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Home My WebLink AboutPO 6729: AMENDING ORD NO. 16-53 P.O. No. 6729 08/22/18 ht ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 16-53 AS IT PERTAINS TO ARTICLE 14 (SENIORITY) 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, pursuant to Ordinance 17-12 , the parties amended certain provisions of Article 12 , "Hiring Practices" relating to lateral hiring of police officers ; and, WHEREAS, pursuant to Ordinance 18-33 , the parties amended certain provisions in Article 42 , "Inclement Weather" in order to facilitate reimbursement for compensation paid to employees in the case of a major disaster; and, WHEREAS, the parties have now further agreed to amend certain provisions in Article 14 , Section 2 , to essentially mirror the language in the Civil Service Commission Rules and Regulations regarding seniority for police officers, as delineated in the 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; and Section 2 . That the Mayor is hereby authorized to execute said Memorandum of Understanding on behalf of the City of Port Arthur, attached hereto as Exhibit "A" ; and Section 3 . That a copy of the caption of this Ordinance shall be spread upon the Minutes of the City Council; and Section 4 . That this Ordinance shall be effective immediately upon its passage . READ, ADOPTED AND APPROVED on this day of A.D. , 2018 , 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: VAI Valecia Tzen' , City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager Exhibit "A" (Memorandum of Understanding) Port Arf6ui. POLI August 16, 2018 Mr. Harvey Robinson City Manager City of Port Arthur, Texas 444 4th St Port Arthur, Texas 77640 Dear Mr. Robinson, This letter is to inform you that the attached Memorandum of Understanding to Article 14 Section 2 of the current Agreement between the City of Port Arthur and the Port Arthur Police Association has been approved by Association membership through an Association wide vote. Thank you for your cooperation in this matter and please let me know if you have any questions regarding this, or any other, matter. Respectfully, Rogelio M 7.,a, President Port Arth Police Association 325-280-1028 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made between the Port Arthur Police Association("PAPA") and the City of Port Arthur("COPA"). The PAPA and the COPA have previously entered into an Agreement Between City of Port Arthur, Texas and The Port Arthur Police Association ("CBA") in accordance with the Fire and Police Employee Relations Act of the State of Texas (Local Government Code Chapter 174), which is effective from October 1, 2015 through September 30, 2018. Article 14 (Seniority) Section 2 of the CBA provides as follows: Adjusted Service Date for Police Officers is the date established by adjusting an employee's anniversary date to reflect service completed while employed in a regular or probationary status as a Port Arthur Police Officer prior to current employment period. An employee must be re-employed by the City's Police Department as a Police Officer for five (5) continuous years before prior service credit may be restored and an adjusted service date established. Service Credit shall not be given for time out of service. Police Officers who have, or reach, five (5) years of continuous re-employment following a separation shall be eligible for service credit restoration hereunder. The PAPA and the COPA mutually agree that it is a benefit to the members of the PAPA and the COPA for Police Officers to revise Article 14 Section 2 of the CBA to reflect that a commissioned Police Officer, upon approval of the Chief of Police,may be reappointed to the police force to the seniority held prior to the Police Officer's resignation if said resignation has not been in effect more than one hundred eighty (180) days. Accordingly, Article 14 (Seniority) Section 2 of the CBA is revised to state as follows: Adjusted Service Date for Police Officers is the date established by adjusting an employee's anniversary date to reflect service completed while employed in a regular or probationary status as a Port Arthur Police Officer prior to current employment period. An employee must be re-employed by the City's Police Department as a Police Officer for five (5) continuous years before prior service credit may be restored and an adjusted service date established, except that the Police Officer, upon approval of the Chief of Police, may be reappointed to the police force to the seniority held prior to the Police Officer's resignation if said resignation has not been in effect more than one hundred eighty(180)days. Service Credit shall not be given for time out of service. Both the PAPA and the COPA recognize and agree that this is a single change to the CBA and that this change in no way affects, modifies, alters, nullifies, or changes the remainder of the CBA. This MOU may be amended by mutual agreement of both parties at any time. SIGNED and AGREED to this the day of , 2018. Port Arth Police Association City of Port Arthur B . '�r�si`��--4 M� ?f� By: Its: