HomeMy WebLinkAboutPO 7332: APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH THE PORT ARTHUR POLICE ASSOCIATION Ciry rf
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INTEROFFICE MEMORANDUM
Date: May 15, 2025
To: Honorable Mayor and City Council
From: Dr. Albert Thigpen, Assistant City Manager--Administration
Through: Ronald Burton, CPM, City Manager
RE: Adoption of Proposed Ordinance No. 7332 An Ordinance Approving A
Collective Bargaining Agreement Between the City of Port Arthur and the Port
Arthur Police Association Effective October 1, 2024, Through September 30,
2027
cc: Ronald Burton, CPM, City Manager
Pamela Longford, CPM, Assistant City Manager—Operations
Trameka Williams, CPM, Director of Human Resources/Civil Service
Recommendation:
It is recommended that the City Council of the City of Port Arthur approve, and adopt,
Proposed Ordinance No. 7332 which approves the collective bargaining agreement between the City
of Port Arthur and the Port Arthur Police Association effective October 1, 2024 through September
30, 2027.
Background:
The City of Port Arthur is a "civil service" municipality which engages in collective
bargaining with recognized bargaining units pursuant to Local Government Code Chapter 174.
Collective bargaining covers compensation and other conditions of employment.
The negotiating team approved by City Council and the representatives of the Port Arthur
Police Association engaged in good faith bargaining beginning on March 06, 2024; reaching
tentative agreement on February 26, 2025. The tentative agreement was ratified by vote of the
bargaining unit and the formal letter indicating ratification has been provided as an attachment to the
proposed ordinance.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
The proposed collective bargaining agreement addresses the following key goals:
a. ensuring departmental competitiveness in recruiting, b. providing fair compensation,
c. incentivizing employee development, and d. retention of experienced employees.
The proposed collective bargaining agreement is substantially "status quo" meaning that
the majority of the articles were unchanged or only changed to update calendar dates to the proposed
contract period. The proposed contract, pending City Council approval, covers a three (3) year
period.
As stated, the proposed contract is status quo; however, in addition to the three (3) year
duration we would like to note the following contract provisions:
• The proposed contract revises hiring practices to facilitate competitiveness in lateral
(certified offices from another agency) recruitment and hiring. [Article 12]
• The proposed contract provides that the responsibility for officers injured working off-
duty will be that of the off-duty employer unless the injury is the result of taking police action.
[Article 16]
• The proposed contract provides for the following salary increases during the contract
period:
2024—2025 (Year 1)—3.0%
2025 —2026 (Year 2)—3.5%
2026—2027 (Year 3)—3.5%
The proposed salary increases will allow the City to remain competitive with competing entities such
as cities, counties, and industry. [Article 18]
• The proposed contract provides for a one-time incentive payment of$1,000.00 to officers
who were members of the bargaining unit on October 1, 2024, which settled all active grievances
regarding holidays, vacation, and sick leave accruals for the duration of the contract. The officer
must remain employed for one year from the date of payment receipt or repay the full amount to the
City of Port Arthur. [Article 18]
• The proposed contract implements "Drone Pilot Pay" as an assignment pay for officers
that credentialed by the Federal Aviation Administration as a"Remote Pilot"and provide this service
to the Police Department of$50.00/mo. [Article 19]
• The proposed contract restructured the Residency Incentive. This incentive recognizes
the perceived crime deterrent value of having police officers living in city neighborhoods. Based on
police data the article removed the distinction between target and non-target areas and incentivizes
officers to buy or rent within the corporate limits of the City of Port Arthur. [Article 23]
• The proposed contract updated the Holiday schedule to the actual number of holidays
provided by the City of Port Arthur to employees;established annual vacation and sick leave accruals
would be based on an eight(8)hour day; excluding holidays. [Article 24]
• The contract provides that all accrued terminal sick leave will be paid at full rate. The
goal is to encourage employees to use sick leave wisely and reduce overtime arising from absences.
