Ordinance No. 16,343 (Item 8.g.)ORDINANCE NO. 16,343
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 1173; 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
Collective Bargaining Agreement between the City of Baytown, Texas, and the International Association
of Firefighters Local 1173. A copy of said agreement is attached hereto as Exhibit "A" and incorporated
herein for all intents and purposes.
Section 2: This ordinance shall take effect on January 12, 2026.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the I 1 th day of December, 2025.
` T .
ATTEST:
a u,
W
ANGELA ,, SON, City Clerk
APPROVED AS TO FORM.-,.
, City Attorney
I i- -Ij —
C ARLES JOHNSYN, ayor
R:\Ordinances and Resolutions\Ordinance Drafts\2025-12-I1\Ordinance Authorizing the Collective Bargaining Agreement 2025.docx
EXHIBIT "A"
COLLECTIVE BARGAINING AGREEMENT
between
THE CITY OF BAYTOWN, TEXAS
and
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 1173
JANUARY 12, 2026 — SEPTEMBER 30, 2030
TABLE OF CONTENTS
ARTICLE NO.
DESCRIPTION
PAGE NO.
1
Preamble
3
2
Recognition
3
3
Management Rights
3
4
Applicability of City's Rules and Policies
5
5
Union Membership Not Required/
Non -Discrimination
5
6
No Strike Clause
6
7
Dues Deductions
7
8
Age Limit for New Hire
7
9
Probationary Period
7
10
Post -Hiring Requirements
8
11
Relocation Expenses for New Hires
9
12
Closing Cost Reimbursement for firefighter
10
13
Reimbursement of Paramedic Training
Tuition
10
14
Lateral Base Pay
11
15
Leave of Absence
12
16
Reappointment
12
17
Vacation
13
18
Holidays
14
19
Sick Leave
14
20
Insurance Benefits
14
21
Hours of Work
14
1
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Overtime
15
Shift Exchanges and Employee Substitutions
18
Time Off for Association Business
19
Compensation
21
Personnel Reduction
24
Promotions
25
Procedures for Filling Beginning Positions
27
Duties
31
Political Activity
32
Drug and Alcohol Testing
33
Disciplinary Action
33
Grievance Procedures
34
Wellness Initiative
36
Terminal Leave
39
Retirement
40
Fire/EMS Merger
40
Miscellaneous Provisions
40
Savings Clause
41
Scope of Agreement
42
Reopener
42
Duration
43
Appendix A — Salary Charts
Appendix B — Fire/EMS Merger Article from the 2010-2016 Collective
Bargaining Agreement
2
ARTICLE 1.
PREAMBLE
Section 1.
This Agreement between the City of Baytown, Texas, hereinafter referred to as the
"Employer" or the "City," and the Baytown Professional Firefighters Association, Local 1173,
hereinafter referred to as the "employees" or the "Union," is entered into in order to meet the
statutory mandate of Chapter 174 of the Texas Local Government Code.
Section 2.
It is the intent and purpose of this Agreement, entered into by the City of Baytown, Texas,
and the Union to achieve and maintain harmonious relations between the parties and to engage in
good faith collective bargaining pursuant to Chapter 174 of the Texas Local Government Code.
This Agreement has been reached through the collective bargaining process with the objective of
fostering effective cooperation between the City and its firefighters.
ARTICLE 2.
RECOGNITION
The City of Baytown recognizes the Baytown Professional Firefighters Association, Local
1173 International Association of Firefighters, as the sole and exclusive bargaining agent for all
firefighters employed by the City of Baytown as that term is defined in Section 174.003 of the
Texas Local Government Code, with the sole exception of the Fire Chief. By this term, it is
intended to include all permanent paid employees of the Fire Department who have been hired in
substantial compliance with provisions of the Texas Local Government Code, Chapter 143, but
does not include civilians or other employees.
ARTICLE 3.
MANAGEMENT RIGHTS
It is expressly agreed that all management rights that ordinarily vest in and are exercised
by the Employer, except those which are clearly and expressly relinquished herein by the
Employer, shall continue to vest exclusively in and be exercised exclusively by the Employer. The
Employer shall retain all powers, duties, and rights established by Constitutional provision, State
statute, City ordinance, City Charter and/or other source of law, and departmental rules, standing
orders and/or instructions, and retains the power to act or not to act, as it deems appropriate. This
shall include, but not be limited to, the right to:
(1) Manage, determine, and control the use, location, and delivery of City services,
City equipment, property, facilities and City operations, direct the work forces
and City affairs; schedule maintenance of all City equipment and facilities.
(2) Determine the Fire Department's activities and set forth all standards and types
of service offered to the public, including contracting with other entities to
provide fire and related services outside the corporate boundaries of the City.
(3) Allocate and assign work to employees, modify tasks assigned to employees,
assign employees to shifts, determine the number of shifts, hours of work,
starting time, and schedule all of the foregoing. The City retains the right to
establish, modify, or change any shifts, starting . times and/or work schedules
and assignments.
(4) The City retains the right to direct employee activities, including determination
of qualification, the right to hire, promote, suspend, discipline, discharge and
transfer employees, and to determine the size of the work force and to curtail
activity when necessary, by laying off employees due to lack of work or for
other reasons in the judgment of the Employer, the right to recall employees
from layoff, except as specifically limited by the terms of this Agreement; the
right to set and administer policy regarding wages and fringe benefits,
including, but not limited to, retirement contribution, scope of insurance and
City's participation in costs, if any, number of days of vacation, sick leave and
designated holidays, and to modify same at its discretion, to the extent not
inconsistent with this Agreement.
(5) Determine services and employee tasks to be performed and methods,
schedules, standards, means and processes of the work, changes, or the
institution of new and/or improved methods.
(6) Adopt, modify, implement and rescind City and Fire Department rules and
regulations, performance and discipline rules, regulations and penalties for
violation thereof.
(7) Use civilians in the Fire Department to perform duties that are not reserved for
sworn firefighters in Section 143.003(4) of the Texas Local Government Code.
Civilians performing duties in the Fire Department are not subject to the terms
of this Agreement.
(8) The City shall have exclusive authority to enter mutual aid agreements,
automatic aid agreements, and agreements necessary for compliance with State
law(s) affecting operations, such as annexation laws. Further, in the event of
an emergency, as declared by the Mayor or his/her designee, the City may
obtain outside emergency resources.
The rights listed above are not all inclusive, but enumerate, by way of illustration, the type
of rights which belong to the Employer; and any other rights, powers, or authority the Employer
had prior to the signing of this Agreement are retained by the Employer, except those which are
clearly and specifically relinquished in this Agreement. The withdrawal by the City of any of its
proposals shall not be construed as a waiver of any legal right the City is entitled to exercise, based
on its inherent management rights.
4
ARTICLE 4.
APPLICABILITY OF CITY'S RULES AND POLICIES
Section 1. City Rules and Policies Apply.
It is understood and agreed that unless modified by this Agreement, the City's Personnel
Policies and Rules, the City's Civil Service Rules and Regulations, as well as the Baytown Fire
Department Rules and Regulations, and standing and temporary orders shall continue to apply to
employees covered by this Agreement. It is also understood and agreed that the City and the Fire
Chief and/or his or her designee, at their sole discretion, may create or modify these policies, rules
and regulations at any time, so long as the creation or modification does not conflict with a specific
provision of this Agreement.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
ARTICLE 5.
UNION MEMBERSHIP NOT REOUIRED/NON-DISCRIMINATION
Section 1. Non -Discrimination.
Neither the Employer nor the Union shall discriminate against, or cause the other to
discriminate against any member of the bargaining unit on account of the employee's race, sex,
creed, color, age, national origin, sexual orientation, disability or veteran's status.
Section 2. Agreement's Applicability.
The City and the Union agree that the provisions of this Agreement shall be applied to all
employees within the bargaining unit without regard to affiliation or membership or non-
membership in the Union.
Section 3. Voluntary Membership.
Membership in the Union is voluntary. Each employee has the right to join and maintain
membership in the Union. The employee, likewise, has the right to refrain from joining, or to
withdraw from membership in the Union. Neither the City nor the Union shall exert any pressure
for or against any employee covered by this Agreement in regard to such matters.
Section 4. No Harassment.
The Union further agrees that there shall be no interference with the free right of any
employee of the City to enter and leave its premises and property unmolested and without
harassment.
ARTICLE 6.
NO STRIKE CLAUSE
Section 1. Strike Definition.
"Strike" means, whether done in concert or individually, a failure to report for duty, the
willful absence from one's position, the stoppage of work, or the abstinence in whole or in part
from the full, faithful, and proper performance of the duties of employment (including, but not
limited to, "slowdowns," "sick-outs," and sympathy strikes), for the purpose of inducing,
influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations
of employment.
Section 2. No Strike.
Neither the Union nor any employee shall authorize, ratify, encourage or otherwise support
any form of Strike, as defined in Section 1 above, or refuse to cross any picket line by whomever
established, or to engage in any sympathy strike. The Union and all employees shall cooperate
fully with the City in preventing and/or halting any such action.
Section 3. Discipline.
Any or all employees who violate any provision of the law prohibiting strikes or any
provision of the Article may be dismissed or otherwise disciplined by the Employer, without
recourse to the grievance procedure. The Union agrees that it will not support or assist in any
manner any Union member or any other employee who violates this Article. "Support" and
"assistance" includes, but is not limited to, providing representation for such person in the event
of disciplinary action for violation of this Article and not approving or presenting any grievance
on behalf of any such person.
Section 4. No Lockout.
The City agrees that it will not authorize, ratify, encourage, or otherwise support any
lockout during the term of this Agreement.
Section 5. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
2
ARTICLE 7.
DUES DEDUCTIONS
Upon receipt of a proper and signed authorization from a Union 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 8.
AGE LIMIT FOR NEW HIRE
Section 1. Maximum Age Limit.
The maximum age at which a person may be certified as eligible for a position as an
employee is age 35. A person may not be hired as an employee if the person is age 36 or older on
the date of hire.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
ARTICLE 9.
PROBATIONARY PERIOD
Section 1. Initial Probationary Period.
Any new employee hired by the Baytown Fire Department must serve a probationary
period that shall begin on the date of hire. The probation shall end twelve (12) months after the
employee gains certification as both Firefighter and Paramedic in the State of Texas, but shall not
extend past 18 months from date of hire.
A new employee's probationary period will automatically be extended if he or she is absent
for a continuous period of more than 30 calendar days for illness, injury, jury duty, or military
reserve leave or any other type of leave except for vacation or holiday time off. The extension of
the new employee's probation shall be equal to the amount of lost time.
Section 2. Discharge of Probationary Employee.
During an employee's initial probationary period, the Chief may discharge the employee
with or without cause. The probationary employee does not have recourse to the contractual or
the City's grievance or appeal procedures.
Section 3. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
ARTICLE 10.
POST -HIRING REQUIREMENTS
Section 1. Post -Hire Retention Requirements.
a) Dual Certified Method 1(Firefighter/Paramedic)
An employee hired under the Dual Certified Method 1 job posting must meet the following
requirements:
• Possess or obtain a valid Texas Department of State Health Services EMT-
P within one (1) month of the date of his/her appointment.
• Possess an active Basic Structure Fire Suppression Certification through
TCFP
b) Dual Certified Method 2 (Firefighter/EMT-B)
An employee hired under the Dual Certified Method 1 job posting must meet the following
requirements:
• Possess or obtain a valid Texas Department of State Health Services EMT-
B within one (1) month of the date of his/her appointment.
