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HomeMy WebLinkAboutPACKET DECEMBER 2 2003 0/ nt REGULAR METE N= � 1T COUNCIL COUNCIL CHAMBERS DECE gER 2, 2003 1-30 P.M. . AGENDA CALL TO ORDER Invocation ]Pledge boll Call Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 2/Consent .Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RM-II (Residential Multiple Family Dwelling-Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling) to LI (bight Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility on property located approximately between Irving and St. Anthony and between McGovern and Schwarner WORKSESSION * Review proposed increases for Charges for Services, Licenses and Permits and Cultural and Recreational Fees COMMENTS Councilmembers/City Manager comment on various matters ` Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Beaumont Police Officers Association GENERAL BUSINESS 2. Consider approving a resolution authorizing the City Manager to execute a labor agreement with the Beaumont Police Officers Association Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 December 2,2003 Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial)District and a specific use permit to allow a farm equipment and machinery manufacturing facility on property located approximately between Irving and St. Anthony and between McGovern and Schwarner City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: December 2, 2003 AGENDA MEMO DATE: November 25, 2003 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)and GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St. Anthony and between McGovern and Schwarner. RECOMMENDATION The Administration recommends approval of a zone change from RM-H and GC-MD to LI District and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St. Anthony and between McGovern and Schwarner. BACKGROUND Modern,Inc. is requesting a zone change to LI(Light Industrial)and a specific use permit for all of its properties in the Charlton-Pollard neighborhood. In January,2003,Modern,Inc.applied for a zone change to GC-MD for Lots 20-22,Block 1,Minter Addition. The property was to be used for employee parking. At that time, staff recommended denial because the existing and proposed use of those lots would be in support and part of an existing nonconforming industrial use. Staff also stated that the use would not be permitted in GC-MD. For it to be legal,the property needed to be zoned LI(Light Industrial)with a specific use permit or HI (Heavy Industrial). No action was taken due to lack of a quorum of the Planning Commission. Lloyd Koehnen, representing Modern, later met with the Planning Manager to discuss Modern's options. Modern then decided to apply for HI for all the property that it owns in Charlton-Pollard so that it would be a permitted use. This request was denied by City Council on March 25, 2003. In May, 2003,Modern, Inc.'s request for a zone change to LI and a specific use permit was denied. Modern,Inc.is again applying for LI and a specific use permit for a farm equipment and machinery manufacturing facility with permission of the Planning Commission. Modern, Inc. has been located on Irving and Tilson for approximately 42 years. The company manufactures tractor powered implements and other metal products. The plant on Irving extends west to Tilson and St.Anthony and from Schwarner to McGovern and contains just over 3 acres of land area. This area of Beaumont was originally zoned C-1 in 1955. The C-1 was converted to GC-MD with adoption of the 1981 zoning ordinance. The RM-H designation of some of Modern's property and also of most of the residentially zoned areas along either side of Irving Street was the result of rezoning studies and changes over the years. The commercial zoning along Irving remained in place. Modern, I nc. i s a m anufacturing c oncern and, as s uch, i s an i ndustrial u se. A s earch o f c ity directories seems to indicate the firm began an operation at 1901 Tilson around 1960 and expanded over the years. Again,Modern,Inc.at the Tilson and Irving Street location is a nonconforming use. Under Section 30-30, "Nonconforming Buildings, Structures and Uses of the Land", regulations explain and discuss various aspects of the nonconforming uses of land. There are several limitations on nonconforming uses and few exemptions. It is questionable whether or not the existing plant operations are a lawful nonconforming use since information leads staff to believe that Modern,Inc. began manufacturing at the site after the area was originally zoned C-1 in 1955. For the use to be conforming, the property where the plant is located should be industrially zoned. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 17,2003,the Planning Commission voted 9:0 to approve a zone change from RM-H and GC-MD to LI District and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St. Anthony and between McGovern and Schwarner. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager and Public Works Director _ FILE 1697-ZIP: A request for a zone change from RM-H(Residential Multiple Family NORTH Dwelling-Highest Density)District and GC-MD(General Commercial-Multiple A Family Dwelling)District to LI(Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility. SCALE -- _ Location: Approximately between Lying and St.Anthony and between McGovern 1"=200' C. and Schwarner Applicant: Modern Ltd. 0 stir � - _. • — � _.. ; i � � �-- :_ % W 0 i 2 `I ••e r-�- — ' SCHWARNER ST. 4 '• At• ( J Bd C DE r1 McGOVERN ST.— i •e R M ri , t • MARY ST. _ . •. . ' t s .ZJ _ t� , t • J. ,J N Cr .) ,- '� / WSJ . J t �' :.H i n• ,. NE1CY ST. to . r `fit 7-- } �. v, µ• { • J I t . wT ' e s n set JW A �' I *A to rij 1LEGEND: r CHAIN LINK FENCE ------------ 81 WOOD FENCE RAW MATERIAL .. �. OFF STREET LOADING T7ZSON ST. TO 140(SON S7 exrr Em ^Exrr FxiT NEIL'P419r Aff,-4 n n FINISHED GOODS n n r OPEN � = OFFICE SHOP AREA a V RELOCATED { DU MMERS PROCESS FOR STEEL d OPEN TRASH W.I.P. FINISHED GOODS OPEN OPEN OPEN_STORAGE IMIK Jr/ MODERN PROPOSED OPERATION A,o�i/ 7, 200.E ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AND GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED APPROXIMATELY BETWEEN IRVING AND ST. ANTHONY AND BETWEEN MCGOVERN AND SCHWARNER, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest Density) District and GC-MD (General Commercial-Multiple Family Dwelling) District to LI (Light Industrial) Districtfor property located approximately between Irving and St.Anthony and between McGovern and Schwarner, being Lots 17-22, Block 1, Minter Addition, Lots 3-14, adj. alley, Tracts A-D of abandoned Tilson St. and Tracts A and B, Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 3.39 acres, more or less., as described on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of December, 2003. - Mayor Evelyn M. Lord - ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FARM EQUIPMENT AND MACHINERY MANUFACTURING FACILITY IN A LI (LIGHT INDUSTRIAL) DISTRICT AT PROPERTY LOCATED APPROXIMATELY BETWEEN IRVING AND ST. ANTHONY AND BETWEEN MCGOVERN AND SCHWARNER, CONTAINING 3.39 ACRES, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Modern, Inc.to allow a farm equipment and machinery manufacturing facility in a LI (Light Industrial) District at property located approximately between Irving and St. Anthony and between McGovern and Schwarner, being Lots 17-22 , Block 1, Minter Addition, Lots 3-14, adj. Alley, Tracts A-D of abandoned Tilson St. and Tracts A and B, Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 3.39 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a farm equipment and machinery manufacturing facility in a LI (Light Industrial)District at property located approximately between Irving and St. Anthony and between McGovern and Schwarner, being Lots 17-22 , Block 1, Minter Addition, Lots 3-14, adj. Alley, Tracts A-D of abandoned Tilson St. and Tracts A and B, Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 3.39 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Modern, Inc., its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of December, 2003. - Mayor Evelyn M. Lord - i 2 • December 2,2003 Consider approving a resolution authorizing the City Manager to execute a labor agreement with the Beaumont Police Officers Association City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: December 2, 2003 AGENDA MEMO DATE: November 25, 2003 REQUESTED ACTION: Resolution authorizing the City Manager to execute a labor agreement with the Beaumont Police Officers Association RECOMMENDATION The Administration recommends that the Council adopt a resolution authorizing the City Manager to execute an agreement with the Beaumont Police Officers Association. BACKGROUND The City and the Beaumont Police Officers Association have been negotiating a labor agreement to replace the one which expired October 1, 2003, since July, 2003. The primary issue for the City,other than wages,was a provision dealing with health insurance that provided sufficient flexibility to the City to deal with rising health insurance costs and increasing the police officers' contribution to the plan in an attempt to bring them into parity with civilian employees over the term of the contract. Although most other issues had been agreed to,the parties were unable to reach an acceptable solution on the health insurance language. The Beaumont Police Officers Association has proposed a one (1) year extension of the current agreement which provided for a two percent (2%) across- the-board wage increase. This was a reduction of one percent (1%) from the previously agreed to wage increases included in longer termed contracts. Under the proposal, officers' contributions to health insurance will increase $12.00 on January 1, 2004. Both sides, in our view, have worked very hard and in good faith toward a resolution of the pending health issue, but have been unable to reach agreement. The proposal of the one (1) year extension will require that the parties meet again in late spring in an attempt to negotiate an agreement to commence October 1, 2004. A lined copy of the proposal is attached for your review. We propose to discuss the contract with Council in executive session prior to a potential action item. GARMMagenda memosUabor agrmt BUDGETARY IMPACT The two percent (2%) wage increase was the amount budgeted in the current budget. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and City Attorney RECOMMENDED MOTION To approve a resolution authorizing the City Manager to execute a one (1) year labor agreement commencing October 1, 2003, and expiring September 30, 2004, with the Beaumont Police Officers Association. GARMMagenda memosUabor agrmt BEAUMONT POLICE OFFICERS ASSOCIATION LABOR AGREEMENT OCTOBER 1 , 2003 - SEPTEMBER 30, 2004 TABLE OF CONTENTS Article Provision Page PREAMBLE 3 INTENT AND PURPOSE 3 DEFINITIONS 3 1 RECOGNITION 4 2 DISCRIMINATION 4 3 MANAGEMENT RIGHTS 4 4 MAINTENANCE OF STANDARDS 5 5 NO STRIKE- NO LOCK-OUT 5 6 UNION REPRESENTATIVES 5 7 UNION BUSINESS LEAVE 6 8 PAYROLL DEDUCTION OF DUES 6 9 GRIEVANCE PROCEDURE 7 10 PROBATION AND SENIORITY 10 11 PROMOTIONS 11 12 WORKING OUT OF CLASSIFICATION 14 13 HOURS OF DUTY AND WORK SCHEDULES 14 14 SHIFT EXCHANGE 15 15 CLOTHING 15 16 LEAVE 16 17 HOLIDAYS 19 18 WAGES 20 19 SHIFT DIFFERENTIAL 22 20 OVERTIME, CALL-BACK AND STAND-BY PAY 22 21 LONGEVITY PAY 23 22 INSURANCE 23 23 GENERAL PROVISIONS 26 24 CIVIL SERVICE 27 25 SELECTION 27 26 COPIES OF AGREEMENT 27 27 SAVINGS CLAUSE 27 28 STABILITY OF AGREEMENT 27 29 POLICE OFFICER'S BILL OF RIGHTS 28 30 IMPASSE PROCEDURE 29 31 RETIREMENT 31 32 DURATION OF AGREEMENT 31 APPENDIX"A!'