Due to the average age of employees in the department this article change will have a limited impact
during the duration of the contract. [Article 25]
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"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
• The proposed contract adds grandchildren to the definition of immediate family for the
purposes of funeral leave. [Article 26]
• The proposed contract provides that excused absences with pay such as holiday,vacation
shall count as sweat hours for overtime purposes, which will address workforce shortages. [Article
27]
• The proposed contract provides that in the event of a declared national emergency a
police officer called to active duty will receive differential pay for period up to 365 days. [Article
29]
• The proposed contract provides that the City will match employee base salary
contributions to either Mission Square or Nationwide Retirement Solutions [457 deferred
compensation plans] as follows: Year 1 —2.5%, Year 2-5%, Year 3-5%.
This proposed change makes the City more competitive with competing entities in regard to
attracting and retaining experienced employees. [Article 34]
• The proposed contract provides for an increase in the annual clothing allowance from
$750 to $1,000 to keep pace with the rising cost of clothing. [Article 36]
• The proposed contract provides for an increase in Association Leave from 150 hours to
250 hours in each fiscal year of the contract; however, the time shall expire at the end of the fiscal
year in which it is awarded rather than 90 days after the end of the fiscal year. [Article 39]
• The proposed contract provides that in the event that the conditions of the Inclement
Weather article are met the officers will be inclement weather pay for up to 10 hours for actual time
worked. [Article 42]
• The proposed contract provides that all non-disciplinary grievances regarding vacation,
holiday and sick leave accruals will be withdrawn;further there will be no accrual grievances during
the duration of the contract. [Article 45]
Budgetary/Fiscal Effect:
Key estimated budgetary impacts are:
Salary Increases:
2024—2025 (Year 1)—3.0% $ 457,356.94
2025 —2026 (Year 2)—3.5% $ 550,428.79
2026—2027 (Year 3)—3.5% $ 554,627.96
$ 1,562,413.69
457 Plan Match
Year 1 2.5%457 Plan Match' $ 249,623.00
Year 2 5.0%457 plan Match' $ 515,274.00
Year 3 5.0%457 plan Match' $ 531,864.00
$ 1,296,761.00
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"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
1
One Time Incentive Payment
Year 12 $ 120,000.00
$ 120,000.00
1. This is the net cost after FICA tax savings. contributions are "pre-tax" dollars.
2. This is a conservative estimate which assumes a full complement of eligible officers.
Staffing/Employee Effect:
The contract does not provide a direct/increase of staffing levels; however, the provisions
presented are anticipated to have two primary impacts during the duration of the contract:(a)increase
the effectiveness of recruitment of new and experienced officers to the force,(b)maximize the City's
investment in training officers by increasing the retention of experienced officers.
Summary:
It is recommended that the City Council of the City of Port Arthur approve, and adopt,
Proposed Ordinance No.7332 which approves the collective bargaining agreement between the City
of Port Arthur and the Port Arthur Police Association effective October 1, 2024,through September
30, 2027.
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"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
P.O.No. 7332
05/14/25 ATT
ORDINANCE NO.
AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY OF PORT ARTHUR AND THE PORT ARTHUR POLICE ASSOCIATION
EFFECTIVE OCTOBER 1,2024 THROUGH SEPTEMBER 30,2027
WHEREAS, the City of Port Arthur and the Port Arthur Police Association pursuant to Chapter
174 of the Texas Local Government Code have engaged in the collective bargaining process beginning on
March 06,2024; and,
WHEREAS, the parties having bargained in good faith reached tentative agreement on a
collective bargaining agreement on or about February 26,2025; and,
WHEREAS, the tentative collective bargaining agreement attached hereto as Exhibit `B" was
presented to the membership of the Port Arthur Police Association; and,
WHEREAS, the membership of the Port Arthur Police Association have ratified the tentative
agreement by majority vote as shown by Exhibit"A"hereto; and,
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 Relations 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, City Manager, City Attorney and City Secretary are hereby authorized
to execute said Collective Bargaining Agreement on behalf of the City in substantially the same form as
attached hereto as Exhibit`B".
Section 3. That, the effective date of the Collective Bargaining Agreement shall be October 1,
2024 through September 30,2027.
Section 4. That, all ordinances in conflict herewith are hereby repealed, but only to the extent of
said conflict.
Section 5. That, a copy of this Resolution be spread upon the minutes of the City Council.
