HomeMy WebLinkAboutPR 23101: MOU PORT ARTHUR POLICE ASSOCIATION MODIFYING ARTICLE 27 SECTION 2 OF THE COLLECTIVE BARGAINING AGREEMENT 1)4-
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INTEROFFICE MEMORANDUM
Date: June 20, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
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From: Timothy W. Duriso, Chief of Polic
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RE: PR 23101—Memorandum of Understanding between the City of Port Arthur
and the Port Arthur Police Association modifying Article 27 Section 2 of the
Collective Bargaining Agreement.
Introduction:
The intent of this Agenda Item is to seek the City Council's approval to execute a
Memorandum of Understanding between the City of Port Arthur and the Port Arthur Police
Association modifying Article 27 Section 2 of the Collective Bargaining Agreement.
Background:
Article 27 Section 2 of the Collective Bargaining Agreement entitled"Compensatory Time
Options"establishes the terms and conditions regarding officers earning compensatory time.
Currently in the collective bargaining agreement as it pertains to excused absences with pay
(i.e. vacation, holiday, compensatory time, and death in family leave) officers shall not be
deemed as days worked for the purpose of qualifying for overtime at the rate of time and one-
half. The Port Arthur Police Association would like to modify this section to reflect an
exception that will allow for overtime at a rate of time and one-half when the overtime worked
is to fill a vacancy that would otherwise cause patrol staffing to drop below minimum staffing,
and without said overtime,would result in an officer being placed on Forced Overtime.
Further as it pertains to sick leave the association request that sick leave shall not be deemed as
days worked for purposes of qualifying for overtime at the rate of time and one-half,including
when the overtime is worked to cover a patrol shift(officer or supervisor).
Budget Impact:
None
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
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Recommendation:
It is recommended that the City Council execute a Memorandum of Understanding between
the City of Port Arthur and the Port Arthur Police Association modifying Article 27 Section 2
of the Collective Bargaining Agreement.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 * Port Arthur,Texas 77641-1089 * 409.983.8101 X FAX 409.982.6743
P.R. No. 23101
06/20/2023 JLH
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE POLICE CHIEF TO EXECUTE A
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF
PORT ARTHUR AND THE PORT ARTHUR POLICE ASSOCIATION TO
MODIFY ARTICLE 27 , SECTION 2 OF THE CURRENT COLLECTIVE
BARGAINING AGREEMENT.
WHEREAS, pursuant to Chapter 174 of the Texas Local
Government Code, annotated, the Fire & Police Employees
Relation Act, and Ordinance 20-97, the City of Port Arthur
(City) entered into a Collective Bargaining Agreement (CBA)
with the Port Arthur Police Association (PAPA) ; and
WHEREAS, Article 27 Section 2 of the Collective
Bargaining Agreement entitled "Compensatory Time Options"
establishes the terms and conditions regarding officers
earning compensatory time; and
WHEREAS, currently in the collective bargaining
agreement as it pertains to excused absences with pay
(i . e. , vacation, holiday, compensatory time, and death in
family leave) officers shall not be deemed as days worked
for the purpose of qualifying for overtime at the rate of
time and one-half; and
WHEREAS, the Port Arthur Police Association (PAPA)
would like to modify this section to reflect an exception
that will allow for overtime at a rate of time and one-
half, when the overtime worked is to fill a vacancy that
would otherwise cause patrol staffing to drop below minimum
staffing and without said overtime would result in an
officer being placed on Forced Overtime; and
WHEREAS, further as it pertains to sick leave, the
Port Arthur Police Association (PAPA) request that sick
leave shall not be deemed as days worked for purposes of
qualifying for overtime at the rate of time and one-half,
including when the overtime is worked to cover a patrol
(officer or supervisor) , and
WHEREAS, both the City and the Port Arthur Police
Association (PAPA) recognized that it in no way affects,
modified, alters, nullifies, or changes the remainder of
P.R.No. 23101
06/20/2023 JLH
the CBA as specified in the Memorandum of Understanding
(MOU) provided by PAPA attached hereto as Exhibit "A"; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1 . That the facts and opinions in the
preamble are true and correct.
Section 2 . That the City Council hereby authorizes
the City of Port Arthur to enter the MOU, in substantially
the same form as attached hereto as Exhibit "A", with the
Port Arthur Police Association to modify Article 27,
Section 2 of the current collective bargaining agreement .
Section 3 . That a copy of the caption of this
resolution shall be spread upon the Minutes of the City
Council .
READ, ADOPTED AND APPROVED on this day of July,
A. D. , 2023, at a Regular Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote: AYES :
Mayor:
Councilmembers :
NOES:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
P.R. No. 23101
06/20/2023 JLH
APPROVED AS TO FORM:
Val Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
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Timothy W. Duriso
Chief of, Police
APPROVED AS TO THE AVAILABILITY OF FUNDS :
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Kandy Daniel
Interim Directior of Finance
P.R. No. 23101
06/20/2023 JLH
EXHIBIT N. A ..
P.R. No. 23101
06/20/2023 JLH
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made between the City of Port Arthur (hereinafter referred to
as COPA) and the Port Arthur Police Association (hereinafter referred to as PAPA). The COPA and PAPA
have agreed to modify Article 27, Section 2 of the current Collective Bargaining Agreement entitled
"Compensatory Time Options". Specifically, the COPA and PAPA hereby agree to the following terms
and conditions regarding officers' Compensatory Time Options:
"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.
Upon termination from employment with the Department, an officer will be paid in full at
their current hourly rate for all compensatory time accumulated under this section.
Excused absences with pay(i.e.vacation, holiday,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,except when the over time worked is to fill a vacancy that would otherwise cause
patrol staffing to drop below minimum staffing and without said overtime, would result in an
officer being placed on Forced Overtime.
Sick leave shall not be deemed as days worked for purposes of qualifying for overtime at the
rate of time and one-half, including when the overtime is worked to cover a patrol shift (officer
or supervisor).
Nothing in this Article 27, Section 2 shall affect the provisions of Article 27, Section 3
"Holdover Pay"."
This agreement regarding the amendment to Article 27,Section 2 has been approved and agreed to this
day of , 2023, in duplicate counterparts.
APPROVED:
CITY OF PORT ARTHUR PORT ARTHUR POLICE ASSOCIATION
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Mayor P esident kt.9.14
City Manager Se4tary
City Secretary