—SCHEDULE OF WAGES 32 APPENDIX"B"—PROMOTIONAL EXAMPLE 35 2 THE STATE OF TEXAS § • COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont, a municipal corporation domiciled in the State of Texas, herein referred to as the "Employer," and the Beaumont Police Officers Association (BPOA), hereinafter referred to as the"Union." INTENT AND PURPOSE It is the general purpose of this agreement to promote the mutual interests of the Employer and its employees; to provide for equitable and peaceful adjustment of differences which may arise; to establish proper standards of wages, hours and other conditions of employment which will provide and maintain a sound economic basis for the delivery of public services; and to provide for the operation of the services delivered by the Employer under methods which will further, to the fullest extent possible, economy and efficiency of operation, elimination of waste, realization of maximum quantity and quality of output, cleanliness, protection of property and avoidance of interruptions of service. The parties to this agreement will cooperate fully to secure the advancement and achievement of these purposes. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply: A. "Chief' means the Chief of Police of the Beaumont Police Department. B. "City" means the City of Beaumont. C. "CLEAT" means the Combined Law Enforcement Associations of Texas. D. "Department" means the Beaumont Police Department. E. "Director" means Director of the Beaumont Fire and Police Civil Service Commission. F. "Employee" means a sworn police officer who is a member of the bargaining unit. G. "Employer" means the City of Beaumont. H. "Officer" means any sworn officer who is a member of the bargaining unit. I. "Union" means the Beaumont Police Officers Association. Pronoun Use Unless otherwise stated, it is understood and mutually agreed that masculine and feminine pronouns refer to, and include, both genders equally. ARTICLE 1 RECOGNITION Section 1. The Beaumont Police Officers Association, hereinafter referred to as the "Union," having qualified for exclusive recognition and having been designated by a majority of the employees in the unit as their representative, is hereby recognized by the Employer as the sole and exclusive bargaining agent for the employees in the bargaining unit in matters concerning wages, rates of pay, hours of employment, or conditions of work affecting police officers in the unit. Section 2. It is agreed that the bargaining unit, covered by the terms of this agreement, shall consist of 3 all full time police officers, sergeants, lieutenants, and captains employed in uniformed and plain clothed forces of the Department. Recognizing that legislative proposals relating to public employee labor relations may be under consideration at both State and Federal levels, the Employer and the Union agree that membership in the bargaining unit may be adjusted as new legislation may become applicable. Section 3. The Union recognizes the City Manager or his designated representative or representatives as the sole representative or representatives of the Employer for the purpose of collective bargaining. Section 4. The rights of the Union, as sole and exclusive bargaining agent, include sole and exclusive payroll deduction of dues from employees paychecks for Union membership; sole and exclusive access and use of the Union bulletin boards; and sole and exclusive representation rights under the grievance procedure herein. ARTICLE 2 DISCRIMINATION The Employer agrees not to interfere with the rights of police officers to become members of-the Union and to maintain such membership. The Employer shall not discriminate against any employee because of his lawful Union activity. The Union agrees that it will not interfere with, coerce or intimidate any employee into joining the Union. The Union recognizes that no employee is required to join the Union, but that each employee has the right to choose of his own free will as to whether or not he will or will not join the Union. The Union further agrees that there will be no interference with the free right of any employee of the Employer to enter and leave its premises and property unmolested and without harassment. It is the mutual obligation of the Employer and the Union to assure that no employee shall be subject to any discrimination because of race, religion, color, sex, or national origin. ARTICLE 3 MANAGEMENT RIGHTS Except as otherwise specifically provided herein, the direction of the work force and the management of the Department, including,.but not limited to, the right to hire, the right to discipline or discharge for just cause, the right to decide job qualifications for hiring, the right to lay off for lack of work or funds, the right to abolish positions, the right to make rules and regulations governing conduct and safety, the right to determine the methods, processes and manner of performing work of employees, the determination of policy affecting the selection of new employees, the right to establish work performance measurements and standards and to implement programs to increase the cost effectiveness of departmental operations if research dictates the need for such programs, are vested exclusively in the Employer. Except in situations of emergency, it is agreed and understood that whenever the Employer intends to exercise its contractual managerial prerogatives in a manner which will have impact upon employees covered under this agreement, the Employer shall notify the Union at least thirty (30) days in advance of its intent to change, modify, rescind or institute any new policy or order which affects the employees and take into consideration any written responses made by the Union prior to implementation of any such change and afford the Union an opportunity to confer with the Employer. ARTICLE 4 MAINTENANCE OF STANDARDS Nothing contained in this Agreement shall be construed as repealing any lawful, recognized benefit provided through the Department for employees of the Department, and no employee shall inadvertently suffer any loss of wages, or hours by reason of the signing of this Agreement. ARTICLE 5 NO STRIKE-NO LOCK-OUT 4 Section 1. The Union agrees that, during the term of This Agreement, it will not authorize, ratify, encourage, or otherwise support any strikes, slow-downs, picketing, or any other form of work stoppage or interference with the business of the Employer, and will cooperate with the Employer in preventing and/or halting any such action. Employer agrees that it will not authorize, ratify, encourage, or otherwise support any lockout during the term of this Agreement. Section 2. The Employer may discipline and/or discharge any employee who instigates, participates, or gives leadership to any act or conduct prohibited by Section 1 of this Article. The Employer may also invoke any remedies authorized by Section 174.205, Local Government Code, in the event of any strike, work stoppage, or slow-down. ARTICLE 6 UNION REPRESENTATIVES Section 1. A written list of Union executive officers shall be furnished to the Employer immediately after their designation and the Union shall notify the Employer of any changes. The Union shall designate not more than eight(8) executive officers. The Union officers and the Union President or his designee shall be granted reasonable time off during working hours without loss of pay to investigate and settle grievances, consider and prepare responses to management initiated proposals, participate in arbitration or court actions involving the Union, and represent unit employees in formal disciplinary action proceedings, provided that the officer(s) advise their commanding officer. Permission may be withheld due to emergency operating requirements by the commanding officer, but will not be unreasonably withheld. Section 2. Union officers, board members, and stewards will be given reasonable time off to attend a reasonable number of board meetings held on Employer's premises or within the corporate limits of the Citv. Section 3. Grievance Committee members will be given reasonable time off to attend Grievance Committee meetings. Section 4. Management agrees to allow the Union to have space in the police station for board meetings, grievance committee meetings, other committee meetings and general meetings subiect to space availability. Section 5. To enable the Union to expedite the preparation of contract proposals, the Employer agrees to allow the Union President reasonable time off for such purpose and to allow reasonable time off to other members to assist subject to the approval of the Chief. ARTICLE 7 UNION BUSINESS LEAVE Section 1. All employees covered by the terms of this Agreement who are members of the collective bargaining team, not to exceed four 4 [fiwe (2)], shall be allowed time off to negotiate if they are scheduled to work at that time. Section 2. Three 3 [TwG-(24] Union officials shall be allowed to attend the monthly BPOA meeting without loss of pay or benefits if said meeting occurs during the official's regular tour of duty. Section 3. Up to three (3) Union officials, shall be granted time off without loss of pay or benefits to attend the semi-annual CLEAT board meeting, for a total aggregate of not to exceed fifteen (15)working days per year. Section 4. Union officials may be granted time off without loss of pay or benefits to attend a reasonable amount of labor orientated training sessions or seminars subject to approval of the Chief. Approval by the 5 Chief shall not be unreasonably withheld. The association yvill be responsible for the payment of travel expenses and training fees. ARTICLE 8 PAYROLL DEDUCTION OF DUES Section 1. The Employer agrees to deduct, once each month, dues and assessments in an amount certified to be current by the Secretary-Treasurer of the local union from the pay of those employees who individually request, in writing, that such deductions be made. The total amount of deduction shall be remitted, each month, together with the names of the employees from whom dues have been collected, by the Employer to the Secretary-Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement. Section 2. In the interest of harmonious and stable relations between parties, at the time of employment, the Union will inform each new employee that the employee may voluntarily execute an authorization of voluntary salary allotments for the payments of dues, should the employee desire to join the Union. Section 3. The Union shall forward to the Employer a copy of all authorizations or cancellations of voluntary deduction of union dues by employees in the unit. Section 4. Employer agrees no charge will be assessed for deduction of dues from employee pay. Section 5. The Employer agrees to continue said deductions during the term of this Agreement and will do so until a new agreement is put into effect, even if this Agreement expires. Section 6. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee resulting from the operation of this Article. Section 7. Unless there are exigent circumstances, payroll checks will be made available on Thursday prior to payday at 4:00 p.m. in the Finance Office to be picked up by the Police Department representative. ARTICLE 9 GRIEVANCE PROCEDURE Section 1. The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. A grievance is defined as any dispute involving the interpretation, application or enforcement of a specific clause of this Agreement, or the demotion, suspension or termination for disciplinary purposes of any employee. Grievances may be filed by the Union, the Employer, or any employee. Management agrees to allow the Union grievance committee access to a suitable location for grievance committee meetings. Section 2. Disciplinary Grievances. In the original written statement and charges and in any hearing conducted under this Agreement, the Chief may not complain of an act that occurred earlier than the 180 th day preceding the date the Chief suspends the officer unless the act is discovered after the 160th day following its occurrence, in which case, the Chief has an additional thirty (30) calendar days to suspend the officer. The Chief shall certify the date of his discovery of the act in question to the Union in writing. A. Any employee who is aggrieved because of demotion or suspension shall file a written report giving the nature and details of the incident that led to the grievance with the Union's grievance committee. The report must be submitted within fifteen (15) calendar days of the date upon which the employee knew or should have known of the occurrence that gave rise to the grievance. 6 B. Any employee who is aggrieved because of termination shall file a written report giving the nature and details of the incident which led to the grievance with the Chief within fifteen (15) calendar days of the date upon which the employee knew or should have known of the occurrence that gave rise to the grievance. If not resolved, the grievance shall be forwarded to the City Manager. C. A grievance not brought to the attention of the Union grievance committee within the time limit described shall not be considered timely and shall be void. D. The time limitations described herein may be waived by mutual agreement in writing by the aggrieved employee and the appropriate management official. E. Any aggrieved employee shall submit the grievance within the time limitations specified above to the Union's grievance committee. Within fifteen (15) days of receipt of the grievance, the committee shall determine if a valid grievance exists. If, in the opinion of the committee, no grievance exists or the Union will not represent the employee, the committee shall notify the employee. F. If the Union agrees to represent the employee, the committee shall, within seven (7) calendar days, with or without the physical presence of the aggrieved employee, present written notice of the grievance to the Chief for adjustment. G. The Chief shall render a written decision regarding grievances of demotion, suspension or termination within seven (7) calendar days of the date said grievance was filed with the Chief. If the grievance remains unresolved, said grievance, if submitted, must be filed with the office of the City Manager. Said grievance must be filed within seven (7) days of the date the Chief rendered or should have rendered a written decision. H. The City Manager shall render a written decision regarding grievances of demotion, suspension or termination within seven (7) calendar days of the date the employee filed said grievance with the City Manager. I. If the grievance remains unresolved, the committee or its representative may request that the grievance be submitted to arbitration. If the Union requests that the grievance be submitted to arbitration, said request must be submitted in writing to the office of the City Manager within seven (7) calendar days from the date the City Manager rendered or should have rendered a written decision. Section 3. Contract Grievances. A. Grievances submitted by the Union concerning a dispute involving the interpretation, application, or enforcement of a specific clause of this Agreement shall be submitted to the Chief in writing within fifteen (15) calendar days from the date that the Union knew or should have known of the occurrence or occurrences that gave rise to the grievance. B. The Chief shall render a written decision within seven (7) calendar days of the date the Union filed said grievance with the Chief. C. If the grievance remains unresolved, the committee or its representative may submit said grievance to the office of the City Manager. Said grievance, if submitted, must be filed within seven (7)calendar days of the date the Chief rendered or should have rendered a written decision. D. The City Manager shall render a written decision within seven (7)calendar days of the date the Union filed said grievance with the City Manager. E. If the grievance remains unresolved, the committee or its representative may request that the grievance be submitted to arbitration. If the Union requests that the grievance be submitted to arbitration, said request must be submitted in writing to the office of the City Manager within seven (7) 7 i calendar days from the date the City Manager rendered or should have rendered a written decision. F. A grievance and/or a written request for arbitration not filed within the time limitations specified herein shall not be considered timely and shall be void. G. The time limitations described herein may be waived by mutual agreement in writing by the Union and the appropriate management official. Section 4. Arbitration. A. Either party may request the Federal Mediation and Conciliation Service (FMCS) or American Arbitration Association (AAA) to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by FMCS or AAA. In that event, the FMCS or AAA will be requested to submit another list. The parties shall select an arbitrator from the list. The parties, by mutual agreement, may select to use AAA expedited rules. B. The powers of the arbitrator shall be limited as follows: 1. He shall have no power to add to, subtract from, or modify any of the terms of this Agreement. 2. The arbitrator shall deal only with the grievance or grievances that occasioned the arbitrator's appointment. C. The decision of the arbitrator, if within the scope of the arbitrators authority, shall be final and binding upon the parties. D. The Union and the Employer shall equally share the costs and expenses for the arbitrator's services. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of such transcript. E. With respect to appeals of suspensions, indefinite suspensions, promotional passovers and demotions, the Employer and Union hereby agree that the administrative procedures for arbitration hearings and the respective rights of employees in such proceedings shall be governed by the Texas Local Government Code, Section 143.057. F. The powers and duties of the designated arbitrator or hearing examiner in such proceedings are as prescribed by the Texas Local Government Code, Section 143.057(f), which shall include, but are not limited to, the right to subpoena witnesses. G. The Union agrees that, with the adoption of this grievance procedure herein, the employee hereby relinquishes the right to appeal to the Civil Service Commission and/or appeal the designated arbitrator's final decision to the District Court except as provided by the Texas Local Government Code, Section 143.0570). ARTICLE 10 PROBATION AND SENIORITY Section 1. Probation. A. Employees shall be considered to be probationary for a period of twelve (12) consecutive months from the date of commission as a Beaumont police officer. The Chief may extend the probationary period one time for an additional ninety (90) calendar days upon notification in writing to the Union and the employee of the reasons. A probationary period may be extended in excess of ninety (90) calendar days due to extenuating medical circumstances not 8 to exceed one(1)year. B. The Union may accept probationary employees as members at-large, but they are not to be considered as protected by this agreement. The Union may provide advice, or representation,to the probationary employees only as allowed by law. C. During the probationary period,an employee may be disciplined for any reason,without recourse to the grievance procedure. D. Article 10,Seniority,Section 2,shall not apply to a probationary employee. E. Article 14,Shift Exchange,shall not apply to a probationary employee. A. Duty hours and work schedules of probationary employees may be altered at any time deemed appropriate by the Chief of Police or his designee. Section 2. Seniority. A. Seniority in grade or rank shall be the determining factor in vacation leave, splitting of vacation, days off, and annual personnel shift assignments. The Employer may make job assignments based on job skills and qualifications. In the event applicants have comparable skills, seniority in grade or rank shall be the determining factor. The Chief shall determine which officers will attend the training schools. Seniority from the date of commission as a Beaumont police officer shall be the determining factor in all layoffs or recalls. B. The Union President (if desired) shall be assigned to the day shift to permit said officer to attend to Union business. Should no position be vacant at the time of the reassignment, then the most junior officer in the same grade shall swap assignments during the duration the officer holds the position of President. It is expected that every effort will be made to comply with this provision without transferring other officers. C. For the purpose of this Agreement, seniority shall be considered to be continuous service from the last date of appointment as a commissioned police officer with the Department. Continuous service shall include periods of leave without pay, which have been approved by the Chief and City Manager. D. Layoff and recall shall be pursuant to Section 143.085, Local Government Code. ARTICLE 11 PROMOTIONS Section 1. All written promotional examinations shall be made in accordance with Municipal Civil Service, Chapter 143, Local Government Code. Written promotional examinations shall be given between the ninetieth (90th) and one hundred and twentieth (120th) day of the effective date of the vacancy. The Employer may use the assessment center process as set forth in Section 8 [9} but only if the Employer stipulates its intention to do so when posting the examination notice as provided for in Chapter 143. Promotions from the resulting eligibility list shall be made as soon as possible after the eligibility list has been certified. Section 2. Promotional Examinations. Promotional examinations for Grade II (Sergeants) shall be open to all employees who have held a continuous position with the Department for five (5) years or more (immediately prior to the effective date of the vacancy). Promotional examinations for Grade III (Lieutenants) and Grade IV 9 (Captains) shall be open to all employees who have held a continuous position for three (3)years or more (immediately prior to the effective date of the vacancy) in the classification immediately below the classification for which the examination is given. All seniority points given for promotions shall be based on continuous service with the Department up to a maximum of ten (10) years of service. The effective date of vacancy shall be the last day of employment by the individual who is leaving the position that will be made vacant. Section 3. Test material for all promotional examinations may include all or any combination of the following: a. Texas Penal Code; b. Texas Code of Criminal Procedures; C. Texas Traffic Laws; d. Texas Family Code; e. Texas Drug Laws; f. Beaumont City ordinances; and g. Rules, regulations and written directives of the Department. Section 4. Test material for Grade II (sergeant), Grade III (lieutenant), and Grade IV (captain) promotional