• Possess an active Basic Structure Fire Suppression Certification through
TCFP
• Enroll in a paramedic course within six (6) months of the date of his/her
date of appointment, and successfully complete the course and achieve
certification by Texas Department of State Health Services as an EMT-P
within two (2) years of the date of his/her enrollment in the paramedic
course.
8
c) Single Certified (Paramedic)
An employee hired under the Single Certified job posting must meet the following
requirements:
Possess or obtain a valid Texas Department of State Health Services EMT-P within
one (1) month of the date of his/her appointment.
Obtain a valid Basic Structure Fire Suppression Certification through TCFP within
one year of the date of his/her appointment.
An employee appointed to a position in the Fire Department on or after October 1, 2025,
must obtain the TCFP Hazardous Materials Technician Certification within two years of the date
of his/her appointment to remain employed.
The Fire Chief may, in his discretion for good cause shown, extend the time periods
established in this section. An employee to which this section applies shall not be separated from
employment for violation of this section unless the employee has been given an opportunity, at the
City's expense, to enroll in and complete a paramedic or course.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141, 142,
or 143 of the Texas Local Government Code or any other applicable statute, executive order, or
local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter
174 of the Texas Local Government Code.
ARTICLE 11.
RELOCATION EXPENSES FOR NEW HIRES
Section 1. Reimbursement.
The City shall reimburse the cost of moving household goods and effects to the City of
Baytown/ETJ for employees hired during the term of this Agreement, up to a maximum of
$5,000. Moving reimbursement shall be given only for moves from outside the City of
Baytown/ETJ to inside the city limits of Baytown/ETJ. The reimbursement request must be made
within 60 days of obtaining residence. Should the employee fail to complete his/her probationary
period for any reason, such employee shall reimburse the City for all monies paid. Use of this
provision is only valid once during the employment of a firefighter.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141, 142,
or 143 of the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
9
ARTICLE 12.
CLOSING COST REIMBURSEMENT FORFIREFIGHTER
Section 1. Reimbursement.
City of Baytown firefighters, 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 firefighter and only when the
firefighter 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 firefighter must file proof of
expenses along with a request for reimbursement within thirty (30) days of the incursion of the
closing. Mobile homes, manufactured homes, and homes purchased under a contract for deed will
not be eligible for this benefit. A firefighter, whose home is annexed into the City after the
effective date of this Agreement, will not be eligible for this benefit. Should the firefighter fail to
complete three (3) additional years from the filing of the reimbursement request for any reason,
such firefighter shall reimburse the City for all monies paid.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141, 142,
or 143 of the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 13.
REIMBURSEMENT OF PARAMEDIC TRAINING TUITION
Section 1. Reimbursement.
Subject to the provisions of this article, an employee, who has successfully completed (i)
a course of instruction at an accredited paramedic training program within one (1) year prior to
his/her hire date, or any time after being hired and (ii) his/her probation period with the City, shall
be reimbursed the cost of the training program tuition in an amount not to exceed $2000 in
accordance with this article. This reimbursement shall be paid upon request and verification of
eligibility pursuant to this article. Reimbursement payment under this section shall be paid via
separate reimbursement check. Reimbursement shall be made only if the employee 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.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141, 142,
or 143 of the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
10
ARTICLE 14
LATERAL BASE PAY
Notwithstanding any provisions in Texas Local Government Code Chapter 143, the
Parties have agreed that the needs of the Fire 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 offer lateral base pay for Firefighters
from other qualified agencies, in accordance with the provisions and limitations
contained in this article.
b. Individuals under this section must meet the following qualification criteria:
(i) Dual (Firefighter/Paramedic) certification at time of application.
(ii) Fire certification must be TCFP or eligible for TCFP through IFSAC
reciprocity.
(iii) Paramedic certification must be National Registry or State of Texas.
(iv) Employed as a fulltime Firefighter or Paramedic for a not -for -profit or
government public safety agency (Municipal/County agency, Emergency
Service District, Fire or EMS District) that provides 911 emergency
services at the time of application.
(v) Completed the job application process and placed on an eligibility list
starting on or after the adoption of this article.
C. For purposes of the pay scale, Firefighter, who
(i) have experience as defined in subsection b
(ii) otherwise meet the qualifications for a Firefighter in the Baytown Fire
Department, and
(iii) are hired by the City, shall be credited with up to seven (7) years of
service, as follows:
Years of Service as a Firefighter at
Current Employer
Credited Years of Service in the
Baytown Fire Department
1
1
2
2
3
3
4
4
5
5
6
6
7
7
11
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 Firefighter hired under this article shall be determined
by the Chief of the Fire Department.
ARTICLE 15.
LEAVE OF ABSENCE
Section 1. Provision of Leaves of Absences.
All leaves of absence shall be in accordance with the City of Baytown's Personnel Policy
Manual and Section 143.073 of the Texas Local Government Code.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
ARTICLE 16.
REAPPOINTMENT
Section 1. Application for Reappointment.
A person who previously served as a City of Baytown Firefighter may apply in writing to
the Fire Chief for reappointment as a Firefighter within two (2) years of the effective date of
separation if the applicant meets the eligibility requirements of Section 2 herein. A person applying
under this article will not be required to take an entrance examination and will not be placed on an
eligibility list.
Section 2. Eligibility.
An applicant for reappointment must have resigned voluntarily and in good standing from
the Baytown Fire Department as a Firefighter and must hold a valid, current certification for
firefighter from the Texas Commission on Fire Protection and be certified as an EMT-P by the
State of Texas. Reappointment will not be considered if the applicant resigned pending
disciplinary action or investigation. Additionally, an applicant for reappointment must meet all
eligibility requirements for a person in the classification of Firefighter, provided that the applicant
shall not be subject to the maximum age requirements specified in Section 143.023(b) of the Texas
Local Government Code or the age requirement in Article 8 of this Agreement.
12
Section 3. Reappointment.
It shall be the Fire Chief s discretion to determine the applicant's suitability for
reappointment. In the event the Fire Chief decides the applicant should not be reappointed, the
applicant shall be notified of the decision in writing and the reappointment process is terminated.
The Fire Chief shall forward a copy of this documentation to the Civil Service Director. If, based
on the overall value of the applicant to the department, the Fire Chief desires to reappoint the
applicant as a Firefighter, the applicant may be reappointed at the discretion of the Fire Chief if a
vacancy exists. Notice of the reappointment shall be given in writing to the Civil Service Director.
In the event there is no vacancy for Firefighter at the time of application for reappointment,
the Fire Chief may retain the application. Reappointment can be made only within two years of
the date of resignation. If there is no reappointment within two years from date of resignation of
the applicant, the reappointment process is automatically terminated.
Section 4. Restoration of Certain Benefits.
Upon reappointment, the applicant's prior years of service with the City of Baytown Fire
Department in the classification of Firefighter or higher will be counted only for the following
purposes:
1. longevity pay,
2. accrual benefits,
3. seniority in the case of a reduction in force, and
4. determining the appropriate tier in the Firefighter classification in the compensation
plan as detailed in Article 25.
The applicant's seniority for purposes of promotion shall be determined in accordance with Texas
Local Government Code Chapter 143 and the City of Baytown Civil Service Rules and
Regulations.
Section 5. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141, 142
or 143 of the Texas Local Government Code or any other applicable statute, executive order, or
local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter
174 of the Texas Local Government Code.
ARTICLE 17.
VACATION
Section 1. Provision of Vacation.
Vacation entitlement shall be in accordance with the City Personnel Policy Manual.
13
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
ARTICLE 18.
HOLIDAYS
Employees covered by this Agreement shall be afforded the holidays in accordance with
and as specified in the City of Baytown's Personnel Policy Manual.
ARTICLE 19.
SICK LEAVE
Section 1. Provision of Sick Leave.
Sick leave accrual and use shall be in accordance with the City of Baytown's Personnel
Policy Manual as it applies to all City employees and Fire Department Rules and Regulations.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
ARTICLE 20.
INSURANCE BENEFITS
The same level, scope and financial participation, as may be provided to other City
employees outside the bargaining unit, will be provided to employees covered by this Agreement.
The City reserves the exclusive right to determine what the level, scope, and financial participation,
if any, will be and modify same at its discretion.
ARTICLE 21.
HOURS OF WORK
Section 1. Hours of Operation.
All employees in the Operations Division will work the same shift schedule, 48 hours on
and 96 hours off.
14
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
ARTICLE 22.
OVERTIME
Section 1. Definitions.
The following terms when used in this Article shall have the meanings ascribed to them in
this section:
shift.
Additional Hours Worked means hours worked other than the hours of a regularly assigned
Non -Worked Time means and includes all time and leaves not included as Time Worked.
The term "Non -Worked Time" shall include, but not be limited to, the following:
sick leave,
2. vacation leave,
3. holidays,
4. Kelly days,
5. time worked pursuant to Article 22,
6. military leave,
7. emergency leave,
8. administrative absence with pay not associated with workers' compensation,
9. authorized leave without pay,
10. absence without leave, and
11. compensatory time.
Overtime Worked means Time Worked in excess of the number of hours as specified by
the City in accordance with the Fair Labor Standards Act for the Work Period of the employee.
Time Worked means and includes not only the hours worked as a firefighter pursuant to
this Agreement during the Work Period but also all hours charged to the following leaves of
absences during the Work Period:
1. workers' compensation leave,
2. administrative absence with pay associated with workers' compensation, and
3. Union time bank leave.
15
Work Period shall be that period of time established by the City in compliance with the
Fair Labor Standards Act.
Rank Creating the Extra Duty means a vacancy in a particular rank created by sick time,
emergency leave, absence without leave, and/or compensatory time.
Firefighter/Paramedic means any personnel in the rank below Equipment Operator, which
may include, but not be limited to, Firefighter and Non -Fire Paramedic.
Rank means a classification established by ordinance by the City Council that one has
achieved by appointment, assignment, or testing.
Section 2. FLSA Provisions.
The City shall continue the 207(k)-option permitted under the Fair Labor Standards Act,
which provides overtime after an employee works a specified number of hours in a designated
work period. Only Time Worked will be considered for purposes of computing overtime
compensation. In accordance with FLSA Section 207(k), all members covered by this agreement
in the Operations Division will have a work period defined as 106 hours within a 14 consecutive
day work period.
The parties agree that the City has the right to require that Overtime Hours be compensated
in the form of pay or compensatory time, as determined appropriate by the Fire Chief. If
compensatory time is required by the Fire Chief or his/her designee, the employee shall be notified
prior to overtime being worked. Overtime compensated monetarily shall be calculated as required
by FLSA. Overtime compensated as compensatory time shall be calculated at the rate of one and
one-half hours for each hour of Overtime Worked. All overtime to be worked must be approved
in advance by the Fire Chief or his/her designee.
When leave classified as Non -Worked Time is taken or used by a Firefighter in the same
Work Period that the Firefighter earns Additional Hours Worked; Additional Hours Worked that
do not qualify for overtime under FLSA shall be paid hour -for -hour as compensatory time or
regular pay, as determined by the Fire Chief.
The maximum number of hours of accrued compensatory time shall not exceed the cap
established in the City of Baytown Personnel Policy Manual. There shall be no pyramiding of
overtime under this Agreement, that is, hours shall not be paid for or credited to leave balances
more than once.
Section 3.Overtime List.
The Fire Chief or his/her designee, with input from the Union, shall create the following
overtime list(s):
16
1.
A Shift, Firefighter
7.
B Shift, Captain
2.
A Shift, Engineer
8.
B Shift, Battalion Chief
3.
A Shift, Captain
9.
C Shift, Firefighter
4.
A Shift, Battalion Chief
10.
C Shift, Engineer
5.
B Shift, Firefighter
11.
C Shift, Captain
6.
B Shift, Engineer
12.
C Shift, Battalion Chief
An employee within the Operations Division who wishes to be called in for overtime work,
shall submit his/her name in writing to the Fire Chief or his/her designee in order to be placed on
a list. The written request must include a telephone number where the employee can always be
reached.
Section 4. Call ins.
When staffing falls below minimum levels, as determined exclusively by the Fire Chief
and/or his/her designee, and employees are required to be on duty or in cases of fire and/or medical
emergencies, the Fire Chief or his/her designee may call in off -duty employees to work in
accordance with this Article.
A request for coverage of overtime will be delivered electronically to those employees on
duty within the rank creating the extra duty and who are eligible for that position. If no one in the
appropriate rank on the off -going shift accepts the request for duty, persons from the list of the
appropriate rank from the shift on duty prior to the off -going shift shall be contacted via electronic
means.
Once an employee has accepted the request for extra duty, he/she shall be placed in the last
numerical position on the overtime list; provided that if an employee, who accepts extra duty,
works less than 12 hours, he/she retains his/her place on the list. Personnel scheduled to be on
duty and/or approved leave will not lose their place on the overtime rotation list. The City may
request an employee for extra duty from a lower rank only after attempting to contact all eligible
employees on the lists in the rank creating extra duty. When employees accept the extra duty
request from another rank, they will not receive overtime at the higher rank but will report to duty
at their rank and the on -duty employee(s) will move to the higher rank in an acting position. The
same method used in this section shall be used to distribute the extra duty evenly.
If no one accepts extra duty from the list, the person on duty may be required to work the
extra duty. Held over employees forced to work shall be compensated, either in the form of pay or
compensatory time, as determined by the employee. The Overtime compensated monetarily shall
17
be calculated as required by FLSA. Overtime compensated as compensatory time shall be
calculated at the rate of one and one-half hours for each hour of Overtime Worked. Employees
regularly scheduled to work, or employees who accept extra duty hours voluntarily, shall not be
paid overtime, unless otherwise entitled to it.
Section 5. Extra Activities Overtime List.
All members will be eligible for extra activities overtime.
Notification of an extra activity shall be sent via electronic means via agreed upon software,
SMS, or email by the Operations Chief or his/her designee. Extra activities overtime will be filled
by the first member(s) who respond to the request. The members must meet the required
certification level of the overtime being requested.
The two (2) hour minimum rule, (Section 6. Minimum Show Up Time) shall not apply to
the rotation of this list. Personnel scheduled to be on duty and/or approved leave will not lose their
place on the extra activities overtime list.
Section 6. Minimum Show Up Time.
An off -duty employee who is called back to work pursuant to Section 4 of this Article shall
be guaranteed a minimum of two (2) hours of pay at his/her regular hourly rate. Only Time Worked
shall be counted for purposes of computing overtime.
Section 7. Emergencies.
In emergency situations, as determined by the Fire Chief and/or City Manager, the City
may forego the above procedures. A routine staffing of a shift shall not be deemed as an
emergency.
ARTICLE 23.
SHIFT EXCHANGES AND EMPLOYEE SUBSTITUTIONS
Section 1. Trading Time.
Subject to the approval of the Fire Chief, employees may be allowed to trade time with
other employees of equal qualification pursuant to 29 CFR §553.31 "Substitution - section
7(p)(3)," Section 143.073(d)(2) of the Texas Local Government Code, and any applicable
Baytown Fire Department Rule and Regulation.
Section 2. Requests for Trade Time.
The trade time request process must be completed prior to trading time and may be
submitted electronically in a form acceptable to the Fire Chief.
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Section 3. Failure to Work.
The substitute employee who fails to appear and work the exchanged shift, or is not
properly excused from duty, shall be subject to disciplinary action.
Section 4. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
ARTICLE 24.
TIME OFF FOR ASSOCIATION BUSINESS
Section 1. Union Business Pool.
A. Establishment of Union Business Pool. The City shall maintain a Union Business Pool (the
"Pool"), to which the members of the Union shall contribute as agreed to herein. The Pool,
upon prior approval of the Fire Chief or his/her designee, may be used by members of the
Union's Executive Board (the "Board") and/or members of the Union, if designated by the
Board (the "Designees"), in administering this Contract; representing the Union at meetings
or events; representing employees at disciplinary hearings, grievances or on other job -related
matters; attending seminars or training programs for Union purposes; participating in
collective bargaining; conducting elections relating to Union business; and performing other
Union business as approved by the Chief.
B. Pool Funding. Commencing the first pay period in February, 2020, City shall deduct
annually (i) twelve (12) hours of accrued vacation leave from each member of the Union
assigned to shift work and (ii) eight (8) hours of accrued vacation leave from each member
of the Union assigned to 40-hour work weeks to maintain the Pool. Half of such deduction
shall be made from the first pay period in February, and the other half in the first pay period
in July. Those Union members, who do not have at least the required number of hours of
accrued vacation leave at the time of the first pay period in February and/or July as
specified in this Subsection B, shall contribute to the Pool:
➢ all of their accrued vacation leave on the first pay period in February and July
of each Year, and
➢ the remaining portion of accrued vacation leave every April and September of
the City's fiscal year until such Union member has contributed the requisite
amount enumerated in this subsection.
1. Maximum Pool Hours. In the event that the total hours in the pool reach 2,800 hours,
the City shall cease deducting the amounts of accrued vacation leave as specified in
Subsection B from those members of the Union, who are not in arrears in their
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contributions to the fund. The City shall continue deducting the amounts specified in
Subsection B from each member of the Union who is in arrears at the time the pool
reaches 2,800 hours, until such member is no longer in arrears.
Any member may contribute additional vacation time to the Pool so long as the total
number of hours in the pool does not exceed 2,800 hours.
2. Future Union Members. Members of the Union who join the Union following the
effective date of this Agreement, shall contribute to the Pool in the same manner as those
that were members of the Union the effective date of this Agreement.
In the event that this contract expires and this Article is not included in the immediately
subsequent collective bargaining agreement, the City shall equitably disburse the monies
remaining in the Pool at the expiration of this Agreement among the remaining members of
the Union who have contributed to the Pool.
Section 2. Administration/Use of the Pool.
A. Request/Approval of Use of the Pool. Whenever a member of the Board of the Union and/or
a Designee desires to use the Pool, the Union shall make a written request to the Fire Chief or
his/her designee 72 hours in advance of the proposed leave to use the Pool. The Fire Chief
for good cause shown may at his/her discretion consider requests which are submitted less
than 72 hours in advance. In order for the Pool to be debited, the Fire Chief or his/her designee
must approve such leave in writing prior to such leave. If the members of the Board and/or
Designees desire to use the Pool to conduct elections relating to Union business, the Union
shall include in its request to use the Pool, the time and place for such election, and the names
of the members of the Union who will be conducting the election.
B. Emergencies. In emergency situations, as determined in the discretion of the Fire Chief, or
his/her designee, and the City Manager, the Fire Chief or his/her designee may order the
members of the Union on leave using the Pool or otherwise to report to work for the duration
of the emergency. Routine staffing shall not be deemed an emergency.
C. Overtime. If utilization of the Pool requires the Department to pay overtime for another
individual filling in for the member of the Union who is using the Pool, the City shall
deduct from the Pool the overtime rate (half-time rate) of the individual incurring the
overtime if applicable.
Section 3. Members of the Union's Executive Board.
Within ten days after the execution of this Agreement, the Union shall tender to the Fire
Chief a list of names of the members of the Union's Executive Board. The Union shall thereafter
promptly notify the Fire Chief of any change in the composition of its Executive Board.
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ARTICLE 25.
COMPENSATION
Section 1. Base Compensation.
Notwithstanding any prior agreements on compensation, employees covered by this
Agreement shall be paid base compensation in accordance with the chart in Appendix A for
Year 1 (October 1, 2025 to September 30, 2026), Year 2 (October 1, 2026 to September 30,
2027), and Year 3 (October 1, 2027 to September 30, 2028) which is attached hereto and
incorporated herein for all intents and purposes.
Section 2. Certification/Education Pay.
A. Education
TCFP Structure Fire Protection Certification. Employees with the
following certifications shall be paid the following monthly certificate
pay:
Employees may receive only one of the above certifications pays per
month.
2. College Degree. Employees with a college degree shall be paid the
following monthly incentive:
Associate's 1 $75
Bachelor's I $125
Master's $150
An Associate's degree must be specific to Fire Science or Emergency
Medical Services. Bachelor' and Master's degrees must be in Fire Science,
EMS, Public Administration, Business Administration, Emergency
Management, Leadership, or a closely related field as approved by the Fire
Chief. Employees may receive only one of the above educations pay
monthly incentives.
B. Hazmat Certification Pay. (Payment contingent upon continued operation of the
Regional Hazmat vehicle.) A firefighter, who is certified by the state as a Hazmat
21
Technician shall receive $50 certificate pay per month.
C. Paramedic Certification Pay. An employee who is certified and credentialed as a
paramedic shall be paid an additional $500.00 per month. It is expressly understood and
agreed that no employee will be entitled to certification pay under this subsection until
such person has successfully completed the Fire Department's paramedic credentialing
process as determined by the Fire Chief.
D. Bilingual Pay. Bilingual pay shall be paid in accordance with the City Personnel
Policy Manual.
Section 3. Assignment Pay.
A. Hazmat Assignment Pay. (Payment contingent upon initiation and continued
operation of the grant funded Regional Hazmat vehicle). A firefighter, who is
certified by the state as a Hazmat Technician and is assigned to the Hazmat Team by
the Fire Chief, shall receive Hazmat assignment pay. For purposes of this section, a
firefighter will be considered assigned to the Hazmat Team if the person is appointed
in writing by the Fire Chief and maintains all training and certification requirements.
Once approved, the member's status on the Hazmat team will be indicated on the
Baytown Fire Department Staffing Roster. Hazmat Team Members shall be paid the
following monthly assignment pay:
Hazmat Coordinator One - Selected by the Fire Chief $150
Two - Selected by the Hazmat
Hazmat Shift Leader Coordinator in consultation with $125
the Fire Chief
Hazmat Team Member Number determined by the Fire $100
Chief
The responsibilities of all Hazmat Team position assignments will be defined by the
Fire Chief.
B. Technical Rescue Team (TRT) Assignment Pay.
The responsibilities of all Technical Rescue Team position assignments will be
defined by the Fire Chief.
C. Marine Program Assignment Pay. Marine program members shall be paid the
following monthly assignment pay.
22
ProgramMarine Program Marine
Titles
Marine Coordinator One - Selected by the Fire Chief $150
Marine Shift Leader Two - Selected by the Fire Chief $125
The responsibilities of all Marine Program Team position assignments will be
defined by the Fire Chief.
