HomeMy WebLinkAboutC2010-493 - 12/7/2010 - ApprovedAGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI POLICE
OFFICERS' ASSOCIATION
August 1, 2010 to Judy 31, 2015
2010-493
M2010-295
12/07/10
~. CCPOA ~~~~~~
TABLE OF CONTENTS
Article 1-Preamble ........................ 4
Article 2 -Definitions ...................... 4
Article 3 -Association Rights......... 5
A. Association Recognition and
Scope of Unit .......................... 5
B. Payroll Deduction of Dues ...... 6
C. Time Off for Association
Business .................................. 7
D. Bulletin Boards ........................ 8
Article 4 -Association Duties ......... 9
Article 5 - Managcment Rights....10
Article 6 -Management Duties to
the Association ............11
Article 7 -Disciplinary Action .....12
Article S -Grievance Procedure .. 1$
Article 9 -Hours of Work ............ 20
A. Workweek ............................. 20
B. Overtime ................................ 20
C. Court Time and Call Back..... 21
D. Deferred Compensation for
Overtime ................................ 21
Article 10 -Salary and Benefits... 22
A. Monthly Salary Schedule ...... 22
B. Health Care Plan and Life
Premiums ............................... 25
C. Field Training Officer Pay .... 34
D. Education Incentive Pay........ 34
E. Clothing and Equipment ....... 35
F. Pensions ................................ 35
G. Deferred Compensation Plan 3b
H. Classif cation Compensated
Under the City's Classification
and Compensation Plan .........36
I. Termination Pay .....................3b
3. Longevity Pay .........................37
K. Bomb Squad Pay ....................37
L. Breathalyzer Certification
Pay ........................................37
M. Weekend Pay .........................3 7
N. Shift Differential Pay .............37
O. Shift Changes .........................37
P. Dog Handler Pay ...................37
Q. SWAT Team Pay ...................37
R. Hostage Negotiation Team Pay37
S. Dive Team ..............................37
T. Badges ....................................37
U. Patrol Pay ........................ 37
Article 11-Leave .................. ......38
A. Holidays ................................38
B. Vacations ...............................3 8
C. Personal Leave ......................39
D. Military Leave .......................39
E. Special Leave .........................40
F. Line of Duty Injury or Illness 40
G. Administrative Leave .............40
H. Leave Buy Back .....................40
I. Sick Leave Poo1 ................. .....40
J. Other Leave Time Policies .....42
K. Bereavement Leave ........... .....42
L. Funeral Benefit .................. .....42
Article 12 -Personnel Practices....42
A. Interchangeable Use of Police
Officers and Senior Police
Officers ..................................42
B. Disability ...............................43
C. Civil Service Internal
Investigations .........................43
z
. Civil Service Commission
Records .................................. 44
Notice of Shift Change ......... 44
Wearing of Uniform on Off
Duty Security Jobs ................ 44
G. Entrance Examinations......... 45
H. Alternate Hiring Process ...... 45
I. Reinstatement ......................... 46
J. Mandatory Random Drug
Testing ................................... 46
K, Layoffs, Recalls and Reducti on
in Force ................................. 48
L. Temporary Duties in a
Higher Classification......... 4$
M. Physical Fitness ............... 4$
Article 13 - Promotions ................. 4$
A. Posting and Administration of
Promotional Examinations .... 49
B. Promotional Examinations
Corrections ............................ 49
C. Senior Police Officer's
Proficiency Examination....... 49
D. After Acquired Educational
Requirement for Lieutenants
Promoted to Captain .............. 49
E. Appointment of Assistant
Chiefs and Commanders ....... 50
F. Probationary Period of
Lieutenants and Captains ...... SO
G. Filling Vacancies Below
Commander ........................... 50
H. Eligibility for Promotion ...... 51
I. Promotional Procedures ......... 51
J. Eligibility Lists ...................... 52
K. Grievances or Suits Claiming a
Right to Promotion ................ 53
L. Chapter i43 Applicability..... 53
M. Nepotism .............................. 53
D
E.
F.
N. Final Score ...................54
O. Resolution to Promotion
Dispute ........................ 54
P. Time Served as an Acting
Or Temp Lieutenant Between
1211/06 and the Execution of
Agreement ...................... 54
Article 14 -Employee-Management
Relations .....................54
A. Labor Relations Committee ..54
B. Legal Defense ........................55
Article 15 -Association Health and
Benef t Trust ..............55
Article 16 -Impasse Procedures...55
Article 17 -Political Activities ......57
Article 18 -Existing Conditions ...57
Article 19 -Closing Clauses..........57
Appendix,"A" -Dues Deduction and
Special Assessment Form ......59
Appendix "B" -Termination of Dues
Deduction ...............................60
Appendix "C" ~- Grievance Form.....61
Appendix "D" -- Wage Index Forms65
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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 fhe "Association" The purpose of~his agreement is tl~e 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.
"C.A.P.F.U.D.T.P." College of American Pa#ho{ogist Forensic, Urine, Drug Testing Program.
"Chapter 143, Local Government Code," means the Municipal Civil Service Act, formerly TEX.
REV.CIV. STAT. ANN. Art. 1269m (codified 1987).
"Chapter 174, Local Government Code," means the "Fire and Police Employee Relations Act," formerly
Article 5 3 54c-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
ClYristi as set forth in Chapter ] 43, laocal Government Code.
"Emergency" is defined as any unexpected happening or event or unforeseen situation or crisis that calls
for immediate action and requires alteration of schedules, work hours, shifts and/or personnel assignments.
The Chief may declare an emergency pursuant to this definition.
"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.
"Governmental Accounting Standards Board" ("GASB") Statement 45-Addresses how "Other Post
Employment Benefits" ("OPEB") other than pensions are recorded in financial statements.
"Grievance" means any and all disputes arising under the Grievance Procedure in Article 8.
"Member" means any employee who is on the membership list of and pays dues to the Association.
"MRO." Medical Review Officer.
"Police Officer Trainee." An individual employed by the Carpus 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
Christi Police Academy.
"Strike" means, whether done in concert or individually, a failure to report for duty, the willful absence
from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and
proper performance of the duties of employment (including but not [invited 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 witl~ the rank of Lieutenant or above, or any officer, when assigned
supervisory duties by ranking officers having authority to make such assignments.
"Termination of employment" means the officer voluntarily resigned, whether eligible for retirement or
not, or was indefinitely suspended and did not appeal his or her termination of employment or affcr
exhaustion of all appeals to arbitration and/or court.
"Work hour ar 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. Association Reco ninon and Sco a 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. Payroll Deduction of Dues.
1. The Association shall supply tl3e City with all necessary papers and information far payroll
deduction of Association dues and assessments. The City shall not authorize payroll deductions far
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 tl~e bylaws of-the -Association. This-
authorization shall remain in full farce and effect for the term of this agreement or until termination by the
employee. Such "Dues Deduction" farm is found in Appendix "A" and is incorporated by reference into
this agreement. The City shall begin such deductions on the following pay period after receipt of the "Dues
Deduction" form. Any dues increase will require the vote of the Executive Board and shall not need
additional signatures from the general membership.
3. The City agrees to deduct special assessments from all employees that are members of the
Association upon receipt of official notification from the President of the Association indicating that said
special assessment has been approved and ratified by a majority vote of the Association members. In
return, the Association agrees to defray the administrative costs to the City for such assessments in the
amount of $50A0 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 typ~ssessment, 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/her membership, lie/she may
voluntarily and individually do sa. Such action will be initiated through a "Termination of Dues
Deduction" form in Appendix "B" voluntarily and individually signed by the member of the Association
and a list of the names of officers who have terminated their participation shall be sent 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 "Termmination of Dues Deduction" form is
Found in Appendix "B" and is incorporated by reference into this agreement. The City shall terminate
deduction of dues on the following pay period after receipt of the "Termination of Dues Deduction" form.
5. The City will be obligated to remit to the Association only those sums deducted as dues and
assessments from the Association member's paycheck and will not be liable for damages to the
Association, any individual employee, or other persons for failure to deduct any authorized sum for any
reason.
6. The City shall continue its practice of providing the Association with the print-out of current
dues deductions.
7. The City shall provide to the Association, on or about January 31 of each year, a written copy
o~ the CCPD General Rules Manual and all Divisional Manuals. The City will further provide in a timely
manner electronic updates to said manuals. The City shall provide a written or electronic copy of the
CCPDIMunicipal Court Telephone Directory as updated, within a reasonable time period, The
Association agrees to use the directory for only internal Association activities and agrees to hold the City
harm less.
C. Time Off far Association Business.
1. Subject to prior notification to the Chief or the next highest ranking officer, the Executive
--Boards-or-its-designees shall-have the right to visit the-premises of the Police- Department for purposes of
administering this agreement. For a period of time not to exceed 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 tine functions of the department and approved by the Chief. Such approval
shall not be unreasonably withheld.
Z. Once a calendar year, each member of the Association shall contribute accumulated sick
leave hours to a pool to be known as the "Association Business Leave Fool" in an amount determined by
the City and Association to be sufficient to fund the Association President's annual base salary and the
number of days of the Association 15F Vice ('resident's base salary specified below. This pool shall be used
to compensate the Association President and Association 15` Vice President in accordance with this
paragraph. During his/her entire term of office, the Association President shall be relieved of duty with pay
to perform Association duties. With prior approval of the Chief of Police, the Association 1S' Vice
President shall be relieved of duty for up to a total of sixty {60} days during the first year of the contract, up
to ninety (90) days during the second year of the contract, and up to one hundred eighty (l80} days
beginning the third year of the contract.. The Association President's base salary shall be offset by the
hours in such pool. The Association 1 S` Vice President's base salary shall be offset by the hours in such
pool, as described above. A five day, eight hour per day work schedule will be used to calculate the I S'
Vice President's tune on leave. The City shall continue to pay all benefits and additional pay, which they
are entitled to receive while the Association President and/or 15' Vice President are on Association business
leave. The period during which the Association President and/or Association 15Y Vice President are
relieved of duty under tl3is provision shall not constitute a break in service. In the event of an emergency,
the Chief may order the Association President and/or 15T Vice President, while on Association business
leave, to report for duty as assigned by the Chief during the emergency situation. If the Association
President elects to return to duty for the remainder of his/her term of office, he/she shall give the Chief 60-
calendar days advance written notice of the date he/she shall return to duty.
In the event of the incapacity of the Association President for a period in excess of two (2} weeks
for illness or injury, at t13e option of the President, the President may elect to discontinue use of the pool
and utilize sick leave. This shall be effective upon two (2) weeks written notification in advance that the
Association ls' Vice President shall be assuming the duties of the President. The Association 15' Vice
President upon assuming the duties of the President shall be eligible to use the pool hours during the
absence of the President. In no event shall more than two (2) Association officers be eligible to draw pool
hours from the pool at the same time due to the incapacity of the Association President. In the event of the
death of the Association President or incapacity during which the Association President is unable to
communicate, the Association I sr Vice President shall provide written notice of the intent to utilize the pool
hours under this provision.
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The Association President or 15` Vice President while relieved of duty to perform Association
duties shall not be placed on limited duty.
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 an each of the negotiating teams shall be equal, but no less than three. Preparation time shat!
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/her discretion, grant said time off, subject
to scheduling and manpower contingencies that may arise.
5. A pool of 300 hours shall 6e available during eacl- year of this contract for time off with
pay far 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 ~~ot exceed a total of 300 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 desig~~ee of the Chief of Police.
b. Except for a person wl~o 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. Bulletin 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 premise 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
standards to other bulletin boards in the Police Station for posting of routine announcements of meetings,
Association business, recreational functions, legislative enactments and judicial decisions. The use of the
bulletin board for the postings of partisan political material, editorial comments and viewpoints of
employees in any manner, which would be in opposition to existing police working conditions, shall not be
allowed. Any material on the bulletin board which the City alleges to be in violation of this agreement shall
be promptly removed by the Association. The matter will then be immediately referred to Step "4" of the
grievance procedure for resolution. 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/her designee shall submit the proposed e-
mail in writing to the Chief far distribution to members of the bargaining unit only. The Chief shall
approve or disapprove of the proposed a-mail within 5-calendar days of receipt from the Association. The
Chief shall notify the Association of his/her decision in writing. In the event the Chief denies the request,
the Association shall have S-calendar days from receipt of the Chiefly 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 from 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 tl~e intention of this provision to allow the Association to provide information to otTscers only.
Nothing herein shall be construed to pcrmit 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.
