Ordinance No. 12,989ORDINANCE NO. 12,989
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A MEET AND CONFER AGREEMENT WITH THE
BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
Mayor to execute and the City Clerk to attest to a Meet and Confer Agreement with the Baytown
Municipal Police Association, Inc. A copy of said agreement is attached hereto, marked Exhibit "A,"
and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative
of Baytown this the 8t1, day of October, 2015.
S
APPROVED AS TO FORM:
t
ACIO RAMIREZ, Sr., City torney
the City Council of the City
H. DONCARLOS, Mayor
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Exhibit "A"
AGREEMENT
Between
THE CITY OF BAYTOWN, TEXAS
.,
BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.
January 2016 — December 2018
TABLE OF CONTENTS
ARTICLE 1 -
INTENT AND PURPOSE ......................................................... ..............................1
ARTICLE 2 -
AUTHORITY AND RECOGNITION ...................................... ..............................1
ARTICLE 3 -
PREEMPTION PROVISION ................................................... ............................... I
ARTICLE 4 -
REIMBURSEMENT OF ACADEMY TRAINING TUITION . ..............................1
ARTICLE 5
PROBATIONARY PERIOD ..................................................... ..............................2
ARTICLE 6
SIGNING INCENTIVE ............................................................. ..............................2
ARTICLE 7 -
ALTERNATIVE HIRING ......................................................... ..............................2
ARTICLE 8
RELOCATION EXPENSES FOR ALTERNATIVE HIRES ... ..............................3
ARTICLE 9 -
RELOCATION EXPENSE REIMBURSEMENT FOR
EXISTING POLICE OFFICERS .............................................. ..............................4
ARTICLE 10
- COMPENSATION .................................................................. ..............................5
ARTICLE11
-- OVERTIME ............................................................................. ..............................8
ARTICLE 12
- COMPLETE AGREEMENT CLAUSE .................................. ..............................9
ARTICLE 13
- SAVINGS CLAUSE ................................................................ ..............................9
ARTICLE 14
- DURATION OF AGREEMENT ............................................ .............................10
APPENDIXA ..................................................................................................... ...............................
ARTICLE 1
INTENT AND PURPOSE
It is the intent and purpose of this Agreement, entered into by the City of Baytown, Texas, a
home rule municipality hereinafter referred to as the "City" and the Baytown Municipal Police
Association, Inc., hereinafter referred to as the "Association," to achieve and maintain harmonious
relations between the Parties related to working conditions and other conditions of employment in
accordance with Subchapter B of Chapter 142 Texas Local Government Code and not deny local control
by the City. The Agreement has been reached by the City and the Association, collectively hereinafter
referred to as the "Parties," through the process of Meet and Confer with the objective of fostering
effective cooperation between the City and its Police Officers.
ARTICLE 2
AUTHORITY AND RECOGNITION
The City recognizes the Association as the sole and exclusive bargaining agent for all covered
police officers as defined in Texas Local Government Code Section 143.003, excluding the employees
exempt under Section 142.058 (b) of the Police Department, hereinafter referred to as "Police Officers,"
pursuant to Texas Local Government Code, Section 142.051, et seq.
ARTICLE 3
PREEMPTION PROVISION
During the term of this Agreement and to the extent of any conflict, the provisions of this
Agreement shall supersede the provisions of all contrary statutes, Executive Orders, local ordinances, and
rules, including for example and not by way of limitation, the contrary provisions of Texas Local
Government Code Chapters 141, 142 and 143, Ordinances of the City of Baytown, Texas, and the Rules
and Regulations of the Police and Firefighter's Civil Service Commission for the City of Baytown, Texas.
This preemption provision is authorized by Section 142.067 of the Texas Local Government Code, and
the Parties have expressly agreed that each and every provision involving or creating such a conflict shall
have the effect of superseding the statutory standard or result, which would otherwise be obtained in the
absence of this Agreement.
It is understood and agreed that unless specifically modified by this Agreement, the City's
Personnel Policies and Administrative Rules, the City of Baytown's Civil Service Rules and Regulations,
as well as the Baytown Police Department's Rules and Regulations and general and special orders shall
continue to apply to employees covered by this Agreement.
