HomeMy WebLinkAboutRES 97-279 RESOLUTION NO. _2Z-,2-q
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute a three (3)-year labor
agreement with the Beaumont Police Officers Association effective October 1, 1997. The
contract is substantially in the form attached hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of ��., , 1997.
- Mayor -
` - INTER-OFFICE MEMORANDUM
City of Beaumont, Texas
City Attorney's Office
Date: October 29, 1997
To: Mayor and City Council
From: Lane Nichols, City Attorney
Subject: Labor Agreement with the Beaumont Police Officers' Association
COMMENTS
The Labor Agreement with the Beaumont Police Officers' Association expired September
30, 1997. Since late summer, we have been negotiating with the Beaumont Police Officers'
Association in the-hopes of reaching an agreement concerning a new contract. Over the last
week and a-half, the Police Officers' Association has been voting on a Labor Agreement which
was the results of that negotiation. The City's negotiating team consisted of Kyle Hayes, Dean
Johnson and Lane Nichols.
The voting was completed Monday, October 27, 1997. The vote was 193 for the new
agreement and 59 against the new agreement. The City Manager and I recommend that the
Council authorize the City Manger to execute the new agreement as approved by the Beaumont
Police Officers' Association.
Significant changes have been obtained In the proposed contract. Highlights include the
following:
1. The Contract no longer contains the article that established a "Labor Relations
Committee". The Committee had not been active in many years and some
provisions of the article could have resulted in liabilities to both the City and the
Union.
2. The Contract clarifies that probationary employees are not subject to the
grievance procedure for disciplinary grievances.
3. The Contract establishes a new promotional system utilizing an assessment
center in addition to the written test which is required by Civil Service.
4. The Contract obtains authority for management to flex the work hours of
specialized police units.
5. The Contract provides for a payment of up to sixty (60) days of unused sick leave
to those officers who retire prior to April 1, 1998. In lieu of accepting money for
Date: October 29, 1997
4 To: Mayor and City Council
Subject: Labor Agreement with the Beaumont Police Officers' Association
such unused sick days, the officer may, as an option, use the funds to pay for
retiree health insurance.
6. The Contract brings police officers under the procedures utilized for civilian
employees under the Family and Medical Leave Act policy.
7. The Contract provides a one-time incentive payment of Seven-Hundred Fifty
($750.00) Dollars to officers who graduate from -the Law Enforcement
Management Institute of Texas, Southern Police Institute or the FBI National
Academy.
8. In lieu of pay for certification, the Contract provides for the payment to officers
with Bachelor's Degrees of One-Hundred ($100.00) Dollars per month and
officers with Master's Degrees of One-Hundred Fifty ($150.00) Dollars per month.
9. The Contract establishes a career ladder for 35 Grade I officers who compete to
become Police Specialists. Police Specialists receive an additional Two-Hundred
($200.00) Dollars per month in salary. The Chief has complete authority to
choose Police Specialists to be utilized in the Investigative Division.
10. The Contract brings police officers and their families into the City's health
insurance program. Officers may be required to contribute up to Twelve ($12.00)
Dollars per month to the indemnity plan in 1999 and another Twelve ($12.00)
Dollars per month in 2000.
11. The Contract clarifies the right of an officer to have a representative present
when he is being investigated for disciplinary purposes.
12. The Contract provides that the City will retain only sustained complaints against
an officer in either the IAD file or the personnel file of the officer.
13. The Contract will last for three years.
All participants in this negotiation process took their obligation very seriously. As a point
of personal privilege, I would like to thank the members of the police negotiating team for the time
and effort they expended in this process and special thanks to Ronald DeLord, the President of
C.L.E.A.T., for his effort and leadership in reaching a mutually satisfactory labor agreement. We
believe this Contract moves the department and its officers in a positive direction and will assist
management and the Union in assuring the citizens of Beaumont that they will continue to have
the highest quality professional police force serving the City of Beaumont.