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ARTICLE 4 -ASSOCIATION DUTIES
A. Prohibited Prae#ices. Neither the Association nor any employee shall engage in any of the
following practices:
l . Restrain or coerce any employee in the exercise of any rights granted under this agreement;
2. Cause or attempt to cause an employee to discriminate against another employee because of the
employee's membership or non-membership in any employee organization, or attempt to cause the City to
violate any rights of the employee;
3. Discriminate against any employee because helshe has signed or filed an affidavit, petition or
complaint, or given any information or testimony alleging violation of this agreement;
4. Discriminate against any employee covered by this agreement because of race, sex, creed,
color, age, national origin, affiliation, association or non-association; or discriminate in the application or
interpretation of the provisions of this agreement;
5. Discriminate against any employee who has f led a grievance pursuant to Article 8 of this
agreement;
6. Initiate, authorize, aid, or participate in any strike, picketing, or distribution relating to the
employee's employment or the employment of any other person by the City or any other employee; or
refuse to cross any picket line by whomever established where such refusal would interfere with or impede
the performance of the employee`s duties as an employee of the City.
B. The parties hereto agree that alt negotiations will be conducted exclusively between the designated
bargaining representatives of the City and the Association. Neither party will make any effort to bypass the
spokesman of the other-party during the period of negotiations for amendments to this agreement unless an
impasse exists as defined under the "Fire and Police Employee Relations Act", Chapter 174, Local
Government Cade.
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 unfavarabIy affect employees as to any changes in wages, hours, terms
and conditions of employment and other benefits granted by the Texas State Legislature requiring the State
of Texas to compensate, remunerate or otherwise assist employees after the effective date of this
agreement. Any changes in wages, hours, terms and conditions of employment and other benefits granted
by the Texas State Legislature requiring the State of Texas to compensate, remunerate or otherwise assist
employees shall not be incorporated into this agreement; nor shall the City be required at any time to pay
any share of said wages, hours, terms and conditions of employment of other benefits. Any reduction or
elimination of wages, hours, terms and conditions of employment, and other benefits by the Texas State
Legislature that previously required the City to compensate, remunerate or otherwise assist employees after
the effective date of this agreement shall not alter the terms of this agreement during the life of said
agreement.
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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
reorganize the operations within the department, or departments, and the right to lay off employees of the
department.
C: The City shall-have exclusive authorityto transfer any governmental operations r`ow conducted by
it to another unit of govermnent. Upon such transfer, all agreemeirts are terminated, including this
agreement as pertaining to personnel of the department affected by the transfer.
D. The City and the Chief shall retain all rights and authority to which, by faw, they are entitled.
E. It is understood by the parties that every duty com~ected 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 PIan as Safety Security
Officer, .railer, Lifeguard, School Crossing Guard, and Maintenance Security, which require training in
law enforcement, safety and security duties, fire fighting skills, emergency medical treatment, water safety,
and other similar related skills. Such job classification, as well as similar job classifications adopted in the
future which would include public safety personnel for Padre Island, are not subject to the terms of this
agreement.
G. Notwithstanding any provision in this Agreement to the contrary, and without altering any other
provision of this Agreement, tl~e City is authorized to civilianize the following positions or units:
1. Departmental Accreditation Manager
2. Fleet Management
3. NarcoticsNice Investigation Booking Desk
4. Crossing Guard Coordinator
5. Police Athletic League {PAL) Coordinator
6. Crime Stoppers
7. Public Information Office
8. Enhanced Digital Access Communication Systems (EDACS}
The City reserves the right to use civilians in the Police Department to perform duties that do not require a
commissioned officer. Duties that require a commissioned officer are defined to be those duties required
by State law to be performed by peace officers. It is specifically agreed that the City may use civilians to
perform duties in the Police Department that are presently being performed by civilians irrespective of any
requirements of State law concerning the requirement for a police offcer. It is also agreed that civilians in
the Police Department tnay not be used as direct supervisors of any commissioned officer. Interpretation
of this provision is subject to declaratory judgment action.
It is expressly understood and agreed that all provisions of this section shall preempt any statute, local
ordinance, City policy, or rule, which is in conflict with or is inconsistent with this section and the
10
procedures developed hereunder, including for example and not by way of limitation, any contrary
provisions of Chapters 141, 142, and 143 of the Texas Local Government Code.
H. The City reserves the right to use personnel from the Police Department and the Fire Department
interchangeably during natural disasters and civil disorders,
I. The Chief shall have the exclusive right to:
] . Establish departmental rules and procedures;
2: -Discipline or--discharge-for-cause; .. - -- __ - - _ _ _ _....._ . _...
3. Deterrtiine work and overtime schedules in a manner most advantageous to the City;
4, Establish methods and processes by which work is performed; and
5. Transfer employees within the department in a manner most advantageous to the City.
J. Except as provided in this agreement, the City retains the right to operate and manage its affairs in
all respects.
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 airy amendments, and
2. A true and correct copy of this agreement.
3. A true and correct copy of the Rules and Regulations of the Civil Service Commission for
Firefighters and Police Officers for the City of Corpus Christi, Texas, as amended.
B. The City shall not engage in the following practices:
1. Interfere with, restrain, or coerce employees in the exercise of rights granted in this agreement;
2. Dominate, interfere, or assist in the formation, existence or administration of any employee
organization which is qualified to be a collective bargaining agent for police officers; or contribute
financial support to any such organization.
3. Encourage or discourage membership in any employee organization by discrimination in hiring,
tenure, training, or other terms or conditions of employment;
4. Discharge or discriminate against any employee because he/she has filed any affidavit,
grievance, or complaint; or given any information or testimony alleging violations of this agreement; or
because he/she I~as formed, joined, or chosen to be represented by any organization;
11
5. Discriminate against any employee or employee group because of religion, sex, creed, .color,
age, national origin, association or non-association or affiliation in an organized employee group or
discriminate in the application or interpretation ofthe 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 »ot guarantee that vehicles will not be damaged at such locations or the safety of any person
wl~a remains at the employee shelter during the hurricane.
D. The City shall notify the Association in writing of all posted meetings and hearings of the Civil
-- Service Commission-for Firefighters and Pollee 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 Firelighters 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 Cl~ief 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 hislher 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 disciplinary action may be taken far 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. lnternal 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 up investigation; it does not include incidents or situations arising in the feld which require initial
fact finding 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 sha116e advised of their role in the investigation.
1. The interview of any employee shall be at a reasonable hour, preferably during on-duty
hours, if possible, but not necessarily, depending upon circumstances. [n the event of a dispute of the
reasonable hour determination, the decision of the Chief shall be final.
2. The interview shall take place at a location designated by the investigating officer, usually
at the Headquarters Police Station.
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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 airy 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, lie/she shall 6e so informed. "Exigent circumstances include necessary cooperation during
- - - -incident-scene-procedures; including securing the scene; controlling the-publics 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/she be
threatened with transfer, dismissal or other disciplinary punishment. No promise of reward shall be made
as an inducement to answering questions. Nothing herein is to be construed as to prohibit the investigating
officer from informing the employee that his/her conduct can became 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/she is a suspect or the target
of a criminal investigation, he/she shall be accorded all rights pursuant to law to which any citizen would
be entitled.
$. 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 na "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 statetment ar interview, upon hislher 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 at~icer shall not re]ease the provided information to any person
other than hislher attorney or Association representative.
1 U. 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.
13
11. The investigator for Internal Affairs in charge of the particular case is required to inform
the officer prior to being questioned, interrogated and/or investigated that he/she may have one
representative, an attorney, Association representative or a personal representative, present during the
employee's interview, unless the officer in writing voluntarily waives this right. If an officer is ordered to
write a statement, the officer shall 6e 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/she 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
after due diligence, service may be made by placing it in the mail addressed to the employee's last known
address along with delivery of the statement to the Association, and proof of such service shall be
sufficient to support any disciplinary action. A copy of such statement, along with a copy of the notice of
contemplated disciplinary action, shall be promptly filed with the Director of Human Resources of the
City.
The written statement shall point out the particular rule or rules alleged to have been violated by the
employee and the specific act or acts alleged to be in violation. Said statement shall inform the employee
that he/she 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 appea[ from any disciplinary action imposed, the employee need only file a letter expressing his/her
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.
i'. Upon receiving an appeal from an employee or his/her designee, the Director of Human Resources
shall act immediately to notify the Association and Chief of the appeal to arbitration. When an employee
will not be represented by the Association, advance payment of $1,000 for the arbitrator must be included
1 ~1
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 far payment of any charges,
which might be incurred by the officer as a result of an appeal to arbitration.
The Director shat! immediately request a fist of seven (7} qualified neutrals who are members of
the National Academy of Arbitrators from the American Arbitration Association or other qualified
agencies, which may be mutually agreed upon for this purpose. Within 7-calendar days after receipt of the
list, the Director of Human Resources shall contact the employee or his/her designee in order for the
employee or his/her designee and the City to alternately strike the names on the list, and the remaining
name shall be the arbitrator. If the parties cannot agree as to who shall strike first, the parties shall decide
_...
_... by a-coin toss. - ----__ __ - - - - _ _ . .
G. The hearing shall be commenced within such reasonable time as the arbitrator selected can be
scheduled. [f the arbitrator selected cannot commence the hearing within 50-calendar days from hislher
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 selected from a new Iist of seven (7) names immediately requested from the American Arbitration
Association, according to the procedure set out herein. The hearing shall be scheduled so that it can be
completed without break, in consecutive calendar days (excluding weekends and holidays}. The arbitrator
shall make an award within 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/she finds to be true, if any,
and the particular rules he/she finds such conduct to have violated, if any. Where the charges are upheld,
the award shall state whether the discipline imposed is upheld, or whether same lesser discipline is
substituted.
H. The following rules shall govern the conduct of hearings under this section, and of certain
preliminary matters:
1. Upon the request of either party addressed to the opposing party at least 7-calendar days prior to
the date of hearing, the parties shall exchange the names of witnesses expected to be called at the hearing.
Upon failure of a party to disclose such witnesses, the arbitrator may exclude their testimony. Each party
shall pay the subpoena fee of their own non-city witnesses.
2. The arbitrator shall have the power to subpoena witnesses, records and other evidence, upon
not less than 7-calendar days notice. Pursuant to such notice, the Director of Human Resources shall issue
subpoenas requested by the parties in the name of the arbitrator. A party may apply to the arbitrator to
quash a subpoena issued by the Director of Human Resources. Any subpoena for records or documents
shall a~ot 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
]5
seeking common law relief in the state district court if the arbitrator exceeds his/her jurisdiction in regards
to discovery.
3. In all hearings under this section, the City shall prove its case by a preponderance of the
evidence.
4. Tl~e 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 applications--the---arbitr-ator -shall - sansider 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/she 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 decisio~~ 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 ofFcer's chain of command is
exempt from the provisions of this paragraph.
I. The arbitrator shall have aII 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.
.I. Any notice or statement required to be f led by the Chief of Police or the employee in a disciplinary
proceeding under Chapter 143, under Commission Rules, or under this contract, shall be flied with the
Director of Human Resources of the City.
K. The decision of the arbitrator is final and binding an all parties. A district court may hear an appeal
of an arbitrator's award only on the grounds that the arbitrator was without jurisdiction or exceeded his/her
jurisdiction or that the order was procured by fraud, collusion, or other unlawful means.
L. Unless otherwise provided in this contract, in cases of conflict, the provisions of this contract will
control over Chapter 143, Civil Service Commission Rules, and American Arbitration Association Rules;
and Chapter I43 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.
i6
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
judicial body shall have power to review such disciplinary action or alter the terms of the agreement.
O. Any deadline or time restrictions set- out in this contract with respect to disciplinary proceedings
- ---- - may be modified by written-agreement of t13e-parties:-However,-neither-party may-be-compelled to-waive -
its right to insist upon the deadline and time restrictions provided by the contract.
P. In addition to disciplinary powers vested in the Police ChieF, the following supervisors shall have
the right to suspend for cause, said suspensions not to exceed the following limits: {I) 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 l0-hour shift; and (2)
Police Captains may suspend not to exceed 16-work hours without pay for an officer assigned to work an
$-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,
according to the procedures for disciplinary actio~~s by the Chief, except that no pre-suspension notice by
the Chief shall be necessary, and the Chief inay adopt the supervisor's letter as his/her 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
Association 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 casts.
R. All hearings which are expected to be completed in one day shall be submitted for expedited
arbitration. On all other hearings, the parties may agree to request expedited arbitration.
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 not have days off, and continues to work his/her regular schedule). Any officer temporarily suspended
for a period of 30-hours or less shall be allowed to forfeit vacation leave, holidays, personal leave ar
compensatory time iii lieu of suspension (in like manner as above) if the of#icer agrees not to appeal the
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 ofFcer may reply,
and such reply shall become a part of the officer's permanent civil service file. No written reprimand shall
be placed in the file without the offECer's knowledge. Letters of counseling shall become a part of an
officer's departmental f le.
