HomeMy WebLinkAboutC2007-060 - 1/30/2007 - Approvedcombined
Law Enforcement
Associations of Texas
A('11REEMENT
BETWEEN
THE (71TY OF CORPUS CHRISTI
THE CORPUS CHRISTI POLICE OFFICERS'
ASSOCIATION
Vigo IN-t 1, 2006 to July-3) 1, 2010
xi
INDEXED
AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
VIM
THE CORPUS CHRISTI POLICE
OFlICERS' ASSOCIATION
August 1, 2006 to July 31, 2010
TABLE OF CONTENTS
Article 1 —Preamble ..........., ,.4
Article 1— Definitions ................. ..4
Article 3 — Association Rights ........ 5
A. Association Recognition and
Scope of Unit ....................... _ 5
B. Payroll Deduction of Dues.., _ 5
C. Time Off for Association
Business .. ............................... 7
D. Bulletin Boards,. ........... ........8
Article 4 — Association Duties ........8
Article 5 — Management Rights...... 9
Article 6 — Management Duties to
the Association ... ...... ,.10
Article 7 — Disciplinary Action..... I I
Article 8 — Grievance Procedure ..17
Article 9 — Hours of Work.... .......19
A. Workweek......... ........... ......19
B. Overtime . .............................19
C. Court Time and Call Back.... 20
D. Deferred Compensation for
Overtime. . ......... ........... ...... . 20
Article 10 — Salary and Benefits ...21
A. Monthly Salary Schedule ..... ..21
B. Health Insurance and Life
Premiums
C. Field Training Officer Pay ... ..23
D. Education Incentive Pay ...... ,24
E. Clothing and Equipment. ....... 24
F. Pensions .. .............................24
G.
Classification Compensated
A.
Holidays ... .............................27
Under the Managerial Group
25
H.
Termination Pay ...................
25
I.
Longevity Pay ........................
25
J.
Bomb Squad Pay ....................
25
K.
Breathalyzer Certification
F.
Line of Duty Injury or Illness
Pay......... ...............................
25
L.
Weekend Pay ........................
26
M.
Shift Differential Pay...........
26
N.
Shift Changes .......................
26
O.
Dog Handler Pay ..................
26
P.
SWAT Team Pay ..................
26
Q.
Hostage Negotiation Team Pay26
R.
Dive Team ............................
26
S.
Badges .... ...............................
26
Article 11 — Leave ..........................
27
A.
Holidays ... .............................27
B.
Vacations ..............................
27
C.
Personal Leave ......................
28
D.
Military Leave ......................
28
E.
Special Leave ........................
28
F.
Line of Duty Injury or Illness
28
G.
Administrative Leave ...........
29
H.
Leave Buy Back ...................
29
I.
Sick Leave and Pool ...............
29
J.
Other Leave Time Policies ....
30
K.
Bereavement Leave ..............
30
L.
Funeral Benefit .....................
30
Article 12 — Personnel Practices... 30
A. Interchangeable Use of Police
Officers and Senior Police
Officers ... ............................... 30
B. Disability .............................. 30
C. Civil Service Internal
Investigations ........................ 31
D. Civil Service Commission
Records... ............................... 31
E.
Notice of Shift Change ..........32
A.
F.
Wearing of Uniform on Off
Promotional Examinations ....36
Duty
B.
Promotional Examinations
Security Jobs— .. ..................32
G.
Entrance Examinations .... ,....
33
H.
Alternate Hiring Process.......
33
I.
Reinstatement ........................
34
J.
Mandatory Random Drug
Requirement for Lieutenants .37
Testing.... .............................34
E.
K.
Layoffs, Recalls and Reduction
in Force ....................... ..........36
Article 13 — Promotions ................36
A.
Posting and Administration of
Promotional Examinations ....36
B.
Promotional Examinations
Corrections ..........................37
C.
Senior Police Officer's
Proficiency Examination .......37
D.
After Acquired Educational
Requirement for Lieutenants .37
E.
Appointment of Assistant
Chiefs
and Commanders ...................37
F.
Probationary Period of
Lieutenants
and Captains .........................38
G.
Filling Vacancies Below
Commander.... . ......................38
H.
Eligibility for Promotion... ....
39
I.
Promotional Procedures...- ....
40
J.
Eligibility Lists .......................41
K.
Grievances or Suits Claiming
a
Right to Promotion ................41
L.
Chapter 143 Applicability .....41
M.
Nepotism . .............................41
Article 14 — Employee Management
Relations .................... 42
A. Labor Relations Committee.. 42
B. Legal Defense ....................... 42
Article 15 — Association health and
Benefit Trust .............. 43
Article 16 — Impasse Procedures.. 44
Article 17 — Political Activities ..... 45
Article 18 — Existing Conditions... 45
Article 19 — Closing Clauses ......... 46
Appendix "A" — Dues Deduction and
Special Assessment Form ..... 48
Appendix "B" — Termination of Dues
Deduction .............................. 49
Appendix "C" — Grievance Form.... 50
Appendix "D" — Insurance .............. 55
Appendix "E" — Wage Index Forms 59
Appendix "F" — Physical Fitness..... 61
3
THE STATE OF TEXAS §
COUNTY OF NUECES §
AGREEMENT
ARTICLE 1 - PREAMBLE
Pursuant to the mutual agreement of the parties, this agreement has been entered into by the City
of Corpus Christi, hereinafter referred to as the "City "; and the Corpus Christi Police Officers' Association,
hereafter referred to as the "Association. " The purpose of this agreement is the promotion of harmonious
relations between the City and the Association; the establishment of equitable and peaceful procedures for
the resolution of differences; and the establishment of compensation and other conditions of employment.
ARTICLE 2 — DEFINITIONS
"Accredited college or university," means a college or university whose accreditation is approved by the
Texas higher Education Coordinating Board
"Association" means the Corpus Christi Police Officers Association.
"Calendar days" means any day including weekends and holidays. When the agreement specifies 365 -days,
366 -days will be used during a Leap Year.
College of American Pathologist Forensic, Urine, Drug Testing Program.
"'Chapter 143, Local Government Code," means the Municipal Civil Service Act, formerly TEX.
REV.CTV. STAT. ANN. Art. 1269m (codified 1987).
"Chapter 174, Local Government Code," means the "Fire and Police Employee Relations Act," formerly
Article 5154c -1 of Vernon's Annotated Civil Statutes.
"Chief" means the Chief of Police of the City of Corpus Christi.
"City Manager" means the City Manager of the City of Corpus Christi.
"City" means the City of Corpus Christi.
"Commission" means the Firefighters' and Police Officers' Civil Service Commission of the City of Corpus
Christi as set forth in Chapter 143, Local Government Code.
"Emergency" is defined as any unexpected happening or event or unforeseen situation or crisis that calls
for imi*ediate action and requires alteration of schedules, work hours, shifts and/or personnel assignments.
The Chief may declare an emergency pursuant to this definition.
"Employee" means any sworn police officer of the City with the exception of the Chief of Police.
"Executive Board" means those members of the Association duly elected or selected as officers and
directors of that organization.
"Gender" Reference to the male gender throughout this Agreement shall have equal force and include
reference to the female gender.
"Grievance" means any and all disputes arising under the Grievance Procedure in Article 8.
"Merger" means any employee who is on the membership list of and pays dues to the Association.
"MRO." Medical Review Officer.
"Police Officer Trainee." An individual employed by the Corpus Christi Police Department who has not
yet completed the Corpus Christi Police Academy and been commissioned as a Police Officer.
"Probationary Period." Begins on the date of graduation and commissioning from the Corpus Christi
Police Academy, and ends 365- calendar days from that date.
"S.A.M.H.S.A." Substance .Abuse and Mental Health Services Administration.
"Seniority." Begins on the date of graduation and commissioning as a Police Officer from the Corpus
Chrism Police Academy.
"Strife" means, whether done in concert or individually, a failure to report for duty, the willful absence
from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and
proper performance of the duties of employment (including but not limited to "slowdowns ", "sickouts ",
and the intentional failure to make arrests), for the purpose of inducing, influencing or coercing a change in
the conditions, compensation, rights, privileges, or obligations of employment.
"Supervisor" means any officer with the rank of Lieutenant or above, or any officer, when assigned
supervisory duties by ranking officers having authority to make such assignments.
"Terrftination of employment" means the officer voluntarily resigned, whether eligible for retirement or
not, or was indefinitely suspended and did not appeal his or her termination of employment or after
exhaustion of all appeals to arbitration and /or court.
"Work hour or working hour" means any hour an employee is scheduled to be on duty regardless of
whether on a weekend or holiday.
"Work days or working day" means business days excluding weekends and holidays.
ARTICLE 3 - ASSOCIATION RIGHTS
A. Amogtion Reemullion and Scone of Unit. The City hereby recognizes the Association as the
sole and exclusive collective bargaining agent for the unit consisting of all Police Officers, Senior Police
Officers, Lieutenants, Captains, Commanders, and Assistant Chiefs.
B, Payj*l Deduction 2f Dues.
1. The Association shall supply the City with all necessary papers and information for payroll
deduction of Association dues and assessments. The City shall not authorize payroll deductions for
membership dues to any other employee organization, which is qualified to be a collective bargaining
agent for police officers.
2 The City agrees to deduct dues upon receipt from the Association of a "Dues Deduction" form
voluntarily and individually authorized, signed and dated by each member of the Association. Such dues
will be established by the Executive Board in accordance with the bylaws of the Association. This
authorization shall remain in full force and effect for the term of this agreement or until termination by the
employee. Such "Dues Deduction" form is found in Appendix "A" and is incorporated by reference into
this ag»eement. The City shall begin such deductions on the following pay period after receipt of the "Dues
Deduction" form. Any dues increase will require the vote of the Executive Board and shall not need
additional signatures from the general membership.
3 The City agrees to deduct special assessments or Health and Benefit Contributions from all
employees that are members of the Association or the Health and Benefit Trust Fund upon receipt of
official notification from the President of the Association indicating that said special assessment has been
approved and ratified by a majority vote of the Association members. In return, the Association agrees to
defray the administrative costs to the City for such assessments in the amount of $50.00 per month to be
invoiced by the City on a monthly basis during the period of special assessment. The City is not
responsible for the administration and procedures used by the Association in collecting, distributing or
return of any assessment monies. The following language is for clarification only and is not subject to the
grievance procedure: The assessment ballot shall state the type of assessment, the amount of the
assessment, the designated period of the assessment, and date and manner of the reimbursement, if any.
The reimbursement of all unused assessment funds shall be distributed equally within 30- calendar days of
termination of the project as defined in the assessment ballot. For example, "the members shall be assessed
$10.00 for collective bargaining negotiations and reimbursement of all unused assessment funds shall be
distributed equally within 30- calendar days of execution of a new agreement."
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" form in Appendix "B" voluntarily and individually signed by the member of the Association
and a Ust of the names of officers who have terminated their participation shall be sent to the Association.
The association, pursuant to its constitution and by -laws, may suspend a member temporarily or
permanently. Such action will be initiated through a "Termination of Dues Deduction" form signed by the
president of the Association and furnished to the City. Such "Termination of Dues Deduction" form is
found in Appendix "B" and is incorporated by reference into this agreement. The City shall terminate
deduction of dues on the following pa} period after receipt of the "Termination of Dues Deduction" form.
51 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.
b. The City shall continue its practice of providing the Association with the print -out of current
dues deductions.
The City shall provide to the Association the police directory, the CCPD General Rules
N4anuai and Divisional Manual, and the CCPD/Municipal Court Telephone Directory as updated. The
Association agrees to use the directory for only internal Association activities and agrees to hold the City
harmless.
C. Time Off for Association Business.
I . 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
admitlistering this agreement. For a period of time not to exceed 4- hours, the Association shall have the
exclusive right to make a presentation to cadets at each academy class on the benefits provided by the
association, the benefits and rights under the collective bargaining contract, and the rights of police officers
under state and federal law. The visits and presentations shall be conducted in a manner and at a time as
not to interfere with the functions of the department and approved by the Chief. Such approval shall not be
unreasonably withheld.
? On each January 1, each member of the Association shall contribute accumulated sick
leave hours to a pool to be known as the "Association President" pool in an amount determined by the City
and Association to be sufficient each year to fund the pool. This pool shall be used to compensate the
Association President during his term of office in accordance with this paragraph. During his entire term of
office, the Association President shall be relieved of duty with pay to perform Association duties. The
Association President's base salary shall be offset by the hours in such pool. The City shall continue to pay
all benefits and additional pay, which the Association President is entitled to receive. The period during
which the Association President is relieved of duty under this provision shall not constitute a break in
service. In the event of an emergency, the Chief may order the Association President to report for duty as
assighed by the Chief during the emergency situation. If the Association President elects to return to duty
for the remainder of his term of office, he shall give the Chief 60- calendar days advance written notice of
the date he shall return to duty. If the Association President occupies a supervisory position, the Chief may
temporarily appoint to such position the next person on the appropriate promotional eligibility list to serve
in an acting capacity during the Association President's term of office. If there is no eligibility list for such
position, the Chief may appoint a person from the rank immediately below to work out -of -class during
such period.
In the event of the incapacity of the Association President for a period in excess of two (2) weeks
for iness or injury, at the option of the President, the President may elect to discontinue use of the
Association President's pool and utilize sick leave. This shall be effective upon two (2) weeks written
notification in advance that the Association Vice President shall be assuming the duties of the President.
The Association Vice President upon assuming the duties of the President shall be eligible to use the pool
hours during the absence of the President. In no event shall two (2) Association officers be eligible to draw
pool hours from the Association President's pool at the same time or covering the same period of time. In
the event of the death of the Association President or incapacity during which the Association President is
unable to communicate, the Association Vice President shall provide written notice of the intent to utilize
the Association President's pool hours under this provision.
3 With 5- calendar days written notice to the Chief of Police, time off with pay will be
allowed for officers who participate on the Association's negotiating team on days that the team is
preparing for negotiations and while contract negotiations are in session. If the team member is on their
regular day off, the employee is entitled to another day off with pay. The total number of persons
participating on each of the negotiating teams shall be equal, but no less than three. Preparation time shall
be limited to that reasonably necessary not to exceed one workday for each scheduled day of bargaining.
4 Members of the Executive Board and trustees of the Association Health and Benefit Trust
may receive time off,. without loss of pay, to attend regularly scheduled Association meetings, trust
meetings, and Executive Board meetings. The Chief may, at his discretion, grant said time off, subject to
scheduling and manpower contingencies that may arise.
5 A pool of 200 -hours shall be available during each year of this contract for time off with
pay for Association delegates and trustees to attend conventions or seminars held in connection with Asso-
ciation and trust activities, provided that said time off with pay shall not exceed a total of 200 -hours each
contract year regardless of the number of delegates elected to attend such functions. Additional expenses
for travel, lodging, etc. are not included. The Association President shall approve in writing the use of pool
time, and provide an accounting to a designee of the Chief of Police.
6. Except for a person who holds the position of President of the Association and has elected
to be relieved of duty to perform Association duties, no Captain shall serve as representative for an
employee on a grievance, serve on the Association Grievance Committee, or serve on the Association
negotiating team.
