HomeMy WebLinkAboutPO5557: COLL. BARGAINING (POL) CITY OF PORT ARTHUR
HUMAN RESOURCE DEPARTMENT
MEMORANDUM
TO: Stephen B. Fitzgibbo_n~., City Manager .~ j
FROM: Harvey L Robinson, Director of Human Resources ~/7',~
DATE: September 15, 2005
SUBJECT: Adoption of Proposed Ordinance No. 5557 Adopting a Collective Bargaining
Agreement between the Port Arthur Police Association and the City of Port
Arthur
COMMENTS
I recommend adoption of Proposed Ordinance No. 5557 adopting a three (3) year collective
bargaining agreement between the Port Arthur Police Association and the City of Port Arthur.
Said agreement will be effective October 1, 2005 through September 30, 2008.
The value of the contract is equal to approximately a 3 %% increase for each of the three (3)
years. Attached for your information is notification from the Police Association's President of the
Union's ratification of the proposed agreement.
The proposed contract is essentially status quo; however, significant changes are as follows:
Article II - Duration: Three (3) year contract beginning October 1, 2005 through September 30,
2008.
Article VII - Maintenance of Standards: Language which previously allowed substantial non-
economic banefits (if removed or altered) to be grievable was delatad.
Article Xll - Hidn.q Practices: The new language will allow the City to give the Civil Service Test,
and once the eligibility list has been established pursuant to State Civil Service laws, the Chief
may hire any person on the list without regard to their ranking on the list. Previously, by law
applicants were required to be hired in rank order.
Article )(VIII - Waaes: The contract cost is equal to approximately 3 %% per year for each year
of the contract. The Association elected to not have the 3 ½% increase distdbutad across the
board but preferred to revamp the existing salary structure of its members by increasing the
salaries of tenured Police Officers and Ranking Offcars (Sergeants and Lieutenants).
Article XXlV - Annual Leave: Added language under this article to require the payment of all
accrued leave to the baneficiary of an officer killed in the line of duty within two (2) pay periods
following death.
"REMEMBER, WE ARE HERE TO SERVE THE CmZENS OF PORT ARTHUR'
TO: Harvey Robinson, Dir. Of Human Resources City of Port Arthur DATE: 09-16-05
FROM: S. Flores, President Port Arthur Police Association
RE: Voting Results
This letter is to inform you that the members of the Port Arthur Police Association have
completed a vote to approve or disapprove the new contract. The Port Arthur Police
Association has approved the new contract.
Respectfully Submitted,
P.O. No. 5557
9/15/05 HLR
ORDINANCE NO.
AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF PORT ARTHUR AND
THE PORT ARTHUR POLICE ASSOCIATION
PROPOSED FUNDING: POLICE DEPARTMENT BUDGET
ACCOUNT NO. 001-1101 -~21.11~00
WHEREAS, the City of Port Arthur has negotiated a Collective Bargaining
Agreement with the Port Arthur Police Association pursuant to Chapter 174 of the Texas
Local Government Code Annotated, the Fire 8nd Police Employees Relation Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the Mayor and City Manager are hereby authorized to execute
said Collective Bargaining Agreement on behalf of the City in substantially the same form
as Exhibit "Au (attached hereto).
Section 3. Thet the effective date of the contract shall be October 1, 2005
through September 30, 2008.
Section 4. That a copy of the caption of this Ordinance be spread upon the
Minutes of the City Council.
EXHIBIT "A"
AGREEMENT BETWEEN
CITY OF PORT ARTHUR, TEXAS
THE PORT ARTHUR POLICE ASSOCIATION
~.~T~.CTIVE FRC~ OCTOBER ir 2005 THROUGH SEPTEMBER 30r 2008
DATE RATIFIED BY THE PAPA:
DATE RATIFIED BY THE CPA:
TABLE OF CONTENTS
Page
ARTICLE I - PREAMBLE ........................................... 4
ARTICLE II - DURATION ......................................... 4
ARTICLE III- DEFINITIONS ...................................... 5
ARTICLE IV - RECOGNITION .................................... 6
ARTICLE V - ASSOCIATION RIGHTS .......................... 8
ARTICLE VI - NON-DISCRIMINATION ........................ 10
ARTICLE VII - MAINTENANCE OF STANDARDS .................... 12
ARTICLE VIII - MANAGEMENT RIGHTS .......................... 13
ARTICLE IX - NO STRIKE CLAUSE ........................... 14
ARTICLE X - SUPREM3~CY CLAUSE ............................. 15
ARTICLE XI - CREATION OF RULES AND REGULATIONS .............. 15
ARTICLE XII - HIRING PRACTICES ........................... 15
ARTICLE XIII - PROMOTIONS .................................. 17
ARTICLE XIV - SENIORITY .................................... 19
ARTICLE XV - TRAINING .................................. 19
ARTICLE XVI - OFF-DUTY EMPLOYMENT ..................... 20
ARTICLE XVII - GRIEVANCE PROCEDURE ..................... 20
ARTICLE XVIII - WAGES ................................... 25
ARTICLE XIX - FIELD TRAINING OFFICER PAY ................... 26
ARTICLE XX - COURT PAY ....................................... 27
ARTICLE XXI - BILINGUAL PAY 27
ARTICLE XXII - PER DIEM .................................... 28
ARTICLE XXIII - RESIDENCY INCENTIVE .......................... 28
Page
ARTICLE XXIV - ANNUAL LEAVE (VACATION/HOLIDAYS) .................. 29
ARTICLE XXV - SICK LEAVE 30
ARTICLE XXVII - COMPENSATORY/OVERTIME PAY .................... 32
ARTICLE XXVIII - JURY DUTY ................................... 33
ARTICLE XXIX - LEAVES OF ABSENCE ............................ 33
ARTICLE XXX - DISCIPLINARY ACTIONS ......................... 34
ARTICLE XXXI - BILL OF RIGHTS .............................. 34
ARTICLE XXXII - MEDICAL AND DENTAL INSURANCE ................ 39
ARTICLE XXXIII - BULLET PROOF VESTS ........................ 40
ARTICLE XXXIV - RETIREMENT ................................... 40
ARTICLE XXXV - PATROL CAR PROTECTIVE CAGES ................. 40
ARTICLE XXXVI - CLOTHING AND EQUIPMENT ...................... 41
ARTICLE XXXVII - PSYCHOLOGICAL SERVICES ...................... 42
ARTICLE XXXVIII - FAMILY MEDICAL LEAVE ACT ................... 42
ARTICLE XXXIX - ASSOCIATION LEAVE ............................ 43
ARTICLE XL - SAVINGS CLAUSE .................................. 43
ARTICLE XLI - DRUG AND ALCOHOL POLICY ......................... 44
ARTICLE XLII - FULL AND FINAL SCOPE OF THE AGREEMENT .......... 44
ATTACHMENT 1 - SENIORITY LIST ................................. 46
ATTACHMENT 2 - RELEASE OF LIABILITY AGREEMENT ................. 47
ATTACHMENT 3 - RESIDENCY INCENTIVE CHART ..........................
3
AR?lC~ I
PR~AMBL~
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.
ARTICI~ II
DURATION
This Agreement shall be effective October 1, 2005, and shall
remain in full force and effect through the 30th day of September,
2008, or until such time as it is superseded by a new contract
between parties, whichever occurs later, provided, however, that in
no event shall this Agreement continue in effect after September
30th, 2009.
4
ARTICLE III
DEFINITIONS
A. ~Association" means the Port Arthur Police Association.
B."Board of Directors" means 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 than three
(3) appointees of the Chief above the rank of Captain, as
defined under Section V 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 XVII.
5
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.
N. ~Probationary Period" means the twelve (12) month period
immediately following the date of employment as a certified Port
Arthur Police Officer.
0. ~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 IV
RECOGNITION
Section I
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
6
which has as its purpose representation of employees in collective
bargaining matters; sole and exclusive access and use of
theAssociation 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 II
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 United States
Constitution, Chapter 143 of the Texas Local Government Code, and
other applicable statutes. It is understood that matters subject
to collective bargaining shall be primarily dealt with by the
appointed representatives.
7
AR?I~ V
ASSOCIATION RIGHTS
Section I
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
unitwishing 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 II
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's negotiating team, not to exceed four (4)
members, shall be permitted without loss of pay to prepare
bargaining proposals (not to exceed eight (8) hours per person per
fiscal year when negotiations take place) and to attend negotiating
sessions with City representatives, where such sessions or meetings
are scheduled during working hours; or shall be given time off
without loss of pay for the scheduled night shift immediately
preceding such negotiating sessions.
8
The Association President may, without 10ss of pay, carry out
the duties set forth in this Agreement so long as manpower
requirements permit and prior approval is granted by the Chief.
Such approval shall not be unreasonably withheld.
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 III
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.
~ec%ion IV
Members of the Board who are on duty shall be permitted to
attend without loss of pay the regularly scheduled monthly board
meetings, and up to two (2) specially called Board meetings per
fiscal year. Any such attendance shall not exceed one and one-half
(1 1/2) hours per meeting. Such members of the Board who are on
duty shall be subject to emergency recall, and the Association
shall insure the immediate response capability of these officers.
The Association President or his designee shall be permitted
to speak at shift roll-call meetings about Association business for
a period not to exceed a total of fifteen (15) minutes. Prior to
speaking at such roll calls, the Association representative shall
notify the shift supervisor no less than two (2) hours prior to
roll call of the subject matter to be discussed.
ARTICLE VI
NON-DISCRIMINATION
Section I
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 II
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,
10
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. That neither party shall violate the obligation
to bargain in good faith set forth in Section
174.105 Local Government Code, V.T.C.S.
D. 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.
Section III
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 IV, Section I,
(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.
11
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 VII
MAINTENANCE OF STANDARDS
Subject to other provisions of this agreement, substantial
economic benefits that are not covered by the terms of this
agreement or are outside of the acknowledged rights of management
and that are mandatory subjects of bargaining and constitute past
practices under settled arbitration law shall be continued during
the term of this agreement. The parties may mutually agree
otherwise.
The employer has the right to change directives set out in
its Police Policy Manual; however, if the employer fails to
follow the directives set out in its Police Policy Manual, such
action shall be grievable under the Grievance Procedure of this
Agreement.
12
AR?~CLE
MANA~E~NT 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
redetermine the hours of work per day or week; to make and enforce
work rules for the purpose of efficiency, safe practice, discipline
or any other reason; to establish performance standards and to
review employees under these standards; to determine the equipment
to be used; to make technological changes; to separate or reassign
its employees; to determine duties and production standards; to
eliminate work; to require overtime work pursuant to state statute;
to select employees for overtime pursuant to state statutes; to
establish, modify and enforce rules and regulations.
The rights and powers of management mentioned in this section
do not list all such powers, and the rights listed, together with
all other rights, powers and prerogatives of the City, not
specifically ceded in this Agreement, remain vested exclusively in
the City. If this Agreement does not, by its terms, specifically
restrict management, then management retains power over the matter
in question.
13
The City's right of management shall no% be amen~e~ or llmi%e~
by any claim the City has condoned or tolerated any practice or any
acts of any employees. The exercise of management rights shall not
nullify guarantees specified in this Agreement nor restrict
existing civil service rights guaranteed by state statutes unless
said rights are changed by the terms of this Agreement.
ARTICLE IX
NO STRIKE CLAUSE
Section I
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 whomever established, where such refusal would in-
terfere 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 II
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 III
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.
14
AR?ICI~ X
SUPREMACY 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 XI
CREATION OF RULES AND REGULATIONS
Section I
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 II
Ail 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 XII
HIRING PP~CTICES
Section I
Hiring practices shall be strictly in compliance with State
Civil Service and other state and federal laws except as
15
specifically altered and set out herein. Addi%~onally, 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 maximum age for applicants who have no prior
military or police experience shall be forty (40) years
of age. The maximum age for applicants who have prior
military or police experience shall be forty-five (45)
years of age.
(2) Once an eligibility list has been established pursuant
to State Civil Service laws and local civil service
rules, the Chief of Police may hire any person, without
regard for ranking or position on the list, who has been
qualified to be on the eligibility list if the person
meets all other criteria required by state and federal
laws to be hired as a police officer.
The City may add seven (7) residency points to the final
eligibility score of all applicants who can prove they
are, and have been, for three (3) months prior to the
examination date, bona fide residents of the City of
Port Arthur, and who attain a raw score of seventy (70).
Individuals accepting residency points shall be required
to remain Port Arthur residents for a period of five (5)
years after appointment as a Port Arthur Police Officer.
Those employees who fail to comply with the five(5) year
residency requirement after receiving the additional
residency points shall be subject to termination. Said
points may be used in the City's hiring determination.
16
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.
Section II
Any existing eligibility list for beginning police officer
position shall become void with the effective date of this
contract.
ARTICLE XIII
PI%C~4OTIONS
Section I
Ail 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.
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 IV 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 II
Written test material for all promotional examinations may
include all or any combination of the following source material;
Texas Penal Code, Texas Code of Criminal Procedures, Texas Traffic
17
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 III
Promotional examinations will be held in accordance with the
provisions of Local Government Code 143.
Section IV
The Chief of Police may appoint from the bargaining unit, at
his sole discretion, three (3) positions below the rank of Chief.
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.
In no event shall any demoted appointee cause another member
of the bargaining unit to be demoted because of the appointee's
returning to a civil service position. The City shall authorize
additional staffing positions in order to avoid such "bumping";
however, the City may reduce the extra staffing positions later by
attrition in order to return to the previous authorized number of
positions.
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.
18
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.
ARTICL~ XIV
SENIORITY
Seniority for all current bargaining unit members shall be
governed by the seniority list contained in Attachment 2 of this
contract. Bargaining unit members hired after the effective date
of this contract 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 or Police Department policy in effect on
October 1, 1991, on issues not addressed in the 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.
ARTICLE XV
TRAINING
The City will comply with minimal TCLEOSE training
requirements. Further the City will endeavor to provide additional
training above TCLEOSE minimums as determined by the Police Chief's
assessment of Departmental needs. Required and approved training
time will be deemed time worked.
19
ARTICLE XVI
OFF-DUTY EMPLOYMENT
Officers shall be permitted to work off-duty employment
consistent with guidelines established by the Department.
Permission to work such jobs shall not be arbitrarily withheld and
no officer shall be required to perform off-duty employment. This
shall not be construed to allow refusal to work overtime.
Off-duty employment not related to police work shall be
permitted except in cases where such employment would adversely
affect the officer's ability to perform his duties as a police
officer.
Officers permitted to take an off-duty assignment outside the
City of Port Arthur shall not wear the City of Port Arthur police
uniform unless specifically authorized by the Chief.
ARTICLE XVII
~IEVANCE PRO(~DURE
Section I (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.
