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Ordinance No. 12,707ORDINANCE NO. 12,707 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SEVENTH AMENDMENT TO THE FIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes the Seventh Amendment to the Fire Collective Bargaining Agreement between the City of Baytown, Texas, and the International Association of Firefighters Local 1173. A copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the City of Baytown this the 17th day of November, 2014. o° e APPROVED AS TO FORM: 4C�•'es(��e =l/ ACIO RAMIREZ, SR., City ey vote of the City Council of the H. DONCARLOS, Mayor R:1KarenllilessCityCouncil Ordinances\2014Wovember 17` CollectiveBargainingSeventhAmendment .doc • SEVENTH AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT OCTOBER 1,2010—SEPTEMBER 30,2016 This Seventh Amendment to the Collective Bargaining Agreement for O ober 1, 2010 - September 30, 2016 ("Seventh Amendment") is signed and agreed upon this the / y of Qetobet, It omnbei- 2014, by and between the City of Baytown, Texas, a municipal corporation located in Harris and Chambers Counties, Texas (the "City" or the "Employer") and the International Association of Firefighters Local 1173 (the"Union"). WITNESSETH WHEREAS, the Union and the City have mutually agreed to reopen the Collective Bargaining Agreement for October 1, 2010 — September 30, 2016 (the "Agreement") to allow in certain cases the reappointment of a former Firefighter to the Fire Department after his voluntary resignation; and WHEREAS,the parties understand and agree that certain provisions of the civil service law must be pre-empted in order to accomplish such purposes; and WHEREAS, the provisions of this Seventh Amendment shall pre-empt all provisions of Chapter 143 of the Texas Local Government Code as necessary in order to effectuate the amendments herein; NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, the City and the Union agree to amend the Collective Bargaining Agreement for October 1, 2010 -September 30,2016,as follows: 1. Recitals. The recitals contained hereinabove are true and incorporated as part of this Seventh Amendment. 2. Amendment. The Agreement is hereby amended to add a new article to be numbered and entitled Article 34"Reappointment,"which shall read as follows: ARTICLE 34 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. 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 Seventh Amendment,Page 1 Firefighter, including those requirements referenced and/or contained in Article 33, Section 1 of the Agreement; 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. Section 3. Reappointment. It shall be the Fire Chiefs 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 23. The applicant's seniority for purposes of promotion shall be determined in accordance with Article 7, Section 3 of this Agreement, Chapter 143 and the City of Baytown Civil Service Rules and Regulations. Section 5. Post-Appointment Retention Requirements. The applicant if reappointed, however, shall be required to meet the post-hire retention requirements specified in Article 33, Section 2 of the Agreement to remain employed. Section 6. 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. Seventh Amendment,Page 2 3. Essence. Time is expressly declared to be of the essence in regards to the Agreement. 4. Jurisdiction. The Agreement and all amendments thereto, including this Seventh Amendment, shall be construed under and in accordance with the laws of the State of Texas,and all obligations created by the Agreement and all amendments thereto shall be performable in Harris County, Texas. 5. Validity. In case any one or more of the provisions contained in this Seventh Amendment shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Seventh Amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. Ambiguity. In the event of any ambiguity in any of the terms of this Seventh Amendment, it shall not construed for or against any party hereto on the basis that such party did or did not author the same. 7. Sole Agreement. The provisions of this Seventh Amendment and the provisions of the Sixth Amendment, the Fifth Amendment, the Fourth Amendment, the Third Amendment, the Second Amendment, the First Amendment and the Agreement should be read together and construed as one agreement, provided that in the event of any conflict or inconsistency between the provisions of this Seventh Amendment and the provisions of the Sixth Amendment, the Fifth Amendment, the Fourth Amendment, the Third Amendment, the Second Amendment, First Amendment and/or the Agreement,the provisions of this Seventh Amendment shall control. 8. Amendments. No amendment, modification, or alteration of the terms of this Seventh Amendment shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 9. Headings. The headings as to contents or particular articles or sections herein are inserted only for convenience. They are in no way to be construed as a part of or limitation on the scope of the particular section or sections to which they refer. 10. Authority. Each party has the full power and authority to enter into and perform this Seventh Amendment and the person signing this Seventh Amendment on behalf of each party has been properly authorized and empowered to enter into this Seventh Amendment. 11. Preemption. To the extent that any provision of this Seventh Amendment conflicts with or changes Chapter 143 of the Texas Local Government Code or any other applicable statute, executive order, local ordinance or rule, or earlier versions or amendments of the Agreement,this Seventh Amendment shall supersede such provisions, as authorized by Chapter 174 of the Local Government Code. 12. Evergreen. The expiration or termination of the Agreement shall not affect the validity of any reappointment made by the Fire Chief in accordance with Article 34. 13. Binding Effect. The parties acknowledge they have read, understand, and intend to be bound by the terms and conditions of this Seventh Amendment. Seventh Amendment,Page 3 14. Multiple Execution. It is understood and agreed this Seventh Amendment may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. IN WITNESS W REOF, the undersigned City and the Union hereto execute this Seventh Amendment on this the rday of ,2014,the date on which this amendment is signed by the City Manager. C CITY OF BAYTOWN BAYTOWN PROFESSIONAL FIRE FIGHTERS UNION,LOCAL 1173 ERT D.LEIPER,City Manager MARK MEDRANO,President ATT ST: ATTEST: • +� r E CIA BRYSCH,City erk /Kol,,,l,} 'Rolm ,Secretary x} 4 VW _-- R:\Karen\Files\Contracts\Collective Bargaining\2014\7thAmendment.doc Seventh Amendment,Page 4 Appendix Years 5 -- 6 R: 1Karen lFileslContractslCollective Bargaining\2014 '.7thAmendment.doc Appendix Years 5 -- 6, Page Solo