D. EMT-P FTO Assignment Pay. A Medic or Firefighter Paramedic who has
successfully completed the credentialing process as determined by the Fire Chief
and who is assigned to the role of Paramedic Field Training Officer by the Fire
Chief will receive assignment pay of $200 per month. The number of Paramedic
Field Training Officers assigned to each shift and their responsibilities will be
defined by the Fire Chief.
E. Arson Investigator Assignment Pay. Personnel assigned to the Fire Marshal's
Office who are TCFP Arson Investigator certified will receive Arson Investigator
assignment pay of $100 per month.
F. Fire Marshal Assignment Pay. The Fire Chief will appoint one person to oversee
the Fire Marshal's Office and serve as the Fire Marshal. When the Fire Marshal
responsibilities are appointed to a rank below Assistant Fire Chief, the appointee
will receive assignment pay of $200 per month to perform the added duties of Fire
Marshal.
Section 4. Longevity Pay.
Longevity will be paid pursuant to Section 141.032 of the Texas Local Government Code
on the same basis as it is paid to other City employees.
Section 5. Administrative Pay.
Employees (i) within the ranks specified below, (ii) working hours other than an
operational shift schedule, and (iii) regularly assigned to administrative duties, with the
exception of employees on light duty, administrative leave with or without pay, injury leave,
or assigned to training or school or any other temporary assignments, shall receive monthly
assignment pay as follows:
Engineer......................................................................$350
Captain..........................................................................$350
Battalion/Division Chief...............................................$350
Assistant Chief...............................................$100
The above administrative employees will not be included on the Overtime List to
fulfill daily staffing levels.
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Section 6. Appropriations/Reopener.
All payments in this Agreement are subject to the appropriation of funds by the
City Council. If funds are not appropriated in an amount which allows compliance with this
Agreement, the action by the City Council shall serve as an automatic reopener of this
Agreement on the issue of compensation and monetary benefits.
Section 7. Pay Checks.
Employees covered by this Agreement shall receive pay checks at the same frequency
as other City employees.
Section 8. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 141, 142, or
143 of the Texas Local Government Code or any other applicable statute, executive order,
local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter
174 of the Texas Local Government Code.
ARTICLE 26.
PERSONNEL REDUCTION.
Section 1. Method of Reduction -in -Force.
Personnel Reduction shall be in accordance with Texas Local Government Code Section
143.085.
Section 2. Recall of Laid -Off Fireflahters.
For the one (1) year period or three (3) year period referenced in 143.085, as applicable,
no new employees shall be hired until the laid -off employee(s) and the Union have been notified
by certified mail of the City's intent to hire. The laid -off employee(s) shall give the City notice
within fourteen (14) day(s) of his/her intention to return to work. The fourteen (14) day period
begins from the date the certified mail was sent to the employee(s).
Section 3. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
24
ARTICLE 27.
PROMOTIONS
Section 1. Definitions
The following term when used in this Article shall have the meaning ascribed to it in this
section:
Rank means the classification established by ordinance by the City Council that one has
achieved by appointment, assignment, or by testing.
Section 2. Method of Promotions -Assistant Chief.
The Chief may appoint from within the bargaining unit, at his sole discretion, all
Assistant Chiefs. The person(s) so appointed shall serve at the pleasure of the Fire Chief and
may be demoted to his/her previously held rank without cause
Section 3. Seniority & Education Points.
A. Seniority Points: Each candidate will receive one (1) Seniority Point for each year
of service in rank in the Fire Department, up to a maximum of ten (10) points. Seniority points
for promotional purposes shall begin to accrue on the employee's date of hire in the rank of
firefighter with the Fire Department. Probationary time period is included. Seniority points
will be added to the total raw score at the end of all phases of testing.
B. Education Points: Each candidate will receive two (2) Education Points for
obtaining an Associate's Degree in Fire Science or Emergency Medical Services or four (4)
points for obtaining a Bachelor's Degree in Fire Science, EMS, Public Administration, Business
Administration, Emergency Management, Public Safety or a closely related field as approved
by the Fire Chief. Education points will be added to the total raw score at the end of all phases
of testing.
C. Prerequisite. Candidates must pass the written examination with a raw score of
at least 70 points in order to be credited with seniority and/or education points.
Section 4. Elilzibility for Promotion.
Employees shall be eligible to take a promotional examination if they meet the
following criteria:
A. Battalion/Division Chief
1. Two (2) years in grade as a Lieutenant with the Baytown Fire Department.
2. Pre -merger Medics, now Lieutenants, who have become and maintained
firefighter certification are eligible to test if they meet the above criteria.
25
B. Lieutenant
1. Two (2) years in grade as an Engineer with the Baytown Fire Department.
2. TCFP Fire Officer I, II, III, or IV Certification.
3. TCFP Fire Service Instructor I, II, or III Certification.
The Fire Chief shall offer the TCFP Fire Officer I Certification, and TCFP
Fire Instructor I Certification at least every year.
C. Engineer
1. Three (3) years of continuous service in the rank of Firefighter with the
Baytown Fire Department immediately preceding the date of the written
exam. (Probationary periods will be included in the calculation of the three (3)
year requirement.), and
2. (Effective January 1, 2020) TCFP Driver/Operator-Pumper Certification.
The Fire Chief shall offer the TCFP Driver/Operator-
Pumper Certification class at least every other year.
Section 5. Promotional Testing for Equipment Operator
Each applicant will be given a written examination conducted in accordance with
Section 143.032 of the Texas Local Government Code and City of Baytown Local Civil Service
Rules.
Placement of candidates on the eligibility list is determined by the final combined score
including the following:
Equipment Operator
Written Exam
Seniority
Educational
Maximum of 10 points
Maximum of 4 points
It is the applicant's responsibility to provide proof of education from an accredited
university no later than 5:00 p.m. on the last business day prior to the written test.
Section 6. Promotional Testing for Lieutenant and Battalion/Division Chief
Each applicant will be given a written examination conducted in accordance with
Section 143.032 of the Texas Local Government Code and City of Baytown Local Civil Service
Rules.
26
Placement of candidates on the eligibility list is determined by the final score on the total
promotional system which is comprised of the following:
Lieutenant
Written Exam
Seniority
Educational
Battalion/Division Chief
Written Exam
Seniority
Educational
Maximum of 10 points
Maximum of 4 points
Maximum of 10 points
Maximum of 4 points
It is the applicant's responsibility to provide proof of education from an accredited
university no later than 5:00 p.m. on the last business day prior to the written exam.
Section 7. Time to Fill Vacancy.
The City shall fill a vacancy within 120 days.
Section 8. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143
of the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter
174 of the Texas Local Government Code.
ARTICLE 28
PROCEDURES FOR FILLING BEGINNING POSITIONS
The intent of this article is to create an ongoing eligibility list for the fire department.
ELIGIBILITY LIST.
Applicants will be placed on an eligibility list in one of three ways.
a) Dual Certified Job Posting — Method 1
Applicants applying through a dual certified job posting — Method 1 for firefighter must at
a minimum:
Possess an active paramedic certification (through the National Registry or State of
Texas)
27
• Possess an active Basic Structure Fire Suppression certification through TCFP (or
eligible for TCFP through reciprocity)
• Have completed and passed a written entrance examination at the time of an
application submittal.
Those applicants that meet these standards will be placed on the eligibility list in order by
the date and time of their application submittal as date stamped through the City application
system.
b) Dual Certified Job Posting — Method 2
Applicants applying through a dual certified job posting — Method 2 for firefighter must at
a minimum:
• Possess an active Emergency Medical Technician Basic (through the National
Registry or State of Texas)
• Possess an active Basic Structure Fire Suppression certification through TCFP (or
eligible for TCFP through reciprocity)
• Have completed and passed a written entrance examination at the time of an
application submittal.
Those applicants that meet these standards will be placed on eligibility list by banding in
order by the date and time of their application submittal as date stamped through the City
application system. Banding groups will consist of the following:
• Band A: Applicant must possess an active paramedic certification AND possess an
active fire certification
• Band B: Applicant must possess an active EMT-B certification AND possess an
active fire certification
Final banding will occur at the close of the posting period. Applicants in Band A will be
given first priority and placed at the top of the list, followed by applicants in Band B.
Those applicants that meet these standards will be placed on the eligibility list in order by
the date and time of their application submittal as date stamped through the City application
system.
c) Single Certified Job Posting
Applicants applying through a single certified job posting for firefighter must at a
minimum:
28
• Possess an active paramedic certification (through the National Registry or State of
Texas)
• Have completed and passed a written entrance examination at the time of an
application submittal.
Those applicants that meet these standards will be placed on eligibility list by banding in
order by the date and time of their application submittal as date stamped through the City
application system. Banding groups will consist of the following:
Band A: Applicant must possess an active paramedic certification AND possess an
active fire certification
• Band B: Applicant must possess an active paramedic certification only
Final banding will occur at the close of the posting period. Applicants in Band A will be
given first priority and placed at the top of the list, followed by applicants in Band B.
This procedure for creating an eligibility list, including a job posting for firefighter, will be
in effect with this article. Each application period will establish either option a/b (Dual Certified
Posting — Method 1 or 2) OR option c (Single Certified Posting) as the eligibility standard for that
defined application period. The application period will be set with a starting and ending date.
All test notices will be posted as specified in the section below.
In order to maintain an on -going eligibility list, once a list is started, additional applications
must be added to the list below applicants already on the eligibility list based on the date and time
of application.
PROCEDURE FOR FILLING BEGINNING POSITIONS
When a vacancy occurs in a beginning position in the fire department, the department head shall
request the names from the eligibility list and the Civil Service director or appointed designee 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 individual shall then be removed from the list and the current process.
The reason shall be filed with the commission and a copy provided to the person who was not
appointed.
29
ENTRANCE EXAMINATION NOTICE. Before the loth 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.
WRITTEN 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.
(b) Examinations will be initiated and conducted through an agency selected by the City.
Applicants will be required to have successfully completed and passed an examination through the
agency used by the City prior to their job application submittal.
(c) Each applicant who is either a natural-born or adopted child of a fire fighter who previously
suffered a line -of -duty death, per Texas Local Government Code143.025 0), shall be ranked at the
top of any eligibility list, during that specific application period, in which said applicant receives
a passing grade on the entrance exam and properly submits a job application. The deceased fire
fighter's applicant child must also satisfy all of the requirements under eligibility standards.
ELIGIBILITY STANDARDS
To be eligible to be placed on the eligibility list in the Baytown Fire Department, the applicant
must meet the following standards at the time of their application submittal:
AGE:
The applicant must be at least 19 years of age and less than 36 years of age at the time of the
application. A person may not be hired as an employee if the person is age 36 or older on the date
of hire.
EDUCATION:
Minimum educational requirement for a beginning position is:
1. High school diploma/GED
CITIZENSHIP:
The applicant must be a United States citizen.
MILITARY HISTORY:
The applicant must not have been discharged from any military service under less than honorable
conditions including, specifically:
a) under other than honorable conditions;
30
b) bad conduct;
c) dishonorable; or
d) any other characterization of service indicating bad character.
LANGUAGE:
The applicant must be able to read and write English.
CERTIFICATION:
1. The applicant must possess an active fire certification (through TCFP or eligible for TCFP
through reciprocity) at the time of application submittal under eligibility list option (a) and
option (b)
OR
The applicant must meet the minimum standards for certification of a firefighter (fire
protection personnel) pursuant to the provisions of Texas Government Code, Chapter 419, and
the rules of the Texas Commission on Fire Protection which are in effect at the time of the
application submittal under eligibility list option (c).
