Ordinance No. 16,262 ORDINANCE NO. 16,262
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A MEET AND CONFER AGREEMENT WITH THE
BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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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 a Meet and Confer Agreement with the Baytown
Municipal Police Association, Inc. A copy of said agreement 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 e City ouncil of the
City of Baytown this the 25th day of September, 2025.
CHARLES H , ayor
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SCOTT L MOND, City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2025-09-25\Authorizing Meet and Confer Agreement with Baytown Municipal Police
Association.kh.docx
EXHIBIT "A"
AGREEMENT
Between
THE CITY OF BAYTOWN, TEXAS
And
BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.
October 1, 2025 — September 30, 2030
TABLE OF CONTENTS
ARTICLE 1 -INTENT AND PURPOSE 3
ARTICLE 2-AUTHORITY AND RECOGNITION 3
ARTICLE 3 -PREEMPTION PROVISION 3
ARTICLE 4-PROBATIONARY PERIOD 4
ARTICLE 5 -REIMBURSEMENT OF ACADEMY TRAINING TUITION 4
ARTICLE 6-SIGNING INCENTIVE 4
ARTICLE 7 -RELOCATION EXPENSES FOR NEW HIRES 4
ARTICLE 8 -CLOSING COST REIMBURSEMENT FOR POLICE OFFICERS 5
ARTICLE 9-TERMINAL LEAVE 5
ARTICLE 10-FITNESS PROGRAM 5
ARTICLE 11 -ALTERNATIVE HIRING 6
ARTICLE 12-DUES DEDUCTIONS 9
ARTICLE 13 -COMPENSATION 9
ARTICLE 14-INTERNAL AFFAIRS COMPLAINT PROCEDURE 12
ARTICLE 15 -COMPLETE AGREEMENT CLAUSE 12
ARTICLE 16-SAVINGS CLAUSE 12
ARTICLE 17-REOPENER 12
ARTICLE 18 -LEADERSHIP AND ASSOCIATION RELATIONS COMMITTEE 13
ARTICLE 19 - DURATION OF AGREEMENT 14
APPENDIX A
APPENDIX B
ARTICLE 1
INTENT AND PURPOSE
It is the intent and purpose of this Agreement, entered into by the City of Baytown,Texas,
a home rule municipality hereinafter referred to as the "City" and the Baytown Municipal Police
Association, Inc.,hereinafter referred to as the"Association,"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. The Agreement has been reached by the City and the Association,collectively
hereinafter referred to as the "Parties," through the process of Meet and Confer with the objective
of fostering effective cooperation between the City and its Police Officers.
ARTICLE 2
AUTHORITY AND RECOGNITION
The City recognizes the Association as the sole and exclusive bargaining agent for all
covered police officers as defined in Texas Local Government Code Section 143.003, excluding
the employees exempt under Section 142.058 (b) of the Police Department, hereinafter referred to
as "Police Officers,"pursuant to Texas Local Government Code, Section 142.051, et seq.
ARTICLE 3
PREEMPTION PROVISION
During the term of this Agreement and to the extent of any conflict, the provisions of this
Agreement shall supersede the provisions of all contrary statutes, Executive Orders, local
ordinances, and rules, including for example and not by way of limitation, the contrary provisions
of Texas Local Government Code Chapters 141, 142 and 143, Ordinances of the City of Baytown,
Texas, and the Rules and Regulations of the Police and Firefighter's Civil Service Commission
for the City of Baytown, Texas. This preemption provision is authorized by Section 142.067 of
the Texas Local Government Code, and the Parties have expressly agreed that each and every
provision involving or creating such a conflict shall have the effect of superseding the statutory
standard or result, which would otherwise be obtained in the absence of this Agreement.
It is understood and agreed that unless specifically modified by this Agreement, the City's
Personnel Policies and Administrative Rules, the City of Baytown's Civil Service Rules and
Regulations, as well as the Baytown Police Department's Rules and Regulations and general and
special orders shall continue to apply to employees covered by this Agreement.
Page 3 of 14
ARTICLE 4
PROBATIONARY PERIOD
Any person initially appointed to any position in the class of Probationary Police Officer
must serve a probationary period beginning on that person's date of employment as a Probationary
Police Officer and ending twelve (12) months after the officer is sworn in as a Police Officer.
ARTICLE 5
REIMBURSEMENT OF ACADEMY TRAINING TUITION
Subject to the provisions of this article, a Police Officer who has completed a course of
instruction at an accredited peace officer academy within one(1) year of his/her hire date, shall be
reimbursed the cost of the academy tuition in an amount not to exceed $2,500 in accordance with
this article. This reimbursement shall be paid as follows: $1,500 within 30 days after successful
completion of the FTO program and the balance in equal monthly installments of$250 for the next
four (4) months; provided, however, should the Police Officer fail to complete his/her probation
period for any reason, such Police Officer shall reimburse the City all monies paid to him/her
pursuant to this article. Reimbursement shall be made only if the Police Officer has expended
his/her personal funds for such instruction, has not been reimbursed for the same by any
governmental entity, and provides necessary documentation, as determined by the City, for
reimbursement.
ARTICLE 6
SIGNING INCENTIVE
Subject to the conditions listed below, any person initially appointed to any position in the
class of Probationary Police Officer or Police Officer Trainee on or after the effective date of this
agreement, but no later than September 30, 2030, shall receive $10,000 as follows: $3,000 upon
successful completion of the FTO program and the balance in equal monthly installments until the
end of the probationary period for a total payment of $10,000; provided, however, should the
Police Officer fail to complete three (3) years of service from their hire date for any reason, such
Police Officer shall reimburse the City all monies paid to him/her pursuant to this article. This is
available on a one-time basis.
