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Ordinance No. 15,307 ORDINANCE NO. 15,307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE MEET AND CONFER AGREEMENT WITH THE BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the Mayor to execute and the City Clerk to attest to the First Amendment to the Meet and Confer Agreement with the Baytown Municipal Police Association, Inc. A copy of said amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 8a' day of December, 2022. NDON C PETIL , Mayor ATTEST: O�16PYT0111 r� o • • Cl► 0 e ANGEL ACOON co O e0 RCAF 00<" APPROVED S TO SCOTT EMOND,City Attorney R:Karen Anderson ORDINANCES\2022\2022.12.08 1stAmendment2MeetandConferAgreement.docx EXHIBIT "A" FIRST AMENDMENT TO THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS,AND BAYTOWN MUNICIPAL POLICE ASSOCIATION,INC. OCTOBER 1, 2022—SEPTEMBER 30,2025 STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment("Amendment")to that certain Agreement between the City of Baytown, Texas,and Baytown Municipal Police Association(collectively the "Parties")effective October 1,2022, is made by and between the same parties on the date hereinafter last specified. WITNESSETH: WHEREAS,the City of Baytown ("City") and Baytown Municipal Police Association, ("Association") did enter into an Agreement through the process of Meet and Confer on August 11, 2022,effective October 1, 2022,to achieve and maintain harmonious relations between the Parties related to working conditions and other conditions of employment in accordance with Subchapter B of Chapter 142,Texas Local Government Code,and not deny local control by the City;and WHEREAS,the Parties previously agreed to work together to develop an alternate hiring process that would create an ongoing eligibility list for filling vacant beginning positions within the police department;and WHEREAS,the Parties agree that an alternate hiring process for lateral-hire police officers will increase availability of experienced,trained officers for hire so that the new officers may begin policing duties in less time; and WHEREAS,the Parties agree it is necessary and in the best interest to both Parties to amend the current Meet and Confer Agreement(October 1,2022—September 30,2025)to reflect the aforementioned changes to the hiring process;and NOW THEREFORE,for and in consideration of the mutual covenants and agreements herein contained,the parties hereto do hereby mutually agree as follows: Amendment 1 Procedures for Filling Beginning Positions The intent of this article is to create an ongoing eligibility list for the police department. ELIGIBILITY LIST. Applicants will be placed on an eligibility list in one of two ways. (a) For Law Enforcement certified officers, and out-of-state officers who ARE eligible to take the TCOLE approved "Supplemental Peace Officer" course, applicants will be placed on a list through an application process during a job posting period that will be coordinated between Human Resources and the Police Chief. (b) For non-certified officers, and out-of-state officers who are NOT eligible to take the TCOLE approved "Supplemental Peace Officer" course, applicants will be placed on an eligibility list by exam date and highest grade from the Entrance Examinations as specified in the procedures listed below. Applicants applying through a job posting for only certified officers must have a valid Law Enforcement Certification at the time they apply in order to be placed on the eligibility list. Those applicants that meet the Law Enforcement Certification requirement will be placed on the eligibility list in order by the date and time of their application submittal as date stamped by the City application system. Applicants applying through a posting for an entrance examination will be placed on the eligibility list by date of exam and highest grades. Beginning January 2023, this procedure for creating an eligibility list, including a job posting for Law Enforcement certified officers,will be in effect. All test notices will be posted as specified in the section below. Any existing job posting for Law Enforcement certified officers will be closed on the day prior to any written examination date. All applicants who pass the written examination will be added to the eligibility list below any Law Enforcement certified officers who applied prior to the written examination date. In order to maintain an ongoing eligibility list, once a list is started, whether applications are received through a posting for Law Enforcement certified officers or through a written examination,those applications must be added to the list below applicants already on the eligibility list based on the date and time of application, or the date of exam plus the test grade, as applicable. 2 PROCEDURE FOR FILLING BEGINNING POSITIONS. When a vacancy occurs in a beginning position in the police department, the department head shall request the names from the eligibility list and the director shall provide them. The department head shall appoint the next eligible person on the list unless there is a valid reason why that person should not be appointed next. If the department head does not appoint the next eligible person on the list, the department head shall clearly set forth in writing the good and sufficient reason why that person was not appointed. The reason shall be filed with the commission and a copy provided to the person who was not appointed. ENTRANCE EXAMINATION NOTICE. Before the 1011 day before the date an entrance examination is held, the commission shall cause a notice of the examination to be posted on the City of Baytown website.The notice must show the position to be filled or for which the examination is to be held, and the date, time, and place of the examination. ENTRANCE EXAMINATIONS. (a)The examination must be based on the person's general knowledge and aptitude and must inquire into the applicant's general education and mental ability. An applicant may not take an examination unless at least one other applicant taking the examination is present. (b) An examination for beginning positions in the police department must be held at one or more locations in the municipality in which the police department is located and may be held at additional locations outside the municipality. An examination held at multiple locations must be administered on the same day and at the same time at each location at which it is given. Each applicant who takes the examination for the eligibility list shall: (1) take the same examination; and (2) be examined in the presence of other applicants for that eligibility list. (c) An additional five points shall be added to the examination grade of an applicant who served in the United States armed forces for at least 180 days, received an honorable discharge, and made a passing grade on the examination. (d) An additional five points shall be added to the examination grade of an applicant who is a certified peace officer from another state; whose license is in good standing with the issuing agency, and made a passing grade on the examination. 3 (e) The grade to be placed on the eligibility list for each applicant shall be computed by adding an applicant's points under Subsection (c), if any, to the applicant's grade on the written examination. Each applicant's grade on the written examination is based on a maximum grade of 100 percent and is determined entirely by the correctness of the applicant's answers to the questions. The minimum passing grade on the examination is 70 percent. An applicant must pass the examination to be placed on an eligibility list. IN WITNESS WHEREOF,the undersigned City and the Association hereto execute this First Amendment on this the day of 2022; Effective Date is January 1, 2023. CITY OF BAYTOWN BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC BRANDON CAPETILLO, Mayor WILLIAM NELSON, President ATTEST: ATTEST: ANGELA JACKSON,City Clerk Signature Printed Name 4