D. Bugft Boards. The Association may provide and maintain a bulletin board on any premise of
the Police Department at its own expense. The City will not authorize the posting of bulletin boards on
any promise of the Police Department by any other employee organization, which is qualified to be a
collective bargaining agent for police officers. The bulletin board shall be consistent in design and
standamids 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 proupptly removed by the Association. The matter will then be immediately referred to Step "4" of the
grievance procedure for resolution. The Association shall be allowed to disseminate bulletin board
information under the same rules and regulations adopted for bulletin boards and in accordance with the
procedures spelled out below. The Association President or his designee shall submit the proposed e-mail
in writing to the Chief for distribution to members of the bargaining unit only. The Chief shall approve or
disapprove of the proposed e-mail within 5- calendar days of receipt from the Association. The Chief shall
notify the Association of his decision in writing. In the event the Chief denies the request, the Association
shall have 5- calendar days from receipt of the Chief s decision to appeal that decision to the City Manager.
The City Manager shall either affirm or overrule the decision of the Chief within 5- calendar days of receipt
of an appeal atom the Association. The determination of the City Manager shall be final and binding on the
parties and shall not be subject to appeal to a grievance, arbitration or any other body. It is the intention of
this provision to allow the Association to provide information to officers only. Nothing herein shall be
construed to permit or sanction two -way communication between officers and the Association using this
method. Unauthorized use of the e-mail system in response to Association a -mails sent under this provision
shall be subject to departmental policy
ARTICLE 4 - ASSOCIATION DUTIES
A. ProWbted Practices. Neither the Association nor any employee shall engage in any of the
following practices:
I Restrain or coerce any employee in the exercise of any rights granted under this
agreement,
I. Cause or attempt to cause an employee to discriminate against another employee because
of the employee's membership or non - membership in any employee organization, or attempt to cause the
City to violate any rights of the employee;
3. Discriminate against any employee because he has signed or filed an affidavit, petition or
complaint. or given any information or testimony alleging violation of this agreement;
4. Discriminate against any employee covered by this agreement because of race, sex, creed,
color, age. National origin, affiliation, association or non - association; or discriminate in the application or
interpretation of the provisions of this agreement;
Discriminate against any employee who has filed a grievance pursuant to Article 8 of this
agreement;
6. Initiate, authorize, aid, or participate in any strike, picketing, or distribution relating to the
employee's employment or the employment of any other person by the City or any other employee; or
refuses to cross any picket line by whomever established where such refusal would interfere with or impede
the performance of the employee's duties as an employee of the City.
B. The parties hereto agreed that all negotiations will be conducted exclusively between the designated
bargaining representatives of the City and the Association. Neither party will make any effort to bypass the
spokefisman of the other party during the period of negotiations for amendments to this agreement unless an
impasse exists as defined under the "Fire and Police Employee Relations Act ", Chapter 174, Local
Government Code.
C. Any changes in wages, hours, terms and conditions of employment and other benefits granted by
the Texas State Legislature requiring the City to compensate, remunerate or otherwise assist employees
after the effective date of this agreement shall not alter the terms of this agreement during the life of said
agreement. This provision shall not unfavorably affect employees as to any changes in wages, hours, terms
and conditions of employment and other benefits granted by the Texas State Legislature requiring the State
of Texas to compensate, remunerate or otherwise assist employees after the effective date of this
agreement. Any changes in wages, hours, terms and conditions of employment and other benefits granted
by the 'Texas State Legislature requiring the 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
Legisiature that previously required the City_ to compensate, remunerate or otherwise assist employees after
the effective date of this agreement shall not alter the terms of this agreement during the life of said
agreement.
ARTICLE 5 - MANAGEMENT RIGHTS
A. The Association recognizes that the City has statutory and Charter rights and obligations in
contracting for matters relating to municipal operations. The right of contracting or subcontracting is
vested in the City.
B. The City shall have the authority to consolidate the operations of two or more departments, and to
reorgpnize 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 Mother unit of government. Upon such transfer, all agreements are terminated, including this
agreenitnt 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.
L. It is understood by the parties that every duty connected with operations enumerated in job
descriptions is not always specifically described, and it is intended that all such duties shall be performed
by the employee.
F The City shall reserve the right to use security personnel which include, but are not limited to, such
job classifications incorporated within the Compensation and Classification Plan as Safety Security
Officer, Jailer, 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 safety, and other similar related skills. Such job classification, as well as similar job
classifications adopted in the future which would include public safety personnel for Padre Island, are not
subject to the terms of this agreement.
G. The City reserves the right to use civilians in the Police Department to perform duties that do not
require a commissioned officer. Duties that require a commissioned officer are defined to be those duties
required by State law to be performed by peace officers. It is specifically agreed that the City may use
civilians to perform duties in the Police Department that are presently being performed by civilians
irrespective of any requirements of State law concerning the requirement for a police officer. It is also
agreed that civilians in the Police Department may not be used as direct supervisors of any commissioned
officer. Interpretation of this provision is subject to declaratory judgment action.
H. The City reserves the right to use personnel from the Police Department and the Fire Department
interchangeably during natural disasters and civil disorders.
1. The Chief shall have the exclusive right to:
Establish departmental rules and procedures;
Discipline or discharge for cause;
Determine work and overtime schedules in a manner most advantageous to the City;
4. Establish methods and processes by which work is performed; and
Transfer employees within the department in a manner most advantageous to the City.
J. Except as provided in th is agreement, the City retains the right to operate and manage its affairs in
all respects.
ARTICLE 6 - MANAGEMENT DUTIES TO THE ASSOCIATION
A. The City shall provide the following materials to every employee and the Association:
1 . .A current copy of rules and regulations of the department and any amendments, and
10
2. A true and correct copy of this agreement.
3. A true and correct copy of the Rules and Regulations of the Civil Service Commission for
Firefighters and Police Officers for the City of Corpus Christi, Texas, as amended.
B. The City shall not engage in the following practices:
I . Interfere with, restrain, or coerce employees in the exercise of rights granted in this agreement;
I. Dominate, interfere, or assist in the formation, existence or administration of any employee
organization which is qualified to be a collective bargaining agent for police officers; or contribute
financial support to any such organization.
�. 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;
>. Discriminate against any employee or employee group because of religion, sex, creed, color,
age, national origin, association or non - association or affiliation in an organized employee group or
discriminate in the application or interpretation of the provisions of this agreement.
C. Hurricane Call Out. The City agrees to provide posted locations prior to a call out for a hurricane
where employees may park their privately owned vehicles, and notify the officers of the employee shelter.
The City does not guarantee that vehicles will not be damaged at such locations or the safety of any person
who remains at the employee shelter during the hurricane.
D. The City shall notify the Association of all posted meetings of the Civil Service Commission for
Firefighters and Police Officers for the City of Corpus Christi, Texas.
ARTICLE 7 - DISCIPLINARY ACTION
A. The Chief shall have authority to demote, temporarily suspend not to exceed 240 -work hours, or
terminate any employee for the causes set forth in the Rules and Regulations of the Civil Service
Commission for Firefighters and Police Officers of the City. In the alternative, the Chief shall have
authority to impose "alternate disciplinary actions" in the nature of required attendance at and participation
in remedial, educational or rehabilitative programs. Such programs may be provided by the City or by the
City through a third party. The employee may appeal such actions as provided herein. Nothing herein shall
be construed to allow appeals of reprimands or other disciplinary actions or alleged disciplinary actions,
which were not previously appealable. It shall be within the sole discretion of the Chief to decide whether
to utilize the "alternate disciplinary actions" provided for herein, subject to the appeal provided herein.
When the Chief chooses to demote, temporarily suspend, or terminate any employee, the arbitrator shall
have no authority to consider or substitute an "alternate disciplinary action."
B. Disciplinary action may be taken against a police officer within 180- calendar days of the discovery
by the Chief of conduct by the officer which would constitute a felony or a Class A misdemeanor, and not
thereafter. Provided that such limitation shall not prevent disciplinary action against a police officer based
upon his conviction for any such crime notwithstanding that discovery of the conduct on which the
conviction is based occurred more than 180 - calendar days before the disciplinary action. Provided further
that no discipllinary action may be taken for conduct on which the criminal statute of limitations has run
regardless of the date of discovery. Provided, however, that nothing within this Section B shall in any way
limit the time within which the Chief may take disciplinary actions under Chapter 143 and to the extent
that Chapter 143 permits the Chief more time to initiate any disciplinary action it shall prevail.
C internal Investigation Guidelines. "Internal Affairs Investigation' means cases where an
allegation of misconduct has been made, an internal information report has been completed, assigned for
follow op investigation; it does not include incidents or situations arising in the field which require initial
fact firing to prepare an internal information report. In the event that a police officer is interviewed by a
division commander, captain. or internal investigator regarding an internal affairs investigation, which, if
proven, may result in a suspension or indefinite suspension, the following guidelines shall prevail. This
provision shall not apply to officer witnesses who shall be advised of their role in the investigation.
I. "The interview of any employee shall be at a reasonable hour, preferably during on -duty
hours. if possible, but not necessarily_ depending upon circumstances. In the event of a dispute of the
reasonable hoar 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 employees shall be informed of the rank, name and command of the officer in charge
of the investigation, as well as the rank, name and command of the interviewing officer and the identity of
all persons present during the interview.
4. Except in exigent circumstances, the employee shall be informed forty-eight (48) hours
prior to being interviewed or asked to otherwise respond to an internal affairs investigation of the general
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. "Exigent circumstances include necessary cooperation during
incident scene procedures, including securing the scene, controlling the public, preliminary responses to
press inquiries, obtaining witness information, obtaining and processing all physical evidence from the
scene or from the officer."
5. The interview shall be completed with reasonable dispatch. Reasonable respites shall be
allowed. Time shall be provided also for personal necessities, meals, telephone calls, and rest periods as
are reasonably necessary.
6. The employee shall not be subjected to any offensive language, nor shall he be threatened
with transfer, dismissal or other disciplinary punishment. No promise of reward shall be made as an
induceoent 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.
12
8. At the request of the employee or the interviewing officer, the complete interview of the
employee shall be recorded (video /audio) or by a stenographer. There will be no "off the record" questions
unless so agreed by both parties. All recesses called during the questioning shall be noted in the record.
The party requesting (video /audio) recording or recording by a stenographer shall pay all costs of same,
unless the parties agree on a cost division between them.
9. Upon request of the employee or the employee's attorney, said employee or attorney shall
be given an exact copy of any written statement the employee executed, or if the questioning is
(video/audio) or stenographically recorded, the employee or the attorney shall be permitted to record or
transcribe from the original recording of the officer's own statement or interview, upon his request, or to
purchase a copy of the original recording. The City shall provide within a reasonable time prior to the
rebuttal conference or hearing ( "Loudermill "), the employee or the employee's attorney a reasonable time
to review but not copy verbatim or photocopy any complaints, affidavits, other written statements,
GPS /AVL readouts, video recordings, audio recordings, and photographs, which have been gathered as
part of the administrative investigation. The officer shall not release the provided information to any person
other than his attorney or Association representative.
10. The refusal of an employee to answer questions and submit reports shall be grounds for
disciplinary action. Any answer of the employee may be used as evidence in any disciplinary action against
the employee.
11. The investigator for Internal Affairs in charge of the particular case is required to inform
the officer prior to being questioned, interrogated and /or investigated that he /she may have one
representative, an attorney, Association representative or a personal representative, present during the
emplry+ee's interview, unless the officer in writing voluntarily waives this right. If an officer is ordered to
write it statement, the officer shall be allowed to write the Garrity Warning on the statement. No supervisor
may represent or advise his or her immediate subordinate during any interviews conducted in an internal
investigation. The Association President may represent or advise an employee during an internal
investigation.
12. The Chief of Police recognizes the right of Association members to seek advice or
representation by designated Association representatives, and to confer with such designated Association
representatives and legal counsel. Such communications to an Association representative are privileged
and shall not be the subject of compelled disclosure unless exceptions to the attorney client privilege would
apply, had the communication taken place with counsel. Association representatives may not be
compelled to reveal the substance of communications, which clearly concern Association business;
however, this provision does not insulate any behavior or conduct, including threats by language or
disorderly conduct from being fully investigated.
D. Prior to any such disciplinary action, the employee and the Association shall be given written
notice of contemplated disciplinary action, stating the action or actions contemplated and the reasons
therefore, and notifying the employee that he may rebut the charges to the Chief, either orally or in writing,
within 14- calendar days, which time shall be stated in the notice. Nothing herein requires the City to meet
service or procedural requirements in providing notice to the Association.
E. After the notice and opportunity for rebuttal provided in the preceding paragraph the Chief may
demote, suspend, terminate. or take alternative disciplinary action against an employee by personal service
on the employee of a written statement of charges. If the Chief should be unable to secure personal service
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H. The following rules shall govern the conduct of hearings under this section, and of certain
preliminary matters:
! . Upon the request of either party addressed to the opposing party at least 7- calendar days prior to
the date of hearing, the parties shall exchange the names of witnesses expected to be called at the hearing.
Upon failure of a party to disclose such witnesses, the arbitrator may exclude their testimony. Each party
shall pay the subpoena fee of their own non -city witnesses.
?. The arbitrator shall have the power to subpoena witnesses, records and other evidence, upon
not less than 7- calendar days notice. Pursuant to such notice, the Director of Human Resources shall issue
subpoenas requested by the parties in the name of the arbitrator. A party may apply to the arbitrator to
quash a subpoena issued b} the Director of Human Resources. Any subpoena for records or documents
shall not exceed the scope of discovery allowed by the arbitrator, and shall be served on the Department
Director in constructive custody of such records or documents. Nothing herein shall prohibit the City from
seeking common law relief in the state district court if the arbitrator exceeds his jurisdiction in regards to
discoverv.
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 7- calendar days of the request, the
request shall be deemed denied. The requesting party may then apply to the arbitrator, who shall order such
discovery as appropriate to the nature of the case, subject to rules of discovery in Texas civil cases. In
considering the application, the arbitrator shall consider the burden and expense of producing the
information, the need of the requesting party, the amount of time available prior to the hearing, and such
other matters as he may deem material. In no event shall discovery be permitted to delay the hearing and in
no event shall discovery be requested within the 7- calendar days prior to the hearing.
5. All hearings shall be public unless requested by the appealing employee that the hearing shall
be closed to the public. In any event, the final decision of the arbitrator shall be public, although public
announcement may be reasonably delayed upon request of the parties.
6. Unless otherwise provided in this contract, the conduct of the hearing shall be governed by the
rules of the American Arbitration Association.
7. No supervisor may represent his or her immediate subordinate in disciplinary hearings held
under this Article. The Association President or a designee who is not in the officer's chain of command is
exempt from the provisions of this paragraph.
I. The arbitrator shall have all powers vested in the Commission under Chapter 143 and the
Commission Rules, with respect to suspensions, terminations, and demotions, except the power to amend
such rules
J. Any notice or statement required to be filed by the Chief of Police or the employee in a disciplinary
procading under Chapter 143, under Commission Rules, or under this contract, shall be filed with the
Director of Oman Resources of the City.
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after doe diligence, service may be made by placing it in the mail addressed to the employee's last known
address along with delivery of the statement to the Association, and proof of such service shall be
sufficient to support any disciplinary action. A copy of such statement, along with a copy of the notice of
contemplated disciplinary action.. shall be promptly filed with the Director of Human Resources of the
Citti.