examinations may also include up to four(4) outside sources of reading material chosen by the Director.The sources must pertain to the respective duties of the position being sought. Section 5. If more than two (2) outside sources of reading material are selected, reduction of the sources shall be accomplished by limiting the number of chapters from which test questions may be derived to approximately fifty percent(50%)of the total volume of sources. Section 6. An eligibility list established as a result of the examination shall expire one (1) year from the date when the results were certified by the Civil Service Commission. Section 7. The Chief may appoint from the staff of the Department, at the Chiefs sole discretion, two (2) positions below the rank of Chief. Those appointed shall serve at the pleasure of the Chief and may be demoted to their previously held civil service rank without cause. In no event shall any demoted appointee cause another employee to be demoted because of their returning to a civil service position. The Employer shall authorize additional staffing positions in order to avoid such "bumping'; however, the Employer may reduce the extra staffing positions later by attrition in order to return to the previous authorized number of positions. Section 8. If the Employer elects to adopt an assessment center process for promotional examinations for Grade II, III or IV, the following shall apply: a. The written civil service examination shall account for forty percent(40%) of the final promotional score. To remain eligible as a promotional candidate, an employee must pass the written civil service examination with at least seventy points (70) on the 100-point examination. If fewer than three (3) employees pass the written examination, the Employer must promote pursuant to Chapter 143. b. Each eligible candidate shall be initially ranked according to forty percent (40%) of his points on the written civil service examination. For example, if an employee scored eighty-three points (83) on the written examination, the employee would be ranked by 40% of that number, which is 33.2. The top ten (10) candidates passing the written test shall be eligible to participate in the assessment center process. If the scores for determining the tenth (10th)eligible employee are tied, then all employees having an identical score to the tenth (10th) position shall be eligible to proceed to the assessment center. 10 c. Forty percent (40%) of an eligible candidate's final promotional score shall be determined by an assessment center selection process consisting of the following: 1. A written exercise that tests the employee's written communication skills. Such exercise shall be the same for all employees. The exercise will be given in the presence of all eligible employees and will be completed within a time limit. Based upon the chief's recommendations, the subject matter of the exercise and the time limit will be determined by the Director. The written exercise will be conducted by the Director or a designee of the Director. 2. A verbal exercise shall be administered by the assessors. This shall consist of the employees' verbal presentation of the written essay exercise in subsection 1 above, a situational management exercise, and a role play exercise followed by questions from the assessors that test the employees' skills and knowledge related to the exercise. Questions and exercises may not differ from employee to employee; however, this does not preclude clarifications and follow-up questions by assessors. 3. The assessors shall consist of at least three (3) sworn police officers from a department located at least fifty (50) miles away from Beaumont with at least one hundred fifty (150) sworn officers. At least one (1) assessor shall be the same rank as the position being sought. All other assessors shall be of the same rank or higher than the rank being sought. The Union shall choose one (1) assessor, the Chief shall choose one (1) assessor, and the Director shall choose one (1) assessor from a list of no more than five (5) potential assessors agreed upon by the Chief and the Union. If more than three (3) assessors are required, they may be selected equally as outlined above. 4. The assessors shall not be personally acquainted with the employees being tested. Each exercise shall be rated on a 100-point scale. Assessors may not discuss their opinion or assessment of any employee in the presence of any other assessor until after each employee's scores have been submitted to the Director. Once the assessor has completed his scoring, the assessor shall give the scores to the Director. The Director shall average the scores submitted by the individual assessors, which will determine the final assessment grade. Each candidate must attain at least seventy(70) percent to pass the assessment center. Each assessor shall have a duty to report any improper contacts or attempts to influence the outcome of the assessment center process to the Director. The Director is responsible for the security and fairness of the assessment center process. The assessors may select a chairperson to oversee the process. [5. EaGh employee eligible for the assessment GenteF shall pFepaFe a one (1) page wFitten resume, exGluding his name. This resurne will be pFevided to the assessors prieF to the beginning of the assessment PFOGe 5. The Chief or his designee and the Union president or his designee (who may not be a candidate in the examination process) may sit in attendance in any or all of the exercises conducted by the assessors. The observers'presence is merely to oversee the process and to gain further insight into needed training of supervisors. The observers are not to attempt, in any fashion, to influence decisions of the assessors. 6. Seniority points—one (1) point for every year of consecutive service with the Employer, up to and including a maximum of ten (10) years shall be added to the employee's combined score from the written test and assessment center. 7. Education points, up to a maximum of ten (10) points, shall be added to the combined score from the written test and assessment center based on the following scale: 11 3 points TCLEOSE Intermediate Certificate 6 points TCLEOSE Advanced Certificate 10 points TCLEOSE Master Peace Officer Certificate or 3 points Associate's Degree 6 points Bachelor's Degree 10 points Master's Degree The employee may receive points for only one (1)certificate or one (1)degree. 8. The total promotional system score that is used to establish the final eligibility list shall be the sum of the following: forty percent (40%) of the written examination points, forty percent (40%) of the total assessment center average, seniority points, and education points. Except for the use of an assessment center selection process and scoring system described in this Article, Chapter 143 shall apply. 9. All costs of the assessment center process shall be paid by the Employer, including, but not limited to, the travel costs of the assessors. 10. The Director may arrange for, or obtain, independent professional assistance to aid the Director in conducting the assessment center. 11. At least ninety (90) calendar days prior to using an assessment center, the Employer shall conduct a workshop or seminar on assessment centers. All employees are welcome to attend. The Union shall be notified in advance and offered the opportunity to participate in the workshop or seminar. The Employer shall not be required to conduct more than one(1)workshop or seminar on assessment per calendar year. ARTICLE 12 WORKING OUT OF CLASSIFICATION Any employee who is ordered to temporarily fill a position in a higher classification shall be paid the base salary of such higher position; provided, the employee works a minimum of eight(8) consecutive hours in the higher classification. ARTICLE 13 HOURS OF DUTY AND WORK SCHEDULES Section 1. Other than as set forth in this Article, work schedules and hours of work for employees during the term of this Agreement shall be those in effect on the date that this agreement is signed by the parties hereto. The four (4) shifts (11:00 p.m. to 7:30 a.m., 7:00 a.m. to 3:30 p.m., 3:00 p.m. to 11:30 p.m., 6:00 p.m. to 2:30 a.m. (thirty (30) minutes of which is a meal break) for employees assigned to uniform patrol activities and shifts for employees assigned to the Criminal Investigation Division (8:00 a.m. to 5:00 p.m. (one (1) hour of which is a meal break) shall continue during the term of this Agreement unless changed pursuant to this Article. The Chief may alter the duty hours and work schedule if the Chief notifies the Union in writing at least forty-five (45) days prior to the proposed change. Duty hours and work schedules may also be altered without the notice requirement by mutual agreement between the Employer and the Union. In the event of an emergency, duty hours and work schedules may be altered at the sole discretion of the Chief. Section 2. The Chief may set a temporary work schedule or change duty hours for sergeants assigned to the uniform patrol division, not to exceed two (2) hours prior to their regularly assigned shift, 12 for such reasons related to shift and report preparation. , Section 3. Employees assigned to the below listed specialized units may have flexible schedules and duty hours to accommodate the needs of the community or to accomplish specific tasks related to their assignment. However, employees will not be required to work split shifts. The Employer shall advise employees of this flexibility upon application to said units and employee agreement shall be a condition of acceptance into said units. Employees currently assigned to such units shall be given the opportunity to acknowledge acceptance. The designated specialized units include: Housing Unit,Auto Theft Task Force, Special Tactics and Response (STAR) Unit, Narcotics Task Force, K-9 Unit, Street Crimes Unit, Police Activities League (PAL), Traffic Unit, Court Bailiff and Narcotics and Vice Unit. If an employee is called out, the city agrees not to reduce his hours for the purposes of avoiding the payment of overtime. Section 4. Employees shall be paid overtime based upon a forty (40) hour workweek in a seven (7) day cycle. This includes officers assigned to work in specialized units. ARTICLE 14 SHIFT EXCHANGE Section J. No employee will be forced to change shifts on a rotation basis. Section 2. Employees shall have the right to exchange shifts temporarily no more than six(6) times per calendar year when the exchange does not interfere with the operation of the Department, and with permission of their respective commanding officers. Section 3. This article is not intended to curtail the right of staff officers to change the shifts of individual employees insofar as it involves matters of individual work performance. Section 41 Recognizing that zone assignments may require the assessment of a number of factors that may vary depending upon the particular zone involved, the Employer maintains the right to make all assignments in accordance with its determination of what is in the best interest of the Department. In making such assignments, consideration shall be given to preferences of employees based upon seniority. Should an employee feel that a misapplication of this provision has occurred, the employee may file an informational complaint with the Union Grievance Committee for review. Should the committee concur with the employee, the union shall forward the complaint to the Chief and the City Manager for their review