V. If the officer appeals a suspension of 30-hours or less, the lasing party shall pay all fees and
expenses of the arbitrator. The arbitrator shall designate the losing party for purposes of this paragraph, and
17
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 S - GRiCEVANCE PROCEDURE
A. Seope of Grievance-Procedure. The purpose of this grievance procedure is to establish effective
machinery for the fair, expeditious and orderly adjustment of grievances. Only matters involving the
--_ _ _.. .
znterpretation;-applicationor enforcerrient ofthe-terms ofthia agreemeit, shalt-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 shall
follow the process set forth in Section E.
B. Association Representation. 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 6y the City which affects the bargaining unit as a whole ("Class Action").
C. Time 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. Steps;
Step l . Association Review. The aggrieved employee shall submit his/her 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 30-
calendar days of receipt of the grievance, the Association shall determine whether the grievance is valid
and notify the Chief of Police in writing pursuant to Step 2. The Association shall judge each grievance in
a fair and equitable manner and shall not discriminate against employees who are not Association
members. In its sole discretion, the Association shall determine whether the grievance is valid or not. The
Association may modify, revise, or amend the grievance if necessary to properly place the dispute in issue
for resolution. Only the Association has standing to initiate or pursue a grievance under the terms of this
Agreement, after consideration of an alleged grievance by a bargaining unit member or the Association.
Step 2. Chief of Police Review. If the grievance is approved by the Association, the Association
shall pursue the grievance to Step 2 with the Chief of Police on the Grievance Form (Appendix "C"). The
written grievance at this step and at all steps thereafter shall contain the following information: {1) a
statement of the grievance setting out the specific provision of this agreement to be interpreted, applied or
enforced and the facts upon which it is based; (2) how the facts result in a violation of the agreement; (3)
the remedy or adjustment sought including a clear statement of the proper interpretation, application or
enforcement of this agreement; and (4) the signature of the aggrieved employee. The Chief of Police shall
respond in writing to this grievance within 60-calendar days of its receipt. The written response at this step,
18
and management responses at all steps thereafter, shall contain the following information: (1) an
affirmation or denial of the facts upon which the grievance is based; (2) an analysis of the alleged violation
of the agreement; (3) the remedy or adjustment, if any, to be made; (4) the signature of the appropriate
management representative.
The Chief of Police, or designee shall hand deliver a copy of the response to the Association. If the Chief
of Police does not respond within GO-calendar days, the grievance shall be deemed denied and t11e
Association 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 3. Ci Mana er Review. The Association may submit a written grievance from Step 2 to the
City Manager within 30-calendar days of receiving the Chief of Police's written response. The City
Manager shall respond in writing to this grievance within 30-calendar days of its receipt. If the City
Manager 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 City Manager to resolve the
grievance in writing or to submit to arbitration at the conclusion of Step 3 shall be the conclusion of the
grievance.
Step 4. Arbitration. The Association may request, within 30-calendar days of the denial at Step 3,
that the grievance be submitted to arbitration.
If arbitration is requested by the Association, the parties may mutually agree to use the Federal
Mediation and Conciliation Service (FMCS), or any other person mutually agreeable to the. parties. If the
parties cannot mutually agree, a list of seven (7) qualified neutrals who are members of the National
Academy of Arbitrators shall be requested from the American Arbitration Association {AAA). The
Director of Human Resources, or designee, shall mare coirtact with the service selected to request a list of
qualified neutrals. Within 7-calendar days after receipt of the list, the Director of Human Resources, or
designee shall contact the President of the Association or his/her designee in order for the Association and
the City to alternately strike the names on the list, and the remaining name shall be the arbitrator. The City
and the Association shall alternate as to which party strikes first on each list.
The hearing on the grievance shall be infor<na] and the rules of evidence shall not apply. The
arbitrator shall not have the power to add to, subtract from or modify, the provisions of this agreement in
arriving at a decision on the issue or issues presented; and shall confine his/her decision solely to the
precise issue submitted for arbitration, and shall have no authority to determine any other issues not
directly presented in the grievance. The decision of the arbitrator shall be final and binding upon the
aggrieved employee, the Association and the City.
The lasing party shall pay all the fees and expenses of the arbitra#or. The arbitrator shall designate the
losing party for purposes of this paragraph, and may find that both parties lost in part and apportion fees
and expenses accordingly.
Each party shall pay the subpoena fee of their own non-city employee witnesses.
E. Whistleblower Claims. The submission shall state specifically each law, which is or was
believed to have been violated and the factual basis far 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
19
reported. The grievance shall be ftled at Step 2 (Chief of Police) and proceed through the steps in this
process, provided however, that if the Chief is implicated in any of the reports the Chief shall not be
included in the steps, other than Step 4, of the grievance process. In that instance, the City Manager shall
designate the alternate step.
ARTICLE 9 -HOURS OF WORK
A. Workweek. 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 Iongevity only, in accordance with
historical payroll practice, and does not have any statutorily derived meaning. A meal break may be taken
doting-the shift scheduled i1t_-compliattce -witlt tl~e rues and regulations-...of__fhe department:
Notwithstanding any other provision in this agreement, the City shall be entitled to implement and qualify
for meal time credit under the provisions of Section 142.0015(1), Local Government Code and 29 C.F.R.
553.223 and 785.] 9. Any work required in holdover from a shift shall not be compensable 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. Overtime. Overtime shall be defined as authorized work performed in excess of the regular
workweek. Where overtime occurs as a result of shift assignment change all employees excluding those
serving at the rank of Police Commander or above may elect to be paid straight time for the time worked or
an equal amount of compensatory time. Where the employee elects to be paid, calculation for pay shall be
made during the pay period in which the overtime was accrued. 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 far straight and overtime pay. Cn any enforcement
action under federal or State law, the City shall be entitled to credit far all payments made under this
contract which exceed the statutory pay obligations, including but not limited to the foregoing "productive
time" provision, irrespective of the pay period or pay cycle when such occurred. The City shall also be
entitled to the full extent of the partial exemption under 29 U.S.C. 207 {k} in any such enforcement action.
Should any court rule or hold that the City is not entitled to the full credit provided herein, the City may
reopen negotiations during the term of this contract to address any issue necessary as a result of such
ruling, and the duty of each party to bargain under Chapter I 74 shall apply. Except as provided below, all
employees, excluding those serving at the rank of Police Commander or Assistant Police Chief, may elect
to be compensated for overtime either in cash at the rata of 1-112 times the employee's regular rate of pay,
or in compensatory time equal to 1-I12 times the actual hours of overtime worked for all other overtime
worked. Overtime worked for which the City will be reimbursed for overtime by Federal or State Grants
that restrict compensation for such overtime to cash only will be compensated in cash only. In addition to
tl~e above, the City and Offtcers will recognize and comply with ail limits placed on overtime by the
Federal and/or State Grants. Offcers shall be notified prior to accepting such an assignment that the
payment for overtime shall be in cash only and not compensatory time. Scheduling of compensatory time
shall be at the discretion of the Chief.
Effective upon adoption of this Agreement, in the event of separation in good standing, the City shall
pay accrued compensatory time not to exceed 360-hours at the employee's regular rate of pay. Effective
August 1, 2011, in the event of separation in good standing, the City shall pay accrued compensatory time
not to exceed 480-hours at the employee's regular rate of pay.
Effective upon execution of this Agreement not more than 360-hours of compensatory time may be
accrued. Effective August 1, 2011 not more than 480-hours of compensatory time may be accrued.
20
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 1-112 times the- regular rate
of pay will be paid for work performed on any other holiday listed in Article 1 1.
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.
When ordered by the Chief to work during an emergency or assigned to same duty not normally
attendant to their supervisory and management responsibility of their job assignment or division,
Commanders shall be compensated at the rate of 1-112 times and may be compensated in cash or
compensatory time, for those hours worked over and above the regular 40-hour workweek.
C. Court Time and Call Back.
1. Employees while off duty who are called back to duty or subpoenaed to give testimony in court
about events arising out of their employment shall be compensated at the rate of 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 employment shall be compensated during the first S-hours of testimony for the employee's vacation
time in that workweek as well as compensated for actual hours worked at the rate of i-112 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 nn 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/her regular rate of pay.
4. The Association and the City shall work together in the Labor-Management Relations
Committee in an effort to minimize unnecessary standby time.
5. Restricted on-call compensation. Off-duty employees who are ordered by the Chief to be on
restricted on-call duty shall be compensated at a rate of $i.00 per hour while assigned to such on-call duty.
On-tali duty restrictions shall be determined by departmental policy.
D. Deferred Com ensation for Overtime. The City shall establish a policy under which officers
who participate in a deferred compensation plan which has been approved by the City shall be eligible to
defer all accrued overtime in increments of one hour or more into their deferred compensation plan. The
policy shall require prior designation by the employee of the election to participate for a period of at least
six months. All overtime deferred under such policy shall be deposited directly to the ofFtcer'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.
2I
ARTICLE 10 -SALARY AND BENEFITS
A. Monthly Salary Schedule
Effective August 1, 2010 {FY 2011}
Class Class Title St_-_arting 6-mo 18-mo 30-mo 42-ma 60-mo 120-
-Gode .__ - ___ _ _ - __-__- ---- -- . _. ... _ --- -- . __ .. _ _ - - - .. _._._ . _. _ .__ _mo
PO8 Trainee 3,213
PO7 Police
Officer 3,733 3,919 4,123 4,339 4,558
PO6 Senior
Officer 4,787 5,021 5,272 5,536
POS Lieutenant 5,674 5,816 5,961 6,113 6,419
CIass Class Title Startin 9-mo 18-mo 36-mo 60-mo
Code
PO4 Captain 6,547 6,678 6,750 6,849 6,920
Effective August 1, 2012 (4%) {FY 2013)
Class
Code Class Title Starting 6-mo 18-mo 30-mo 42-mo 60-mo 120-
mo
PO8 Trainee 3,342
PO7 Police
Officer 3,882 4,076 4,288 4,513 4,740
PO6 Senior
Off cer 4,978 5,222 5,4$3 5,757
POS Lieutenant 5,901 6,049 6,199 6,35$ 6,676
Class
Code Class Title Starting 9-mo 18-mo 36-mo 60-mo
PO4 Ca tain 6,809 6,945 7,020 7,123 7,197
Effective August 1, 2007, (except as provided in the following paragraph) the parties hereto agree that a
"market approach" shall be used to determine wage levels for members of the bargaining unit. In
implementing this approach, the parties agree to compare wage rates with Police Officers in the 24 other
Texas cities, as listed in "Form-1 " in Appendix "E".
Due to budgetary constraints, in FY 2011 (August 1, 2010 to July 31, 2011) and FY 2012 {August 1, 2011 to
July 31, 2012) the parties agree that a "Market Approach" shall not be used to determine wage levels foe
22
members of the bargaining unit. There will be no wage level increases during FY 2011 (August 1, 2010 to
July 31, 201 ]}and FY 2012 (August 1, 2011 to July 31, 2012}. Far FY 2013 {August 1, 2012 to July 31,
2013] officers shall receive a four percent (4%} increase to base pay effective August 1, 2012.
The parties agree that pursuant to the following methodology, the City shall raise Police Officers base pay on
August 1, 2013, and August 1, 2014 to bring Police Officers total pay to ratio of the "average" totals afthe 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:
Step One -Complete Form-2 in Appendix "D" for each of the 24 cities and Carpus Christi. The
-- --appl-icable--pa~leuel--to--be-used--includes all -steps-and--ranks-below-the first -line supervisor--that a-good- - - ---
employee could reasonably expect to achieve, e.g. Amarillo Corporal, Corpus Christi Senior Officer, Dallas
Senior Corporal, EI Paso Senior Officer, Houston Se~~iar Officer, and Lubbock Corporal.
Longevity pay means any pay in addition to base pay that is based on length of service, e.g. "Stability
Fay," "Seniority Pay," "Longevity Pay."
• Shift pay is the total amount of shift pay available during a 24 hour day, divided by three, e.g. 2%
evening and 4% nights would yield 6% during 24 hours. The afnount to be included would be 2%.
• Uniform allowance is the annual amount paid for uniform and maintenance. If the uniforms are
provided, $600 will be used as the value. For the purpose of determining the amount to be used in
calculating "uniform allowance" (in the index} the actual average of the total paid for clothing
allowance, uniform maintenance and patrol pay shall be divided by the total number of officers that
receive these pays.
• Patrol pay is ati annual amount paid to officers assigned to a patrol division and is comparable to the
patrol pay described in Article 10.
• Bachelor's Degree means a four year degree from an accredited college or university.
• Master Peace OfJIcers Certificate means the premium paid for having Master Peace Officers
Certificate from TCLEOSE. If the bachelor and TCLEOSE premiums are offered on either/or basis
the highest amount will be used.