The written statement shall point out the particular rule or rules alleged to have been violated by the
employee and the specific act or acts alleged to be in violation. Said statement shall inform the employee
that her has 14- calendar days after receipt thereof to file a written appeal with the Director of Human
Resources. If alternate service is obtained as provided herein, the employee shall have 14- calendar days
from service upon the Association.
To appeal from any disciplinary action imposed, the employee need only file a letter expressing his
request to appeal to arbitration within such 14- calendar day period. Appeal from suspension, termination
or demotion shall be decided by one arbitrator, selected according to this contract.
F. C.pon receiving an appeal from an employee or his designee, the Director of Human Resources
shall act immediately to notify the Association and Chief of the appeal to arbitration. When an employee
will not be represented by the Association, advance payment of $1,000 for the arbitrator must be included
with the notice for appeal to arbitration in order for the appeal to be valid. Such advance payment may be
waived upon the City's acceptance of a written contract with the employee for payment of any charges,
which might be incurred by the officer as a result of an appeal to arbitration.
The Director shall immediately request a list of seven (7) qualified neutrals who are members of
the National Academy of .Arbitrators from the American Arbitration Association or other qualified
agenci s, which may be mutually agreed upon for this purpose. Within 7- calendar days after receipt of the
list, the Director of Human Resources shall contact the employee or his designee in order for the employee
or his designee and the City to alternately strike the names on the list, and the remaining name shall be the
arbitrator. If the parties cannot agree as to who shall strike first, the parties shall decide by a coin toss.
G. The hearing shall be commenced within such reasonable time as the arbitrator selected can be
scheduled. If the arbitrator selected cannot commence the hearing within 50- calendar days from his
selection, either party may, within 5- calendar days of so learning, call for selection of a new arbitrator, and
if the parties cannot agree upon a substitute within 5- calendar days of so learning, another arbitrator shall
be setgcted from a new list of seven (7) names immediately requested from the American Arbitration
Association, according to the procedure set out herein. The hearing shall be scheduled so that it can be
compleited without break, in consecutive calendar days (excluding weekends and holidays). The arbitrator
shall make an award within 30- calendar days of the close of evidence in standard arbitration hearings, and
within 7- calendar days of the close of evidence in expedited arbitration hearings. Post hearing briefs shall
only be permitted in standard arbitration hearings and must be mailed to the arbitrator within 7- calendar
days of the close of evidence in the hearing.
A stenographic transcription of the proceedings shall be made only upon written agreement of the
parties prior to the commencement of the hearing. Should there be no agreement, the party desiring the
transcript may have the transcript made at its sole expense.
The award of the arbitrator shall state which particular factual charges he finds to be true, if any, and
the particular rules he finds such conduct to have violated, if any. Where the charges are upheld, the award
shall sate whether the discipline imposed is upheld, or whether some lesser discipline is substituted.
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K. The decision of the arbitrator is final and binding on all parties. A district court may hear an appeal
of an arbitrator's award only on the grounds that the arbitrator was without jurisdiction or exceeded his
Jurisdiction or that the order was procured by fraud, collusion, or other unlawful means.
L. Unless otherwise provided in this contract, in cases of conflict, the provisions of this contract will
control over Chapter 143, Civil Service Commission Rules, and American Arbitration Association Rules;
and Chapter 143 and Civil Service Rules promulgated pursuant to it shall control over American
Arbitration Association Rules or rules of other qualified agencies as mutually agreed upon for this purpose.
M. A probationary employee may be discharged at the discretion of the Chief, without appeal to
arbitration, to the Commission, or to any court, at any time during the 365- calendar day period subsequent
to being commissioned as a police officer.
N. Notwithstanding any other provision of this Agreement, the Chief shall have authority to impose
any disciplinary action upon an employee, which is agreed to in writing by the Chief and the employee.
The employee shall have no right to appeal such agreed disciplinary action, and no administrative or
1 udicial body shall have power to review such disciplinary action or alter the terms of the agreement.
0. Anv deadline or time restrictions set out in this contract with respect to disciplinary proceedings
may be modified by written agreement of the parties. However, neither party may be compelled to waive
its right to insist upon the deadline and time restrictions provided by the contract.
P. In addition to disciplinary powers vested in the Police Chief, the following supervisors shall have
the rig* to suspend for cause. said suspensions not to exceed the following limits: (1) Police Commanders
and Assistant Chiefs may suspend not to exceed 24 -work hours without pay for an officer assigned to work
an 8 -hour shift and 30 -work hours without pay for an officer assigned to work a 10 -hour shift; and (2)
Police Captains may suspend not to exceed 16 -work hours without pay for an officer assigned to work an
8 -hour shift and 20 -work hours without pay for an officer assigned to work a 10 -hour shift. Such
suspensions may be appealed within 7- calendar days to the Chief, and further appeal shall be to arbitration,
accordig to the procedures for disciplinary actions by the Chief, except that no pre- suspension notice by
the Chief shall be necessary, and the Chief may adopt the supervisor's letter as his own.
Q. In cases of appeal from suspensions.. indefinite suspensions, demotions, and promotional passovers
the City and the aggrieved employee shall share equally the fees and expenses of the arbitration. Where the
Assocition represents the employee, it shall share equally the arbitration
fees and expenses with the City, All other costs of arbitration shall be borne by the party incurring those
costs,
R. All bearings 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.
S. To the extent that any provision of this Article conflicts with or changes Chapter 143 or any other
civil service statute. the statute is so amended, as authorized by Chapter 174.
T. Any officer temporarily suspended at the discretion of the Chief, may be allowed to forfeit vacation
leave, holidays, or compensatory time in lieu of suspension (which means that the officer forfeits leave but
does net have days off, and continues to work his regular schedule). Any officer temporarily suspended for
a period of 30 -hours or less shall he allowed to forfeit vacation leave, holidays, personal leave or
compensatory time in lieu of suspension (in like manner as above) if the officer agrees not to appeal the
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suspension. After 24- months, the City agrees not to use such unappealed disciplinary action in any future
disciplinary case.
U. Written reprimands may be issued by any supervisor to an officer without requiring prior
notification. Copies of all written reprimands shall be given to the affected officer. The officer may reply,
and such reply shall become a part of the officer's permanent civil service file. No written reprimand shall
be paced in the file without the off=icer's knowledge. Letters of counseling shall become a part of an
officer's departmental file.
V. if the officer appeals a suspension of 30 -hours or less, the losing party shall pay all fees and
expenses of the arbitrator. The arbitrator shall designate the losing party for purposes of this paragraph, and
may find that both parties lost in part and apportion fees and expenses accordingly.
W. To the extent that any provision conflicts with or changes Chapter 143 or any other statute,
executive order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by
Chapter 174 of the Local Government Code.
ARTICLE 8 - GRIEVANCE PROCEDURE
A. Sccl of Grievance frocedure. The purpose of this grievance procedure is to establish effective
machinery for the fair, expeditious and orderly adjustment of grievances. Only matters involving the
interpretation, application, or enforcement of the terms of this agreement, shall constitute a grievance under
the provisions of this grievance procedure, with the exception of Whistleblower claims. Any claim of
adverse action based on Whistleblower status under Article 554, Government Code, or federal law must be
in accordance with the procedure usually applicable under this grievance procedure, and shall follow the
process set forth in Section E.
B. AMKktion Reoresgptation. A grievance may be brought under this procedure by one or more
aggrieved employees to the Association or by the Association itself in cases where the subject of the
grievance is an on -going practice by the City which affects the bargaining unit as a whole ( "Class Action ").
C. TiM Limitations. The aggrieved employee or employees shall bring the grievance in writing to
the Association within 30- calendar days of its occurrence; or if at the time the aggrieved employee is
unaware of the grievance, within 30- calendar days of aggrieved employee's knowledge of its occurrence.
The Association in a Class Action shall bring the grievance to the Chief of Police within 30- calendar days
of its occurrence; or if at the time the Association did not know or should have known of the grievance,
within 30- calendar days of the Association's knowledge of its occurrence. The time limits prescribed
herein may be waived by mutual agreement, in writing, by the Association and the appropriate
management representative at each step.
D. Stein:
Step 1. Informal Process. Prior to the formal commencement of a grievance, employees
shall seek to informally resolve their concerns through their immediate supervisor or others consistent with
the chin of command. Grievances settled at Step 1 shall not be considered a past practice or a waiver of
the right to pursue a similar timely grievance by another aggrieved employee or the Association.
Step 2. Association Review. The aggrieved employee shall submit his grievance in
writing to the Association within 30- calendar days as required in Section C. Any grievance not submitted
to the Association within the prescribed time limit shall not be considered timely and shall be void. Within
17
30- calendar days of receipt of the grievance, the Association shall determine whether the grievance is valid
and notify the Commander in writing pursuant to Step 3. The Association shall judge each grievance in a
fair and equitable manner and shall not discriminate against employees who are not Association members.
In its sale discretion, the Association shall determine whether the grievance is valid or not. The association
may modify, revise, or amend the grievance if necessary to properly place the dispute in issue for
resolution.
Step 3. Commander Review. If the grievance is approved by the Association, the Association
shall pursue the appeal, with or without the grievant, to Step 3 with the Commander in the aggrieved
employee's chain of command on the Grievance Form (Appendix "C "). The written grievance at this step
and at all steps thereafter shall contain the following information: (1) a statement of the grievance setting
out the specific provision of this agreement to be interpreted, applied or enforced and the facts upon which
it is based; (2) how the facts result in a violation of the agreement; (3) the remedy or adjustment sought
including a clear statement of the proper interpretation, application or enforcement of this agreement; and
(4) the signature of the aggrieved employee. Said Commander shall respond in writing to this grievance
within 30- calendar days of its receipt. The written response at this step, and management responses at all
steps thereafter, shall contain the following information: (1) an affirmation or denial of the facts upon
which the grievance is based: (2) an analysis of the alleged violation of the agreement; (3) the remedy or
adjustment. if any, to be made; (4) the signature of the appropriate management representative.
The Carnmander shall FAX or hand deliver a copy of the response to the Association. If the Commander
does not respond within 30- calendar days, the grievance shall be deemed denied and the Association with
or without the aggrieved employee may proceed to the next step.
The aggrieved employee may not be represented by a member of the department who is in the aggrieved
employee's chain of command. The Association with or without the consent of the aggrieved employee
may withdraw the grievance at this step
Step 4. Chief of Police Review. The Association may submit a written grievance from Step 3 to
the Chief within 30- calendar days of receiving the Commander's written response. The Chief shall respond
in writing to this grievance within 30- calendar days of its receipt. If the Chief does not respond within 30-
calendar days, the grievance shall be deemed denied and the Association may proceed to the next step.
Failure of the Association and the Chief to resolve the grievance in writing or to submit to arbitration at the
conclusion ofStep 4 shall be the conclusion of the grievance.
In the case of the Association submitting a Class Action grievance, the Association shall submit that
grievance directly to the Chief. The Chief shall respond in writing to Class Action grievances within 30-
calend days of its receipt. If the Chief does not respond within 30- calendar days, the grievance shall be
deemed denied and the Association may proceed to the next step. Failure of the Association and the Chief
to resolve the Class Action grievance in writing or to submit to arbitration at the conclusion of Step 3 shall
be the conclusion of the grievance.
Step 5. Arbitration. The Association may request, within 60- calendar days of the denial at Step 4,
that the grievance be submitted to arbitration.
If arbitration is mutually elected, or required, the parties may mutually agree to use the Federal
Mediation and Conciliation Service (FMCS), or any other person mutually agreeable to the parties. If the
parties cannot mutually agree, a list of seven (7) qualified neutrals who are members of the National
Acade#iy of Arbitrators shall be requested from the American Arbitration Association (AAA). Within 7-
calendar days after receipt of the list, the Director of Human Resources shall contact the President of the
111i
Association or his designee in order for the Association and the City to alternately strike the names on the
list, and the remaining name shall be the arbitrator. The City and the Association shall alternate as to which
party strikes first on each list.
The hearing on the grievance shall be informal and the rules of evidence shall not apply. The
arbitrlltor 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 any other issues not directly
presented in the grievance. The decision of the arbitrator shall be final and binding upon the aggrieved
employee. the Association and the Cite.
The losing party shall pay all the fees and expenses of the arbitrator. The arbitrator shall designate
the losing party for purposes of this paragraph, and may find that both parties lost in part and apportion
fees sled expenses accordingly.
Each party shall pay the subpoena fee of their own non -city employee witnesses.
E. Whistleblower Claims. The submission shall state specifically each law, which is or was
believed to have been violated and the factual basis for the claimant's belief that such a violation occurred.
It shall further state each "appropriate law enforcement authority" to whom or which the violation has been
reported. The grievance shall be filed at Step 4 (Chief of Police) and proceed through the steps in this
process, provided however, that any person who is implicated in any of the reports shall not be included in
the steps of the grievance process. The Chief shall designate an alternate step in such instance, or if the
Chief is implicated, the City Manager shall designate the alternate step.
ARTICLE 9 - HOURS OF WORK
A. WorkweelL The workweek shall consist of 40 hours per 7 -day work cycle. "Regular rate" and
"regular rate of pay" as used in this agreement means base pay and longevity only, in accordance with
histotcal payroll practice, and does not have any statutorily derived meaning. A meal break may be taken
during the shift scheduled in compliance with the rules and regulations of the department.
Notvhstanding any other provision in this agreement, the City shall be entitled to implement and qualify
for meal time credit under the provisions of Section 142.0015(i), Local Government Code and 29 C.F.R.
553.223 and 785.19. Any work required in holdover from a shift shall not be compensabee unless it
exceeds 15- minutes. Where 15- minutes is exceeded, all time worked in holdover from shift shall be paid at
the overtime rate, calculated in 15- minute intervals. Any time in excess of any 15- minute interval shall be
compensated to the next quarter hour
B. Oviertime. 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. Productive time for the purposes of
calculating overtime in a workweek includes vacation leave, holidays, sick leave, and compensatory time,
and any other authorized leave. Both parties believe that the pay and benefits under this agreement exceed
the statutory minimums set by federal and State law for straight and overtime pay. In any enforcement
action under federal or State law, the City shall be entitled to credit for all payments made under this
contract which exceed the statutory pay obligations, including but not limited to the foregoing "productive
time" provision, irrespective of the pay period or pay cycle when such occurred. The City shall also be
entitled to the full extent of the partial exemption under 29 U.S.C_ 207 (k) in any such enforcement action.
19
Should -any court rule or hold that the City is not entitled to the full credit provided herein, the City may
reopen negotiations during the term of this contract to address any issue necessary as a result of such
ruling, and the duty of each party to bargain under Chapter 174 shall apply. All employees, excluding
those serving at the rank of Police Commander or Assistant Police Chief, may elect to be compensated for
overtirng either in cash at the rate of -1/2 times the employee's regular rate of pay, or in compensatory
time equal to 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. In the event of separation in good standing,
the City shall pay accrued compensatory time not to exceed 240 -hours at the employee's regular rate of
pay.
Not more than 240 -hours 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 240 - hours.
Overtime at the rate of 2 times the regular rate of pay will be paid for work performed on
Thanksgiving Day, Christmas Day and Easter Sunday. Overtime at the rate of 1 -1/2 times the regular rate
of pay will be paid for work performed on any other holiday listed in Article 11.
In an effort to minimize non- volunteer overtime for events scheduled 90- calendar days or more in
advance, the Chief will have posted sign -up sheets for voluntary overtime assignments 30- calendar 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.
