Loading...
HomeMy WebLinkAboutRES 75 236� r li f76 -a�4 R E S O, L U T I'O N BE IT RESOLVED BY,THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute on behalf of the City of Beaumont the agreement between the City of Beaumont and Local No. 491, International Brotherhood of Police Officers, attached hereto. i PRSCD -,qA+h d - y ,off u ►ve , <<19 i - Mayor - i i _ is THE STATE OF TEXAS X COUNTY OF JEFFERSON X 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 Local No. 491, International Brotherhood of Police Officers, herein- after 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 main- tain 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 interrup- tions to service. The parties to this agreement will cooperate fully to secure the advancement and achievement of these purpo.ses. ARTICLE I. RECOGNITION Section 1. Local No. 491, International Brotherhood of Police Officers, hereinafter referred to as the Union, and 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 bargain- ing unit in•matters concerning wages, rates of pay, hours of em- "7S--���. - '2 - Section 2. It is agreed.that.the bargaining unit, covered by the terms of this agreement, shall consist of all full time police officers, detective/sergeants, lieutenants, captains, majors, and assistant chiefs employed in uniformed and plain. - clothed 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 discriminate against any employee for his activity in behalf of, or membership in, the Union. 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 harassment. It is the mutual obligation of the Employer and the Union to assure that no employee shall be subject to any discrimination because of race, religion, color, creed, sex or national origin. ARTICLE III. MANAGEMENT . RIGHTS Except as otherwise specifically provided herein, the 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 schedules of work, .together with the right to determine the methods rocesses;and manner of p performing work to employees, the determination of policy affecting the selection of new employees,' the right to establish work perfor- mance measurements and standards where.no such measurements or :standards-.exist,--.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. i Except in situations of emergency, it is.agreed and I 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, it will first notify the. Union of its intent to, change, modify, :rescind or institute :any new policy or order which will affect the.employees in the bargaining unit and afford the Union an opportunity to participate in'the proceedings in a meaningful manner. To the fullest extent possible, full and comprehensive consultation -shall be completed prior to the effectuation of any intended action. 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 a shall inadvertently suffer any;loss of wages, hours or working conditions by reason of the signing of this agreement. ARTICLE V. NO STRIKE.- NO LOCK -OUT Section 1. The Union agrees-; that, during the term of this agreement, it will not authorize, ratify, encourage, or otherwise support any strikes, slow -downs; picketing, or any other form of work stoppage or interference with the business of the City, and will cooperate with the Employer in preventing and/or halting any such action. Employer agrees that it will not authorize, ratify, encourage, or.otherwise support any lock -out during the term of this agreement. Section 2. The Employer may discipline and/or discharge any employee who instigates, participates, or gives leadership to any act or conduct prohibited by Section 1 of this Article. The Employer may invoke any remedies authorized by Article 5154c-1, Revised Civil Statutes of Texas, in the event of any strike, work -stoppage or slow -down. ARTICLE VI. UNION REPRESENTATIVES - 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 four (4) stewards: one for each uniform shift and one for the plain - clothed division. The stewards and the Union President or his designee shall be granted reasonable time off during working hours without loss of pay to investigate and settle.grievances provided that the steward or Union President shall request per- mission from his shift captain. Permission may be withheld by the shift captain because of operating requirements, but such permission may not be withheld for more than twenty-four (24) hours except in emergencies. 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 union officials shall be allowed to attend the monthly IBPO Meeting without loss of pay or benefits if said meeting occurs during the official's regular tour of duty. Section 3. Union officials, not to exceed three (3), shall be granted time off without loss of pay or benefits to attend---the--IBPO--Nation-al--Convent-ion,— not -.to exceed- five-- (5) '- working days. 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 Employer 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. copy of all authorization or cancellations of voluntary deduction of union dues by employees in the unit. 