20
Section II (Time Limits)
The parties shall adhere to the time limits as set forth in
the procedure. In the event the employee or AssociatiOn fails to
meet the time limits at Step One (1) of the procedure, the
grievance shall be considered satisfied and no further action shall
be taken. Failure by the Association or the City to meet the time
limits at any other step shall be considered an unsatisfactory
response and shall automatically allow the grievance to proceed to
the next step. Any deadline or time restrictions set out in this
Contract with respect to grievance proceedings may be modified by
written agreement of the parties, however, neither party may be
compelled to waive its right to insist upon the deadline and time
restrictions provided herein.
Section III (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.
21
In the event that the Grievance Committee decides that a
grievance exists, the Association, representing the aggrieved
employee, shall proceed to Step 2. In the event that the Grievance
Committee decides that no grievance exists, there shall be no
further action taken under this procedure.
Submission of the grievance by the Association at Step 2
within twenty-one (21) days of the employee's actual or
constructive knowledge of the occurrence of the event causing the
problem, shall be considered proof of compliance of the seven (7)
and fourteen (14) day time limitations at this step.
Step 2. If a grievance is believed to exist, it shall be
presented in writing to the Chief and shall include (1) a statement
of the grievance and all facts on which it is based; (2) the
sections of the Agreement which have allegedly been violated; (3)
the remedy or adjustment, if any, sought; and (4) the employee's
signature; and (5) the date and the signature of the Chairman of
the Association's Grievance Committee and/or the President of the
Association. The Chief shall have fifteen (15) calendar days to
act on the grievance and render a decision in writing to said
Chairman and/or the President of the Association.
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.
22
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/orGrievance 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 IV (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 V (;%rbitration)
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 (A3~A). 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.
23
The conduct of the hearing shall be governed by the standard
rules of the American Arbitration Association. The parties, by
mutual agreement, may request that the hearing be held in
accordance with the Expedited Labor Arbitration Rules.
The Arbitrator shall not have the power to add to, amend,
modify, or subtract from the provisions of this Agreement in
arriving at this decision on the issue or issues presented and
shall confine his decision to the interpretation of this Agreement.
The Arbitrator shall be confined to the 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.
24
ARTICL~ XVIII
Section I
Monthly base salaries for regular hours of work effective
October 1, 2005 through September 30, 2008:
10/01/05 10/01/06 10/01/07
Police Officer/ entry 3,069.53 3,069.53 3,069.53
/ 1 yr. 3,361.24 3,404.94 3,449.20
/ 2 yrs. 3,490.31 3,541.13 3,587.17
/ 5 yrs. 3,628.53 3,682.78 3,730.66
/ 7 yrs. 3,701.10 3,793.26 3,879.88
/10 yrs. 3,775.12 3,907.06 4,035.08
/12 yrS. 3,850.62 4,024.27 4,196.48
/15 yrs. 3,927.64 4,145.00 4,364.34
/20 yrs. 4,006.19 4,269.35 4,538.91
Sergeant / entry 4,197.18 4,386.46 4,574.16
/ 6 mos. 4,365.07 4,561.92 4,757.13
Lieutenant / entry 4,583.32 4,790.01 4,994.99
/ 6 mos. 4,766.65 4,981.61 5,194.79
Captain / entry 4,957.32 5,180.88 5,402.58
/ 6 mos. 5,155.61 5,388.11 5,618.68
Section II
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 III
City of Port Arthur Police Officers who provide proof of
receipt of certification at the following levels shall receive
certification pay in the following amounts, only at the highest
level of certification:
25
POL%CE O~ICER LEVEL CURRENT
Intermediate $ 50.00
Advanced $100.00
Master $150.00
Ail certifications shall be issued by TCLEOSE. Officers who
pay the twenty-five dollar ($25.00) administrative fee and receive
the Master Police Officer certification from TCLEOSE will be
reimbursed the twenty-five dollar ($25.00) administrative fee.
Section IV
The City will issue paychecks based on a two-week pay period.
Section V
Employees who work the evening shift shall receive the
following shift differential:
$.45/hour for each hour worked
Employees who work the graveyard shift shall receive the
following shift differential:
$.50/hour for each hour worked
ARTICLE XIX
FIELD TRAINING OFFICER PAY
The Chief may compensate Field Training Officers up to an
additional Fifty Dollars ($50.00) per month for service as Field
Training Officer.
26
ARTICLE ~K
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 provided the employee qualified for overtime compensation
pursuant to Article XXVII. An employee shall not be considered
actively at work if the employee is on sick leave during the work
week. 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 XXI
BILINGUAL PAY
Officers demonstrating bilingual proficiency in a second
language shall receive an additional fifty ($50.00) dollars per
month, in addition to any other compensation they may receive.
The process for demonstrating bilingual proficiency and the
number of officers to receive bilingual pay shall be determined by
the City. The Chief of Police will provide a list of approved
languages for which officers shall receive the bilingual pay rate.
Bilingual pay status, once attained, shall not be taken away
without recourse by the affected employee, if desired, to the
Grievance Procedure, Section XVII, of this agreement.
27
ARTICLE XXII
PER DIEM
Association members shall receive a twenty-five dollar
($25.00} per diem allowance with no receipts required for all
authorized overnight, out-of-town, City Business travel.
ARTICLE XXIII
RESIDENCY INCENTIVE
The City will provide $1,500.00 (subject to applicable taxes)
for down payment and closing cost expenses to those employees who
elect to purchase and move into a home in a non-target area of the
City.
The City will provide $3,000.00 (subject to applicable taxes)
for down payment and closing cost expenses to those employees who
elect to purchase and move into a home in a target area of the City
as denoted in Attachment 3 to the contract.
It is the intent of this Article that employees shall qualify
for moving cost reimbursement expenses, and down payment and
closing cost assistance only once during the employee's employment
history with the City.
The City will provide $400.00 in moving cost assistance to
employees who elect to move into the City and rent or lease
residence, plus $75.00/month rental assistance for those that
rent/lease in a non-target area, or $150.00/month for those that
rent/lease in a target area.
For those employees who own and reside within the City, the
City will provide $75.00/month housing expense to those who reside
in a non-target area and $150.00/month to those employees who
reside in a target area.
28
Employees moving into the City and receiving monies for either
down payment and closing cost expenses, or moving cost assistance
as delineated above who move out of the City within three (3) years
of receipt will be required to pay back to the City a pro rata
share of the amount received.
NOTE: Residency Incentive Chart included as Attachment 3 -- shaded
portions indicate the target areas.
ARTICLE XXIV
ANNUAL Tm~VE (VACATION/HOLIDAYS)
Section I
The City shall provide each officer with annual leave in
accordance with the following schedule:
Completed Years of Service Vacation Holidays Total
1 through 9 15 Days 10 Days 25 Days
10 through 19 21 Days 10 Days 31 Days
20 through 24 27 Days 10 Days 37 Days
25 or more 30 Days 10 Days 40 Days
Section II
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 III
With approval, annual leave may be taken one day at a time.
Such approval shall not be arbitrarily withheld.
29
Section IV
Upon separation from employment, officers shall be paid for
all accrued, earned, unused, annual (i.e. vacation, holidays,
compensatory time) leave at the straight time rate. If more annual
leave is used than earned, the officer shall remit the appropriate
pro rata amount to the City.
In the event that an officer is killed in the line of duty,
the city shall pay to the officer's beneficiary all accumulated
vacation, holiday, compensatory and sick time within two regular
City pay periods.
ARTICLE XXV
SICK
Section I
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 II
At the time of termination, Officers hired on or before May
31, 1989, shall be paid, as a part of his terminal pay, for any
unused accumulated sick leave, not to exceed 1120 hours. Those
Officers hired on or after June 1, 1989, shall be paid for unused,
accumulated sick leave, not to exceed 720 hours.