READ,ADOPTED,AND APPROVED this day of ,AD,2025, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES:
Mayor:
Councilmembers: •
NOES:
CITY OF PORT ARTHUR:
Hon. Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard,TRMC
City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo,Esq.
City Attorney
APPROV FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS:
AligrIAL
,6evd_- _-ee,,
Ron : C''Pr Lyn a Boswell,ICMA-CM
City Man. - Director of Finance
Port Arthur Police Officers'Association
PO Box 361
Port Arthur, Texas 77641
*A
Cr 4.
Greetings Dr. Albert Thigpen,
RE: Ratification of Collective Bargaining Agreement
I am pleased to inform you that the members of the Port Arthur Police Association
have voted to ratify the Collective Bargaining Agreement between our Association
and the City of Port Arthur. The vote took place on this past week, and the
agreement was approved by our membership.
On behalf of the Port Arthur Police Association, I would like to express our sincere
appreciation for your time, effort, and dedication throughout the negotiation
process. Your collaborative approach and commitment to finding mutually -
beneficial solutions were instrumental in reaching this agreement.
We believe that this new Collective Bargaining Agreement represents a fair and
balanced arrangement that addresses the needs of our officers while respecting the
fiscal responsibilities of the City. We look forward to working together under the
terms of this agreement to continue providing excellent service to the citizens of
Port Arthur.
Again, thank you for your professionalism and partnership during this process. We
value the positive working relationship between the Association and City
Administration and look forward to continued cooperation in the future.
Port Arthur Police Officers' Association
Presiders hr i,
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF PORT ARTHUR
THE PORT ARTHUR POLICE ASSOCIATION
EFFECTIVE FROM 10/01/2024 THROUGH 9/30/2027
TABLE OF CONTENTS
Page
ARTICLE 1 —PREAMBLE 4
ARTICLE 2—DURATION 4
ARTICLE 3—DEFINITIONS 5
ARTICLE 4—RECOGNITION 6
ARTICLE 5—ASSOCIATION RIGHTS 7
ARTICLE 6—NON-DISCRIMINATION 8
ARTICLE 7—INTENTIONALLY 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— [RAINING 16
ARTICLE 16—OFF-DUTY EMPLOYMENT 17
ARTICLE 17—GRIEVANCE PROCEDURE 17
ARTICLE 18—WAGES 20
ARTICLE 19—ASSIGNMENT PAYS 23
ARTICLE 20—COURT PAY 24
ARTICLE 21 —BILINGUAL PAY 24
ARTICLE 22—PER DIEM 25
ARTICLE 23—RESIDENCY INCENTIVE 25
ARTICLE 24—ANNUAL LEAVE(VACATION/HOLIDAYS) 26
ARTICLE 25—SICK LEAVE 27
ARTICLE 26—FUNERAL LEAVE 28
ARTICLE 27—COMPENSATORY/OVERTIME PAY 28
ARTICLE 28—JURY DUTY 29
ARTICLE 29—LEAVES OF ABSENCE 29
ARTICLE 30—DISCIPLINARY ACTIONS 30
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ARTICLE 31 -BILL OF RIGHTS 30
ARTICLE 32-MEDICAL AND DENTAL INSURANCE 33
ARTICLE 33-BULLET PROOF VESTS 34
ARTICLE 34-RETIREMENT 34
ARTICLE 35-PATROL CAR PROTECTIVE CAGES 35
ARTICLE 36-CLOTHING AND EQUIPMENT 35
ARTICLE 37-PSYCHOLOGICAL SERVICES 36
ARTICLE 38-FAMILY MEDICAL LEAVE ACT. 37
ARTICLE 39-ASSOCIATION LEAVE 38
ARTICLE 40-SAVINGS CLAUSE 38
ARTICLE 41 -DRUG AND ALCOHOL POLICY 38
ARTICLE 42-INCLEMENT WEATHER 45
ARTICLE 43-LONGEVITY 45
ARTICLE 44-FITNESS CHALLENGE PAY 46
ARTICLE 45-FULL AND FINAL SCOPE OF THE AGREEMENT 46
ATTACHMENT 1 -RELEASE OF LIABILITY AGREEMENT 49
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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, 2024, and shall remain in full force and effect
through the 30th day of September 2027, 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 31,2027.
Section 2
The City and Association agree that the parties will meet no later than March 1, 2027, 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.