Lane Nichols
LN:cg
BEAUMONT POLICE OFFICERS ASSOCIATION
LABOR AGREEMENT
OCTOBER 1 , 1997 - SEPTEMBER 30, 2000
EXHIBIT °°q°
TABLE OF CONTENTS
Article Provision Page
PREAMBLE 3
INTENT AND PURPOSE 3
DEFINITIONS 3
1 RECOGNITION 4
2 DISCRIMINATION 4
3 MANAGEMENT RIGHTS 5
4 MAINTENANCE OF STANDARDS 5
5 NO STRIKE - NO LOCK-OUT 6
6 UNION REPRESENTATIVES 6
7 UNION BUSINESS LEAVE 7
8 PAYROLL DEDUCTION OF DUES 7
9 GRIEVANCE PROCEDURE 8
10 SENIORITY 12
11 PROMOTIONS 13
12 WORKING OUT OF CLASSIFICATION 17
13 HOURS OF DUTY AND WORK SCHEDULES 17
14 SHIFT EXCHANGE 18
15 CLOTHING 19
16 LEAVE 20
17 HOLIDAYS 23
18 WAGES 24
19 SHIFT DIFFERENTIAL 26
20 OVERTIME, CALL-BACK AND STAND-BY PAY 27
21 LONGEVITY PAY 28
22 INSURANCE 28
23 GENERAL PROVISIONS 32
24 CIVIL SERVICE 33
25 SELECTION 33
26 COPIES OF AGREEMENT 33
27 SAVINGS CLAUSE 33
28 STABILITY OF AGREEMENT 34
29 POLICE OFFICER'S BILL OF RIGHTS 34
30 IMPASSE PROCEDURE 36
31 RETIREMENT 38
32 DURATION OF AGREEMENT 38
ADDENDUM "A" - WAGES 39
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.
E. "Employee" means a sworn police officer who is a member
of the bargaining unit.
F. "Employer" means the City of Beaumont._
3
G. "Union" means the Beaumont Police Officers Association.
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 all full time police officers,
sergeants, lieutenants, and captains employed in uniformed and
plainclothed 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
4
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, creed, sex, handicap 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.
5
ARTICLE 5
NO STRIKE - NO LOCK-OUT
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.
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, and general meetings.
6
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 two (2), shall be allowed time off to negotiate if they are scheduled
to work at that time.
Section 2. Two (2) 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 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 Chief shall not be unreasonably withheld. The association will be
responsible for the payment of travel expenses and training fees.
ARTICLE S
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 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 S. 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.
A. Any employee who is aggrieved because of demotion or
suspension shall file a written report giving the nature and details of the
incident which 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
8
giving rise to the grievance.
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 giving 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 employee who is aggrieved 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
9
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 upon which the Union knew or
should have known of the occurrence or occurrences giving 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) 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.
10
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 which occasioned the arbitrator's appointment.
C. The decision of the arbitrator, if within the scope of the
arbitrator's authority, shall be final and binding upon the parties.
D. Costs and expenses for the services of the arbitrator shall
be shared equally by the Union and the Employer. 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 employee agrees that, with the adoption of this
grievance procedure herein, the hereby employee 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 143.057(j).
I1
ARTICLE 10
SENIORITY
Section 1. 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 employee of the reasons. A
probationary period may be extended in excess of ninety (90) days due to
extenuating medical circumstances not to exceed one (1) year.
During the probationary period, an employee may be
disciplined for any reason, without recourse to the grievance procedure.
The Union may accept probationary employees for membership "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.
Section 2. Seniority 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
shall be the determining factor. The Chief shall determine which officers
will attend the training schools.
Section 3. 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.
Section 4. 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.
Section 5. Layoff and recall shall be pursuant to Section
143.085, Local Government Code.
12
ARTICLE 11
PROMOTIONS
Section 1. All written 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 9 if the Employer provides notice
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 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 (Captains) shall be open to all employees who
have held a continuous position for two (2) 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 Beaumont
Police Department.
Section 4. Test material for Grade II police sergeant
promotional examinations may also include four (4) outside sources of
reading materials chosen by the Civil Service Director that pertain to the
duties of police officers in Grade II.