ARTICLE 7
RELOCATION EXPENSES FOR NEW HIRES
The City shall reimburse the cost of moving household goods and effects to the City of
Baytown for officers hired during the term of this Agreement for, 1) up to a maximum of$2,000
if moving from within a 150 mile radius of Baytown, or 2) up to a maximum of$4,000 if moving
from outside the 150 mile radius. Moving reimbursement is available only for moves from outside
the city limits to inside the city limits of Baytown. The reimbursement request must be made
within 60 days of obtaining residence. Should the police officer fail to complete his/her
Page 4 of 14
probationary period for any reason, such officer shall reimburse the City for all monies paid. Use
of this provision is only valid once during the employment of an officer.
ARTICLE 8
CLOSING COST REIMBURSEMENT FOR POLICE OFFICERS
Existing City of Baytown police officers, residing outside the City limits wishing to move
into the City limits will be eligible for closing cost reimbursement of $5,000 to purchase a
conventional home within the City limits. This assistance will be provided only once to a police
officer and only when the police officer moves from outside the City limits and purchases a
conventional home within the City limits and establishes that home as his/her primary residence.
The police officer must file proof of expenses along with a request for reimbursement within thirty
(30) days of the closing. Mobile homes, manufactured homes, and homes purchased under a
contract for deed will not be eligible for this benefit. A police officer,whose home is annexed into
the City after the effective date of this Agreement, will not be eligible for this benefit. Should the
police officer fail to complete three (3) additional years from the filing of the reimbursement
request for any reason, such officer shall reimburse the City for all monies paid.
ARTICLE 9
TERMINAL LEAVE
Sick Time Payout Upon Retirement.
(a) Employees covered by this Agreement who retire while this Agreement is in effect
will be entitled to be paid $0.10 (ten cents) on the dollar for accumulated, unused
sick leave provided that they have at least 30 years of service with the City of
Baytown.
(b) This payout will be based on current salary and will be applied to sick leave
amounts remaining after the 120-day payout authorized by City policy.
ARTICLE 10
FITNESS PROGRAM
It is agreed that no officer hired before October 1, 2019 will be terminated because of
his/her inability to meet the standards of the physical fitness rowing program. The standards of the
physical fitness rowing program shall be set by the chief. All officers are required to participate in
all aspects of the program. Failure to participate, without the approved waiver, may result in
disciplinary action.
Qualifying participants shall receive:
Page 5 of 14
Ificr Total Annual Incentive
80%-90% $1,000.00
90%-100% $2,000.00
To be paid as determined by the City.
This article is not intended to preempt Texas Local Government Code Section 143.081.
ARTICLE 11
ALTERNATIVE HIRING
Section 1. Lateral Transfer Hiring Standards
Notwithstanding any provisions in Texas Local Government Code Chapter 143,the Parties
have agreed that the needs of the Police Department for qualified and capable personnel require
the adoption and implementation of these provisions to modify the hiring provisions in Texas
Local Government Code Chapter 143:
a. The City shall be authorized and entitled to hire peace officers from other law
enforcement agencies, or who have left such employment in good standing, in
accordance with the provisions and limitations contained in this article.
b. There shall not be a gap of more than two (2) years from the proceeding agency,
nor shall there be a gap of more than two(2)years throughout the officers combined
tenure of service.
c. For purposes of the pay scale, Police Officers, who (i) have experience in another
law enforcement agency as a peace officer, (ii) otherwise meet the qualifications
for a Police Officer in the Baytown Police Department, and (iii) are hired by the
City, shall be credited with up to eight (8) years of service, following certification
as a Texas Peace Officer, as follows:
Total Number of Completed Credited Years of Service in
Years of Service as a Peace the Baytown Police
Officer Department
1 1
2
3
----------
4 4
5 5
6 6
7 7
8 8
Page 6 of 14
This service credit applies only to the pay scale and does not apply to City longevity,
seniority, or department seniority for the purposes of shift picks, vacation picks or
promotional opportunities.
d. The training program for officers hired under this article shall be determined by
Chief of the Police Department.
The expiration of this Agreement after the hiring of any officer shall not affect the
employment of such officer, irrespective of the fact that the officer may not have finished the
academy or other training programs or requirements. This Article shall supersede all contrary
provisions in Texas Local Government Code Chapters 141, 142 and 143, including Sections
143.021 — 143.025.
Section 2. Procedures for Filing Be2inninv. Positions
The intent of this article is to create an on-going 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.
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.
Page 7 of 14
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 on-going 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.
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 10th 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
Page 8 of 14
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 and made a passing grade on the examination.
(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.
ARTICLE 12
DUES DEDUCTIONS
Upon receipt of a proper and signed authorization from an Association member and written
approval by the Association, the City will deduct from the Association member's pay, regular
Association dues in the amount set by the Association. The authorization shall be made on a form
supplied by the City. The Association shall notify the City of any change in the amount of regular
dues.
ARTICLE 13
COMPENSATION
Section 1. Base Compensation.
Effective the first full pay period of October 2025, Police Officers covered by this
Agreement shall be paid base compensation as reflected by the chart in Appendix A, which is
incorporated herein for all intents and purposes.
The Market utilized to review compensation for year one of this agreement (October 1,
2025 — September 30, 2026) was defined as Texas municipalities with police departments that
fall under Texas Civil Service Texas LGC 143 and have a population range of 75,000 to 350,000
Page 9 of 14
excepting those located in the counties contiguous with Mexico and located within the Texas
Panhandle. Comparative data was aged with a geographical differential applied and compared
to the 65th percentile to determine market alignment.