30
Section III
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 IV
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 V
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 VI
Any unapproved use of sick leave may lead to disciplinary
action up to and including discharge.
31
Section I
In the event of a death in the immediate family of an employee
covered by this agreement, the employee shall be granted up to
three (3) calendar days off, with pay, at the time of the
emergency. Immediate family shall be defined as follows: spouse
and children, mother, father, brother, sister, and grandparents of
the employee and the employee's spouse.
Section II
Ail leaves under this clause shall be approved by the Chief or
his designated representative.
ARTICLE XXVII
COMPENSATORY/OVERTIME PAY
All work performed by an officer in excess of forty (40) hours
during the normal work week shall be deemed overtime and shall be
compensated on the basis of time and one-half the officer's regular
rate of pay in salary or compensatory time. Officers shall qualify
for overtime compensation only when they have been actively at work
for forty (40) hours during the work week. Each officer may elect
which method of compensation he prefers for each instance of
overtime worked, except that the City may elect to limit
accumulation of compensatory time to eighty (80) hours.
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.
32
Sick leave shall not be deemed as days worked for purposes of
qualifying for overtime at the rate of time and one-half.
Employees who are called back to work from off-duty shall be
guaranteed a minimum of two hours.
Upon termination from employment with the Department, an
officer will be paid in full for all compensatory time accumulated
under this section.
A/~TICLE XXVIII
JURY DUTY
When an officer is called to jury duty on a workday, he shall
be compensated at his regular rate of pay (excluding overtime).
Officers shall be granted one (1) hour travel time each way. In
order to receive such pay and benefits, the officer may be required
to present official notification of jury service to his immediate
supervisor. By written request, the City may require officers to
reimburse any monies paid by federal courts for such service.
ARTICLE ~XIX
?m~VES OF ABSENCE
Section I (Unpaid)
The City will consider written requests for unpaid leaves of
absence. If granted, no benefits accrue or are payable during an
unpaid leave of absence. The City has the discretion to approve
any and all requests for leaves of absences.
33
Section II (Military Leave)
Any officer serving in any branch of the armed services
reserves who is called to active duty due to a declared national
emergency shall receive differential pay from the City for a period
of up to ninety (90) days. Such differential pay shall be equal to
the difference between the regular pay that the officer would have
been entitled to while working, and the total pay and allowances
that are received for the military service. The City shall not
provide such pay for voluntary enlistment or draft.
ARTICLE XXX
DISCIPLINARY ACTIONS
It is intended that disciplinary actions taken under this
article comply with the provisions of the Local Government Code,
Chapter 143, except pursuant to Article 5154c-1 Section 20(b), now
codified Local Government Code Chapter 174, appeals shall be
exclusively to binding arbitration, (named hearing examiner in
Chapter 143), and officers shall have no right of appeal of
disciplinary actions to the Civil Service Commission.
ARTICLE XXXI
BILL OF RIGHTS
Section I (Notification)
The provisions of this article apply at the initiation of any
investigation which a reasonable person could believe will lead to
discharge or criminal prosecution of an officer, and the officer
shall be notified of such investigation as soon as practical. If
such notification would compromise the investigation, this
notification requirement does not apply.
34
Unless the Chief of Police or his designee finds in his sole
discretion that disclosure of documents, names, and evidence may
pose a danger to the community, would interfere with a criminal
investigation, would be a danger to a confidential informant or
could cause retaliation, the officer should be allowed to inspect
the evidence and documents in an investigation.
If the Police Chief, or his designee, denies disclosure of
information, documents, etc. under this section, the officer shall
have the right to appeal the Chief's decision to the Civil Service
Commission. Said appeal must be filed with the Civil Service
Commission within five (5) days after the officer knew, or should
have known, of the Chief's denial. The Commission shall determine
the validity and/or reasonableness of such denial. The
Commission's decision shall be final.
Section II (Conduct of Interview)
An interview of an officer under investigation shall take
place at the police department unless another location is warranted
by the facts.
The officer may have a representative of his choice present
during questioning if he so requests.
The officer shall be informed of the identity of all persons
present in the room during the interrogation.
The officer shall be informed of the general nature of the
investigation, and sufficient information to reasonably apprise the
officer of the allegations shall be provided, if known.
35
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 III (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 Iv (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 V (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:
36
1. The compl~inmnt, upon providin~ a written statement,
submits to and passes a polygraph examination and, if
applicable, the department head has complied with
Paragraph B below; or
2. The police officer is ordered in writing to take an
examination under Paragraph E below.
B. The department head shall, on the written request of a police
officer, provide to the police officer the complainant's
polygraph examination results 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
37
police officer. If, and in the event, %he 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
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.
38
However, if it is the City Manager's d cision 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 VI (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 XXXII
MEDICAL AND DENTAL INSU~J%NCE
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.
Provided, however the selection of insurance carrier and the
determination of the level of benefits provided shall be at the
discretion of the Employer.
39
Bt~J~T 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 XXXIV
RETIREMENT
Section I
Each officer who retires from the force shall be given a
retirement badge at no charge.
Section II
Effective January 1, 2002, the City of Port Arthur will adopt
a twenty (20) year/any age retirement option with the Texas
Municipal Retirement System.
ARTICLE XXXV
PATROL CAR PROTECTIVE C~ES
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.
40
ARTICLE XXXVI
CLOTHING AND EQUIPMENT
The City shall issue to each officer upon employment, 5 long
sleeve and 5 short sleeve uniform shirts, 5 pair 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. Ail uniforms and
equipment issued shall be replaced for normal wear or when damaged
or destroyed, if such loss is not a result of the officer's
negligence.
The City shall continue a policy of providing reasonable dry
cleaning and initial alterations for officer uniforms, dress shirts
and suits.
Plain clothes officers shall receive $600.00 annually, paid
quarterly as a clothing allowance.
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.
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.
41
ARTICLE XXXVI I
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, he shall undergo a debriefing with a City appointed
psychologist or psychiatrist at the expense of the City, as soon as
is possible after the incident. If it is medically determined that
further counseling is appropriate, it shall be provided at City
expense. Such counseling, including the initial debriefing, 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.
ARTICLE XXXVIII
FAMILY MEDICAL Tm~VE ACT
The City of Port Arthur and the Port Arthur Police Association
in compliance with the Family Medical Leave Act (FMLA), codified as
29 USC, Section 2601, et seq. do hereby incorporate herein, and
make part hereof, said ACT as part of this agreement as if fully
delineated herein. Ail employees are subject to Section 17-82{h)
Family Medical Leave Act Policy.
42
ARTICLE XXXIX
ASSOCIATION LEAVE
The Association shall be granted a maximum of three hundred
(300) hours to the Association Leave Pool at the beginning of each
fiscal year (q.v. 10/01/05, 10/1/06, and 10/1/07) 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 year. In addition, this
Pool shall be charged with time taken under Article VII,
Association Rights. Any unused time shall expire ninety (90) days
after the end of the fiscal year in which it was awarded.
The Association must obtain the Police Chief's 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.
ART C XL
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.
43
ARTIe~
DP. UGANDALC~HOL POLICY
Random Drug and Alcohol Testing. In addition to the Police
Department's Rules and Regulations, policies and procedures (ICOP
Rules 4 - 1.19 through 4 1.22) related to drug and alcohol use
and test, there shall also be random testing as follows:
All police officers of the department shall submit to random
drug and alcohol testing as selected by manual random sample.
The City may randomly test up to 50% of all police officers
during a one year period. All testing will be performed at City
expense. All testing will be split sample testing. All random
testing shall be conducted at Forward Edge, Inc. In the event
Forward Edge, Inc. is unable to perform random testing to meet the
conditions of this agreement, a mutually agreed, alternate drug
testing facility will be utilized.
