HomeMy WebLinkAboutRES 88-019 9 �
ITEM
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to amend
the labor union contract for the years 1986 through 1988 between
the City of Beaumont and the Beaumont Police Officer' s
Association in substantially the form attached hereto as Exhibit
"A".
PASSED BY THE CI Y COUNCIL of the City of Beaumont this
the day of Y2 , 1988.
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TABLE OF- CONTENTS
PAGE
PREAMBLE. . . . . . . . . . . : . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
INTENT AND PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE I. RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
ARTICLE II. DISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
ARTICLE III. MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
ARTICLE IV. MAINTENANCE OF STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE V. NO STRIKE — NO LOCK—OUT. . . . . . . . . . . . . . . . . . . . . . . . . . . .4
ARTICLE VI. UNION REPRESENTATIVES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
ARTICLE VII. UNION BUSINESS LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
ARTICLE VIII. PAYROLL DEDUCTION OF DUES. . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE IX. GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
ARTICLE X. SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
ARTICLE XI. PROMOTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE XII. WORKING OUT OF CLASSIFICATION. . . . . . . . . . . . . . . . . . .17
ARTICLE XIII. LABOR RELATIONS COMMITTEE. . . . . . . . . . . . . . . . . . . . . . 18
ARTICLE XIV. HOURS OF DUTY AND WORK SCHEDULES. . . . . . . . . . . . . . . .20
ARTICLE XV. SHIFT EXCHANGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
ARTICLE XVI. CLOTHING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
ARTICLE XVII. LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
ARTICLE XVIII. HOLIDAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
o . . .27
ARTICLE XIX. WAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
ARTICLE XX. OVERTIME, CALL—BACK AND STAND—BY PAY, . . . . . . . . . . . .30
ARTICLE XXI. LONGEVITY PAY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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Exhibit "A"
PAGE
ARTICLE XXII. INSURANCE. . . . . .33
ARTICLE XXIII. GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . .35
ARTICLE XXIV. CIVIL SERVICE. . . . . . . .36
. . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE XXV. SELECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
ARTICLE XXVI. COPIES OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . .37
ARTICLE XXVII. SAVINGS CLAUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
ARTICLE XXVIII. STABILITY OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . .38
ARTICLE XXIX. POLICE OFFICER'S BILL OF RIGHTS. . . . . . . . . . . . . . . .38
ARTICLE XXX. IMPASSE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
ARTICLE XXXI. RETIREMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
ARTICLE XXXII. DURATION OF AGREEMENT. . . . . . . . . . . . . 44
. . . . . . . . . . . .
ADDENDUMA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .A-1
ADDENDUMB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-1
ADDENDUMC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0-1
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THE STATE OF TEXAS j
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 City 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.
ARTICLE I.
RECOGNITION
Section 1 . The Beaumont Police Officers Association,
hereinafter referred to as the UNION, having qualified for
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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, captains and majors
employed in uniformed and plainclothed forces of the Department.
Recognizing that legislative proposals relating to public
employee labor relations are under consideration at both State
and Federal levels, the EMPLOYER and the UNION agree that
membership in the bargaining unit will 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.
ARTICLE II. _
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
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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, creed, sex,
handicap or national origin.
ARTICLE III.
MANAGEMENT RIGHTS
Except as otherwise specifically provided herein, the
direction of the work force and the management of the City of
Beaumont, 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 to 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
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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 City
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 IV.
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 V.
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 City, and will cooperate with the EMPLOYER in preventing
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and/or halting any such action. EMPLOYER agrees that it will not
authorize, ratify,,_ dncourage, 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 invoke any remedies authorized by
Article 5154c-1 , Revised Civil Statutes of Texas, in the event of
any strike, work-stoppage, or slow-down.
ARTICLE VI.
UNION REPRESENTATIVES
Section 1 . A written list of union stewards and other
officers and representatives 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 five (5 ) stewards. The stewards and the UNION President or
the UNION 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 hearings, and
represent unit employees in formal disciplinary action
proceedings, provided that the steward or UNION President shall
request permission from his commanding officer. Permission may
be withheld by the commanding officer because of operating
requirements, but such permission may not be withheld for more
than twenty-four (24 ) hours except in emergencies.
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{
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 and Labor
Relations Committee members will be given reasonable time off to
attend Grievance Committee meetings and Labor Relations 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.
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 of Police.
ARTICLE VII.
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.
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Section 3. UNION officials, not to exceed three (3 ) ,
shall be granted time off without loss of pay or benefits to
attend the semi-annual CLEAT board meeting, not to exceed five
(5 ) working days per official per year.
ARTICLE VIII.
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 his employment, the
UNION will inform each new employee that he may voluntarily
execute an authorization of voluntary salary allotments for the
payments of dues, should he 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.
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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.
ARTICLE IX.
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 in the bargaining unit. Grievances may be filed by the
UNION, the EMPLOYER, or any bargaining unit employee. Management
agrees to allow the UNION grievance committee access to a
suitable location for grievance committee meetings.
Section 2 . Disciplinary Grievances.
A. Any member who is aggrieved because of his demotion
or suspension shall file a written report giving the nature and
details of the incident which led to his grievance with the
UNION' s grievance committee. The report must be submitted within
fifteen (15 ) calendar days of the date upon which the member knew
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or should have known of the occurrence giving rise to the
grievance.
B. Any member who is aggrieved because of his
termination shall file a written report giving the nature and
details of the incident which led to his grievance with the
office of the Chief of Police within fifteen ( 15) calendar days
of the date upon which the member 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 member and the
appropriate management official.
E. Any member who is aggrieved shall submit his
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 member, the
committee shall notify the member.
F. If the UNION agrees to represent the member, the
committee shall, within seven (7 ) calendar days, with or without
the physical presence of the aggrieved member, present written
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notice of the grievance to the office of the Chief of Police for
adjustment.
G. The Chief of Police 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 of Police rendered or should have rendered
his or her 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 member 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 his/her written decision.
J. If a member files a report with the UNION grievance
committee alleging a grievance arising out of this demotion or
suspension for disciplinary purposes, and if the committee finds
no grievance or the UNION refuses to represent the aggrieved
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member, the member may submit, his grievance through the
EMPLOYER' s grievance procedure then in existence for its general
employees. The decision of the City Manager shall be final.
This section shall be in effect only during the term of this
Agreement or any continuation thereof pursuant to Article XXXII
of this Agreement.