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, claim, or complaint involving the interpretation, application or alleged violation of any provision of this agree- ment or the discipline, discharge, or demotion for disciplinary purposes -of any employee -represented --by the -Union. Section 2. Time and Period. A.- Any member who is aggrieved 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 ten (10) calendar days of the date upon which the member knew of or should have known of the occurrence giving rise to the grievance. B. A grievance. not brought to the attention of the Union's Grievance Committee within the time limit.prescribed shall not be considered timely and shall be void. C. The time limitations described herein may be waived by mutual agreement in writing by the aggrieved and the appropriate management official. _qr�r-+- i nn I A. Step 1. Any member who is aggrieved shall submit his grievance in writing within the time limitations specified above to the Union's Grievance Committee. within five (5) days of receipt of the grievance, the committee shall determine if a valid grievance exists. If, in the opinion of the majority of the members of the committee, no grievance exists, the committee shall so notify the member and no further B. Step 2. If, in the opinion of the majority of the members of the committee, a grievance does exist, the committee shall with or without the physical presence of the aggrieved member, approach the employee's immediate supervisor for an informal discussion. C. Step 3. If the grievance has not been resolved at this level within three (3) days, the committee with or without the physical presence of the aggrieved member, present the grievance in writing to the Chief of Police for adjustment. D. Step 4. If within'five (5) business days, the grievance has not been settled, the committee shall submit it to the City Manager for adjustment. E. Step 5. If within five (5) business days, the grievance has not been settled, the committee shall make a written request to the City Manager that the grievance be sub- mitted to arbitration. Section 4. Either party may request the Federal Medi- ation and Conciliation Service to provide an arbitrator in accordance with its selection rules. Either party shall have the right to reject an arbitrator submitted by the Mediation Board. In that event the Mediation Board will be requested to submit another arbitrator. Section 5. The powers of the arbitrator shall be limited as follows: A. He shall have no power to add to, subtract from, or modify any of the terms of this agreement. B. He shall deal only with the grievance or grievances which occassioned his appointment. Section 6. The decision of the arbitrator, if within the scope of his authority, shall be final and binding upon the parties. Section 7. The costs and expenses for the services of the arbitrator and secretarial services shall be shared equally by the Union and the Employer. Either party desiring a transcript of the arbitration hearing shall be responsible for the costs of such transcript. Section 8. The employees agree that with the adoption of this grievance procedure, they hereby relinquish their right to appeal to the Civil Service Commission or District Court for the resolution of a grievance as defined herein. ARTICLE X. C�'LWT rnn-r TV Section 1. Police Officers employed after October 1, 1975, shall be considered to be probationary for a period of 12 -consecutive months following first employment. 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 employ- ment. -The-Union-may accept -probationary -employees --for member ---- ship "At -Large", but they are not to be considered as protected by this agreement. The Union may provide advice, or represen- tation, to the probationary employees only as allowed by law. Section 2. Seniority, (that is, length of continuous service---in-the employment ---of the--City-of-Beaumont) shall be - considered only in determination of rights and priorities in the following situations: (1) Time when annual vacation is to be granted (with permission of the Chief) instances: (2) Lay-off and recall (3) Promotions in accordance with Article 1269(m) (4) Seniority shall be lost in the following A. Quit C. Unexcused failure to return to work when recall from lay-off is set forth in recall.procedure D. Unexcused failure to return to work after expiration of.a formal leave of absence E. Retirement F. Lay-off for a continuous period of six (6) months or the length of the employee's seniority, whichever,is greater G. Working for another employer without express approval of the Chief.of Police, while on sick -leave, death in family, or leave without pay in accordance with Article XVII. ARTICLE XI. PROMOTIONS - Section 1. All promotions'.shall be made. in accordance with Article 1269-m.Section 14 ofi.Vernon's Civil Statutes of the State of Texas and shall be made as soon as possible after the vacancy occurs. Written tests shall be given annually as follows.: is Test for promotion from: 1) Patrolman to Detective/Sergeant shall be given on the first Wednesday of February 2) Detective%Sergeant to Lieutenant shall be given on the second Wednesday of February. 