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Home My WebLink AboutPO 6613: AMENDING ORD NO. 16-53, HIRING PRACTICES, THE PORT ARTHUR POLICE ASSOCIATION P.O. No. 6613 03/20/17 gt ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 16-53 AS IT PERTAINS TO ARTICLE 12 (HIRING PRACTICES) OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE PORT ARTHUR POLICE ASSOCIATION WHEREAS, pursuant to Ordinance No. 16-53, the City of Port Arthur negotiated a Collective Bargaining Agreement with the Port Arthur Police Association pursuant to Chapter 174 of the Texas Local Government Code annotated, the Fire and Police Employees Relation Act; and WHEREAS, the parties have agreed to amend certain provisions of Article 12, "Hiring Practices", as delineated in Appendix A, Memorandum of Understanding, attached hereto as Exhibit "A". NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the Mayor is hereby authorized to execute said Memorandum of Understanding on behalf of the City, attached hereto as Exhibit "A", and shall become a part of the existing Collective Bargaining Agreement until its termination. Section 3. That a copy of this Ordinance be spread upon the Minutes of the City Council. s.po6613 READ, ADOPTED AND APPROVED on this day of A.D., 2017, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: VO1/41 :3.4-4,YCO Valecia R. Tiz o, City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager EXHIBIT "A" pf N„. 4,0„, CITY of PORT ARTHUR DERRICK FORD RAYMOND SCOTT.JR.,MAYO PRO-TEM N MAYOR POLICE DEI R E `�/ ENPATRICK CHIEF OF POLICEPOLICECOUNCIL MEMBERS. 1 1T TIFFANY HAMILTON WILLIE"BAE'LEWIS.JR MORRIS ALBRIGHT III OSMAN SWATI KEITH MCCURRY RICHARD CHARLOTTE MOSES KA.PRINA RICHARDSON FRANK BRIAN MCDOUGAL.CITY MANAGER APPENDIX A MEMORANDUM OF UNDERSTANDING Between The City of Port Arthur ("City") And Port Arthur Police Association ("Association") ARTICLE 12 HIRING PRACTICES A. Adoption of MOU. This Memorandum of Understanding ("MOU"), upon ratification by the Association and approval by the City of Port Arthur City Council and then execution, shall become an Appendix to the existing Collective Bargaining Agreement, and shall become part of the existing Collective Bargaining Agreement until its termination, as if specifically set forth therein. B. Purpose of MOU. The purpose of this MOU is to amend certain provisions of Article 12, "Hiring Practices," as agreed by the parties in order to facilitate the hiring of TCOLE Certified Police Officers who meet the standards of employment with the Port Arthur Police Department (hereinafter referred to as "lateral entry" candidates). Specifically, Article 12, Section 1 shall not apply to applicants for hiring under this MOU with regard to lateral entry hiring of police officers. This MOU is specifically intended to permit the Police Chief to appoint entry hires without regard to any applicants on any eligibility list established by Chapter 143 or by Article 12 of the current CBA. C. Mutual Benefit of MOU. It is agreed and understood by both parties to this MOU that the provisions set forth herein are mutually acceptable and beneficial to the City and to the Association. Hiring and selection of employees new to the Port Arthur Police Department shall be governed by the following provisions and/or conditions: 1. Preemption of Chapter 143. Pursuant to the provisions of Chapter 174.006 of the Texas Local Government Code ("TLGC"), the City and the Association agree to preempt Chapter 143.021-.026, as necessary to effectuate the purposes of this MOU, relating to eligibility and entrance examination for 645 41h Street PO Box 1089 • Port Arthur,Texas 77641-1089 409-983-8600 • Fax 409-983-8662 A.- - ...-..:- :,;::: Aittif,b0„,-,-- CITY of PORT ARTHUR ERRICRAYMOND SCOTT FORDJR REMAYOPRO TEM POLICE DEPARTMENT EMAN MAYOPATRICK OF POLICE COUNCIL MEMBERS: TIFFANY HAMILTON WILLIE"BAE`LEWIS.JR. MORRIS ALBRIGHT III OSMAN SWATI KEITH McCURRY RICHARD CHARLOTTE MOSES KAPRINA RICHARDSON FRANK BRIAN MCDOUGAL,CITY MANAGER beginning positions in the Port Arthur Police Department. Those applicants approved by the Police Chief as lateral entry candidates shall be made a conditional offer of employment, subject to successful • completion of a City pre-employment medical examination, drug screen, and psychological examination. 