13
Section 5. Reduction of the four outside sources shall be
accomplished by limiting the number of chapters to be tested in each
outside source. Said reduction of reading materials shall be reduced by
approximately fifty percent (50%) of the volume of outside sources of
reading material.
Section 6. Test material for Grade III police lieutenant and
Grade IV police captain promotional examinations shall also include two (2)
outside sources of reading material that pertain to the duties of police
officers in Grades III and IV.
Section 7. The eligibility list established as a result of the
examination shall expire one (1) year from the date that the results are
certified by the Civil Service Commission.
Section 8. The Chief may appoint from the staff of the
Department at the Chief's sole discretion, three (3) 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 9. 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 score of the total promotional process. All
employees passing the written examination or the top ten (10) employees
passing the examination, whichever number is less, shall be eligible to
participate in the assessment center process. If the test scores for
determining the tenth (10th) eligible employee are tied, then all employees
having an identical test score to the tenth (10th) position shall be eligible to
proceed to the assessment center. If fewer than three (3) employees pass
the written examination, the Employer must promote pursuant to
Chapter 143.
b. Forty percent (40%) of the final score of the employees
shall be determined by an assessment center selection process consisting
of the following:
14
1. A written exercise testing the employee's written
communication skills. Such exercise should 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. The subject matter of the exercise and
the time limit will be determined by the Director based upon
recommendations of the Chief. The written exercise will be conducted by
the Director or a designee of the Director.
2. An oral exercise shall be administered by the assessors.
This shall consist of the employees' oral presentation of the written essay
question in subsection 1 above, a situational management exercise, and a
role play exercise followed by questions from the assessors testing 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. The
assessors shall consist of at least three (3) sworn police officers from
outside the Department and from a department with a comparable
number of sworn officers or greater. At least one (1) assessor shall be the
same rank as the position being tested. All other assessors shall be of the
same rank or higher than the rank being tested. One (1) assessor will be
chosen by the Union. One (1) assessor will be chosen by the Chief. One (1)
assessor will be chosen by the Director from a list of not more than five (5)
names prepared and agreed upon by the Chief and the Union. If more
than three (3) assessors are required, they may be selected equally as
outlined above. It is required that the assessors not be personally
acquainted with the employees. Assessors may not discuss their opinion
or assessment of any employee in the presence of any other assessor until
after their scores have been submitted to the Director. Once the assessor
has completed his or her scoring, the assessor shall give the scores to the
Director. 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.
3. Each employee eligible for the assessment center shall
prepare a one (1) page written resume, excluding their name. This resume
will be provided to the assessors prior to the beginning of the assessment
process.
4. The Chief or his designee and the president of the Union
or his designee (who may not be a candidate in the examination process)
may sit in attendance in any or all of the exercise conducted by the
assessors. The observers presence is merely to oversee the process and to
gain further insight into needed training of supervisory members of the
15
Department, and the observers are not to attempt, in any fashion, to
influence decisions of the assessors.
5. Up to ten percent (10%) of the employee's final
promotional score shall consist of seniority as calculated pursuant to this
Agreement, up to and including a maximum of ten (10) years.
6. Up to ten percent (10%) of the employee's final
promotional score shall consist of the following additional points for
either certificate or education, whichever is higher:
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
degree. The employee may only seek points for one (1) certificate or
7. The total promotional system score to establish the
eligibility list shall consist of forty percent (40%) from the written
examination, forty percent (40%) from the assessment scores, ten percent
(10%) from the seniority points, and ten percent (10%) from the certificate
or education points for a total of one hundred percent (100%). Except for
the use of an assessment center selection process and scoring system
described in this Article, Chapter 143 shall apply.
8. All costs of the assessment center process shall be paid by
the Employer, including but not limited to, the travel costs of the
assessors.
9. The Director may arrange for or obtain independent
professional assistance to aid the Director in conducting the assessment
center.
10. The Employer shall conduct a workshop or seminar open
to all employees on assessment centers no later than ninety (90) days
before using an assessment center for the first time. Thereafter, the
Employer shall conduct at least one (1) annual workshop or seminar on
16
assessment centers. The Union shall be notified in advance and offered
the opportunity to participate in the workshop or seminar.
