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Home My WebLink AboutPO 6730: COLLECTIVE BARGAINING P.O. No. 6730 08/28/18 ht ORDINANCE NO. AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE PORT ARTHUR POLICE ASSOCIATION. PROPOSED FUNDING IN POLICE DEPARTMENT BUDGET ACCOUNT NO. 001-1101-521.11-00 WHEREAS, the City of Port Arthur has 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. 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 and City Manager are hereby authorized to execute said Collective Bargaining Agreement on behalf of the City as amended in substantially the same form attached hereto as Exhibit "A". Section 3. That the term of this agreement shall be October 1, 2018 through September 30, 2020. Section 4. That a copy of this Ordinance be spread upon the Minutes of the City Council. 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: s.po6730 Mayor: Councilmembers: NOES: Derrick Freeman, Mayor ATTEST: Sherri Be!lard, City Secretary APPROVED AS TO FORM: Valecia R. Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager APPROVED AS TO AVAILABILITY OF FUNDS: Andrew Vasquez, .-` Director of Finance EXHIBIT "A" AGREEMENT BETWEEN CITY OF PORT ARTHUR, TEXAS AND THE PORT ARTHUR POLICE ASSOCIATION EFFECTIVE FROM 10/01/2018 THROUGH 9/30/2020 DATE RATIFIED BY THE PAPA: DATE RATIFIED BY THE CPA: TABLE OF CONTENTS Page ARTICLE 1 —PREAMBLE 4 ARTICLE 2 -DURATION 4 ARTICLE 3 -DEFINITIONS ARTICLE 4-RECOGNITION 6 ARTICLE 5 -ASSOCIATION RIGHTS 7 ARTICLE 6 -NON-DISCRIMINATION 8 ARTICLE 7—LEFT BLANK 9 ARTICLE 8 -MANAGEMENT RIGHTS 9 ARTICLE 9 -NO STRIKE CLAUSE 10 ARTICLE 10—PRE-EMPTION CLAUSE 11 ARTICLE 11 -CREATION OF RULES AND REGULATIONS 11 ARTICLE 12-HIRING PRACTICES 11 ARTICLE 13 -PROMOTIONS 13 ARTICLE 14 -SENIORITY 16 ARTICLE 15 -TRAINING 16 ARTICLE 16 -OFF-DUTY EMPLOYMENT 17 ARTICLE 17 - GRIEVANCE PROCEDURE 17 ARTICLE 18 - WAGES 20 ARTICLE 19—ASSIGNMENT PAYS 22 ARTICLE 20-COURT PAY 23 ARTICLE 21 -BILINGUAL PAY ?3 ARTICLE 22 -PER DIEM 24 ARTICLE 23 -RESIDENCY INCENTIVE ')4 2 ARTICLE 24-ANNUAL LEAVE(VACATION/HOLIDAYS) -)5 ARTICLE 25 - SICK LEAVE -)5 ARTICLE 26-FUNERAL LEAVE ARTICLE 27 -COMPENSATORY/OVERTIME PAY 27 ARTICLE 28 -JURY DUTY -)8 ARTICLE 29 -LEAVES OF ABSENCE ARTICLE 30 -DISCIPLINARY ACTIONS �9 ARTICLE 31 -BILL OF RIGHTS ?9 ARTICLE 32 -MEDICAL AND DENTAL INSURANCE 33 ARTICLE 33 -BULLET PROOF VESTS 33 ARTICLE 34-RETIREMENT 33 ARTICLE 35 -PATROL CAR PROTECTIVE CAGES ;4 ARTICLE 36 -CLOTHING AND EQUIPMENT 34 ARTICLE 37 -PSYCHOLOGICAL SERVICES 35 ARTICLE 38 -FAMILY MEDICAL LEAVE ACT 36 ARTICLE 39-ASSOCIATION LEAVE 36 ARTICLE 40 - SAVINGS CLAUSE 37 ARTICLE 41 -DRUG AND ALCOHOL POLICY 17 ARTICLE 42-INCLEMENT WEATHER 39 ARTICLE 43 -LONGEVITY 39 ARTICLE 44-FITNESS CHALLENGE PAY 39 ARTICLE 45 -FULL AND FINAL SCOPE OF THE AGREEMENT 40 ATTACHMENT 1 -RELEASE OF LIABILITY AGREEMENT 42 ATTACHMENT 2 -RESIDENCY INCENTIVE CHART 44 ATTACHMENT 3-GENERAL ORDER 200-4 45 3 ARTICLE 1 PREAMBLE The following Agreement by and between the City of Port Arthur, Texas, hereinafter referred to as the City, and the Port Arthur Police Association, hereinafter referred to as the Association, is reduced to writing, in accordance with the Fire and Police Employee Relations Act of the State of Texas (Local Government Code Chapter 174). The City and the Association agree that the efficient and uninterrupted performance of the municipal police function is a primary purpose of this Agreement. The agreement has been reached through the process of collective bargaining with the objective of serving the aforementioned purposes and with the further objective of fostering effective cooperation between the City and its Police Officers. Therefore, this Agreement is intended to be in all respects in the public interest. ARTICLE 2 DURATION Section 1 This Agreement shall be effective October 1, 2018, and shall remain in full force and effect through the 30th day of September 2020, or until such time as it is superseded by a new contract between the parties, provided, however, that in no event shall this Agreement continue in effect after December 31,2020. Section 2 The City and Association agree that the parties will meet no later than March 1, 2020, to initiate discussions with regard to a new collective bargaining agreement to take effect upon expiration of this Agreement. Subsequent to the initial meeting of the parties, the parties agree to meet, unless mutually agreed, at least every twenty-one (21) days thereafter, until an agreement is reached or an impasse is declared. Both parties agree to meet and bargain in good faith. 4 ARTICLE 3 DEFINITIONS A. "Association"means the Port Arthur Police Association. B. "Board of Directors" mean those members of the Association who are elected or appointed and serve as members of the Board of Directors of that organization pursuant to the Constitution and By-Laws of the Association. C. "Chief'means the Chief of Police of the City of Port Arthur, or his designee. D. "City"means the City of Port Arthur. E. "City Manager"means the City Manager of the City of Port Arthur. F. "Complainant"means a person claiming to be the victim of misconduct by a police officer. G. "Department"means the Police Department of the City of Port Arthur. H. "Employee" (also referred to as "officers") means any sworn Police Officer employed in the Police Department of the City, with the exception of the Chief of Police and no more three (3) appointees of the Chief above the rank of Captain, as defined under Section 4 of the Promotions Article of this contract; provided, however, such employee must be required by applicable state law to be included in this bargaining unit. I. "Bargaining Unit"means all "employees"as defined above. J. "Gender" reference to the male gender throughout this Agreement shall have equal force and include reference to the female gender. K. "Grievance"means any and all disputes arising under the Grievance Procedure in Article 17. L. "Integrity" means soundness or moral principle and character, as shown by one person dealing with others and fidelity and honesty in the discharge of trusts; it is synonymous with "probity", "honesty,"and"uprightness." M. "Management" means any authorized person acting on behalf of the City in the administration of this Agreement. 5 N. "Probationary Period" means the twelve (12) month period immediately following the date of employment as a certified Port Arthur Police Officer. O. "Strike" means, the failure, in concerted action with others, 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, or in any manner interfering with the operation of any municipality, for the purpose of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations or employment. ARTICLE 4 RECOGNITION Section 1 The City hereby recognizes the Association as the sole and exclusive collective bargaining agent for the bargaining unit as defined in the Definitions Article. The right of the Association as sole and exclusive bargaining agent as hereinafter described in this agreement includes sole and exclusive payroll deduction of dues from employee paychecks for membership in any organization which has as its purpose representation of employees in collective bargaining matters; sole and exclusive access and use of the Association bulletin boards, subject to the provisions of the Association Rights Article in this Agreement; sole and exclusive representation rights under the grievance procedure herein (except to the extent that such representation may be specifically limited on disciplinary actions under other Articles herein); sole and exclusive time off for Association business; and any other activity set forth in this Agreement that establishes a sole and exclusive Association right. Section 2 The Association recognizes that the City Council and City Manager have exclusive authority to designate representative(s) as the sole representative of the City for the purpose of collective bargaining. The Association agrees to bargain in good faith with this representative and 6 only with this representative in all matters presented by either party for collective bargaining; subject to the Association's right to engage in political activity as recognized under the First Amendment to the United States Constitution, Chapter 143 of the Texas Local Government Code, and other applicable statutes. It is understood that matters subject to collective bargaining shall be primarily dealt with by the appointed representatives. ARTICLE 5 ASSOCIATION RIGHTS Section 1 The City shall deduct, once each month, Association dues and assessments in an amount authorized by the employee, from the pay of those employees who individually request, in writing, that such deduction be made. Any individual member of the bargaining unit wishing to voluntarily withdraw his authorization for Association dues deductions and other assessments must personally sign the appropriate form in the Police Depait,iient. All amounts deducted pursuant to this Article shall be paid to the legally designated representative of the Association in accordance with reasonable procedures established by the City. The City shall provide the Association with a list of those members for whom dues are deducted each month. Section 2 The Board shall have the right to visit the premises of the Police Department for the purpose of administering this Agreement. Such visits, shall be conducted in a manner so as not to interfere with the functions of the Department. The Association President shall be permitted, without loss of pay, to attend the annual convention of the Combined Law Enforcement Associations of Texas. The purpose of attendance shall be to continue education in labor relations and to obtain information and material for the 7 promotion of better working conditions and morale for the members of the Port Arthur Police Department. Such leave shall not exceed two(2)working days per calendar year. Section 3 The Association may maintain one (1) bulletin board at the police station. The bulletin board shall be no larger than two feet by four feet and placed in a conspicuous location. The board may be used for notices of recreation and social affairs, meetings, elections, reports of Association committees, rulings or policies of the State or National Association, legislative enactments and judicial decisions affecting public employee labor relations, and announcements pertaining to the political activities of the Association. The Association agrees to hold harmless, and indemnify the City for any and all legal actions arising from or resulting from, materials placed on the Association's bulletin board as shown in this section. ARTICLE 6 NON-DISCRIMINATION Section 1 The Chief shall make available to every employee a copy of all special orders, general orders, training bulletins, city personnel policy, police department operations manual, rules and regulations, and a copy of this Agreement. Section 2 The Association and the City agree: A. That the provisions of this agreement shall be applied equally to all employees without discrimination in accordance with applicable laws and that they shall not interfere with, restrain, or coerce employees in the exercise of rights granted in this Agreement. B. That neither party shall knowingly make or permit any agreement,understanding, or contract with any person, including a member of the bargaining unit, which in any manner circumvents, alters, amends, or modifies,any provision of this Agreement. 