The measurement amount far each item and year will be the maximum rate paid during the year, e.g. if there
is an increase at mid-year, the higher amount paid after the increase would be used for the entire year. All
measurements assume that an employee meets or exceeds the requirements for merit increases and
advancements. This step produces a number far each city and for Corpus Christi which is a composite average
of base pay and the five additional pay components, over thirty years.
Step Two -The 30 year average amounts for each department will be moved to Form-1. The
combined "composite average" of the 24 cities will be compared to Corpus Christi's "composite average."
Corpus Christi's base pay will be raised by an across-the-board percentage that increases Corpus Christi's
total compensation as follows, and as compared to the average of the other 24 cities. All ranks and steps will
receive the same percentage increase.
For FY 2014 (Augus# ], 2013 to July 31, 2014} and FY 2015 (August 1, 2014 to July 31, 2015}, if Corpus
Christi's "composite average" (as defined above in Step One) is less than 9$% of the "composite average"
23
of the other 24 cities, the following formula will be calculated to determine the rate of increase to Corpus
Christi's base pay.
• 101 % of the composite average of the 24 cities Tess Corpus Christi's composite average is used to
determine the difference. Divide this difference by Corpus Christi's composite average. This
percentage determines the rate of increase to Corpus Christi's base pay.
if Corpus Christi's "composite average" (as defined above in Step One) is 98% or more of the "composite
average" of the other 24 cities, the following formula will be calculated to determine the rate of increase to
Corpus Christi's base pay.
• 100% of the composite average of the 24 cities less Corpus Christi's composite average is used to
determine the difference. Divide this difference by Carpus Christi's composite average. This
percentage determines the rate of increase to Corpus Christi's base pay.
Notwithstanding the above formula, the parties agree to place a maximum cap on the percentage
increase that the City will have to pay in FY 2014 (August 1, 2013 to July 31, 2014) and FY 2015 (August 1,
2014 to July 31, 2015), to no greater than a four percent (4%) increase to base pay. 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 later 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 firm, the parties agree to retain PoliceFay.Net to complete the index by April 15. The parties
shall equally share in the casts of the calculation of the index.
Both parties recognize t13at 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
Approach." 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, 2015 for the purposes of educating the parties during
negotiations, unless the parties agree in writing to defer the calculation.
Qualiircations•
I. Senior Officer. To qualify for a pay step at 60-months of service as a Set~ior Officer, each
Senior Officer must possess an Advanced Certificate from TCLE05E or a bachelor's degree from an
accredited college or university. To qualify far a pay step at 120-months of service as a Senior Officer,
each Senior Dfficer must possess either a Master Peace Officer's Certificate from TCLEOSE ar a
bachelor's degree from an accredited college or university.
2. Lieutenant. 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. Cf 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 ] 80-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
24
to any person without a bachelor's degree thereafter. To the extent that any provision of this article
conflicts with or changes Chapter 143 or any other statute, executive order, local ordinance or rule, this
agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas Local Gover~rnent
Code.
3. Captain. 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.
Cf a Captain is denied a step increase for unsatisfactory performance, he/she or she will be re-
evaluated each six months after the date of the initial review until he/she 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 be 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 Carpus Christi may, if sufficient
funds are provided in the budget, provide for annual bonuses to be paid to Captains, based on his or het
performance. No bonuses are promised or guaranteed.
B. Health_Care Plan and Life Premiums.
I. Health Care Plan: The City shall provide health care coverage for Police Officers and their
dependents. The plan(s) will be called Public Safety Citicare.
The City shall pay 100°/a of the employee's premiums and 50% of the premium for dependent coverage
towards the Public Safety Citicare Plan. Premium rates shall be determined using the agreed methodology
described in this Agreement. ]n the event alternate plans are iirtroduced In the future, the dollar amount of
City contribution will always be based upon the outcome of this provision toward all plans and employee
tiers of coverage unless otherwise agreed upon by the Association.
The City agrees to provide the Association and/or its consultant(s) information used by the City to
determine premiums {with the exception of information subject to privacy limitations under the state or
federal law, including HIPPAA, unless proper agreements or authorizations have been executed).
The City will notify the Association, in advance, of any Employee Insurance Advisory Committee
meetings. The Association will be allowed to have representation on the Employee Insurance Advisory
25
Committee, and on any committees formed to evaluate proposals in response to Requests far Proposals
related to negotiated benefits of the bargaining unit.
The City shall notify the Association in writing of premium increases with a minimum of sixty (60}
calendar days notice of any change, and of health plan changes with a minimum of thirty (30) days notice
of any change.
The City retains the right to negotiate with insurance carriers, third party administrators and their related
sub-contractors and/or medical providers to provide insurance coverage andlor administration of the Public
Safety Citicare Plan(s).
The beneftts in the plan that will be negotiated will be hospitalization deductibles, maximum out of pocket
amounts, co-pays and co-insura~~ce percentages.
Participating Provider Service Areas shall always include the following areas: Corpus Christi and the
surrounding area, South Texas, Dallas/Fort Worth, Houston, San Antonio, Laredo and Austin.
Out of Network is the use of any hospital, physician or other health care facility or professional that has not
signed an agreement with the City's preferred provider network.
In the event a covered member does not live or work in an area with in-network providers, and in cases of
emergency care, services provided outside the participating provider service areas will be provided at the
in-network level of benefts.
The City will fulfill its obligations to conduct a bi-annual actuarial study of the GASB liability and adjust
the cumulative recorded OPEB liability accordingly.
Plan changes mandated by federal health care legislation will be implemented as required. The
Association will be notifed of such changes.
The following components will be used to calculate the premiums for active employees and retirees under
age 65:
1. Third Party Administrator (TPA} administrative fees
2. Stop loss premiums
3. Incurred and paid medical and prescription drug claims (after stop loss adjustments, rebates,
subrogation recoveries, coordination of benefit recoveries) of all plan participants (active
employees, retirees, and participating dependents}, with allowance for adjustment based upon
expected benefit plan, enrollment or other changes. The base time frame for this data will be
based upon a consecutive seventeen (17) month time period ending seven (7} months prior to the
effective date of such rate and benefit changes. The resulting net claim factors will be converted
to a twelve (12} month equivalent for purposes of establishing the base claims factor to be used in
the calculation to determine contributions.
4. A prorated contribution toward the cost of an onsite primary care clinic (the percentage of
members covered under the Public Safety Plans divided by the total covered members under the
City's health plans who are eligible to use the clinic times the estimated annual cost of the clinic).
2b
5. Incurred But Not Reported (IBNR) claims, as actuarially determined.
6. The net change in forecasted and prior period catastrophic reserve funding (]0% of actuarial
projected claims expense}.
7. Assumptions for inflation and trend components used to estimate future claims will incorporate
prevailing plan specific, regional, and national trends, as well as the anticipated impact of any
mandated benefits, and any other factor(s) determined to impact the overall trend. Actuarial input
from both parties will agree upon the factor(s) applied in accordance with professional, ethical
and generally accepted practices. If agreement is not reached, within two (2) weeks after the
- ----- ----actuary-r-eport-is-provided--to--the-Association, the Cifiy wiIi implement-the--recommendation of its - - -
Actuary. The City must notify the Association in writing of its intent to implement its actuarial
recommendation. The Association has seven (7) calendar days from receipt of that notice to
appeal in writing to the City Manager and request the dispute resolution process outlined below.
Each party's actuary shall mutually agree within seven (7) calendar days upon a third neutral
actuary. The parties shall submit position papers within fourteen (14} calendar days from the date
of his/her selection. A decision in writing by the neutral actuary as to the factors applied to
determine the contribution requirements for active employees and retirees under age b5 shall be
delivered to the parties within seven (7) calendar days and shall be binding on all parties. Each
party shall pay the total fees and expenses of their own actuary and each shall pay half of the fees
and expenses of the neutral actuary.
8. The cumulative net fund balance.
a. The initial fund balance to be used for the first measurement period will be the actual Public
Safety Fund Balance, but not be less than $4,000,588.22. Net fund balances for the plan (the
difference between the total fund balance and the OPEB liability) will carry forward
throughout this Agreement. The balance allocated for OPEB liability on July 3I, 2009 is
agreed to be $2, i 52,317.00.
b. In the event that the net fund balance becomes less than 30% of the forecasted plan expenses
{excluding the amount allocated to IBNR and catastrophic reserves) the Association and the
City will take action through either plan design changes or funding amounts to maintain a
minimum fund balance of 30% of the forecasted plan expenses {excluding the amount
allocated to IBNR and catastrophic reserves). The City and the Association will not be
obligated to agree but reserves the right to agree to an increase in the funding or a change in
benefits if the minimum fund balance is projected to be higher than 30% of the forecasted
plan expenses {excluding the amount allocated to IBNR and catastrophic reserves} in order to
mitigate future changes to the plan.
a. The plan shall be structured as follows and will remain in place until the provisions of the Public
Safety Citicare, as identified in subsection b, becomes effective:
27
PUBLIC SAFETY CITICAI2E
(Throueh December 31.201 ~~
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 $15 Co-Pay 80120% 70130%
(Out-Patient, ER Reimbursement Reimbursement
Visit and
Second Opinions}
Physician Services One time $15 Co-Pay 80120% 70130%
(In-Patient) first visit per Doctor Reimbursement Reimbursement
Laboratory Services $10 Co-Pay 80120% 70/30%
(Physicians Office Reimbursement Reimbursement
& Lab.. Facilities)
X-Rays $I O Co-Pay 80120% 70130%
Physician's Office: $15 Co-Pay Reimbursement Reimbursement
X-Rays Facilities:
Emergency Room $50 Co-Pay 80120% 70130%
Services Then Reimbursement Reimbursement
80/20%
Reimbursement
Prescriptions Co-Pays: No Deductible No Deductible
$5 Generic 80120% 70130% `
$20 Brand Reimbursement Reimbursement
Hospitalization $200 Deductible 80120% 70130%
{In-Patient) $600 Max. Family Reimbursement Reimbursement
Then
85/15%
Reimbursement
28
Hospitalization $100 Deductible 80120% 70130%
{Out-Patient) $250 Max. Family Reimbursement Reimbursement
Then
85115%
Reimbursement
Out-of-Pocket Cost $500 Per lndividual $700 Per lndividual $700 Per Individual
(Excluding Co-Pays $],250 Max_Family $1,750
Max. Family $1,750
Max_Family
____
&Deductibles) _
_ _
_
__ _
-- ---- - __
_
__ __
Lifetime Maximum Beneft = $2 000 000
* employees and dependents covered by the Public Safety Citicare will be excluded from the drug
formulary.
** Emergency Room Services. Will increase to $50.00 Ca-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
maximum deductible and 80%120% for special services or $200.00 deductible/ $500.00 family maximum
deductible and 70%130% for out of network. When an 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 due 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.
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%120%, deductibles shall
be $100.00 per each covered individual, $34D.00 family maximum, and out-of-pocket shall be $480.00 per
each-covered individual until the number of hospitals is at least two.
29
Should the number of total physicians in the network fall below 300 far more than 90- consecutive
days, the reimbursement percentage for out-of-network physician services, laboratory services and x-rays
shall be 80%120%, the deductible shall be $100.00 per each covered individual, $300A0 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 fal] below 2 for more than 90-
consecutive days, the health care plan (PIan II) in effect prior to adoption of this agreement shalt be
reinstated, unless the Association informs the City within 30-calendar days of their decision to remain
-wavered by th~l?ubli~Safe~-y-Citicare-Plan.- T-h~ C-ity-shall-have 30-calendar-days-to-reinstate-Ilan-Il~fter-- -----
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 shaft be reimbursed at
80%120%, 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 network physicians in that
specialty increases to at least 50% of the number who were in the network in that specialty on March I,
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.
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.
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 Public Safety
C iticare.
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 11) in effect prior to adoption of this agreement shall be incorporated
into the out-of-network portion of the Public Safety Citicare Health PIan unless changed by this agreement.