The Market definition to be utilized to review compensation after year one will be
determined with review and good faith efforts by the Baytown Municipal Police Association,
Inc. and the City of Baytown. Both parties will agree to determine an appropriate ongoing
market by April 2026.
Section 2. Certificate Pay.
Police Officers, who have completed the FTO program and have the following
certifications, shall be paid the following monthly certificate pay:
Monthly
Certification Certificate
Pay
Intermediate $100
Advanced $175
Master $250
Section 3. Field Training Program.
Police Officers who are appointed and assigned to the Field Training Program shall
receive the following monthly assignment pay:
Assignment Monthly
Certification Pay
FTO (PO) $250
FTO (SGT) $100
FTO (Coordinator) $100
Section 4. Education Pay.
Police Officers with a college degree shall be paid the following monthly incentive:
1)02,rcc Education
.c�cl Pay
Associate's $75
Bachelor's $125
Master's $150
Page 10 of 14
An Associate's degree must be specific to Policing, Criminal Justice or a closely related
field as approved by the Police Chief. Bachelor's and Master's degrees must be in Policing,
Criminal Justice, Public Administration, Business Administration, Emergency Management,
Leadership, or another field as approved by the Police Chief. Employees may receive only one
of the above education pay monthly incentives.
Section 5. Holiday Premium Pay.
Police Officers shall be entitled to a holiday premium pay of$350.00,in addition to their
regular pay, when they are scheduled, drafted, or called in to work for any portion of the
designated holiday. The holiday premium pay is limited to a one-time use, per designated
holiday, per year.
Designated Holidays: Thanksgiving, Day after Thanksgiving, Christmas Day, New
Year's Day
The Holiday premium pay shall be applicable to the above holidays, on the days
designated by the City.
Example: if the City designates two days as a holiday for Thanksgiving, then both days
shall qualify for holiday pay. If an officer works both designated days, they shall be paid the
holiday premium of$350 for each day they work.
Section 6. Special Team Assignment Pay.
Police Officers who are certified and assigned to a Special Team by the Police Chief
shall receive Special Team Assignment Pay. Once approved, the team members must maintain
all training and certification requirements for continued assignment pay. Team member status
shall be verified on an annual basis. Officers are eligible to receive only one (1) Special Team
Assignment Pay. Team members shall be paid the following monthly assignment pay:
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K9 $100.00
Bomb Squad $100.00
SWAT $100.00
CNT $100.00
Dive Team $100.00
Mental Health $100.00
Intoxilyzer $100.00
DRE $100.00
Drone $100.00
Crime Scene $100.00
Page 11 of 14
Detective $100.00
Mounted Patrol $100.00
Polygraph $100.00
Accident Recon $100.00
Bike Patrol $100.00
ARTICLE 14
INTERNAL AFFAIRS COMPLAINT PROCEDURE
The Association and the City agree that the Internal Affairs Complaint Procedure issued
on September, 12, 2024 under Directive No. BPD-GO 08.03, which is attached hereto as
Appendix B and incorporated herein for all intents and purposes, shall be effective throughout
the remaining term of this Agreement.
ARTICLE 15
COMPLETE AGREEMENT CLAUSE
This Agreement constitutes the full and complete Agreement of the parties and there are
no others, oral or written, except as specified in this Agreement. It is understood and agreed that
the Agreement may be amended only by mutual consent of the Parties to this Agreement subject
to the provisions of Chapter 142 of the Texas Local Government Code.
ARTICLE 16
SAVINGS CLAUSE
Should any provision of this Agreement be found to be inoperative, void or invalid by a
court of competent jurisdiction, all other provisions of this Agreement shall remain in full force
and effect for the duration of this Agreement, it being the intention of the Parties that no portion
of this Agreement or provision herein shall become inoperative or fail by reason of the invalidity
of any other portion or provision.
ARTICLE 17
REOPENER
Section 1. Wage Reopener.
The Association may reopen this Agreement for the sole purpose of negotiation of wages
for Year 4 of this Agreement. The year shall commence and end as follows:
Year 4 -October 1, 2028 through September 30, 2029
Page 12 of 14
If the Association desires to reopen this Agreement, it shall notify the Employer in writing.
Such notice shall include a detailed list of the modifications or changes desired and supporting
documentation and must be received by the City prior to the following dates:
Year 4 - One hundred twenty(120) days prior to September 30, 2028
The Association may reopen this Agreement for the sole purpose of negotiation of wages
for Year 5 of this Agreement. The year shall commence and end as follows:
Year 5 - October 1, 2029 through September 30, 2030
If the Association desires to reopen this Agreement, it shall notify the Employer in writing.
Such notice shall include a detailed list of the modifications or changes desired and supporting
documentation and must be received by the City prior to the following dates:
Year 5 - One hundred twenty(120) days prior to September 30, 2029
Upon receipt of such written notice by the Employer, negotiations will commence. Except
as provided below nothing herein shall be construed to allow reopening any other provision of this
Agreement. This section only authorizes the Association to reopen only Article 11 Section 1
concerning wages for the year hereinabove stated.
Should the Association notify the City of its intent to reopen Article 11 Section 1 then the
City may designate one article of this Agreement to reopen.
Section 2. Wages for Year 4 and 5
The wage increase will be no less than the wage increase received by the majority of all
other non-civil service employees.
Section 3. Status Once Contract is Reopened.
If the Contract is reopened pursuant to Section 1 hereinabove, it is expressly understood
and agreed that until a new agreement concerning the opened articles is reached,the opened articles
as specified in the Agreement will be in full force and effect and will be binding upon the parties
hereto.