8 employees to any job or any work, anytime or anywhere; to increase or decrease the working force; to determine the number and size of the work shifts; to grant paid and unpaid leaves of absence for any reasons; to determine the number of and assign employees to any work or any job; to determine and re-determine the hours of work per day or week; to make and enforce work rules for the purpose of efficiency, safe practice, discipline or any other reason; to establish performance standards and to review employees under these standards; to determine the equipment to be used; to make technological changes; to separate or reassign its employees; to determine duties and production standards; to eliminate work; to require overtime work pursuant to state statute; to select employees for overtime pursuant to state statutes; to establish, modify and enforce rules and regulations. The rights and powers of management mentioned in this section do not list all such powers, and the rights listed, together with all other rights, powers and prerogatives of the City, not specifically ceded in this Agreement, remain vested exclusively in the City. If this Agreement does not, by its terms, specifically restrict management, then management retains power over the matter in question. ARTICLE 9 NO STRIKE CLAUSE Section 1 The Association shall not cause, counsel, or permit its members to strike, slow down, disrupt, impede or otherwise impair the normal functions of the Department; nor to refuse to cross any picket line by whoever established, where such refusal would interfere with or impede the performance of the employee's duties as an employee in the City. The City shall not lock out any employee. Section 2 In the event of a strike, the President of the Association shall, within 24 hours of such knowledge. publicly disavow such strike and request the employees to return to work in an attempt 10 to bring about prompt resumption of the normal operations. Such request shall be made in writing. A copy of such written request shall be supplied to the City as soon as is practical. Section 3 Any employee who participates in, or promotes a strike, as defined herein, may be disciplined, including dismissal,pursuant to the Disciplinary Article contained in this Agreement. ARTICLE 10 PRE-EMPTION CLAUSE The terms of this collective bargaining agreement shall take precedence over inconsistent or conflicting provisions of the Texas Municipal Civil Service Statute, Chapter 143, Vernon's Texas Codes Annotated, as amended, and any local civil service provisions adopted by the City. ARTICLE 11 CREATION OF RULES AND REGULATIONS Section 1 Subject to the terms of this Agreement, the Association recognizes that the City has the exclusive right to manage and direct the Police Department. Accordingly, the City specifically reserves the exclusive right to formulate departmental policy,rules and regulations. Section 2 All employees must observe and obey all departmental rules and regulations. Employees who violate any departmental rules or regulations are subject to disciplinary action, including discharge. ARTICLE 12 HIRING PRACTICES Section 1 Hiring practices shall be strictly in compliance with State Civil Service and other state and federal laws except as specifically altered and set out herein. Additionally, hiring practices shall 11 comply with Section 9.11, 9.13, 9.16, 9.17, 9.20, 9.23, and 9.24 of local civil service rules as in effect on August 5,2005, except as specifically altered and set out herein: (1) The maximum age for applicants who have no prior military or police experience shall be forty-five (45) years of age. The maximum age for applicants who have prior military or police experience shall be forty-five(45)years of age. (2) Once an eligibility list has been established pursuant to State Civil Service laws and local civil service rules, the Chief of Police may hire any person, without regard for ranking or position on the list, who has been qualified to be on the eligibility list if the person meets all other criteria required by state and federal laws to be hired as a police officer. The City may add seven (7) residency points to the final eligibility score of all applicants who can prove they are, and have been, for three (3) months prior to the examination date, bona fide residents of the City of Port Arthur, and who attain a raw score of seventy(70). Individuals accepting residency points shall be required to remain Port Arthur residents for a period of five (5) years after appointment as a Port Arthur Police Officer. Those employees who fail to comply with the five (5) year residency requirement after receiving the additional residency points shall be subject to termination. Said points may be used in the City's hiring determination. In the event that this Article becomes the subject of litigation,the City of Port Arthur agrees that it shall indemnify, hold harmless, and provide defense for the Union and any or all Union Officers who are subjects of such litigation. The parties will continue discussion regarding these articles and agree to a re-opener solely, and only, for this article which would provide for amending language mutually agreeable to the Chief of Police and the President of the Port Arthur Police Association. 12 (3) 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, psychological examination and physical fitness assessment. (4) Police Chief may appoint lateral entry hires without regard to any applicants on any eligibility list established by Chapter 143 or by Article 12 of the current CBA. (5) Compensation for Lateral entry employees may be placed on the salary scale for Police Officer up to the five (5) 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. ARTICLE 13 PROMOTIONS Section 1 All promotions shall be made in accordance with Municipal Civil Service, Chapter 143, of the Local Government Code of the State of Texas, except as inconsistent with or modified by the terms of this Agreement. 13 Promotable positions in the Department shall include the rank of Sergeant, Lieutenant, Captain, with the sole exception of those three (3) positions specifically addressed in Section 4 of this Article. If no current promotion eligibility list exists, the written examination shall be held within ninety(90) days after a vacancy occurs. Section 2 Written test material for all promotional examinations may include all or any combination of the following source materials; Texas Penal Code, Texas Code of Criminal Procedures, Texas Traffic Laws, Texas Family Code, and no more than two (2) other sources which pertain to the position being tested. The City agrees to provide all source material to each individual officer taking the exam. Section 3 Promotional examinations will be held in accordance with the provisions of Local Government Code 143. However, the provisions of LGC 143 are hereby modified that an officer to qualify for promotion to the rank of Sergeant must have five (5) consecutive years of service in the City of Port Arthur Police Department as a commissioned police officer prior to the date the examination is held. Section 4 The Chief of Police may appoint from the bargaining unit, at his discretion, subject to the approval of the City Manager, three (3) positions below the rank of Chief, who will execute the Release of Liability Agreement attached as Attachment "1" Those appointed shall serve at the pleasure of the Chief of Police and may be demoted to their previously held civil service rank without cause. All assignments or lateral transfers within the department are at the sole discretion of the Chief of Police. If a demotion of an appointee would cause another to be demoted, the City shall authorize one additional staffing position in order to avoid bumping. Additional demotions after the first will 14 require incumbent to be bumped. The City may reduce one extra staffing position later by attrition in order to return to the previously authorized number of positions. In the event a "bump" demotion occurs as a result of the Chief of Police naming his appointees to the three positions directly below the rank of Police Chief, pursuant to Section 143.014 of Civil Service, the affected demoted officer(s) will revert to their previous rank, and will retain all seniority from their previous service in the rank to which they have been demoted, as well as their service in the higher rank, for purposes of determining shift assignments based on the length of service"in rank."Any officer who is demoted to his prior rank will, for a period of twelve months, be placed on a Position Reinstatement List in order of demotion date, and shall be promoted into the previously-held higher rank without the necessity of taking another promotional examination, should a vacancy occur in the higher rank. If the Chief makes known to the bargaining unit his intent to fill any or all three of the appointed positions or to reappoint in the event of a vacancy, and no bargaining unit member applies for such appointment within 30 days of notification, the Chief may consider appointment from outside the bargaining unit for that position on that occasion Section 5 If applicable, a re-opener is hereby authorized during the second