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Ordinance No. 10,966ORDINANCE NO. 10,966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A MEET AND CONFER AGREEMENT WITH THE BAYTOWN MUNICIPAL POLICE ASSOCIATION; 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. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 22nd day of September, 2008. ONCARLOS, Mayor ICAYTHIE DARNELL, City Clerk ATTEST: APPROVED AS TO FORM: ACIO RAMIREZ, Sr., pi) Attorney R:\Karen\Files\City CoundI\Ordinancea\2O08\September22\Me«andConferAgreement.doc Exhibit "A" AGREEMENT between THE CITY OF BAYTOWN, TEXAS and BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC. TABLE OF CONTENTS INTENT AND PURPOSE 3 ARTICLE 1-AUTHORITY AND RECOGNITION 3 ARTICLE 2-PREEMPTION PROVISION 3 ARTICLE 3 -REIMBURSEMENT OF ACADEMY TRAINING TUITION 3 ARTICLE 4 -SIGNING INCENTIVE 4 ARTICLE 5 -ALTERNATIVE HIRING 4 ARTICLE 6 -RELOCATION EXPENSES FOR ALTERNATIVE HIRES 5 ARTICLE 7-RELOCATION EXPENSES FOR EXISTING POLICE OFFICERS 5 ARTICLE 8 -COMPLETE AGREEMENT CLAUSE 5 ARTICLE 9 -SAVINGS CLAUSE 5 ARTICLE 10-DURATION OF AGREEMENT 6 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 "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 1 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, etseq. ARTICLE 2 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. ARTICLE 3 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 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 4 SIGNING INCENTIVE Subject to the conditions listed below, any person initially appointed to any position in the class of Police Cadet on or after the effective date of this agreement, but no later than March 31, 2011, 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 5 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 Texas 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 Texas 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 as follows: c. 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. 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 cadet or officer shall not effect the employment of such cadet or officer, irrespective of the fact that the cadet or 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 6 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 5 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 7 RELOCATION EXPENSES FOR EXISTING POLICE OFFICERS Existing City of Baytown police officers residing outside the City limits wishing to move into the City limits will be eligible for closing cost assistance 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. Police Officers, whose home is annexed into the City after the effective date of this Agreement will not be eligible for this benefit. ARTICLE 8 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 contract may be amended by only mutual consent of the Parties to this Agreement subject to the provisions of Chapter 142 of the Texas Local Government Code. ARTICLE 9 SAVINGS CLAUSE Should any provision of this Agreement be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, it being the intention of the Parties that no portion of this Agreement or provision herein shall become inoperative or fail by reason of the invalidity of any other portion or provision. ARTICLE 10 DURATION OF AGREEMENT This agreement shall become effective upon the signature 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, 2011, 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 , 2008. CITY OF BAYTOWN BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC. STEPHEN H. DONCARLOS, Mayor LON CRAFT, President ATTEST: ATTEST KAYTHIE DARNELL, City Clerk (Signature) (Printed Name) (Title) \\cobsrvl\Legal\Karen\Fi!es\Contracts\Meet and Confer\Draft Baytown Police Meet and Confer 8202008.doc AGREEMENT between THE CITY OF BAYTOWN, TEXAS and BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC. TABLE OF CONTENTS INTENT AND PURPOSE 3 ARTICLE 1 -AUTHORITY AND RECOGNITION 3 ARTICLE 2-PREEMPTION PROVISION 3 ARTICLE 3 -REIMBURSEMENT OF ACADEMY TRAINING TUITION 3 ARTICLE 4 - SIGNING INCENTIVE 4 ARTICLE 5-ALTERNATIVE HIRING 4 ARTICLE 6-RELOCATION EXPENSES FOR ALTERNATIVE HIRES 5 ARTICLE 7-RELOCATION EXPENSES FOR EXISTING POLICE OFFICERS 5 ARTICLE 8-COMPLETE AGREEMENT CLAUSE 5 ARTICLE 9-SAVINGS CLAUSE 5 ARTICLE 10-DURATION OF AGREEMENT 6 2 . � 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"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 1 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 2 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. ARTICLE 3 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 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. 3 ARTICLE 4 SIGNING INCENTIVE Subject to the conditions listed below, any person initially appointed to any position in the class of Police Cadet on or after the effective date of this agreement, but no later than March 31, 2011, 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 5 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 Texas 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 Texas 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 as follows: Number of Completed Years of Service as a Peace Officer in the Credited Years of Service in the immediately preceding Law Baytown Police Department Enforcement Agency 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 cadet or officer shall not effect the employment of such cadet or officer, irrespective of the fact that the cadet or officer may not have finished the 4 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 6 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 5 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 7 RELOCATION EXPENSES FOR EXISTING POLICE OFFICERS Existing City of Baytown police officers residing outside the City limits wishing to move into the City limits will be eligible for closing cost assistance 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. Police Officers, whose home is annexed into the City after the effective date of this Agreement will not be eligible for this benefit. ARTICLE 8 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 contract may be amended by only mutual consent of the Parties to this Agreement subject to the provisions of Chapter 142 of the Texas Local Government Code. ARTICLE 9 SAVINGS CLAUSE Should any provision of this Agreement be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, it being the intention of the Parties that no portion of this Agreement or provision herein shall become inoperative or fail by reason of the invalidity of any other portion or provision. ARTICLE 10 DURATION OF AGREEMENT This agreement shall become effective upon the signature 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 5 v. i approval by the City Council. It shall continue in effect until September 30, 2011, unless terminated in accordance with Section 142.065 of the Texas Local Government Code . IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED TO HAVE THIS AG EMENT TO BE SIG D BY THEIR DULY AUTHORIZED REPRESENTATIVES ON THIS / 4,- DAY OF • 40' 2008. CITY OF B:- TOWN BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC. 4 - L�>� : EPHEN H. DONCARLOS,Mayor L F ',Pr-: dent ATT ST: ST r KAY DARNELL,City Clerk I atur ) ��' ��"�; ,, (4,Pb d Name) J ' & LkZkUJdt (Title) - $ � r \\cobsrvl\Legal\Karen\Files\Contracts\Meet and Confer\Draft Baytown Police Meet and Confer 8202008.doc 6