ARTICLE 4
REIMBURSEMENT OF ACADEMY TRAINING TUITION
Subject to the provisions of this article, a Police Officer who has completed a course of
instruction at an accredited peace officer academy within one (1) year of his/her hire date, shall be
reimbursed the cost of the academy tuition in an amount not to exceed $2000 in accordance with this
article. This reimbursement shall be paid as follows: $500 within 30 days after successful completion of
the FTO program and the balance in equal monthly installments until the end of his/her probationary
Meet and Confer Agreement, Page 1 of 10
period; provided, however, should the Police Officer fail to complete his/her probation period for any
reason, such Police Officer shall reimburse the City all monies paid to him/her pursuant to this article.
Reimbursement shall be made only if the Police Officer has expended his/her personal funds for such
instruction, has not been reimbursed for the same by any governmental entity, and provides necessary
documentation, as determined by the City, for reimbursement.
ARTICLE 5
PROBATIONARY PERIOD
Any person initially appointed to any position in the class of Probationary Police Officer or
Police Officer Trainee must serve a probationary period of one year beginning on that person's date of
employment as a Probationary Police Officer or Police Officer Trainee. A Probationary Police Officer or
Police Officer Trainee who is required to attend a basic training academy for initial certification by the
Texas Commission on Law Enforcement shall serve an additional six (6) month probationary period for a
total of eighteen (18) months.
ARTICLE 6
SIGNING INCENTIVE
Subject to the conditions listed below, any person initially appointed to any position in the class
of Probationary Police Officer or Police Officer Trainee on or after the effective date of this agreement,
but no later than December 31, 2018, shall receive $1,500 as follows: $500 upon successful completion of
the FTO program and the balance in equal monthly installments until the end of the probationary period
for a total payment of $1,500; provided, however, should the Police Officer fail to complete his/her
probation period for any reason, such Police Officer shall reimburse the City all monies paid to him/her
pursuant to this article.
ARTICLE 7
ALTERNATIVE HIRING
Notwithstanding any provisions in Texas Local Government Code Chapter 143, the Parties have
agreed that the needs of the Police Department for qualified and capable personnel require the adoption
and implementation of these provisions to modify the hiring provisions in Texas Local Government Code
Chapter 143:
a. The City shall be authorized and entitled to hire peace officers from other law
enforcement agencies, or who have been employed by such agencies within the last six
(6) months and have left such employment in good standing, in accordance with the
provisions and limitations contained in this article.
b. For purposes of the pay scale, Police Officers, who (i) have experience in another law
enforcement agency as a peace officer, (ii) otherwise meet the qualifications for a Police
Officer in the Baytown Police Department, and (iii) are hired by the City, shall be
credited with up to five (5) years of service, following certification as a Texas Peace
Officer, as follows:
Meet and Confer Agreement, Page 2 of 10
Number of Completed Years of
Service as a Peace Officer in the
Immediately preceding Law
Enforcement Agency
Credited Years of Service in the
Baytown Police Department
2
1
4
2
6
3
8
4
10
5
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.
C. The training program for officers hired under this article shall be determined by Chief of
the Police Department.
The expiration of this Agreement after the hiring of any officer shall not affect the employment of
such officer, irrespective of the fact that the officer may not have finished the academy or other training
programs or requirements. This Article shall supersede all contrary provisions in Texas Local
Government Code Chapters 141, 142 and 143, including Sections 143.021 - 143.025.
ARTICLE 8
RELOCATION EXPENSES FOR ALTERNATIVE HIRES
The City shall reimburse the cost of moving household goods and effects to the City of Baytown
for officers hired under Article 7 up to a maximum of $2,000. The officer will obtain three (3) bids from
reputable moving firms and the City Manager may elect the moving firm of choice, reserving the option
to select the lowest responsible bidder. Moving reimbursement is available only for moves from outside
the city limits to inside the city limits of Baytown.
ARTICLE 9
RELOCATION EXPENSE REIMBURSEMENT FOR EXISTING POLICE OFFICERS
Existing City of Baytown police officers, who have completed their probationary time period,
residing outside the City limits wishing to move into the City limits will be eligible for closing cost
reimbursement of $2,000 to purchase a conventional home within the City limits. This assistance will be
provided only once to an officer and only when the officer moves from outside the City limits and
purchases a conventional home within the City limits and establishes that home as his/her primary
residence. Mobile homes, manufactured homes, and homes purchased under a contract for deed will not
be eligible for this benefit. A police officer, whose home is annexed into the City after the effective date
of this Agreement, will not be eligible for this benefit.