Wllien 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 1-1/2 times and may be compensated in cash or
compensatory time, for those hours worked over and above the regular 40 -hour workweek.
C. CourJ, 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 1 -1/2 times the employee's
regular, rate of pay with the minimum compensation of 3- hours.
2. Employees who are subpoenaed while on vacation to give testimony about events arising out of
their etpploymaent shall be compensated during the first 8 -hours of testimony for the employee's vacation
time in that workweek as well as compensated for actual hours worked at the rate of 1 -1/2 times the
employee's regular pay with a minimum compensation of 2- hours. Compensation for subsequent Court
testimony after the initial 8 -hours shall be at the rate of the employee's regular pay.
3. Employees who are called back to duty while on vacation shall be compensated for the
employee's vacation time in that workweek as well as pay with a minimum compensation of 2- hours,
except that where an emergency exists, the employee's vacation may be canceled by the Chief, whereupon
said employee shall be paid at his 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.
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5. Restricted on -call compensation. Off -duty employees who are ordered by the Chief to be on
restricted on-call duty shall be compensated at a rate of $1.00 per hour while assigned to such on -call duty.
On -call duty restrictions shall be determined by departmental policy.
D. DehjW ComuensWe for Overtime. The City shall establish a policy under which officers
who perticip> a in either a deferred compensation plan which has been approved by the City or the Public
Employee Deferred Compensation Plan or its successor shall be eligible to defer all accrued overtime in
increments of one hour or more into their deferred compensation plan. The policy shall require prior
desigmition by the employee of the election to participate for a period of at least six months. All overtime
deferred under such police shall he deposited directly to the officer's account in such deferred
compensation plan. The City may require that the employee release and hold the City harmless for any
penalties or other liability incurred by the City as a result of allowing the employee to defer overtime
compensation under this provision.
ARTICLE 10 - SALARY AND BENEFITS
A. Mo hly SaIary Schedule
Effective August 1.2006(3 %).
Clan
Class Title
T-- -
Starting 6 -mo
18 -mo
30 -mo
42 -mo
60 -mo
120-
Code
_
1 _ � _
mo
PO
Trainee
2,856
P07 Police
3,318 3.484
3.665
3,858
4,052
Officer_
1
P06 Senior
1 4,256
4.463
4,687
4,921
Officer
I P05 1 Lieutenant
4,692
4,926
5,177
5,435
5,707
r �`
Clams :Class Title
g 9-mo
Starting
18 -mo
36 -mo
60 -mo
Code
LPO4 Captain _
5,768 5,883
6,000
6,089
6,152
Effective August 1, 2007, the parties hereto agree that a "market approach" shall be used to determine wage
levels for members of the bar*ning unit. In implementing this approach, the parties agree to compare wage
rates with Police Officers in the 24 other Texas cities, as listed in "Fonn -I" in Appendix "E ".
The poties aWee that pursuant to the following methodology, the City shall raise Police Officers base pay on
August 1, 2007, August 1. 2008 and August 1, 2009 to bring Police Officers total pay to ratio of the
"average" totals of the 24 other cities as of the date of the annual index described below. The "Composite
Average' of the 24 cities shall be calculated as follows:
Ste One — Complete Form in Appendix "E" for each of the 24 cities and Corpus Christi. The
applicable prey level to be used includes all steps and ranks below the fast line supervisor that a good
employee cad reasonably expect to achieve, e.g. Amarillo Corporal, Corpus Christi Senior Officer, Dallas
Senior Corporal, El Paso Senior Officer, Houston Senior Officer, Lubbock Corporal. Longevity pay means
any pay in addition to base pay that is based on length of service, e.g. "Stability Pay," "Seniority Pay,"
"L,ongevita Pay." Shift pay is the total amount of shift pay available during a 24 hour day, divided by three,
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e.g. 2% evening and 4% nights would yield 6% during 24 hours. The amount to be included would be 2 %.
Uniforo allowance is the annul amount paid for uniform and maintenance. If the uniforms are provided,
$600 will be used as the value. Bachelor's Degree means a four year degree from an accredited college or
university. Master Peace Officers Certificate means the premium paid for having Master Peace Officers
Certificate from TCLEOSE. If the bachelor and TCLEOSE premiums are offered on either /or basis the
highesmount will be used. The measurement amount for each item and year will be the maximum rate paid
during the year, e.g. if there is an increase at mid -year, the higher amount paid after the increase would be
used for the entire year. All measurements assume that an employee meets or exceeds the requirements for
merit increases and advancements. This step produces a number for each city and for Corpus Christi which is
a composite average of base pay and the five additional pay components, over thirty years.
Step Two - The 30 year average amounts for each department will be moved to Form -1. The
combined "composite average" of the 24 cities will be compared to Corpus Christi's "composite average."
C:'orpus Christi's base pay will be raised by an across - the -board percentage that increases Corpus Christi's
total compensation as follows. and as compared to the average of the other 24 cities. All ranks and steps will
receive the same percentage increase.
For FY 2007- 2008..: 008 -2009 and 2009 -2010, if Corpus Christi's "composite average" (as defined
and described above in Step One) is less than 98% of the "composite average" of the other 24 cities, Corpus
Christi's base pay shall be increased to 101 % of the 24 city average. If Corpus Christi's "composite average"
is 98% or more of the average for the other 24 cities, Corpus Christi's base pay shall be increased to 100% of
the 24 city average.
Notwithstanding the above formula, the parties agree to place a maximum cap on the percentage
increase that the City will have to pay in fiscal years 2007 -2008, 2008 -2009 and 2009 -2010 to no greater than
four percent (4 1%). Under no circumstances will the pay of police officers be reduced as a result of this
indexing.
The City and Association shall agree upon the annual index of the 24 Texas cities and complete
the index no latter than March 1. If no agreement is reached by March 15, the parties shall mutually agree
on an outside consulting firm to calculate the index. If no agreement is reached by March 20 on retaining a
consulting firth, the parties agree to retain PolicePay.Net to complete the index by April 15. The parties
shall equally share in the costs of the calculation of the index.
Both parties recognize that the intent of the wage index is to attempt to place Corpus Christi Police
Officers in the average of the range of Police Officers employed in comparable cities by utilizing the "Market
Approalch." Bath parties also recognize that there are factors that could impact the City's ability to do so
beyond the term of this Agreement. Therefore, the parties agree to collectively bargain in good faith during
the last year of this Agreement to determine whether the goal of paying the officers at the average range is still
achievable within the City's financial plan. The index shall be calculated pursuant to this Article for the
average of the other 24 cities by March 1. 2010 for the purposes of educating the parties during
negotiations.
OUaalationa:
1. 5j aior Officer. To qualify for a pay step at 60- months of service as a Senior Officer, each
Senior Officer must possess an Advanced Certificate from TCLEOSE or a bachelor's degree from an
accreded college or university. To qualify for a pay step at 120- months of service as a Senior Officer,
each Senior Officer must possess either a Master Peace Officer's Certificate from TCLEOSE or a
bacheW's degree from an accredited college or university.
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Association with the same health insurance information used by the consultants (with the exception of
information subject to privacy limitations under state or federal law, including HIPPA) to prepare their
recoriffnendations.
C. Field. Training Off r Pay. Field Training Officer pay of $200 per month shall be granted in
addition to regular pay to all officers for extraordinary, specific duties of training and evaluating recruit
officers.
p. Edtation Incentive Pay.
1. 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.
Educational Incentive Pay will be $1.00 per month for each semester hour satisfactorily
completed provided that such hours are applicable toward a degree. Also the following monetary caps will
apply; no more than $71.00 per month will be paid without successful completion of the requirements and
receipt of the Associate degree; if the employee is attending a four -year college, he may meet this
requirement by filing a cop) of his certified degree plan with the Director of Human Resources, noting his
expressed intent to obtain a Bachelor's Degree. All approved hours above the Associate Degree will be
eligible for educational pa. at this rate up to an additional $49.00 per month or a combined total of
$120.00 per month.
Successful completion of the requirements and receipt of a Bachelor's Degree will qualify the
employee for $125.00 per month.
Approved hours above the Bachelor's Degree applicable toward a Master's Degree will be eligible
for educational incentive pay at the same rate up to an additional $20.00 per month. Successful completion
of the Master's Degree will qualify the employee for $155.00 per month.
E_ Clothing and Eciviyment.
1. 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
requited clouting items and equipment, which are lost or damaged on the basis of 100% excluding shoes.
A clothing allowance of $900.00 per year shall be paid to all officers who are required by order of the
Chief to wear civilian clothing during their regular work assignment. Employees shall receive the clothing
allowance in a separate payment. Employees whose lump sum payment does not occur in August shall be
paid an additional amount prorated based on the number of months remaining until their next lump sum
payment is trade under the new increased rate. The parties agree that the allowances provided herein
reasonably approximate the amount of the expenses incurred periodically by the officers.
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 365 -day 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 paycheck. For each year thereafter, the City will pay up to $900.00 for
replacement costs for those persons so authorized.
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I . ' -utenant. To qualify for a pay step at 60- months of service as a Lieutenant, each Lieutenant
must possess a Master Peace Officer's Certificate from TCLEOSE or bachelor's degree from an accredited
college or university. To qualify for a pay step at 120- months of service as a Lieutenant, each Lieutenant
must possess a bachelor's degree from an accredited college or university. If a Senior Officer is promoted
to Lieutenant, the employee shall be placed in the pay step that gives the employee an increase in pay.
Current Lieutenants who have 180- months of service or more as a Lieutenant at the date of execution of
this agreement shall be entitled to this step without a bachelor's degree, but this provision shall not apply
to any person without a bachelor's degree thereafter. To the extent that any provision of this article
conflicls with or changes Chapter 143 or any other statute, executive order, local ordinance or rule, this
agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas Local Government
Code.
3. C tain. To qualify for each movement to a new step, each Captain must (1) have served as
Captain for the months indicated, and (2) must pass a management review of his or her performance.
The increase to the step for which the employee is eligible will not be made if performance is
deemed unsatisfactory.
An unsatisfactory performance review will be in writing. The Captain shall be allowed to answer
in writing the unsatisfactory performance review and have the answer placed in his or her personnel file
along with the Chief s review
The Chief shall complete the performance review within 60- calendar days of the date the time in
service is completed. If the Chief denies the Captain a step increase, the Captain may appeal to the City
Manager in writing within 14- calendar days of receipt of the Chief s Performance review. The City
Manager may grant or deny the step increase.
If a Captain is denied a step increase for unsatisfactory performance, he or she will be re- evaluated
each six months after the date of the initial review until he or she obtains a satisfactory review. The Chief
shall conduct a performance review and may then grant the step increase previously denied, which if
granted; will not he effective prior to the date of the Chief s approval.
The management review and /or associated step increases are neither grievable nor arbitrable.
Even though there is no requirement to do the same, the City of Corpus Christi may, if sufficient
funds We provided in the budget, provide for annual bonuses to be paid to Captains, based on his or her
performance. No bonuses are promised or guaranteed.
B. I-I Wth Insurance and Life Premiums. The City shall provide health insurance coverage for
Police Officers and their dependents in a preferred provider program called Public Safety Citicare
(attached to and made a part of this Agreement as Appendix "D "). The parties agree to re -open
negotiations an later than March 30, 2007, after the city's health insurance consultants have made their
recomtioendati ns, and to make a reasonable effort to mutually agree upon a revised plan May 31, 2007.
At that time the City will be able to quantify and cost the proposed new plan, including any proposed
funding of health savings plan. If the parties reach agreement and amend this contract, those revisions will
be included in the RFP for Health Benefit Providers. for implementation August 1, 2008. Both parties
recognize that the City is in the process of developing a modified approach to health benefits on city wide
basis. and that the recommendations from the city's health insurance consultants were not available in time
for consideration and negotiation when this agreement was executed. The City agrees to provide the
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1. A uniform cleaning allowance of $60 per month shall be provided to each officer of the
deparinent for the purpose of uniform and clothing cleaning and maintenance.
F. Pensions. The City shall maintain the retirement program in effect. Notwithstanding any
other provisions of this agreement, in the event legislation is enacted which alters, modifies, or amends the
Texas Municipal Retirement System either party, upon 30- calendar days written notice to the other party,
shall have the right to reopen collective bargaining with regards to the subject(s) of such alteration(s),
modification(s), or amendment(s) within 60- calendar days of the enactment of such amendment. The
provisions of Article 16 shall apply to any such reopening of collective bargaining.
The City shall adopt a twenty (20) year retirement option.
the City agrees to adopt the Seventy Percent (70 %) CPI annuity increase and to adopt the
autonotic renewal of that percentage, and the City agrees to increase the employee pension contribution
rate to 6% and to maintain the city s two -to -one matching contribution rate.
G. Clasdcations Comg nsated Under the Managerial Group Salary Schedule. The positions of
Assistant Police Chief and Police Commander 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 increases shall be made consistent with the requirements of the Managerial
Plan.
Individual salary increases based on merit, performance or other, as authorized by compensation
ordinitnce shall be permitted for these classifications. Chapter 143 notwithstanding. As to Assistant Chiefs
and Commmxiers, all officers in the same classification are not entitled to the same base salary; this
provision specifically supersedes Section 143.041.
H. Termination Pay. Upon termination, sick leave shall be paid to police officers according to
the following schedule:
(a) Less than 4 full years of service: zero hours
(b) 4 full years of service: not more than 240 -hours
(c) 5 full years of service: not more than 320 -hours
(d) 6 full years of service: not more than 400 -hours
(e) 7 full years of service: not more than 480 -hours
(f) 8 full years of service not more than 560 -hours
(g) 9 full years of service: not more than 640 -hours
(h) 10 or more full years of service: not more than 720 -hours
(i) 20 or more full years of service: not more than 960 -hours
0) 25 or more full years of service: not more than 1,440 -hours
Effective upon execution of the Agreement, the first 720 hours of such sick leave credit shall be paid at
the We of pay determined in accordance with the statutory calculation under Section 143.045. The
remaining balance, if any, shall be paid at the rate of pay including only base pay plus longevity.
1. 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.
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J. >b Squad Pay. Employees assigned to the bomb squad shall receive extra pay for such
hazardsus duty in the amount of $75.00 per month.
K. §Mgthalyzer Certification Pay. All employees currently certified as Breathalyzer operators
shall receive extra pay in the amount of $30.00 per month.
Excuse A es:
I Vacation or leave of absence during the entire time the range is open for that month.
Illness or injury leave during the entire time the range is open for the month.
s 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.
L. W±scend Pay. Each officer who reports to work for a shift, which commences, between 10:00
p.m. on Friday and 9:59 p.m. on Saturday shall receive $25.00 per month; each officer who reports to work
for a shift which commences between 10:00 p.m. on Saturday and 9:59 p.m. on Sunday shall receive
$25.00"per month. Effective February 1, 2007 the amount shall be increased to $50.00 each.
M. S, j't Differential Pay. Each officer who reports to work for his regularly scheduled shift
which ends between 6:00 p.m. and 12:00 Midnight shall receive $25.00 per month; each officer who
reports to work for his regularly scheduled shift which ends between 12:01 a.m. and 8:00 a.m. shall receive
$50.00 per month. Effective February 1. 2007 the amount shall be increased to $50.00 and $75.00.