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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.
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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 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
6
United States Constitution, Chapter 1.43 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 Department.
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
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.
C. No Association official, representative, or agent of the Association shall coerce,
discriminate, intimidate, threaten or otherwise attempt to compel a non-Association
employee to join the Association.
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Section 3
The City shall not unlawfully:
A. Dominate, interfere, or assist in the formation, existence or administration of any
employee organization; or contribute financial support to any such organization. This
practice shall include any assistance, either direct or indirect, as described in Article 4,
Section 1, (RECOGNITION) to another labor organization that can be certified under
Section 174 et seq. Local Government Code, V.T.C.S. as an exclusive bargaining
representative.
B. Encourage or discourage membership in any employee organization by discrimination
in hiring,tenure,training or other terms or conditions of employment.
C. Discharge or discriminate against any employee because he has filed any affidavit,
petition, grievance, or complaint; or given any information or testimony alleging
violations of this Agreement; or because he has formed, joined, or chosen to be
represented by any employee organization.
ARTICLE 7
(INTENTIONALLY LEFT BLANK)
ARTICLE 8
MANAGEMENT RIGHTS
It is understood that the management and direction of the working force is vested exclusively
in the City as the Employer. Subject to prevailing statutes and ordinances,the City retains the right to
hire, demote, suspend, discharge, retire, lay off, promote, assign, or transfer 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,
9
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 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.
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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
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 age limitation for hiring is eliminated. Employer may hire police academy cadets
without necessity of civil service examination provided that the individual obtains a
peace officer license from the Texas Commission on Law Enforcement (TCOLE)
within one(1)month of graduation from an accredited academy.
(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
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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.
(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, and psychological examination.
A lateral hire shall be defined as a Texas Licensed Peace Officer who is currently
employed, or has been employed, by another law enforcement agency within the
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past 180 days and hired by the Port Arthur Police Department, regardless of the
officer's level of experience.
(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. After a year of service,the Police Chief may adjust a lateral
entry employee's salary upward for satisfactory job performance, but no higher than
the five (5) year level. Thereafter, 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.
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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 to provide that in order for a
police officer to be eligible to qualify for promotion to the rank of Sergeant,the person must have four
(4) consecutive years of service with the City of Port Arthur Police Department as a commissioned
police officer prior to the date the examination is held. After achievement of the position of sergeant,
the provisions of Section 143.028 (b) of the Local Government Code will apply as it pertains to
promotions.
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.
Five (5) consecutive years of service with the City of Port Arthur Police Department are required in
order for a person to be eligible for appointment to the three positions immediately below the rank
of Chief.
14
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
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 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 6
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,except
15
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. Rules consistent with Chapter
143.051 (12) of the Texas Local Government Code and 15.01(1) of the Civil Service Rules for the
City of Port Arthur will be implemented governing the use of police department vehicles in
conjunction with off-duty employment. 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.
The responsibility for officers injured while working an off-duty employment shall be that of
the off-duty employer,unless the injury is a result of taking Police action.
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
17
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.
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)
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calendar days to act on the grievance and render a decision in writing to said Chairman and/or the
President of the Association.
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.
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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
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 2024/2025—3.0%
• Fiscal Year 2025/2026—3.5%
• Fiscal Year 2026/2027—3.5%
See the following wage chart:
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Fiscal Year 10/01/24 10/01/25 10/01/26
Police Officer
Entry $5,743.32 $5,944.34 $6,152.39
1 Year $5,858.19 $6,063.23 $6,275.44
2 Years $6,089.30 $6,302.42 $6,523.02
4 Years $6,329.67 $6,551.21 $6,780.50
6 Years $6,579.64 $6,809.93 $7,048.27
8 Years $6,759.47 $6,996.05 $7,240.91
10 Years $7,029.85 $7,275.89 $7,530.55
12 Years $7,311.03 $7,566.92 $7,831.76
14 Years $7,603.51 $7,869.63 $8,145.07
Sergeant
Entry $8,282.00 $8,571.87 $8,871.89
5 Years $8,568.93 $8,868.84 $9,179.25
10 years $8,740.31 $9,046.22 $9,362.84
Lieutenant
Entry $9,015.16 $9,330.69 $9,657.26
5 Years $9,305.76 $9,631.46 $9,968.56
10 years $9,491.87 $9,824.09 $10,167.93
Captain
Entry $9,681.71 $10,020.57 $10,371.29
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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 $300.00
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.