ARTICLE 18
LEADERSHIP AND ASSOCIATION RELATIONS COMMITTEE
The City and the Association,having recognized that the cooperation between the City and
Association is indispensable to the accomplishment of sound and harmonious labor relations, shall
jointly maintain and support a Leadership and Association Relations Committee. The Leadership
and Association Relations Committee may consider, discuss, and recommend to the Chief or City
Leadership any concerns pertaining to City and Association's relationship. The Association shall
Page 13 of 14
designate its representatives. The Leadership and Association Relations Committee may meet
quarterly or at the call of either the Association's President or the City's representative at times
mutually agreeable to both Parties.
ARTICLE 19
DURATION OF AGREEMENT
This agreement shall become effective on October 1, 2025, after execution by the Mayor
of the City Council of the City after ratification by the affected employees pursuant to a vote
conducted by the Association and after approval by the City Council. It shall continue in effect
until September 30, 2030, unless terminated in accordance with Section 142.065 of the Texas
Local Government Code.
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED TO HAVE THIS
AGREEMENT TO BE SIGNED BY THEIR DULY AUTHORIZED REPRESENTATIVES ON
THIS DAY OF , 2025.
CITY OF BAYTOWN BAYTOWN MUNICIPAL POLICE
ASSOCIATION, INC.
CHARLES JOHNSON, Mayor ADRIAN SOTO, President
ATTEST: ATTEST:
ANGELA JACKSON, City Clerk (Signature)
(Printed Name)
(Title)
Page 14 of 14
APPENDIX A
SALARY CHARTS
Year 1
Effective the first full pay period of October 2025
Police Officer
Year in Rank Base Annual Hourly
Probationary $80,622 $38.76
1 $83,456 $40.12
2 $86,398 $41.54
3 $89,405 $42.98
4 $92,542 $44.49
5 $95,765 $46.04
6 $99,594 $47.88
7 $103,574 $49.80
8 $107,727 $51.79
Sergeant
Year in Rank Base Annual Hourly
Yrs <3 $119,322 $57.37
Yrs >3 $126,634 $60.88
Lieutenant
Year in Rank Base Annual Hourly
Yrs <3 $139,894 $67.26
Yrs >3 $145,540 $69.97
Assistant Chief
Year in Rank Hourly
Yrs <3 $173,921 $83.62
Yrs >3 $184,521 $88.71
A-1
Year 2
Effective the first full pay period of October 2026
Police Officer
Year in Rank Base Annual Hourly
Probationary $84,049 $40.41
1 $87,003 $41.83
2 $90,070 $43.30
3 $93,205 $44.81
4 $96,475 $46.38
5 $99,835 $48.00
6 $103,826 $49.92
7 $107,976 $51.91
8 $112,306 $53.99
Sergeant
Year in Rank Base Annual Hourly
Yrs <3 $124,393 $59.80
Yrs >3 $132,016 $63.47
Lieutenant
Year in Rank Base Annual Hourly
Yrs <3 $145,840 $70.12
Yrs >3 $151,726 $72.94
Assistant Chief
Year in Rank Hourly
Yrs <3 $181,313 $87.17
Yrs >3 $192,363 $92.48
A-2
Year 3
Effective the first full pay period of October 2027
Police Officer
Year in Rank Base Annual Hourly
Probationary $87,831 $42.23
1 $90,918 $43.71
2 $94,123 $45.25
3 $97,399 $46.83
4 $100,816 $48.47
5 $104,327 $50.16
6 $108,499 $52.16
7 $112,835 $54.25
8 $117,360 $56.42
Sergeant
Year in Rank Base Annual Hourly
Yrs <3 $129,991 $62.50
Yrs >3 $137,956 $66.33
Lieutenant
Year in Rank Base Annual Hourly
Yrs <3 $152,402 $73.27
Yrs >3 $158,553 $76.23
Assistant Chief
Year in Rank Hourly
Yrs <3 $189,472 $91.09
Yrs >3 $201,019 $96.64
A-3
APPENDIX B
BAYTOWN POLICE DEPARTMENT
BPD-GO
08.03
SECTION: ADMINISTRATION
TITLE: Amended Internal Affairs Complaint Procedure
ISSUED: Date Approved and Ratified Replaces: 08.03 (Issued 03/23/2022)
b Cit & Association
TX BP: 2.04 2.05 2.06 2.07 2.09 2.10 2.14 Chief of Police
John Stringer
SCOPE: This policy is applicable to all members of the Baytown Police Department
RESPONSIBILITY: It shall be the responsibility of affected personnel to familiarize
themselves with and adhere to this written directive.
I. PURPOSE
1.01 The purpose of this directive is to inform all Civilian and Civil Service
employees of the Baytown Police Department procedures for addressing
complaints of misconduct.
II. POLICY
2.01 It is the policy of this department to investigate all complaints of alleged
employee misconduct, and to equitably determine whether the allegations are
valid or invalid and to take appropriate action.
III. DEFINITIONS
3.01 Administrative Complaint - A complaint that alleges the Police Department
employee violated a department policy and / or procedure.
3.02 Civil Service Employee — An employee as defined under Texas Local
Government Code, Chapter 143.
3.03 Civilian Employee — An employee not categorized as a Civil Service
employee.
3.04 Criminal Complaint - A complaint that alleges the Police Department
employee violated a statute that could result in a jail sentence and / or a fine.
3.05 External Complaint - An external complaint is any complaint initiated by a
member of the public, or any person outside the employment of the Baytown
Police Department.
3.06 Internal Affairs Unit - The office ultimately responsible for conducting
investigations into allegations of employee misconduct. The I. A. Unit is
directly under the direction of the Chief of Police.