Meet and Confer Agreement, Page 3 of 10
ARTICLE 10
COMPENSATION
Base Compensation.
A. Year 1. Effective January 1, 2016, Police Officers covered by this Agreement shall be paid base
compensation as reflected by the chart in Appendix A, which is incorporated herein for all intents
and purposes, for Year 1 (January 1. 2016 to December 31, 2016). Such compensation represents
a three percent (3 %) increase with an additional one percent (1 %) market adjustment.
B. Year I Effective January 1, 2017, (January 1, 2017 to December 31, 2017), the base
compensation of Police Officers covered by this Agreement shall be subject to the Automatic
Adjustment without any reopener, unless otherwise agreed by the Parties, if each of the following
thresholds is met:
Threshold
No.
Threshold
City's 2015 Audited Total General Fund Revenue
1
— > 1.05
— I
City's 2014 Audited Total General Fund Revenue
—L—
City's 2015 Audited Total CCPD Revenue
2
— > 1.05
City's 2014 Audited Total CCPD Revenue
City's Unaudited Total General Fund Revenue from
October 1, 2015 to March 31, 2016
3
— > 1.05
City's Unaudited Total General Fund Revenue from
October 1, 2014 to March 31, 2015
City's Unaudited Total CCPD Revenue from
October 1, 2015 to March 31, 2016
4
— > 1.05
City's Unaudited Total CCPD Revenue from
October 1, 2014 to March 31, 2015
No declaration of disaster has been issued pursuant to federal or state law for any
5
area within the corporate limits of the City of Baytown at any time during calendar
year 2016.
If each of the thresholds is not satisfied, the Agreement shall be reopened automatically solely for
the purposes of determining base compensation for that year unless otherwise agreed to by the
Parties. It is understood and agreed that the Police Officers covered by this agreement shall be
offered at least the same average percent increase in base compensation received by all other non -
civil service employees of the City commencing January 1, 2017.
C. Year I Effective January 1, 2018, (January 1, 2018 to December 31, 2018), the base
compensation of Police Officers covered by this Agreement shall be subject to the Automatic
Adjustment without any reopener, unless otherwise agreed to by the Parties, if each of the
following thresholds is met:
Meet and Confer Agreement, Page 4 of 10
No.
Threshold
City's 2016 Audited Total General Fund Revenue
1
— > 1.05
City's 2015 Audited Total General Fund Revenue
City's 2016 Audited Total CCPD Revenue
2
— > 1.05
City's 2015 Audited Total CCPD Revenue
City's Unaudited Total General Fund Revenue from
October 1, 2016 to March 31, 2017
3
— > 1.05
City's Unaudited Total General Fund Revenue from
October 1, 2015 to March 31, 2016
City's Unaudited Total CCPD Revenue from
October 1, 2016 to March 31, 2017
4
— > 1.05
City's Unaudited Total CCPD Revenue from
October 1, 2015 to March 31, 2016
No declaration of disaster has been issued pursuant to federal or state law for any
5
area within the corporate limits of the City of Baytown at any time during calendar
year 2017.
If each of the thresholds is not satisfied, the Agreement shall be reopened automatically solely for
the purposes of determining base compensation for that year unless otherwise agreed to by the
Parties. It is understood and agreed that the Police Officers covered by this agreement shall be
offered at least the same average percent increase in base compensation received by all other non-
civil service employees of the City commencing January 1, 2018.
D. Definitions. As used in Subsections A, B and C of "Base Compensation" of this article, the
following terms shall have the meanings expressed hereinbelow:
Audited Total General Fund Revenue means the total revenues listed in the applicable
Comprehensive Annual Financial Report (CAFR) for the General Fund, excluding bond or loan
proceeds and excluding revenues from Industrial District Agreements.
Audited CCPD Fund Revenue means the total revenues listed in the applicable CAFR for the
CCPD, excluding bond or loan proceeds and excluding revenues from Industrial District
Agreements.