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
office of the Chief of Police 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 of Police shall render a written decision
within seven (7) calendar days of the date the UNION filed said
grievance with the Chief of Police.
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 of Police
rendered or should have rendered his/her 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.
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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 his/her 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:
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1 . He shall have no power to add to, subtract
from, or modify any of the terms of this Agreement.
2. He shall deal only with the grievance or
grievances which occasioned his appointment.
C. The decision of the arbitrator, if within the
scope of his 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. The employees agree that with the adoption of
this grievance procedure, they hereby relinquish their right to
appeal to the Civil Service Commission and to appeal from the
Civil Service Commission to the District Court for the resolution
of grievances as defined herein.
ARTICLE X.
SENIORITY
Section 1 . Police officers shall be considered to be
probationary for a period of twelve ( 12 ) consecutive months from
completion of the basic police training academy or upon
commissioning if the employee does not attend such academy. The
Police 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 his reasons. During the
probationary period, an employee may be dismissed for any reason,
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1
without recourse to the grievance procedure. At the completion
of the probationary period, continuous service for purposes of
seniority shall date from the first day of employment as a
commissioned police officer. 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. All other factors being equal, seniority
shall be the determining factor in vacation leave, splitting of
vacations, days off, lay off, recall and promotions. The Chief
of Police shall determine which officers will attend the training
schools. Shift assignments shall be made in accordance with
Addendum A of this contract. It is hereby understood and agreed
that Addendum A may be changed, altered or modified- by mutual
agreement of both EMPLOYER and UNION without reopening
negotiations on entire contract provision.
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.
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ARTICLE XI.
PROMOTIONS
Section 1 . All promotions shall be made in accordance
with Article 1269m, Section 14, of Vernon' s Civil Statutes of the
State of Texas and shall be made as soon as possible after the
vacancy occurs. Written promotional examinations shall be given
within ninety (90 ) days of the effective date of the vacancy.
Promotions from the resulting eligibility list shall be made as
soon as possible after the eligibility list has been certified.
Section 2. All promotional examinations shall be open
to all officers 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. The effective
date of vacancy shall be the last day worked 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; and
f. Beaumont City ordinances and rules and regulations.
Section 4. Test material for Grade II police sergeant
promotional examinations shall also include four outside sources
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F t
of reading materials that pertain to the duties of police
officers in Grade -II.
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
current volume of outside sources of reading material.
Section 6 . Test material for Grade III police
lieutenant and 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 above-mentioned shall expire one ( 1 )
year from the date of the examination.
Section 8. The parties agree to actively pursue the
establishment of alternate methods of promotional testing for the
classifications of lieutenant and captain. Said testing shall
include, but not be limited to, assessment centers, subjective
testing and objective testing. Any agreed upon promotional
system for such classifications shall be affixed to the Agreement
as an addendum. The amendment may replace or modify current
civil service promotional methods pursuant to Article 1269m. In
the event a vacancy occurs in one of the classifications after
the date of the signing of this Agreement and the parties have
not reached agreement on the alternate promotional system, said
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parties agree to extend the ninety ( 90 ) days as prescribed by
this Agreement. Should the parties not reach agreement upon the
expiration of the ninety ( 90 ) day extension, the City shall
administer a civil service promotional examination pursuant to
Article 1269m.
Section 9. The Chief of Police may appoint from the
staff of the Beaumont Police Department, at his sole discretion,
four ( 4 ) positions above the rank of captain. Those appointed
shall serve at the pleasure of the Chief of Police and may be
demoted to their previously held civil service rank without
cause. In no event, shall any demoted appointee cause another
member of the bargaining unit to be demoted because of their
returning to a civil service position. The City shall authorize
additional staffing positions in order to avoid such "bumping; "
however, the City may reduce the extra staffing positions later
by attrition in order to return to the previous authorized number
of positions.
ARTICLE XII.
WORKING OUT OF CLASSIFICATION
Any member of the bargaining unit below the rank of
lieutenant who is required to fill a position in the higher
classification temporarily shall be paid the base salary of such
higher position during the time he performs the duties thereof.
An officer at the rank of lieutenant or above who is
required to fill a position in a higher classification
temporarily must work a minimum of eight (8) consecutive hours in
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the higher classification in ord-er to be paid the base salary of
such higher position.
ARTICLE XIII.
LABOR RELATIONS COMMITTEE
Section 1 . It is the desire of the EMPLOYER and the
UNION to maintain sound and harmonious labor relations and to
maintain the high standards of safety and health in the Police
Department in order to eliminate, as much as possible, accidents,
deaths, injuries and illness in the police service. The Labor
Relations Committee shall discuss the working conditions of
employees, including, but not limited to, safety and
specifications for equipment, disciplinary policies, departmental
policies and procedures, and other areas of common employee
interest.
Section 2. Protective devices, wearing apparel and
other equipment necessary to properly protect police officers
shall be provided by the EMPLOYER. These devices, apparel and
equipment shall be inspected by the Labor Relations Committee on
a periodic basis to insure proper maintenance and replacement.
Section 3 . The EMPLOYER and the UNION shall each
appoint two (2 ) members to the Labor Relations Committee. This
committee will meet at a time and place mutually agreeable to the
parties. The joint Labor Relations Committee shall cooperate
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with and coordinate its activities with the safety department of
the EMPLOYER. - The committee shall have input in the annual
budget process. The committee can discuss any matters of general
interest to members of the Police Department.
Section 4. Labor Relations Committee members will be
granted time off with pay when meeting jointly with management,
and for any inspection or investigation of safety or health
problems in the Police Department.
Section 5. The EMPLOYER shall not restrict the Labor
Relations Committee members from any Police Department facility
when investigating health and safety conditions.
Section 6. The committee will be guided by, but not
limited to, the following principles:
A. Review investigations into each accident, death or
injury to determine the fundamental causes.
B. Develop data to indicate accident sources and
injury rates. Develop uniform reporting procedures.
C. Inspect Police Department facilities to detect
hazardous physical conditions or unsafe work methods, including
training procedures. Recommend changes or additions to
protective equipment, protective apparel or devices for the
elimination of hazards of police duty.
D. Promote safety and first aid training for committee
members and police officers.
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A q,
E. Participate in advertising safety and in selling
the safety program -to the employees through department meetings.
Section 7. In line with the goals listed above, the
committee shall:
A. Make joint quarterly inspections of the Police
Department facilities.