The purpose of premiums is to generate revenues to cover claim costs. Co-pays are not intended to
generate revenues.
b. The benefits described in Subsection (a.) will be replaced by the plan described below effective
January 1, 2011,
30
PUBLIC SAFETY CITICARE
BENEFITS: IN NETWORK OUT-OF-NETWORK
(Participating Providers)
Plan Year Deductible No Plan Year Deductible $20.0 Per Individual
$500 Max. Family
Physician Services $15 Co-Pay 70130%
Inpatient Coinsurance
Out-Patient
Emergency Room
Laboratory Services
Physicians Off ce $10 Co-Pay 70130%
Lab. Facilities Coinsurance
Has itals
X-Rays
Physician's Office $10 Co-Pay 70130°/0
X-Rays Facilities $1S Co-Pay Coinsurance
Emergency Room Services $50 Co-Pay 70130%
Then Coinsurance
80120% Coinsurance
Hospitalization $200 Per lndividual 70130% Coinsurance
In-Patient $600 Max. Family Deductible
Then
8511 S% Coinsurance
Hospitalization $100 Deductible Per Individual 70130% Coinsurance
Out-Patient $250 Max. Family Deductible
Then
85115% Coinsurance
Retail Prescriptions Co-Pays: No Deductible
$0 Generic 70130% Coinsurance
$20 Preferred Brand
$40 Non-Preferred Brand
Prescriptions Co-Pays: No Deductible
Mandatory Mail Order $0 Generic 70/30% Coinsurance
90 Day Supply of $20 Preferred Brand
Maintenance Prescriptions $40 Non-Preferred Brand
Out-of-Focket Cost $S00 Per Individual $700 Per Individual
Excluding Co-Pays & $1,250 Max. Family $1,750 Max. Family
Deductibles
3]
Lifetime Maximum Benefit = 2 000 000 unless otherwise re uired b Eaw.
c. Public Safety Citicare CDHP (Consumer Driven Health Plan} with Health Savings Account
The parties have agreed upon a Consumer Driven Health Plan (CDHP) with a Health Savings Account
{HSA) to be implemented no later than August 1, 2012.
This plan will be offered concurrently with the plan described in section (b}, with employees having the
option to participate in either plan. Election of the Public Safety Citicare CDHP with HSA can only be
..__.._~nade._at._the ime.ofhire_or_during_the.open_enrai.lment-.period. - _ ------- __~..._._ __..__.....__----- _ ___-..-----
The plan design will be:
BENEFITS IN NETWORK OUT OF NETWORK
(Participating Providers}
Plan Year Deductible $2,500 Per Individual $3,400 Per Individual
Embedded $5,000 Per Family $6,800 Max. Family
Physician Services Subject to deductible and then 70130% Coinsurance
In-Patient 100% coverage
Out-Patient
Emergency Room
Lab Work Subject to deductible and then 70130% Coinsurance
Physician's Office 100% coverage
Lab Facilities
Hospitals
X-Rays Subject to deductible and then 70130°/fl Coinsurance
Physician's Office 100% coverage
X-Ray Facilities
Emergency Room Services Subject to deductible and then 70130% Coinsurance
100% coverage
Hospitalization Subject to deductible and then 70/30% Coinsurance
In-Patient 100% coverage
Hospitalization Subject to deductible and then 70130% Coinsurance
Out-Patient 100% coverage
32
Retail Prescriptions Co-Pays 70130°/a Coinsurance
(will only apply to eligible
preventive care drugs, all other .
drugs are subject to the deductible):
$0 Generic
$20 Preferred Brand
$40 Nan-Preferred Brand
Mandatory Mail Order Co-Pays 70130% Coinsurance
(90 day and Maintenance) (will only apply to eligible
preventive care drugs, all other
drugs are subject to the deductible):
$0 Generic
$20 Preferred Brand
$40Non-Preferred Brand
Out-Of-Focket Cost $0 Per Individual $2,000 Per Individual
{Excluding Co-Pays & $0 Max Family $4,000 Max Family
Deductibles}
Lifetime Maximum Benefit = $2,000,000, unless otherwise required by law.
All in-network co-pays count toward the annual (embedded} deductibles. Eligible in-network preventive
drug expenses are not subject to the deductible.
The City will contribute no less then $75 per month into an HSA account far each eligible employee
participating in the CDHP Plan. The CDHP Plan will price overall funding contributions at a factor of
0.77 times the funding rates for the Public Safety Citicare Plan. Following the first plan year anniversary
after the imiplementation of the CDHP Plan, the actual amount of the City's contribution into the HSA
account will be 0.75 times the difference between the Public Safety Citicare Plan total employee only rate
and the rate charged far the Public Safety CDHP Plan (HSA). In the event the CDHP Plan benefts or
rates are adjusted any revisions to the benefits will be incorporated into the pricing differential between the
CDHF and the offered Public Safety Citicare Plan and the contributions made toward the HSA account
will continue as described in this Agreement. As a health plan expense, funds for the HSA contribution
will be allocated to the health plan fund, as aIi other related contributions, and then disbursed to individual
HSA accounts.
d. Provisions Applying to All Offered Plans as of January 1, 2011.
HPV vaccinations up to age 25 will be covered at 100% up to a $500 annual maximum benefit and not
subject to any co-pay or cost sharing provision.
The routine mammography benefit will have a per procedure maximum benefit of $l 50 not subject to any
co-pay ar cost sharing provision.
33
Benefits for Hospice Care, both facility and home based care, will be covered as any other illness,
maximum of ninety {90} days coverage par lifetime.
Benefits far Hame Health Cara and Skilled Nursing Facility Care will be covered as any other illness,
maximum of ninety (90) days coverage per plan year.
2. Retiree Health Insurance Coverage. );mployees who retire under the conditions of regular
TMRS retirement, and their participating dependants covered on the last day of employment, shall be
eligible to continue participation in the City's group health insurance program at monthly premiums subject
to periodic changes in rates as required. The total cost of such continued coverage shall be paid entirely by
- - -the-employee--and/or spouse. -The spouse'-s -rights--shall-continue-after-the employee''-s-death; but shall- - -
terminate upon divorce. Coverage shall remain in force for the retiree while paid until he or she becomes
eligible for Medicare or reaches age 65 at which time coverage in the Public Safety Citicare PIai~ will
cease. While the retiree remains in the City's group health insurance program or fully insured plan
offerings for Medicare eligible retirees coverage shall remain in force for the spouse while paid until he or
she becomes eligible Far Medicare or roaches age 65 at which time coverage in the Public Safety Citicare
Plan shall cease. Coverage shall remain in farce for the retiree's participating dependent children while
paid until they become ineligible as defined in the plan at which time coverage in the Public Safety
Citicare PIan shall cease. Medicare eligible retirees and their Medicare eligible dependents will be eligible
to. participate in the City's fully insured plan offerings for Medicare eligible retirees.
3. Association Supplemental Insurance Programs. The Association may select and change
any group supplemental insurance coverage for officers and/or dependents in which plan officers may opt
to participate. The City will provide payroll deduction for any officer participating who authorizes same to
cover any additianaI 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, par officer, with dependents
toward any selected plan for such officers provided that a minimum of 75% of offcers with dependents}
opt to participate. Any administration fee surplus account may be used by the Association in any manner
prescribed by its Executive Board of Directors.
4. Life Insurance. The City shall provide basic life insurance coverage for each police
officer, to include Lieutenants, equal to that employee's annual base salary. Captains, Commawiders and
Assistant Chiefs shall be provided basic life insurance coverage equal to their annual base salary ar
$50,000.00 which ever is greater.
C. Field Trainin Officer Pa 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.
D. Education Incentive Pav.
1. No probationary employee will be eligible for educational incentive pay until after he/she has
successfully passed his/her probationary period. Specific hours obtained through participation in the Police
Academy will be considered applicable toward educational incentive pay only after successful completion
of at least one other academic course in the related field on the employee's own time.
2. Educational Incentive Pay will be $1.00 per month for each semester hour satisfactorily
completed provided tl-~at such hours are applicable toward a degree. Also the fallowing monetary caps w1I
34
apply: no mare 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/she may meet this
requirement by filing a copy of hislher certified degree plan with the Director of Human Resources, noting
hislher expressed intent to obtain a Bachelor's Degree. All approved hours above the Associate Degree
will be eligible for educational pay at this rate up to an additional $49.00 per month or a combined total of
$120.00 per month.
Successful completion of the requirements and receipt of a Bachelor's Degree will qualify the
employee for $125.00 par 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. Clathiu and E ui rnent.
1. The City shall pay 100% of the cost to provide every uniformed. employee -with ..all..req.uired
initial clothing items and equipment, excluding shoes. The City shall thereafter replace or repair all said
required clothing items and equipment, which are lost or damaged on the basis of 100% excluding shoes.
A clothing allowance of $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 untit their next lump sum
payment is made under the new increased rate. The porkies agree that the allowances provided herein
reasonably approximate the amount of the expenses incurred periodically by the ofEcers.
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/she 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 hislher final paycheck. For each year thereafter, the City will pay up to
$900.00 for replacement casts for those persons so authorized.
2. A uniform cleaning allowance of $60 per month shall be provided to each officer of the
department for tl~e purpose of uniform and clothing cleaning and maintenance.
F. Pensions. The City will enroll employees in the Texas Municipal Retirement System and
provide the following benefts under the plan.
1. Employee Deposit Rate of b%
2. Municipal Current Matching Ratio 2 to 1
3. Updated Service Credits
4. Annuity Increase 70% of CPI
S. Military Service Credit
6. Vesting Requirement 5 years
7. Service Retirement Eligibilities S years at Age 60, 20 years at Any Age
8. Restricted Prior Service Credit
The City and the Association agree to discuss jointly seeking legislative amendments to the Texas
Municipal Retirement System during the 2011 session of the Texas Legislature.
35
G. Deferred Com ensation Plan.
Officers may participate in the deferred compensation. plan, adopted by the City Council on December
$, 2009.
The City will notify the Association, in advance, of any Deferred Compensation Plan Committee
meetings. The Association will be allowed to have representation on the Deferred Compensation Plan
Committee, and on any committees formed to evaluate proposals in response to Requests for Proposals
related to the deferred compensation plan.
The City and the Association agree that the deferred compensation plan selected by the Corpus Christi
Police Officers' Association and offered through VALIC (The Variable Life Insurance Company) will be
closed to new participants effective upon the execution of this Agreement.
H. Classifications Compensated Under the Citv's Classification and Comuensation Plan. The
positions of Assistant Police Chief and Police Commander shall be compensated at salary levels set forth
within the City's Classification and Compensation Plan consistent with the provisions provided under
City's Personnel Ordinance.
Individual salary increases based on merit, performance or other, as authorized by compensation
ordinance shall be permitted for these classifications, Chapter 143 notwithstanding. As to Assistant Chiefs
and Commanders, all officers in the same classification are not entitled to the same base salary; this
provision specifically supersedes Section 143.041.
I. Termination Pav. Upon termination, sick leave shall be paid to police officers according to the
fallowing 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: nat more than 320-hours
(d) 6 full years of service: not more than 400-hours
(e) 7 full years of service: not mare than 480-fours
(fj 8 full years of service: not more than 560-hours
(g) 9 full years of service: not snore than 640-hours
(h) I O or more full years of service: not mare than 720-hours
{i) 20 or mare full years of service: not more than 960-hours
(j) 25 or more full years of service: not more than 1,440-hours
1. Effective upon execution of the Agreement, the first 720 hours of such sick leave credit shall be
paid at the rate of pay determined in accordance with the statutory calculation under Section
143.045. The remaining balance, if any, shall be paid at the rate of pay including only base pay
plus longevity.
2. Effective upon adoption of this Agreement, in the event of separation in good standing, the City
shall pay accrued compensatory time not to exceed 360 hours at the employee's regular rate of
pay. Effective August 1, 2011, in the event of separation in good standing, the City shall pay
accrued compensatory time not to exceed 4$0 hours at the employee's regular rate of pay,
36
J. Lon evi Pa .Longevity pay shall be $6A0 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.
K. Bomb Squad Pav. Employees assigned to the bomb squad shall receive extra pay for such -
hazardous duty in the amount of $75.00 per month.
L. Breathal zer Certification Pa . All employees currently certified as Breathalyzer operators
shall receive extra pay in the amount of $30.00 per month.
- M.--Weekend-Pav.---I/aeh--ofhcer--who-reports to work for a-shift,--which-commences,-between - - -
10:00 p.m. on Friday and 9:59 p.m. on Saturday shall receive $50.00 per month; each officer who reports
to work for a shift which commences between 10:00 p.m. on Saturday and 9:59 p.m. on Sunday shall
receive $50.00 per month.
N. Shift Differential Pa Each officer who reports to work for his/her regularly scheduled shift
which ends between 6:00 p.m. and 12:00 Midnight shall receive $50.00 per month; each officer who
reports to work far hislher regularly scheduled shift which ends between 12:01 a.m. and 5:00 a.m. shall
receive $75.00 per month.
O. Shift Chanses. lf, as the result of a change in shift or assignment, any officer loses Weekend
and/or Shift Differential Pay, which helshe was receiving prior to such change, the loss of such additional
pay shall not be grievanle under the grievance procedure established in this contract.
P. Doi Handler Pav. 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 offcer so desires. The City shall have no further obligation for the care,
maintenance and support of the police dog.