Automatic Adjustment means the average percent change in base compensation of police officers
in other civil service cities in Texas having a population from 80,000 to 300,000 within the
Metropolitan Statistical Areas, as determined by the Joint Committee, plus two percent (2 %) until the
average market level is reached. The average percent change in base compensation shall be based upon
the fiscal year of each city and shall be calculated as follows:
Meet and Confer Agreement, Page 5 of 10
N'ear
Average Pei-cent Change in Base Compensation Calculation
of the following:
Average of all police officers' actual base
Bastrop County, Texas,
compensation in the Metropolitan Statistical Areas
Caldwell County, Texas,
for fiscal year 2015
2
— - 1
Travis County, Texas, and
Average of all police officer's actual base
Williamson County, Texas;
compensation in the Metropolitan Statistical Areas
- Fort Worth - Arlington Metropolitan Statistical Area, consisting of
for fiscal year 2014
1)
Average of all police officers' actual base
2)
compensation in the Metropolitan Statistical Areas
3)
for fiscal year 2016
3
Denton County, Texas
5)
Average of all police officer's actual base
6)
compensation in the Metropolitan Statistical Areas
7)
for fiscal year 2015
The parties agree that the total dollar amount of the automatic adjustment may be applied
unequally (targeted adjustments) to the classifications in Years 2 and 3 in an effort to address the
classifications which are furthest behind the market. The allocation of the "targeted adjustments" will be
determined by the Joint Committee and forwarded to both meet and confer teams.
CCPD means the Baytown Crime Control and Prevention District.
Metropolitan Statistical Areas means any of the following:
a. Austin
-- Round Rock San Marcos Metropolitan Statistical Area, consisting
of the following:
1)
Bastrop County, Texas,
2)
Caldwell County, Texas,
3)
Hays County, Texas,
4)
Travis County, Texas, and
5)
Williamson County, Texas;
b. Dallas
- Fort Worth - Arlington Metropolitan Statistical Area, consisting of
the following:
1)
Collin County, Texas,
2)
Dallas County, Texas,
3)
Delta County, Texas,
4)
Denton County, Texas
5)
Ellis County, Texas,
6)
Hunt County, Texas,
7)
Kaufrnan County, Texas,
8)
Rockwall County, Texas,
9)
Johnson County, Texas,
10)
Parker County, Texas,
11)
Tarrant County, Texas, and
Meet and Confer Agreement, Page 6 of 10
12)
Wise County, Texas; and
C. Houston Sugar Land Baytown Metropolitan Statistical Area, consisting
of the
following:
1)
Austin County, Texas,
2)
Brazoria County, Texas,
3)
Chambers County, Texas,
4)
Fort Bend County, Texas,
5)
Galveston County, Texas,
6)
Harris County, Texas,
7)
Liberty County, Texas,
8)
Montgomery County, Texas,
9)
San Jacinto County, Texas, and
10)
Waller County, Texas.
Unaudited Total General Fund Revenue Actually Received means all General Fund revenues
received, excluding bond and loan proceeds and excluding revenues from Industrial District
Agreements, as certified by the City's Director of Finance.
Unaudited CCPD Revenue means all CCPD revenues received, excluding bond and loan
proceeds and excluding revenues from Industrial District Agreements, as Certified by the City's
Director of Finance.
E. Joint Committee. In May of 2016 and 2017,
1. The Parties shall form a joint committee for the purpose of surveying and collecting data
relating to the salaries of police officers. The committee shall be composed of no more than
four (4) members, two selected by the Association and two selected by the City.
2. The committee shall survey and compare annual salary data for Baytown Police Officers to
the compensation paid to police officers of other civil service cities in Texas having a
population from 80,000 to 300,000 within the Metropolitan Statistical Areas.
3. The salary data collected shall be analyzed utilizing the current annual salaries of police
officers and aged to January 1 of the applicable year, as needed.
4. From the data collected, the joint committee shall determine market level salaries for each
officer rank and step as well as the average percent change in base compensation of all civil
service police officers' in the Metropolitan Statistical Areas for the applicable year.
5. The members of the committee shall not make any final decisions in relationship to the salary
of employees. In a year where each of the five (5) thresholds specified hereinabove are met,
the data gathered along with the Joint Committee's findings of the average percent change in
base compensation of all civil service police officers' in the Metropolitan Statistical Areas for
the applicable year shall be provided to the City Manager for use in the preparation of the
budget and for the automatic adjustment in base compensation paid to Police Officers
covered by this Agreement. In a year where each of the five (5) thresholds specified
hereinabove are not met, the data shall be provided to both meet and confer teams for use in
negotiations.
F. Continuation of Current Base Compensation. If the Contract is automatically reopened due to
the failure of the revenues to meet the threshold, it is expressly understood and agreed that until a
new agreement concerning the base compensation is reached for years covered by this
Agreement, the current base compensation being paid to officers will continue.