2. The applicant must possess certification as a Paramedic (through the National Registry or
State of Texas) at the time of the application submittal under eligibility list option (a) and (c).
NEPOTISM:
No Firefighter may directly supervise or be supervised by a member of the Department related to
the Firefighter within the second degree of affinity or consanguinity, as identified in Chapter 573
of the Texas Government Code. Immediate family includes stepchildren, spouse, parent, child,
stepparent, sibling, parent -in-law, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.
Indirect supervising cases must be approved in writing by the department head. Applicants must
disclose relationship information during their job application submittal for the purposes of the City
properly applying the nepotism policy.
EXAMINATION:
The applicant must receive a passing score on the written entrance examination through the testing
agency used by the City.
duties:
ARTICLE 29
DUTIES
Employees covered by this Agreement shall not be required to perform the following
31
I . electrical work;
2. plumbing;
3. carpentry;
4. cleaning City buildings other than Fire Department facilities, and
5. setting up or cleaning up for City picnics or 41h of July festivities,
except in the case of an emergency declared by the Mayor of Baytown, by the Harris or Chambers
County Judge, or by the Governor of Texas.
ARTICLE 30.
POLITICAL ACTIVITY
Section 1. Limitations on Political Activities.
Political activities of employees covered by this Agreement shall be governed by Section
143.086 of the Texas Local Government Code. Except as may be otherwise provided by law, the
following additional restrictions on political activity shall apply:
(1) Solicitation of funds or anything of value by employees for any purpose whatsoever
shall be prohibited of or by an employee on the job, unless the employee has the
approval of the Chief and/or the City Manager. No employee may be required to
make any contribution or may be penalized or rewarded in any way according to
his/her response to a solicitation.
(2) Members of bargaining teams may not negotiate with anyone outside the bargaining
sessions or attempt to influence future negotiations by discussing the subject matter
of negotiations with any City management personnel, City Council Member, City
Council Candidate, City Official, or Board member of the Baytown Fire Control,
Prevention, and Emergency Medical Services District, while teams are in
negotiations.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local ordinance
or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas
Local Government Code.
32
ARTICLE 31.
DRUG AND ALCOHOL TESTING
Section 1. Present Policy.
In order to help provide a safe work environment and to protect the public by ensuring that
employees are fit to perform their assigned duties, the Employer may continue to enforce its drug
and alcohol testing policy for Public Safety employees. Nothing in this Article shall be construed
to abolish the existing authority of the City to conduct drug tests.
In the event that the City should determine that modification of the Random Drug
Screening Policy for Emergency Response Personnel (City of Baytown Personnel Policy Manual)
is necessary, the City shall supply the Union with the proposed change(s) thirty (30) days before
the effective date. If the Union wishes to discuss the change(s), the City and the Union shall meet
and discuss in good faith, and may agree to modify the changed policy. If agreement on
modification is not reached before the effective date, then the changed policy shall go into effect.
Section 2. Disciplinary Action for Violation of Drug and Alcohol Testing Policy.
It is understood by the City and the Union that an employee who is disciplined under the
provisions of the Random Screening Policy for Emergency Response Personnel (City of Baytown
Personnel Policy Manual), shall have all rights of appeal as provided by Texas Local Government
Code, Chapter 143, in accordance with Article 32 of this Agreement.
ARTICLE 32.
DISCIPLINARY ACTION
Section 1. Procedures.
Disciplinary action(s), including investigations of and disciplinary actions resulting from
complaints, will be consistent with Chapter 143 of the Texas Local Government Code, the City of
Baytown's Local Civil Service Rules, the City of Baytown's Personnel Policy Manual, and the
Baytown Fire and Rescue Services' Rules and Regulations.
Section 2. Union Representation.
Employees covered by this Agreement shall be entitled to have a Union representative
present at a meeting with the Fire Chief concerning a written reprimand, suspension, or any other
disciplinary matter.
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ARTICLE 33.
GRIEVANCE PROCEDURE
Section 1. Purpose.
The purpose of this grievance procedure is to establish an effective method 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 provisions of this
Agreement, not including matters reserved to management in the Management Rights clause in
Article 3 or to disciplinary matters covered in Article 32. The Union or any bargaining unit
employee may file a grievance under the terms of this Agreement. Each grievance shall be
submitted on a form agreed to by the parties and must include: (1) a specific statement of the
grievance and the facts or events on which it is based; (2) the section(s) of the Agreement alleged
to have been violated; (3) the remedy or adjustment sought; and (4) the employee's signature, or
if filed by the Union, the signature of the Grievance Committee Chairman or local Union President.
The following matters are not subject to the grievance or arbitration procedure of this
Agreement: any purported grievance which is not filed in accordance with the provisions set forth
below; any dispute, claim or complaint that does not meet the definition of a grievance as set forth
in this Section; and any matters covered by the City of Baytown Charter or Constitutional
provisions.
Section 2. Grievance Procedure.
The Union President, or his/her authorized representative, may report an anticipated
grievance to the Fire Chief in an effort to avert the grievance.
Step 1: An employee who is aggrieved must file a grievance with the Union Grievance
Committee within fifteen (15) days of the date upon which the member knew of or should have
known of the facts or events giving rise to the grievance. Any deadline in this grievance procedure
which falls on a Saturday, Sunday, or Holiday will be extended to the next business day.
A copy of notice of receipt of the grievance shall be forwarded to the Fire Chief or his/her
designee by the Union Grievance Committee within three (3) days of receipt of the grievance. The
Union Grievance Committee shall within its sole discretion determine if a grievance exists. If the
Union Grievance Committee determines that no grievance exists, it shall notify the Fire Chief in
writing that no further proceedings will be necessary. If the Union Grievance Committee
determines that the grievance is valid, it shall process the grievance on behalf of the employee(s)
by forwarding the written grievance according to Step 2 of this procedure. Any grievance filed by
the Union shall proceed directly to Step 2 of this procedure.
Step 2: Any grievance found to be valid by the Union Grievance Committee shall be
submitted to the Fire Chief or his/her designee within three (3) days of the Step 1 ruling. Any
grievance filed by the Union shall be filed and submitted to the Fire Chief within 15 days of the
date upon which the Union knew or should have known of the facts or events giving rise to the
grievance. After receipt of the grievance the Fire Chief or his/her designee shall within twenty-
one (2 1) days submit his response in writing to the Union Grievance Committee.
34
Step 3: If the grievance is not resolved at Step 2, the Union Grievance Committee, or the
Union, whichever filed the grievance, shall submit the grievance in writing to the City Manager or
his/her designee within ten (10) days from receipt of the Step 2 decision. The City Manager or
his/her designated representative shall review the matter and render a decision in writing to the
submitting party(s) within twenty-one (2 1) days of receipt of the grievance. The City Manager's
response to grievances shall be final and binding, with no further right of appeal.
Step 4: At any time before moving the grievance to Step 5, the Union and the City may
agree in writing to submit the dispute to mediation. Mediation is optional and requires the
Agreement of both parties. The costs of mediation and the mediator will be shared equally by the
parties.
Step 5: If the grievance is not resolved at Step 3 or Step 4, the Union shall have ten (10)
days from receipt of the City Manager's decision to submit the matter to arbitration. Arbitration
will be invoked by the Union Grievance Committee delivering a letter so stating to the City
Manager or his/her designee.
If the grievance is submitted to arbitration, the Employer and the Union may, within five
(5) days of such request, jointly appoint an agreed upon arbitrator. Upon a failure to agree, the
employee and Union shall within five (5) days request a list of seven (7) arbitrators from the
American Arbitration Association or the Federal Mediation and Conciliation Service. Within ten
(10) days following receipt of the list of arbitrators, the parties shall either mutually agree to select
one arbitrator from the list or select an arbitrator by each party in turn striking one name from the
list until only one (1) name remains. The party requesting arbitration shall make the first strike
from the list. The remaining individual on the list shall serve as the arbitrator. The arbitrator so
selected shall, through the agency selected, be promptly notified of his selection and the parties in
agreement with the arbitrator shall select a time, place and date for the hearing of the grievance.
(a) No Discovery
There shall be no pre -hearing discovery permitted; except that the arbitrator may issue
subpoenas requiring the production of documents and the attendance of witnesses at the
arbitration hearing.
(b) Within thirty (30) days after conclusion of the hearing, the arbitrator shall issue a
written opinion and ruling with respect to the issues presented a copy of which shall be
mailed or delivered to the Union and the Employer.
(c) With respect to the application, interpretation and enforcement of the provisions of
this Agreement the decision of the arbitrator shall be final and binding on the parties to this
Agreement, unless the arbitrator exceeds his jurisdiction, or if his/her award is procured by
fraud or collusion.
(d) The arbitrator's authority shall be limited to the interpretation and application of
the terms of this Agreement and/or any supplement thereto, excluding Management Rights,
as contained in Article 3. A dispute, claim or complaint that does not meet the definition
of a grievance, as set forth in Section 1, in this Article, is not subject to any grievance
35
procedure. The arbitrator shall have no jurisdiction or authority to establish provisions of
a new Agreement or variations of the present Agreement or to arbitrate away, in whole or
in part any provisions or amendments thereof. The arbitrator's decision must be directly
related to specifically cited language of this Agreement, excluding Management Rights of
any sort. The arbitrator shall not have authority to decide issues involving exercise of
Management Rights; otherwise the finding of the arbitrator shall be binding.
(e) The cost of the impartial arbitrator shall be shared equally between the Union and
the City. If a transcript of the proceedings is requested, then the party so requesting shall
pay for such transcript, unless otherwise agreed to by the parties.
All time limits set forth in this Article may be extended by mutual consent in writing; but
if not so extended, time limits of this Article must be strictly observed. Failure of the Union or the
grievant to comply with the time limits set forth will serve to declare the grievance settled and no
further action may be taken. Failure of the City to respond within the time limits shall constitute
a denial of the grievance and the grievant (Union) may proceed to the next Step.
It is specifically and expressly understood that a grievance under this Article shall have as
its last Step, final and binding arbitration, which shall constitute an election of remedies and a
waiver of any and all rights by both parties, to litigate or otherwise contest the last answer rendered
through this grievance procedure in any court or other appeal forum, except as provided in Step 5
(c).
ARTICLE 34.
WELLNESS INITIATIVE
Section 1. Statement of Intent.
The intent of the Wellness Initiative is to provide a program for all employees covered by
this Agreement to assist them in developing and maintaining a high degree of physical and mental
health. This program will be maintained in accordance with the guidelines of the Fire Service Joint
Labor Management Wellness -Fitness Initiative. It is the goal of the City to help all employees
improve and maintain their physical health, mental health and ability to perform their assigned
duties. The Wellness Initiative is designed to promote safe, clear objectives and to provide a
supportive, productive atmosphere.
The program contained within this agreement will:
• Be voluntary and non -punitive;
• Provide annual medical assessments for all participants;
• Provide annual physical fitness assessments for all participants;
• Provide rehabilitation and remedial support services for all participants;
• Provide nutritional education for all participants;
36
• Provide support programs in the areas of stress, financial and relationship
management; as well as substance abuse and tobacco cessation for all
participants;
• Provide peer review and monitoring;
• Provide confidential data collection to determine trends and areas of need
within the department by providers agreed upon by the Joint Committee; and
• Establish an on -going Joint Committee that will consist of Fire Chief, Union
President, plus up to 5 members from the Union and 5 members from the City
to fully develop all components. Committee members may establish
subcommittees as needed to consist of up to 3 subcommittee members in
addition to the lead committee member to assist in development of the
components.
