HomeMy WebLinkAboutRES 86-351 R E S O L U T I O N r
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
contract between the City of Beaumont and the Beaumont Police
Officers Association substantially in the form attached hereto as
Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the _9,a_ day of , 1986.
- Mayor -
e,�—
A G R E E M E N T
Beaumont Police Officers Association
City of Beaumont
October 1, 1986 to September 30, 1988
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TABLE OF CONTENTS
PAGE
PREAMBLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
INTENTAND PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
ARTICLEI. RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
ARTICLEII. DISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
ARTICLEIII. MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
ARTICLE IV. MAINTENANCE OF STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . .4
ARTICLEV. NO STRIKE — NO LOCK—OUT. . . . . . . . . . . . . . . . . . . . . . . . . . . .4
ARTICLE VI . UNION REPRESENTATIVES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
ARTICLEVII. UNION BUSINESS LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
ARTICLE VIII. PAYROLL DEDUCTION OF DUES. . . . . . . . . . . . . . . . . . . . . . .7
ARTICLEIX. GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 "
ARTICLEX. SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
ARTICLEXI . PROMOTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
ARTICLE XII. WORKING OUT OF CLASSIFICATION. . . . . . . . . . . . . . . . . . .17
ARTICLE XIII. LABOR RELATIONS COMMITTEE. o . - o o o - o . . . . . . . . o . . . .17
ARTICLE XIV. HOURS OF DUTY AND WORK SCHEDULES. . . . . . . . . . . . . . . .20
ARTICLEXV. SHIFT EXCHANGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
ARTICLEXVI . CLOTHING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
ARTICLEXVII. LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .23
ARTICLEXVIII. HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
ARTICLEXIX. WAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
ARTICLE XX. OVERTIME, CALL—BACK AND STAND—BY PAY. . . . . . . . . . . . .30
ARTICLEXIX. LONGEVITY PAY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
- ARTICLE XXII. INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
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PAGE
r ARTICLE XXIII. GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . .34
ARTICLEXXIV. CIVIL SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
ARTICLEXXV. SELECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
ARTICLEXXVI. COPIES OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . .36
ARTICLEXXVII. SAVINGS CLAUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
ARTICLE XXVIII. STABILITY OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . .37
ARTICLE XXIX. POLICE OFFICER'S BILL OF RIGHTS. . . . . . . . . . . . . . . .37
ARTICLEXXX. IMPASSE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39
ARTICLEXXXI . RETIREMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
ARTICLE XXXII. DURATION OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . .43
ADDENDUMA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .A-1
ADDENDUMB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-1
ADDENDUMC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .C-1
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4
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 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
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 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
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such membership. The EMPLOYER shall not discriminate against any
employee because of his lawful UNION activity. The UNION agrees
that it will not interfere with, coerce or intimidate any employee
into joining the UNION. The UNION recognizes that no employee is
required to join the UNION, but that each employee has the right
to choose of his own free will as to whether or not he will or
will not join the UNION. The UNION further agrees that there will
be no interference with the free right of any employee of the
EMPLOYER to enter and leave its premises and property unmolested
and without harrassment.
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.
a 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
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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 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 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
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' form of work stoppage or interference with the business of the
City, 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 invoke any remedies authorized by Article 5154c-1 ,
Revised Civil Statutes of Texas, in the event of any strike,
work-stoppage or slow-down.
m 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
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_ not be withheld for more than twenty-four (24) hours except in
emergencies.
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.
Fl 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 deductions 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.
Section 5 . The EMPLOYER agrees to continue said
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m 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 grieved because of his demotion or
suspension shall file a written report giving the nature and
details of the incident which lead 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
or should have known of the occurrence giving rise to the
grievance.
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B. Any member who is agrieved because of his termination
shall file a written report giving the nature and details of the
incident which lead 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
notice of the grievance to the office of the Chief of Police for
adjustment.
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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 theCity 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 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.
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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) calendars 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.
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.
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F . A grievance and/or a written request for arbitration
not filed within the time limitations specified herein shall not
be considered timely and shall be void.
G. The time limitations described herein may be waived
by mutual agreement in writing by the UNION and the appropriate
management official.