Q. SWAT Team Pa . 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 $75A0 per month.
R. Hostage Negotiation TeaEn Pav. 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.
S. Dive 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.
T. Ba___ dges. 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.
U. Patrol Pav. Effective no later than the first full pay period after August 1, 2013, and the first
full pay period after August 1 thereafter each officer, regardless of rank, assigned to Patrol shifts A-Z;
37
Directed Patrol Officers; Uniform Gang Unit; Enduro Unit; Uniform Dog Handler; Uniform Bomb Tech;
and Traffic or their successors will receive a lump sum payment equal to $42.00 per month far each month
served during the preceding fiscal year; not to exceed $504.00. Officers transferred to ar from a division
receiving clothing allowance will not be eligible to receive more than a combined total of $900.00 in patrol
pay and clothing allowance for any fiscal year.
ARTICLE 11 -LEAVE
A. Holidays
-._. ._._ - ----------1 ~ - Eaeh-employee-shall-reeeive-the-following 7-holidays-during each fiscal-year: --- -- _. -- - --- --- -
New Year's Day Thanks wing Day
Memorial Day Christmas Day
Fourth af,lul One holiday to be determined b Ci
Labor Da
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 fails.
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/she shall be paid only at his/her regular rate of pay.
5. Police officers shall be credited with 8-hours if employee is assigned to an S-hour shift or
0-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.
1. Folice 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`x' 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 215` 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 26`x' 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.
2. When the City schedules vacations, employees shall be given preference as to vacation
selection on the basis of seniority by work unit to the extent that such scheduling will not interfere with
City operations. Work units shall be defined by the City.
38
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, shah be
allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement,
resignation or termination the employee shall not be paid far 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.
(1~or 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-pay-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 ofpersonal 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/her
attendance far a period of training ar other active duty as a member of the United States Armed Forces, the
Texas State Reserve Corps, or the Texas State Guard shall be entitled to military leave with pay far a
period or periods not exceeding a total of 120-hours in any ane calendar year. Any permanent employee
who leaves his/her position far 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 llnited States shall, if discharged, separated or released from such
active military service under honorable conditions be restored to employment in accordance with the terms
of the Uniformed Services Employment and Reemployment Rights Act (USERRA}. In order to qualify for
re-employment, the .employee must comply with the requirements of USERRA. The Civil Service
Commission shall adopt a promotional process in compliance with state and federal law for eligible
officers on active duty military assignment.
Effective with the signing of this agreement officers who were serving on active military duty as members
of the armed forces and who were eligible promotional candidates according to the rules as set out by
USERRA when a department promotional exam was offered, who did not take the exam, may take the next
available promotional exam given for the rank for which they are currently eligible. If the officer's score
would have resulted in a promotion if it had been achieved on the exam(s) missed due to active military
service, the officer must be promoted to the next available vacancy in that rank. Seniority in rank will be
established as of the date the officer would have been promoted, as if he or she had not been on active
military service. The officer will also receive a Lump sum payment in the amount of the difference between
the pay actually received and the promotional rank pay for the period of time since the officer returned to
the Police Department from active duty. This provision is intended to comply with requirements of
USERRA, and to supersede the terms of Section 143.032{b) of the Texas Local Government Code. This
Agreement does not prevent the City from taking steps to comply with USERRA under unique or special
circumstances.
39
E. Special Leave.
1. In addition to leaves authorized above, the Chief may authorize an employee to be
absent without pay for personal reasons far 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 36S-days for the following purposes: Attendance at college, university, or business
school for the purpose of training in subjects relating to the work of the employee and which will benefit
the employee and the City service, serving on a jury or attending a court as a witness; and for purposes
--other-than-the above-that are-deemed-beneficial to the C- ity service. _ . _._....-__ - - -_ -._ ... ------ ---..._.__._.... _ _-
3. The City Council, upon the recommendation of the City Manager, may grant leaves of
absence with or without pay in excess of the limitations above for the purposes of attending extended
courses of training at a recognized university or college and for other purposes that are deemed beneficial
to the City service.
F. Line oi' Du Iu'u 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 far 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. The City Manager shall render a decision an the appeal in writing within i4-calendar days of
receipt of the appeal. The determination of the City Manager shall be final and binding an 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 for work performed in excess of their regularly scheduled duties. Said leave time may be granted at
the discretion of the Chief, subject to scheduling and manpower contingencies that may arise. Said
administrative leave time shall, in no event, exceed that amount of time that Assistant Chiefs and
Commanders have accumulated in excess of their regularly scheduled work.
H. Leave Bu -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 Ieave 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 Ieave sell back on or before December 1 and dune 1 of each year.
1. Sick Leave 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 Ieave pool hours drop below 3,200-hours, 8-hours of sick Ieave 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
Ieave, 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
40
shall be eligible to draw sick leave pool hours until 8-hours of his/her sick leave haurs is credited to the
pool. The following requireme~~ts determine when sick leave pool hours may be drawn:
1. Officers with four (4} years or less service may use pool hours after one hundred twenty (120)
hours of continuous non job related illness or injury. The first one hundred twenty (I20) 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. Ail other officers may use pool hours after one hundred sixty (160) hours of continuous non job
related illness or injury. Provided, however, in addition, before being entitled to use hours, such
an officer must first use all his/Eier accutulated_personal.s.ick_leave_.in_.excess_of_the_amount
payable upon termination
3. No officer shall be permitted to use more than 1,44D pool hours for a single illness or injury.
4. Pool hours may not be used for injuries or illnesses sustained in the line of duty. Injuries or
illnesses sustained in the line of duty shall be compensated entirely under the terms of Article 11
(Section F) of this Agreement relating to "Line of Duty Injury ar Illness."
The number of hours in the pool shall be solely for the benefit of officers with non job related
injuries or physical or mental illnesses (including alcohol or drug related problems) identified by a
medical doctor, and such hours shall not revert to the accumulated sick leave of individual
employees.
6. Pool time may only be used for an illness or injury which is an Officer's non job related injury or
physical or mental illness (including alcohol and drug related problems), identified by a medical
doctor. Incapacities due to elective procedures are not eligible under this program; however,
complications that develop as a result of the elective procedure(s) may be considered eligible.
7. Requests for haurs from the pool should be submitted when the need for assistance is determined.
Hours will not be granted on a retroactive basis.
$. Requests for hours from the pool must:
a. 8e accompanied by a statement from a licensed practitioner that gives the diagnosis,
prognosis, and anticipated return to work date of the Officer.
b. Include a copy of the most current time and leave records information that reflects leave
balances as of the Officer's last day physically on duty and the date the required use of
personal sick leave, as defined in this section, will be or was exhausted.
c. Se submitted on the "Request for Sick Leave Fool Hours" form.
The Chief of Police, ar designee, shall facilitate a committee review of all requests for hours from
the pool. The committee shall include the Chief of Police or designee, the Commander of the
Department's Office of Accountability or designee, and the Association President or designee.
The decision of the committee will be final and cannot be grieved. The Chief of Police or
designee will provide written notification to the employee of the award or denial of pool hours by
the committee.
4~
a. The committee will determine the amount of pool hours to be granted for the request,
based upon the information provided by the Officer. The committee will deny requests for
which the data provided is insufficient and/or does not meet the requirements of this
section.
b. The Chief of Police, or designee, may reconvene the committee for further consideration
should evidence become available that would have affected the outcome of the
committee's decision.
10. If pool hours are used intermittently and an employee accrues vacation and sick leave prior to all
- -------- - ---granted-pool-hours--being-..used,-the--Officer must-use accrued-leave pr-for-ta resuming-userofpool- ------.__
hours. Hours granted under this program do not extend or increase time limits provided under any
other policy (i.e. Limited Duty & Reasonable Accommodation, Family and Medical Leave Act,
etc.)
11. Officers leaving employment with the City are not entitled to payment of unused pool hours.
Additionally, the estate of a deceased Officer is not entitled to payment of unused hours.
12. Documentation provided in association with a request for hours from the pool will be maintained
i~a a confidential manner, as allowed by Iaw.
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 Leave. Upon the employee's request due to the death of an immediate
family member; three (3) duty days of bereavement leave shall be granted. Immediate family members
shall include the employee's parents, spouse, children, brothers, sisters, mother-in-Iaw, father-in-law,
brothers-in-Iaw, and sisters-in-Iaw, employee's or spouse's grandparents and grandchild.
L. Funeral Benefit. The City Manager shall approve up to $16,000 documented funeral
expenses for employees who lose their lives in the course and scope of employment.
ARTJ(CLE 12 -PERSONNEL PRACTICES
A. Interchan cable Use of Police Officers anti 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. Division of Professional Standards
3. Special Services Division
4. Organized Crime Unit, and
5. Training Division
The Chief of Police shall not assign any officer to the position of Field Training Officer who has
less than three (3}years of service.
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-
42
calendar days during a calendar year. This period may be extended for one additional 90-calendar day
period.
B. Disability.
l . 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
- - fall-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/she 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/her accumulated personal sick leave, but shall not be entitled to use or be
compensated for any pool hours.
5. Upon any empIoyee's being absent from duty for 94-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 ernpioyee 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 ar 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 i4-
cafendar 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 Iuvesti~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.
43
D. Civil Service Commission Records. All rules, opinions, directives, decisions, and orders
issued by the Civil Service Commission shall be preserved in written mir~utes. Such actions need not be
copied verbatim in the minutes; it shall be sufficient to accurately summarize such actions. The Chairman
or, in his/her absence, the Vice-Chairman of the Commission shall sign the minutes; the signatures of the
concurring members on any action shall not be required. The Commission may, if it desires, cause any
rules, decisions, directives, or orders to be reduced to writing, apart from the minutes. Al] such written
records of the Commission shall be public records.
E. Notice of Shift Change. The Chief of Police shall post the monthly shift change schedule at
least 48-hours rtor to th
. _~ p _ _ ___e beginning of said_s__hift. change._This requirement shall._y~ot 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 in accordance with its determination of what is in the hest 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 alI employees. The Chief of Police shall make a reasonable
effort to assure that all eligible employees under his/her command are aware of the vacancy and the process
to be used to make the selection. Employees who are interested in a vacant position should contact the
appropriate supervisor in writing. Before the vacancy is filled, employees will be allowed a reasonable
amount of time to apply. Skills, knowledge, abilities, training, previous experience and seniority shall be
among the factors considered in the policy adopted by the Chief of Police. The Chief of Police shall post
the results of his/her decision on the f lling 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 3Q-calendar days of the complaint being filed.
Although not subject to the grievance procedure, should the Association feel that there has been a
misapplication of this provision in regards to the policy or process on shift changes, transfers or job
assignments, the Association may file an informational complaint with the Chief of Police. The Chief of
Police shall meet personally with the Association and respond in writing to all Association informational
complaints within 30-calendar days of the complaint being filed.
F. Wearing of Uniform on Off„Duty_ Security Jnbs. An "off-duty security job" shall be
defined as ofF duty employment, the primary purpose of which is to utilize, or to potentially utilize, the
training and police powers of the Corpus Christi police officer. The Chief may at his/her discretion, require
a police officer working an off-duty security job to wear a police uniform during his/her 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/she would present a danger to the public, the secondary employer,
44
and the efficiency of the Police Department. The criteria that the Chief shall consider in determining
whether or not a danger exists includes:
1. The secondary jab assignment;
2. The officer's personnel evaluations and experience;
3. The officer's prior disciplinary record; and
4. TUe presence or absence of commendations and awards.
G. Entrance Examinations. Entrance examinations may be administered at any time or location
to qualified groups or individual applicants. Names placed on the eligibility list for entrance appointments
shall remain on that list for 365-calendar days from the date of the written examination. The eligibility list
shall exist continually as names are added and deleted. No applicant shall be permitted to take an entrance
exam more than once for an academy class. The oral interview shall be graded and such grade shall be
computed into the final score.
H. 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 Ieast 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 mast 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/her application.
(c) Each applicant must successfully complete entry requirements, including a medical
examination, a physical fitness examination, a written proficiency examination to identify writing skills
and knowledge of Texas law, a background investigation (to include a polygraph), a 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/her sole
discretion, may deny the application of any applicant at any time. Such decision shall not be appealed to
arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this
contract.
(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 eHgibie to take the Senior Police Officer
exam 30-months after appointment. These officers shall be treated as new employees for all other
purposes, including seniority, benefits and eligibility for promotion.
45
(f) 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
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.
I. Reinstatement
The Chief, at hislher sole discretion, may rehire police officers who terminate their employment
with the City of Corpus Christi and request in writing to be reinstated within 1$-months. The rehired
officer shall be required to enter at the rank of police officer regardless of the rank they held when they
terminated their employment. The rehired officer shall be allowed to retain all seniority they held prior to
terminating their employment; however, the rehired officer must wait 18 months to be eligible to take the
senior officer examination. ]f rehired, the officer shall not be required to take the civil service entrance
examination or to re-enter the basic academy. For example, a rehired officer who had five years of
seniority when they terminated their employment would be rehired at PO7 at the 42-month pay step. When
a rehired {reinstated) officer passes the senior officer examination, he or she shall retain ail 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 offcer 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 far 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.