• The Joint Committee will develop the program requirements that will qualify
for the Wellness Participant rate on health insurance. When the alternative
program is ready, it will be offered.
Section 2. Components.
There are four functional components to the Wellness Initiative:
• Medical,
• Fitness,
• Rehabilitation, and
• Behavioral Health.
Each component is designed to stand alone. Employees may participate in any specific
component or combination of components at any time.
The fifth component is Data Collection. Data Collection will be used for analysis purposes
to modify and improve the program.
Section 3. Medical Component.
All voluntary participating employees will undergo a comprehensive annual medical
assessment based on the guidelines in NFPA 1582. The exam will be performed by a qualified
personal physician selected by the employee OR physician/medical group/facility selected by and
agreed upon by the Joint Committee. This examination is designed to help identify health problems
affecting the individual, his/her department, and the professional fire service. The results may be
used by the employee to seek further care, rehabilitation or remedial services if desired. Individual,
personal results will only be provided to the employee and will not be shared with the Fire Chief
or City. Anonymous, confidential data will be collected to determine trends and areas of need
within the department by a provider agreed upon by the Joint Committee.
The Joint Committee will develop this component and implement no later than October 1,
2017.
37
Section 4. Fitness Component.
The following components are designed to assist members and Peer Fitness Trainers by
providing target areas for improvement as well as confirmation of successful exercise effort. The
Fitness Program, including the annual fitness assessment, will be based on the NFPA 1582 and
WFI. The main components of the Fitness Program are:
Medical clearance
All voluntary participating members will be medically cleared to participate
through the use of annual medical physical examinations.
b. Fitness Assessments
Members may participate in annual assessments to evaluate their aerobic
capacity, muscular strength, muscular endurance and flexibility. The Joint
Committee will develop and implement annual fitness assessments utilizing
current available equipment no later than October 1, 2017. By the end of FYI 9,
the City will provide all equipment needed to conduct WFI fitness assessments.
On duty time for exercise
Employees will be allowed to participate in 60 to 90 minutes of exercise per
shift at a reasonable hour of the day. Employees will be provided with the
opportunity to exercise and will be responsible for scheduling time to do so.
Employees covered by this Agreement are not required to participate in
any physical fitness programs except as may be required as a result of a
fitness for duty examination given pursuant to Section 143.081 of the Texas
Local Government Code.
d. Peer Fitness Coordinator and Peer Fitness Trainers
The City will establish an adequate number of Peer Fitness Trainers to provide
reasonable access to participants as determined by the Joint Committee. By the
end of FY 19, the City will allow training/certification to provide for at least 6
total peer fitness trainers in the department.
Nutrition Education
The City will establish reasonable access for participants to nutritional
education as determined by the Joint Committee.
Section 5. Behavioral Health Component.
The City will support a behavioral health plan, which may be delivered either through
internal or external resources, based on specific elements.
38
The behavioral health component will:
Provide an annual confidential behavioral health evaluation to assess
concerns/needs in the areas of family/marriage relationships, finances, dealing
with stress, work related issues, tobacco cessation and alcohol/substance abuse.
Establish and maintain services to be available in the following areas:
o Chaplain for spiritual needs
o Employee Assistance Program (EAP)
o Critical Incident Stress Management
o Substance Abuse
o Tobacco Cessation
This initiative will be further defined through review and good faith efforts by the International
Association of Firefighters, Local 1173 and the City of Baytown during year one of this agreement
(October 1, 2025-September 30, 2026).
Section 6. Rehabilitation Component.
The department will provide a progressive individualized injury, fitness and medical
rehabilitation program for on or off the job injuries/illnesses that will ensure full rehabilitation of
any affected employee and a safe return to duty status.
The rehabilitation component will:
• Establish a Wellness Liaison(s) (potentially Peer Fitness Coordinators) to be
familiar with job requirements and return to duty standards to assist employees
in coordinating return to duty;
• Establish an alternate duty program;
• Establish a physical therapy organization familiar with job requirements and
return to duty standards; and
• Establish a comprehensive injury prevention program.
This initiative will be further defined through review and good faith efforts by the
International Association of Firefighters, Local 1173 and the City of Baytown during year one of
this agreement (October 1, 2025 — September 30, 2026).
ARTICLE 35.
TERMINAL LEAVE
Section 1. 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.
39
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.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141, 142,
or 143 of the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 36.
RETIREMENT
The City shall contribute to the Texas Municipal Retirement System on behalf of the
employees covered by this Agreement on the same basis as in effect for other City employees.
ARTICLE 37.
FIRE/EMS MERGER
The parties agree that the following clause from the 2010-2016 Agreement of the parties
is still in effect:
Ever -reen.
The terms and conditions of this Article as well as in Article
3 of the Agreement shall survive after the expiration or termination
of this Agreement and shall not thereafter be subject to repeal,
amendment or modification unless agreed to by the parties.
The prior Fire/EMS Merger Article from the 2010-2016 Agreement is attached as
Appendix B, and incorporated by reference herein for all intents and purposes. To the extent that
there are any conflicts between this Agreement and Appendix B, Appendix B shall control, with
the exception of Section 4, A 1 of Article 27 which shall control over Appendix B.
ARTICLE 38.
MISCELLANEOUS PROVISIONS
Section 1. Bulletin Boards.
The City will allow space on an existing bulletin board or provide space for same in each
station for the Union. Articles placed on such board shall be limited to local, state, or national
meeting announcements, legislative reports, and safety bulletins. The Fire Chief may require prior
approval to post other types of materials. No materials endorsing political candidates, issues, or
40
any other matter that may be considered degrading or derogatory to the City or any City official
will be allowed on the board.
Section 2. Mileage Reimbursement.
An employee required to use his/her private automobile for approved Fire Department
business or as a necessity in changing stations after reporting to duty, shall be compensated at the
applicable IRS rate, after providing the documentation required by the City.
Section 3. Information Technology.
The Executive Board may use the City's e-mail service to make general announcements
regarding meetings, conferences, and/or classes or for any other informational purpose; provided
that the Executive Board has obtained the approval of the Fire Chief or his/her designee prior to
each such use of the City's system.
Section 4. Labor -Management Committee.
The City and the Union, having recognized that the cooperation between management and
employees is indispensable to the accomplishment of sound and harmonious labor relations, shall
jointly maintain and support a Labor Relations Committee. The Labor -Management Committee
may consider, discuss, and recommend to the Chief or the City, any problems pertaining to the
employment conditions of employees. The Union shall designate its representatives. The City shall
designate its representatives. The Labor Management Committee may meet quarterly, or at the call
of either the Union President or the City representative at times mutually agreeable to both parties.
Section 5. Fitness Program not Required
Employees covered by this Agreement are not required to participate in any physical fitness
programs except as may be required as a result of a fitness for duty examination given pursuant to
Section 143.081 of the Texas Local Government code.
ARTICLE 39.
SAVINGS CLAUSE
Section 1. General Savings Provision.
Should any provision of this Agreement be found to be inoperative, void or invalid by a
court of competent jurisdiction, all other provisions of the 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.
41
Section 2. Preemption.
To the extent that any provision of this Agreement conflicts with or changes Chapters 141,
142 or 143 of the Texas Local Government Code or any other applicable statute, executive order,
local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter
174 of the Texas Local Government Code. The parties agree that it is not necessary for them to
specifically identify exactly which sentences in this Agreement conflict with or change Chapters
141, 142 or 143 of the Texas Local Government Code or any other applicable statute, executive
order, local ordinance or rule. Rather, the parties agree that preemption is satisfied by noting it
generally at the end of any Article to which preemption applies.
ARTICLE 40.
SCOPE OF AGREEMENT
Section 1. Scope.
The parties agree that each has had the full and unrestricted right and opportunity to make,
advance and discuss all matters properly within the province of collective bargaining. The above
and foregoing Agreement constitutes the full and complete Agreement of the parties and there are
no others, oral or written, except as herein contained. The parties agree that in the event there is a
clarification or interpretation needed regarding this Agreement, the Union Executive Board shall
have the right to execute a Memorandum of Understanding without submission of the MOU to the
Union's membership for a vote; however, substantive Amendments to the Agreement shall be
submitted to the Union's membership for a vote. For the term of this Agreement, absent mutual
agreement, each party waives the right to demand or petition for changes in the Agreement or to
bargain over any subject during the term of this Agreement, even though the subject may or may
not have been within the knowledge or contemplation of either party.
Section 2. Preemption.
To the extent that any provision of this Article or Appendixes conflict with or changes
Chapter 141, 142, or 143 of the Texas Local Government Code or any other applicable statute,
executive order, local ordinance or rule, this Agreement shall supersede such provisions, as
authorized by Chapter 174 of the Texas Local Government Code.
ARTICLE 41.
REOPENER
Section 1. Wage Reopener.
The Union 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
42
If the Union 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 Union 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 Union 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
provisions of this Agreement. This section only authorizes the Union to reopen only
Article 25 Section I concerning wages for the year hereinabove stated.
Should the Union notify the City of its intent to reopen Article 25 Section 1 then the City
may designate one article of this Agreement to reopen.
Section 2. Wages for Years 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 article is reached, the opened
article as specified in the Agreement will be in full force and effect and will be binding
upon the parties hereto.
ARTICLE 42.
DURATION
This Agreement shall be effective on January 12, 2026, and will expire at midnight on
September 30, 2030.
43
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed on
this the day of , 2025, by the Union and the day of
, 2025, by the City.
CITY OF BAYTOWN
JASON REYNOLDS, City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
BAYTOWN FIREFIGHTERS'
ASSOCIATION
DALLAS WEBB, President
ATTEST:
Secretary
44
APPENDIX A
SALARY CHARTS
Year 1
Effective 1/12/2026
Firefighter
Years in
Rank
On Shift
1
$31.05
2
$31.99
3
$32.95
4
$33.95
5
$34.95
6
$36.02
7
$37.10
Fire Engineer
Tier
Years in
Rank
On Shift
80 Hours
1
0-6 mos
$38.94
$50.33
2
6 mos+
$41.29
$53.34
Fire Captain
Tier
Years in
Rank
On Shift
80 Hours
1
0
$44.65
$57.69
2
1+
$46.87
$60.58
Fire Battalion Chief/Division Chief
Tier
Years in
Rank
On Shift
80 Hours
1
0
$52.18
$67.43
2
1+
$54.81
$70.82
Assistant Fire Chief
Tier
Years in
Rank
Annual
Salary
1
0
$166,863
2
1+
$175,186
*Non -Fire Paramedics compensation shall be referenced from the Collective
Bargaining Agreement.
A-1
Year 2
Effective the first full pay period of October 2026
Firefighter
Years in
Rank
On Shift
1
$32.37
2
$33.35
3
$34.35
4
$35.39
5
$36.44
6
$37.55
7
$38.67
Fire Engineer
Tier
Years in
Rank
On Shift
80 Hours
1
0-6 mos
$40.59
$52.46
2
6 mos+
$43.04
$55.61
Fire Captain
Tier
Years in
Rank
On Shift
80 Hours
1
0
$46.54
$60.14
2
1+
$48.86
$63.15
Fire Battalion Chief/Division Chief
Tier
Years in
Rank
On Shift
80 Hours
1
0
$54.39
$70.30
2
1+
$57.14
$73.83
Assistant Fire Chief
Tier
Years in
Rank
Annual
Salary
1
0
$173,954
2
1+
$182,631
*Non -Fire Paramedics compensation shall be referenced from the Collective
Bargaining Agreement.