2. Pre-emption of City of Port Arthur Civil Service Commission Rules and Regulations. This MOU expressly pre-empts the following Chapter Nine, "Appointment," Sections 9.01- 9.26, of the City of Port Arthur's Local Civil Service Commission Rules. 3. Criteria to be used in Lateral Entry Hiring. Hiring and selection of new employee into the Port Arthur Police Department shall be accomplished using selection methods and criteria developed to accomplish the goals of the City and its Police Department. 4. Hiring Procedure for Lateral Entry Candidates. Applicants who are already certified by TCOLE as determined shall be subject to a hiring procedure as determined by the Police Chief, which shall include, at a minimum the following components: (1) background investigation; (2) polygraph examination; (3) oral interview board appointed by the Police Chief; and (4) Chief's interview. Applicants approved as lateral entry candidates may be immediately offered employment upon successful completion of medical and psychological examinations without being placed on an eligibility list. 5. Compensation for Lateral entry employees may be placed on the salary scale for Police Officer up to the seven (7) year level, but no more than their actual commissioned law enforcement tenure at the discretion of the Police Chief, taking into account the lateral entry employees' law enforcement background and experience, previous law enforcement compensation, the needs of the Port Arthur Police Department and any other factors determined pertinent by the Police Chief. The determination of the lateral entry employees' salary by the Police Chief is final. The placement of a lateral entry employee upon the salary scale shall not be subject to appeal to the Civil Service Commission or to arbitration or to any court by either the lateral entry employee or any other employee covered by the Collective Bargaining Agreement. Once placed in the salary scale, the lateral entry employee shall proceed through the remaining steps of the pay scale on each anniversary date. 6. Limitation on Classification of Lateral entry employees. Lateral entry hiring shall be done only into the Patrol Officer classification, and not into higher ranks. 645 4th Street PO Box 1089 • Port Arthur,Texas 77641-1089 409-983-8600 • Fax 409-983-8662 p eir- -_ Qtr i 744/#4,--/ ______,,,,,, ..______/ CITY of PORT ARTHUR DERRICK T. :EMAN.MAYOR , PATRICKN RAYMOND COTJR MAYOR PRO-TEM PO �IC I, ) RIj IF N 1CHIEF1 OF POLICE JIi COUNCIL MEMBERS TIFFANY HAMILTON WILLIE'BAE`LEWIS.JR. MORRIS ALBRIGHT III OSMAN SWATI KEITH McCURRY RICHARD CHARLOTTE MOSES KAPRINA RICHARDSON FRANK BRIAN MCDOUGAL.CITY MANAGER 7. Longevity and Seniority Pay. Lateral entry hires shall not receive enhanced longevity or seniority payments due to their placement on the Patrol Officers' pay scale, but shall earn longevity and seniority pay based only upon their service in the Port Arthur Police Department. No grievances shall be processed by the Association on this item. The lateral entry hires may receive certificate, education or bilingual pay as specified in the current CBA, as determined by the Police Chief. 8. Probationary Period for Lateral Entry Employees. Lateral entry employees shall serve a probation period for one year as of their date of hire, and may be terminated without civil service or CBA appeal rights during the probationary period. This MOU shall be effective upon ratification and execution, first by the membership of the Port Arthur Police Association, and then by the City Council of the City of Port Arthur, Texas. IN WITNESS WHEREOF,the parties hereunto set their hand this day of March, 2017. f --e"--"<-'7- 1 y.: ,- -...C.,-.)--- �.. Elie Van Horn, President PAPA Mayor Derrick Freeman, City of Port Arthur 645 4th Street PO Box 1089 • Port Arthur,Texas 77641-1089 409-983-8600 • Fax 409-983-8662