and information. Section 5. Except in the case of an emergency, or unless operational circumstances require otherwise, job vacancies will be brought to the attention of employees so that those interested in a vacant position may express their interest to the Division Commander who is responsible for selection. Notice of vacant positions will be in the form of a staff memorandum or email to all staff officers. Each staff officer will make a reasonable effort to assure that all eligible employees under his command are aware of the vacancy. Employees who are interested in a vacant position should contact the appropriate Division Commander in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills, knowledge, abilities, training, previous experience and seniority shall be considered by the Employer. Although not subject to the grievance procedure, should an employee feel that a misapplication of this provision has occurred, he may file an informational complaint with the Union Grievance Committee for review. Should the committee concur with the employee, the union shall forward the complaint to the Chief and the City Manager for their review and information. ARTICLE 15 CLOTHING Section 1. All uniforms, five (5) uniform shirts and five (5) uniform pants, protective clothing or protective 13 devices, hats, jackets, raincoats, and all leather gear except holsters and footwear now provided employees shall be furnished without cost to the employees by the Employer. Section 2. If the Employer orders employees to purchase leather gear different from what they are wearing as of the execution of this Agreement, the Employer shall reimburse the employee or supply the leather gear. Section 3. The Employer shall repair or replace all uniforms and reasonable personal equipment lost or damaged in the line of duty by employees. Section 4. Each plainclothes employee shall receive a clothing allowance of$67 per month. Section 5. Each employee shall receive a clothing maintenance allowance of$25.00{$28:09] per month. [ .] Section 61 Each newly appointed employee may submit a reimbursement request in the amount of$600 for the purchase of a new protective/ballistic vest. An employee may submit a reimbursement request in the amount of$600 for the purchase of a new protective/ballistic vest if his vest is over five (5) years old. The reimbursement request will be on a form(s) approved by the Chief. After the execution of this Agreement, officers who request reimbursement under this section for the purchase of a new protective/ballistic vest shall be required to wear the vest when on duty and in uniform, unless exempted by the chief. Additionally, in special circumstances that may involve officer safety, the Chief reserves the right to require any reimbursed officers, whether plain-clothed on duty or off duty in uniform, to wear their vest while performing police-related duties. ARTICLE 16 LEAVE Section 1. Vacation. A. Full-time regular employees shall accumulate vacation in accordance with the following schedule: Completed Years Accumulated Hours Per of Consecutive Service Pay Period After 1 year 3008 After 5 years 4.62 After 8 years 5 After 11 years 5.5 After 14 years 6 After 17 years 6.5 After 20 years 7 After 23 years 7.5 After 26 years 8 After 29 years 8.5 After 32 years 9 After 35 years 9.23 B. Employees with nine(9)years or more consecutive service who do not use more than forty (40) hours of sick leave in a calendar year will have eight (8) hours of vacation time added to their normally accrued vacation time. C. In computing the length of time during which an employee may be absent from work for vacation, only those calendar days during which the employee would be required to work if the 14 employee were not on vacation shall be counted as vacatiop days. D. Any employee with more than one (1)year's service as a commissioned police officer with the Department who is separated from service by reason of resignation, death, retirement, or discharge shall be compensated in cash for all accumulated unused vacation hours [#Fne] at the regular rate of pay at the time of separation. E. Vacation leave begins to accrue upon employment, but may not be used by an employee until that employee has completed one (1)year of service with the Employer. Thereafter, upon proper approval, those accrued hours may be used. F. An employee shall be able to carry over a maximum of one hundred and sixty (160) hours of vacation hours[#me]into the next calendar year. G. Any employee who has not used more than forty (40) hours of accrued sick leave in the calendar year will be eligible to sell back unused vacation accrued in the previous year. After the employee has used at least 80-hours of such vacation leave the employee may sell back up to s�Ch gacatiQr deayse„�tge�aapl wt 16baek 80-hours of the remaining vacation accrued in the previous year for cash at their current rate of pay. Written notification of the employees' desire to sell vacation must be submitted to payroll on or before January 15 of the following year and payment will be made in the first full pay period after February 15 Payments made under this provision do not become part of the base wage nor will such payments be used to calculate any other benefit unless required by law. Section 2. Sick Leave, A. Employees shall accrue ten (10) hours of sick leave for each month of service during the fiscal year. B. Any employee incurring a non-duty sickness or disability shall be eligible to use their accrued sick leave with full pay. C. Each employee shall accumulate sick leave from their first day of employment and shall continue to do so as long as they are employed. D. The Employer shall provide injury leaves of absence with full pay for periods of time commensurate with the nature of injuries received while in line of duty for at least one (1) year. At the expiration of said one (1) year period, the City Council or governing body may extend such injury leave at full pay, reduced pay, or leave without pay. The Employer shall retain its subrogation rights under existing state law. E. In the event that an employee with two (2) or more years of service for any reason leaves the classified service, they shall receive, in a lump sum payment, the full amount of their salary for the period of accumulated sick leave, provided that such payment shall not be based upon more than seven hundred twenty (720) hours of accumulated sick leave. F. An employee who retires may elect to have the compensation associated with accrued vacation and sick leave applied towards payment of the employee's share of costs associated with the employee's retirement health insurance. if an employee Fetires with tNenty(20) or Fnere years Of 69FVOGe with the Employer er has a mediGa' 'efirement between QGtobeF 1, 2000 and April 1, 2001, he shall have the GPtiGR Of In the benefit pFevided URdeF SeGtien 2 (E), his eption of the following benefits. Optie The employe a lump sum payment, the full arReuRt of their salary for aGGUFnulated SiGk leave between seLen hundred tweRty (7-20) hours and fourteen hundr 15 feFty (1440) heuFs f9F )f thFee hundred sixty.(360) hours on the basis of eight (9) hG6iF-S iur-s but less thaR eightee- (4800) hours ;at a rate of tweRtyfauF (24) heur-6 9 total of one hundred twenty (129) he-i-irs. The tatal aGGumulated maximum _heenefit th;-;t Ran employee leave pmvided- under SubseGtigl; F., ir,folir h1indred eighty (480) houFs ef aG urnulated shr, leave. Aptie+-2-. , the empleyee may e!eGt tO have the Gompensation that would be serOured- in a lump sum undeF Option applied towards payment of the employee's sharten of P-e-sts asseGiated with the employee's retirem (720) hGur-s of aGGUmulated S!Gk leave in aGGGrdaRGe With subseGtien 2(E), pFevided that a tw hundFed (1200) h9uF maxim,-m is; Pet exneedpd abelisher) filled or Fe_Gla;GS P-d OR or-before/lntoher 4 of the nurrent year during the period of QGtoher 4, 2004 or 2002 and April 4 of the following„ear G. After an employee has accrued the maximum of 720-hours of sick leave that city would pay out upon termination of employment or retirement, the employee may participate in the sick leave buy-back program. If an employee does not use more than 40-hours of accrued sick leave in a calendar year, the employee will be eligible to sell back up to 40-hours of accrued sick leave from the 720-hour bank for cash at their current rate of pay. Once the employee opts to sell back sick leave, the 720-hour bank is reduced by the number of hours sold back to the city each calendar vear. Sick leave hours accrued after participation in the sick leave buy-back program will be placed in the employee's sick leave bank for hours that are not reimbursable upon termination of employment or retirement. The purpose of this sick leave buy-back section is two-fold: first, to reward employees who do not use more than 40-hours of accrued sick leave per year: and second, to reduce the city's unfunded liability when an employee terminates employment or retires. Written notification of the employee's desire to sell accrued sick leave must be submitted to payroll on or before January 15 of the following year and payment will be made in the first full pay period after February 15. Payments made under this provision do not become part of the base wage, nor will such Payments be used to calculate any other benefit unless required by law. H. The Chief of Police may not discipline an employee for the legitimate use of sick leave without just cause. Section 3. Death in Family Leave. In the event of a death in the immediate family of an employee, the employee shall be granted up to forty (40) work hours off with pay. Immediate family is defined as the spouse and children of the employee, the mother, father, brother, sister, grandmother and grandfather of the employee or those of the employee's spouse, grandchildren of the employee, stepparents, and any domiciliary residing in the residence of the employee. Section 4. Leave Without Pay. With the permission of the Chief, each employee may be allowed a leave of absence without pay, up to seven hundred twenty (720)work hours. 16 Section 5. Personal Leave. Employees will earn eight(8) hours of personal leave for each calendar quarter of perfect attendance. In reference to personal leave only, use of any sick leave shall constitute non-attendance. The employee may use such leave for any purpose subject to the advance approval of the employee's commanding officer. The employee may not carry across contract or fiscal years more than thirty-two (32) hours. An employee may not accrue more than fifty-six(56) hours of personal leave at any given time. Section 6. Family and Medical Leave Act. The Family and Medical Leave Policy set out in the City of Beaumont Policies and Procedures Manual shall apply to employees in the Department. ARTICLE 17 HOLIDAYS Section 1. The following holidays shall be recognized and observed: New Year's Day Labor Day Good Friday Easter Sunday Thanksgiving Day Day after Thanksgiving Memorial Day Christmas Day Independence Day A"floating" holiday is hereby granted to every employee during the fiscal year; scheduling of time off must be approved by the Chief or the Chiefs designee. Holiday pay is defined as eight(8) hours pay at the employee's hourly rate of pay. Section 2. Any employee who works on a holiday in a regular tour of duty shall be paid a premium rate of twice the employee's regular rate of pay in addition to holiday pay. Section 3. Any employee who is required to work on a holiday not within the employee's regular tour of duty shall be paid at the time and one-half rate for that day in addition to regular pay and in addition to holiday pay. Section 4. If any holiday specified in Article 17, Section 1, of the Agreement is on an employee's regular day off and said employee does not work on said holiday, the employee shall receive eight(8) hours off with pay or eight (8) hours pay in addition to his regular pay. If a holiday specified in Article 17 of the Agreement falls during an employee's vacation, said holiday shall not be charged to said employee's vacation time. Section 5. The Chief may designate which employees are essential and adjust work schedules during holidays to avoid requiring unneeded personnel having to work during a designated holiday. Section 6. The"call back pay"provisions of this Agreement shall not apply to this Article. Section 7. An officer shall not be eligible to receive holiday pay if the officer is on leave without pay or absent without leave. 