year of the contract for the design and implementation of an assessment center process as part of the promotional process for promotable positions. Section 6 If a tie for a promotional rank occurs, the first tiebreaker shall be the raw score, then seniority as determined by this agreement. If there is still a tie, then the tiebreaker will be determined by the date his/her employment application was turned in. Section 7 Promotional examinations shall be conducted in strict compliance with Section 143.032 of the Local Government Code and the Port Arthur Civil Service Commission Rules and Regulations, 15 except as specified herein. No Police Department personnel shall actively participate in the preparation of or have prior access to the examination. ARTICLE 14 SENIORITY Section 1 Bargaining unit members shall have seniority determined by date of appointment as a Port Arthur police officer or date of rank, whichever is applicable for the circumstances as determined by language in this contract. Seniority shall be the sole factor in layoff and recall, with the least senior being first subject to layoff and the most senior first subject to recall. In the event of a tie in the seniority of two or more officers,the officer placing highest on the hiring or promotional list shall be the senior. Section 2 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. ARTICLE 15 TRAINING The City will comply with minimal TCOLE training requirements. Further the City will endeavor to provide additional training above TCOLE minimums as determined by the Police Chiefs assessment of Departmental needs. Required and approved training time will be deemed time worked. 16 ARTICLE 16 OFF-DUTY EMPLOYMENT Officers shall be permitted to work off-duty employment consistent with General Order: 200-4(attached hereto as Attachment 3). Permission to work such jobs shall not be arbitrarily withheld and no officer shall be required to perform off-duty employment. This shall not be construed to allow refusal to work overtime. Off-duty employment not related to police work shall be permitted except in cases where such employment would adversely affect the officer's ability to perform his duties as a police officer. Officers permitted to take an off-duty assignment outside the City of Port Arthur shall not wear the City of Port Arthur police uniform unless specifically authorized by the Chief. ARTICLE 17 GRIEVANCE PROCEDURE Section 1 (Scope of Procedure) A grievance is defined as a claim that an express provision of this agreement has been violated. Only grievances involving the interpretation, application, or alleged violation of a specific clause of this agreement may be submitted to the grievance procedure. Section 2 (Time Limits) The parties shall adhere to the time limits as set forth in the procedure. In the event the employee or Association fails to meet the time limits at Step One (1) of the procedure, the grievance shall be considered satisfied and no further action shall be taken. Failure by the Association or the City to meet the time limits at any other step shall be considered an unsatisfactory response and shall automatically allow the grievance to proceed to the next step. Any deadline or time restrictions set out in this Contract with respect to grievance proceedings may be modified by written agreement of the parties, however,neither party may be compelled to waive its right to insist upon the deadline and time restrictions provided herein. 17 Section 3 (Steps) A grievance as defined above shall be handled as follows: Step 1. Each employee is encouraged to attempt an informal solution to impending grievances by verbally apprising his immediate supervisor of same as soon as is possible. If the dispute is not resolved by the supervisor, or if the employee chooses to by-pass an informal resolution attempt, he shall submit the issue in writing to Association Grievance Committee or the Association President, within seven (7) calendar days of the employee's actual or constructive knowledge of the occurrence of the event causing the problem. The Association Grievance Committee shall meet and determine if a grievance exists within fourteen (14) calendar days of submission by the employee. In the event that the Grievance Committee decides that a grievance exists, the Association, representing the aggrieved employee, shall proceed to Step 2. In the event that the Grievance Committee decides that no grievance exists, there shall be no further action taken under this procedure. Submission of the grievance by the Association at Step 2 within twenty-one(21) days of the employee's actual or constructive knowledge of the occurrence of the event causing the problem, shall be considered proof of compliance of the seven (7) and fourteen (14) day time limitations at this step. Step 2. If a grievance is believed to exist, it shall be presented in writing to the Chief and shall include (1) a statement of the grievance and all facts on which it is based; (2) the sections of the Agreement which have allegedly been violated; (3) the remedy or adjustment, if any, sought; and (4) the employee's signature; and (5) the date and the signature of the Chairman of the Association's Grievance Committee and/or the President of the Association. The Chief shall have fifteen (15) calendar days to act on the grievance and render a decision in writing to said Chairman and/or the President of the Association. 18 Step 3. If the grievance is not resolved at Step 2,the matter shall be submitted in writing to the City Manager within seven(7) calendar days from receipt of the decision at Step 2. The City Manager shall submit a decision in writing within twenty(20) calendar days to the Chairman of the Association's Grievance Committee and/or the President of the Association. If the grievance has not been settled at Step 3, the Association shall have ten (10) calendar days from the date the City Manager submits his written decision to the President and/or Grievance Committee Chairman of the Association, in which to appeal the grievance to arbitration for adjustment. The appeal shall be submitted in writing to the City Manager. Section 4 (Special Grievances) The President of the Association or his designee may file a class action grievance on behalf of any bargaining unit members pursuant to this Article. Section 5 (Arbitration) If a grievance is submitted to arbitration, the City and the Association shall attempt to agree within five (5) calendar days upon an arbitrator. For this purpose the parties may agree in writing to utilize one or more arbitrators for a specified period of time. In the event that an arbitrator is not selected by the parties within five (5) calendar days, a list of seven (7) arbitrators who are active members of the National Academy of Arbitrators shall be requested jointly or by either of the parties from the American Arbitration Association (AAA). Within five (5) working days from receipt of the list, the Association and the City shall alternately strike names on the list and the remaining name shall be the arbitrator. The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association. The parties, by mutual agreement, may request that the hearing be held in accordance with the Expedited Labor Arbitration Rules. The Arbitrator shall not have the power to add to, amend, modify, or subtract from the provisions of this Agreement in arriving at this decision on the issue or issues presented and shall confine his decision to the interpretation of this Agreement. The Arbitrator shall be confined to the 19 precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him. The decision of the Arbitrator shall be final and binding upon the City and the Association. Provided, however, the parties reserve the right to appeal to the District Court in Jefferson County, Texas, on the grounds that the arbitrator was without jurisdiction or exceeded his jurisdiction or that the decision was procured by fraud, collusion or other unlawful means. The costs of the Arbitrator shall be shared equally by the parties. Any other costs shall be assumed by the party incurring such costs, except that employees of the City of Port Arthur who are called as witnesses for either side shall not be penalized by attendance at a hearing while on duty. ARTICLE 18 WAGES Section 1 Wage Increases shall be provided as follows: • Fiscal Year 2018/2019 — two and a half (2.5%) wage increase in base salary for regular hours of work. • Fiscal Year 2019/2020 — two and a half (2.5%) wage increase in base salary for regular hours of work. Monthly base salaries for regular hours of work effective 10/01/18 through 09/30/20: 10/01/17 10/01/18 10/01/19 Police Officer Entry 4,308.94 4,416.66 4,527.08 1 Year 4,833.74 4,954.58 5,078.45 2 Years 5,024.44 5,150.05 5,278.80 5 Years 5,222.78 5,353.35 5,487.18 7 Years 5,429.03 5,564.76 5,703.87 20 10 Years 5,577.41 5,716.85 5.859.77 12 Years 5,800.52 5,945.53 6,094.17 15 Years 6,032.52 6,183.33 6,337.92 20 Years 6,273.85 6,430.70 6,591.46 Sergeant Entry 6,833.70 7,004.54 7,179.66 5 Years 7,070.45 7,247.21 7,428.39 Lieutenant Entry 7,438.65 7,624.62 7,815.23 5 Years 7,678.42 7,870.38 8,067.14 Captain Entry 7,766.34 7,960.50 8,159.51 5 Years 8,002.40 8,202.46 8,407.52 Section 2 Annual regular hours are based on 40 hours per week for total annual regular hours of 2,080 hours for all bargaining unit personnel. Section 3 City of Port Arthur Police Officers who provides proof of receipt of certification at the following levels shall receive certification pay in the amounts, only at the highest level of the following certification/incentive pay tracks: A. POLICE OFFICER LEVEL CURRENT Intermediate $100.00 Advanced $200.00 Master S300.00 21 All certifications shall be issued by TCOLE. Officers who pay the thirty-five dollar($35.00) administrative fee and receive the Master Police Officer certification from TCOLE will be reimbursed the thirty-five dollar($35.00) administrative fee. B. DEGREE LEVEL CURRENT Bachelor's Degree $200.00 Master's Degree $300.00 All degrees shall be from an institution accredited by one of the six (6) regional accreditors for higher education in the United States of America. Track A and B cannot be combined. Officers may choose the track most suitable for their career and professional development. Section 4 The City will issue paychecks based on a two-week pay period. Section 5 Employees who work the evening shift shall receive the following shift differential: $.45/hour for each hour worked Employees who work the graveyard shift shall receive the following shift differential: $.50/hour for each hour worked ARTICLE 19 ASSIGNMENT PAYS Officers assigned to specialized units shall receive additional compensations as follows: Section 1 (Field Training Officer Pay) The Chief shall compensate Field Training Officers an additional One Hundred Dollars ($100.00)per month for service as Field Training Officer. Section 2 (Swat Team Pay) The Chief shall compensate SWAT Team Officers an additional One Hundred Dollars ($100.00)per month for service as SWAT Team Officer. 