B. Make recommendations for the elimination of unsafe
or harmful work conditions. All recommendations shall include a
target date for abatement of hazardous conditions.
C. Review and analyze all reports of accidents,
deaths, injuries and illnesses. Investigate causes and recommend
rules and procedures for the promotion of health and safety of
Police officers.
D. Keep minutes of all joint committee meetings and a
written report shall be prepared for review at the next committee
meeting. A record shall be kept of accidents, injuries and
illnesses and shall be maintained by the EMPLOYER and made
available on request to the Labor Relations Committee.
Section 8. In concurrence with the Safety Program
established herein and in the best interest of the Department and
to promote the safety of the members, patrol cars shall be manned
by two (2) officers during periods of high criminal activity and
in high crime areas. Whenever one (1 ) man units are in use, the
City will use its best efforts to maintain sufficient staffing to
provide for officers ' safety.
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I i
ARTICLE XIV.
HOURS OF DUTY AND WORK SCHEDULES
Work schedules and hours of work for the Beaumont
Police Department during the term of this Agreement shall be
those in effect on the date that this agreement is signed by the
parties hereto. The Chief of Police may alter the hours of duty
and work schedule if he notifies the UNION in writing at least
ninety ( 90 ) days prior to the proposed change. Hours of duty and
work schedule may be altered without the ninety ( 90 ) day notice
requirement by mutual agreement between the EMPLOYER and the
UNION. In the event of emergency, hours of duty and work
schedule may be altered at the sole discretion of the Chief of
Police.
ARTICLE XV.
SHIFT EXCHANGE
Section 1 . No UNION member 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 does not apply to probationary
employees.
Section 4. This article is not intended to curtail the
right of staff officers to change the shifts of individual
21 -
officers insofar as it involves matters of individual work
performance.
Section 5. Recognizing that district assignments may
require the assessment of a number of factors which may vary
depending upon the particular district involved, management
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, he may file an information 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 City Manager for his 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 to all staff
officers from the Department Manager in the division where the
vacancy exists. Each such staff officer will make a reasonable
effort to assure that all officers under his command, whowo are
eligible for the vacant position, are aware of the vacancy.
Officers who are interested in said vacant position may contact
22 -
any or all staff officers in the chain of command above the
vacant position. ..This contact may- be in writing or in person. A
reasonable amount of time will be allowed for officers to make
application before the vacancy is filled. Skills, knowledge,
abilities, training, previous experience and seniority shall be
considered by management. Although not subject to the grievance
procedure, should an officer 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 City Manager for his
review and information.
ARTICLE XVI.
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 members of the Department
shall be furnished without cost to the members by the EMPLOYER.
Section 2. If the EMPLOYER orders officers to purchase
leather gear different from what they are wearing as of the
execution of this Agreement, the EMPLOYER shall reimburse the
officer or supply the leather gear. New employees hired after
January 1 , 1985, shall be instructed as to the departmental rules
on leather gear and shall not be reimbursed for purchasing
unauthorized leather gear.
- 23 -
Section 3. The EMPLOYER shall repair or replace all
uniforms and reasonable personal equipment of the members of the
Department lost or damaged in the line of duty.
Section 4. Each plainclothes member of the bargaining
unit shall receive a clothing allowance of four hundred fifty
dollars ($450.00 ) per year.
Section 5. Each member of the bargaining unit shall
receive a clothing maintenance allowance of twenty dollars
($20.00 ) per month effective July 1 , 1984.
ARTICLE XVII.
LEAVE
Section 1 . Vacation.
A. Full-time regular employees employed prior to
January 1 , 1984, shall earn vacation in accordance with the
following schedule:
Years of Earned Hours Pay
Service Per Period
1 - 5 4
5 - 8 4.5
8 - 11 5
11 - 14 5.5
14 - 17 6
17 - 20 6 .5
20 - 23 7
23 - 26 7.5
26 - 29 8
29 - 32 8.5
32 - 35 9
Over 35 9.5
*Not to exceed 240 hours annually
Employees hired after January 1 , 1984, shall earn two
(2 ) weeks vacation per year. After five (5 ) years of service,
- 24 -
such employees shall earn vacation in accordance with the above
schedule. The- monetary savings from this schedule shall be
reviewed annually and shall be included in the terms of the
annual agreement.
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 a
member may be absent from work for vacation, only those calendar
days during which the member would be required to work if he were
not on vacation shall be counted as vacation days.
D. Any member of the Department with more than one ( 1 )
year' s service as a commissioned police officer 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 City. Thereafter,
upon proper approval, those hours which have been earned may be
used.
F. No member of the unit with more than five (5 ) years
of service or hired prior to January 1 , 1984 , who is employed a
25 -
o
full calendar year shall earn fewer than one hundred twenty (120 )
hours vacation leave in that calendar year.
Section 2. Sick Leave.
A. Members of the Department shall be allowed one and
one-quarter (1 -1 /4) days of sick leave for each month of service
during the fiscal year.
B. Any member incurring a non-duty sickness or
disability shall receive sick leave with full pay.
C. Each member of the Department 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 or
reduced pay.
E. In the event that a police officer with two (2 ) or
more years of service for any reason leaves the classified
service, he shall receive, in a lump sum °payment, the full amount
of his salary for the period of his accumulated sick leave,
provided that such payment shall not be based upon more than
ninety ( 90 ) working days of accumulated sick leave.
- 26 -
Section 3. Death in Family Leave.
In the event of a death in the immediate family of an
employee covered by this Agreement, 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, and any domiciliary residing in the residence of
the member.
Section 4. Leave Without Pay.
Each employee covered by the terms of this Agreement
may be allowed a leave of absence without pay up to thirty (30 )
days with permission of the Chief of Police.
Section 5. Personal Leave.
Employees covered by this Agreement 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 his 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.
ARTICLE XVIII.
HOLIDAYS
Section 1 . The following holidays are those which
shall be recognized and observed:
27 -
New Year' s Day Labor Day
Good Friday Thanksgiving Day
Easter Sunday 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 Police Chief or his designee.
Holiday pay is defined as eight (8) hours pay at the
member ' s hourly rate of pay.
Section 2. Any member in the bargaining unit who works
on a holiday in his regular tour of duty shall be paid a premium
rate of twice his regular rate of pay in addition to his holiday
pay.
Section 3. Any member in the bargaining unit who is
required to work on a holiday not within his regular tour of duty
shall be paid at the time and one-half rate for that day in
addition to his regular pay and in addition to the holiday pay.
