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RES 11-350
RESOLUTION NO. 11-350 WHEREAS,the City of Beaumont and the International Association of Firefighters, Local 399 (hereinafter 1AFF 399"), entered into a Collective Bargaining Agreement effective February 13, 2008; and WHEREAS, Article XIII, Section 2, addresses vacation leave, how it is earned and how it is to be scheduled and taken; and WHEREAS, the Collective Bargaining Agreement, Article XIII, Section 2, does not allow exceptions as to the absolute no vacation carryover provision; and WHEREAS, Local Government Code, Section 143.046©,gives to the municipality's governing body the ability to approve the accumulation of vacation leave from yearto year; and WHEREAS, neitherthe Beaumont City Manager northe Beaumont Fire Chief have been authorized to grant exceptions to Article XIII, Section 2, to allow the carryover of vacation leave from year to year; and WHEREAS, any past exceptions made to such provision were unauthorized in that they were not in compliance with the Collective Bargaining Agreement or Local Government Code, Section 143.046©; and WHEREAS,the City Council for the City of Beaumont does not intend to amend the Collective Bargaining Agreement except as provided for by Article XXXIII; and WHEREAS the City Council has considered the request of Firefighter F. Mark Craigen to carryover vacation leave from one year to a subsequent year and is of the opinion that it would not be in the best interest of the citizens of Beaumont to grant the request and, therefore, the request should be denied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the request of Firefighter F. Mark Craigen to carryover vacation leave to a subsequent year be and it is hereby denied; and, THAT the meeting at which this resolution was approved was, in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2011. y - Mayor Becky Ames -