In the event of a critical incident or reasonable suspicion of
drug or alcohol use, the City may use a licensed medical facility
for testing.
Nothing herein shall preclude the parties from mutually
agreeing to use another testing facility for drug testing.
ARTICLE XLII
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
44
the full and compl~t~ Aoreem~nt of the Darties 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.
This Agreement has been executed this __ day of ,
, in duplicate counterparts.
APPROVED:
EMPLOYER UNION
Mayor President
City Manager Secretary
City Secretary Member
45
ATTACHMENT 1
SENIORITY LIST
*THE SENIORITY LIST IS BEING PREPA/~ED BY THE PORT ARTHUR POLICE
A~SOCIATION ~ND IS A PART OF THIS CONTRACT. IT WILL BE PLACED HERE
UPON COMPLETION.
46
ATTAC~NT 2
REr.~.ASE 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:
I.
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.
II.
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
47
III.
Except as provided in Article IV 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.
IV.
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.
V.
I hereby retain the right to voluntarily resign my position as
and, in the event, reassume the position
of with full protection by the Port
Arthur Police Association from and after the effective date that I
assume such position without the requirement of payment of any
back-dues, assessments, charges or other penalties of any type.
EXECUTED this day of ,
By:
ACCEPTED:
PORT ARTHUR POLICE ASSOCIATION
By:
Association President
ACCEPTED:
THE CITY OF PORT ARTHUR
By:
City Manager
48
AGRE~.MENT BETWEEN
CITY OF PORT ARTHUR, TEXAS
THE PORT ARTHUR POLICE ASSOCIATION
E~-~.CTIVE FR(H4 OCTOBER 1! 2005 THROiJGH SEPTEI~ER 30~ 2008
DATE RATIFIED BY THE PAPA:
DATE RATIFIED BY THE CPA:
TABLE OF CONTENTS
Page
ARTICLE I - PREAMBLE .............................................. 4
ARTICLE II - DURATION ............................................. 4
ARTICLE III- DEFINITIONS .......................................... 5
ARTICLE IV - RECOGNITION .......................................... 6
ARTICLE V - ASSOCIATION RIGHTS .................................... 8
ARTICLE VI - NON-DISCRIMINATION .................................. 10
ARTICLE VII - MAINTEN~NCE OF STANDARDS ........................... 12
ARTICLE VIII - MANAGEMENT RIGHTS ................................. 13
ARTICLE IX - NO STRIKE CLAUSE .................................... 14
ARTICLE X - SUPREMACY CLAUSE ..................................... 15
ARTICLE XI - CREATION OF RULES AND REGULATIONS ................... 15
ARTICLE XII - HIRING PRACTICES .................................. 15
ARTICLE XIII - PROMOTIONS ....................................... 17
ARTICLE XIV - SENIORITY ......................................... 19
ARTICLE XV - TRAINING ........................................... 19
ARTICLE XVI - OFF-DUTY EMPLOYMENT ................................ 20
ARTICLE XVII - GRIEVANCE PROCEDURE ............................... 20
ARTICLE XVIII - WAGES ............................................ 25
ARTICLE XIX - FIELD TRAINING OFFICER PAY ......................... 26
ARTICLE XX - COURT PAY ........................................... 27
ARTICLE XXI - BILINGUAL PAY ...................................... 27
ARTICLE XXII - PER DIEM ........................................ 28
ARTICLE XXIII - RESIDENCY INCENTIVE .............................. 28
2
Page
ARTICLE XXIV - ANNUAL LEAVE (VACATION/HOLIDAYS) .................. 29
ARTICLE XXV - SICK LEAVE ........................................ 30
ARTICLE XXVI - FUNERAL LEAVE ................................... 32
ARTICLE XXVII - COMPENSATORY/OVERTIME PAY ...................... 32
ARTICLE XXVIII - JURY DUTY ..................................... 33
ARTICLE XXIX - LEAVES OF ABSENCE ................................ 33
ARTICLE XXX - DISCIPLINARY ACTIONS .............................. 34
.............. 34
ARTICLE XXXI - BILL OF RIGHTS ....................
ARTICLE XXXII - MEDICAL AND DENTAL INSURANCE .................... 39
ARTICLE XXXIII - BULLET PROOF VESTS ............................. 40
ARTICLE XXXIV - RETIREMENT ...................................... 40
.............. 40
ARTICLE XXXV - PATROL CAR PROTECTIVE CAGES .......
.............. 41
ARTICLE XXXVI - CLOTHING AND EQUIPMENT ...........
ARTICLE XXXVII - PSYCHOLOGICAL SERVICES ......................... 42
ARTICLE XXXVIII FAMILY MEDICAL LEAVE ACT ....................... 42
ARTICLE XXXIX - ASSOCIATION LEAVE ................................ 43
ARTICLE XL - SAVINGS CLAUSE ...................................... 43
ARTICLE XLI - DRUG AND ALCOHOL POLICY ............................ 44
ARTICLE XLII - FULL AND FINAL SCOPE OF THE AGREEMENT ............ 44
ATTACHMENT 1 - SENIORITY LIST ................................... 46
ATTACHMENT 2 - RELEASE OF LIABILITY AGREEMENT ................... 47
ATTACHMENT 3 - RESIDENCY INCENTIVE CHART ...........................
3
ARTICLE I
The following Agreement by and between the City ~f 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 II
DURATION
This Agreement shall be effective October 1, 2005, and shall
remain in full force and effect through the 30th day of September,
2008, or until such time as it is superseded by a new contract
between parties, whichever occurs later, provided, however, that in
no event shall this Agreement continue in effect after September
30th,2009.
ARTICLE III
DEFINITIONS
A. ~Association" means the Port Arthur Police Association.
B."Board of Directors" means 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 than three
(3) appointees of the Chief above the rank of Captain, as
defined under Section V 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 XVII.
5
L.'~Inte~rity" means soundness or moral 9rinciple 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.
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 IV
RECOGNITION
Section I
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
6
which has as its purpose representation of employees in collective
bargaining matters; sole and exclusive access and use of
theAssociation 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 II
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 United States
Constitution, Chapter 143 of the Texas Local Government Code, and
other applicable statutes. It is understood that matters subject
to collective bargaining shall be primarily dealt with by the
appointed representatives.
7
ARTICLE V
ASSOCIATION RIGHTS
Section I
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
unitwishing to voluntarily withdraw his authorization for
Association dues deductions and other assessments must personally
sign the appropriate form in the Police Department.
Ail 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 II
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's negotiating team, not to exceed four (4)
members, shall be permitted without loss of pay to prepare
bargaining proposals (not to exceed eight (8) hours per person per
fiscal year when negotiations take place) and to attend negotiating
sessions with City representatives, where such sessions or meetings
are scheduled during working hours; or shall be given time off
without loss of pay for the scheduled night shift immediately
preceding such negotiating sessions.
8
The Association President may, without loss of pay, carry out
the duties set forth in this Agreement so long as manpower
requirements permit and prior approval is granted by the Chief.
Such approval shall not be unreasonably withheld.
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 III
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.
9
Section IV
Members of the Board who are on duty shall be permitted to
attend without loss of pay the regularly scheduled monthly board
meetings, and up to two (2) specially called Board meetings per
fiscal year. Any such attendance shall not exceed one and one-half
(1 1/2) hours per meeting. Such members of the Board who are on
duty shall be subject to emergency recall, and the Association
shall insure the immediate response capability of these officers.