Section 4. If any holiday specified in Article XVIII,
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 day off with pay or eight (8 ) hours pay in
addition to his regular pay. If a holiday specified in Article
XVII 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 of Police may designate which
employees are essential and adjust work schedules during holidays
28 -
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 XIX.
WAGES
Section 1 . Wages and Rates of Pay:
Effective the first pay
period after October 1 ,
1987 , for one ( 1 ) year
GRADE I - POLICE OFFICER
Start to 1 year $1 ,796 per month
1 year to 2 years 1 , 906 per month
2 years to 3 years 1 , 967 per month
3 years to 4 years 2 ,028 per month
4 years to 5 years 2,088
5 years or more � per month
2, 150 per month
GRADE II - POLICE SERGEANT
0 to 5 years $2,271 per month
5 years or more 2,394 per month
GRADE III - POLICE LIEUTENANT $2,589 per month
GRADE IV - POLICE CAPTAIN $2,808 per month
GRADE V - POLICE MAJOR $3 ,040 per month
Effective October 1 , 1987, the above rates of pay
reflect an increase of sixty dollars ($60.00 ) per month applied
across the board.
Section 2. Education and Incentive Pay.
In addition to the wage rates established by this
Agreement, the EMPLOYER shall pay premium pay as follows for the
following:
29 -
t g
1 . To the holder of an intermediate
certificate issued by the Texas
Law -Enforcement Commission on
standards and education. $25.00 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
$25.00 per month as the holder of
an intermediate certificate) . $50. 00 per mo.
3. 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. ) $10 .00 per mo.
4. Licensed polygraph examiner (if
actively engaged during the term
of this Agreement as a polygraph
operator) . $25 . 00 per mo.
5. Any employee qualifying as an
expert latent fingerprint witness
and who is currently assigned to
the identification bureau. $20 .00 per mo.
6. Field training officers $25.00 per mo.
7. Bilingual officer (must pass
proficiency certification and
recertify every two [21 years)
a. Spanish $25.00 per mo.
b. Vietnamese $50 .00 per mo.
ARTICLE XX.
OVERTIME, CALL-BACK AND STAND-BY PAY
Section 1 . "Hourly rate of pay" shall be an employee ' s
annual salary divided by 2080 hours.
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Section 2. Overtime Pay.
A. All work performed by a member of the Department 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 officer' s regular rate in salary or compensatory
time as is now the practice. Excused absences with pay shall be
deemed as days worked.
B. Any member of the bargaining unit of the Department
called to duty on his regularly scheduled day off shall be
compensated for a minimum of eight (8) hours at time and one-half
the employee' s regularly hourly rate of compensation, providing
the employee remains on duty for eight (8) hours.
C. No schedules, tours of duty or days off shall be
changed in order specifically to avoid the payment of overtime.
D. If an employee performed police duties on his
off-duty hours, he shall be 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
expenses incurred in performing such duty. 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 a policeman' s off-duty
time.
Section 3 . Call Back Pay. All members of the
Department covered by the terms of this Agreement who are called
31 -
back to work from off-duty shall be paid at least four ( 4 ) hours
minimum one and one-half times the basic rate of pay, provided
the employee remains on duty the full four ( 4 ) hours.
Section 4. Stand-by Pay. When a member is on
officially designated stand-by duty and such designation is made
at least forty-eight ( 48 ) hours prior the the commencement of
that duty, the member shall receive one 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 member shall receive two (2 ) hours
of straight pay for eight (8 ) hours of duty or any fraction
thereof.
Section 5. Court Time. Any officer on duty at night,
or on vacation, or on a day off who attends as a witness or in
any other capacity in the performance of his 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 an
overtime compensation at the rate of a two (2 ) hour minimum at a
time and one-half rate and time and one-half thereafter.
32 -
On those occasions when officers are scheduled to work
between the hours _ of 3:00 p.m. to 8 :00 a.m. , and they are in
Court the same day, they may, with the permission of their shift
commander, notify the Department that they are waiving their
court pay but not going to work that night shift. Conversely,
they may choose to accept the court pay and report for work. This
provision shall not apply to those officers who attend court
during their regularly scheduled work hours.
ARTICLE XXI.
LONGEVITY PAY
In addition to all other monies paid for services
rendered, the EMPLOYER agrees to pay each employee covered by
this agreement 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 XXII.
INSURANCE
Section 1 . Effective October 1 , 1987, the EMPLOYER
shall provide all employees with $22 ,500 of life insurance
coverage.
Section 2. Liability Insurance. The EMPLOYER shall
not reduce during the term of this agreement liability insurance
as is presently afforded members of the Department. In the event
that members of the Department are not covered by liability
insurance when driving prisoners ' vehicles, the EMPLOYER will not
require members to drive such vehicles.
- 33 -
Section 3. Health Insurance. The EMPLOYER will
furnish accident and health insurance coverage for employees and
dependents with minimum benefits the same as those in effect on
November 1 , 1984 . No employee contributions to the cost of
providing such plan shall be required. The employees and
dependents shall participate in second opinion elective surgery
as provided by Hartford Insurance Company. -
Section 4. 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 Fourteen
and 90/100 Dollars ( $14. 90 ) . If the employee elects to add his
dependents to the dental insurance, the EMPLOYER shall pay a
maximum monthly cost of Thirty-two and 90/100 Dollars ( $32. 90 )
for both the employee and his 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 his family, a blood insurance plan
that covers the employee and his family, and an income protection
plan for the employee in the event of accident or injury.
The trust document and plan benefits are attached as
Addendum B.
The UNION shall indemnify, defend and hold harmless the
EMPLOYER from any claim or cause of action brought by any
- 34 -
employee or affected family member resulting from the operation
of this Section.
The insurance coverage shall commence on February 1 ,
1985 , and the EMPLOYER shall make payments to the CLEAT Benefit
Plan and Trust on or before the first day of each month.
Section 5. Pilot Health Insurance Program.
A. The EMPLOYER and the UNION agree to continue the
Pilot health insurance program established for retired and
disabled police officers during the term of this Agreement.
B. The terms of said pilot health insurance program
shall be those terms and conditions implemented on April 1 , 1984,
and mutually agreed to by the UNION and EMPLOYER by written
agreement hereto attached as Addendum C and incorporated into
this Agreement. Provider to be Hartford Insurance Company.
