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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 � f 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 — i — 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 - ii - 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 2 - 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 3 - 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 4 - ' 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 5 - _ 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. 6 - 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 7 - 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. 8 - , - 6-os-/ 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. 9 - 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. 10 - _ 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. - 11 - 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. 12 - 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. 13 - 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. 14 - 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. 15 - 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 16 - 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 17 - 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: 18 - 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. A-1 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 B-1 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. B-2 � E� 3sl 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: B -3 (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: B-4 (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 P-5 / 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- g-6 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. B-7 xe,r4 -.3 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 B-3 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 B-9 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- B-10 -3s ,,�d'� / 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. B-11 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 B-12 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. B-13 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 B-14 lAe �6-35/ 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. C -1 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 C -2 I 'le—fg-2s-/ 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 C-3