Section 4 . Arbitration.
A. Either party may request the Federal Mediation and
Conciliation Service (FMCS) or American Arbitration Association
(AAA) to provide a list of arbitrators in accordance with its
selection rules. Either party shall have the right to reject the
list submitted by FMCS or AAA. In that event, the FMCS or AAA
will be requested to submit another list. The parties shall
select an arbitrator from the list. The parties by mutual
agreement may select to use AAA expedited rules.
B . The powers of the arbitrator shall be limited as
follows:
1 . He shall have no power to add to, subtract from,
or modify any of the terms of this agreement.
2 . 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.
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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 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, 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 employement 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
1 aw.
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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.
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.
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Section 2 . All promotional examinations shall be open to
all officers who have held a continuous position for two 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 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 of the current volume of
outside sources of reading material.
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Section 6 . Test material for grade III police lieutenant
and IV police captain promotional examinations shall also include
two 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 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
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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 the higher
classification in order 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
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specifications for equipment, disciplinary policies, departmental
i 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 th.e 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 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:
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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.
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
19 -
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.
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.
20 -
Section 2 . Employees shall have the right to exchange
a shifts temporarily no more than six (6 ) time 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
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 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.
Section 6 . Except in the case of an emergency, or
unless operational circumstances require otherwise, job vacancies
21
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 from the
Department Manager in the division where the vacancy exists to all
staff officers. Each such staff officer will make a reasonable
effort to assure that all officers under his command, who are
eligible for the vacant position, are aware of the vacancy.
Officers who are interested in said vacant position may contact
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 (5 uniform shirts and 5 uniform
pants) , protective clothing or protective devices, hats, jackets,
22 -
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 qear 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.
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 $.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:
23 -
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 weeks
vacation per year. After five (5 ) years of service, 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
year' s service as a commissioned police officer who is separated
from service by reason of resignation, death, retirement, or
24 -
x4e�A 3s/
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
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.
25 -
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.
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 d aniciliary 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 maybe carried across contract or fiscal years, provided the
four (4) day maximum is not exceeded.
26 -
/?,4r46-,3!V
ARTICLE XVIII.
HOLIDAYS
Section 1 . The following holidays are those which shall
be recognized and observed;
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
27 -
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
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 ,
GRADE I - POLICE OFFICER 1986, for one (1 ) year
Start to 1 year 1 ,736 per month
1 year to 2 years 1 ,846 per month
2 years to 3 years 1,907 per month
3 years to 4 years 1,968 per month
4 years to 5 years 2,028 per month
5 years or more 2,090 per month
GRADE II - POLICE SERGEANT
0 to 5 years 2,211 per month
5 years or more 2, 334 per month
GRADE III - POLICE LIEUTENANT 2,529 per month
GRADE IV - POLICE CAPTAIN 2,748 per month
GRADE V - POLICE MAJOR 2,980 per month
Effective October 1 , 1986, the above rates of pay reflect an
increased of two percent ( 2%) .
28 -
Section 2 . Education and Incentive Pay.
In addition to the wage rates established by this agree-
ment, the EMPLOYER shall pay premium pay as follows for the
following:
1 . To the holder of an intermedi-
ate certificate issued by the
Texas Law Enforcement Commis-
sion on standards and education. $25.00 per mo.
2 . To the holder of an advance cer-
tificate ( the holder of an advance
certificate shall not be entitled
to the premium pay of $25.00 per
month as the holder of an inter-
mediate 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 enti-
tled to premium pay as breatha-
lyzer 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 idenditification bureau. $20.00 per mo.
6 . Field Training Officers . $25.00 per mo.
7 . Bilingual Officer (must pass
proficiency certification and
recertify every two [2] years)
a. Spanish $25.00 per mo.
b. Vietnamese $50.00 per mo.
- 29 -
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.
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
a 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 performs 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.
30 -
Section 3 . Call Back Pay. All members of the
department covered by the terms of this agreement who are called
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 to 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 commence-
ment 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.
31 -
'-�,�-3 V
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 ($4.00) Dollars 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 , 1986, the EMPLOYER
shall provide $20,000 life insurance protection for Grades I, II
and III, and a- minimum of $20,000 life insurance protection for
Grades IV and V.