N. Skt Changes. If, as the result of a change in shift or assignment, any officer loses Weekend
and/or Shift Differential Pay. which he was receiving prior to such change, the loss of such additional pay
shall not be grievable under the grievance procedure established in this contract.
O. Dt Handler Pay. Any Officer who is charged with the responsibility for and is assigned a
dog by the Corpus Christi Police Department to be used in law enforcement functions shall be
compensated at the rate of $170.00 per month and one hour of overtime pay on days off, including
vacation time, sick leave, compensatory time and personal leave. The parties agree that an accurate
computation of hours of work caring for a police dog is difficult or impossible to determine and that the
compensation provided herein is a fair and reasonable agreement considering all pertinent facts and
circumstances. If a police dog is retired (taken out of service by the city) the Chief of Police shall award
the police dog to the officer if the officer so desires. The City shall have no further obligation for the care,
maintenance and support of the police dog.
P. SWAT Team Par. Any Officer who is selected and serves as a member of the Special
Weapons and Tactics Team (SWAT) for the Corpus Christi Police Department shall be compensated at the
rate of$75.00 per month.
Q. UmMa Negotiation Team Pay. Any Officer who is selected and serves as a member of the
Hostage Negotiation Team for the Corpus Christi Police Department shall be compensated at the rate of
$50.00 per month.
R. Eft Team. Any officer who is selected and serves as a member of the Dive Team for the
Corpus Christi Police Department shall be compensated at the rate of $75.00 per month.
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S. B,es. Upon retirement the employee shall be permitted to keep their badge at no cost to the
employee. Upon promotion the employee shall be permitted to keep any badge they have purchased.
ARTICLE 11 - LEAVE
A. Holidays
1. Each employee shall receive the following 7- holidays during each fiscal year:
j New Year's Day
Memorial Day
Fourth of July
Labor Day
Christmas Day
One holiday to be determined
2. Holiday time shall be added to vacation time.
3. The Chief may determine whether holidays are taken on the calendar date or the City
designated holiday date, taking into consideration the assignments and work schedules of the various
divisions. Unless otherwise specified by the Chief, each of the listed holidays shall be observed on the
calendar day on which it falls.
4. Any employee who for any reason is absent without pay on a workday immediately
preceding or following a holiday or on the holiday shall not be paid for the holiday unless worked, in
which case he shall be paid only at his regular rate of pay.
S. Police officers shall be credited with 8 -hours if employee is assigned to an 8 -hour shift or
10 -hours if employee is assigned to a 10 -hour shift for holiday leave with pay for each of the above
holidays during the period of the calendar year the officer worked.
B. Vacations.
Police officers shall be entitled to 120 -hours vacation a year, which shall accrue on the basis
of 26 biweekly pay periods a year. Police officers beginning their 16`h year of continuous service shall
begin to accrue 144 hours of vacation a year which shall accrue on the basis of 26 biweekly pay periods a
year. Police officers beginning their 21" year of continuous service shall begin to accrue 168 hours of
vacation a year, which shall accrue on the basis of 26 biweekly pay periods a year. Police officers
beginning 26ffi year of continuous service shall begin to accrue 200 hours of vacation 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 240 hours 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 per day shall be counted as used for vacation
purposes.
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.
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3. All employees hired after October 16, 1998, shall be allowed to accrue unlimited vacation
leave hours (includes holiday leave hours), but upon retirement, resignation or termination the employee
shall not be paid in excess of 480 - hours. All employees hired on or before October 16, 1998, shall be
allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement,
resignation or termination the employee shall not be paid for accrued hours in excess of a cap of 720 -hours
plus an amount equal to the accrued hours the employee had on the books as of October 16, 1998. The
City shall notify each employee as to what their accrued vacation leave bank was as of October 16, 1998.
(For example. a current employee had 500 -hours of accrued leave on the books as of October 16,
1998. Upon retirement, resignation or termination the employee had 1800 -hours of accrued leave. The City
shall pwy the employee for 1,220 -hours - includes the 720 -hour cap plus the 500 -hours for that employee as
established on October 16, 1998. If upon retirement, resignation or termination, the employee had 650 -
hours of accrued leave. the City shall pay the employee only for 650- hours.)
C Personal Leave.
Employees are entitled to 40 -hours of personal leave. Personal leave is not accruable and will be
lost if not used within the particular FY received.
D. 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 Deserve Corps, or the Texas State Guard shall be entitled to military leave with pay for a
period or periods not exceeding a total of 120 -hours in any one calendar 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 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- calendar 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. The Civil Service Commission shall adopt
a promotional process in compliance with state and federal law for eligible officers on active duty military
assignment.
E. Special Leave.
1. In addition to leaves authorized above, the Chief may authorize an employee to be
absent without pay for personal reasons for periods not to exceed 240 - hours. Leaves without pay in excess
of 240 -hours and not exceeding 365 -days shall require approval of the City Manager.
2. The City Manager may authorize special leaves of absence with pay for any period or
periods not to exceed 365 -days for the following purposes: Attendance at college, university, or business
school for the purpose of training in subjects relating to the work of the employee and which will benefit
the employee and the City service, serving on a jury or attending a court as a witness; and for purposes
other tl*n the above that are deemed beneficial to the City service.
3. The City Council, upon the recommendation of the City Manager, may grant leaves of
absence with or without pay in excess of the limitations above for the purposes of attending extended
28
courses of training at a recognized university or college and for other purposes that are deemed beneficial
to the City service.
F. Line of Dutv,Iuiury or Illness. No sick leave shall be charged for an injury or illness
sustained in the line of duty. Employees shall be paid injury leave in an amount not to exceed their regular
salary as provided by the State law for injuries occurring while in the course of employment. The use of
accrued sick leave may be granted to any officer at the discretion of the Chief for job related illnesses or
injuries after injury leave 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. In the event the Chief denies a request
pursuant to this section, the officer may appeal such denial in writing within 14- calendar days to the City
Manager. "rhe City Manager shall render a decision on the appeal in writing within 14- calendar days of
receipt of the appeal. The determination of the City Manager shall be final and binding on the parties and
shall not be subject to appeal to a grievance. arbitration or any other body.
G Administrative Leave. Assistant Chiefs and Commanders may receive administrative leave
time 1br 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.
H Leave Buy -Back. Effective August 1, 1999, each employee may elect to sell back to the City
2 -hours of vacation leave for every hour of vacation leave used during the fiscal year not to exceed 80-
hours per fiscal year. Selling vacation leave hours to the City under this provision shall be in lieu of any
other option to vacation days under this Agreement or any other City policy or practice. The City shall
distribute funds in cash or as contribution to deferred compensation or as otherwise directed by the
employee. Any costs incurred for the transfer of funds for distributions other than direct payment to the
employee shall be the responsibility of the employee. The employee shall be required to give notification
of the vacation leave sell back on or before December 1 and June 1 of each year.
I. Sick Leave and Pool. Each police officer shall accumulate 120 -hours of sick leave with pay
per calendar year. The sick leave pool will have a maximum balance of 8,000 - hours. When the total
number of sick leave pool hours drop below 3,200 - hours, 8 -hours of sick leave with pay for each officer
shall become part of the sick leave pool, until the pool reaches its 8,000 -hour limit, and any remaining
hours shall continue to be credited to the individual officer. If an employee does not have 8 -hours of
accrued sick leave. the employee shall be debited 8 -hours from compensatory time or vacation leave days,
in that order. Upon completion of probation, each officer shall have 8 -hours of sick leave credited to the
pool. No officer shall be eligible to draw sick leave pool hours until 8 -hours of his sick leave hours is
credited to the pool. The following requirements determine when sick leave pool hours may be drawn:
1. Officers with four (4) years or less service may use pool hours after 80 -hours of
continuous non job related illness or injury. The first 80 -hours shall be charged to the officer's
accumulated sick leave or vacation leave or, if personal sick leave has been exhausted, to dock time.
2. All other officers may use pool hours after 80 -hours of continuous non job related illness
or injury. Provided, however, in addition, before being entitled to use hours, such an officer must first use
all his accumulated personal sick leave in excess of the amount payable upon termination. Pool days may
only be used for disability. which is defined as non job related injury or illness, which incapacitates an
officer.
�9
3. No officer shall be permitted to use more than 1,440 pool hours for a single illness or
injure.
4. Pool hours may not be used for injuries or illnesses sustained in the line of duty. Injuries
or illnesses sustained in the line of duty shall be compensated entirely under the terms of Article l l
(Section F) of this Agreement relating to "Line of Duty Injury or Illness."
5. The number of hours in the pool shall be solely for the benefit of officers with extended
injuries or illnesses, and such hours shall not revert to the accumulated sick leave of individual employees.
6. 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.
Treatment for alcoholism, drug related problems and mental illness is not normally
considered eligible for the pool. However, in a case where the employee is being treated for the first time
for an alcohol, drug- related problem or mental illness and is certified by a physician or psychiatrist as
requiring confinement in order to be treated and cured, use of the pool may be approved. Provided the
employee is eligible time -wise, up to 40 -days may be charged against the pool in such case. Need for
repeated treatments to cure alcoholism, drug related problems, or mental illness will not be considered as
being eligible for the pool.
J. Other Leave Time Policies. The City shall maintain all other leave time policies
affecting police officers currently in effect and not otherwise altered by provisions of this contract.
K. Bereavement Leav e. Upon the employee's request due to the death of an immediate
family member, three (3) duty days of bereavement leave shall be granted. Immediate family members
shall include the employee's parents. spouse, children, brothers, sisters, mother -in -law, father -in -law,
brothers -in -law, and sisters -in -law, employee's or spouse's grandparents and grandchild.
L. Funeral Bent. The City Manager shall approve up to $16,000 documented funeral
expenses for employees who lose their lives in the course and scope of employment.
ARTICLE 12 - PERSONNEL PRACTICES
A. Imo, mhaimeable Use of Police Officers and Senior Police Officers Senior Police Officers
and Police Officers may be freely utilized interchangeably in positions presently staffed by either
classification in the various divisions with the following exceptions where only Senior Police Officers may
be permanently assigned:
1. Criminal Investigation Division
2. Field Training Officer
3. Division of Professional Standards
4. Special Services Division
5. Organized Crime Unit, and
6. Training Division
In the event of exigent circumstances, the Chief of Police may assign an employee from the rank of
police officer to work in one of the Senior Police Officer only positions for a period not to exceed 90-
30
calendar days during a calendar year. This period may be extended for one additional 90- calendar day
period.
B Disability.
1. A disability shall be defined as a physical injury or illness which prevents an officer from
fully performing assigned duties in all major divisions of the Department.
2. A permanent disability shall be defined as an injury or illness which disables an officer to
the extent that it cannot be said in reasonable medical probability that the officer will be able to return to
full duties within one calendar year.
3. The Chief may at any time require a medical examination to determine if an officer is
permanently disabled. When it is determined that an officer is permanently disabled, the Chief shall be
entitled to terminate or retire the officer, whichever is applicable. In the event the Chief determines, after
consultation with the City Physician, that the officer is permanently unable to perform his or her job duties,
he may institute immediate termination or retirement if applicable. An officer may call for further
examination by a board of three (3) physicians. One such physician shall be appointed by the City, one by
the officer and the third by agreement of said physicians. The officer and the City shall pay their own
appointed physicians and the parties shall share equally in the cost of the third physician. The majority
finding of the three (3) physicians as to whether a permanent disability exists shall be final and non-
appealable.
4. Upon termination or retirement for permanent disability, the officer shall be entitled to a
lump sum payment for all his accumulated personal sick leave, but shall not be entitled to use or be
compensated for any pool hours.
5. Upon any employee's being absent from duty for 90- working days as a result of a single
illness or injury, the Chief shall immediately require the employee to submit to a medical examination to
determine whether the employee is permanently disabled, such determination to be made in accordance
with the procedures in the preceding paragraph.
6. An officer who has previously been declared permanently disabled may be eligible for re-
appointment to the service by the Chief upon certification by the City Physician that he or she recovered
from the disability and is able to perform full duties. Provided, however, after two years from the date of
such disability the employee shall no longer be eligible for re- appointment. In the event the Chief denies a
request for reappointment pursuant to this section, the officer may appeal such denial in writing within 14-
calendar days to the City Manager. The City Manager shall render a decision on the appeal in writing
within 14- calendar days of receipt of the appeal. The determination of the City Manager shall be final and
binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body.
C. Civil Service internal Inves1h ations. 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 Chapter 143 is authorized by Chapter 174.
D. Civil Service Commission Records. All rules, opinions, directives, decisions, and orders
issued by the Civil Service Commission shall be preserved in written minutes. Such actions need not be
copied verbatim in the minutes: it shall be sufficient to accurately summarize such actions. The Chairman
or, in his absence, the Vice - Chairman of the Commission shall sign the minutes; the signatures of the
concurring members on any action shall not be required. The Commission may, if it desires, cause any
rules, decisions, directives, or orders to be reduced to writing, apart from the minutes. All such written
records of the Commission shall be public records.
E. NAiee of Shift Ckloge. Fhe Chief of Police shall post the monthly shift change schedule at
least 48-hours prior to the beginning of said shift change. This requirement shall not limit the right of the
Chief of Police to reassign employees on short notice to other shifts, based upon scheduling and manpower
contingencies that may arise.
Recognizing that shift changes, transfers and job assignments may require the assessment of a
number of factors, the Chief of Police maintains the right to make all shift changes, transfers and job
assignments is accordance with its determination of what is in the best interest of the Department. The
Chief of Police shall adopt and provide a copy of the departmental transfer procedure to each employee.
Except in the case of an emergency, or unless operational circumstances require otherwise, job
vacancies will be brought to the attention of employees so that those interested in a vacant position may
express their interest to the supervisor who is responsible for selection. Notice of vacant positions, skills
required, and process to be used to make the selection will be posted on the department bulletin boards in
the form of a staff memorandum or e- mailed to all employees. The Chief of Police shall make a reasonable
effort to assure that all eligible employees under his command are aware of the vacancy and the process to
be used to make the selection. Employees who are interested in a vacant position should contact the
approptiate supervisor in writing. Before the vacancy is filled, employees will be allowed a reasonable
amount of time to apply. Skills, knowledge, abilities, training, previous experience and seniority shall be
among the factors considered in the policy adopted by the Chief of Police. The Chief of Police shall post
the results of his decision on the filling of any job vacancy.
Although not subject to the grievance procedure, should an employee feel that a misapplication of
this provision in regards to shift changes, transfers or job assignments has occurred, he or she may file an
informational complaint with the Chief of Police. The Chief of Police shall meet personally with the
employee within 30- calendar days of the complaint being filed.
Although not subject to the grievance procedure, should the Association feel that there has been a
misapplication of this provision in regards to the policy or process on shift changes, transfers or job
assigntents, the Association may file an informational complaint with the Chief of Police. The Chief of
Police shall meet personally with the Association and respond in writing to all Association informational
complaints within 30- calendar days of the complaint being filed.
F. Wearing of Unillarm 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 efiency of the Police Department. The criteria that the Chief shall consider in determining whether
or not a danger exists includes:
32
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.
G. &trance ExaEftations. Entrance examinations may be administered at any time to
qualited groups or individual applicants. Names placed on the eligibility list for entrance appointments
shall remain on that list for 365- calendar days from the date of the written examination. The eligibility list
shall exist continually as names are added and deleted. No applicant shall be permitted to take an entrance
exam more than once during a 365- calendar day period. The oral interview shall be graded and such grade
shall be corrrputed into the final score
H. Alternate Hiring Process.
(a) The City and the Association shall make a good faith effort to develop an alternate hiring
process 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 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 (3) members of the Executive Board.