17 i ARTICLE 18 WAGES Section 1. Wages and Rates of Pay: The Employer will adopt the wage schedule attached as Appendix "A" based on consecutive years of service. In regard to consecutive years of service, the Employer agrees that benefits, wages, rates of pay or leave accrual currently received by an employee hired or rehired prior to the execution of this agreement shall not be reduced. Section 2. Certification Pay. In addition to the wage rates established by this Agreement, the Employer shall pay premium pay as follows for the following: 1. To the holder of an intermediate certificate issued by the Texas Law $50 per month Enforcement Commission on standards and education. 2. To the holder of an advance certificate (the holder of an advance certificate $100 per month shall not be entitled to the premium pay of$50.00 per month as the holder of an intermediate certificate). 3. To the holder of a master certificate (the holder of a master certificate shall $150 per month not be entitled to the premium pay of$100.00 per month as the holder of an advanced certificate). 4. Licensed breathalyzer operator (if the employee is engaged as a $50 per month breathalyzer operator. No more than 30 employees shall be entitled to premium pay as breathalyzer operators During the term of this Agreement). 5. Licensed polygraph examiner (if actively engaged during the term of this $50 per month Agreement as a polygraph operator). 6. Any employee qualifying as an expert latent fingerprint witness and who is $40 per month assigned to the identification bureau 7. Field Training Officers $75 per month 8. Bilingual officer (must pass proficiency certification and re-certify at least every two [2]years): Spanish $25 per month Vietnamese $50 per month Sign Language $25 per month 9. SWAT Team Members $25 per month Educational Incentive. In lieu of receiving certification pay (1, 2, or 3) in Section 2 above, an employee with a bachelor's degree may elect to receive an educational incentive of $100 per month or $150 per month for a master's degree. Section 3. Supervisory Pay. In addition to the wage rate established by the current labor agreement, the Employer shall pay supervisory pay at a rate of $200 per month to sergeants who are assigned to supervise five(5)or more sworn personnel. Section 4. Supervisory Training Incentive. In addition to the wage rate established by the current labor agreement, the Employer shall pay a one-time bonus of$750 to any sergeant, lieutenant or captain who successfully completed the Law Enforcement Management Institute of Texas (LEMIT), Southern Police Institute (SPI)or FBI National Academy after October 1, 1997. 18 Section 5. Police Specialist Incentive. Grade I officers with three (3)or more years of service with the Department shall be eligible to compete for advancement to Police Specialist. Police Specialist is not a rank or classification under Chapter 143 or this Agreement, but a non-supervisory position within the Grade I classification and rank designed to recognize employees with superior skills, initiative, education, and knowledge of police work. a. The Employer shall follow Chapter 143 only in regard to posting a notice of the written examination and a list of any study materials needed to prepare for the examination. The written examination shall be designed to test the knowledge of Grade 1 officers in such areas as patrol skills, initiative, criminal laws and procedures, preparing reports and related documents, Department rules and regulations, city ordinances and other job-related areas. This written examination is not a "civil service" examination requiring a civil service certification. The written examination shall be based upon a maximum score of one hundred (100) points. A passing score will be seventy percent(70%). b. The Employer may use the assessment center process as outlined in Article 11 in addition to the written examination. If so, a situational investigative exercise shall be used instead of the situational management exercise. The Union and Employer may mutually agree to use assessors from within the Department instead of assessors from outside the Department. C. Employees in Grade I who are selected to become Police Specialists will receive incentive pay of$200 per month. d. The Chief may select in his discretion any employee who is a Police Specialist to be assigned to or reassigned from the Criminal Investigation Division or Narcotics Division as a criminal investigator. Such assignments as a criminal investigator shall be on a voluntary basis only. The Chief shall make a reasonable effort to accommodate Police Specialists who are reassigned from a criminal investigator position back to a patrol position with obtaining the shift and days off they would be eligible for by seniority. Such employees shall not receive Grade II pay. e. The Chief may remove for just cause any employee who is designated a Police Specialist. The employee may grieve the removal pursuant to Article 9 of this Agreement. f. Between October 1, 2003 and September 30, 2004, the Employer shall maintain and fill at least thirty-five(35) Police Specialist positions. g. If only a written examination is used, then seniority and educational points will be added to the written test score in the manner set forth in Article 11 to determine a final eligibility score. If both a written examination and an assessment center are used, then the scoring procedures and the establishment of a final eligibility score shall follow the process set forth in Article 11. The eligibility list shall expire after 12 months, or when exhausted, whichever occurs first. ARTICLE 19 SHIFT DIFFERENTIAL Employees assigned to regularly work the 3:00-11:30 p.m. shift shall receive shift differential pay of$.20 per hour. Employees assigned to regularly work from 11:00 p.m.-7:30 a.m. shall receive shift differential pay of $.35 per hour. Employees assigned to regularly work from 6:00 p.m.-2:30 a.m. shall receive shift differential pay of$.27 per hour. Shift differential shall not be paid for vacations, sick leave and on-the-job injury leave. ARTICLE 20 OVERTIME,CALL-BACK AND STAND-BY PAY 19 i Section 1. "Hourly rate of pay"shall be an employee's annual salary divided by 2080 hours. Section 2. Overtime Pay. A. All work performed by an employee in excess of forty (40) hours in any given week shall be deemed overtime and shall be compensated on the basis of time and one-half the employee's regular hourly rate of pay in salary or compensatory time as is now the practice. Excused absences with pay shall be deemed as days worked. All employees shall be allowed to accumulate and accrue up to 240-hours of compensatory time. B. No schedules, tours of duty or days off shall be changed in order specifically to avoid the payment of overtime. C. If an employee performs police duties on off-duty hours, the employee is entitled to overtime compensation for time actually spent. An employee shall be entitled to insurance coverage that the employee would have had if on duty at the time. In addition, the employee shall be entitled to any reasonable expenses incurred in performing such duty if approved by the Chief. Should the Chief deny the claim, the employee may grieve pursuant to the Grievance Procedure. This section shall not apply to any employee who receives remuneration of any type from any other employer for performing such duties. This section applies only to inadvertent disruptions of an employee's off-duty time. Section 3. Call Back Pay. All employees who are called back to work from off-duty shall be paid at least two (2) hours minimum one and one-half times the basic rate of pay. All hours in excess of two (2) hours shall be paid at one and one-half times the basic rate of pay. Section 4. Stand-by Pay. When an employee is on officially designated stand-by duty and such designation is made at least forty-eight (48) hours prior the commencement of that duty, the employee shall receive one (1) hour of pay(at straight time) for eight(8) hours of duty or any fraction thereof. If the assignment is made within forty-eight (48) hours of the commencement of the duty, the employee shall receive two(2) hours of straight pay for eight(8) hours of duty or any fraction thereof. Section 5. Court Time. Any employee on duty on the 11:00 p.m. to 7:30 a.m. shift, or on vacation, or on a day off who attends as a witness or in any other capacity in the performance of their duty in a criminal matter or in a civil matter in any case pending in the District Court, Juvenile Court or in a County Court, or before any Grand Jury proceedings or in conferences with the District Attorney or Assistant District Attorney, or at any pre-trial conference or any other related hearings, or any proceedings by any City, County, Town, State or Federal government or any of the subdivisions or agencies thereof, shall be entitled to two(2) hours minimum overtime compensation at the rate of time and one-half. On those occasions when employees are scheduled to work between the hours of 3:00 p.m. to 7:30 a.m., and they are in Court for eight (8) hours the same day, they may, with the permission of their shift commander, notify the Department that they are waiving their court pay and not going to work their shift. Conversely, they may choose to accept the court pay and report for work. This provision shall not apply to those employees who attend court during their regularly scheduled work hours. ARTICLE 21 LONGEVITY PAY In addition to all other monies paid for services rendered, the Employer agrees to pay each employee the sum of Four and No/100 Dollars ($4.00) per month longevity pay for each consecutive year of service in the department up to and including twenty-five (25)years of service. ARTICLE 22 INSURANCE 20 Section 1. The Employer shall provide basic life and accidental death and dismemberment insurance to all employees equal to the employee's annual base salary up to a maximum of $50,000 at no cost to employee. Section 2. Liability Protection. The Employer shall not reduce during the term of this agreement liability protection as is presently afforded employees by the Employer. In the event that employees are not covered by liability protection when driving prisoners' vehicles, the Employer will not require employees to drive such vehicles. Section 3. Point-of-Service Medical Plan. A. Employees shall be offered the same medical insurance plan choices as provided to civilian employees as long as they are comparable in benefits to the current plan. If any plan offered is not renewed by the Employer, the benefits, deductibles, and 