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Employees who work the graveyard shift shall receive the following shift differential:
$.50/hour for each hour worked.
Section 6
In conjunction with Article 24, each member of the Port Arthur Police Association
bargaining unit as of October 1, 2024, shall receive a one-time incentive payment of$1,000.00 on
or before July 1, 2025, payday in the first year of this three-year contract. Recipients must remain
employed for at least one year after receiving the payment or repay the full amount to the City of
Port Arthur.
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 Two Hundred Twenty-Five
Dollars ($225.00)per month for service as Field Training Officer. While training, FTO's will receive
30 minutes of compensatory time or overtime per day and, barring emergencies, are excused from
forced overtime. Officer whose assignment is Field Training Officer shall, if timely requested, be
accorded preference in scheduling one(1)week of vacation for the fourth week round of the process.
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.
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.
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Section 5 (Special Response Team)
The Chief shall compensate Special Response Team members an additional $50.00 per
month for service as SRT members.
Section 6 (Polygraph Examiners)
The Chief shall compensate Polygraph Examiners an additional $50.00 per month for
service as Polygraph Examiners.
Section 7(Maximum Compensation)
Non-FTO Officers are limited to a maximum additional compensation of Two Hundred
Dollars ($200.00)per month regardless of the number of assignments in which they participate. FTO
Officers are limited to a maximum of Three Hundred Twenty-Five ($325.00)per month regardless of
the number of assignments in which they participate.
Section 8(Drone Pilot Pay)
The City shall compensate officers that are duly credentialed by the Department of
Transportation Federal Aviation Administration as "Remote Pilot" an additional $50.00 per month if
they serve as drone or similarly situated pilots for the Police Department.
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.
24
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.
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 $3,750.00 (subject to applicable taxes) for down payment and closing
cost expenses to those employees who elect to purchase and move into a home in the corporate city
limits of Port Arthur.
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 $625.00 in moving cost assistance to employees who elect to move into
the City and rent or lease residence, plus $225.00 /month rental assistance for those that rent/lease in
the corporate city limits of Port Arthur.
For those employees who own and reside within the corporate city limits of Port Arthur, the
City will provide$325.00/month housing expense.
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.
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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 12 Days 27 Days
10 through 19 21 Days 12 Days 33 Days
20 through 24 27 Days ' 12 Days 39 Days
25 or more 30 Days 12 Days 42 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. Annual
vacation and sick leave accruals shall be based on an eight (8) hour day, excluding holidays. 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.
Section 5
Officers are currently provided with twelve (12) days as official City Holidays. In the event
that the City Council amends the Code of Ordinances to add an additional paid holiday for non-
civil service employees during the term of this Agreement, Officers will receive the same
additional holiday.
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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
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
Upon separation from the Police Department, officers shall be paid a lump sum payment for
accrued unused sick leave.
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.
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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, children, mother, father, brother, sister,
grandparents,and grandchildren 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
Section 1. Overtime for More than 40 Hours/Week
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.
Section 2. Compensatory Time Option
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 be deemed as days worked for purposes of qualifying for overtime at the rate of time and one-
half.
Section 3. Holdover Pay
Notwithstanding the provisions of Section 2, Officers held over shall qualify for overtime pay
at 1 'Y2 times their regular pay rate without regard to the 40 sweat hour per week requirement.
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Section 4. Call-back Pay
Employees who are called back to work from off-duty shall be guaranteed a minimum of two
(2)hours.
Section 5. Other Premium Pay Situations
The following are additional exceptions to the 40 sweat hour per week requirement:
• Unforeseen incidents requiring responses for which the City will be reimbursed in full;and
• Grants or programs that allow for full reimbursement to the City.
ARTICLE 28
• JURY DUTY
When an officer is summoned to jury duty on at work day, the Officer will comply with the
City's Jury Duty policy as described in the City's Personnel Manual.