ARTICLE XXIII.
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;
- 35 -
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 of Police may permit other
material not provided for above in his 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 covered by
this Agreement required to use their private automobiles for duly
authorized Police Department business shall be compensated at the
current City 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 of the bargaining unit;
each employee must be a legal resident of the United States and
reside within its boundaries.
ARTICLE XXIV.
CIVIL SERVICE
In the event that any provision of this Agreement
conflicts or is inconsistent with any provision of Article 1269m,
Revised Civil Statutes of Texas, this Agreement shall prevail
notwithstanding any such provision of Article 1269m. It is
- 36 -
understood by the parties hereto that Section 15 of Article 1269m
relating to civil -service rights of the Chief of .Police
(including a former Chief of Police who may be reduced to
Assistant Chief of Police during the term of this Agreement)
shall in no way be affected by the terms of this Agreement.
ARTICLE XXV.
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 Article 1269m.
ARTICLE XXVI.
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 XXVII.
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
- 37 -
shall negotiate immediately for a satisfactory replacement for
any such provision.
ARTICLE XXVIII.
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 XXIX.
POLICE OFFICERS ' BILL OF RIGHTS
In the event of citizen complaints concerning the
conduct of a police officer, this Bill of Rights shall serve as
the basic guideline to offer protection to the police officer.
Every police officer 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.
38 -
B. The interrogation should take place at the Beaumont
Police Department when possible.
C. The police officer under interrogation shall be
informed of the names of the persons present during
interrogation.
D. All questions directed to the officer 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 police officer 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 of Police or his designee may employ as
an investigative aid a polygraph examination from licensed
polygraph examiners who are not employed by the City 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 officer 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 officer being
ordered to take a polygraph examination shall be so advised.
39 -
This Agreement shall not preclude the admission of such
information as evidence in a disciplinary proceeding.
H. The Chief of Police or his designee shall use the
polygraph examination in a fair and reasonable manner.
I. The refusal of the police officer to answer all
questions fully and truthfully and to submit reports shall be
grounds for disciplinary action.
Section 2. Disclosure.
No police officer shall be required or requested to
disclose any item of his 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 of Police or his designee from requiring that police
officers submit requests for approval of off-duty employment.
Section 3. Rules and Regulations.
If the investigation or interrogation of the police
officer results in any disciplinary action, the City shall follow
the Beaumont Police Department ' s Rules and Regulations.
ARTICLE XXX.
IMPASSE PROCEDURE
Section 1 . In the event that an impasse, as defined in
Section 9, Article 5154c-1 , Texas Revised Civil Statutes
Annotated (herein referred to as the "Act" ) , is reached in the
collective bargaining process after submission of the unresolved
issues to mediation under Section 9 (c) of the Act, either party
- 40 -
to the dispute, after written notice to the other party
containing specifications of the issues in dispute, may request
appointment of a factfinder as provided herein; provided,
however, a party shall not request a factfinding more than once
during any fiscal year. Prior to invoking factfinding, the
parties shall make every reasonable effort to settle their
differences. The request for factfinding 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 factfinding panel shall be
appointed in the manner provided in Section 11 of the Act for an
arbitration panel.
Section 2. The parties shall enter into a written
agreement specifying the issues to be submitted to factfinding.
Each party may submit an unlimited number of issues to the
factfinding 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. Noneconomic issues may be submitted
separately. Each party shall submit in writing to the
factfinders its position on each issue at or prior to the
hearing.
Section 3. The factfinding panel shall, acting through
its chairman, call a hearing to be held within a reasonable time
after his appointment, and shall give the parties at least
41 -
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 1980
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.
42 -
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.
Section 5. The fee and expenses, including
stenographic charges, of the neutral factfinder 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
factfinder 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 factfinding 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 ) noneconomic
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 City of
conducting the referendum shall be borne on a pro rata basis
43 -
based on issues by the party or parties requesting that the
issues be submitted to referendum. 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 factfinding 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 XXXI.
RETIREMENT.
Effective January 1 , 1985, the matching retirement
contributions made by the City shall become vested for all police
officers who have completed ten (10 ) years of creditable service
as an employee of the City.
ARTICLE XXXII.
DURATION OF AGREEMENT.
This Agreement shall be effective on October 1 , 1986,
and shall remain in full force and effect until the 30th day of
September, 1988. This Agreement shall continue in effect after
September 30 , 1988, 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 , 1989. During
the second year of the contract term, the UNION and EMPLOYER
agree to reopen this Agreement on the subjects of Article XIX,
- 44 -
Wages; Article XXII, Insurance; and a new article on Residency
Requirements. e
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
45 -
ADDENDUM A
It is recognized- that management has the right to
ensure that -junior officers (0-5 years) are- balanced among the
three (3) shifts in order to preclude an imbalance on one or two
shifts, and to ensure proper training and familiarity with the
City as a whole. Should it become necessary to limit the number
of senior officers (over 5 years) on any specific shift, said
limitations shall be made by seniority. The past practice of
shift assignments will continue to occur once a year during the
month of January. This provision does not preclude management
from making adjustments to accommodate promotions, terminations,
layoffs, or elimination of major divisions within the Department.
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ADDENDUM B
CLEAT BENEFIT PLAN do TRUST
TRUST INSTRUMENT
Combined Law Enforcement
Associations of Texas
December, 1954
B James 1�'. Nash .C.
G
525 American General Tower
2727 Allen Parkway
Houston, Texas 77019
(713) 529-2000
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CLEAT BENEFIT PLAN & TRUST
TRUST INSTRUMENT
ARTICLE I. CREATION OF THE TRUST
This Trust is hereby established and adopted by the Board of Directors of the
Plan Sponsor for the purpose of creating a trust solely for the benefit of members,
dependents, or designated beneficiaries, and is intended to qualify under section
501(c)(9) of the Internal Revenue Code of 1954, and is voluntarily subject to Title I
Parts 1 and 4, of the Employee Retirement Income Security Act of 1974. Its
purpose is to provide certain benefits. Furthermore, the trust created hereby shall
serve as a "voluntary employees beneficiary association" as such term is used in
such section 501(c)(9). It is specifically provided, however, that no part of the net
earnings of the trust may inure to the benefit of any private shareholder or
individual other than through the payment of benefits provided for herein.
ARTICLE 11. DEFINITIONS
2.01 Administrator shall mean the Plan Sponsor.
2.02 Benefits shall mean those benefits covered in the Schedule of Benefits
applicable hereto.