3) Lieutenant to Captain shall be given on the third Wednesday -of February: --- 4) Captain to Major shall be given on the fourth Wednesday of February. Section 2. The eligibility list established as a result of any of the examinations above mentioned shall expire one (1) year from the date of the 'exami!nation. . Section 3. The Chief of Police may appoint at his sole discretion an Assistant Chief of Police. ARTICLE' XII. WORKING OUT.OF:CLASSIFICATION fill a position in a higher classification temporarily shall be paid the base salary.of such higher position during the time he performs the duties thereof. ARTICLE XIII. HEALTH AND SAFETY Section 1. It is the desire of the Employer and the Union to maintain the high standards ofsafety and health in the Police Department in order to eliminate, as much as possible, accidents, deaths, injuries and illness in the police service. Protective devices, wearing apparel and other equipment necessary to properly protect policemen shall be provided by the employer. These devices, apparel and equipment shall be inspected by the Health and Safety Committee on a periodical basis to insure proper maintenance and replacement. The Employer and the Union shall each appoint two (2) members to. the Health and Safety Committee. This committee will meet at least once a month and discuss safety and health conditions:-- The joint -Health and Safety -Committee shall co- operate with and coordinate its activities with the safety department of the Employer. Health and Safety Committee members will be granted time off with pay when meeting jointly with management, and for any inspection or investigation of safety or health pro- blems in the Police Department. The Employer shall not restrict the safety committee members from any Police Department -facility when investigating health and safety conditions. The committee will be guided by, but not limited to, the following principles: A. Make immediate detailed investigation into each accident, death or injury to determine the fundamental B. Develop data to indicate accident.sources and injury rates. Develop uniform reporting procedures. C. Inspect Police Department facilities to detect hazard physical conditions of unsafe work methods, including training procedures. Recommend changes or additions to pro- tective equipment, protective apparel or devices for the elim- ination of hazards of police duty. D. Promote safety and first aid training .for com- mittee members and police officers. E. Participate in advertising safety and in selling the safety program to the employees through department meetings. shall: In line with the goals listed above, the committee 1. Make periodic inspections of the Police Depart- ment facilities; but not less frequently than monthly. 2. Make recommendations for the creation.of unsafe or harmful work conditions. All recommendations shall include a target date for abatement of hazardous conditions. 3. Review and analyze all reports of accidents, deaths, injuries, and illnesses.' Investigate causes and recom- mend rules and procedures for the promotion of health and safety of police officers. 4. Keep minutes of all joint committee meetings and a written report shall be prepared for review at the next committee meeting. A record shall be kept of accidents, in- juries and illnesses and shall be maintained by the employer and made available on request to the Health and Safety Committee. All disputes arising under this Article and not resolved by the committee shall be considered proper subjects for adjust- ment under the grievance procedure. Any such grievance shall be investigated and when filed by the association in accordance with the grievance procedure, shall be processed through the Section 2. 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 officers at night. ARTICLE XIV. HOURS OF DUTY AND WORK SCHEDULE 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. Hours of duty and work schedule may be altered 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 The employee shall have the right to exchange shifts temporarily,when the exchange does not interfere with the operation of the department, and with permission of their respective commanding officers. Employees desiring shift re- assignment must have permission of the major. ARTICLE XVI. 0T-nMW TT.T(_ Section 1. All uniforms (including one (1) uniform tie), protective clothing or protective devices now provided members of the department shall be furnished, without cost to the mem- bers, by the Employer. Section 2. The Employer shall replace all uniforms and personal equipment of the members of the department damaged in line of duty. Section 3. Each plainclothes member of the bargaining unit shall receive a clothing allowance of three hundred dollars ARTICLE XVII.. LEAVE Section 1. Vacation. A. Vacation shall be earned annually based on the following schedule: B. Members of the department shall.start to earn vacation leave as of their first date of employment. C. In computing the length of time during which a member may be absent from work for