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, 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. 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
17
Tactics and Response (STAR) Unit, Narcotics Task Force, K-9 Unit, Street
Crimes Unit, and Narcotics and Vice Unit (formerly the Special Services
Division).
Section 4. Employees shall be paid overtime based upon a
forty (40) hour work week in a seven (7) day cycle. This includes officers
assigned to work in specialized units.
ARTICLE 14
SHIFT EXCHANGE
Section 1. 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.
employees.Section 3. This article does not apply to probationary
Section 4. 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 5. Recognizing that zone assignments may require the
assessment of a number of factors which 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,
said complaint, with a Committee report, shall be forwarded to the Chief
and City Manager for their review and information.
Section 6. 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 responsible for
selection. Notice of vacant positions will be in the form of a staff
memorandum or email to all staff officers. Each such staff officer will
make a reasonable effort to assure that all employees under the staff
1s
officer's command, who are eligible for the vacant position, are aware of
the vacancy. Employees who are interested in said vacant position should
contact a Division Commander in writing where a vacancy exists. A
reasonable amount of time will be allowed for employees to make
application before the vacancy is filled. 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, said complaint,
with a committee report, shall be forwarded 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 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 $20.00 per month.
Section 6. Each newly appointed employee may submit a
reimbursement request in the amount of $300 for the purchase of a new
Protective/ballistic vest. An employee may submit a reimbursement
request in the amount of $300 for the purchase of a new
Protective/ballistic vest if his or her vest is over five (5) years old. The
reimbursement request will be on a form(s) approved by the Chief.
19
ARTICLE 16
LEAVE
Section 1. Vacation.
A. Full-time regular employees shall accumulate vacation in
accordance with the following schedule:
Completed Years Accumulated Hours Pay
of Service Per Period
After 1year 3.08
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 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 employee were not
on vacation shall be counted as vacation 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 time 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 hours which have been accrued may be used.
20
F. An employee shall be able to carry over a maximum of one
hundred and sixty (160) hours of vacation time into the next calendar year.
Section 2. Sick leave.
A. Employees shall be allowed one and one-quarter (1-114) days
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.
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 ninety (90) working days of accumulated sick leave.
F. In the event that an employee with twenty-five (25) years
or more of service retires between October 1, 1997 and April 1, 1999,
they shall have the option of receiving, in addition to the benefit provided
under Section 2 (E), their option of the following benefits.
Option 1. The employee may receive, in a lump sum payment,
the full amount of their salary for the period between ninety (90) working
days of accumulated sick leave and one hundred and eighty (180) working
days of accumulated sick leave for a maximum of forty-five (45) working
days of accumulated sick leave on the basis of one (1) day of payment for
each two (2) days of sick leave. The employee may also receive, in a lump
sum payment, salary for accumulated sick leave in excess of one hundred
and eighty (180) days but less than two hundred and twenty-five (225) days
at a rate of three (3) days of accumulated sick leave for each one (1) day of
compensation, for a maximum not to exceed a total of fifteen (15) days.
The total accumulated maximum benefit that an employee may receive in
a lump sum payment, in addition to the ninety (90) working days of
21
accumulated sick leave provided under Subsection E, is sixty (60) working
days of accumulated sick leave.
Option 2. As an alternative to the lump sum payment
available under Option 1, the employee may elect to have the
compensation that would be secured in a lump sum under Option 1 plus
ninety (90) days of accrued sick leave payable in accordance with Chapter
143 (150-day maximum) applied towards payment of the employee's share
of costs associated with the employee's retirement health insurance.
Vacant positions, which occur as a result of employees
exercising Option 1 or 2 above, shall be abolished, filled, or re-classified on
or before October 1, 1998.
The Employer at its discretion may offer the above sick leave
option to retirees on or before October 1, 1998 to April 1, 1999, and on
or before October 1, 1999 to April 1, 2000.
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 five (5) days (or shifts) 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.
