Ordinance No. 13,349ORDINANCE NO. 13,349
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE MEET AND
CONFER AGREEMENT WITH THE BAYTOWN MUNICIPAL POLICE
ASSOCIATION, INC.; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
Mayor to execute and the City Clerk to attest to the First Amendment to the Meet and Confer
Agreement with the Baytown Municipal Police Association, Inc. A copy of said 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 PAS SED by the affirmative vQ(g' /of the City Council of the City
of Baytown this the I O'h day of November, 2016. V
A iEST:
k�
LETICIA BRYS -H, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, Sr., (Ay Attorney
H. DONCARLOS,
kffo
OF
1' cobfs0lUegal\Karen\Files,City Council,Ordinances\2016` +November 10' 1stAmendment2MeetandConferAgreement .doc
Exhibit "A"
FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BAYTOWN,
TEXAS, AND BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment (the "First Amendment ") to that certain Agreement between the
City of Baytown, Texas, and Baytown Municipal Police Association (collectively the "Parties ")
dated October 27, 2015, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the City of Baytown ( "City ") and Baytown Municipal Police Association,
(the "Association ") did enter into an Agreement on October 27, 2015, 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 "); and
WHEREAS, the Parties desire to amend the Agreement to extend the Agreement until
September 30, 2019, to clarify the responsibilities of the joint committee, to outline the adjusted
base compensation for Year 2, and to extend the non - exempt status of the Assistant Chiefs until
September 30, 2018; and
WHEREAS, this First Amendment been reached by the City and the Association through
the process of Meet and Confer with the objective of fostering effective cooperation between the
City and its Police Officers; and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this First Amendment shall have the same meanings as in the
Agreement.
2. Amendments.
2.01 Article 10 "Compensation" of the Agreement is hereby amended to read as
follows:
First Amendment, Page 1
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 beginning of Year 2). Such compensation represents a three
percent (3 %) increase with an additional one percent (1 %) market adjustment.
B. Year 2 (First Full pay period following 30 days after the Effective Date
through September 30, 2017).
Base Compensation. Beginning with the first Full pay period following thirty
(30) days after the Effective Date, Police Officers covered by this Agreement
shall be paid base compensation based upon the hourly rate reflected in the
chart in Appendix B, which is attached hereto and incorporated herein for all
intents and purposes, for Year 2.
One -Time Payment. For Agreement Year 2 of this Agreement, Sergeants,
Lieutenants and Assistant Chiefs shall receive, in addition to the base
compensation specified in the above - referenced chart, a one -time payment on
or before January 31S`, 2017, equal to two percent (2 %) of the base
compensation for Year 2 as shown in Appendix C, which is attached hereto
and incorporated herein for all intents and purposes. All such payments will
be subject to FICA, TMRS and other withholding taxes as a regular check.
Employees and the Association understand and agree that any payments
provided for in this paragraph are only for Year 2 of this Agreement and 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. In the event that an employee receives
the one -time payment but separates from employment covered by this
Agreement prior to September 30, 2017, such officer shall be required to
reimburse the City a prorated amount based upon the date of separation until
September 30, 2017, and the City may withhold such amount from the
employee's final paycheck.
C. Year 3 and 4. Effective October 1, 2017 through September 30, 2019, 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:
First Amendment, Page 2
If each of the thresholds is not satisfied in Year 3 or Year 4, the Agreement
shall be reopened automatically for the applicable year solely for the
purposes of determining base compensation for that year unless otherwise
agreed to by the Parties. It is understood and agreed that 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 October 1, 2017, until the average market
is reached for such officer's classification.
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:
Automatic Adjustment means the average percent increase to 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 %), up to a total of 5% per
year, until the average market level is reached per officer classification. The
average percent increase in base compensation shall be based upon the fiscal year
of each city.
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
First Amendment, Page 3
5) Ellis County, Texas,
6) Hunt County, Texas,
7) Kaufman County, Texas,
8) Rockwall County, Texas,
9) Johnson County, Texas,
10) Parker County, Texas,
11) Tarrant County, Texas, and
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.
E. Joint Committee. In May of 2017 and 2018,
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 October 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
increase 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 two
(2) thresholds specified hereinabove are met, the data gathered along with
the joint committee's findings of the average percent increase 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
First Amendment, Page 4
adjustment in base compensation paid to Police Officers covered by this
Agreement.
6. The parties agree that the total dollar amount of the automatic adjustment
may be applied unequally ( "targeted adjustments ") to the classifications in
Years 3 and 4 in an effort to address the classifications which are furthest
behind the market. The full amount of the automatic adjustment will be
applied.