80/20 major medical percentages in the plan shall remain the same as those in effect on the date of the execution of this Agreement. The Employer will continue to pay both employee and dependent contribution to the plan at the current rate. Increases, if any, shall be contingent on civilian increases. For example, an employee who is presently paying $22.00 per month for two (2) or more dependents would be required to pay$32.00 per month if a civilian employee with two (2) or more dependents pays $10.00 per month more for such insurance. The Employer may increase the employee's contribution for dependents not to exceed $12.00 per month in any plan year. The increase amount for each year is not cumulative from plan year to plan year. Increases, if any, for any plan year shall not take effect until January 1 of each year. Married couples who are both covered by the city insurance and who have no dependents will not be charged any dependent premium. Married couples with one or more dependents shall be charged only one time for the increase. The Employer shall give notice to the Union at least forty-five(45)days in advance of any cost increase in dependent insurance premiums. The Union shall be entitled to examine all documents, records, statistics, and relevant data used by the Employer to determine a rate increase. B. Employees may choose and utilize any managed care plan offered to civilian employees under the same terms and conditions as civilian employees. C. Employees may utilize the prescription drug plan under the same terms and conditions as civilian employees. Section 4. Retiree Medical Insurance Program. A. During the term of this Agreement, Employer will provide medical coverage for employees and their dependents retiring or becoming disabled after April 1, 1984, subject to the provisions of Sections 4(B)through 4(H) hereof inclusive. B. Employer is authorized to receive from each retiree, as a condition of receiving retiree medical coverage, a signed statement acknowledging that both the contribution rate (premium) and hospital/medical coverages of the retiree insurance may change in the future. C. Retired or disabled employees may participate in the program only if they are eligible for retirement or disability benefits under the Texas Municipal Retirement System (TMRS). Only those individuals who are considered eligible dependents of the disabled/retired employee at the time of retirement shall be eligible for continued medical coverage. The disabled/retired employees shall not add or change(except drop a dependent while covered under this medical plan. Any employee who retires or becomes disabled and has a spouse who is employed with the City may 21 become a dependent of the spouse along with other eligible dependents under the Employer's group medical plan. However, the retired or disabled employee shall make application at least thirty-one (31) days prior to the spouse's termination date to the Employer to institute his/her eligibility for retiree coverage. The spouse and eligible dependents will be allowed to become dependents of the retiree in accordance with the provisions of this amendment. Upon retirement, the retiree will be required to complete and sign a"Delayed Participation in Retiree Medical Coverage"form. If a participant's contribution rate status as set out in 4(G) hereof changes, the new rate will be put into effect on the first day of the month following the month in which the contribution rate status change. D. Coverage provided shall be the same as that provided employees. However, if the Employer, the Union and retirees and disabled employees and their dependents agree, alternative medical insurance programs at different rates and at different levels of coverage may be provided. E. Retired or disabled employees and their dependents participating in the plan created herein are required on or before age 65, if eligible, to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S. Government Medicare Program. Upon qualification for the Medicare Program, the participant will be excluded from the program herein established. If a participant is not eligible for Medicare, the participant may continue coverage under this medical plan. Failure to become a subscriber as required herein will result in the participant's immediate exclusion from the program herein established. Eligible dependent children may continue coverage under this medical plan after their parents are no longer eligible in accordance with the definition of dependent as listed in the summary plan document. F. A participant who would otherwise be required to leave the program herein established as provided by 4(E) above may remain on the program if supplemental Medicare insurance without proof of insurability is not available at that time. Such participants must, however, leave the program when such supplemental Medicare insurance for which they are qualified is available. Employer will make its best efforts to obtain and provide information to retirees concerning the availability of such supplemental insurance. The cost of any such supplemental insurance will be paid for by the participant. G. The participant's monthly contribution rate for medical insurance will be as follows: "Single Rate--$150 "Single+ 1 dependent--$200 "Family-4250 Those participants who retired between the dates of April 1, 1984 and January 31, 1992, shall pay the rates listed above and shall have no increase in contributions until such time as they leave the plan. H. Those who retired on or after February 1, 1992, may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69% of the COBRA rate on January 1st annually. The single + 1 dependent rate will be established at 58% of the COBRA rate and the family rate will be established at 54% of the COBRA rate. Subject to paragraph 4(E) hereof, eligible spouses and dependents may remain on the plan at the above-established rates. Section 5. Dental Insurance. The Employer shall provide dental insurance coverage through the CLEAT Benefit Trust for each employee at a maximum monthly cost of 29[$24]. If the employee elects to add dependents to the dental insurance, the Employer shall pay a maximum monthly cost of 55[$58] for both the employee and eligible dependents. [EffeGtiVe OGtebeF 1, 2001, shall be iRGreased to $29 fer employee only and tQ $60 fGF an employee and eligible dependents. The Employer shall pay $55 per menth for the GGSt of employee and ] Each employee shall pay any ] additional cost. The Employer shall deduct the employee's{$a peF FneR n] 22 cost from the employee's paycheck. Plan II of the CLEAT Benefit Trust includes employee and family dental insurance coverage. In addition, the trust plan provides accidental death and dismemberment insurance coverage for the employee and the employee's family, and a blood insurance plan that covers the employee and the employee's family. The trust document and plan benefits will be provided to the Union and the Employer, and to any employee upon request. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee or affected family member resulting from the operation of this Section. The Employer shall make payments to the CLEAT Benefit Trust on or before the first day of each month. ARTICLE 23 GENERAL PROVISIONS Section 1. Parking. The Employer shall provide, without cost to employees on duty, adequate parking space adjacent to Police Department facilities. Section 2. Bulletin Boards. The Employer agrees to furnish and install one (1) bulletin board on each of the three (3) floors to be affixed in the first floor hallway, uniform squad assembly room, and detective squad room at the police station to be used by the Union for the following notices: A. Union meetings; B. Union elections; C. Reports of Union committees; D. Rulings or policies of international association; E. Recreational and social affairs of Union. The Union agrees that there shall be no other general distribution, or posting, by the Union or its members upon City property, provided, however, the Chief may permit other material not provided for above at the Chiefs discretion to be posted or distributed. The Union agrees to maintain such bulletin boards in a neat and orderly manner. The Association shall be allowed to utilize Department email to disseminate bulletin board information under the same rules and regulations as adopted for bulletin boards. Section 3. Mileage Allowance. Employees required to use their private automobiles for duly authorized Department business shall be compensated at the current Employer rate. If an increase is given to other City employees during the term of this Agreement, the rate stated herein shall be increased accordingly. Section 4. Residency. Residency shall not be a condition of employment for employees; each employee must be a legal resident of the United States and reside within its boundaries. Section 5. Safety Program. In the best interest of the Department and to promote the safety of the employees, patrol cars shall be manned by two (2) officers during periods of high criminal activity and in high crime areas. Whenever one (1) officer units are in use, the Employer will use its best efforts to maintain sufficient staffing to provide for employees'safety. ARTICLE 24 CIVIL SERVICE In the event that any provision of this Agreement conflicts or is inconsistent with any provision of Chapter 143 of the Local Government Code, this Agreement shall prevail notwithstanding any such provision of the Local Government Code. It is understood by the parties hereto that Section 143.013 of the Local 23 Government Code relating to civil service rights of the Chief shall in no way be affected by the terms of this Agreement. ARTICLE 25 SELECTION The Union agrees that the Employer shall have the right to establish selection procedures for Grade I police officers. Modifications in existing selection procedures shall be brought to the attention of the Union ten (10) days prior to implementation. In establishing a selection procedure for Grade I, the Employer shall not be bound by or subject to the provisions of Chapter 143 of the Local Government Code. ARTICLE 26 COPIES OF AGREEMENT The Employer agrees to furnish copies of this agreement to the Union President for each employee to be distributed by the said President. ARTICLE 27 SAVINGS CLAUSE Should any provision of the Agreement or any supplement thereto be held invalid by any court or tribunal of competent jurisdiction, or if compliance with or enforcement of any such provisions of the Agreement and any supplement thereto should be restrained by any court, all other provisions of the Agreement and any amendment thereto shall remain in force and the parties shall negotiate immediately for a satisfactory replacement for any such provision. ARTICLE 28 STABILITY OF AGREEMENT No agreement, understanding, alteration or variation of the agreement, terms or provisions herein contained shall bind the parties unless made and executed in writing by the parties hereto. The failure of the Employer or the Union to insist in any one or more instance, upon performance of any of the terms or conditions of this Agreement, shall not be considered as a waiver or relinquishment of the right of the Employer or the Union to future performance of any such term or condition, and the obligations of the Employer and the Union to such future performance shall continue in full force and effect. ARTICLE 29 POLICE OFFICERS' BILL OF RIGHTS In the event of citizen complaints concerning the conduct of an employee, this Bill of Rights shall serve as the basic guideline to offer protection to the employee. Every employee shall be required to cooperate in any investigation regarding complaints of employee misconduct arising from citizen complaints. Section 1. Procedures. A. The interrogation shall be conducted at a reasonable hour. B. The interrogation should take place at the Department when possible. C. The employee under interrogation shall be informed of the names of the persons present during interrogation. D. All questions directed to the employee under interrogation shall be asked in an orderly 24 fashion. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such necessities and rest periods as reasonably necessary. F. If the employee under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he shall be informed of his rights prior to the commencement of the interrogation. G. The Chief or the Chiefs designee may employ as an investigative aid a polygraph examination from licensed polygraph examiners who are not employed by the Employer nor any public employer. This Agreement shall not preclude the use of polygraph examination results as evidence in a disciplinary proceeding. The Department may elect to require the complaining citizen to first submit to a polygraph examination before requiring the employee to submit to a polygraph examination. Should the citizen refuse to take the examination or the Department fail to offer one to the citizen, the employee being'ordered to take a polygraph examination shall be so advised. This Agreement shall not preclude the admission of such information as evidence in a disciplinary proceeding. H. The Chief or the Chiefs designee shall use the polygraph examination in a fair and reasonable manner. 1. The refusal of the employee to answer all questions fully and truthfully and to submit reports shall be grounds for disciplinary action. J. An employee may have a Union representative with them as an observer only so long as the representative does not delay or impede the investigation. The observer may not relay any information obtained as a representative to any third person except to a lawyer retained by the employee to represent them in the grievance. Section 2. Disclosure. No employee shall be required or requested to disclose any item of property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his family or household) unless required by law. Nothing in this section shall be construed to prohibit the Chief or the Chiefs designee from requiring that employees submit requests for approval of off-duty employment. Section 3. Rules and Regulations. If the investigation or interrogation of the employee results in any disciplinary action, the Employer shall follow the Department's Rules and Regulations. Effective upon execution of this Agreement and subject to the Records Retention Act, only sustained formal complaints filed after the execution of this Agreement shall be retained by the Employer in the employee's personnel file and Internal Affairs file. ARTICLE 30 IMPASSE PROCEDURE Section 1. In the event that an impasse, as defined in Chapter 174, Local Government Code (herein referred to as the "Act"), is reached in the collective bargaining process after submission of the unresolved issues to mediation under Section 174.151 of the Act, either party to the dispute, after written notice to the other party containing specifications of the issues in dispute, may request appointment of a fact finder as provided herein; provided, however, a party shall not request a fact finding more than once during any fiscal year. Prior to invoking fact finding, the parties shall make every reasonable effort to settle their differences. The request for fact-finding shall be initiated within five (5) days following the expiration of the sixty(60) day pre-impasse period or within five (5) days of any agreed extension thereof. The members of the fact-finding panel shall be appointed in the manner provided in Section 174.154 of 25 the Act for an arbitration panel. Section 2. The parties shall enter into a written agreement specifying the issues to be submitted to fact finding. Each party may submit an unlimited number of issues to the fact finding panel; provided, however, that all economic issues (i.e., those issues involving cost or expense to the Employer) shall be combined into a "total economic package" and shall be submitted as a single issue. Non-economic issues may be submitted separately. Each party shall submit in writing to the fact finders its position on each issue at or prior to the hearing. Section 3. The fact finding panel shall, acting through its chairperson, call a hearing to be held within a reasonable time after appointment of the chair, and shall give the parties at least fifteen (15) calendar days notice in writing of the time and place of such hearing. The hearing shall be informal. After hearing all evidence offered by the parties, the panel shall render a written decision making findings of fact and recommendations as to all matters in dispute. In its written decision, the panel shall state its reasons for its finding of fact and recommendations. In making such findings and recommendations, the panel shall select the final position of one of the parties on each issue presented and shall not attempt to "split the difference." Section 4. In making its findings of fact and recommendations, the panel shall consider only the following: 1. The total compensation, including wages and benefits, and conditions of employment provided by the Employer to members of the bargaining unit. 2. The total compensation and terms and conditions of employment of police officers employed by Texas cities with populations between 90,000 and 250,000 according to the 2000 Federal decennial census. 3. The rate of increase or decrease in the cost of living for the Houston area determined by the Consumer Price Index for the period beginning with the effective date of the current contract and ending with the most recent published report at the time of the commencement of the hearing. 4. The revenues available to the Employer and the demands upon such revenues. 5. Any current Federal policies or guidelines concerning wages and other compensation. 6. Labor agreements from the Texas cities defined by 12" above. Section 5. The fee and expenses, including stenographic charges, of the neutral fact finder shall be split equally between the Employer and the Union. All other expenses, including copies of transcripts, witness fees, and fees and expenses of the member of the panel appointed by each party, shall be paid by the party incurring the expense. Section 6. The findings and recommendations of the fact finder shall not be made public for fifteen (15) calendar days, unless extended by mutual agreement in writing. Once the findings and recommendations are released to the public, the parties shall have seven (7) calendar days to either accept or reject the findings and recommendations. Section 7. In the event that either party rejects one or more recommendations of the fact finding panel, the rejected party may request submission of each rejected recommendation to a referendum; provided, however, that neither party may request submission to referendum of more than three (3) non-economic issues. If either party requests a referendum hereunder, it shall be the duty of the City Council to call such referendum at the earliest date permitted by law. The cost to the Employer of conducting the referendum shall be borne on a pro rata basis based on issues by the party or parties requesting that the issues be submitted to referendum. 26 The City Clerk's determination of the cost of the election shall be conclusive. Each issue shall be submitted separately on the ballot and the voters shall cast their ballots "for' or "against" the position of the party rejecting the fact-finding panel's recommendation. The results of the referendum shall be binding on the parties. The conduct of the election shall be handled in an efficient manner. ARTICLE 31 RETIREMENT The Employer agrees not to decrease the matching ratio or any other benefit under the Texas Municipal Retirement System(TMRS)during the term of this Agreement. o ] [ ,]The Employer agrees to maintain the CPI annuity at no less than seventy percent (70%). ARTICLE 32 DURATION OF AGREEMENT This Agreement shall be effective on October 1, 2003 and shall remain in full force and effect until the 30th day of September, 2004. This Agreement shall continue in effect after September 30, 2004, until superseded by a new agreement; provided that, unless agreed to in writing by the parties, this Agreement shall not continue in effect after September 30, 2005. IN WITNESS WHEREOF, the Beaumont Police Officers Association has caused this Agreement to be signed by its President, by order of its membership, and the City of Beaumont has caused this Agreement to be signed by its City Manager on the day of . 2003. BEAUMONT POLICE OFFICERS CITY OF BEAUMONT ASSOCIATION By: By: President City Manager Witness Witness 27 APPENDIX A. ARTICLE 18 -SCHEDULE OF WAGES EFFECTIVE 10-01-03(2%) GRADE i -POLICE OFFICER Start to 1 year $2,938 per month 1 year to 2 years $3,117 per month 2 years to 3 years $3,216 per month 3 years to 4 years $3,316 per month 4 years to 5 years $3,412 per month 5 years to 8 years $3,513 per month 8 years to 10 years $3,582 per month 10 years to 12 year $3,689 per month 12 years to 15 years $3,763 per month 15 years to 20 years $3,879 per month 20 years or more $3,995 per month GRADE II -POLICE SERGEANT 0 to 5 years $4,221 per month 5 years to 10 years $4,451 per month 10 years or more $4,540 per month GRADE III -POLICE LIEUTENANT 0 to 5 years $4,812 per month 5 years or more $4,908 per month GRADE IV-POLICE CAPTAIN 0 to 5 years $5,216 per month 5 years or more $5,321 per month 28 APPENDIX B ARTICLE 11 - PROMOTIONS The following shall serve as an example of one employee's score on the total promotional system: An employee scored 83 points on the written examination and is initially ranked by forty percent (40%) of 83, which is 33.2. Each assessor submits a score on each exercise: Assessor1 Assessor2 Assessor3 Exercise A 75 84 91 Exercise B 70 73 78 Exercise C 79 60 68 Exercise D 85 90 82 The average assessment score is 77.91 (935 total points divided by 12 individual scores). Forty percent (40%) of 77.91 is 31.16. The employee has eight years seniority (8 points) and a Bachelor's degree (6 points). Final rank: Written Examination 33.20 Assessment Center 31.16 Seniority Points 8 Education Points 6 Final Promotional Score: 78.36 29 I . , r mum d City of Beaune REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 29 2003 1.30 Palo CONSENT AGENDA * Approval of mutes Confirmation of committee appointments A) Approve the settlement of a lawsuit A City o f Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, First Assistant City Attorney MEETING DATE: December 2, 2003 AGENDA MEMO DATE: November 26, 2003 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of James Harris v City of Beaumont, et al. RECOMMENDATION Council approval of a resolution authorizing the settlement of the lawsuit of James Harris v City of Beaumont, et al. BACKGROUND Council discussed the settlement of this lawsuit in executive session Tuesday,November 25, 2003. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the amount of Eighty-Five Thousand Dollars Three-Hundred($85,300)Dollars in settlement of James Harris v City of Beaumont, et al. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. SAAGENDAIAGENDA ITEM MEMOSIHARRIS.wpd