The Association President or his designee shall be permitted
to speak at shift roll-call meetings about Association business for
a period not to exceed a total of fifteen (15) minutes. Prior to
speaking at such roll calls, the Association representative shall
notify the shift supervisor no less than two (2) hours prior to
roll call of the subject matter to be discussed.
ARTICLE VI
NON-DISCRIMINATION
Section I
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 II
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,
10
or co rc mD10¥ees 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. That neither party shall violate the obligation
to bargain in good faith set forth in Section
174.105 Local Government Code, V.T.C.S.
D. 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.
Section III
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 IV, Section I,
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.
11
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 VII
MAINTENANCE OF STANDARDS
Subject to other provisions of this agreement, substantial
economic benefits that are not covered by the terms of this
agreement or are outside of the acknowledged rights of management
and that are mandatory subjects of bargaining and constitute past
practices under settled arbitration law shall be continued during
the term of this agreement. The parties may mutually agree
otherwise.
The employer has the right to change directives set out in
its Police Policy Manual; however, if the employer fails to
follow the directives set out in its Police Policy Manual, such
action shall be grievable under the Grievance Procedure of this
Agreement.
12
ARTICLE VIII
MANAGF/~NT 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
redetermine the hours of work per day or week; to make and enforce
work rules for the purpose of efficiency, safe practice, discipline
or any other reason; to establish performance standards and to
review employees under these standards; to determine the equipment
to be used; to make technological changes; to separate or reassign
its employees; to determine duties and production standards; to
eliminate work; to require overtime work pursuant to state statute;
to select employees for overtime pursuant to state statutes; to
establish, modify and enforce rules and regulations.
The rights and powers of management mentioned in this section
do not list all such powers, and the rights listed, together with
all other rights, powers and prerogatives of the City, not
specifically ceded in this Agreement, remain vested exclusively in
the City. If this Agreement does not, by its terms, specifically
restrict management, then management retains power over the matter
in question.
13
The City's right of management shall not be amended or limited
by any claim the City has condoned or tolerated any practice or any
acts of any employees. The exercise of management rights shall not
nullify guarantees specified in this Agreement nor restrict
existing civil service rights guaranteed by state statutes unless
said rights are changed by the terms of this Agreement.
ARTICLE IX
NO STRIKE CLAUSE
Section I
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 whomever established, where such refusal would in-
terfere 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 II
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 III
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.
14
ARTICLE X
SUPREMACY 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 XI
CREATION OF RULES AND RE~3LATIONS
Section I
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 II
Ail 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 XII
HIRING PP~CTICES
Section I
Hiring practices shall be strictly in compliance with State
Civil Service and other state and federal laws except as
15
sD cifically 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 maximum age for applicants who have no prior
military or police experience shall be forty (40) years
of age. The maximum age for applicants who have prior
military or police experience shall be forty-five (45)
years of age.
(2) Once an eligibility list has been established pursuant
to State Civil Service laws and local civil service
rules, the Chief of Police may hire any person, without
regard for ranking or position on the list, who has been
qualified to be on the eligibility list if the person
meets all other criteria required by state and federal
laws to be hired as a police officer.
The City may add seven (7) residency points to the final
eligibility score of all applicants who can prove they
are, and have been, for three (3) months prior to the
examination date, bona fide residents of the City of
Port Arthur, and who attain a raw score of seventy (70).
Individuals accepting residency points shall be required
to remain Port Arthur residents for a period of five (5)
years after appointment as a Port Arthur Police Officer.
Those employees who fail to comply with the five(5) year
residency requirement after receiving the additional
residency points shall be subject to termination. Said
points may be used in the City's hiring determination.
16
In wnt that this Article becomes the s bject of
litigation, the City of Port Arthur agrees that it shall
indermnify, hold harraless, and provide defense for the
Union and any or all Union Officers who are subjects of
such litigation.
Section II
Any existing eligibility list for beginning police officer
position shall become void with the effective date of this
contract.
ARTICLE XIII
PP4~4OTIONS
Section I
Ail 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.
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 IV 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 II
Written test material for all promotional examinations may
include all or any combination of the following source material;
Texas Penal Code, Texas Code of Criminal Procedures, Texas Traffic
17
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
exa~ o
Section III
Promotional examinations will be held in accordance with the
provisions of Local Government Code 143.
Section IV
The Chief of Police may appoint from the bargaining unit, at
his sole discretion, three (3) positions below the rank of Chief.
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.
In no event shall any demoted appointee cause another member
of the bargaining unit to be demoted because of the appointee's
returning to a civil service position. The City shall authorize
additional staffing positions in order to avoid such "bumping";
however, the City may reduce the extra staffing positions later by
attrition in order to return to the previous authorized number of
positions.
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.
18
Section V
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.
ARTICLE XIV
SENIORITY
Seniority for all current bargaining unit members shall be
governed by the seniority list contained in Attachment 2 of this
contract. Bargaining unit members hired after the effective date
of this contract 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 or Police Department policy in effect on
October 1, 1991, on issues not addressed in the 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.
ARTICLE XV
TRAINING
The City will comply with minimal TCLEOSE training
requirements. Further the City will endeavor to provide additional
training above TCLEOSE minimums as determined by the Police Chief's
assessment of Departmental needs. Required and approved training
time will be deemed time worked.
19
OFF-DUTY EMPLOYMENT
Officers shall be permitted to work off-duty employment
consistent with guidelines established by the Department.
Permission to work such jobs shall not be arbitrarily withheld and
no officer shall be required to perform off-duty employment. This
shall not be construed to allow refusal to work overtime.
Off-duty employment not related to police work shall be
permitted except in cases where such employment would adversely
affect the officer's ability to perform his duties as a police
officer.
Officers permitted to take an off-duty assignment outside the
City of Port Arthur shall not wear the City of Port Arthur police
uniform unless specifically authorized by the Chief.
ARTICLE XVII
GRIEVANCE PROCEDURE
Section I (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.
20
Sa tion II (Time Limits)
The parties shall adhere to the time limits as set forth in
the procedure. In the event the employee or Association fails to
meet the time limits at Step One (1) of the procedure, the
grievance shall be considered satisfied and no further action shall
be taken. Failure by the Association or the City to meet the time
limits at any other step shall be considered an unsatisfactory
response and shall automatically allow the grievance to proceed to
the next step. Any deadline or time restrictions set out in this
Contract with respect to grievance proceedings may be modified by
written agreement of the parties, however, neither party may be
compelled to waive its right to insist upon the deadline and time
restrictions provided herein.
Section III (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.
21
In the event that the Grievance Committee decides %hat 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 ~. If a grievance is believed to exist, it shall be
presented in writing to the Chief and shall include (1) a statement
of the grievance and all facts on which it is based; (2) the
sections of the Agreement which have allegedly been violated; (3)
the remedy or adjustment, if any, sought; and (4) the employee's
signature; and (5) the date and the signature of the Chairman of
the Association's Grievance Committee and/or the President of the
Association. The Chief shall have fifteen (15) calendar days to
act on the grievance and render a decision in writing to said
Chairman and/or the President of the Association.
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.
22
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/orGrievance 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 IV (Special Grie%-ances)
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 V (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.
23
The conduct of the hearing shall be governed by the standard
rules of the American Arbitration Association. The parties, by
mutual agreement, may request that the hearing be held in
accordance with the Expedited Labor Arbitration Rules.
The Arbitrator shall not have the power to add to, amend,
modify, or subtract from the provisions of this Agreement in
arriving at this decision on the issue or issues presented and
shall confine his decision to the interpretation of this Agreement.
The Arbitrator shall be confined to the 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.