2.03 Contract Administrator shall mean Employer Plan Services Inc.,
other person or entity as the Plan Sponsor shall appoint. ' or such
2.04 Effective Date shall mean December 1, 1984.
2.05 Laws and Regulations shall mean the Internal Revenue Code of 1954
the
Employee Retirement Income Security Act of 1974) as amended and including
regulations thereunder, or any other applicable laws, ordinances, rules or any
regula-
tions.
re gula-
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2.06 Member_ sl- mean a Participant in the Plan provided in. the Plan
instrument.
2.07 Plan shall mean that Plan of benefits created simultaneously herewith in
connection with which contributions are made to this Trust.
2.08 Plan Sponsor shall mean Combined Law Enforcement Association of
Texas, or any other entity which shall hereafter adopt this Trust in accordance
with Article IX hereof.
2.09 Policy shall mean any of those insurance policies or contracts, whether
individual or group, which provide benefits under this Trust.
2.10 Trust shall mean the trust created hereby.
2.11 Trust Fund shall mean the Trust estate created by this Agreement and
the Trust assets therein, including all bank accounts, saving accounts or certifi-
cates, all investments made and held by the Trustees, and all monies and any other
property received and held by the Trustees for the uses and purposes set forth in
this Agreement.
2.12 Trustee(s) shall mean Ronald G. DeLord, John Guerrero, and James
Willborn, or such other person or entity appointed as Trustee hereunder by action
of the Directors of the Plan Sponsor.
ARTICLE III. PURPOSES OF THE TRUST
3.01 Purposes. The-Trust and the Fund are created and shall be used for the
purpose of providing and maintaining certain benefits as may be .determined from
time to time by the Trustees for the benefit of the Members and for the families or
the dependents of such Members.
3.02 Other Uses of Funds. The Trustees may also use and apply the Trust
Fund for the following purposes;
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(a) To pay or ,ide for the payment of all r able and necessary
expenses of collecting the contribution's and administering the affairs of the Trust
Fund- including, without limitation, all expenses which may be incurred in con-
nection with the establishment and administration of the Trust Fund, the employ-
ment of such administrative, legal, accounting, other expert and clerical assist-
ance, the purchase or lease of such materials, supplies and equipment as the
Trustees, in their discretion, deem necessary or appropriate in the performance of
their duties;
(b) To establish and accumulate as part of the Trust Fund an adequate
reserve to carry out the purposes of the Trust;
(c) To pay any federal, state, or local tax which may be properly imposed
on or levied against the Trust Fund or benefits paid therefrom, and;
(d) To pay for any bond deemed necessary and to pay the premiums on any
insurance purchased by the Trustees to protect the Trust Fund from contingent
liabilities and catastrophic claims.
ARTICLE IV. PAYMENTS TO THE TRUST
4.01 Contributions shall be made to the Trust by the Members in such
amounts and at such time as may be determined by the Plan Sponsor and its agents.
Such contributions shall be equal to the amounts required for the provision of the
benefits specified in the Plan and elected by the Plan Sponsor. The Trustee hereby
declares that it will receive and holdall contributions solely for the purposes set
forth in this agreement.
ARTICLE V. POWERS OF THE TRUSTEES
5.01 Powers and Duties. The Trustees shall receive, hold, and manage the
assets of the Plan for such purposes as provided herein. Subject to the direction of
the Plan Sponsor, the Trustee is hereby authorized and empowered:
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(a) To invest -re-invest the Trust Assets -In, personal, or mixed
property including but not limited to securities of domestic and foreign corpora-
tions and investment trusts, bonds, preferred stocks, common stocks, mortgages,
mortgage participations, interests in any common trust fund or commingled
employee benefit fund to the extent allowed under applicable Laws and Regula-
tions, exercising complete discretion in converting realty into personalty or
personalty into realty.
(b) To invest in land, whether improved or unimproved, and improve any
such land in any manner determined to be feasible and prudent. To lease real,
personal, or mixed property on such terms as the Trustee shall deem proper,
including the power to make leases that may extend beyond any time in which
Trust termination may be necessary by such Plan Sponsor; and to foreclose, extend,
renew, assign, release, partially release, and discharge mortgages or other liens.
(c) To invest in bonds, stocks, secured notes, or similar securities.
(d) To make investments of types other than as specified herein.
(e) To make distributions to or for the benefit of a Member, or of their
beneficiaries.
(f) To purchase insurance contracts.
(g) To sell, exchange, give options upon, partition, convey, or otherwise
dispose of, with or without covenants, including covenants of warranty of title, any
property at public or private sale or otherwise, for cash or other consideration or
on credit, and upon such terms-and conditions and for such consideration as the
Trustee shall consider advisable, and to transfer the same free of all trusts.
(h) To acquire property returning no income or slight income, and to retain
any such property.
G) To vote, in person or by proxy, any stocks or other properties having
voting rights, to execute any options, rights, or privileges pertaining to any
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property; to participate in any merger, reorganization, c?nyolidation affecting
any part of the Trust assets and in connection therewith to- take any action which
an individual could take with respect to property owned outright by such individual,
including-the payment of expenses or assessments, the deposit of stock or property
with a protective committee, the acceptance or retention of new securities or
property and the payment of such amounts of money as may seem advisable in
Connection therewith; and to hold any item constituting a part of the Trust assets
for any length of time in the name of a nominee or nominees without mention of
the Trust or any instrument of ownership.
(j) To execute and deliver oil, gas, and other mineral leases, containing
such unitization, pooling, and recycling agreements and other provisions as the
Administrator may deem proper; to execute mineral and royalty conveyances; to
purchase leases, royalties, and any type of mineral interest; and to execute and
deliver drilling contracts or other contracts or options and other instruments which
the Trustee may consider necessary or desirable in connection with oil, gas, or
other mining interests.
(k) To exercise all other powers granted to trustees by the laws of the
State of Texas not in conflict with the provisions hereof.
(1) To do any and all things necessary and proper, including the execution
of any other instruments which may be required to fully and completely accomplish
any of the powers herein conferred.