ARTICLE 29
LEAVES'OFABSENCE
Section 1 (Un`paid)
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 receives who is called to active duty
due to a declared national enier`gency shall receive differential pay from the City for a period of up to
three hundred sixty-five(365) 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.
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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:
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.
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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 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
32
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.
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
33
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 (Retirement Badge)
Each officer who retires from the force shall be given a retirement badge at no charge.
Section 2 (20-year Retirement Option)
The City of Port Arthur will retain a twenty(20)year/any age retirement option with the Texas
Municipal Retirement System(TMRS).
Section 3 (Funeral Escort)
Officers who retire from the Port Arthur Police Department will be provided, at the time of
death, a burial flag and two PAPD patrol car to be operated by officers on a voluntary basis for
participation in the funeral procession within the five (5) county region of Jefferson, Hardin,
Orange, Liberty and Chambers. Special dispensation may be given to areas up to 100 miles with
final approval of the Chief of Police.
Section 4 (457 Deferred Compensation Plan)
Employees of the Bargaining Unit shall have the option to enroll in either International
City/County Management Association - Retirement Corporation (ICMA-RC) Mission Square
Retirement or Nationwide Retirement Solutions as a pre-tax 457 deferred compensation plan and
use payroll deduction for contributions. The City will provide a matching contribution of up to
2.5%of base salary for enrolled members in Year 1 and up to 5.0% in Years 2 and 3.
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ARTICLE 35
PATROL CAR PROTECTWE 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;
O. (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;
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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 $1,000.00 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 from an assignment where a uniform is worn to a plainclothes assignment, on each such
occasion, a stipend of 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, and related items)for use by Department employees on outside jobs, as
deemed appropriate in the discretion of the Chief of Police. Police department vehicles may be
utilized for secondary employment based upon the parameters set forth in the General Orders. The
City will set forth a fee structure whereby secondary employers will be charged a daily usage fee for
each assignment which will be implemented in Fiscal Year 2020-2021.
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 person,
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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 two hundred fifty (250) hours to the
Association Leave Pool at the beginning of each fiscal year (of the contract term, 10/01/24 and
09/30/27) for use by employees designated by the Association to attend Association, pension, and
job-related schools, conferences, official Association business and conventions for each contract
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year. In addition, this Pool shall be charged with time taken under Article 5, Association Rights.
Any unused time shall expire at 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
In addition to the Police Department's Rules and Regulations,policies and procedures related
to drug and alcohol use and testing shall be as follows:
This policy covers alcohol, all controlled substances, and all drugs -- legal or illegal --
which could impair an employee's ability to effectively and safely perform the functions of the
employee's job. Unlawful on-the-job manufacturing, distributing, dispensing, using or possessing
a controlled substance or an illegal drug; and being intoxicated on-the-job by reason of the
introduction of alcohol, a controlled substance, a drug or any combination thereof, into the body,
and using or possessing alcohol on-the-job, is expressly prohibited by this policy. However,.lawful
use of controlled substances in accordance with a licensed medical provider's prescription does not
violate this policy, provided such use does not impair an employee's ability to effectively and
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safely perform the functions of his/her job. Violation of this policy will result in appropriate
disciplinary action up to and including termination of employment. This testing covers alcohol,
all controlled substances, inhalants, all drug legal and illegal which could impair an employee's
ability to effectively and safely perform the functions of his/her job.
Definitions:
1. On-the-job: Employees who are authorized to operate or ride in City vehicles are
considered to be on duty at all times while operating,driving, or riding in a City vehicle.
2. Drug: has the meaning assigned by Subdivision (16), Section 481.002, Texas Health &
Safety Code and includes the meaning assigned by 21 U.S.C. 802 and includes any
controlled substance analogue as defined by subdivisions (5) and (6) of Section 481.002 and
by U.S.C., 802. It also includes all forms of cannabis including low-THC cannabis even if such
drug is considered legal in the State of Texas or prescribed by a physician.
3. Illegal Drugs: any drug which cannot be legally obtained, or which,although it can be legally
obtained, has been obtained in violation of the Texas Controlled Substances Act, Chapter
481, Texas Health & Safety Code or Federal Controlled Substances Act, 21 U.S.C., 801 et
seq.
4. Legal Drugs: any drug,which may be legally obtained through prescription or over the
counter.
