled to submit two issues to the voters, each issue on one
distinct topic. For example, each of these constitute a distinct issue:
Salary, dependent health insurance coverage, promotional procedures,
political activities. Each party will submit its two issues, and its
alternatives to the other party's issues, so that the voters will vote on
four distinct issues. Each voter will have the option of voting for all of
the issues of one party, or for some issues of one party and some of the
other. The issues submitted to the voters will appear on the ballot
exactly as each respective party would have them appear in the contract.
The decision on each issue by a majority of the voters voting on the issue
at the referendum election shall be binding on the parties, subject to the
laws of Texas, and shall be adopted as part of the collective bargaining
agreement. In the absence of agreement of the parties to the contrary, the
term of the provisions adopted by the voters shall be the same as the term
-63-
ARTICLE XII - cont'd
of the entire contract entered into by the parties, or, in absence of such
a contract, shall extend until the next July 31 following the election or
until a new contract is agreed upon. The Association shall pay the cost of
printing the ballots. All other costs of the elections shall be paid by
the City. The place of the respective parties on the ballot shall be
determined by coin flip.
An impasse referendum can be canceled at any time up to fifteen (15)
days prior to the election date by agreement of the parties.
PART II
No police officer, no representative of the Association in any
capacity, nor the Association as an entity, shall take an active part on or
off duty in any political campaign of another for an elective position of
the City or in any campaign to recall any elected official of the City.
The term "active part" means making political speeches; distributing cards,
circulars or other political literature; doing work of any kind at campaign
headquarters; writing letters; signing petitions; advertising, actively
soliciting votes or supporting candidates or recall of officials; making
public derogatory remarks about candidates or officials involved in recall
proceedings; or engaging in any similar political activities. Violation of
this Part II by the Association or any representative thereof shall be
grounds for the City to declare this Article XII null and void. Whether
this section on political activities has been violated by the Association
or its representatives is a fact question which may be appealed to
arbitration by the Association within ten days of notice from the City that
-64-
ARTICLE XII - cont'd.
it believes a violation to exist. If the arbitrator finds that a violation
exists he must declare this Article XII null and void. Violation of this
Part II by an individual police officer shall be governed by standard
procedures for disciplinary actions.
PART III
The Association and the City agree that during the term of this
Article XII no request shall be made for submission of unresolved issues to
arbitration under Article 5154c-1 or any other statute, charter or
ordinance provision, and that any such request shall be void and
ineffective.
Any provision of this Article XII may be amended by written agreement
of the parties.
If the impasse procedures established herein shall be held invalid by
the courts, all other provisions of this Article 12 shall become
ineffective, unless the parties agree in writing to continue them in
effect.
-65-
ARTICLE XIII
EXISTING CONDITIONS
No employee shall be unfavorably affected by the signing of this
agreement as to wages, hours, or other conditions of employment that he now
enjoys, except as otherwise provided in this agreement.
-66-
ARTICLE XIV - cont'd.
sections of this agreement shall remain in full force and effect for the
duration of this agreement.
FOR THE CITY OF CORPUS CHRISTI, TEXAS: FOR THE CORPUS CHRISTI POLICE
OFFICERS' ASSOCIATION
Date Date
Edward A. Martin, City Manager Ruben Cisneros, President
ATTEST:
Bill G. Read, City Secretary
APPROVED:
day of , 19
J. BRUCE AYCOCK, CITY ATTORNEY
Melene Dodson, Assistant City Attorney
-68-
APPENDIX "A"
DUES DEDUCTION AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Dues Title
Code Payroll No. Employee No. Code No.
Social
Name Security No.
(Last) (First) (M.I.)
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct each pay
period the sum of $ as certified by the Corpus Christi
Police Officers' Association as the current rate of dues or an amount as
may hereafter be established by the Corpus Christi Police Officers'
Association as dues. This deduction is to be forwarded directly to the
Corpus Christi Police Officers' Association. The authorization of this
deduction is entirely voluntary on my part.
I understand that the City of Corpus Christi will be obligated to
forward to the Association only those sums actually deducted and will not
be liable for damages to me for failure to deduct any authorized sum for
any reason.
Signed
Date
-69-
APPENDIX "B"
SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Assessment Title
Code Payroll No. Employee No. Code No.
Social
Name Security No.
(Last) (First) (M.I.)
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct a special
assessment in the sum of $ as certified by the Corpus
Christi Police Officers' Association for the expressed purpose of
This special
assessment deduction is to be forwarded directly to the Corpus Christi
Police Officers' Association. The authorization of this special assessment
deduction is entirely voluntary on my part.
I understand that the City of Corpus Christi will be obligated to
forward to the Association only those sums actually deducted and will not
be liable for damages to me for failure to deduct any authorized sum for
any reason.
Signed
Date
-70-
APPENDIX "C"
TERMINATION OF DUES DEDUCTION
ON SPECIAL ASSESSMENT AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Dues Title
Code Payroll No. Employee No. Code No.
Name
(Last)
(First) (M.I.)
Social
Security No.
Address Zip Code
I hereby terminate the authorization previously executed by me on
for dues deduction for the Corpus
Christi Police Officers' Association and request that the City make no
further deductions under said authorization. This termination of dues
deduction is entirely voluntary on my part and I understand that the City
of Corpus Christi will not be liable for failure to promptly effectuate
this termination for any reason.
Signed
Date
-71-
Corpus Christi, Texas
7 ' day of
7983
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
iAe
jOr
THE CIT OF CORPUS CHRISTI, TEXAS
MAYOR
Council Members
The above ordinance was passed ; y the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
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