22 Section 3 (Hostage Negotiations Team Pay) The Chief shall compensate Hostage Negotiations Team Officers an additional One Hundred Dollars($100.00)per month for service as Hostage Negotiations Team Officer. Section 4 (Accident Reconstruction Team Pay) The Chief shall compensate Accident Reconstruction Team Officers an additional One Hundred Dollars ($100.00)per month for service as Accident Reconstruction Team Officer. Officers are limited to a maximum additional compensation of Two Hundred ($200.00) per month regardless of the number of assignments in which they participate. ARTICLE 20 COURT PAY Officers required to attend court or any other hearings as a result of employment as a police officer during off-duty time shall be paid at the rate of time and one-half with a two (2) hour minimum. Regular duty time spent in court will be paid at straight time. In cases of out of town appearances the actual time spent traveling to and from court shall be treated the same as time spent in court. ARTICLE 21 BILINGUAL PAY Officers demonstrating bilingual proficiency in a second language shall receive an additional One Hundred Dollars ($100.00) per month, in addition to any other compensation they may receive. The process for demonstrating bilingual proficiency and the number of officers to receive bilingual pay shall be determined by the City. The Chief of Police will provide a list of approved languages for which officers shall receive the bilingual pay rate. Bilingual pay status, once attained, shall not be taken away without recourse by the affected employee, if desired,to the Grievance Procedure, Article 17,of this agreement. 23 ARTICLE 22 PER DIEM Per Diem will be paid to Association members in accordance with city travel policy. ARTICLE 23 RESIDENCY INCENTIVE The City will provide$2,500.00 (subject to applicable taxes) for down payment and closing cost expenses to those employees who elect to purchase and move into a home in a non-target area of the City. The City will provide$4,000.00 (subject to applicable taxes) for down payment and closing cost expenses to those employees who elect to purchase and move into a home in a target area of the City as denoted in Attachment 2 to the contract. It is the intent of this Article that employees shall qualify for moving cost reimbursement expenses, and down payment and closing cost assistance only once during the employee's employment history with the City. The City will provide $500.00 in moving cost assistance to employees who elect to move into the City and rent or lease residence, plus $100.00/month rental assistance for those that rent/lease in a non-target area,or$200.00/month for those that rent/lease in a target area. For those employees who own and reside within the City, the City will provide $150.00/month housing expense to those who reside in a non-target area and $300.00/month to those employees who reside in a target area. Employees moving into the City and receiving monies for either down payment and closing cost expenses, or moving cost assistance as delineated above who move out of the City within three (3)years of receipt will be required to pay back to the City a pro rata share of the amount received. NOTE: Residency Incentive Chart included as Attachment 2 — shaded portions indicate the target areas. 24 ARTICLE 24 ANNUAL LEAVE (VACATION/HOLIDAYS) Section 1 The City shall provide each officer with annual leave in accordance with the following schedule: Completed Years of Service Vacation Holidays Total 1 through 9 15 Days 10 Days 25 Days 10 through 19 21 Days 10 Days 31 Days 20 through 24 27 Days 10 Days 37 Days 25 or more 30 Days 10 Days 40 Days Section 2 Officers are encouraged to use their paid time off. However, the Chief may permit officers to carry over up to fifteen (15) days. Such permission shall not be arbitrarily withheld and if such permission is denied the officer shall receive compensation for such time up to fifteen (15) days at straight time,unless time exists in the year to schedule the time off. Section 3 With approval, annual leave may be taken one day at a time. Such approval shall not be arbitrarily withheld. Section 4 Upon separation from employment, officers shall be paid for all accrued, earned, unused, annual (i.e. vacation, holidays, and compensatory time) leave at the straight time rate. If more annual leave is used than earned, the officer shall remit the appropriate pro rata amount to the City. In the event that an officer is killed in the line of duty, the City shall pay to the officer's beneficiary all accumulated vacation, holiday, compensatory and sick time within two regular City pay periods. ARTICLE 25 SICK LEAVE Section 1 Sick leave shall be accumulated and paid in compliance with the Texas Local Government Code, Section 143.045 except as otherwise agreed to in this Article. Sick leave is to be used for the 25 purpose of providing wage continuation when an employee is incapacitated due to a bona fide illness, medical treatment, and for exposure to contagious disease when the employee's presence and duties may jeopardize the health of others. Section 2 At the time of termination, Officers hired on or before May 31, 1989, shall be paid, as a part of his terminal pay, for any unused accumulated sick leave, not to exceed 1500 hours and $0.50 on the dollar for all hours earned over 1500 hours. Those Officers hired on or after June 1, 1989, shall be paid for unused, accumulated sick leave,not to exceed 1120 hours and $0.50 on the dollar for all hours earned over 1120 hours. Those Officers hired on or after October 1, 2011, shall be paid for unused, accumulated sick leave,not to exceed 720 hours. Section 3 As a condition to receiving paid sick leave, the employee must notify an on-duty supervisor of his absence as early as possible. It is expected this notification will not be less than one hour before his regularly scheduled starting time. Section 4 The City may at any time require an employee to submit documentation attesting to the necessity of the employee to be absent from work on account of illness or injury for more than five consecutive days. The City reserves the right to other verification to ascertain whether a bona fide illness exists if the employee is on sick leave more than five consecutive days or the City reasonably suspects the employee of sick leave abuse. The City may request employees to advise of their whereabouts during sick leave. Section 5 Sick leave shall accrue according to the following formula: 1.25 days for each month employed in a calendar year(maximum of 15 days for 12 months). Section 6 Any unapproved use of sick leave may lead to disciplinary action up to and including discharge. 26 ARTICLE 26 FUNERAL LEAVE Section 1 In the event of a death in the immediate family of an employee covered by this agreement, the employee shall be granted up to three (3) calendar days off, with pay, at the time of the emergency. Immediate family shall be defined as follows: spouse and children, mother, father, brother, sister, and grandparents of the employee and the employee's spouse. Section 2 All leaves under this clause shall be approved by the Chief or his designated representative. ARTICLE 27 COMPENSATORY/OVERTIME PAY All work performed by an officer in excess of forty(40)hours during the normal work week shall be deemed overtime and shall be compensated on the basis of time and one-half the officer's regular rate of pay in salary or compensatory time. Officers shall qualify for overtime compensation only when they have been actively at work for forty(40) hours during the work week. Each officer may elect which method of compensation he prefers for each instance of overtime worked, except that the City will limit accumulation of compensatory time to one hundred sixty (160) hours. Excused absences with pay (i.e. vacation, holiday, sick time, compensatory time, death in family leave) shall not be deemed as days worked for purposes of qualifying for overtime at the rate of time and one-half, provided, however, that officers held over shall qualify for overtime pay at 1 '/2 times their regular pay rate without regard to the 40 sweat hour per week requirement. The following are additional exceptions to the 40 sweat hour per week requirement: • Unforeseen incidents requiring responses that the City will be reimbursed in full; and • Grants or programs that allow for full reimbursement to the City. 27 Officers with current balance over 160 hours at the time of the ratification of this Agreement, the City will pay the officer at their current hourly rate for the accrued time over 160 hours. Employees who are called back to work from off-duty shall be guaranteed a minimum of two hours. Upon termination from employment with the Department. an officer will be paid in full for all compensatory time accumulated under this section. ARTICLE 28 JURY DUTY When an officer is summoned to jury duty on a work day, the Officer will comply with the City's Jury Duty policy as described in the City's Personnel Manual. ARTICLE 29 LEAVES OF ABSENCE Section 1 (Unpaid) The City will consider written requests for unpaid leaves of absence. If granted,no benefits accrue or are payable during an unpaid leave of absence. The City has the discretion to approve any and all requests for leaves of absences. Section 2 (Military Leave) Any officer serving in any branch of the armed services reserves who is called to active duty due to a declared national emergency shall receive differential pay from the City for a period of up to ninety (90) days. Such differential pay shall be equal to the difference between the regular pay that the officer would have been entitled to while working, and the total pay and allowances that are received for the military service. The City shall not provide such pay for voluntary enlistment or draft. 