.l. Mandatory Random Drug Testin:~.
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 anon-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.
46
B. "random drug testing" shall mean drug testing of individuals selected by the method described
in the prior paragraph.
C. "reasonable suspicion" shall be defined as a judgment/conclusion that a person is unable to
safely and/or effectively perform their duties due to the suspected influence of drugs, alcohol, or inhalants.
Reasonable suspicion is based on specific, observable facts that an officer may be under the influence of
drugs, alcohol, or inhalants. Reasonable suspicion testing 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,~andat~ry__..random._drug._rest_~esults..._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 AIcohol 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
Department'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 laboratory 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 an the party seeking to have the test results
excluded from the administrative hearing. The City shall use only a SAMHSAICAP FUDTP certified
Iaboratory for mandatory random drug testing and shall require that such laboratory comply with the
requirements of SAMHSAICAP 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 Folice Department ten { 1 D) 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} far
47
the City of Carpus Christi who is a licensed physician and who is certified as a Medical Review Officer by
the American Association of Medical Review Officers.
Nothing in this article shall be construed to abolish the existing authority and practice of the City
to conduct drug test for:
1. Pre-employment
2. Pre-assignment far 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 mandatary
random testing.
K. Layoffs, Recalls and Reductions in Force. Layoffs, recalls and reductions in force shall be
pursuant to Section 143.085.
L. -Temporary Duties in Higher Classification. A Senior Police Officer temporarily
performing the duties of a Lieutenant or a Lieutenant temporarily performing the duties of a Captain shall
not be temporarily appointed or made acting Lieutenant or Captain, but shall be paid for hours worked in
the higher classification pursuant to Chapter 143.038, Texas Local Government Code.
M. Physical Fitness
1. The Chief of Police and the Association may mutually agree in writing to adopt a physical
fitness assessment model, adjusted for age and gender.
2. The City at its sole discretion, may offer incentives, either in pay or leave time, if the
Association mutually agrees in writing.
3. The City agrees to establish a police officer wellness program. This program will also
include distribution of nutrition and fitness information during in-service training.
ARTICLE 13 -PROMOTIONS
A.. Posting and Administration of Pram_ otianal Examinations. A listing of materials from
which promotional examination questions are taken shall be posted annually each .tanuary for examinations
administered 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.
48
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 unfair personal gain or advantage.
With respect to vacancies in the ranks of Lieutenant and Captain, where no current eligibility
raster exists, the City shall have 120-calendar days from the date of vacancy to complete the administration
of written and Assessment Center examinations and past an eligibility roster. The Chief shall have 30-
calendar days from the posting of a Lieutenant or Captain eligibility roster to review the candidates and
select an appointee, even if posting should for some reason occur more than 120-calendar days from the
date of vacancy. For the purposes of this agreement, the term "vacancy" shall occur whenever no person
_._ .__.. _ holds ~he_position ~r_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.
13. Promotional Examination Corrections. The Civil Service Director shall have authority to
recommend to the Civil Service Commission changes to entrance, or promotional examination questions
where clerical errors in compiling the test questions have been discovered or where a question arises as to
general accuracy.
C. Senior Police Officer's Profciency Examination.
Police officers who have 60-months of service in the Corpus Christi Police Department after
commissioning as a police officer and possess either an lntermediate 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 asemi-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 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
April 22, 2003. 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/she was promoted and his/her salary shall be in accordance with said competitive classification with
service time credited as continuous time in that competitive classification and with his/her salary increases
to which he/she would have been automatically entitled had helshe 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.
49
E. AppointEnent of Assistant Chiefs and Commanders. All promotions to the classifications
of Assistant Chief or Police Commander shall be exempt from competitive examinations and instead shall
be made by appointment by the Chief The appointment shall be within the discretion of the Chief,
provided that the Chief shall promote the 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 Chie£ Lieutenants appointed to
Commander after January 30, 2007 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 o#'appointment-by--the Chief-Persons who fail to obtain-the r-equiced-bachelor-'s-degree
shall be removed from the appointed position by the Chief. Captains or Commanders appointed to
Assista~rt 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 months of
appointment by the Chie£ Lieutenants appointed to Assistant Chief after January 30, 2007 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 appointed classification, an
employee shall resume the competitive classification from which he/she was appointed and his/her salary
shall be in accordance with said competitive classification with service time credited as continuous time in
that competitive classification and with ail salary increases to which he/she would have been automatically
entitled had he/she continuously remained in said competitive classification. VHhen an employee is
demoted in rank from. an appointed classification due to a reduction in force, the demoted employee shall
not "bump" another employee who is in a competitive rank.
F. Probationary Period far Lieutenants and Captains. Employees promoted to the rank of
Lieutenant or Captain may be demoted at the discretion of the Chief, without appeal to the Commission at
any time during the 365-calendar day period subsequent to being so promoted. An employee so demoted
shall have no right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion,
and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion
or to alter the terms of such demotion.
G. Fillins 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/her reason for selection or rejection of any of the three (3) persons certified by
the Commission. In the event a person rejected desires to appeal the action of the Police Chief, such appeal
shall be to an arbitrator selected as specified in paragraph F of Article 7, and there shall be no appeal to the
Civil Service Commission. The person rejected who desires to appeal the action of the Police Chief is
charged with the burden of proof of showing that the rejection was for some reason other than the officer's
ability to perform at the higher rank. The arbitrator may overturn the decision of the Chief. The question of
50
rejection on the part of the Police Chief shall be determined by the arbitrator. To the extent this paragraph
alters any provision of Chapter 143, Chapter 143 is so altered, and it is mutually so agreed.
H. Eli ibili for Promotion. The following rank, service, and educational or certification levels shall be
required of all officers participating in the promotional procedure as set forth in this contract.
Current Rank Service Testing
Rank Sou ht Re nirements Re uirement
5 years of service prior to exam and
Police Officer Senior Police possess either an Intermediate certificate Written Proficiency
_---___.__.. ...------.._. Office~._._.__..__ .....or_~Ohours_of-credit.from.an_accredited~_.- .-_--_-- ---Exam
college/university.
2 years of service in rank immediately
Senior Police Lieutenant prior to exam and possess either an Promotional
Officer Intermediate certificate or 60 hours of Exam and
credit from an accredited Assessment Center
colle a/universi
2 years service in rank immediately prior
to exam and a Bachelors Degree from an Promotional
Lieutenant Captain accredited college/university within 4$ Exam and
months of a ointment to Captain. Assessment Center
2 years service in rank immediately prior
to appointment and a Bachelors Degree
Lieutenant Commander from an accredited college/university None
within 48 months of appointment to
Commander.
5 years service in rank immediately prior
to appointment and a Masters Degree
Lieutenant Assistant Chief from an accredited college/university None
within 48 months of appointment to
Assistant Chief.
No minimum service requirement. A
Captain Commander Bachelors Degree from an accredited None
college/univeesity within 4$ months of
a pointment to Commander.
No minimum service requirement. A
Captain or Assistant Chief Masters Degree from an accredited None
Commander college/university within 48 months of
a ointment to Assistant Chief.
I. Promotional Procedures. The promotional examination procedure for the classification of
Lieutenant and Captain shall consist of 2 parts as follows:
1. Written Examination -Shall consist of: Questions relating to the specific duties of the
position to be filled. The written examination shall have no specific failing score but will provide a
ranking of participants from high to low score. In the event that written examination scores are the same,
the earliest time for submitting the examination form to the test administrator far 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
51
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. [f any of the eligible 10 candidates for Captains or the eligible 15
candidates far Lieutenant has an indefinite suspension on appeal the City may add an additional candidate
_,.....___for each such peiidi~7g_appeal._to the Assessment Candidate_Pool_ ..__.._ ,_._ .._
Z. 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,{)00 or more population shall be selected to serve as assessors. Ail Assessors may
be chosen by the Association and must have received authorization to participate by his/13er 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/she 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 helshe 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
helshe excelled in, what areas helshe did poorly in, and what they might do to improve their performance
in the future. The scores of the assessment center shall count 50% of the combined score and the written
examination scores shall count 40% of the combined scores to determine the fnal ranking when one-point
for each year of service is added up to a total of I o-points maximum.
]. Eligibility List. 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) Written Examination 40%
(2) Assessment Center Examination 60%
1 ao°i°
52
Points on Lieutenant's Examination
1 point for each year of service as a commissioned 10 points
officer with the department up to a maximum of 10
oints
110 Maximum Points
Points on Ca tain's Examination
1 point for each year in rank up to a maximum of 5 5 points
--- oints-......---- ----------~-- --- ---- __...-_.._..._.._..-------
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 Serits claimin a ri ht to romotion -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. Chanter 143 Anplicability -Chapter 143 Applicability. Na Portion of Chapter 143 is
applicable to the promotional process far assistant Chief, commander, captain or lieutenant with the
exception of Sections 143.032(h) (i), and 143.034 and 143.02$ (c}.
M. Nepotism.
1. Promotions. This section shall take precedence over any other provisions of this
Article or Agreement. If a relative of the Chief is a candidate for lieutenant or captain and qualifies by
written examination to continue with the assessment center examination, the Chief shall not participate in
the promotional process or in making of any appointment from the list established there from and the City
Manager shall exercise all of the contractual and statutory authority of the Chief with respect to said
process and appointments. If the Chiefs 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 alt
of the Chief's authority under Section E and any related statutory provision. The Chief shall not participate
in any other action, which would affect the relative's promotion or probationary review, and the City
Manager shall exercise all contractual and statutory authority, which the Chief would otherwise exercise in
connection with any such action. "Relative" is a person related to the Chief within a degree described by
Section 573.002, Government Code.
2. Transfers. This section shall take precedence over any other provisions of this Article
or Agreement. If a relative of the Chief requests an inter-divisional personnel transfer, the Chief shall not
participate in the decision-making process or in making any transfer. The City Manager pursuant to
General Rules Manual 1.12 shall exercise alI of the contractual and statutory authority of the Chief with
respect to said transfer. "Relative" is a person related to the Chief within a degree described by Section
573.002, Government Code.
53
N. Final Score. The final score shall be carried forward until a decimal place determines their
ranking on the eligibility list.
O. Resolution of Promotion Dispute. To fully and finally settle Grievance #2009-008G, the City
agrees that it will authorize by separate ordinance one additional Police Lieutenant position to which
Eugene Hernandez will be appointed (with retroactive seniority and service to October 19, 2009}
contingent upon prior execution of both a settlement agreement between the Association and the City and
between Senior Officer Eugene Hernandez and the City. It is further agreed between the Parties, that the
establishment of the one additional Police Lieutenant position referred to herein will not constitute a
"vacancy" under the terms of the 2006-2010 Collective Bargaining Agreement, nor this Agreement, or the
~- pr-0visions-oL-Tg~-Local-Gov°t-Gode-Gha}~ter--111---None--~f-the-provisions~f Tex:-Local--Gov't-Code
Chapter 143 or any Collective Bargaining Agreement shall apply to such Police Lieutenant position nor
shall such action by the City create any contractual or statutory entitlement for any other bargaining unit
member arising therefrom. The Parties agree that this fully and finally resolves and precludes forever any
claim to promotion to the Police Lieutenant vacancy filled by Senior Officer Anthony Sanders and the
appointment of Senior Officer Eugene Hernandez to the additional Police Lieutenant position described
herein by any member of the bargaining unit. The preemption provisions of Article 19C. apply to the
provisions of this Section. The Association waives all claims of any kind related to the one additional
Police Lieutenant position described above and the promotion of Senior Officer Anthony Sanders to
Lieutenant, including but not limited to claims under Texas Local Government Code Chapter 143, Rules
and Regulations of the Civil Service Commission for Firefighters and Police Officers, ordinances of the
City or other Article of the 2006-2010 Collective Bargaining Agreement or this Agreement or any
successor Agreement. The Parties agree that Senior Officer Anthony Sanders shall have seniority rights
over Senior Officer Eugene Hernandez while they are both Lieutenants. The Association agrees that no
Employee or the Association shall grieve or seek review or file. appeal to the Commission, arbitration, ar
any judicial body regarding any provision or effect of this Section.
P. Time Served as an Actin or Tem ora Lieutenant between December 1 2006 and the
Execution of this A reement. For the sole purpose of moving beyond the 18 month step, officers holding
the rank of Lieutenant who were appointed between December 1, 2006 and the execution of this
Agreement shall be credited far time served as an acting or temporary Lieutenant. This section 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.