Meet and Confer Agreement, Page 7 of 10
Certificate Pay. Effective January 1, 2016, Police Officers, who have completed the FTO program and
have the following certifications, shall be paid the following monthly certificate pay:
Certification Montlily
Intermediate
Certificate Pay
$92.08
Advanced
$157.08
Master
$212.33
Field Training Instructor Pay. Effective January 1, 2016, Police Officers who are appointed and
assigned as Field Training Instructors shall receive additional assignment pay of $100.00 per month.
Section 1. Definitions.
section:
ARTICLE 11
OVERTIME
The following terms when used in this Article shall have the meanings ascribed to them in this
Additional Hours Worked means hours worked other than the hours of a regularly assigned shift.
Non - Worked Time means and includes all time and leaves not included as Time Worked.
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 Police Officer pursuant to this
Agreement during the Work Period but also all hours charged to the following leaves of absences during
the Work Period:
1. vacation leave,
2. holidays,
3. workers' compensation leave,
4. administrative absence with pay associated with workers' compensation, and
5. administrative absence with pay not associated with discipline.
Work Period shall be that period of time established by the City in compliance with the Fair
Labor Standards Act.
Section 2. FLSA Provisions.
The City will comply with 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.
Meet and Confer Agreement, Page 8 of 10
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 Police Chief. Overtime compensated
monetarily shall be calculated in compliance with 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 Police Chief or his designee.
Assistant Police Chiefs will not be exempt from payment of overtime in Year 1 and 2 of this
Agreement. Assistant Police Chiefs shall be exempt from payment of overtime beginning in Year 3 of
this Agreement. The status of Assistant Police Chiefs, beginning January 1, 2018, as exempt from
payment of overtime 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.
When leave classified as Non - Worked Time is taken or used by a Police Officer in the same
Work Period that the Police Officer 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 Police 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. Preemption
To the extent that any provision of this Article conflicts with or changes Chapters 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 142 of the Texas Local
Government Code.
ARTICLE 12
COMPLETE AGREEMENT CLAUSE
This Agreement constitutes the full and complete Agreement of the parties and there are no
others, oral or written, except as specified in this Agreement. It is understood and agreed that the
Agreement may be amended only by mutual consent of the Parties to this Agreement subject to the
provisions of Chapter 142 of the Texas Local Government Code.
ARTICLE 13
SAVINGS CLAUSE
Should any provision of this Agreement be found to be inoperative, void or invalid by a court of
competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement, it being the intention of the Parties that no portion of this Agreement or
provision herein shall become inoperative or fail by reason of the invalidity of any other portion or
provision.
Meet and Confer Agreement, Page 9 of 10
ARTICLE 14
DURATION OF AGREEMENT
This agreement shall become effective on January 1, 2016, after execution by the Mayor of the
City Council of the City after ratification by the affected employees pursuant to a vote conducted by the
Association and after approval by the City Council. It shall continue in effect until December 31, 2018,
unless terminated in accordance with Section 142.065 of the Texas Local Government Code.
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED TO HAVE THIS
AGREEMENT TO BE SIGNED BY THEIR DULY AUTHORIZED REPRESENTATIVES ON
THIS DAY OF .2015.
CITY OF BAYTOWN
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
R:\Deanie\PD Meet and Confer Jan. 2016 - Dec. 2018.docx
Meet and Confer Agreement, Page 10 of 10
BAYTOWN MUNICIPAL POLICE
ASSOCIATION, INC.
AARON CROWELL, President
ATTEST:
(Signature)
(Printed Name)
(Title)
APPENDIX A
Police Officer
Years in rank
2016 Annual Salary
Probationary
$ 55,120
1
$ 56,774
2
$ 58,477
3
$ 60,232
4
$ 62,340
5
$ 64,521
6
$ 66,779
7
$ 69,450
8
$ 72,228
9
$ 75,118
Seraeant
Years in rank
2016 Annual Salary
0 -2
$ 78,725
3 -4
$ 81,480
5+
$ 84,332
Lieutenant
Years in rank
2016 Annual Salary
0 -2
$ 87,443
3 -4
$ 91,083
5+
$ 94,723
Assistant Chief
Years in rank
2016 Annual Salary
0 -2
$ 99,459
3 -4
$ 100,816
5+
$ 110,257
Appendix A, Page Solo