28 ARTICLE 30 DISCIPLINARY ACTIONS It is intended that disciplinary actions taken under this article comply with the provisions of the Local Government Code, Chapter 143, except that disciplinary appeals shall be made exclusively to hearing examiners in accordance with Local Government Code §143.057,and officers shall have no right to appeal disciplinary actions to the Civil Service Commission. ARTICLE 31 BILL OF RIGHTS Section 1 (Notification) The provisions of this article apply at the initiation of any investigation which a reasonable person could believe will lead to discharge or criminal prosecution of an officer, and the officer shall be notified of such investigation as soon as practical. If such notification would compromise the investigation,this notification requirement does not apply. Unless the Chief of Police or his designee finds in his sole discretion that disclosure of documents, names, and evidence may pose a danger to the community, would interfere with a criminal investigation, would be a danger to a confidential informant or could cause retaliation, the officer should be allowed to inspect the evidence and documents in an investigation. If the Police Chief, or his designee, denies disclosure of information, documents, etc. under this section, the officer shall have the right to appeal the Chiefs decision to the Civil Service Commission. Said appeal must be filed with the Civil Service Commission within five(5)days after the officer knew, or should have known, of the Chiefs denial. The Commission shall determine the validity and/or reasonableness of such denial. The Commission's decision shall be final. Section 2 (Conduct of Interview) An interview of an officer under investigation shall take place at the police department unless another location is warranted by the facts. 29 The officer may have a representative of his choice present during questioning if he so requests. The officer shall be informed of the identity of all persons present in the room during the interrogation. The officer shall be informed of the general nature of the investigation, and sufficient information to reasonably apprise the officer of the allegations shall be provided,if known. 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. The officer shall not be subjected to any abusive language, nor shall he be threatened with transfer, dismissal or other disciplinary punishment, except that the investigator may inform the officer that his conduct can become the subject of disciplinary action resulting in disciplinary punishment. No promise of reward shall be made as an inducement to answering questions. The officer shall be given an exact copy of any written statement he may execute. Section 3 (Right to Contact Attorney) If an officer is under arrest or is likely to be,that is if he is suspect or the target of a criminal investigation,he shall be given his rights required by the Miranda Decision and its progeny. Section 4 (Notification of Findings) The Chief shall provide written notice in a sealed envelope to the individual officer of the final status of any formal written complaint filed and pursued by a complainant with the police department. Section 5 (Use of Polygraph) A. A police officer employed by the City of Port Arthur, Texas Police Department may not be required to submit to a polygraph examination as part of an internal investigation regarding the conduct of the police officer unless: 30 1. The complainant, upon providing a sworn statement, submits to and passes a polygraph examination and, if applicable, the department head has complied with Paragraph B below; or 2. The police officer is ordered in writing to take an examination under Paragraph E below. B. The department head shall, on the written request of a police officer, provide to the police officer the complainant's polygraph examination results, including complainant's questions and responses, within 48 hours after the request. C. A person passes a polygraph examination if, in the opinion of the polygraph examiner, no deception is indicated regarding matters critical to the subject matter under investigation. D. The results of a polygraph examination that relate to the complaint under investigation are not admissible in a proceeding before the commission or a hearing examiner. E. The department may order a police officer to submit to a polygraph examination if the department head considers the circumstances to be extraordinary and the department head believes that the integrity of a police officer or the department is in question. However, before the department head actually issues the order to compel the police officer to submit to a polygraph examination, the department head shall first deliver to the police officer his written notice of intent to issue such an order with copy to the City Manager of the City of Port Arthur, Texas. Said notice to be dated and the time therein noted when such notice is delivered to the police officer. If, and in the event,the police officer considers the proposed order to be issued by the department head to be unjustified, the police officer individually and/or through his designated representative(s) may submit his oral or written objections to such proposed order to the City Manager, or his designee, of the City of Port Arthur within forty-eight(48)working hours(not to include Saturday, Sunday, or City holidays) after 31 receiving the notice of intent to order polygraph examination. The department head, shall submit to the City Manager of the City of Port Arthur his oral or written position why such order should be issued, if, and in the event, the police officer objects to the issuance of the order. The City Manager of the City of Port Arthur shall within 24 hours after the evidence submitted to him by both parties and after listening to any oral presentation requested and having considered the applicable law of the State of Texas regarding the subject matter in question, render his written decision as to whether the department head's order shall or shall not be issued. The written decision of the City Manager shall be directed to the department head. If it is the City Manager's decision that the department head be authorized to issue the requested order ordering the police officer to submit to polygraph examination, then the police officer shall submit himself/herself to the ordered polygraph examination. An officer shall have a minimum of 72 hours notice prior to a final order to submit to a polygraph examination. However, if it is the City Manager's decision that the department head shall not be authorized to issue the order ordering the police officer to submit to polygraph examination the police officer shall not be required to submit to the polygraph examination. This will not, however,bar the department head from requesting further or future orders regarding the use of polygraph examination in the particular matter under investigation. The order and results of the polygraph examination shall be held in the strictest confidence. Section 6 (Infringement on Employer's Power) This article is not intended to infringe upon the employers right and power to fully investigate matters it deems important, nor the right and power of the employer to discipline employees. 32 Violations of the provisions of this Article may be raised in arbitration hearings; however, disciplinary actions shall not be overturned solely upon a violation of this Article unless such disciplinary action was based primarily upon facts derived from such violation of this Article. ARTICLE 32 MEDICAL AND DENTAL INSURANCE Section 1 The City shall provide all employees who are in the bargaining unit with the individual employee and family medical and dental insurance. The City shall pay the full cost of the employee coverage and fifty percent (50%) of the family coverage premium, except that premiums paid by bargaining unit members shall not exceed those paid by non-civil service employees. The selection of insurance carrier and the determination of the level of benefits provided shall be at the discretion of the Employer. ARTICLE 33 BULLET PROOF VESTS The City shall provide to each officer,upon employment, an effective bullet proof vest. These vests shall be replaced by the City after five(5) years use or sooner in cases where excessive wear renders the vest ineffective for its intended purpose. Said vests shall meet or exceed National Institute of Justice standard 0101.03. ARTICLE 34 RETIREMENT Section 1 Each officer who retires from the force shall be given a retirement badge at no charge. Section 2 The City of Port Arthur will retain a twenty (20) year/any age retirement option with the Texas Municipal Retirement System. 