24
ARTICLE XVIII
S~tion I
Monthly base salaries for regular hours of work effective
October 1, 2005 through September 30, 2008:
10/01/05 10/01/06 10/01/07
Police Officer/ entry 3,069.53 3,069.53 3,069.53
/ 1 yr 3,361.24 3,404.94 3,449.20
/ 2 yrs 3,490.31 3,541.13 3,587.17
/ 5 yrs 3,628.53 3,682.78 3,730.66
/ 7 yrs 3,701.10 3,793.26 3,879.88
/10 yrs 3,775.12 3,907.06 4,035.08
/12 yrs 3,850.62 4,024.27 4,196.48
/15 yrs 3,927.64 4,145.00 4,364.34
/20 yrs 4,006.19 4,269.35 4,538.91
Sergeant / entry 4,197.18 4,386.46 4,574.16
/ 6 mos. 4,365.07 4,561.92 4,757.13
Lieutenant / entry 4,583.32 4,790.01 4,994.99
/ 6 mos. 4,766.65 4,981.61 5,194.79
Captain / entry 4,957.32 5,180.88 5,402.58
/ 6 mos. 5,155.61 5,388.11 5,618.68
Section II
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 III
City of Port Arthur Police Officers who provide proof of
receipt of certification at the following levels shall receive
certification pay in the following amounts, only at the highest
level of certification:
25
POLICE OFFICER LEVEL CURP~NT
Intermediate $ 50.00
Advanced $100.00
Master $150.00
All certifications shall be issued by TCLEOSE. Officers who
pay the twenty-five dollar ($25.00) administrative fee and receive
the Master Police Officer certification from TCLEOSE will be
reimbursed the twenty-five dollar ($25.00) administrative fee.
Section IV
The City will issue paychecks based on a two-week pay period.
Section V
Employees who work the evening shift shall receive the
following shift differential:
$.45/hour for each hour worked
Employees who work the graveyard shift shall receive the
following shift differential:
$.50/hour for each hour worked
ARTICLE XIX
FIELD TRAINING OFFICER PAY
The Chief may compensate Field Training Officers up to an
additional Fifty Dollars ($50.00) per month for service as Field
Training Officer.
26
~a~TICLE XX
CO~RTPAY
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 provided the employee qualified for overtime compensation
pursuant to Article XXVII. An employee shall not be considered
actively at work if the employee is on sick leave during the work
week. 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 XXI
BILIN6~JAL PAY
Officers demonstrating bilingual proficiency in a second
language shall receive an additional fifty ($50.00) dollars per
month, in addition to any other compensation they may receive.
The process for demonstrating bilingual proficiency and the
number of officers to receive bilingual pay shall be determined by
the City. The Chief of Police will provide a list of approved
languages for which officers shall receive the bilingual pay rate.
Bilingual pay status, once attained, shall not be taken away
without recourse by the affected employee, if desired, to the
Grievance Procedure, Section XVII, of this agreement.
27
XXII
PER DIEM
Association members shall receive a twenty-five dollar
($25.00) per diem allowance with no receipts required for all
authorized overnight, out-of-town, City Business travel.
ARTICLE XXIII
RESIDENCY INCENTIVE
The City will provide $1,500.00 (subject to applicable taxes)
for down payment and closing cost expenses to those employees who
elect to purchase and move into a home in a non-target area of the
City.
The City will provide $3,000.00 (subject to applicable taxes)
for down payment and closing cost expenses to those employees who
elect to purchase and move into a home in a target area of the City
as denoted in Attachment 3 to the contract.
It is the intent of this Article that employees shall qualify
for moving cost reimbursement expenses, and down payment and
closing cost assistance only once during the employee's employment
history with the City.
The City will provide $400.00 in moving cost assistance to
employees who elect to move into the City and rent or lease
residence, plus $75.00/month rental assistance for those that
rent/lease in a non-target area, or $150.00/month for those that
rent/lease in a target area.
For those employees who own and reside within the City, the
City will provide $75.00/month housing expense to those who reside
in a non-target area and $150.00/month to those employees who
reside in a target area.
28
Employees moving in%o %he City and r c ivino monies for either
down payment and closing cost expenses, or moving cost assistance
as delineated above who move out of the City within three (3) years
of receipt will be required to pay back to the City a pro rata
share of the amount received.
NOTE: Residency Incentive Chart included as Attachment 3 -- shaded
portions indicate the target areas.
ARTICLE XXIV
A~ LEAVE (VACATION/HOLIDAYS)
Seotion I
The City shall provide each officer with annual leave in
accordance with the following schedule:
Completed Years of Service Vacation Holidays Total
1 through 9 15 Days 10 Days 25 Days
10 through 19 21 Days 10 Days 31 Days
20 through 24 27 Days 10 Days 37 Days
25 or more 30 Days 10 Days 40 Days
Section II
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 III
With approval, annual leave may be taken one day at a time.
Such approval shall not be arbitrarily withheld.
29
Section IV
Upon separation from employment, officers shall be paid for
all accrued, earned, unused, annual (i.e. vacation, holidays,
compensatory time) leave at the straight time rate. If more annual
leave is used than earned, the officer shall remit the appropriate
pro rata amount to the City.
In the event that an officer is killed in the line of duty,
the City shall pay to the officer's beneficiary all accumulated
vacation, holiday, compensatory and sick time within two regular
City pay periods.
SICK T~VE
Seotion I
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 II
At the time of termination, Officers hired on or before May
31, 1989, shall be paid, as a part of his terminal pay, for any
unused accumulated sick leave, not to exceed 1120 hours. Those
Officers hired on or after June 1, 1989, shall be paid for unused,
accumulated sick leave, not to exceed 720 hours.
3O
Section III
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 IV
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 V
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 VI
Any unapproved use of sick leave may lead to disciplinary
action up to and including discharge.
31
ARTICLE ~f
In the event of a death in the immediate family of an employee
covered by this agreement, the employee shall be granted up to
three (3) calendar days off, with pay, at the time of the
emergency. Immediate family shall be defined as follows: spouse
and children, mother, father, brother, sister, and grandparents of
the employee and the employee's spouse.
Section II
Ail leaves under this clause shall be approved by the Chief or
his designated representative.
ARTICLE XXVII
COMPENSATORY/OVERTI~ PAY
Ail work performed by an officer in excess of forty (40) hours
during the normal work week shall be deemed overtime and shall be
compensated on the basis of time and one-half the officer's regular
rate of pay in salary or compensatory time. Officers shall qualify
for overtime compensation only when they have been actively at work
for forty (40) hours during the work week. Each officer may elect
which method of compensation he prefers for each instance of
overtime worked, except that the City may elect to limit
accumulation of compensatory time to eighty (80) hours.
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.
32
Sick leave shall not be deemed as days worked for purposes of
qualifying for overtime at the rate of time and one-half.
Employees who are called back to work from off-duty shall be
guaranteed a minimum of two hours.
Upon termination from employment with the Department, an
officer will be paid in full for all compensatory time accumulated
under this section.
ARTICI~ X~gFIII
JURY DU%"f
When an officer is called to jury duty on a workday, he shall
be compensated at his regular rate of pay (excluding overtime
Officers shall be granted one (1) hour travel time each way. In
order to receive such pay and benefits, the officer may be required
to present official notification of jury service to his immediate
supervisor. By written request, the City may require officers to
reimburse any monies paid by federal courts for such service.
ARTICLE XXIX
T~VES OF ABSENCE
Section I (Unpaid)
The City will consider written requests for unpaid leaves of
absence. If granted, no benefits accrue or are payable during an
unpaid leave of absence. The City has the discretion to approve
any and all requests for leaves of absences.