ARTICLE 1L4 -EMPLOYEE MANAGEMENT RELATIDNS
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 hismer
designee, who shall be a police offcer within the Police Department; (3} the Association President or
his/her designee, who shall be a police officer from the Police Department from the Association; (4) the
Association Vice-President or his/her designee, who shall be a police officer from within the Police
Department from the Association; and (5} a member of the Association designated by the President who
must be a police officer within the department. There shall be a written agenda of matters to be discussed.
Officers desiring items placed on the written agenda shall forward the matter in writing to the Office of the
Chief of Police through the President of the Association. The labor-management committee shall meet bi-
S4
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. Lesal_Defense_ The City will provide a legal defense to any police officer in a civil lawsuit,
on account of any action taken by such palice officer while acting within the course and scope of the police
ofFcer's employment far the City of Carpus Christi. The City, by conducting or participating in the
employee's defense, does not assume any obligation or liability not otherwise imposed by law and does not
expressly or impliedly waive an immunity or defense, which is available to the City. The City need not
assume any obligation not otherwise imposed by law for any judgment which is rendered against an
employee who.committed intentional acts, was grossly negligent, or reckless.
1. The police officer shall notify the City of any claim being made against such palice
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 of~cer.shall cooperate with the City, and, upon the City's request, shall assist
the City in arriving at settlement agreements, and the conduct of suits, and in enforcing any rights of
contribution or indemnity against any person or organization who may be liable for all or part of such
damages, and shall attend all hearings and trials and assist in securing and giving evidence and obtaining
the attendance of witnesses.
4. If the City Attorney undertakes to represent the employee rather than provide private
counsel, he or she shall disclose to the employee any conflicts of interest between the employee and the
City in the civil action. If the employee chooses not to waive the conflict of interest, the City shall retain
qualified private counsel.
ARTICLE 15 -ASSOCIATION HEALTH AND BENEFIT TRUST
The City shall make a contribution, in the amount of one hundred forty three thousand dollars
($143,000), to the Association Health and Benefit Trust on or before January 1, 2011. This will be the
City's final contribution to the Trust.
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 specifed in Section 174.15 I. The mediation shall extend for 14-calendar days.
If na 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 fuIt and fair
hearing. By agreement the parties may submit an issue or issues to the Factfinder. If too agreement is
reached, each party shall be entitled to submit four proposals to the Factflnder, each proposal on a distinct
topic. For example, each of these constitutes a distinct topic: salary, dependent health insurance coverage,
55
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/her reasons for his/her Endings of
fact and recommendations. In rendering such findings and recommendations, the Factfinder shall exercise
hismer 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/her by the parties or obtained at his/her direction: the overall compensation in
the current contract including_direct_selary and_ fringe benefits; the income available to the City and_
demands on that income; a comparison of wages, hours, and conditions of employment of Corpus Christi
police officers with the wages, hours, and conditions of employment of other public and private employees
performing similar services and with other employees generally in public and private employment in
comparable communities and in Corpus Christi; the hazards of employment, physical, educational, and
mental qualifications, job training and skills required of a Corpus Christi police officer; the cost of living
in Corpus Christi relative to other communities; the rate of increase in the cost of living for the preceding
twelve-month period using localized data to the fullest extent feasible; and any current national or state
policies or guidelines with respect to compensation.
The selection of the Mediator and the Factfnder shall occur as follows. When either party
requests mediation or fact-finding, the parties may agree to choose any mediator or Factfinder or method of
choosing it. ]f 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 {7) calendar days after receipt of the list from the AAA. The fee and expenses of the mediator and
the FactFnder shall be split equally between the City and the Association, All other expenses, including
witness fees, shall be paid by the party incurring the expense or calling the witness.
If, within seven (7) calendar days after factfnding, 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 constitutes a distinct issue: salary, dependent health insurance coverage,
promotional procedures, and political activities. Each party will submit its 2-issues, and its alternatives to
the other party's issues, so that the voters will vote on four {4) distinct issues. Each voter will have the
option of voting for all of the issues of one party, or For some issues of one party and some of the other.
The issues submitted to the voters will appear on the ballot exactly as each respective party would have
them appear in the contract. The decision on each issue by a majority of the voters voting an 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, ar, in absence of such a contract, shall extend until the next July 31 following the
election or until a new contract is agreed upon. The Association shall pay the cost of printing the ballots.
All other costs of the elections shall be paid by the City. The place of the respective parties on the ballot
shall be determined by coin flip.
An impasse referendum can be canceled at any time up to 15-calendar days prior to the election
date by agreement of the parties.
56
The Association and the City agree that during the term of Article 16, no request shall be made For
submission of unresolved issues io arbitration under Chapter 174 or any other statute, charter or ordinance
provision, and that any such request shall 6e 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 ] 6 shall become ineffective, unless the parties agree in writing to continue them in effect.
ARTICLE I7 -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, ar
other conditions of employment that helshe now enjoys, except as otherwise provided in this agreement.
ARTICLE 19 -CLOSING CLAUSES
A. The effective date of this agreement shall be the day of 2010 except as
otherwise provided herein, and the agreement shall remain in effect until midnight July 31, 2015 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 contract effective after the expiration of this document. The impasse procedure in Article l b of
this agreement shall be wholly inapplicable to any matter except impasse of a successful contract.
C. The provisions of this contract shall take precedence over all State and local Civil Service
provisions which are in conflict herewith, including for example and not by way of limitation, any contrary
provisions of Chapter 141,142 and 143; City Charter of the City of Corpus Christi, Texas; ordinances of
the City; Rules and Regulations of the Firefighters' and Police Officers' Civil Service Commission; and
Rules and Orders ofthe 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.
S7
FOR THE CITY OF CORPUS CHRISTI
TEXAS
Date: l2 / D ld
r
~~ w
A 1 .Escobar, City Manager
City Negotiating Team Members:
FOR THE CORPUS CHRISTI POLICE
OFFICERS' ASSOCIATION
Date: /Z l.y ' I p
~° '~'
Mike Staff, Pre rent CCPOA
ATTEST:
J7J, ~~i'S~.
-~-~.--
City Secretary
Date: ~ l / a ~~~
APPROVED:
DAYOF~~Cf~y~~~ _,2010
City Attorney
~n [Q ~~~~ ~xur~eR~x~
8T Cr11~RClL ..~ ~ ,~.d,~
~.
SECRI"T'ARv ~-
58
APPENDIX "A"
DUES DEDUCTION AND SPECIAL ASSESSMENT AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Dues Title
Code Payroll No. Employee No. Code No.
Name
{Last) (First} {M,L)
Social
Security Na. _...-- ------ --... _ _ ___
Address
Zip Code,
I hereby authorize the City of Corpus Christi to deduct each pay period a sum as
certified by the Carpus Christi Police Officers' Association as the current rate of dues or an
amount as may hereafter be established by the Corpus Christi Police Officers' Association as
dues, or special assessment approved in accordance with the collective bargaining agreement and
Association Constitution and Bylaws. This deduction is to be forwarded directly the to Corpus
Christi Police Officers' Association. The authorization of this deduction is entirely voluntary on
my part.
I understand that the City of Carpus Christi will be obligated to forward to the
Association only those sums actually deducted and will not be liable far damages to me for
failure to deduct any authorized sum for any reason.
Signed Date
59
APPENDIX "B"
TERMINATION OF DUES DEDUCTION
ON SPECIAL ASSESSMENT AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Dues Title
Code Payroll No. Employee No. Code No.
_._....- -. - -- - - - -- - - - - - -__....... ,--- _ . --- ----- _. _ _SociaL-- -- _-- -~
Name Security No. _
(Last) {First) {M.I.}
j Address Zip Code
I hereby terminate the authorization previously executed by me on
for dues deduction for the Corpus Christi Police Off cers'
Association and request that the City make no fiuther deductions under said authorization. This
termination of dues deduction is entirely voluntary on my part and 1 understand that the City of
Corpus Christi will not be liable far failure to promptly effectuate this termination for any reason.
Date:
,,
60
APPENDIX "C"
GRIEVANCE FORM
City of Corpus Christi Grievance No.
Employee: Immediate Supervisor:
Printed name: Printed Name:
_ _ A grievance must be filed within 30-calendar days of its occurrence or knowledge of occurrence.
_. _ .
Any grievance not submitted within 30-calendar days shall not be considered timely and shall be
void.
Date of Occurrence or Knowledge of Occurrence:
Date Grievance Submitted to the Association:
Step 1
Association Review .(Within 3a-calendar days of receipt of the grievance, the Association shall
determine whether the grievance is valid and notify the Chief of Police in writing pursuant to Step 2.)
The written grievance at Step 2 and at all steps thereafter shall contain the following information: (1) a
statement of the grievance setting out the specific provision of this agreement to be interpreted, applied or
enforced and the facts upon which it is based; (2) how the facts result in a violation of the agreement; (3)
the remedy or adjustment sought including a clear statement of the proper interpretation, application or
enforcement of this agreement; and (4) the signature of the aggrieved employee.
Statement of Facts:
Policy, Practice, or Contract Provision alleged to be violated:
Other Individuals affected by Grievance:
Remedy Sought:
Grievance Sent To Chief of Police this , ZO1_, at a.m.lp.m.
Date Time
Grievance received by Chief/Staff Member this , 201, at a.nn./p.m.
Date Time
Signature of Chief or Staff Member
61
Step 2
Chief of Police Review (The Chief of Police shall respond in writing to this grievance within 60-
calendar days of its receipt. If the Chief of Police does not respond within 60-calendar days, the
grievance shall be deemed denied and the Association may proceed to the next step.}
The written response at this step, and management responses at all steps thereafter, shall contain
the following information: {1} an affirmation or denial of the facts upon which the grievance is
based; {2) an analysis of the alleged violation of the agreement; (3) the remedy or adjustment, if
_..
__. _
any, to be made; {4) the signature of the appropriate management representative.
See Attached Response.
Submitted by Chief of Police this , 201_, at a.m./p.m.
Date Time
Signature of Chief
Grievance Committee Rep. received response this , 201_, at a.m.lp.m.
Date Time
Signature of Grievance Committee Representative
62
St_ ep 3
City Manager Review (The Association may submit a written. grievance from Step 2 to the City
Manager within 30-calendar days of receiving the Chief of Police's written response. The City
Manager shall respond in writing to this grievance within 30-calendar days of its receipt. if the
City Manager does not respond within 30-calendar days, the grievance shall be deemed denied
and the Association may proceed to the next step.)
_- - _
Grievance Sent To City Manager this , 201, at a.m./p.m.
Date Time
City Manager received Grievance this , 201_, at a.m./p.m.
Date Time
Signature of City Manager or Staff Member
See Attached Response.
Submitted by City Manager this , 201_, at
Date Time
Received by Grievance Committee Rep. this
Date
201_, at
Signature of Grievance Committee Representative
a.m./p.m.
a.m.lp.m.
Time
63
step 4
Request for Arbitration (The Association may request, within 30-calendar days of the denial of
Step 3, that the grievance be submitted to arbitration.)
Association Elects to Proceed to Arbitration on Grievance No.
See Attached Request.
Submitted to Human Resources by Association this , 201_, at a.m./p.m.
hate Time
Signature of Association President or Designee
Human Resources received from Association this , 201_, at a.m./p.m,
DaEe Time
Signature of Director of H.R. or Staff Member
64
APPENDIX "D"
WAGE INDEX FORMS
Form 1 (30 Year Average}
€Iniform!
Base Longevity Shift Patrol Pay Bachelor Master
Pav Puv P~ tin,. ne,...,.., o..a-.~
Abi[_ene-PoliceD_e artment_..-----
---- _.,.. - . --
-- ----- - - - -
-
_......
__ ___.... l VUl
-.. .... - - iVLi~IJ
- - - ...,. .----
Amarillo Police De artment
Arlin ton Police De artment
Anstin Police De artment
Beaumont Police De artment
Brownsville Police De artment
Carrollton Police De artment
Dallas Paliee De artment
Denton Police De artment
E! Paso Police De artment
Fort Worth Police De artment
Garland Police De artment
Grand Prairie Pollee De artment
Houston Police De artment
Irvin Police De artment
Killeen Police De artment
Laredo Police De artment
Lubbock Police be artment
McAllen Police De artment
Mes uite Police De artment
Pasadena Police De artment
Flano Police De artment
Saa Antonio Police De artment
Waco Police De artment
Avera es
Cor us Christi Police De artment
Under 1 Over Avera e
to Avera e
65
city
Form~2 (Each City Police Department)
UniforlnlPatroi
Base Longevity Shift Pay Bachelor Master
1 -- - . vua lUIH15
2
3
4
5
b
7
8
9
i0
71
12
13
14
15
lb
17
18
19
24
21
22
23
24
25
26
27
28
29
3D
AVG
66