3.07 Internal Complaint - An internal complaint is any complaint initiated by an
employee of the Baytown Police Department.
3.08 Interrogation - The specific questioning of an employee regarding alleged
criminal conduct in violation of a City, State, or Federal statute where
Constitutional protections apply.
3.09 Personnel Complaint - A personnel complaint is any charge of misconduct
against an employee, which, if true, would adversely affect the department's
DEPARTMENT POLICIES AND PROCEDURES Page 1 of
12
INTERNAL AFFAIRS COMPLAINT PROCEDURE 08.03
operational efficiency or relations with the public and / or fellow City of
Baytown employees. The complaint may be internal or external, and includes
but is not limited to a formal complaint, a citizen's concern, and a department
initiated review of an incident.
3.10 Questioning / Interview - The questioning / interview of an employee
regarding the violation of an internal policy or procedure, or other employee
rule, where the employee is required to respond as a condition of
employment.
IV. PROCEDURES
4.01 Supervisor's Role
A. The primary responsibility for maintaining and reinforcing employee
conformance with the standards of professionalism and conduct of this
department shall be with the employee and the first line supervisors.
B. Should the violation involve an incident of a serious nature (see section
C-1 below), the supervisor detecting the violation or potential pattern of
misconduct shall, as soon as practical, relieve the employee of their
duties and order them to report to the central police station.
C. As soon as practical, the sergeant / first-line supervisor shall notify the
lieutenant, and then the lieutenant shall notify the effected Bureau
Commander. In the event the lieutenant is unavailable, the sergeant shall
notify the Bureau Commander. The Internal Affairs Unit may be notified
immediately through computer electronic mail or other method at the
Bureau Commander's discretion, but within twenty-four (24) hours of
receiving notification of the violation. The Bureau Commander shall
determine the seriousness of the violation and, if warranted, shall relieve
the offender from duty and take custody of his / her badge, credentials,
city-issued firearm, and vehicle if applicable. The offender will be
instructed to report to the office of the Chief of Police or his designee at a
time determined by the Chief of Police or his designee. (Refer to section
3.08 of Code of Conduct BPD G.O. # 1.02) (BP 2.07)
1. The Bureau Commander shall immediately relieve the offending
employee from duty in any of the below listed violations:
a. Drinking of an intoxicating beverage while on duty (except where
approval has been granted by a Bureau Commander due to a
special assignment);
b. Showing up for work under the influence of alcohol or drugs of any
kind;
c. Willful disobedience of any lawful order issued to him / her;
d. Unnecessary violence toward any person;
e. Sleeping on duty;
f. Disrespect shown to a supervisor or acting supervisor;
g. Accepting a bribe;
h. Cowardice;
i. Conduct subversive to the good order and discipline of the
department;
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j. Gross Misconduct; or
k. Lying to a supervisor or acting supervisor. (BP 2.14)
D. A written report of the incident shall be submitted by the supervisor, who
shall also be present at the office of the Chief of Police, or his designee
at the time the offender reports.
E. Supervisors shall familiarize themselves with the employees in their
charge, and closely observe their general conduct and appearance on a
daily basis and direct adjustments when appropriate and necessary.
F. The supervisor may use and document counseling as follows:
1. To determine the extent of any personal or job problems that may be
affecting performance and to offer assistance and guidance;
2. To discuss minor and infrequent rule violations, and to discuss the
substance and importance of the rules with the employee;
3. To refer the employee to a peer that may be able to provide
assistance or counsel; or
4. Referring or making the employee aware of, or directing them to, the
City's Employee Assistance Program or other formal professional
service, remedial training, or other training that may assist the
employee.
4.02 Complaints
A. All complaints pertaining to departmental policies or procedures, or those
that allege employee misconduct shall be documented and investigated
by the department. (BP 2.04, 2.06)
1. Complaints may be received in person, over the telephone, by mail,
or computer e-mail.
2. Anonymous complaints, or complaints from citizens who wish their
names to be held in confidence, shall be accepted for investigation. If
the anonymous complaint can be substantiated through investigation,
the Administration of the Baytown Police Department may become
the complainant and will verify the complaint in writing.
a. Any complaint that is not received in writing and /or is not signed,
or the complainant's identity cannot be verified, cannot be
considered by the Chief of Police regarding disciplinary action.
(Refer to H.B. No. 639, Subchapter B, Sections 614.022 and
614.023)
B. Any supervisor of the department who is approached for such assistance
may accept internal or external personnel complaints.
1. Citizens wishing to make a personnel complaint between 0800 and
1600 may be referred directly to the Internal Affairs Unit for assistance
if they are available. However, first and second line supervisors
should make all reasonable efforts to resolve complaints that are
considered minor or common such as rudeness, speeding, etc.
C. The supervisor receiving the complaint shall document the complaint in
the departmentally approved software tracking system as soon as
possible.
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1. The supervisor taking the initial complaint shall access the
departmentally approved software tracking system and include all
available information regarding the allegation provided by the
complainant.
2. Upon completing the initial complaint in the departmentally approved
software tracking system, the supervisor shall print a copy of the
complaint and provide it without cost to the complainant as a receipt
that the allegation has been received for investigation. (BP 2.10)
3. After completing any follow-up, as outlined in section 4.03
(Investigations by a Supervisor), the complaint shall be forwarded
through the chain-of-command, via the departmentally approved
software.
D. In the event the computer is malfunctioning or otherwise unavailable, the
complaint shall be submitted to the Internal Affairs Unit in writing on the
Personnel Complaint Form, BPD Form #140.