A-2
Year 3
Effective the first full pay period of October 2027
Firefighter
Years in
Rank
On Shift
1
$33.83
2
$34.85
3
$35.89
4
$36.98
5
$38.08
6
$39.24
7
$40.41
Fire Engineer
Tier
Years in
Rank
On Shift
80 Hours
1
0-6 mos
$42.42
$54.83
2
6 mos+
$44.98
$58.11
Fire Captain
Tier
Years in
Rank
On Shift
80 Hours
1
0
$48.64
$62.85
2
1+
$51.06
$66.00
Fire Battalion Chief/Division Chief
Tier
Years in
Rank
On Shift
80 Hours
1
0
$56.84
$73.46
2
1+
$59.71
$77.16
Assistant Fire Chief
Tier
Years in
Rank
Annual
Salary
1
0
$181,782
2
1+
$190,850
*Non -Fire Paramedics compensation shall be referenced from the Collective
Bargaining Agreement.
A-3
APPENDIX B
ARTICLE 32 (2010-2016 Agreement)
FIRE/EMS MERGER
Section 1. Statement of Intent.
The intent of this Article is to provide for the merger of the Baytown Emergency Medical
Services Division of the Baytown Health Department into the Baytown Fire Department:
a. to extend to those persons hired by the City of Baytown prior to the Effective Date
hereof as Medics civil service benefits pursuant to Chapter 143 of the Texas Local
Government Code, except as otherwise provided in this Article;
b. to offer necessary fire cross training and certifications to Medics and to assure that
the Certified Medics form an integral part of the City's fire protection activities;
and
C. to assure that over time the fire prevention and suppression service and the
ambulance and medical services are substantially related within one department for
the purposes of the Fair Labor Standard's Act's overtime exemption allowed to
municipalities for fire suppression personnel and to assure that all Fire Department
employees qualify as employees hired after the Effective Date are engaged in fire
protection activities as per federal law.
Section 2. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Certified Medic shall mean Medics of any classification who become certified as
firefighters within the Transition Period.
Chapter 143 shall mean Chapter 143 of the Texas Local Government Code
Effective Date shall mean the date that this Third Amendment is executed by the City
Manager, which shall in no event be before January 1, 2013.
EMS means emergency medical services.
Firefighter Paramedic shall mean a person who:
(i) is not a Medic on the Effective Date;
(ii) is employed by the City as a firefighter of any classification; and
(iii) has obtained and maintains his firefighter certification from TCFP and his
paramedic certification from the TDSHS.
NMI
Medic shall mean those persons who are not firefighter certified and who were employed
by the City of Baytown and held the positions of Paramedic, Senior Paramedic, Paramedic
Supervisor, or EMS Coordinator in the Baytown Health Department immediately prior to the
Effective Date hereof. Such persons are specifically identified in Appendix 2 of this Agreement,
which appendix is attached hereto and incorporated herein for all intents and purposes. A Medic
shall not include a person who is or becomes a Certified Medic.
Medical Division of the Fire Department shall mean personnel of the Fire Department
whose primary duties pertain to EMS operations rather than fire suppression, fire prevention, fire
training, fire safety education, fire maintenance, fire communications, fire photography, fire
administration and fire arson investigation.
TCFP shall mean the Texas Commission on Fire Protection or any successor agency that
is accredited in state by International Fire Service Accreditation Congress.
TDSHS shall mean the Texas Department of State Health Services or any successor agency
that is responsible for certification of licensed paramedics in the state.
Transition Period shall mean the six -year period commencing on the Effective Date during
which Medics may become Certified Medics.
Section 3. Merger of EMS Division into Fire Department.
(a) Merger. On the Effective Date, the Emergency Medical Services Division of the
Baytown Health Department will be transferred to and merged into the Baytown Fire Department
in accordance with the terms specified in this Article.
(b) Civil Service Status. On the Effective Date, each Medic will be transferred to the
Fire Department and given the status of civil service employee under Chapter 143 subject to the
terms of the Agreement and this Third Amendment without being required to take a competitive
examination. Such persons shall for all intents and purposes be considered as being appointed in
substantial compliance with Chapter 143 of the Texas Local Government Code.
(c) Bargaining Unit Status. On the Effective date, each Medic will become part of
the Fire Department bargaining unit for purposes of representation as defined and provided for in
Chapter 174 of the Texas Local Government Code. Each Medic has the right to join and maintain
membership in the Union. Likewise, each Medic has the right to refrain from joining, or to
withdraw from membership in the Union. Neither the City nor the Union shall exert any pressure
for or against any Medic in regard to such matters.
Section 4. Effect on Firefighters.
(a) Paramedic Certification.
(1) Not Required. Firefighters hired on or prior to the Effective Date will not
be required to become or remain certified by TDSHS as paramedics. Firefighters
without such certification, however, will not be eligible to test for any position in
the Medical Division of the Fire Department.
(2) Required. Firefighters hired on or after the Effective Date may be required
by the Fire Chief to be or become certified by TDSHS as paramedics subject to
Article 3 of the Agreement.
(b) Temporary Assignments. Firefighters who are hired on or after the Effective
Date, may be temporarily assigned by the Fire Chief to duties in the Medical Division of the Fire
Department. Firefighters, who were hired before the Effective Date, may be temporarily assigned
by the Fire Chief to duties in the Medical Division of the Fire Department only if the firefighter
consents such temporary assignments in writing, whether by e-mail or otherwise.
Section 5. Medics.
(a) Classifications/Positions.
(1) Establishment. The classifications and the number of positions created in
subsection (b) of this section are provided for and established without the
necessity of any action by the Civil Service Commission or the City
Council.
(2) Creation and Abolishment. The classifications and positions created
and/or abolished pursuant to the terms of this article after the Effective Date
shall be deemed provided for and established without the necessity of any
action by the Civil Service Commission or the City Council.
(3) Record. The Director of Civil Service shall maintain the official record of
the classifications and number of positions in each classification created or
abolished pursuant to this Agreement, which record shall be binding on the
parties hereto,
(b) Assignment to Classifications. On the Effective Date, Medics will be
placed in the classifications and positions created by the City Council as follows:
Position in the EMS Division
Classification iii the I. i rc
of the "calth Department
Department
Paramedic
Non -Fire Paramedic
Senior Paramedic
Non -Fire Paramedic
Paramedic Supervisor
Non -Fire Paramedic Supervisor
EMS Coordinator
EMS Coordinator
The parties understand and agree that there will be no person, other than a Medic,
who will hold a position in the classifications hereinabove. As Medics leave the Fire
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Department through retirement, resignation or otherwise, the number of authorized
positions in the above -referenced classifications shall be reduced accordingly.
Additionally, once a position in one of the classifications hereinabove is abolished as
provided in subsection (f) of this section after the promotion of a Firefighter Paramedic,
the number of authorized positions in the classification shall be reduced accordingly.
(c) Duties. The duties of persons within the classifications of Non -Fire
Paramedic, Non -Fire Paramedic Supervisor, and EMS Coordinator will be allocated and
assigned in accordance with and subject to Article 3 of this Agreement. It is understood
and agreed by the parties hereto that a Certified Medic may be assigned to work paramedic
and/or firefighter assignments. Certified Medics shall be assigned by the Fire Chief to
duties in the Medical Division of the Fire Department. A Certified Medic may be
temporarily assigned by the Fire Chief to duties in the Fire Department other than those
associated with the Medical Division of the Fire Department only if the Certified Medic
requests such temporary assignment in writing, whether by e-mail or otherwise.
(d) Temporary Duties in Higher Classification. Without being considered a
promotion or count as time in grade, the Fire Chief may designate a Medic from a lower
classification to temporarily fill a position of another Medic in a higher classification based
upon the classification hierarchy established in subsection g(l) of this section. The Fire
Chief may also designate a Firefighter Paramedic to temporary fill a position of a Medic in
a higher or equivalent position in lieu of designating a Medic.
(e) Paramedic Certification. All Medics classified as a Non -Fire Paramedic,
Non -Fire Paramedic Supervisor, and EMS Coordinator shall be required to maintain their
paramedic certification in order to continue employment in the Baytown Fire Department.
(f) Fire Certification.
(1) Not Required. No Medic will be required to obtain firefighter
certification from the TCFP as a condition for continued
employment in the Fire Department. A Medic who does not obtain
firefighter certification will be assigned to work paramedic and non -
firefighter assignments.
(2) Permitted. During the Transition Period only, a Medic may submit
a written request to the Fire Chief to become certified as a firefighter
by the TCFP at the City's expense and on City time. The Fire Chief,
in his sole discretion, may grant such request and/or place conditions
thereon if adequate funds are budgeted within the Fire Department's
budget for such purposes and if the Medic has not attempted to
obtain such certification under this subsection on more than two (2)
occasions during the Transition Period. The Parties agree for and
on behalf of the Medics that if a Medic does not obtain the Fire
Chief's approval of a request to become certified as a firefighter by
the TCFP at the City's expense and on City time, he may pursue
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such certification on his own time and at his own expense and shall
not seek tuition reimbursement or compensation of any sort for the
time spent seeking to obtain such certification on his own. The
failure of the Fire Chief to grant a request to become certified, to
pay for time spent in becoming certified and/or to pay tuition
reimbursement shall not be subject to grievance procedure in this
Agreement.
(3) Obtained.
a. If a Medic in the classification Non -Fire Paramedic obtains
his firefighter certification, a new position in the
classification Fire Fighter shall be created and the
classification and such person's position in the classification
of Non -Fire Paramedic shall be abolished.
b. If a Medic in the classification Non -Fire Paramedic
Supervisor obtains his fire fighter certification, a new
position in the classification Lieutenant shall be created and
such person's position in the classification of Non -Fire
Paramedic Supervisor shall be abolished.
Those Medics, who were in the classification Non -Fire
Paramedic Supervisor on January 7, 2013, who obtained
his/her fire fighter certification prior to October 1, 2014, and
held a position in the classification of Battalion Chief prior
to October 1, 2014, shall, effective October 1, 2014:
hold a position in the classification of Lieutenant;
2. be entitled to count the time period in which such
person served as a Battalion Chief as time in rank as
a Lieutenant for purposes of determining the
appropriate tier in the salary schedule in Appendix
Years 5-6;
3. be paid the same base salary as such person made on
the day prior to October 1, 2014, but shall not be
entitled to an increase in base salary until the annual
base salaries of those in the classification Lieutenant,
who have not been reclassified in accordance with
this subsection b, equal or exceed the base salary of
the reclassified persons, at which time all persons in
the classification of Lieutenant with equal years of
service in such classification shall be paid the same;
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4. be entitled to receive the same percentage increase in
the form of quarterly payments as others in the
classification of Lieutenant, who have not been
reclassified in accordance with this subsection b,
receive in the form of base salary. The quarterly
payments shall be made as follows:
Quarte
Quarter
Period
Payment
Date
1
January
1st —March 31 st
Aril 30
2
Aril 1"
—June 30th
July 31
3
Jul 1st
— September 301h
October 31
October
1" — December
January 31
Q4
31 st
All quarterly payments will be subject to FICA,
TMRS and other withholding taxes as a regular
check. Employees and the Union understand and
agree that any quarterly payments provided for in this
subsection are only for the period in which the base
salary of those in the classification of Lieutenant,
who have not been reclassified in accordance with
this subsection b is less than the base salary of the
Lieutenants, who have been reclassified in
accordance with this subsection b. The quarterly
payments shall not be construed to be a part of base
salary or any other pay identified by state or federal
law, including, but not limited to, Chapters 141, 142
and 143 of the Texas Local Government Code; and
5. have no right of appeal to the Civil Service
Commission, a third -party hearing examiner or any
court regarding any matter arising out of or resulting
from the reclassification as provided for in this
subsection b, as the parties understand and agree that
the reclassification is neither a demotion nor any
form of discipline
C. If the Medic in the classification EMS Coordinator obtains
his firefighter certification, a new position in the
classification Assistant Chief shall be created and the
classification and such person's position in the classification
of EMS Coordinator shall be abolished.