vacation, only those cal- endar 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 who is separated from the service by reason of resignation, death, retirement, or discharge shall be compensated in cash for all accumulated unused vacation time at the regular rate of pay at the time of separation. E. Members shall not be entitled to accumulate vacation from year to year. Members may take in a calendar year only the number of vacation days which had been accumu- lated as of the first day of that calendar year. F. Any member of -the department with eight (8) vears of more service who earns fifteen (15) days of sick Sick Leave Minimum Bonus Maximum Vacation (as described Vacation Years of Service Days in (F) below) Days Up to 8 years service 15 0 15 8 years 15 +1 16 11 years 15 +2 17 14 years 16 +2 18 17 years 17 +2 19 20 years 18 +2 20 23 years 19 +2 21 26 years 20 +2 22 29 years 21 +2 23 32 years 22 +2 24 35 years 23 +2 25 38 years 24 +2 26 41 years 25 +2 27 B. Members of the department shall.start to earn vacation leave as of their first date of employment. C. In computing the length of time during which a member may be absent from work for vacation, only those cal- endar 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 who is separated from the service by reason of resignation, death, retirement, or discharge shall be compensated in cash for all accumulated unused vacation time at the regular rate of pay at the time of separation. E. Members shall not be entitled to accumulate vacation from year to year. Members may take in a calendar year only the number of vacation days which had been accumu- lated as of the first day of that calendar year. F. Any member of -the department with eight (8) vears of more service who earns fifteen (15) days of sick leave in a calendar year, and who does not use more than five (5) days of sick leave during the year in which it can be used, will have one (1) extra working day added to his vacation in the following year. Any member of the department with eleven (11) years or more service who earns fifteen (15) days of sick leave in a calendar year, and who does not use more than five (5) days of sick leave.during the year in which it can be used, will have two (2) extra working days added to his vaca- tion in the following 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 con- tinue to do so as long as they are employed. D. The Employer shall provide injury leaves of absence with full pay for periods of time commensurate with the nature of injuries received while in line of duty for at least one (1) year. At the expiration of said one (1) year period, the City Council or governing body may extend such injury leave, at full or reduced pay. E. In the event that a Police officer 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 accu- mulated sick leave. Section 3. Death In Family Leave. In the event of a death in the immediate family of. -- .,T -ha Pmnloyee 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 and sister of the employee or those of the employee's spouse, and any domiciliary residing in the residence of the member. Section 4. Leave Without Pay. Each employee covered by the terms of this agreement may be allowed a leave of absence without pay up to thirty (30) days with permission of the Chief of Police. 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 and any other holiday provided other city employees. Section 2. Any member in the bargaining unit who works on a holiday in his regular tour of duty shall be paid a pre- mium 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 in 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. ARTICLE XIX. WAGES Section 1. Wages and Rates of Pay. Wages and rates of pay for the employees in the bargaining unit shall be as follows during the term of this agreement: A. Grade I PZonthly. Salary (1) Start to 'l year $ 865 (2) 1 to 3-years 900 (3) 3 to 5 years 950 (4) After 5 years 975 B. Grade II (1) Start to 5 years $1050 (2) After 5 years' 1075 C. Grade III (1) Start to 5 years $1150 (2) After 5 years, 1200 D. Grade IV (1). Start to 5-years $1275 (2).* After' 5 years 1325 E. Grade V (1) Start' to 5 years $1400 (2) After 5 years. 1450. F. Grade VI .$1550 Section 2. Education and Incentive Pay In addition to the wage rates established by this agreement, the Employer shall pay.''premium pay as follows for the following: 1. To the holder of;an interme- $12.50 per mo. diate_-certificate-issued_by the Texas 'Law Enforcement Com- mission on standards and edu- cation. 2. To the holder of-an advance $25.00 per mo. certificate (the holder of'an advance certificate shall not be entitled.to the premium pay of $12.50 per month as the holder of an intermediate cer- tificate). 