1. The supervisor taking the complaint will fill out the top half of the form,
getting the appropriate information from the complainant.
a. If the complainant is present, have them write a brief statement of
the incident about which he or she is complaining. Additional
sheets of paper may be attached to the original complaint
document.
b. The written statement may be dictated to the supervisor receiving
the complaint, typed on a typewriter or computer, or handwritten
by the complainant as is their preference. The supervisor shall
review the statement for attention to detail and clarity before the
complainant signs the statement.
c. Once the supervisor and complainant have reviewed the
statement, the complainant should read the warning about
false reports to a police officer and then sign and date the
form.
2. If the complaint is taken over the phone or by any means other than
in person, the supervisor shall complete the narrative portion of the
complaint entitled "Nature of Complaint."
3. The supervisor taking the complaint shall complete the "Complaint
received by" section of the form and show location and / or extension
where the complaint was received.
4. After completing the Personnel Complaint form, the supervisor shall
promptly forward the complaint to the Internal Affairs Unit before
completion of their duty shift.
a. The submission of the complaint in writing will be
accomplished by placing the document under the door to the
office of the Internal Affairs Unit.
E. The supervisor may attempt to resolve a complaint by an explanation of
departmental policies and procedures, where applicable. Attempts to
resolve complaints may be noted on a separate narrative sheet of paper
and attached to the Personnel Complaint Form.
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F. When applicable, the receiving supervisor should also:
1. Take photographs of injuries or damaged property; and
2. Get medical releases signed, in duplicate, for each doctor or hospital
treating an injured complainant.
G. The supervisor receiving the complaint shall notify the Chief of Police as
soon as practical, when the complaint involves an allegation of a serious
nature such as, but not limited to: (BP 2.07)
1. A citizen dying in police custody or as a result of police action;
2. A citizen becoming seriously injured, and / or hospitalized due to the
actions of an employee;
3. A fleet accident or other incident where a citizen is injured or property
damage is significant;
4. A felony criminal allegation against an employee;
5. An employee being relieved of duty; or
6. Other circumstances that may result in additional inquiries made by
the public and / or media representatives.
H. Minor or common complaints alleging the violation of policies or
procedures such as rudeness or speeding, etc., does not require the
immediate notification of the Chief of Police. (BP 2.07)
4.03 Investigations by a Supervisor
A. Upon becoming aware of or receiving notification of potential misconduct
by an employee, a supervisor shall begin an immediate investigation into
such allegations. The types of complaints that may be handled by the
front line supervisors are those that are related to but not limited to
rudeness, tardiness, insubordination, and uniform or equipment
violations, or procedural violations. (BP 2.06)
B. The supervisor's investigation shall include questioning the employee,
witnesses and complainant(s), and securing all relevant evidence if
possible.
C. Prior to his / her duty shift ending, the supervisor shall forward the
complaint and any follow-up investigation to the Bureau Commander, via
chain-of-command.
4.04 Responsibilities of Internal Affairs Unit (I.A.)
A. While investigating a complaint of misconduct, the Internal Affairs Unit is
delegated the authority of, and reports directly to, the Chief of Police for
the purposes of directing and reviewing any investigation.
1. The Chief of Police shall be granted unlimited access to all Internal
Affairs hard files or computer databases, except for specific files
where the Chief of Police is the subject of the investigation.
B. Internal Affairs shall have primary supervisory responsibility for the review
and investigation of all complaints against employees, whether initiated
by a citizen or the department. (BP 2.06)
C. Upon receipt of a complaint, an initial determination whether to assume
primary investigative responsibility for the case or to refer it to an
appropriate supervisor shall be made. The Internal Affairs Unit shall
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review and number all new complaints entered into the departmentally
approved database. Any serious allegations will be forwarded to the
Internal Affairs Unit for investigation. Minor rule violations will remain in
the departmentally approved database for assignment. A supervisor's
investigation may be ordered stopped at any time, and full investigative
authority assumed by the I.A. Unit. (BP 2.06)
D. Allegations of misconduct that could result in discharge, suspension, or
demotion shall be investigated by the I.A Unit. (BP 2.06)
E. Allegations of criminal misconduct may be referred to the Investigations
Division for investigation, but the Internal Affairs Unit shall be advised of
the investigation.
F. Upon receipt of a citizen's complaint, the I.A. Unit shall contact the
complainant and advise them that the allegation is under investigation,
and that the complainant shall receive written notice of the final
disposition of the case. I.A. shall advise the complainant of departmental
procedures for the processing and investigation of citizen complaints. (BP
2.10)
1. The assigned Internal Affairs investigator or assigned supervisor shall
provide a periodic status report to each complainant, particularly
within ninety (90) days after the complaint is received if the
investigation has not yet been completed. (BP 2.10)
2. Upon conclusion of the investigation, the complainant shall be notified
in writing by the Internal Affairs Unit of the "conclusion of fact", or
complete results of the investigation. (BP 2.10)
3. This notification shall be accomplished by sending a letter to the last
known address of the complainant. The notification shall outline the
results of the concluded investigation to include the final disposition
of any allegation of misconduct made or discovered during the
investigation, as well as a contact number in the event of any
questions. (BP 2.10)
G. The Internal Affairs Unit shall have the following additional
responsibilities:
1. Maintenance of a complaint log;
2. Maintenance of a central file for complaints in secure file cabinets in
a location designated by the Chief of Police, kept in conformity with
state law;
a. The computerized departmentally approved database shall be
password protected and access limited as directed by the
Chief of Police. (BP 2.09)
3. Conducting a regular audit of complaints to ascertain the need for
changes in training, equipment, or policy;
a. An Internal Affairs Investigator shall be the administrator of the
departmentally approved computer database.
b. The departmentally approved database administrator shall
collaborate with the Chief of Police to set the database
parameters that will trigger an alarm if a complaint against an
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employee exceeds the established limits for that employee, for
that category of complaint, use of force, fleet accidents, or
other established criterion for conduct and behavior.