33
Sseti0n I1 (Military Leave)
Any officer serving in any branch of the armed services
reserves who is called to active duty due to a declared national
emergency shall receive differential pay from the City for a period
of up to ninety (90) days. Such differential pay shall be equal to
the difference between the regular pay that the officer would have
been entitled to while working, and the total pay and allowances
that are received for the military service. The City shall not
provide such pay for voluntary enlistment or draft.
ARTICLE XXX
DISCIPLINARY ACTIONS
It is intended that disciplinary actions taken under this
article comply with the provisions of the Local Government Code,
Chapter 143, except pursuant to Article 5154c-1 Section 20(b), now
codified Local Government Code Chapter 174, appeals shall be
exclusively to binding arbitration, (named hearing examiner in
Chapter 143), and officers shall have no right of appeal of
disciplinary actions to the Civil Service Commission.
ARTICLE XXXI
BILL OF RIGHTS
Section I (Notification)
The provisions of this article apply at the initiation of any
investigation which a reasonable person could believe will lead to
discharge or criminal prosecution of an officer, and the officer
shall be notified of such investigation as soon as practical. If
such notification would compromise the investigation, this
notification requirement does not apply.
34
Unless the Chief of Police or his designee finds in his s01e
discretion that disclosure of documents, names, and evidence may
pose a danger to the community, would interfere with a criminal
investigation, would be a danger to a confidential informant or
could cause retaliation, the officer should be allowed to inspect
the evidence and documents in an investigation.
If the Police Chief, or his designee, denies disclosure of
information, documents, etc. under this section, the officer shall
have the right to appeal the Chief's decision to the Civil Service
Commission. Said appeal must be filed with the Civil Service
Commission within five (5) days after the officer knew, or should
have known, of the Chief's denial. The Commission shall determine
the validity and/or reasonableness of such denial. The
Commission's decision shall be final.
Section II (Conduct of Interview)
An interview of an officer under investigation shall take
place at the police department unless another location is warranted
by the facts.
The officer may have a representative of his choice present
during questioning if he so requests.
The officer shall be informed of the identity of all persons
present in the room during the interrogation.
The officer shall be informed of the general nature of the
investigation, and sufficient information to reasonably apprise the
officer of the allegations shall be provided, if known.
35
The interview shall be completed with reasonable dlspa%ch.
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 III (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 IV (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 V (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:
36
1. The complainant, upon providing a written statement,
submits to and passes a polygraph examination and, if
applicable, the department head has complied with
Paragraph B below; or
2. The police officer is ordered in writing to take an
examination under Paragraph E below.
B. The department head shall, on the written request of a police
officer, provide to the police officer the complainant's
polygraph examination results 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
37
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
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.
38
However, if it is the City Manager's d cision 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 VI (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 XXXII
MEDICAL AND DENTAL INSURANCE
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.
Provided, however the selection of insurance carrier and the
determination of the level of benefits provided shall be at the
discretion of the Employer.
39
BULLET P~3OFVESTS
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 XXXIV
RETIREmeNT
Section I
Each officer who retires from the force shall be given a
retirement badge at no charge.
Section II
Effective January 1, 2002, the City of Port Arthur will adopt
a twenty (20) year/any age retirement option with the Texas
Municipal Retirement System.
PATROL CAR PROTECTIVE CAGES
Protective cages shall be installed in all marked patrol
vehicles in which officers are required to transport prisoners.
Cages shall be replaced when an officer's rear vision is
significantly impaired due to wear, scratches, etc.
40
A~TICLE XXXVI
CLOTHING AND EQUIPMENT
The City shall issue to each officer upon employment, 5 long
sleeve and 5 short sleeve uniform shirts, 5 pair of uniform pants,
1 light jacket, t heavy coat or 1 cor~bination jacket with removable
liner, 1 set of appropriate "Sam Browne" leather gear, 1 slicker
suit with cap cover, and 1 impact weapon. Ail uniforms and
equipment issued shall be replaced for normal wear or when damaged
or destroyed, if such loss is not a result of the officer's
negligence.
The City shall continue a policy of providing reasonable dry
cleaning and initial alterations for officer uniforms, dress shirts
and suits.
Plain clothes officers shall receive $600.00 annually, paid
quarterly as a clothing allowance.
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.
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.
41
ARTICLE XXXVII
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, he shall undergo a debriefing with a City appointed
psychologist or psychiatrist at the expense of the City, as soon as
is possible after the incident. If it is medically determined that
further counseling is appropriate, it shall be provided at City
expense. Such counseling, including the initial debriefing, 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.
ARTICLE X~XVIII
FAMILY I~DICAL LEAVE ACT
The City of Port Arthur and the Port Arthur Police Association
in compliance with the Family Medical Leave Act (FMLA), codified as
29 USC, Section 2601, et seq. do hereby incorporate herein, and
make part hereof, said ACT as part of this agreement as if fully
delineated herein. All employees are subject to Section 17-82(h)
Family Medical Leave Act Policy.
42
ARTICLE XXXIX
ASSOCIATION ?~VE
The Association shall be granted a maximum of three hundred
(300) hours to the Association Leave Pool at the beginning of each
fiscal year {q.v. 10/01/05, 10/1/06, and 10/1/07) 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 year. In addition, this
Pool shall be charged with time taken under Article VII,
Association Rights. Any unused time shall expire ninety (90) days
after the end of the fiscal year in which it was awarded.
The Association must obtain the Police Chief's 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 XL
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.
43
ARTICLE XLI
DRUG ANDALCOHOL POLICY
Random Drug and Alcohol Testing. In addition to the Police
Department's Rules and Regulations, policies and procedures (ICOP
Rules 4 1.19 through 4 - 1.22) related to drug and alcohol use
and test, there shall also be random testing as follows:
Ail police officers of the department shall submit to random
drug and alcohol testing as selected by manual random sample.
The City may randomly test up to 50% of all police officers
during a one year period. Ail testing will be performed at City
expense. Ail testing will be split sample testing. Ail random
testing shall be conducted at Forward Edge, Inc. In the event
Forward Edge, Inc. is unable to perform random testing to meet the
conditions of this agreement, a mutually agreed, alternate drug
testing facility will be utilized.
In the event of a critical incident or reasonable suspicion of
drug or alcohol use, the City may use a licensed medical facility
for testing.
Nothing herein shall preclude the parties from mutually
agreeing to use another testing facility for drug testing.
ARTICLE XLII
FULL AND FINAL SCOPE OF THE ~EE~NT
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
44
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.
This Agreement has been executed this __ day of ,
, in duplicate counterparts.
APPROVED:
EMPLOYER UNION
Mayor President
City Manager Secretary
City Secretary Member
45
ATT~4ENT 1
SENIORITY LIST
*THE SENIORITY LIST IS BEING PREPAP~ED BY THE PORT ARTHUR POLICE
ASSOCIATION ~ND IS A PART OF THIS CONTRACT. IT WILL BE PLACED HERE
UPON COMPLETION.
46
ATTAC~4ENT 2
RE~.~.ASE 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:
I.
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.
II.
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
47
III.
Except as provided in Article IV 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.
IV.
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.
V.
I hereby retain the right to voluntarily resign my position as
and, in the event, reassume the position
of with full protection by the Port
Arthur Police Association from and after the effective date that I
assume such position without the requirement of payment of any
back-dues, assessments, charges or other penalties of any type.
EXEC~'£~D this day of ,
By:
ACCEPTED:
PORT ARTHUR POLICE ASSOCIATION
By:
Association President
ACCEPTED:
THE CITY OF PORT ARTHUR
By:
City Manager
48