Each employee may be allowed a leave of absence without pay
up to ninety (90) days with permission of the Chief.
Section 5. Personal Leave.
Employees will earn one (1) day of personal leave for each
calendar quarter of perfect attendance. The employee may use such leave
for any purpose subject to the advance approval of the employee's
commanding officer. The employee may accumulate up to four (4) days of
Personal leave, which may be carried across contract or fiscal years,
provided the four (4) day maximum is not exceeded.
22
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 are those which 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 Chief's 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 16, 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 one (1) day 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.
No Text
No Text
Section S. 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.
ARTICLE 18
WAGES
Section 1. Wages and Rates of Pay:
„A „
The Employer will adopt the wage schedule attached as Addendum
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 Enforcement Commission on
standards and education. $50 per mo.
2. To the holder of an advance
certificate (the holder of an
advance certificate shall not be
entitled to the premium pay of
$50.00 per month as the holder of
an intermediate certificate). $100 per mo.
3. To the holder of a master certificate
(The holder of a master certificate
shall not be entitled to the premium
Pay of $100.00 per month as the
holder of an advanced certificate). $150 per mo.
4. Licensed breathalyzer operator
(if the employee is engaged as a
breathalyzer operator. No more than
30 employees shall be entitled to
premium pay as breathalyzer operators
during the term of this Agreement.) $50 per mo.
24
5. Licensed polygraph examiner (if
actively engaged during the term
of this Agreement as a polygraph
operator). $50 per mo.
6. Any employee qualifying as an
expert latent fingerprint witness
and who is assigned to the
identification bureau. $40 per mo.
7. Field training officers $75 per mo.
8. Bilingual officer (must pass
proficiency certification and
re-certify at least every two
[2l years)
a. Spanish $25 per mo.
b. Vietnamese $50 per mo.
9. SWAT Team Members $25 per mo.
Educational incentive. In lieu of receiving certification pay in
Section 2, 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. Proficiency Pay. In addition to the wage rate
established by the current labor agreement, the Employer shall pay
proficiency pay at a rate of $200 per month to sergeants during that
period of time when they 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.
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
25
recognize employees with superior skills, initiative, education, and
knowledge of police work.
a. The Employer shall follow Chapter 143 in 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 I 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.
b. The Employer may use the assessment center process as
outlined in Article 11 in addition to the written examination. 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. The Employer will create and fill at least 35 positions in
Police Specialist on or before September 30, 2000.
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.
26
ARTICLE 20
OVERTIME CALL-BACK AND STAND-BY PAY
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 performed police duties on off-duty hours,
the employee entitled to overtime compensation for time actually spent.
An employee shall be entitled to insurance coverage which 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.
27
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 year of service in the department
up to and including twenty-five (25) years of service.
ARTICLE 22
INSURANCE
Section 1. The Employer shall provide all employees with life
insurance coverage equal to the employee's salary up to a maximum of
$50,000.
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.
28
Section 3. Point-of-Service Medical Plan.
A. 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
$50 monthly for one (1) dependent and $80 monthly for two (2) or more
dependents. Any increase in such contribution for providing the plan
above the cost as of September 30, 1997, may be paid by the employee
after October 1, 1998 as set forth below. For example, if the contribution
for a civilian employee with two (2) dependents is increased to $90, the
employee will pay a monthly contribution of $10. Effective October 1,
1998, the Employer may increase employee's contribution for dependents
not to exceed $12 per month in that plan year. Effective October 1, 1999,
the Employer may increase employee's contribution for dependents not
to exceed $12 per month for that plan year. The increase is not cumulative
from plan year to plan year. Any such increases in a plan year shall not take
effective prior to January 1st.
Married couples who are both covered by the city insurance
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.
29
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 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
30
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.
C. The participant's monthly contribution rate for medical
insurance will be as follows:
"Single Rate--$150
"Single + 1 dependent--$200
"Family--$250
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 Plan and Trust for
each employee at a maximum monthly cost of $24. If the employee elects
to add dependents to the dental insurance, the Employer shall pay a
maximum monthly cost of $50 for both the employee and eligible
dependents.