5. Controlled Substance: has the meaning assigned by Subdivision (5) Section 481.002 Texas
Controlled Substances Act Chapter 481, Texas Health & Safety Code and includes the
meaning assigned by 21 U.S.C., 802 and includes any controlled substance analogue as
defined in subdivision(6)of Section 481.002 and in 21 U.S.C., 802.
6. Alcoholic Beverage: has the meaning assigned by Section 1.04 (1), Alcoholic Beverage Code.
7. Intoxicated: means (A) not having the normal use of mental or physical faculties by reason
of the introduction of a controlled substance, a drug, or a combination of two or more of
those substances into the body; or (B) having a blood alcohol concentration in excess of the
limits described in this policy.
8. CBA: The Collective Bargaining Agreement between the City and the Port Arthur Police
Association.
9. All references in this policy,to alcohol or to possession or use of alcohol shall refer to an
Alcoholic Beverage as defined in#6.
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10. Possessing or possession of alcohol: refers to bodily possessing an alcoholic beverage
while on-the-job. The mere presence of sealed or unopened alcoholic beverages in a
personal vehicle or boat shall not constitute possession of alcohol.
11. At employee's expense or employee shall bear all expenses: shall mean that the employee
shall be responsible for all treatment and/or rehabilitation cost not covered or paid for by or
under the City's health insurance plan.
12. A critical incident is defined as:
Critical Incident — an event out of the range of normal experience; one which is sudden and
unexpected, involves the perception of a threat to life and can include elements of physical and
emotional loss.
Examples of these line of duty incidents include officer involved shooting, in custody deaths,
officer involved serious bodily injury or death of citizen,or serious injury to operations personnel.
• an accident involved a human fatality; or
• a circumstance where the Officer receives a traffic citation for a moving traffic
violation arising from the accident.
• an accident involving:
o Bodily injury requiring immediate medical treatment away from the
scene; or
o One or more of the motor vehicles incurs disabling damage requiring the
vehicle to be towed away.
13. Reasonable suspicion shall be based on objective facts and/or observation of employee
conduct behavior while on-the-job. For purposes of guidance, the following factors may be
considered, along with the circumstances in each case, in determining whether or not
reasonable suspicion exists:
a. Presence of more than one of the physical symptoms of drug or alcohol use (i.e., glassy or
bloodshot eyes, slurred speech, alcohol odor on breath, poor coordination and/or reflexes)
verified by a second supervisor. An unusual on-the-job accident or injury when physical
symptoms of drug or alcohol use are present.
b. Unprovoked physical or verbal altercation.
c. Erratic or bizarre behavior.
d. Non-duty related possession of alcohol, illegal drugs, or any form of cannabis including
low-THC cannabis.
e. Signed written information obtained from a reliable person with personal knowledge.
f. Self-admission of intoxication or being under the influence of illegal drugs, any form of
cannabis including low-THC cannabis,and abused legal drugs.
g. Direct observation of alcohol use or possession non-duty related.
h. Direct observation or knowledge of unlawful manufacturing, distributing, dispensing,
possessing, or using illegal drugs or controlled substances on non-duty related.
i. An arrest or citation for a drug related offense on or off the job.
14. Automobile Accidents:
In all instances in which an employee is determined to be at fault, drug testing will be
required. In those circumstances,where there is severe damage to the vehicle,regardless of
fault, drug testing will be required.
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Vehicle Damage Ratings Examples:
Minor Damage. Scratches, scrapes, dings, and cracked headlights or minor fractures in the
windshield are considered as minor damage. The vehicle is still immediately operable
under this provision. This circumstance does not require drug testing if the employee is
determined not to be at fault.
Moderate Damage. Moderate damage pertains to larger dents. Any damage from a
collision or event wherein the airbags aren't deployed are considered as moderate damage.
The damage sustained to the vehicle requires immediate repair in order to be safely
operated.
Severe Damage. Severe damage occurs in high-impact or high-speed collision whereby the
body and frame are cracked and bent. The damage sustained to the vehicle requires
immediate repair in order for it to safely operate. In this instance, the vehicle may be
considered a total loss.