(b) The Chief, without regard to the existence of or requirement for any eligibility list for
beginning positions in the Department, may appoint applicants to beginning positions in accordance with
this alternate hiring process. Each applicant must (1) have a current TCLEOSE peace officer intermediate
certification; (2) be employed or have been employed for at least 3 continuous years as police officer by an
incorporated Texas city, as a deputy sheriff in any Texas County of at least 120,000 population according
to the most recent U.S. Census, or by the Texas Department of Public Safety; and (3) actively worked as
such within the 365- calendar day period preceding his application.
(c) Each applicant must successfully complete entry requirements, including a medical
exa -4nation, a physical fitness examination, a written proficiency examination to identify writing skills
and knowledge of Texas law, a background investigation (to include a polygraph), a drug test, a
psychological examination, a panel interview (panel to be appointed by the Chief) and any other current
eligibility requirements deemed appropriate by the Chief
(d) Applicants who are appointed must successfully complete an academy specifically designed
for applicants who are hired in accordance with this alternate hiring process. The Chief, in his sole
discretion. may deny the application of any applicant at any time. Such decision shall not be appealed to
arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this
contract.
(e) The beginning salary of officers appointed under this alternate hiring process shall be equal to
the 30- month Police Officer salary. 'these officers shall become eligible to take the Senior Police Officer
exam 30- months after appointment These officers shall be treated as new employees for all other
purposes, including senioritv, benefits and eligibility for promotion.
(t) Officers hired under this alternate hiring process shall serve a 180- calendar day
probationary period beginning with completion of the academy and may be discharged during this period
?3
at the discretion of the Chief. without appeal to arbitration, to the Commission or to any Court and shall
not be Subject to the grievance procedure in this contract.
(g) The Association, recognizing the City's need for flexibility in the hiring process, hereby
agrees to the deviations from Chapter 143 hiring procedures and this Article supersedes them.
ReiMUtement
The Chief, at his sole discretion, may rehire police officers who terminate their employment with
the City of Corpus Christi and request in writing to be reinstated within 18- months. The rehired officer
shall be required to enter at the rank of police officer regardless of the rank they held when they terminated
their egiployrnt. The rehired officer shall be allowed to retain all seniority they held prior to terminating
their enploymient, however, the rehired officer must wait 18 months to be eligible to take the senior officer
examination. If rehired, the officer shat l not be required to take the civil service entrance examination or to
re -enter the basic academy. For example, a rehired officer who had five years of seniority when they
terminated their employment would be rehired at 1307 at the 42 -month pay step. When a rehired
(reinstated) officer passes the senior officer examination, he or she shall retain all seniority he or she had as
a senior officer prior to terminating their employment. For example, if an officer had 5 years of service in
the rank of senior officer when he or she terminated their employment, the officer shall be credited with 5
years of seniority as a senior officer when they pass the senior officer examination after being rehired
(reinstated), and shall be paid as a 5 -year senior officer. However, a rehired (reinstated) officer who makes
senior officer again shall serve for a period of two continuous years before being eligible to take the
lieutenant's examination. The Chief shall have the right to require a rehired officer to successfully
complete a designated course of in- service training and to impose a 180 -day probationary period from the
date of rehire during which the officer may be discharged at the discretion of the Chief without appeal to
arbitration, to the Commission, or to any court and shall not be subject to the grievance procedure in this
agreement.
J. 11odatory Rand,lrm Drug Testing. The City and the Association agree that police officers
may be called upon in hazardous situations without warning, and that it is imperative to the interest of
police officers and the public to ensure that police officers are not substance impaired. In order to further
their joint interest in protecting police officers and the public, the City and the Association agree to
mandatory random drug testing described in this section. Thirty percent (30 %) of police officers of all
ranks shall be mandatory random drug tested during each calendar year on a fair and impartial statistical
basis as provided in the Police Department's Drug and Alcohol Policy. The fair and impartial statistical
basis (in which each police officer has an equal chance of being selected) shall be by a non - discriminatory
computerized program operated and certified as non - discriminatory by an independent firm hired by the
City, and the employee shall be tested upon being selected by the computer. The City shall notify the
officer as to whether the test was post - accident, random or based upon reasonable suspicion.
For the purposes of this section
A. -'drug testing" shall be defined as the compulsory production and submission of urine by an
officer for chemical analysis to detect the presence of prohibited drug usage.
B. "random drug testing" shall mean drug testing of individuals selected by the method described
in the prior paragraph.
C. "reasonable suspicion" shall be defined as a judgment/conclusion that a person is unable to
safely alsd /or effectively perform their duties due to the suspected influence of drugs, alcohol, or inhalants.
34
Reasdtable suspicion is based on specific, observable facts that an officer may be under the influence of
drugs, alcohol, or inhalants. Reasonable suspicion testing is not limited by this article, except to the extent
that any urine testing utilized shall be in accordance with the lab testing protocol below. Reasonable
suspicion testing may involve urine or blood as determined under existing legal standards.
An employee's mandatory random drug test results and related collection and diagnostic
information shall be disclosed to the City to administer and enforce the Police Department's Alcohol and
Drug Policy and this Collective Bargaining Agreement. The City and the Association otherwise regard an
employee's mandatory random drug test results and related collection and diagnostic information as
confidential.
The City and the Association have a mutual interest in ensuring that drug impaired employees do
not perform law enforcement duties. The City and the Association agree that the purpose of the mandatory
random drug testing is not to punish an employee who has not violated the Police Department's Drug and
Alcohol Policy. The City and the Association are committed to the principal that the mandatory random
drug testing for employees is designed and will be administered to result in disciplinary action only against
those officers who have violated the Police Department's Drug and Alcohol Policy.
The City has developed a Police Department's Drug and Alcohol Policy with procedures and
protocols, which follow the requirements of SAMHSA /CAP FUDTP. The section of the Police
Depattment's Drug and Alcohol Policy dealing with mandatory random drug testing and the consequences
thereof is subject to amendment by the City only as the City determines necessary to follow the
requirements of SAMHSA /CAP FUDTP A grievance regarding the application, interpretation or
enforcement of the language in this section is subject to mandatory arbitration. The sample for testing shall
be a split sample. The collector shall inform the officer of the size of the required sample, and shall use a
chain of custody process to split, label and send the sample, which shall be forwarded on the same day as
the sample is taken. The City shall require any laboratory selected for collecting samples, to conduct a
background investigation on those laboratory personnel involved in the collecting or handling an unsealed
sample. The City is permitted to and does utilize a different lab for steroid testing. In addition, the City
shall require any laborator} selected for collecting samples to use only employees who have not been
arrested by members of the Corpus Christi Police Department or convicted of a felony or misdemeanor
crime involving dishonest conduct or possession of illegal drugs to be involved in the collecting or
handling of an unsealed sample collected from a Corpus Christ Police Officer. Test results shall be
inadmissible in any administrative disciplinary hearing if it is determined that the laboratory collecting
samples has failed to conduct a background investigation on the laboratory personnel involved in
collecting or handling the unsealed sample which resulted in a positive test result. The burden of showing
that a background investigation was not conducted shall be on the party seeking to have the test results
excluded from the administrative hearing. The City shall use only a SAMHSA/CAP FUDTP certified
labomtory for mandatory random drug testing and shall require that such laboratory comply with the
requirements of SAMHSA /CAP FUDTP. The results of the test or tests shall be sent by the laboratory to
the Medical Review Officer via express mail service. The MRO may act separately on test results from
each lab. The City shall allow the Association input into the Request For Proposal (RFP) on the selection
of the Medical Review Officer. The test shall be a Police Department ten (10) panel test as set out in the
Police Department's Drug and Alcohol Policy. The specimens collected for testing shall be maintained in a
secured area until picked up by the courier. The City shall use only a Medical Review Officer (MRO) for
the City of Corpus Christi who is a licensed physician and who is certified as a Medical Review Officer by
the American Association of Medical Review Officers.
5
Nothing in this article shall be construed to abolish the existing authority and practice of the City
to conduct drug test for:
1 Pre- employment
2 Pre- assignment for Vice, 'Narcotics, Organized Crime or Emergency Reaction Units or as a
dispatcher or clerk in the Communications Division or as a Bomb Technician or as a member
of the Peer Support team
3. Reasonable suspicion
4 On return to duty after an absence of 30- calendar days or more
5. Post - accident
6_ Post - firearm discharge
Such test will be conducted under the same laboratory processes and protocols as mandatory
random testing.
K. hWoffs. Recalls aad Reductions in Force. Layoffs, recalls and reductions in force shall be
pursuast to Section 143.085.
ARTICLE 13 - PROMOTIONS
A. Efttim¢ and AdvAnistration of Promotional Examinations. A listing of materials from
which $romotional examination questions are taken shall be posted annually each January for examinations
admintered within the 365- calendar day period beginning the following April. The City shall post the
date of the examination and a listing of the above materials no later than 60- calendar days prior to an
affected examination.
Study materials will be available at least 60- calendar days prior to an examination. No competitor
for an exam may receive from an authorized or unauthorized person any part of a promotional examination
for unflr personal gain or advantage.
With respect to vacancies in the ranks of Lieutenant and Captain, where no current eligibility
roster exists, the City shall have 120- calendar days from the date of vacancy to complete the administration
of written and Assessment Center examinations and post an eligibility roster. The Chief shall have 30-
calendor 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 - calendar days from the
date of vacancy. For the purposes of this agreement, the term "vacancy" shall occur whenever no person
holds the position or a person previously holding the position is permanently disqualified from maintaining
the position. A vacancy does not occur during the pendency of a person's appeal of a suspension,
indefinite suspension or demotion.
36
B. Piromotional Enmination Corrections. The Civil Service Director shall have authority to
recorwnend to the Civil Service Commission changes to entrance, or promotional examination questions
where clerical errors in compiling the test questions have been discovered or where a question arises as to
general accuracy.
C Senior Police Officer's Proficiency Examination. Permanent police officers on the effective
date of this Agreement who have 30 months of service in the Corpus Christi Police Department after
commissioning as a police officer and possesses either an Intermediate Certificate from TCLEOSE or at
least 60 -hours of college credit from an accredited college or university shall be eligible to take an
individual pass -fail written proficiency examination to qualify for immediate advancement to the rank of
Senior Officer. Proficiency examinations shall be administered on a semi - annual basis. One test shall be
given within one -month of each academy becoming eligible. if only one academy is eligible in any given
year, the second test shall be given within six - months of the last test if there are any eligible officers.
Officers shall advance only after successfully passing the examination by correctly answering at least 70%
of all questions provided in the test. The results of the proficiency test with, the exception of fraud, shall
not he appealable to the Civil Service Commission or arbitration.
Probationary police officers as of the effective date of this Agreement and police officers
employed after the effective date of this Agreement who have 60- months of service in the Corpus Christi
Police Department after commissioning as a police officer and possess either an Intermediate Certificate
from TCLEOSE or at least 60 -hours of college credit from an accredited college or university shall be
eligible to take an individual pass -fail written proficiency examination to qualify for immediate
advancement to the rank of Senior Officer. Proficiency examinations shall be administered on a semi -
annual basis. One test shall be given within one -month of each academy becoming eligible. If only one
academy is eligible in any given year, the second test shall be given within six - months of the last test if
there are any eligible officers. Officers shall advance only after successfully passing the examination by
correctly answering at least 70% of all questions provided in the test. The results of the proficiency test,
with the exception of fraud, shall not be appealable to the Civil Service Commission.
D. After Acquired„ Educational Requirement for Lieutenants Promoted to Captain.
Lieutenants promoted to Captain after the effective date of the Agreement who do not have a bachelor's
degree from an accredited college or university shall be required to obtain a bachelor's degree from an
accredited college or university within 48 calendar months of their promotion. This section does not apply
to employees promoted to Captain prior to the effective date of this Agreement. An employee who fails to
obtain the required bachelor's degree shall be demoted to Lieutenant. An employee so demoted shall have
no right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion, and the
Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to
alter the terms of such demotion. Upon demotion from the Captain classification, an employee shall
resume the competitive classification of Lieutenant from which he was promoted and his salary shall be in
accordance with said competitive classification with service time credited as continuous time in that
competitive classification and with his salary increases to which he would have been automatically entitled
had be continuously remained in said competitive classification. When an employee is demoted, the
demoted employee shall not "bump" another employee who is in the competitive rank of Lieutenant.
E Appointment of Assistant Chefs and Commanders. All promotions to the classifications
of Assistant Chief or Police Commander shall be exempt from competitive examinations and instead shall
he made by appointment by the Chief. The appointment shall he within the discretion of the Chief,
provided that the Chief shall promote the employees from the classifications specified elsewhere in this
agreement. Captains appointed to Commander after May 1, 2003, who do not have a bachelor's degree
from an accredited college or university shall be required to obtain a bachelor's degree from an accredited
college or university within 48- calendar months of appointment by the Chief. Lieutenants appointed to
Commander after the effective date of this Agreement who do not have a bachelor's degree from an
accredited college or university shall be required to obtain a bachelor's degree from an accredited college
or university within 48- calendar months of appointment by the Chief. Persons who fail to obtain the
required bachelor's degree shall be removed from the appointed position by the Chief. Captains or
Commanders appointed to Assistant Chief after May 1, 2003, who do not have a master's degree from an
accredited college or university shall be required to obtain a master's degree from an accredited college or
university within 60- calendar months of appointment by the Chief. Captains or Commanders appointed to
Assistant Chief after July 31. 2005 who do not have a master's degree from an accredited college or
university shall be required to obtain a master's degree from an accredited college or university within 48-
calendar moms of appointment by the Chief. Lieutenants appointed to Assistant Chief after the effective
date of this Agreement who do not have a master's degree from an accredited college or university shall be
required to obtain a master's degree from an accredited college or university within 48- calendar months of
appointment by the Chief. Persons who fail to obtain the required master's degree shall be removed from
the appointed position by the Chief. 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 prior notice, a statement of charges, or to file a
grievance or to appeal the demotion. and the Commission shall have no jurisdiction, power, or authority to
investigate or review such demotion or to alter the terms of such demotion. Upon demotion from such an
appoin>lyd 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.
When an employee is demoted in rank from an appointed classification due to a reduction in force, the
demoted employee shall not "bump" another employee who is in a competitive rank.
F. toationary Period for Lieutenants and Captains. Employees promoted to the rank of
Lieutenannt or Captain may be demoted at the discretion of the Chief, without appeal to the Commission at
any time during the 365- calendar day period subsequent to being so promoted. An employee so demoted
shall have no right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion,
and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion
or to alder the terms of such demotion.
G. FMkm Vacancies Below Commander. 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 3- 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 (3) persons so certified. The Police Chief
need not state in writing his reason for selection or rejection of any of the three (3) persons certified by the
Comm*sion. In the event a person rejected desires to appeal the action of the Police Chief, such appeal
shall be to an arbitrator selected as specified in paragraph F of Article 7, and there shall be no appeal to the
Civil Service Commission. The person rejected who desires to appeal the action of the Police Chief is
charged with the burden of proof of showing that the rejection was for some reason other than the officer's
ability to perform at the higher rank. The arbitrator may overturn the decision of the Chief. The question of
rejection on the part of the Police Chief shall be determined by the arbitrator. To the extent this paragraph
alters any provision of Chapter 143, Chapter 143 is so altered, and it is mutually so agreed.