33 ARTICLE 35 PATROL CAR PROTECTIVE CAGES Protective cages shall be installed in all marked patrol vehicles in which officers are required to transport prisoners. Cages shall be replaced when an officer's rear vision is significantly impaired due to wear, scratches, etc. ARTICLE 36 CLOTHING AND EQUIPMENT Section 1 The City shall issue to each officer upon employment, 5 long sleeve and 5 short sleeve uniform shirts, 5 pairs of uniform pants, 1 light jacket, 1 heavy coat or 1 combination jacket with removable liner, 1 set of appropriate "Sam Browne" leather gear, 1 slicker suit with cap cover, and 1 impact weapon. In addition, upon hiring of new officers or upon transfer to new duty assignment, the City agrees to equip (at no cost to officer) all officers with the equipment and gear necessary to perform their duties. Each officer's equipment and gear shall include: A. Pistol holster; B. (1) Two magazine ammo carrier; C. (1) Set of approved handcuff with keys; D. (1) Handcuff case; E. Pepper Spray; F. (1) Approved impact weapon and holder; G. (4) Belt keepers; H. (1) Firearm holster, ammo pouch, (1) Badge holder for Detectives/non uniform Officers; I. Portable Radio (w/holder and charger); J. K-9 related equipment as deemed necessary by Chief of Police and the City; K. (1) Reflective traffic safety vest; L. (1) Uniform name tag; M. (1) Uniform shirt badge; N. (1) Uniform hat badge; 34 0. (1) Uniform collar pins and rank insignia; P. Rank Insignia patches for all issued uniform shirts; Q. Uniform patches for all issued shirts/coats/jackets; R. Police ID Card; S. Service Pin(s) recognizing continuous service in five(5) year increments; and T. Flashlight, flashlight charger, flashlight holder. Section 2 All officers shall receive $750.00 annually, paid quarterly, as a clothing allowance to cover assignment specific uniform shirts, pants and armorskin. The City shall provide an employee, who is transferred to a plainclothes assignment, six hundred dollars ($600.00) to purchase clothing appropriate for the position. The employee shall provide the City with proof of purchases. Uniformed officers may wear black tennis or court type shoes, military dress shoes, Wellington boots, or combat style boots. Normally short sleeve uniform shirts, without tie shall be acceptable wear, however the Chief or his designee may require long sleeve shirt with tie on occasions he deems appropriate. Section 3 The City will issue all officers a medical kit to include, but not limited to, an Elite First Aid C-A-T Tourniquet or similar quality product; Quick Clot Combat Gauze or similar quality product; sterile gauze and Flex Bandage(Vet Wrap). The City agrees to continue its current practice of allowing certain use of City-issued items (such as City-issued uniforms,police department vehicles, and related items) for use by Department employees on outside jobs, as deemed appropriate in the discretion of the Chief of Police. ARTICLE 37 PSYCHOLOGICAL SERVICES In all cases where an officer who, in the performance of his duty,takes the life of or causes the serious injury of another person, or is seriously injured as the result of the overt act of another 35 person, he shall undergo a counseling session with a City appointed psychologist or psychiatrist at the expense of the City, as soon as is possible after the incident. The officer may request to use a psychologist or psychiatrist of his/her choice, if approved by the City. Said services would be at City expense. If it is determined by the treating practitioner that further counseling is appropriate, it shall be provided at City expense. The City shall be provided with the anticipated number of sessions and the estimated time to complete these sessions. Such counseling, including the initial counseling session, shall not be related to any Department investigation and nothing discussed within the mental health information privilege, as defined by state law may be reported to the Department, except that if an officer undergoes extended treatment, information concerning anticipated length, dates, and times of treatment may be provided by the psychologist or psychiatrist to the City upon request. Any time lost as a result of such treatment shall be at the expense of the City. Serious injury shall mean the same as serious bodily injury as defined in the Texas Penal Code. Officers shall sign a release of information document; however, such release shall be limited to: information directly related to the incident, or incidents, which gave rise to the referral and the ability of the officer to safely and competently execute the duties of a peace officer without danger to himself or others. ARTICLE 38 FAMILY MEDICAL LEAVE ACT All employees are subject to Section 17-82(h)Family Medical Leave Act Policy. ARTICLE 39 ASSOCIATION LEAVE The Association shall be granted a maximum of one hundred fifty (150) hours to the Association Leave Pool at the beginning of each fiscal year (of the contract term, 10/01/18 and 09/30/20) for use by employees designated by the Association to attend Association,pension, and 36 job related schools, conferences, official Association business and conventions for each contract year. In addition, this Pool shall be charged with time taken under Article 5, Association Rights. Any unused time shall expire ninety (90) days after the end of the fiscal year in which it was awarded. The Association must obtain the Police Chiefs approval, which shall not be unreasonably withheld, prior to using Association Leave Pool time pursuant to this Article. In no event shall the Association's use of Association Leave Pool time pursuant to this Article require any cash payments and/or overtime payments by the City. ARTICLE 40 SAVINGS CLAUSE Should any provision of this Agreement be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, it being the intention of the parties that no portion of this Agreement or provision herein shall become inoperative or fail by reason of the invalidity of any other portion or provision. ARTICLE 41 DRUG AND ALCOHOL POLICY Random Drug and Alcohol Testing. In addition to the Police Department's Rules and Regulations, policies and procedures related to drug and alcohol use and testing, there shall also be random testing as follows: All police officers/sworn personnel of the department shall be tested on a random basis for drugs and alcohol (to include screening for Benzodiazepines and Carisoprodol) during the calendar year January 1 through December 31. Additionally, the City shall randomly test a minimum of 60% of all police officers during a one year period. All testing will be performed at City expense. All testing will be split sample testing and at a SAMHSA or equivalently certified lab. 37 In the event of a critical incident or reasonable suspicion of drug or alcohol use, the City may use a licensed medical facility for testing. This testing covers alcohol, all controlled substances, inhalants, all drugs legal & illegal, which could impair an employee's ability to effectively and safely perform the functions of his/her job. In the event of a critical incident, automobile accident, or reasonable suspicion of drug or alcohol use,the City may use a licensed medical facility for testing. Reasonable suspicion shall be based on objective facts and/or observation of employee conduct and behavior while on the job. For the purposes of guidance but not limitation, the following factors may be considered, along with circumstances in each case, in determining whether or not reasonable suspicion exists: • Presence of physical symptoms of drug and alcohol use (i.e. glassy or bloodshot eyes, slurred speech,alcohol odor and breath, poor coordination and/or reflexes) • An unusual on-the-job accident or injury • Erratic or bizarre behavior • Unprovoked physical or verbal altercation • Possession of opened containers of alcohol or illegal drugs • Written information obtained from a reliable person with personal knowledge • Self-admission of intoxication or being under the influence of illegal drugs or abused legal drugs • Direct observation of alcohol use or possession on the job • Direct observation or knowledge of unlawful manufacture, distribution, dispensing, possession,or use of illegal drugs or controlled substances on the job. 38 ARTICLE 42 INCLEMENT WEATHER In case of a major disaster which is of such severity and magnitude to warrant complete closure of normal City operations employees will receive, in addition to pay for actual time worked, inclement weather pay in the amount of eight (8) hours per day for each day acting as emergency service workers during the disaster. Any employee who is off or scheduled to be off on sick leave or disciplinary leave without pay during a period of emergency closure shall have their leave recorded as such. An employee who is off on paid leave may be required to return to work immediately. An employee who fails to return to work as scheduled/requested during inclement weather or disaster may be subject to disciplinary actions,up to and including termination. ARTICLE 43 LONGEVITY The City shall pay the employee, in addition to his/her regular salary and any other compensation, five (5) dollars per month for each year of service in the department to a maximum of twenty-five(25)years of service. ARTICLE 44 FITNESS CHALLENGE PAY The City of Port Arthur and Association agree that the provision of optima;policing service to the citizens of Port Arthur is enhanced by encouraging officers to attain and maintain physical fitness. In order to achieve this goal the City will have administered twice a year a voluntary physical examination. The final elements of the examination will be determined by agreement of the City of Port Arthur and the Association,but will at a minimum provide the following: A. The examination will be based on a nationally accepted standard such as the most current version of the Cooper Fitness Test or agreed equivalent. 39 B. Participants will be tested based on age and gender appropriate criteria. C. Participants successfully passing the test at the sixtieth (60th) percentile will receive additional pay of$125.00 per test administration. D. Participants successfully passing the test at the seventieth (70°i) percentile will receive additional pay of$250.00 per test administration. E. The annual maximum pay is$500.00. F. The City will to the extent possible hold the examination annually in the months of October and April; the schedule will be posted annually. ARTICLE 45 FULL AND FINAL SCOPE OF THE AGREEMENT The parties agree that each has had the full and unrestricted right and opportunity to make, advance, and discuss all matters properly within the province of collective bargaining. Subject to the terms therein, the above and foregoing Agreement constitutes the full and complete Agreement of the parties and there are no others, oral or written, except as herein contained. Each party for the term of this Agreement specifically waives the right to demand or bargain for changes herein, whether or not the subjects were known to the parties at the time of execution hereof as proper subjects for collective bargaining. 