5.02 Assets meld. The title .?o all assets held in the Trust shall be vested
exclusively in the Trustees. Contributions by Members hereunder shall in no
manner be liable for or subject to the Members debts or liabilities, nor otherwise
considered as an asset of the Member in the event of his divorce, insolvency, or
bankruptcy. Neither the Trust nor any contributions referred to herein shall be
subject to anticipation, alienation, sale, transfer, assignment, pledge, encum-
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brance, or charge by J5 _Flan Sponsor or by any of its pav r-ating Members. The
right of any Member-or beneficiary to any benefit or any payment hereunder or to
any separate account under this trust shall not be subject to any manner of
alienation, assignment, anticipation, sale, transfer, pledge, encumbrance, charge,
garnishment, execution, or levy of any kind, either voluntary or involuntary.
5.03 "Situs. This Trust Agreement is accepted by the Trustee in the State of
Texas, wherein the Trustee maintains its principal offices, and this Trust agree-
ment and each of its provisions and all questions arising with respect to interpreta-
tion and validity thereof shall be construed, governed, controlled and determined
by the laws of the State of Texas.
5.04 Disbursements. Funds received by the Trustee shall be disbursed for the
following purposes:
(a) To provide the benefits specified in the Schedule of Benefits.
(b) To provide for the payment of all premiums for insurance procured by
the Trustee pursuant hereto.
(c) To pay (1) all reasonable charges not payable directly by the Plan
Sponsor of any corporate Trustee; (2) all reasonable and necessary expenses
incident to the administration of the Trust, including the employment of legal
counsel, auditors, clerical personnel, administrative personnel, and other third
parties.
(d) To purchase fidelity bonds issued by a reputable insurance company in
-amounts determined by the Trustee for each Trustee and for each other persor,
authorized to handle monies held in the Trust.
5.05 Compensation and Expenses of Trustee. No compensation &hail be paid
to any individual Trustee, but any corporation which acts as a Trustee hereunder
shall be entitled to such fees for its services, payable from the amounts paid
hereunder, in such reasonable amount as may be agreed upon from time to time
between the parties.
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5.06 Exori� _No Trustee shall be personally V `I= for any obligation of
_ the Trust or incurred by the Trustee. a A third party dealing with the Trustee may
conclusively presume that any exercise of powers by the Trustee is in accordance
with the .provisions of the Agreement. No third party dealing with the Trustee
shall be obliged to take cognizance of the provisions of this Agreement, nor to
inquire into the necessity or expediency of any action of the Trustee, nor to see the
application of any monies or properties by the Trustee. The responsibility of a
third party shall be limited to the terms of its agreements with the Trustee.
ARTICLE VI. RESIGNATION OR REMOVAL OF TRUSTEES
6.01 Each Trustee shall continue to serve as such until his death, incapacity,
resignation, or removal as herein provided.
6.02 A Trustee may resign and become and remain fully discharged from any
and all further duties and responsibilities hereunder by giving at least thirty (30)
days prior written notice to the Plan Sponsor stating the effective date of such
resignation, or such shorter notice as the Plan Sponsor may accept as sufficient.
Such resignation shall take effect on the date specified therein unless a successor
Trustee shall have been appointed at an earlier date, in which event such
resignation shall take effect immediately unpon the appointment of such successor
Trustee.
6.03 Any Trustee may be removed by the Plan Sponsor at any time by the
-Plan Sponsor's prior written notice staling the effective date of such termination
or removal, in which event such removed Trustee shall become and remain fully
discharged from all further duty or responsibility hereunder after the effective
date of such removal.
6.04 In the event of the death, incapacity, resignation, or removal of any
Trustee, a successor Trustee shall promptly be appointed by the Plan Sponsor, who
$-a
shall give the remai Trustees notice of such apppoin During the interim
period prior to appointment of a successor Trustee as hereinabove provided, the
remaining Trustees or Trustee shall have full power to act under this Agreement.
Furthermore, the Plan Sponsor may in its sole discretion fail to appoint a successor
Trustee, in which event the remaining Trustees shall have full power to act
hereunder. Any successor Trustee shall immediately, upon his appointment as a
successor Trustee and his acceptance of same in writing filed with the Plan Sponsor
and the remaining Trustees, become vested with all of the property, rights, powers
and duties of a Trustee with like effect as if originally named a Trustee hereunder.
ARTICLE VII. CONTRACT ADMINISTRATOR
The Plan may be administered in its day-to-day operations by a Contract
Administrator appointed by the Trustees. If such Contract Administrator is
appointed, the Trustees shall enter into and execute an agreement therewith
containing such terms and conditions relating to the responsibilities and duties
thereof, its compensation, and such other matters, as the Trustees shall deem
appropriate. Such Agreement may provide that the Contract Administrator shall
perform any of the following services on direction of the Plan Sponsor:
(a) To administer the Trust Fund and the day-today business in connection
therewith;
(b) To execute all documents, other than those relating to investments,
necessary to operate the Trust Fund, in the name of the Trustees and the Plan;
(c) To receive, acknowledge, verify, and pay claims for benefits under the
Plan;
(d) To establish procedures for Plan Sponsor and Participant Contributions
and the manner or presentment of claims for benefits,
(e) To make provisions for and honor any assignment of benefits due any
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Participant to any licensed medical practitioner or" hospital providing medical
services to or on behalf of such Member;
(f) To render statements at least monthly to the Trustees describing
clisburtsement_s,_receipts, and fees of the Administrator with respect to the Trust
Fund;
(g) To assist under the supervision of the Trustees in the preparation and
Mine of"reports,. returns, or other documents required by any governmental agency
or authority;
(h) To provide or obtain the consulting and actuarial services necessary for
the continued successful operation of the Plan;
(i) To prepare and provide on a continuing basis all forms necessary to the
administration of the Plan and descriptive booklets for distribution among Mem-
bers, and;
(j) To obtain and maintain any bond deemed necessary.
ARTICLE VIII. AMENDMENT AND TERMINATION OF THE AGREEMENT
8.01 Amendment or Termination. The parties to this Agreement contemplate
that the Trust will continue in effect indefinitely. However, should the at any time
determine that the purposes for which this Trust Agreement has been executed
may be effectuated more properly by an amendment to or termination of this
Agreement, the Plan Sponsor shall be empowered-:with the right at any time and
from time to time to amend in whole or in part any or all of the provisions of this
Trust Agreement. Provided, however, no such amendment shall authorize or
permit any part of the Trust to be used for, or diverted to, purposes other than for
the provisions of benefits to Participants and their beneficiaries.