38
H. E ibility 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.
Clas ficalisn
NUnths/Years ! Other Requirements
Promotional
Continuous Service
Classification
Required
(1) Police Officer
Police Officers in Class 61 Written Proficiency
Senior Police Officer
who were on probation on
or before May 1, 2003, are
required to have 45
months prior to exam (with
requisite probation) and an
Intermediate certificate or
60 -hours of college or an
Associate's Degree. No
back pay is afforded these
officers.
Permanent Police Officers
employed after May 1,
2003 are required to have
60 months prior to exam
(with requisite probation)
and an Intermediate
certificate or 60 -hours of
college or an Associate's
DWee.
_
(2) Snior Police
24 months of service in Promotional Exam
Lieutenant
Officer
rank immediately prior to
exam and an Intermediate
certificate or 60 -hours of
college or an Associate's
ee.
(3) Lieutenant
_' years service in rank
Promotional Exam
Captain
immediately prior to exam
I
and a Bachelor's Degree
within 48- months of
a ointment to Captain.
(4) Lieutenant or
2 years service in rank
Commander
Captain
immediately prior to
appointment and a
Bachelor's Degree within
48 -months of appointment
as Commander.
(5) Ueutenant or
4 years service in rank
A total of 10 years
Assistant Chief
Captltin or
immediately prior to
seniority in the
Conunander
I appointment and a
Department
Master's Degree within
48- months of appointment
!;
as Assistant Chief.
39
1. PEMOtional Procidures. 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 10- scorers from the Captain's written examination
shall be allowed to continue on to the next phase of the examination process. Only the highest 15- scorers
from the Lieutenant's written examination shall be allowed to continue on to the next phase of the
examination process (Assessment Center).
The City will engage an independent consultant firm to professionally develop the written
examination questions after consultation with the Human Resources Department. Such firm shall deliver
the examination questions in a sealed and secured manner confidentially to the Human Resources
Department, which will maintain them confidential, in a safe and secure manner. Under no circumstances
shall the examination questions be taken out from under the confidential supervision and control of the
Human Resources Department. If an} of the eligible 10 candidates for Captains or the eligible 15
candidates for Lieutenant has an indefinite suspension on appeal the City may add an additional candidate
for each such pending appeal to the .Assessment Candidate Pool.
2. Assessment Center Examination - Shall consist of: Six (6) certified police officers
from outside the Police Department holding comparable or higher positions in a Police Department
operating in a city of 100,000 or more population shall be selected to serve as assessors. All Assessors may
be chosen by the Association and must have received authorization to participate by his/her respective
Department One of the six (6) assessors may be chosen from out of state. The Chief shall have the right to
review the list of assessors and may strike no more than three (3) names from the list. If the Chief exercises
the right to strike, he must provide a replacement(s) within 5- calendar days of reviewing the list. The
identification of the assessors shall be kept confidential. The Association President or Designee who
develops the assessor list must not be a candidate for the promotional exam for which the list of assessors
has been developed.
The assessment center examination date(s) will be posted on the same day the written test
announcement is posted. On the day or days of the promotional assessment center the candidates may
participate in the assessment process in lieu of duty. Assessors shall be trained in the methods to be used in
administering the test for a minimum of eight (8) hours. All candidates will be given the opportunity to
attend a classroom orientation period concerning the assessment center process. The orientation will
include general information concerning the exercises they will be taking during the assessment process.
The independent consultant shall develop at least three exercises which he /she determines adequately
assesses measurable dimensions of the job analysis.
Feedback shall be provided to each candidate in a "feedback" session by the assessment center
coordinators. The purpose of this session will be to provide each candidate with his/her score, what areas
he /she excelled in, what areas he /she did poorly in, and what they might do to improve their performance
in the Aiture. 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 one -point
for each year of service is added up to a total of 10- points maximum.
40
J. Eligibility Lis - Within 48 -hours of the completion, excluding weekends and holidays, of
the Assessment Center Examination. an eligibility list shall be prepared and posted with the respective
ranking of all applicants based on the following weights:
(1) XVI itten Examination _ 40%
(2) Aasessment Center Examination _ 60%
100%
Pointy on Lieutenant's Examination
I poipt for each year of service as a commissioned 10 points
officar with the department up to a maximum of 10
points _
110 Maximum Points
Points on Captain's Examination
1 point for each year in rank up to a maximum of 5 5 points
loin - --
105 Maximum Points
The results of the Assessment Center shall be binding for 365 - calendar days and with the
exception of fraud, shall not be appealable to the Civil Service Commission or arbitration.
K. Grievances and Suits claiming a right to promotion - Any grievance or suit, known or
unknown.. claiming a right to promotion shall be filed in compliance with this Agreement no later than 20
calendar days after the expiration of the eligibility list which is the subject of such grievance or suit. In the
event of an award by an arbitrator or court in such a proceeding, no other person with a ranking on any
previously expired eligibility list pertaining to any rank, at the time of such judgment or award, shall ever
be entitled to promotion, back pay, enhanced seniority, or any other relief
L Chapter 143 Applicability - Chapter 143 Applicability. No Portion of Chapter 143 is
applicable to the promotional process for assistant Chief, commander, captain or lieutenant with the
exception of Sections 143.032(h) (i), and 143.034 and 143.028 (c).
M. Nepotism.
I. Promotions. This section shall take precedence over any other provisions of this
Article or Agreement. If a relative of the Chief is a candidate for lieutenant or captain and qualifies by
written examination to continue with the assessment center examination, the Chief shall not participate in
the promotional process or in making of any appointment from the list established there from and the City
Manager shall exercise all of the contractual and statutory authority of the Chief with respect to said
process and appointments. If the Chief's relative is promoted, the Chief shall not participate in the
probationary review of the relative under Section E of this Article, and the City Manager shall exercise all
of the Chief's authority under Section E and any related statutory provision. The Chief shall not participate
in any other action, which would affect the relative's promotion or probationary review, and the City
Manager shall exercise all contractual and statutory authority, which the Chief would otherwise exercise in
connection with any such action. "Relative" is a person related to the Chief within a degree described by
Section 5?3.002, Government Code.
im
2. Transfers. This section shall take precedence over any other provisions of this Article
or Agreement, If a relative of the Chief requests an inter - divisional personnel transfer, the Chief shall not
participate in the decision - making process or in making any transfer. The City Manager pursuant to
General Rules Manual 1.12 shall exercise all of the contractual and statutory authority of the Chief with
respect to said transfer. "Relative" is a person related to the Chief within a degree described by Section
;73.002, Government Code.
ARTICLE 14 - EMPLOYEE MANAGEMENT RELATIONS
A. Labor Relations Committee. The City and the Association, having recognized that
cooperation between management and employees is indispensable to the accomplishment of sound and
harmonious labor relations, shall jointly maintain and support a labor relations committee. The labor -
management committee shall consider. discuss and recommend to the Chief any problems pertaining to the
employment conditions of employees. Matters subject to the grievance procedure shall not be appropriate
items for consideration by the labor - management committee. The labor management committee shall
consist of the following: (1) Director of Human Resources or his/her designee; (2) The Chief or his/her
designee, who shall be a police officer within the Police Department; (3) the Association President or
his/her designee, who shall be a police officer from the Police Department from the Association; (4) the
Association Vice - President or his/her designee, who shall be a police officer from within the Police
Department from the Association; and (5) a member of the Association designated by the President who
must he a police officer within the department. There shall be a written agenda of matters to be discussed.
Officers desiring items placed on the written agenda shall forward the matter in writing to the Office of the
Chief of Police through the President of the Association. The labor - management committee shall meet bi-
monthly unless mutually agreed otherwise, and a written summary report of the meeting shall be generated
within 30- calendar days subsequent to the meeting.
B. Ut al 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 implied]) waive an immunity or defense.. which is available to the City. The City need not
assume any obligation not otherwise imposed by law for any judgment which is rendered against an
employee who committed intentional acts, was grossly negligent, or reckless.
1. The police officer shall notify the City of any claim being made against such police
officer not later than 30- calendar days from that date that such police officer received notice of such claim,
and shall request the City to assume the defense of the police officer regarding such claim. The City may
require that such request be made in writing.
2. If suit is brought against such police officer, such police officer shall immediately forward
to the City Attorney every demand, notice, summons or other process received by him.
3. Such police officer shall cooperate with the City, and, upon the City's request, shall assist
the City in arriving at settlement agreements, and the conduct of suits, and in enforcing any rights of
contribution or indemnity against any person or organization who may be liable for all or part of such
damagea, and shall attend all hearings and trials and assist in securing and giving evidence and obtaining
the atteadance of witnesses.
4. If the City Attorney undertakes to represent the employee rather than provide private
counsel, he or she shall disclose to the employee any conflicts of interest between the employee and the
42
City is the civil action. if the employee chooses not to waive the conflict of interest, the City shall retain
qualified private counsel.
ARTICLE 15 - ASSOCIATION HEALTH AND BENEFIT TRUST
Funding for the Corpus Christi Police Officers' Association Health and Benefit Trust, a limited
liability benefit plan, will be made by members of the bargaining unit and the City hereby agrees to honor
any contribution increase or decrease in accordance with Article 3 (B) (3) of this contract. All officers
commissioned after the effective date of this Agreement shall be required to participate in the trust. The
City shall contribute $100,000 for supplemental insurance programs for active and retired police officers.
Effective upon execution of this Agreement, the City's contribution shall be increased to $103,000 and the
members' contributions shall be increased from $70 per month to $72.10 per month.
Effective August 1, 2007, the City shall contribute $150,000. The parties agree to continue to use
a contribution escalator for the contribution of members of the trust equal to the percentage increase
afforded members of the bargaining unit during the fiscal year.
Effective August 1, 2008, the parties agree to continue to use a contribution escalator for the
contribution of the members of the trust equal to the percentage increase afforded members of the
bargaining unit during the fiscal year
Effective August 1. 2009, The parties agree to continue to use a contribution escalator for the
contribution of the city and the members of the trust equal to the percentage increase afforded members of
the bargaining unit during the fiscal year.
The City is under no responsibility or duty to monitor the administration, distribution of benefits,
or the eligibility for benefits pursuant to the terms of such benefit trust. The City agrees to honor any Open
Enrolment to re- enroll officers who resigned from CCPD or wish to re join using a "Join/Rejoin
Contract." The City's sole obligation and responsibility shall be the City's contribution to the trust, and the
City shall have no obligation to provide or supplement any benefits, funding levels, or to make future
contributions except as mutually agreed in this and future collective bargaining agreements.
The City recognizes the Health and Benefit Trustees as the Plan Administrators governed by the
Corpus Christi Police Officers' Association, Incorporated; Health and Benefit Trust Instrument; the
CCPOA Health and Benefit Plan Document; and the CCPOA Medical Trust Rules. Any and all matters
pertaining to the Health and Benefit Trust, which shall include any contributions increase, are forthwith
governed by the aforementioned documents. The City further recognizes the Association President as the
authorized Representative Trustee who may receive information on each police officer and police officer
retire who contributes or has contributed to the Trust. Both parties agree to comply with any necessary
contractual or documentary requirements under state or federal law for access to information.
Subject to state or federal law limitations, whether under current or future law, the City will
provide information for the Health and Benefit actuarial studies, which shall include an up -to -date amount
of caritributions for each member in a month -by -month report and an annual report summary; census
reports for all active Trust members for the preceding year; census reports for all retirees for the preceding
year, their date of birth and current contribution and date of actual retirement. For active officers,
information shall include name, HR Payroll Employee Identification Number, date of birth, date of hire,
sex. contributions totals for each member and earliest eligibility for retirement to receive benefits under the
Trust Plan. The City shall provide their contribution and any changes thereof. The City shall provide rates
being paid for retirees pre - Medicare and post- Medicare and a copy of the City Rate Chart, how long the
43
rates an in effect, how long the rates will he in effect, next rate increase and any indication as to what the
rate increase will be. Provide any notice of intent to alter Medicare "Part D" and provide notice as to
change in blended rates or age - specific rates. The forgoing shall be at no cost, or if there is a cost to the
City the actual cost, to the Association or the Health and Benefit Trust and shall be sent as requested, to
include United States Postal Service, facsimile and electronic mail address at the requestors choice.
ARTICLE 16 - IMPASSE PROCEDURES
Negotiations for a new contract shall commence in accordance with Chapter 174. If impasse
should be reached as defined in Chapter 174, either party may request mediation, and upon such request,
the parties shall immediately proceed to choose one mediator as provided herein. The function and powers
of the mediator shall be as specified in Section 174.151 The mediation shall extend for 14- 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, and 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 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
comparoble 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 fact - fording, the parties may agree to choose any mediator or Factfinder or method of
choosing it. If no agreement occurs within five days from the request, the parties shall request a list of
seven (7) neutrals from the American Arbitration Association (AAA). Upon receiving the list, the parties
shall select the Mediator or Factfinder by alternately striking names. The request to AAA shall state the
dates on which the neutrals must be available. The mediator and the Factfinder shall be selected within
seven (1) calendar 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.
44
If within seven (7) calendar days after factfmding, the parties have failed to agree to a contract,
the major, unresolved issues shall be submitted to the qualified voters of Corpus Christi in a referendum
election according to the following procedure. The election shall be held on the first date permissible under
State law. By agreement the parties may submit any issue or issues to the voters. If no such agreement is
reached, then each party shall be entitled to submit two (2) issues to the voters, each issue on one 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 2- issues, and its alternatives to the
other parity's issues, so that the voters will vote on four (4) distinct issues. Each voter will have the option
of voting for all of the issues of one party, or for some issues of one party and some of the other. The
issues submitted to the voters will appear on the ballot exactly as each respective party would have them
appear in the contract. The decision on each issue by a majority of the voters voting on the issue at the
referendum election shall be binding on the parties, subject to the laws of Texas, and shall be adopted as
part of the collective bargaining agreement. In the absence of agreement of the parties to the contrary, the
term of the provisions adopted by the voters shall be the same as the term of the entire contract entered into
by the parties, or, in absence of such a contract, shall extend until the next July 31 following the election or
until a new contract is agreed upon. The .Association shall pay the cost of printing the ballots. All other
costs of the elections shall be paid by the City. The place of the respective parties on the ballot shall be
determined by coin flip.
An impasse referendum can he canceled at any time up to 15- calendar days prior to the election
date by agreement of the parties.
The Association and the City agree that during the term of Article 16, no request shall be made for
submission of unresolved issues to arbitration under Chapter 174 or any other statute, charter or ordinance
provision, and that any such request shall be void and ineffective.
Any provision of this Article 16 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 16 shall become ineffective, unless the parties agree in writing to continue them in effect.
ARTICLE 17 - POLITICAL ACTIVITIES
The City may prohibit police officers from taking an active part in any political campaign of
another for an elective position of the city if they are in uniform or on active duty.
ARTICLE 18 - 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.
45
ARTICLE 19 - CLOSING CLAUSES
A I'he effective date of this agreement shall be the 30`1' day of January, 2007 except as otherwise
provided herein, and the agreement shall remain in effect until midnight p.m. July 31, 2010 and thereafter
until superseded by a new agreement.