4. Continually make available to the public, as well as City and
department employees, information on the procedure for registering
complaints against or to commend a Police Department employee.
This availability is accomplished by, but not limited to:
a. Placing Department approved brochures outlining the process
in public areas of the primary police buildings at 3200 North
Main Street and 220 West Defee Street;
b. Web page outlining process on the City of Baytown Internet
web site; and
c. Providing a specific extension and telephone number in the
regularly published telephone book.
5. Internal Affairs may recommend to the Chief that a case be referred
to the Harris County District Attorney's Office for criminal charges.
4.05 Refusal to comply with an order to answer such questions truthfully or fully
cooperate in the administrative investigation is viewed as refusing a lawful
order, which will subject the employee to additional discipline up to, and
including indefinite suspension. (BP 2.14)
A. Any required self-incriminating admission made during the interview may
only be used in subsequent administrative proceedings, and shall not
be used against the employee in subsequent criminal proceedings if
applicable. (Refer to Garrity v. New Jersey, 385 U.S. 493 (1967))
4.06 The employee may electronically record the interview / interrogation in any
manner (audio and / or video), but all equipment shall be furnished by the
employee, except that a power source at the interview/ interrogation
location may be used if available.
4.07 Counsel at Administrative Interview
A. Employees will be permitted to have an attorney, union or association
representative, supervisor, or other personal representative with them in
the room during any interview concerning allegations of misconduct by
the employee.
B. The employee's representative is limited to acting as an observer of the
interview. Except when the interview focuses on, or leads to evidence of
potential criminal activity by the employee, an employee's legal
representative may not advise and confer with the employee during the
interview.
C. The employee's representative will not be permitted to actively participate
in the interview regarding an administrative investigation.
4.08 Special Examinations
A. An employee under investigation may request a breath test, blood, urine,
polygraph, psychological, or medical examination if it is believed that such
an examination would be beneficial to his or her defense. Also, the
department may require such examination upon the direction of the Chief
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of Police. The requesting party is responsible for any cost associated with
the request.
B. An on-duty supervisor shall order an employee to submit to a breath,
blood, or urine test when a level of inebriation or drug usage is suspected
as the factor directly related to duty performance or operating a
department vehicle. The Police Department employee is expected to
comply with such an order (Refer to Command and Control BPD G.O. #
1.03, section 3.02-D and Chapter 4, section 4.09 of Baytown Local Civil
Service Rules.).
C. Police Department employees may be required to voluntarily provide a
financial disclosure statement when specific and narrowly defined
parameters are established that outline the focus of the investigation.
1. In the event the Police Department employee refuses to provide the
financial statement, the investigator may attempt to obtain a court
order so as to produce the information.
2. When the request for the financial records is in reference to an
administrative investigation only, the police department employee
cannot refuse the order to produce the records.
D. If an identification line-up is solely for administrative purposes, and
criminal prosecution is not anticipated, an employee can be required to
participate in a line-up. However, whenever possible, the employee
images that are digitally maintained by the department can be used in lieu
of a physical line up for identification purposes.
E. Property belonging to the department is subject to inspection where the
employer has a reasonable suspicion that evidence of work-related
misconduct will be found therein. Property includes, but is not limited to,
vehicles, desks, files, and storage lockers.
F. In the event that the department orders a polygraph for an employee, the
complainant must also agree to submit to a polygraph and then pass the
examination, before the employee must take the examination.
1. The subject matter of the polygraph shall be confined to the internal
operations of the organization employing the employee, and only
administered when the complaint does not appear to be invalid based
on information available when the polygraph is ordered.
G. The Chief of Police or his designee may require the employee to submit
to a polygraph examination under section 614.063 of the Texas Local
Government Code if the Chief considers the circumstances to be
extraordinary, and the Chief believes that the integrity of a peace officer
or the organization is in question. The Chief of Police or his designee shall
provide the officer or non-sworn employee with a written explanation of
the nature of the extraordinary circumstances, and how the integrity of an
officer or the department, or the City of Baytown may be in question.
4.09 Employee's Rights during an Administrative Investigation conducted by the
Internal Affairs Unit
A. The department employee shall be notified of their Constitutional rights
and the specific allegations against them.
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1. Notification will be in writing (but perhaps not verbatim) and will
include:
a. That the employee is the subject of an internal investigation
concerning allegations of administrative violations,
b. The specific allegation(s) of misconduct the employee must
answer to,
c. That the employee can be required within a specified time
period to answer all questions specifically, narrowly, and
directly related to the performance of his or her official duties,
and
d. That the employee can be required to answer these questions
truthfully and honestly. (BP 2.14)
B. The employee under investigation must receive the written notification at
least forty-eight hours prior to any interview or special examination.
C. When possible, interviews will be conducted while the employee is on
duty.
D. The interview will be held at the police station or at a location agreeable
to both parties.
E. An investigator should not conduct an interrogation or interview of a police
employee who is the subject of an investigation, or any part of the
investigation, at the employee's home without permission.
F. Before an investigator may interrogate a Police Department employee
who is the subject of a criminal investigation,
1. The investigator must inform the employee in writing of:
a. The nature of the investigation;
b. The specific allegation(s); and
c. The name of each person who complained about the
employee.
2. The investigator shall read the police employee the "Miranda" rights.
The provisions of Miranda v. Arizona (legal statutory warning) will be
adhered to throughout the interrogation.