(g) Promotions.
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(1) Transition Period. Medics will not be eligible for promotion except
during the Transition Period during which such persons may be
promoted only to those classifications referenced in subsection (b)
of this section.
a. Non -Fire Paramedic Supervisor. During the transition
period, promotions due to a vacancy in the classification of
Non -Fire Paramedic Supervisor shall be either by
appointment of the Fire Chief or as a result of an open
competitive exam, as determined by the Chief in his sole
discretion. If the promotion is based upon a competitive
promotional exam, eligibility for promotion shall be in
accordance with Sections 10.01 through 10.03 of the
Firefighters' & Police Officers' Civil Service Rules and
Regulations.
1. If a Lieutenant is appointed or an Equipment
Operator, meeting the eligibility requirements for
promotion to Lieutenant as specified in Sections
10.01 through 10.03 of the Firefighters' & Police
Officers' Civil Service Rules and Regulations, is
promoted based upon a competitive promotional
exam, the position in the classification Non -Fire
Paramedic Supervisor shall be abolished and a new
position in the classification of Lieutenant shall be
created to which such person shall be assigned or
promoted.
2. If a Certified Medic is promoted, the position in the
classification Non -Fire Paramedic Supervisor shall
be abolished and a new position in the classification
of Lieutenant shall be created to which such person
shall promote.
3. If a Medic who is not a Certified Medic is promoted
to Non -Fire Paramedic Supervisor, the position in
the classification Non -Fire Paramedic shall be
abolished
b. EMS Coordinator. During the transition period,
promotions to the classification of EMS Coordinator, if the
classification exists, shall be by appointment of the Fire
Chief without a test. The Fire Chief may appoint a Medic or
a Firefighter Paramedic. If a Firefighter Paramedic is
promoted, the position in and the classification of EMS
Coordinator shall be abolished and a new position in the
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classification of Assistant Chief within the Medical Division
of the Fire Department shall be created to which such person
shall promote.
(2) During and After the Transition Period. Certified Medics, with
the exception of those persons who never held a position in the
classification of Fire Fighter within the Department during the
Transition Period, will be eligible for promotion during the
Transition Period and any time thereafter; provided the applicable
time in rank provisions herein and/or in Chapter 143 have been
satisfied.
a. Promotion of Certified Medics in the Fire Fighter
Classification. Certified Medics will be eligible to take the
following promotional exams:
A Certified Medic who has not continuously held a
position of EMS Paramedic within the City of
Baytown's Health Department for at least one year
on the Effective Date must hold a position in the Fire
Department in the classification of Fire Fighter for
three years to be eligible to take the promotional
exam for Equipment Operator.
2. A Certified Medic who has continuously held a
position of EMS Paramedic within the City of
Baytown's Health Department for at least one year
t on the Effective Date must hold a position in the Fire
Department in the classification of Fire Fighter for at
least two years to be eligible to take the promotional
exam for Equipment Operator.
b. Promotion of Certain Certified Medics in the Lieutenant
Classification. Certified Medics, who attained a position in
the classification of Lieutenant during the Transition Period
pursuant to Section 5(f)(3)b, are not eligible for promotion
by competitive exam and may only be appointed at the sole
discretion of the Fire Chief to a position in the classification
of Assistant Chief created pursuant to Section 5(f)(3)c or
Section 5(g)(1)b.
(h) Demotions.
(1) Medics. While Medics who are not firefighter certified are eligible
for promotion during the Transition Period, such Medics can be
demoted at any time in accordance with Chapter 143 to the next
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lower classification available to Medics who are not firefighters if
the same is not abolished. Such classifications to which Medics may
be demoted in order of hierarchy are as follows:
Classificationsllierarcliv of EMS Coordinator
Non -Fire Paramedic Supervisor
Non -Fire Paramedic
If the classification immediately below the classification from
which the Medic is being demoted has been abolished at the time
of demotion, the Medic shall be demoted to a position in the next
lower classification in the above -referenced hierarchy of
classifications. If all of the classifications below the
classification from which the Medic is being demoted have been
abolished, the Medic shall be dismissed from the Fire
Department.
(2) Assistant Chief. If the EMS Coordinator becomes certified
as a fire fighter in accordance with Section (5)(f)(3)(c) of this
section, he shall serve at the pleasure of the Fire Chief and may be
demoted without cause to the classification of Lieutenant within the
Medical Division of the Fire Department.
(i) Reductions in Force. Personnel reduction shall be in accordance with
Texas Local Government Code Section 143.085; provided however, the position
immediately below the vacated or abolished position in the classifications listed in Section
5(b) shall be as follows listed from highest to lowest:
Hierarchy of Classifications
EMS Coordinator
Non -Fire Paramedic Supervisor
Non -Fire Paramedic
If the classification immediately below the classification held by the Medic at the time of
the reduction in force has been abolished, the Medic shall be demoted to a position in the
next lower classification in the above -referenced hierarchy of classifications. If all of the
classifications below the classification from which the Medic is being demoted as a result
of the reduction in force have been abolished, the Medic shall be dismissed from the Fire
Department. Medics who have been laid off shall not be subject to recall after a reduction
in force unless they are certified as firefighters at the time of the reduction in force and of
the recall.
0) Seniority. A Medic's years of employment with the City prior to the
Effective Date shall be counted only for purposes of longevity pay, accrual benefits, and
retirement. If on the day prior to the Effective Date, a Medic is employed with the City as
a Paramedic or Senior Paramedic, such Medic's years of employment prior to the Effective
Date as a Paramedic or Senior Paramedic shall be counted only for purposes of determining
the appropriate tier in the Fire Fighter classification in the compensation plan as detailed
in Article 23. If on the day prior to the Effective Date, a Medic is employed with the City
as a Paramedic Supervisor or an EMS Coordinator, such Medic's years of employment
prior to the Effective Date shall not be counted for purposes of determining the appropriate
tier in the Battalion Chief or Assistant Chief classification in the compensation plan as
detailed in Article 23, as such individuals shall be placed in the lowest tier of such
classifications after being certified as a firefighter. A Medic's seniority for purposes of
promotion shall be determined in accordance with subsection (g) of this section or Chapter
143, as applicable.
Section 6. Compensation.
(a) Medics. Medics in the classifications created pursuant to Section 5(b) of
this Article shall be paid their same rate of pay as they received on the day prior to the
Effective Date. Such rate may be increased if-
1. an across-the-board raise is paid to all of the non -civil service
employees of the City,
2. a bonus payment is paid to all of the non -civil service employees of
the City, or
3. a merit raise is offered to non -civil employees of the city.
Any increase will be paid in the same manner and at the same time as the same is paid to
non -civil service employees provided, however, if a merit increase is offered, then the rate
of pay will increase by the average percentage merit increase budgeted. All such increases
shall be subject to FICA, TMRS and other withholding taxes.
Notwithstanding the foregoing, any increase authorized by this subsection, which would
result in the Medic receiving compensation in excess of the tier to which such Medic would
move if the Medic became a Certified Medic, shall be paid as quarterly payments and shall
not be construed as part of the Medic's base pay or any other pay identified by state or
federal law, including, but not limited to, Chapters 141, 142 and 143 of the Texas Local
Government Code. All such quarterly payments will be subject to FICA, TMRS and other
withholding taxes.
(b) Certified Medics. Except as provided in subsection (c), Certified Medics
shall be paid the greater of the following:
1. their same rate as they received on the day prior to the Effective Date
or
2. the base compensation specified in Appendix Years 5 - 6 of the
Agreement at the tier that corresponds to their time in service as a
City of Baytown EMS Paramedic, Senior Paramedic, or Paramedic
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Supervisor of the equivalent classification based upon the following
chart:
If a salary increase is negotiated for members of the bargaining team, any
Certified Medic whose salary on the day prior to the January 7, 2013, is
higher than his appropriate tier in Appendix 1 Years 1 - 5 will not be eligible
for a salary increase but will receive the average percentage of the
negotiated salary increase for the Fire Fighter classification paid as a
quarterly bonus. Such quarterly bonus shall not be construed as part of the
Certified Medic's base pay or any other pay identified by state or federal
law, including, but not limited to, Chapters 141, 142 and 143 of the Texas
Local Government Code, except as otherwise required by law. All such
quarterly payments will be subject to FICA, TMRS and other withholding
taxes.
(c) Certified Medic in Battalion Chief or Assistant Chief Classification. A
Certified Medic in the classification of Battalion Chief or Assistant Chief shall be paid the
greater of the following:
l . his same rate as they received on the day prior to the Effective Date
or
2. the base compensation specified in Appendix Years 1 - 5 of the
Agreement for a Tier 1 Battalion Chief or a Tier 1 Assistant Chief,
as appropriate, which compensation may increase thereafter based
upon number of years the Certified Medic has held a position in such
classification.
Section 7. Effect on decisions of the Civil Service Commission and Third -Party Hearing
Examiners.
Third Party Hearing Examiners as well as the Civil Service Commission shall be bound by
the terms of this article in making decisions pertaining to Medics. Should a third -party hearing
examiner, the Baytown Civil Service Commission or any successor thereto make a decision which
is contrary to the terms and conditions contained herein, the parties understand and agree that such
decision shall be deemed to be beyond the jurisdiction of the third -party hearing examiner, the
Baytown Civil Service Commission, or any successor, and such decision will be interpreted by the
parties in accordance with this Article.
FEW
Section 8. Interpretation
The parties expressly understand and agree that a "fire emergency vehicle" as used in such
section shall not be deemed to include any ambulance or any other emergency vehicle used by
Medics or firefighters assigned to the Medical Division of the Baytown Fire Department. The
Parties agree for and on behalf of all employees covered by this Agreement that the failure to
assign four (4) personnel of any classification to operate an ambulance or any other emergency
vehicle used by Medics or firefighters assigned to the Medical Division of the Fire Department
shall not be subject to grievance procedure in this Agreement or to any other administrative or
judicial review.
Section 9. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141, 142
or 143 of the Texas Local Government Code or any other applicable statute, executive order, or
local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter
174 of the Texas Local Government Code.
Section 10. Evergreen.
The terms and conditions of this Article as well as in Article 3 of the Agreement
shall survive after the expiration or termination of this Agreement and shall not thereafter be
subject to repeal, amendment or modification unless agreed to by the parties.
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