Ordinance No. 11,723ORDINANCE NO. 11,723
AN ORDINANCI:,()[' I'l-II ",'C['I'Y COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTI-10RIZINGTI-If. FIRST AM f.'.N D Nill-" NT TO THE N,117--ET AND
CONFER AGREEMENT WITH THE BAY`I'O%VN MUNICIPAL POLICE
ASSOCIATION, INC.; AND PROVIDING I"OR THE EFFFICTIVE DATE
Tllll-REOF,
BE" IT ORDAINED BY THE CITY COUNCIL Ol" THE CITY OF BAYTOWN.
TEXAS:
Section 1: That tile City COLHICH of the City of Raytown hereby authorizes the First
Amendment to the Meet and Confer Agreement with the Baytown Municipal Police Association,
Inc. A copy of said amendment is attached hereto as [Ixhibit "A" and incorporated herein ft)r all
intents and put-poses.
Section 2: This ordinance shall take effect inullcdiately from and after its passage by
the City Courted of the City of' Baytown.
INTRODUCED, READ and PASSED by the affirmati% te of tile City Council of the
City of Baytown this tile 8"' day of September, 2011. 1 .10
1 DONCARLOS, Mayor
ATTE
"A
leak
APPROV1`.-'D AS TOl"ORM:
�NAE06 RAMIREZ, SR- 9, y Attorney
I'Splembei I 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 ( "Amendment ") to that certain Agreement between the City of
Baytown, Texas, and Baytown Municipal Police Association, Inc., approved by the City Council
on September 22, 2008, via Ordinance No. 10,966, is made by and between the same parties on
the date hereinafter last specified.
W ITNESSETH:
WHEREAS, on September 22, 2008, via Ordinance No. 10,966, the City Council of the
City of Baytown (the "City ") authorized an Agreement with the Municipal Police Association,
Inc. (the "Association ") did enter into a Meet and Confer Agreement ( "Agreement ") to achieve
and maintain harmonious relations between the City and the Association (collectively 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 to deny local control of the
City; and
WHEREAS, the Agreement was reached by the Parties through the process of meet and
confer with the objective of fostering effective cooperation between the City and its Police
Officers; and
WHEREAS, due to constraints in the 2011 -12 municipal budget, the City is unable to
provide across - the -board pay raises, for the same would be a recurring expenditure and could
exceed recurring revenues; and
WHEREAS, the City has determined that it may be feasible to include in the Fiscal Year
2011 -12 municipal budget, as a one -time expenditure, a bonus payment(s), which may be
implemented for one or more quarters throughout the year; and
WHEREAS, the Association, as the sole and exclusive bargaining agent for covered
officers, desires to amend the Agreement in order for the Police Officers to be eligible for the
bonus payment contemplated herein and to preempt any and all provisions of Chapter 143 or any
other applicable statute, executive order, local ordinance or rule which would preclude the Police
Officers from receiving the same;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the Parties hereto do hereby mutually agree as follows:
I.
Definitions
Unless a different meaning clearly appears from the context, words and phrases as used
in this Amendment shall have the same meanings as in the Agreement.
II.
Amendments
A. The Agreement is hereby amended to add a new article to be numbered and entitled
Article 7.5 "Bonus Pay," which article shall read as follows:
ARTICLE 7.5
BONUS PAY
The City may establish an across -the -board quarterly bonus pay for certain non -
civil service employees effective October 1, 2011, for one or more quarters during the
City's 2011 -12 fiscal year ( "FY 2011 -12 "). Such bonus pay plan, if adopted, may be
terminated at any time in the sole discretion of the City through its City Council.
Accordingly, the bonus payments contemplated herein are not guaranteed; however,
should the City pay a quarterly bonus to its non -civil service employees, the City
likewise shall pay a quarterly bonus to the Police Officers according to the following:
a. Any bonus payment will be paid after the end of the applicable calendar
quarter on or before the date specified hereinbelow for each quarter:
Quarter
Payment Date
Q1
January 31, 2012
Q2
April 30, 2012
Q3
July 31, 2012
Q4
October 31, 2012
b. Bonus amounts will be based upon each Police Officer's gross pay for the
preceding quarter as identified in subsection c hereinbelow. The term
"gross pay" as used herein shall mean that compensation actually paid by
the City to the Police Officer for services as a peace officer, including any
base salary, seniority pay, educational incentive pay, assignment pay,
certification pay, differential pay, and overtime. Any accrual payments
(vacation, sick, ICMA catch up, holiday, or compensatory time) for
termination or retirement are not considered in the definition of "gross
pay ,$
C. Police Officers who are eligible for the bonus must be employed on the
last day of the last pay cycle ending in the quarter. Such quarters shall be
as follows:
e.
Q 1. September 26, 2011 through December 18, 2011
Q2. December 19, 2011 through March 25, 2012
Q3. March 26, 2012 through June 17, 2012
Q4. June 18, 2012 through September 23, 2012
( "Quarter ")
d. Except as otherwise provided herein, a Police Officer's bonus payment
shall be calculated using the same percentage as authorized by the City
Council for non -civil service employees, if any, based upon the following
formula, as applicable:
1. If the Police Officer receives no step increase during the City's
Fiscal Year 2011 -12, then the bonus payment shall be calculated as
follows:
Bonus
Gross Pay for Percentage
the Preceding X Given to Non -
Quarter Civil Service
Employees
2. If the Police Officer receives a step increase during the City's
Fiscal Year 2011 -12, then the bonus payment commencing in the
quarter in which the step increase is received shall be calculated as
follows for the duration of the fiscal year:
Gross Pay for Bonus Percentage Step Increase
the Preceding X Given to Non- - Percentage given
Quarter Civil Service to the Police
Employees Officer
If the above - referenced formula yields a negative number, the Police
Officer will not be entitled to receive any bonus payment.
All bonus payments will be subject to FICA, TMRS and other withholding taxes
as a regular check.
f. Police Officers and the Association understand and agree that any bonus
payments provided for in this Agreement are only for FY2011 -12 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.
g. 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
i
provisions, as authorized by Chapter 142, Subchapter B of the Texas Local
Government Code.
Article 11 of the Agreement is hereby amended to read as follows:
ARTICLE 11
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 October 31, 2012, unless terminated in accordance with Section 142.065 of
the Texas Local Government Code.
III.
Construction of Amendment
The provisions of this Amendment and the provisions of 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 Amendment and the provisions of the Agreement,
the provisions of this Amendment shall control. Nothing contained in this Amendment or in the
Agreement shall be construed in any way to limit or to waive the City's sovereign immunity.
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED TO HAVE THIS AGREEMENT
TO BE SIGNED BY THEIR DULY AUTHORIZED REPRESENTATIVES ON THIS
DAY OF , 2011.
CITY OF BAYTOWN
STEPHEN H. DONCARLOS, Mayor
ATTEST:
BAYTOWN MUNICIPAL POLICE
ASSOCIATION, INC.
AARON CROWELL, President
LETICIA BRYSCH, City Clerk
RAkarenWileAContractsNect and Confer\201 I Meet & Confer Amendment.doc