7. The recommended allocation of the targeted adjustments will be
determined by the joint committee and forwarded to the City Manager. If
the joint committee cannot agree on a "targeted adjustment," the proposals
of both the City and the Association will be forwarded to the City
Manager for consideration and final decision.
8. The City Manager will consider the recommendation(s) of the joint
committee in budgetary decision.
9. In a year where each of the two (2) 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 Agreement 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.
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 N1011thly certificate
Pay
Intermediate $ 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.
2.02 Article 11 "Overtime," Section 2 "FSLA Provisions" of the Agreement is hereby
amended to read as follows:
First Amendment, Page 5
ARTICLE 11
OVERTIME
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.
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, 2 and 3 of this Agreement. Assistant Police Chiefs shall be exempt from
payment of overtime beginning in Year 4 of this Agreement. The status of
Assistant Police Chiefs, beginning October 1, 2018, as exempt from payment of
overtime shall continue unless a change is required by law.
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.
2.03 Article 14 "Duration of Agreement" of the Agreement is hereby amended to read
as follows:
ARTICLE 14
DURATION OF AGREEMENT
This Agreement was shall become effective on January 1, 2016, and after
execution by the Mayor of the City Council of the City after ratification by the
affected employees pursuant to a vote conducted by the Association and after
approval by the City Council. It shall continue in effect until September 30, 2019,
First Amendment, Page 6
unless terminated in accordance with Section 142.065 of the Texas Local
Government Code.
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 First
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 First
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 First 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 First 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 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 First Amendment and the
provisions of the Agreement, the provisions of this First Amendment shall control.
8. Amendments. No amendment, modification, or alteration of the terms of this First
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. Authorily. Each party has the full power and authority to enter into and perform this
First Amendment and the person signing this First Amendment on behalf of each party
has been properly authorized and empowered to enter into this First Amendment.
11. Preemption. To the extent that any provision of this First 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 First Amendment shall supersede such provisions, as authorized by
Chapter 174 of the Local Government Code.
First Amendment, Page 7
12. Binding Effect. The parties acknowledge they have read, understand, and intend to
be bound by the terms and conditions of this First Amendment.
13. Multiple Execution. It is understood and agreed this First Amendment may be executed
in a number of identical counterparts, each of which shall be deemed an original for all
purposes.
IN WITNESS WHEREOF, the undersigned City and the Association hereto execute this
First Amendment on this the day of October, 2016, the date on which this amendment is
signed by the City Manager (the "Effective Date ").
CITY OF BAYTOWN
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
BAYTOWN MUNICIPAL POLICE
ASSOCIATION, INC.
AARON CROWELL, President
ATTEST:
(Signature)
(Printed Name)
(Title)
R:1KareniFiles\Contracts\Meet and Confer12016.PD Meet and Confer First Amendment Jan 2016-Sept 2019 Final.docx
First Amendment, Page 8
APPENDIX A
Patrol Officer
Years in rank
Year 1 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
Sergeant
Years in rank
Year 1 Annual Salary
0 -2
$ 78,725
3 -4
$ 81,480
5+
$ 84,332
Lieutenant
Years in rank
Year 1 Annual Salary
0 -2
$ 87,443
3 -4
$ 91,083
5+
$ 94,723
Assistant Chief
Years in rank
Year 1 Annual Salary
0 -2
$ 99,459
3 -4
$ 100,816
5+
$ 110,257
Appendix A, Page Solo
APPENDIX B
Patrol Officer
Years in rank
Year 2 Hourly Salary
0 -2
$39.63
Probationary
$27.56
1
$28.39
2
$29.24
3
$30.12
4
$31.17
5
$32.26
6
$33.39
7
$34.73
8
$36.11
9
$37.56
Sergeant
Years in rank
Year 2 Hourly Salary
0 -2
$39.63
3 -4
$41.01
5+
$42.45
Lieutenant
Years in rank
Year 2 Hourly Salary
0 -2
$44.36
3 -4
$46.35
5+
$48.44
Assistant Chief
Years in rank
Year 2 Hourly Salary
0 -2
$50.86
3 -4
$54.17
5+
$57.69
Appendix B. Page Solo
APPENDIX C
Sergeant
Years in rank
2% One -Time
Payment
0 -2
$1,648.40
3 -4
$1,706.12
5+
$1,765.90
Lieutenant
Years in rank
2% One -Time
Payment
0 -2
$1,845.30
3 -4
$1,928.34
5+
$2,015.11
Assistant Chief
Years in rank
2% One -Time
Payment
0 -2
$2,115.87
3 -4
$2,253.40
5+
$2399.87
Appendix C, Page Solo