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.
32 -
_"�6 >
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 prior to July 1 , 1984. The
employee will contribute to dependent coverage in the amount of
fifteen dollars ($15) for one ( 1 ) dependent and thirty dollars
($30) for more than one (1 ) dependent. The employees and
dependents shall participate in second opinion elective surgery as
provided by Hartford Insurance Company . The EMPLOYER will not
increase such required employee contributions without thirty ( 30)
days' prior notice to the UNION. Such employee contribution shall
not be modified more than one time each fiscal year.
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 $14.90.
If the employee elects to add his dependents to the dental
insurance, the EMPLOYER shall pay a maximum monthly cost of $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.
33 -
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 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:
34 -
A. UNION meetings ;
B. UNION elections;
C. Reports of UNION Committees;
D. Rulings or policies of international
association;
E. Recreational & 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.
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
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
35 -
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 shall
negotiate immediately for a satisfactory replacement for any such
provision.
36 -
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 OFFICER'S 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.
B. The interrogation should take place at the Beaumont
Police Department when possible.
37 -
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 or 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. 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 .
38 -
® 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
incase, debts, or personal or domestic expenditures ( including
those of any member of his family or household) unless required by
law. Not 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 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
39 =
3EI
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 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 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 findings of fact and recommendations.
In making such findings and recommendations, the panel shall
40 -
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.
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.
41 -
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 reccmmendations 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 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
42 -
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, Wages;
Article X.':II, Insurance; and a new article on Residency
+ Requirements.
p In witness whereof, the Beaumont Police Officers
Association has caused the agreement to be signed by its
President, by order of its membership, and the City of Beaumont
has caused this agreement to be signed byjj its City Manager on the
9
-�! day of � �-:�..�=�-zyr 1�-' 19
BEAUMONT POLICE OFFICERS CITY OF BEAUMONT
ASSOCIATION
itBy • �� r° By:
resident - City Manager
6�'
fitness itnes
43 -
ADDENDUM A
It is recognized that management has the right to ensure
that junior officers (0-5 years) are balanced among the three
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 TRUST
TRUST INSTRUMENT'
Combined Law Enforcement
Associations of Texas
December, 1984
BY: James W. Nash, P.C.
525 American General Tower
2727 Allen Parkway
Houston, Texas 77019
(713) 529-2000
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CLEAT BENEFIT PLAN be 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 I 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 Ii. 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., or such
other person or entity as the Plan Sponsor shall appoint.
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 any
regulations thereunder, or any other applicable laws, ordinances, rules, or regula-
tions.
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2.06 Member sr mean a Participant in the Play+ 'irovided 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. De Lord, 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 contributions 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 hold.all 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.
(i) 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 participat-e in any merger, reorganization, �j- c?nsolidation 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 field. 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 Co Flan Sponsor or by any of its pad 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 "Sites. 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 person
authorized to handle monies held in the Trust.
5.05 Compensation and Expenses of Trustee. No compensation shall 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 Exoneration-_!yo Trustee shall be personally 1T ! for any obligation of
the Trust or incurred by the Trustee. 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
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shall give the remai Trustees notice of such appoin, 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
b 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 ITCensed 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
siisbur._sements,_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 tim-- 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 5O1(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
Trustee
Trustee
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LAI
PLAN II
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
(51 ,000 Life-time Maximum)
Type II - Other Procedures 50%
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% o"f 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 DISMEMBERMENT 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 $100000
Loss of Speech and Hearing $10,000
Loss of One Limb or Sight in One Eye $ 5,000
Loss of Speech or Hearing $ 5,000
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
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ADDENDUM C
PILOT HEALTH INSURANCE PROGRAM
AGREEMENT
STATE: UE TEXAS $
COUNTY OF JEFFERSON S
WHEREAS, the City of Beaumont ( herein "City" ) and the
Beaumont Police Ofticers 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 .
a 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 employees 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,
1985) .
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 elig•ib-le 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
City 'Manager
BEAUMONT POLICE OFFICERS
ASSOCIATION
ATTEST:
.• BY
•j
President
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