Plan II of the CLEAT Benefit Plan and 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.
31
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 Plan
and 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 Chief's discretion to be posted or distributed. The Union
agrees to maintain such bulletin boards in a neat and orderly manner.
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.
32
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 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 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.
34
G. The Chief or the Chief's 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 Chief's 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 Chief's 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 shall be
retained by the Employer in the employee's personnel file and Internal
Affairs file.
35
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 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.
36
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 1990 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.
S. Any current Federal policies or guidelines concerning wages
and other compensation.
6. Labor agreements from the Texas cities defined by "2"
above.
Section S. 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.
37
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 elect_ ion
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.
ARTICLE 32
DURATION OF AGREEMENT
This Agreement shall be effective on October 1, 1997, and
shall remain in full force and effect until the 30th day of September,
2000. This Agreement shall continue in effect after September 30, 2000,
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, 2001.
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
19
BEAUMONT POLICE OFFICERS CITY OF BEAUMONT
ASSOCIATION
By: By:
President City Manager
Witness Witness
38
ADDENDUM A
SCHEDULE OF WAGES
EFFECTIVE
10-01-97 (3%)
GRADE I - POLICE OFFICER
Start to 1 year $2,460 per month
1 year to 2 years $2,610 per month
2 years to 3 years $2,692 per month
3 years to 4 years $2,777 per month
4 years to 5 years $2,857 per month
5 years to 8 years $2,942 per month
8 years to 10 years $3,000 per month
10 years to 12 years $3,090 per month
12 years to 15 years $3,152 per month
15 years to 20 years $3,249 per month
20 years or more $3,346 per month
GRADE 11 - POLICE SERGEANT
0 to 5 years $3,534 per month
5 years or more $3,727 per month
GRADE III - POLICE LIEUTENANT $4,029 per month
GRADE IV - POLICE CAPTAIN $4,368 per month
EFFECTIVE
10-01-98 (3%)
GRADE I - POLICE OFFICER
Start to 1 year $2,534 per month
1 year to 2 years $2,688 per month
2 years to 3 years $2,773 per month
3 years to 4 years $2,860 per month
4 years to 5 years $2,943 per month
5 years to 8 years $3,030 per month
8 years to 10 years $3,090 per month
39
10 years to 12 years $3,183 per month
12 years to 15 years $3,247 per month
15 years to 20 years $3,346 per month
20 years or more $3,446 per month
GRADE 11 - POLICE SERGEANT
0 to 5 years $3,640 per month
5 years to 10 years $3,839 per month
10 years or more $3,916 per month
GRADE III - POLICE LIEUTENANT
0 to 5 years $4,150 per month
5 years or more $4,233 per month
GRADE IV - POLICE CAPTAIN $4,499 per month
EFFECTIVE EFFECTIVE
10-01-99 (3%) 04-01-00 (1%)
GRADE I - POLICE OFFICER
Start to 1 year $2,610 per month $2,636 per month
1 year to 2 years $2,769 per month $2,797 per month
2 years to 3 years $2,856 per month $2,885 per month
3 years to 4 years $2,946 per month $2,975 per month
4 years to 5 years $3,031 per month $3,061 per month
5 years to 8 years $3,121 per month $3,152 per month
8 years to 10 years $3,183 per month $3,215 per month
10 years to 12 year $3,278 per month $3,311 per month
12 years to 15 years $3,344 per month $3,377 per month
15 years to 20 years $3,446 per month $3,480 per month
20 years or more $3,549 per month $3,584 per month
GRADE II - POLICE SERGEANT
0 to 5 years $3,749 per month $3,786 per month
5 years to 10 years $3,954 per month $3,994 per month
10 years or more $4,033 per month $4,073 per month
40
GRADE 111 - POLICE LIEUTENANT
0 to 5 years $4,275 per month $4,318 per month
5 years or more $4,360 per month $4,404 per month
GRADE IV - POLICE CAPTAIN
0 to 5 years $4,634 per month $4,680 per month
5 years or more $4,727 per month $4,774 per month
41