G. An investigator may not conduct an interrogation of a Police Department
employee based solely on an allegation by a complainant who is not an
officer, unless the complainant verifies the complaint in writing by signing
the document.
H. An investigator may interrogate a police department employee about
events or conduct reported by a witness who is not a complainant without
disclosing the name of the witness.
I. Employees under investigation shall be treated professionally at all times
during the investigative process. No promise or reward shall be made by
members of the I.A. Unit as an inducement to answer any questions.
J. An Internal Affairs investigator may electronically record the interview in
any manner to include, but is not limited to, audio and / or video, but all
equipment needs shall be furnished by the investigator / department,
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except that a power source available at the interview location may be
used by either the employee and / or the investigator.
K. Accused employees may contact the assigned investigator to ascertain
the status of the investigation of a complaint filed against them.
L. The accused employee shall be given an opportunity to explain his / her
actions to the Chief of Police prior to the imposition of any disciplinary
action.
4.10 Intervention
A. Supervisors should remain alert for indications of behavioral problems or
changes that may affect an employee's normal job performance. The
supervisor should document such information in the departmentally
approved computerized database with an Internal Employee Consultation
or an Employee Performance Notice, as they are crucial elements in the
detection and early intervention of potential problems.
B. Where a supervisor perceives that an employee may be having or
causing problems, the supervisor should assess the situation, determine
the most appropriate action, and attempt to work with the employee while
providing direction and assistance.
C. A supervisor should recommend and facilitate additional training to
refresh and reinforce an employee's skills, particularly when necessary
skills are found to be lacking. This is particularly noted regarding firearms
qualification in section X of Duty Weapons BPD G.O. # 7.02.
D. In the event the Internal Affairs Unit discovers a potential pattern of
behavior or conduct that could warrant intervention, the Internal Affairs
Unit or any Bureau Commander discovering a potential need for
intervention, should call for a meeting of all Bureau Commanders to
discuss intervention necessity and options.
E. The Internal Affairs Unit will provide to the Bureau Commander's meeting,
a brief synopsis of an employee's history known by Internal Affairs, as it
pertains to any complaints regardless of the finding. This synopsis should
also be supplied to the Disciplinary Review Board whenever it convenes.
A more detailed brief may be requested by the Bureau Commanders.
4.11 Command Action
A. Upon receipt of a supervisor's report concerning a violation of rules, the
Bureau Commander shall forward a copy to the Internal Affairs Unit.
B. Upon review of the case, the Bureau Commander may determine that
further investigation is required, and order such investigation. Where I. A.
has assumed responsibility for an investigation,the Bureau Commander's
investigation will be suspended.
C. After completion of all investigations, the Bureau Commander shall
forward to Internal Affairs a full report stating recommendations for
disposition of the case, along with the supporting evidence for such
recommendations.
4.12 Chief's Action
A. Upon receipt of a supervisor's findings on a disciplinary matter, or upon
completion of an internal investigation, the investigating entity shall
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submit findings to the Chief as to whether a violation has been sustained
according to the evidence.
B. The Chief shall review the report and supporting documents, and shall
give final approval of the disposition of the case as follows:
1. Sustained: Evidence sufficient to prove allegations.
2. Not sustained: The complaint can be neither proved nor disproved.
3. Exonerated: Incident occurred but was lawful or proper.
4. Unfounded: The available evidence does not support the complaint.
5. Policy Failure: Flaw in policy caused the incident.
6. Administratively Closed:
a. When an administrative inquiry has been conducted and no
misconduct is discovered;
b. the Chief of Police has reviewed the complaint and confirmed
that the case should be closed; or
c. the complainant failed to follow through with the complaint
process.
C. Upon final approval, the Chief of Police may:
1. Affix his actual or electronic signature to the case indicating its closure
with no action taken against the employee;
2. Return the disciplinary actions and / or remedial training
recommendations to the employee's supervisor for service and
execution of the decision; or
3. Convene the Disciplinary Review Board and provide the Board with
the probable cause and documentation, with which to discuss and
arrive at a consensus for the presentation of a discipline and / or
remedial action recommendation back to the Chief.
4.13 Time Limitations (BP 2.05)
A. Administrative Investigations will be completed within sixty (60) days.
1. The Chief of Police may grant extensions when an administrative
investigation cannot be completed within a sixty (60) day time frame
from when the complaint was first received.
2. For Civil Service employees only, there are no provisions available for
an extension of an alleged administrative violation beyond the 180
days from the time the incident is to have occurred.
B. Criminal Investigations will be completed with ninety (90) days.
1. The Chief of Police may grant extensions when a criminal
investigation cannot be completed within a ninety (90) day time frame
from when the complaint was first received.
C. If the act is allegedly related to criminal activity including the violation of a
federal, state, or local law for which the officer is subject to a criminal
penalty, the department head may not complain of an act that is
discovered earlier than the one hundred eightieth (180') day preceding
the date the department head suspends the officer.
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1. The department head must allege that the act complained of is related
to criminal activity.
2. Any desired extension of these limitations requires written approval of
the Texas Attorney General.
3. Only a criminal investigation may be extended with the approval of the
Attorney General.
4.14 Disciplinary actions will be in accordance with Texas Local Government
Code, Chapter 143, the City of Baytown Police Officers' and Firefighters' Civil
Service Rules and Regulations and the City of Baytown Personnel Rules as
well as any and all applicable Departmental Directives.
4.15 Appeals of disciplinary actions shall be presented and handled according to
the City of Baytown Personnel Policy; Discipline, Appeals, Grievances,
Chapter 10; in particular Sections 8 & 9; and Local Civil Service Rules
Chapter 12 when applicable.
APPROVED BY:
O' fvt.
J. Stringer
Chief of Police
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