40 This Agreement has been executed this day of , 2018, in duplicate counterparts. APPROVED: CITY OF PORT ARTHUR PORT ARTHUR POLICE ASSOCIATION Mayor President City Manager Secretary City Secretary Member 41 ATTACHMENT 1 RELEASE OF LIABILITY AGREEMENT I, , (known herein as ) in consideration for the joint promises herein made which such consideration the receipt and sufficiency of which is hereby acknowledged do hereby agree to the following: 1. has accepted the appointment to at the Port Arthur Police Department and recognizes such position is an "at will" position within the management of the City of Port Arthur and that he/she has no "tenure" in the present position. The position is not represented by the Port Arthur Police Association nor is a person appointed to that position covered by the Labor Agreement between the City of Port Arthur and the Port Arthur Police Association. Therefore, I hereby release the Port Arthur Police Association and indemnify them from any and all liability for any claim we or any of us might have arising out of the Port Arthur Police Association's alleged breach of its duty of fair representation or arising out of any related affirmative claim for not representing me in collective bargaining negotiations as required by State law, or for not representing me under the grievance procedures as set forth in the Collective Bargaining Agreement between the City of Port Arthur and the Port Arthur Police Association. 2. I hereby voluntarily relinquish any and all rights and benefits set forth and granted under the existing Collective Bargaining Agreement between the City of Port Arthur and the Port Arthur Police Association, including but not limited to inclusion as a member of the collective bargaining unit; coverage under any and all wage plans and any other fringe benefits therein, either of a direct or indirect nature (including but not limited to insurance plans/premium payments, work hours, clothing allowance, leave time, holidays, overtime pay, call-back and standby pay, longevity pay, and certification pay); and the right to file any and all grievances pursuant to Article _ of the Contract alleging a violation of the Collective Bargaining Agreement, for events occurring while I held the position of 3. Except as provided in Section 4 below, I,by execution of this Agreement, do not relinquish any of my rights under the civil service provisions of the State law, including but not limited to Section 143.014 dealing with the right upon either the voluntarily or involuntarily relinquishing of the position of to assume the position of within the Port Arthur Police Department. In such event, I will have the full protection of the Port Arthur Police Association from and after the effective date that I assume such position without the requirement of payment of any backdues, assessments, charges or other penalties of any type. 4. I, by execution of this Agreement, agree that my position is exempt under the Fair Labor Standards Act and is not subject to the overtime requirements of said Act. Further, by execution of this Agreement I relinquish all rights to overtime or compensatory time provided by any civil 42 service laws. Specifically, by execution of this Agreement, I hereby relinquish any and all rights that I might otherwise have under Sections 142.0015 and 142.0016 of the Local Government Code. 5. I hereby retain the right to voluntarily resign my position as and, in the event, reassume the position of with full protection by the Port Arthur Police Association from and after the effective date that I assume such position without the requirement of payment of any back-dues, assessments, charges or other penalties of any type. EXECUTED this_day of . By: ACCEPTED: PORT ARTHUR POLICE ASSOCIATION By: Association President ACCEPTED: THE CITY OF PORT ARTHUR By: City Manager 43 SLL g fly a , gyy� .E m I m in + y, T":1) - o \701911P 1DuI oeli4:: ' )ik N • tC'm a EDO 0� ,.,7\ , , U 1. i Al; z./ .d ^� N 1 ‘... ii,,, ;, i .11 :1 -- i 1 ._.., _...__ . ,, r. — MEW • mi. s . , .4 ,....... ._...... . i .,,.... ,. .._,-......, .. .,,. * ,..... _ . .. . . . . . ..... . ..... , _T.._ . M 17111, . \ -•• ‘ ,.:, a .,: ...., ,.......: ,. . . , h. P. ' -- i -:1*-:-, Mil 101 N 41 8 • 'le - ■ N ~ • f .- -- ' ass 1 .. �e 04 -__-_".-..-_— _tom_ l.' .- e w .1 ti ' L. __ ill . .. I , . '‘F I 14\\ 3 t - Port Arthur Police Department _ General Order subsea 200-4 Off Duty Employment t:n'cctive Date I Rcvie, ed Date Revised Date October 27,2017 'MCA Recognition Progrmo Standards ( AL E%St:Ind4rd 4.05 1pprnvcd�� I ('ornmen i. hy��i/ _Il PURPOSE To establish a set of guidelines by which off-duty employment by Port Arthur Police Department personnel is conducted, and to establish a system of approval for requests by officers to engage in off- duty employment. The individual police service needs of certain citizens engaged in retail,educational, and industrial businesses, as well as those engaged in special events exceed the degree and depth of service that the Port Arthur Police can provide on a regular basis. However,the Port Arthur Police Department realizes the needs of these special circumstances and realizes that these groups should be entitled to a certain level of enhanced police service at these businesses and/or functions. With the intent on further serving the community and the citizens of Port Arthur. it shall be the policy of the Port Arthur Police Department to permit police officers to engage in performing off-duty police duties for private interests in the city of Port Arthur under certain circumstances. DEFINITIONS 1. Off-Duty employment- Employment by a Port Arthur Police Department employee that is conducted outside of the employee's regular duty hours for or at the request of someone other than the City of Port Arthur,and for which the employee is compensated by someone other than the City of Port Arthur. This employment may be police related or it may not be police related. 2. Police-related off-duty employment- Employment as described in section I-A of this order which is performed while acting as a police officer, exercising official authorities of that office, and conducting business consistent with or similar to that of an on-duty police officer. This includes, but is not limited to retail security,campus security,event security, standing security guard posts,dignitary protection,traffic control or direction,and vehicular escorts. 3.Non-police-related employment-Employment as defined in section I-B of this order wherein the officer is engaging in a business that is not related to law enforcement or any activity that is consistent or similar to the work of a police officer. I. PROCEDURES A. Police Related Employment 1. Port Arthur police officers are permitted to work outside their duty hours in the capacity of a police officer provided that this employment does not interfere with the performance of their duties as a police officer with the city. Officers are not allowed to work any off-duty work if an officer has used city sick time within the past 24 hours of the scheduled off-duty job. Officers who are not allowed to work in their regular assigned duty with the city due to an injury shall not work off-duty. Page 1 of 7 2. The police officer working off-duty as a security guard is covered for worker's compensation benefits through the City only when an injury is sustained while responding to the commission of a criminal offense that requires that the police officer act pursuant to their commission as a peace officer to enforce the laws of the State of Texas. Appendix A sets out the duties and obligations of off-duty peace officers to enforce these laws. Unless the officer is needed to respond to the commission of a felony or breach of the peace,the officer shall not be asked to lift any heavy objects or do other strenuous physical activities that may lead to an injury. 3. Permission to work off-duty shall not be arbitrarily withheld and no officer shall be required to perform off-duty employment. The Chief of Police reserves the authority to reject any request for off- duty employment when he deems that the employment would compromise the officer's ability to perform his job effectively and objectively,or when engaging in this employment would put the officer or the Department in a morally questionable position. Furthermore, employment may be denied if the off-duty employment requires any special consideration be given to the officer for his regular scheduled duty hours. All requests for off-duty employment are to be submitted on the Application for Off-Duty Employment form (Appendix B). a. The approval of the Chief of Police can be rescinded at any time. b. Written permission is not required from the Chief of Police to work off-duty police related assignments that come from the off-duty rotation list. c. In the event of short notice requests for off-duty police related service and there is not sufficient time to obtain approval from the Chief of Police,the Field Operations Division Shift Commander on duty may verbally approve a request for an officer to engage in off-duty police related employment. This approval shall be for one assignment and one occasion only and if this assignment is to continue,written approval must be requested and obtained before the off-duty police related work can be performed again. 4. All requests for off-duty employment will be renewed the first week of January each year. B. Non-Police Related Employment 1. Employment shall not constitute any type of conflict of interest. An officer shall be restricted from taking any type of employment from any business,which the Department regulates. This includes nightclubs,taverns, lounges, or bars. It also includes any type of business, which lets vehicles for hire, such as taxi, wrecker,or ambulance companies. An officer is further prohibited from engaging in any non-police related employment,which is associated with any type of court litigation or the execution of any court-ordered process. This includes, but is not limited to employment with attorneys,or as a process server,private investigator, bail enforcement agent, bounty hunter, or skip tracer. 2. While engaged in non-police-related employment,no officer shall act as a Port Arthur police officer or as an employee of the City of Port Arthur. No officer shall wear, show,exhibit,or display any Port Arthur Police Department uniform or part of uniform, badge,insignia, or any other article,either department owned or privately owned,which would tend to identify the holder as a Port Arthur Police Officer or an employee of the City of Port Arthur. No officer shall use any Department owned property whatsoever when engaged in non-police-related employment. 