In the event of a critical incident, automobile accident or reasonable suspicion of drug
or alcohol use, the City will immediately use a licensed medical facility for testing, handling,
and processing of all blood or urine specimens. This testing covers alcohol, all controlled
substances, inhalants, all drugs legal and illegal which could impair an employee's ability to
effectively and safely perform the functions of his/her job. The City's Human Resources
Department will serve as the liaison between the licensed medical facility as it pertains to the
receipt, handling and reporting of test results. This includes all communication with the Medical
Review Officer(MRO)as it pertains to any findings related to the test results.
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EXHIBIT
CITY OF PORT ARTHUR
CONSENT FOR ALCOHOL ANALYSIS
AND
RELEASE OF MEDICAL RECORDS
I hereby authorize the collection of a blood sample for the purpose of determining the
presence of alcohol in my system. I hereby give my consent for the release of these tests results
and other relevant medical information to authorized City management for appropriate review.
Authorization Agreed:
Signature Date
Witness Date
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EXHIBIT
REPORT OF REASONABLE SUSPICION OF DRUG OR ALCOHOL
USE/INFLUENCE ON-THE-JOB
Employee Name: Date: Department:
Time: Job Title: Location:
Check the factor(s) below which have resulted in reasonable suspicion of the above
employee's on-the-job use and/or being intoxicated while on-the-job:
Glassy or blood shot eyes (1) Direct observation of
Slurred speech(1) illegal drug use
Unusual on-the-job accident Unprovoked physical or
or injury verbal altercation
Poor coordination or Written signed information
reflexes (1) obtained from reliable person
Possession illegal drugs with personal knowledge
Erratic or bizarre behavior
Self-admission of intoxication
Other,Explain
Explain in detail the behavior that was observed (use attachment if necessary) Identify any
witnesses of the above behavior:
Identify any physical evidence obtained and the present location of the evidence: Was the
employee referred for drug screen?
Date: Time: Results:
Received By:
Employee signature (if available) Date
Supervisor Initiating Action Asst. City Manager
Division Head Director of Personnel
Department Head City Manager
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1) This factor shall only be used as reasonable suspicion when combined with one or more
listed factors.
The information contained in this report is confidential and disclosure of such information to
parties without a legitimate need to know is not authorized. Distribution of copies should be
accomplished in person.
Routing: Original:
Duplicate: Department File
Triplicate: Employee
Quadruplicate: Supervisor
Personnel Note: Provide triplicate copy to employee within three(3)days of drug test
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ARTICLE 42
INCLEMENT WEATHER
In the event of a major weather-related disaster which is of such severity and magnitude to
warrant complete closure of normal City operations, civil service workers will receive, in addition to
pay for actual time worked, inclement weather pay in the amount not to exceed ten (10)hours per day
for the time they expend as emergency service workers during the disaster.
In the event of a non-weather-related disaster which is of such severity and magnitude to
warrant the Mayor and County Judge to declare a local state of disaster or a public health emergency.
Civil service workers will receive, in addition to pay for actual time worked,non-weather disaster pay
of three (3) hours per day for the time they expend as emergency service workers during the disaster.
This pay will be limited to a two-week period to allow the City to mitigate, prepare and stabilize the
City in response to the disaster,which may be extended by the governing body.
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.
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ARTICLE 44
FITNESS CHALLENGE PAY
The City of Port Arthur and Association agree that the provision of optimal;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.
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 (70th)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.
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The following are included as part of this article to complete the collective bargaining
agreement:
• All non-disciplinary active grievances shall be withdrawn in reference to vacation,
holidays,and sick leave accruals.
• Agree not to grieve vacation and/or sick leave accruals during the term of the contract as
Defined in Section III,Article 24.
• The contract in final form shall become effective October 1,2024, upon ratification by the
Port Arthur Police Association and approval by the City of Port Arthur City Council.
This Agreement has been executed this day of , 2025, in
duplicate counterparts.
APPROVED AND AGREED TO:
CITY OF PORT ARTHUR:
Mayor
City Manager
City Secretary
City Attorney
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This Agreement has been executed this day of , 2025, in
duplicate counterparts.
APPROVED AND AGREED TO:
PORT ARTHUR POLICE ASSOCIATION:
President
Secretary
Member
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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.
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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 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.
Thereby 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:
By:
ACCEPTED:
By:
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