8.02 Excess Funds. Should any surplus monies be held by the Trustee upon the
termination of this Trust, the Trustee shall pay such monies over to the partici-
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pants on a fair and . --sable basis; provided, that if-
- - are no 'participating
participants at such time such -monies-shall be, in the discretion of the Trustee,
distributed to the participants participating during the year preceding such
termination, their heirs, executors, -administrators, or assigns; provided such
amounts may, in the sole discretion of the Trustee, be distributed to the closest
relatives ascertainable by the Trustee by written inquiry and in such amounts as
appear consistent with the laws of estate administration and of descent and
distribution which appear applicable; and such payment shall fully discharge the
Trustee.
ARTICLE IX. ADOPTION BY SIGNATORIES
Any business entity or other organization may adopt this Trust, and the Plan of
benefits connected therewith, upon written consent of the Trustee hereof. All
references in the Trust or Plan instruments to the Plan Sponsor shall in such event
apply to such organization, and contributions therefrom shall be held by the
Trustee as part of the Trust Assets. In such event, the adopting organization shall
confer on the original Plan Sponsor all authority conferred in the instruments
creating this Plan and Trust; provided, however, that no Plan Sponsor shall have the
power to terminate this Trust with respect to the interest of any other Plan
Sponsor which is a signatory hereto. It is specifically provided, however, that in
the event the Internal Revenue Service, at any time, determines that members of
any -adopting organization may not, under regulations issued pursuant to: Code
Section 501(c)(9), become members of the Plan whose benefits are funded through
the Trust, then adoption hereof by the adopting organization shall have no force
and effect and the members thereof shall be deemed not to have been members
hereof.
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IN WITNESS WHEREOF, the undersigned have set their hands this the _
day of , 1984.
COMBINED LAW ENFORCEMENT
ASSOCIATIONS OF TEXAS
BY:
ACCEPTED: President
Trustee
rustee
Trustee
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PLAN I-I -
PERSONAL AND- DEPENDENT DENTAL BENEFITS
Coinsurance Percentage
Type I Preventive Procedures - No Deductible 100%
Exams
. . Prophylaxis
Fluoride Applications
X-Rays
Space Maintainers
Type I Other Procedures 80%
Type II Procedures 50%
Orthodontic Procedures - For Children under 19
($1 ,000 Life-time Maximum)
Type II - Other Procedures 50%
m Deductible Amount - Each Calendar Year
Type I Preventive Procedures $ 0
Other Type I & Type II Procedures $50
Maximum Benefit
Each Calendar Year $1 ,000
PERSONAL INCOME PROTECTION BENEFITS
Pays $50 per week up to a maximum of 26 weeks for total
disability of a member due to sickness or accident, either job
related or not .
Benefits Begin with 1st day due to accident and 8th day due to
sickness .
PERSONAL AND DEPENDENT BLOOD BENEFITS
Pays 100% of blood processing fees and blood non-replacement
fees with no deductible and no limit to the number of units.
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PLAN II-`(Continued)
PERSONAL AND DEPENDENT ACCIDENTAL DEATH
AND, DISMEMBE-RMENT BENEFITS
24 Hour Business and Pleasure with Felonious Assault
Loss of Life $10,000
Loss of Life due to Felonious Assault $20,000
Loss of Two Limbs or Sight of Both Eyes or
. One Limb and Sight of One Eye $10,000
Loss of Speech and Hearing $100000
Loss of One Limb or Sight in One Eye $ 5,000
Loss of Speech or Hearing $ 50000
Loss of Thumb and Index Finger of Same Hand S 2, 500
ELigibLe dependents are insured for a percentage of the amounts
stated above as follows :
Spouse Child
. Member with spouse 50%
Member with spouse and
dependent child 40% 10%
Member with dependent
children only 15%
Monthly Cost of Plan II :
Member Only $14.90
Dependent Rate : $18.00
Family Rate $32 .90
5-14
ADDENDUM C`
PILOT HEALTH INSURANCE PROGRAM
- AGREEMENT
STA'rE: OF TEXAS S
COUNTY OF JEFFERSON S
WHEREAS, the City of Beaumont ( herein "City" ) and the
Beaumont Police Officers Association ( herein "Union" ) , have by
their labor contract agreed to implement a health insurance
program on April 1 , 1984 for those employees who retire or become
disabled on or after such date.
NON , THEREFORE, the parties mutually agree as follows:
W I T N E S S E T H :
1 .
Pruco Life/Prudential will provide medical coverage for
policemen retiring or becoming disabled after April 1 , 1984.
The term of this agreement shall be April 1 , 1984 to March 31,
1985. The pilot program described herein shall be an 18-month
program commencing April 1 , 1984.
2.
Retired or disabled employee-S desiring to participate
shall contribute $80. 00 per month for such employee, $150.00 per
month for such employee and one dependent, and $200. 00 per month
for family coverage. These monthly amounts shall be paid into the
trust fund established herein.
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3.
In addition to the monies paid into the trust fund by the
retired or disabled employee, the City will contribute an amount
equal to 1 . 0518 percent of police wages as of March 31 , 1984 into
the trust fund. Should the trust fund require other monies to
sustain the insurance program, the City agrees to contribute a
maximum of $10,000 into the fund during the eighteen ( 18) month
pilot program. Payment shall be made on a monthly basis.
4 .
For the term of the pilot program herein,.described,
premiums shall be paid to Pruco Life/Prudential out of the trust
fund as follows:
the greater of $4 , 167. 00 per
month or (.number of
participants) x $ 600.
The premium herein established shall provide medical
insurance for the first plan year ( April 1 , 1984 to March 31,
19H5) .
5.
City will be responsible for payment of the premiums out
of the trust fund and shall hold the trust 'fund at interest
separate and discrete from other City monies. City will provide a
certified audit of the fund to Union at the time the annual City
audit is completed.
6.
Retired or disabled policemen may participate in the
program if they are eligible for retirement or disability benefits
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under the Texas Municipal Retirement System. Coverage provided
: by the program will be substantially the same as the coverage.
provided to active policemen.
7 .
Retired or disabled employees participating in the plan
are required, if eligible , to enroll for both Part A. Hospital
Insurance , and Part B. Supplementary Medical Insurance , under
the U. S . Government Medicare Program. Failure to become a
subscriber as required herein will result in the participant ' s
exclusion from the program herein established.
CITY OF BEAUMONT
ATTEST: BY 4QZLL��
ty anager
�U
BEAUMONT POLICE OFFICERS
ASSOCIATION
ATTEST:
BY
'j
President
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