3. No officer may work at a non-police related employment without first making a written application to the office of the Chief of Police and receiving express written approval from that office. All applications will be renewed January 1 of each year. Page 2 of 7 II. REQUESTS FOR OFF-DUTY OFFICERS A. Departmental Requests I. When the Department receives a request from the public for off-duty officers, the requestor shall be referred to the Field Operations Secretary. The secretary shall post all one-time off-duty employment events in an established rotation book and sign-up sheet,Appendix C,which will be posted in the division or section that has come up on the off-duty employment rotation list. The off-duty assignments shall be rotated through all divisions and sections of the Department. There shall be an open date reflected on the sign-up sheet that shall indicate when the assignment may be taken by any officer; regardless of division or assignment. 2. When the Department receives a request for off-duty officers from a requestor and that request involves a sustained work project or requires the scheduling of multiple officers, the requestor shall be referred to the Field Operations Division Commander who shall appoint an officer to coordinate,schedule, and supervise this work project. All wages due the coordinator of such a project shall be paid by the requestor. In no case shall the City or the Department absorb any of the salary expense for such a work project. 3. If a requestor contacts an individual officer to perform an off-duty assignment, the officer may do so,providing that he receives prior oral permission as described in section I-A-3-c. III. LIMTATIONS OF HOURS WORKED A.No officer shall work a total of regular police hours,overtime hours,trade hours, non-police related off-duty hours, and police-related off-duty hours in a period of time that hinders the officer's ability to be mentally and physically capable of carrying out his required police duties. This is to ensure that officers are well rested and alert for their regular duties with the department. B. The officers' supervisor shall have the responsibility of monitoring the capabilities of an officer when they report for duty. The supervisor shall make the determination whether the officer is safe and fit for duty. If the officer is found unfit for duty, the officer shall be dealt with according to the supervisors discretion and the incident be documented and forwarded to the division commander. IV. SPECIAL RESTRICTIONS AND ADHERANCE TO POLICIES A. All officers conducting police-related off-duty employment activities shall be responsible to the Field Operations Division Shift Commander on duty at the time. B. All officers engaging in police-related off-duty employment shall notify the police dispatcher of their location and status when they begin and shall again notify the dispatcher when they are ending their off- duty assignment.This notification can be by radio or telephone. C. All officers working in a police-related off-duty capacity shall adhere to all Department rules, regulations, policies,and procedures. All actions taken by an officer working in a police-related off-duty capacity must be consistent with Department policies and regulations concerning those actions. D.All officers working in a police-related off-duty capacity shall wear the appropriate uniform consistent with their rank. Approval to wear other than the regulation uniform in these situations must be obtained when permission to take the employment is requested. E. Officers shall not actively solicit employment in a police-related-off-duty capacity or hold themselves out for hire in such capacity. F. Officers are permitted to use their personal Department issued equipment for the purpose of engaging in police related off-duty employment. However, if the off-duty employment is outside the city limits of Port Arthur,the officer shall not wear the City of Port Arthur police uniform unless specifically authorized by the Chief of Police. The use of other Department owned equipment, such as vehicles, weapons, Page 3 of 7 surveillance equipment,etc. must be approved by the Chief of Police at the time that the request to engage in the employment is made. G.The Department will not be responsible for any medical bills or damage to the officers'property,while he is engaging in off-duty employment of any kind, unless they are acting in a law enforcement capacity under color of law. H. Any officer who wishes to volunteer or donate his police related off-duty services for whatever reason must apply for and receive the same approval as if the officer were being compensated for the services. I. In the event an officer does not show up for the scheduled off-duty employment,the officer will be held to the same policy as if not showing up for their scheduled time at the police department. It is the responsibility of the scheduled officer to find a replacement if he can't attend the off-duty assignment. If no other officer can be found, the scheduled officer will notify the field operations commander or shift supervisor that he will not be able to work the off-duty assignment. This notification shall be at least 2 hours before the start of the off-duty assignment. J. Apartment courtesy officers are subject to the same conditions in the above sections (A), (B), (C), (F), & (G). K. The off-duty status of an officer can be terminated immediately by a Port Arthur Police Department shift supervisor, if it is determined,in the sole discretion of that supervisor,that the police officer is needed back (recalled) for emergency duties with the Police Department. Page 4 of 7 Appendix A The duties of a police officer are determined by the applicable State statutes and by court cases that interpret those statutes. Even though an officer may be"off-duty"or employed in a"private capacity"at the time reaction to some incident is required, it is possible that circumstances dictate that he act as a police officer in the furtherance of his official duties to the public, rather than as an employee of the private employer. IN other words, coverage will depend on whether the officer's actions arose from the exercise of authority that the peace officer's commission confers upon them. For example, a peace officer that responds to the commission of a felony or breach of the peace would be acting in his official capacity as a police officer, even though the officer's involvement in the incident initially arose from the private employment. On the other hand, a police officer who, while working as a security guard, enforces some rule or regulation of the private employer, or who otherwise acts for the benefit of that employer rather than for the benefit of the general public to whom a duty is owed as a police officer, would not be considered a covered party. Page 5of7 Appendix B Application for Off-Duty Employment I.All officers participating in off-duty employment,or donating his services on special Police assignment, shall submit an application and receive approval prior to accepting outside employment. 2. In compliance with personnel rules of the City of Port Arthur and Police Department,the undersigned makes application for permission to accept part-time employment or engage in a gainful occupation or business during off-duty hours;but will remain available for recall to Department duty. 3. Approval lines must be signed as forwarded through channels. The applicant shall be responsible for obtaining the approval duplicate application from the Chiefs Office and have it in his possession when performing off-duty employment. 4. Permission for"one time"jobs may be approved by the senior officer on duty due to extenuating circumstances, but the original copy of the application will be forwarded through the channels as required. Name of Business ( Address of Business Business Phone No. Type of Business Name of Employer/Manager Manager Phone No. Location Phone No. Location(s)Employment to be Performed If employed as a Peace Officer,will you be required to perform duties other than those imposed upon an on-duty Police Officer? YES or NO(circle one). If yes,explain in detail on reverse side. Date(s)-Day(s)you will be employed: Hours of the day you will be employed: Salary you will receive: Will intoxicants be sold, served or consumed? Exact duties you will perform: Indicate whether in uniform or plain clothes: Will a marked police unit be utilized for this job?Yes or No(Circle one) Are you performing outside employment elsewhere? Yes or No(Circle one) If Yes, complete the following: Name of Business or Businesses: Date(s)-Day(s)of the week you are employed: Total number of hours employed per week: Applicant Signature Shift Commander Signature Division Commander Chief of Police Signature Chief of Police ( )Chief's Office Copy ()Applicant's Copy Date of Expiration ()Personnel Copy Page6of7 Appendix C OFF-DUTY EMPLOYMENT SIGN-UP SHEET Any Field Operations Supervisor who receives a request for an officer(s)to do "off-duty"employment shall complete this form and check the Rotation Book located in the Field Operations Secretary's office to determine which group is next up on rotation.The supervisor receiving the request shall make me necessary entries in the Rotation Book and then forward this form to the group's supervisor. The group's supervisor shall make the officers in his group aware of the off-duty employment request and then post the form on his division bulletin board. The "Open Date"on the form will be three(3)days from the date of the request. Any officer shall be eligible to sign up for the off-duty job beginning on this date. The supervisor receiving the request for the overtime job shall inform the requestor of the rate currently charged which is$25 per/hr. for officers and$28 per/hr. for supervisors. The requestor shall also be informed that when four(4)or more officers are requested that a supervisor is required. Any request for more officers than this form can accommodate or for more than ten(10)days shall be forwarded to the Field Operations Division Commander. Any event at which alcohol is consumed requires at least two(2) officers. Date Received: Group: Open Date: Requestor/Business: Phone Number: Contact Person: Phone Number: Payment Received Immediately Following event: YES NO (Circle One) If NO,when? Check or Cash ? (Circle One) Type of Event: Location of Event: Date: Hour: Number of Officers: OFFICERS: (1) (5) (2) (6) (3) (7) (4) (8) SUPERVISOR: Page 7 of 7