B. This document constitutes the sole and complete agreement between the parties. During the
term of the Contract neither party shall be obligated to bargain collectively with the other with respect to
any subject. provided, this provision does not affect any obligation which may exist to negotiate a
successor contact effective after the expiration of this document. The impasse procedure in Article 16 of
this agreement shall be wholly inapplicable to any matter except impasse of a successful contract.
G The provisions of this contract shall take precedence over all State and local Civil Service
provisions which are in conflict herewith, including for example and not by way of limitation, any contrary
provisions of Chapter 141,142 and 143; City Charter of the City of Corpus Christi, Texas; ordinances of
the City; Rules and Regulations of the Firefighters' and Police Officers' Civil Service Commission; and
Rules and Orders of the Police Department of the City.
D. If any article or section of this agreement should be found invalid, unlawful or unenforceable
by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and
sections of this agreement shall remain in full force and effect for the duration of this agreement.
E. Both the City and the Association have relied upon their factual and legal understanding that
the City is currently in compliance with state and federal law in the payment of straight time and overtime
compensation in bargaining the wages and economic benefits under this agreement. Fiscal certainty is of
the essence of this agreement to the City. In the event of any adverse judicial or agency determination
finding that the City owes straight time or overtime compensation under state or federal law above that
paid under past practices reflected by the City's payroll records, the City may request in writing that the
parties collectively bargain in good faith for the limited purpose of resolving the impact of any adverse
ruling.
46
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,V., 4 It ^- -_ai - PAGE 01
FOR THE CITY OF CORPUS CHRISTI,
TEXAS:
City Npotiatim Team Membcm -.
CORPUS CHRISTI POLICE
OFFICERS' ASSOCIATION
D., ! Y I!t rt�
CCPOA
W"
City sinewy
APPROVED:
day of .2007
City Amy
47
FOR THE CITY OF CORPUS CHRISTI,
TEXAS:
Date
—
Geolie Noe, City Manager
City Negotiating Team Members:
ATTEST
City 'Seeretary
APPROVED:
day of 2007
City Attorney
CORPUS CHRISTI POLICE
OFFICERS" ASSOCIATION
Date . V, /, r 1 1, � Z 11114 -U
inp-dlbar-ra.'President CCPOA
CCPOA Negotiating Team Members:
47
APPENDIX "A"
DUES DEDUCTION AND SPECIAL ASSESSMENT AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Dues Title
Code _ Payroll No. _ Employee No. Code No.
Social
Name Security No.
(Last) (First)
Address_ _ _ Zip Code
A
I hereby authorize the City of t�orpus Christi to deduct each pay period a sum as
certified by the Corpus Christi Police Officers' Association as the current rate of dues or an
amoutyt as may hereafter be established by the Corpus Christi Police Officers' Association as
dues, or special assessment approved in accordance with the collective bargaining agreement and
Association Constitution and Bylaws. This deduction is to be forwarded directly the to 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
48
Dues
Code
Name
Address
APPENDIX "B"
TERMINATION OF DUES DEDUCTION
ON SPECIAL ASSESSMENT AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Payroll No._ __ _ _ Employee No.
Social
Security No.
(Last) (First) (M.I.)
Title
Code No.
Zip Code
1 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.
Date:
49
APPENDIX "C"
GRIEVANCE FORM
City of Corpus Christi Grievance No.
Employee: Immediate Supervisor:
Printed name: Printed Name:
Grievance must be filed within thirty (30) calendar days of occurrence or knowledge of
occurrence. Fill in all information and submit to Commander in appropriate chain of command.
Failure to appeal within the time periods prescribed for each Step will not be considered timely
and shall be void.
Step 1 Commander Review
Staten*nt of Facts:
Policy, Practice, or Contract Provision alleged to be violated:
Other ldividuals affected by Grievance:
Remedy Sought:
Submitted by: at a.m. p.m.
this
Signature of Grievant or Class Representative Date
Receivtd bv:
p.m.
Commander or Staff Member:
this
- - -_ _ -- _ Date:
50
Time
at a.m.
Time:
Response of Commander. (Response must be completed within 20 working days of receipt
of grievance)
Accept Facts as Stated. Additional or Contested Statements to Facts:
Other applicable Contract terms, policies, or practices:
Adjustments or Remedies Recommended:
Approved by:
at a.m. p.m.
Sigr*ture of Commander
Received by: _
at _ __ a.m. p.m.
Sigrdtture of Grievant
Copy Sent To Association this
this
Date
this
Date
at
Date
7I
Time
Time
a.m. p.m.
Time
Step 2 Association Review (Must be filed with Association within 10 days of Commanders
Response)
Emp vee Appeals Step 1 Response:
:Accept Facts as Stated. Statements of Facts in Dispute:
Reasons for Appeal:
Submitted
D.M.
Signature of Grievant or Association
if class action
Received by:
at --a.m. p.m.
Signature of Association Representative
Association Determination:
No Appeal. Appeal for the following reasons:
Adjuslanents or Remedies Recommended:
this
this
Approved by: _ this
at _ a.m. p.m.
Signature of Association Representative
Received by: this _
at _________ a.m. p.m.
Signature of Chief or Staff Member
Date
at a.m.
Time
Date Time
Date Time
Date Time
Step 3 Chief of Police Review (Notice of Appeal by Association must be submitted to Chief
within 20 working days from date of Commanders Response.)
Adjustments or Remedies Recommended:
Approved by:---
at a.m. p.m.
Signature of Chief
Received by:
at ___ a.m. p.m.
this
Date
this
Signature of Association Official or Staff Member Date
53
Time
Time
to
Submitted
at a.m. p.m.
this
Signature of Association President or Designee Date
Received by: this
at _ -- a.m. p.m.
Signature of City Representative Date
54
Time
Time
APPENDIX "D"
INSURANCE
A. Heakhh Insurance. The City shall provide health insurance coverage for Police Officers
and their dependents in a preferred provider program called Public Safety Citicare. The parties
agree to re -open negotiations no later than March 30, 2007, after the city's health insurance
consultants have made their recommendations, and to make a reasonable effort to mutually agree
upon a revised plan MaN 31, 2007. At that time the City will be able to quantify and cost the
proposed new plan, including any proposed funding of health savings plan. If the parties reach
agreement and amend this contract, those revisions will be included in the RFP for Health
Benefit Providers, for implementation August 1, 2008. Both parties recognize that the City is in
the process of developing a modified approach to health benefits on city wide basis, and that the
recommendations from the city's health insurance consultants were not available in time for
consideration and negotiation when this agreement was executed. The City agrees to provide the
Association with the same health insurance information used by the consultants (with the
exception of information subject to privacy limitations under state or federal law, including
HIPPA) to prepare their recommendations.
I The plan shall be structured as follows:
PUBLIC SAFETY CITICARE
BENEFITS:
PRIMARY
SPECIAL SERVICES
OUT -OF- NETWORK
NETWORK
Calendar Year
No Calendar Year
$100 Per Individual
$200 Per Individual
Deductible
Deductible
$250 Max. Family
$500 Max. Family
Physician Services
(Ott- Patient, ER
$15 Co -Pay
80/20%
70/30%
Visit and
Reimbursement
Reimbursement
Second Minions)
Phy.sician Services
One time $15 Co -Pay
(Inatient)
first visit per Doctor
80/20%
70/30%
Reimbursement
Reimbursement
Laboratory
$10 Co -Pay
80/20%
70/30%
Services
Reimbursement
Reimbursement
ftasiciansOffice
Lb. Facilities)
X -bays
PhI�ssician's Office:
$10 Co -Pay
80 /20%
70/30%
X- Rays Facilities:
$15 Co -Pay
Reimbursement
Reimbursement
�5
PUBLIC SAFETY CITICARE
BENEFITS:
PRIMARY
SPECIAL SERVICES
OUT -OF- NETWORK
NETWORK
Calendar Year
No Calendar Year
$100 Per Individual
$200 Per Individual
DedWtible
Deductible
$250 Max. Family
$500 Max. Family
$15 Co -PaN
Emelgency Room
Then
80/20%
70/30%
Services
851,15%
Reimbursement
Reimbursement
Reimbursement
Prescriptions
Co -Pays:
No Deductible
No Deductible
$5 Generic
80/20%
70/30%
$20 Brand
Reimbursement
Reimbursement
$200 Deductible
Hos kalization
Patient)
$600 Max. Family
80/20%
70/30%
(In-
Then
Reimbursement
Reimbursement
85/15%
Reimbursement
$100 Deductible
Hospitalization
$250 Max. Family
80/20%
70/30%
(Out-Patient)
Then
Reimbursement
Reimbursement
85/15%
Reimbursement
Out-of-Pocket Cost
V Exeding Co-
$500 Per Individual
$700 Per Individual
$700 Per Individual
ays &
$1,250 Max. Family
$1,750 Max. Family
$1,750 Max. Family
Deductibles}
* employees and dependents covered by the Public Safety Citicare will be excluded from the drug
formula-
** Emergency Room Services. Will increase to $50.00 Co -Pay provided that 2 minor emergency
clinics are included, one on the Southside of Corpus Christi and the other in the Calallen area. Should the
number of minor emergency clinics fall below 2 for more than 90 consecutive days the Co -Pay will be
$15.00.
Other eligible services and eligible medical supplies as shown in the Public Safety Citicare
Plan document shall be covered at 85 %/15% for primary network, $100.00 deductible/ $250.00 family
maximwn deductible and 80 %/20% for special services or $200.00 deductible/ $500.00 family maximum
deductible and 70 %/30% for out of network. When expenditure is made toward a deductible and/or out -of-
pocket requirements it is cumulative in all three categories.
Special Services are those services, which are provided outside the participating provider service
areas doe to residency or emergency care or referrals from a primary network provider if services are not
available through a primary network,
Participating Provider Service Areas are those locations covered by a primary network; South
Texas, Dallas/ Ft Worth, Houston, San Antonio/Laredo and Austin.
56
Out of Network is the use of any hospital, physician or other health care facility or professional
that has not signed an agreement with the City or its health care administrator to provide services as the
preferred provider.
Should the number of hospitals available in the network fall below 2 for more than 90- consecutive
days, the reimbursement percentage for out -of- network hospitalization shall be 80 %/20 %, deductibles shall
be $ 00.00 per each covered individual, $300.00 family maximum, and out -of- pocket shall be $480.00 per
each covered individual until the number of hospitals is at least two.
Should the number of total physicians in the network fall below 300 for more than 90- consecutive
days, the reimbursement percentage for out -of- network physician services, laboratory services and x -rays
shall be 80°x,/20 %, the deductible shall be $100.00 per each covered individual, $300.00 family maximum,
and out -of- pocket shall be $480.00 per each covered individual until the number of physicians in the
network is 300.
Should the number of total physicians in the network fall below 300 for more than 90- consecutive
days, and should the number of hospitals available in the network fall below 2 for more than 90-
consecutive days, the health care plan (Plan H) in effect prior to adoption of this agreement shall be
reinsl ted, unless the Association informs the City within 30- calendar days of their decision to remain
covered by the Public Safety Citicare Plan. The City shall have 30- calendar days to reinstate Plan II after
being notified of the Association's decision
Should the number of network physicians in any one specialty remain for more than 90-
consecutive days below 50% of the number of network physicians who were in the network in that
specialty on March 1, 1996, out -of- network physicians services in that specialty shall be reimbursed at
80 %& %, the deductible shall be $100.00 per each covered individual, $300.00 family maximum and out -
of- packet shall be $480.00 per each covered individual until the number of network physicians in that
specialty increases to at least 50% of the number who were in the network in that specialty on March 1,
1996. Provided however. that a covered individual who was being treated by a network physician within
90- consecutive days before the day the number fell below 50% shall pay the Primary Network Physicians'
Services Co-Pay rate for that treating physician's services for up to 90- consecutive days after the number
fell below 50% if that treating physician has become an out -of- network provider.
2. The City shall pay 100% of the employee's premiums and 50% of the premium for
dependent coverage. Premium rates shall be determined by the City based on the cost of the plan.
3. The City has the authority to restructure benefits, with the exception of hospitalization
deductibles, maximum out of pocket amounts and reimbursement percentages. The City also has the
authority to restructure network composition of the preferred provider network. The City retains the right
to negotiate with insurance and/or medical providers for benefits, coverage and administration under
Pubes Safety Citicare.
4. The benefits in the out -of- network portion of the plan may not be changed unless
negotiated and agreed upon by the City and the Association. Benefits in existence in the health care plan
for Police Officers and their dependents (Plan II) in effect prior to adoption of this agreement shall be
incorporated into the out -of- network portion of the Public Safety Citicare Health Plan unless changed by
this agreement.
57
5. The purpose of premiums is to generate revenues to cover claim costs. Co -pays are not
intended to generate revenues
B. R tree Health Insurance Coverage. Employees who retire under the conditions of regular
TMRS retirement, and their previously participating dependents, 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 and the Health and Benefit Trust Instrument, Plan Document and Trust rules subject to periodic
changes in rags as required. The total cost of such continued coverage shall be paid entirely by the
employee and/or spouse. This coverage shall require a signature if it is to be canceled, otherwise it is
assumed the participating member desires to participate in the Health and Benefit Trust Plan. 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 becomes eligible for Medicare or reaches age 65 at which time coverage shall cease. The spouse's
rights shall continue after the employee's death, but shall terminate upon divorce.
C. Association Supplemental Insurance Programs. The Association may select and change any
group supplemental insurance coverage for officers and /or dependents in which plan officers may opt to
participate. The City will provide payroll deduction for any officer participating who authorizes same to
cover aty additional amount of premium for such participation. The Association shall give the City at least
30- calendar days advanced written notice of any change in the plan, eligible participants, or the amount of
premiums. The City will contribute $47.00 per month, per officer, for any officer opting to participate in
any selected plan. The City shall contribute an additional $15.00 per month, per officer, with dependents
toward any selected plan for such officers provided that a minimum of 75% of officers with dependent(s)
opt to participate. Any administration fee surplus account may be used by the Association in any manner
prescribed by its Executive Board of Directors.
D. Life Insurance.
include 'Lieutenants, equal
Chiefs Mall be provided 1
which ever is greater.
The City shall provide basic life insurance coverage for each police officer, to
to that employee's annual base salary. Captains, Commanders and Assistant
asic life insurance coverage equal to their annual base salary or $50,000.00
58
APPENDIX 6(E99
WAGE INDEX FORMS
&,- i � (10 14mmerage)
S9
Police KlevaClilleffk
fit w, Dep.1% nicil
Labb ack c,
sm Uen pout - Depnnnow-
Vok--e Departlpero,
L-2al- Plii- i-m-tilie-
Tan vwkw 1 ww"mum
S9
3,-.'Tce Depa6rnenf)
Base it\
+chela Master
to Pay IQ
Allowance Degree POST Totals
F4w.
y.
6
APPPENDIX "F"
PHYSICAL FITNESS
I Effective .August : , 2007, the Chief of Police and the Association may mutually
agree in writing to adopt a voluntary physical fitness assessment model, adjusted for age and
gender.
2 Effective August 1, 2008, the City at its sole discretion, may offer incentives,
either in pay or leave time, if the :association mutually agrees in writing.
3 The City agrees to establish a police officer wellness program. This program will
also include distribution of nutrition and fitness information during in- service training.
61