3. Licensed breathalyzer operator $10.00 per mo. (if the employee is engaged as a breathalyzer operator. No more than 30'employees shall be entitled to premium pay as breathalyzer operators during -r '-I, = =C*r-ooment) - 4. Licensed polygraph examiner -(if actively engaged during the term of this agreement as a polygraph operator) 5. Any employee qualifying as an expert latent fingerprint wit- ness and who is currently assigned to the identification bureau. ARTICLE XX. /�_`1� j3� 6- a �_1((.7S­4 $25.00 per mo. $20.00 per mo. OVERTIME, CALLBACK 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 de- partment called to duty on his re.gularly.scheduled day off shall be compensated for a minimum of eight (8) hours at time and one-half the employee's regular hourly rate of compensation, providing the employee remains on duty for eight (8) hours. j C. No schedules, tours of duty or days off shall be changed in order specifically,' to avoid the payment of over- time. Section 3. Call Back Pay'. All members of the depart- '. ment 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 1 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 com- mencement'of the duty, the member shall receive two (2) hours of straight pay for eight 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 at any proceedings by any City, County, Town, State or Federal Government or any of the sub -divisions 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. 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. Con- versely, -the y on-versely,-they may choose to accept the court pay -and report for work. ARTICLE XXI. LONGEVITY PAY In addition to all other moneys paid for services ren- dered, the Employer agrees to pay each employee covered by this agreement the sum of .four dollars ($4.00) per month lon- gevity pay for each year of service in the department up to and including twenty-five (25) years of service. ARTICLE XXII: INSURANCE -75- Section 1. The Employer shall provide Two Thousand and No/100 ($2,000.00) Dollars life insurance protection for every member in the bargaining unit. Section 2. 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. Section 3. The Employer will furnish an accident and health policy without charge to each employee. In addition, the Employer will pay one-half (1/2) the monthly premium for -the employee's dependents'on said accident and health insur- ance.policy. I" ARTICLE XXIII. GENERAL_ PRO`7ISIONS 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 provide space on bulletin boards at the police station in the uniform squad assembly room,and�,the detective squad room, to be used by the Union for the following notices: A. Union meetings;, B. Union elections C. Reports of Union committees D. Rulings or policies of international association E. Recreational and social affairs of Union The association agrees that there shall be no other gen- - �-�� T?n' on or its -members upon City property, provided, however, -the Chief of Police may permit other material not provided for above at his discretion to be posted or distributed. Section 3. Mileage Allowance. Employees covered by this agreement required to use their private automobiles for duly authorized Police Department business shall be compen- sated at the rate of Thirteen Cents,'(13fl per mile. ARTICLE XXIV. CIVIL SERVICE In the event that,any provision of this agreement conflicts or is inconsistent with any provision of.Article.1269-m, Revised Civil Statutes of Texas, this agreement shall prevail notwith- -standing.any such.provision of Article 1269-m.. Itis under- stood by the parties hereto.that Section 15 of Article 1269-m relating to civil service rights of the Chief.of Police (in- cluding a former Chief of Police who may be reduced to Assistant Chief of Police during the term of,this agreement) shall -in no way be affected by the terms of this agreement. ARTICLE XXV. COPIES OF AGREEMENT The Employer agrees to furnish each employee covered by this agreement.with a copy of this agreement. ARTICLE-. XXVI . SAVINGS CLAUSE i' If any provision of this agreement, or the application of such provision, shall be rendered or declared invalid by any court action, or by reason of any existing or subsequently - enacted legislation, the remaining parts or portions of this agreement shall remain in.full force and effect. ARTICLE XXVII. STABILITY OF'AGREEMENT the agreement, terms'or provisions herein contained shall bind the parties unless made and executed.in writing by the parties hereto. is 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 XXVIII. DURATION OF AGREEMENT This agreement shall be effective as of the lst day of October, 1975, and shall.remain in'full force and effect until the 30th day of September, 1976. It shall automatically be renewed from year to year thereafter, unless either party shall have notified the other, in writing, at least one hundred twenty (120) days prior to the annual anniversary date that it desires to modify .the agreement.. In the event that such notices are given, negotiations shall be in accordance with.Article 5154c-1 of Vernon's Civil Sta-tut-es--of-t-he---State-of--Texas-: In witness whereof,:Local'#491, International Brother- hood of Police Officers, has caused the agreement to be signed by its President, by order of it's membership, and the City of Beaumont has caused this agreement to be signed by -its Acting City Manager on the R 44h day of 1975. LOCAL #491, IBPO CITY OF BEAUMONT nxy• Actino City Manager