Ordinance No. 12,061ORDINANCE NO. 12,061
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 vote the City Council of the City
of Baytown this the 27`" day of September, 2012.
APPROVED AS TO FORM:
4VNACIO Sr., City 19omey
R:VCeren\iiles \City Council \Ordinances\2o12\Sepmmber 2TMC ,..WonkrAgeemamd.
H. DONCARLOS, Mayor
Exhibit "A" Ty Iq
AGREEMENT
between
THE CITY OF BAYTOWN, TEXAS
.lq
BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.
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TABLE OF CONTENTS
INTENTAND PURPOSE ................................................................................. ..............................3
ARTICLE I - AUTHORITY AND RECOGNITION ...................................... ..............................3
ARTICLE 2 — PREEMPTION PROVISION .................................................... ..............................3
ARTICLE 3 — REIMBURSEMENT OF ACADEMY TRAINING 'COITION ..............................3
ARTICLE 4 — SIGNING INCENTIVE ............................................................. ..............................4
ARTICLE 5 — ALTERNATIVE HIRING ......................................................... ..............................4
ARTICLE 6 — RELOCATION EXPENSES FOR ALTERNATIVE HI RES ... ..............................5
ARTICLE 7— RELOCATION EXPENSES FOR EXISTING POLICE OFFICERS .....................5
ARTICLE8 — COMPENSATION ................................................................... ............................... 5
ARTICLE 9 — COMPLETE AGREEMENT CLAUSE .................................... ..............................5
ARTICLE10 — SAVINGS CLAUSE ............................................................... ..............................6
ARTICLE 11— DURATION OF AGREEMENT ............................................. ..............................6
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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 (lie "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 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
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.
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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, 2013, 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
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.
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 affect the employment
of such cadet or officer, irrespective of the fact that the cadet or officer may not have finished the
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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
RELOCATION EXPENSES FOR ALTERNATIVE AIRES
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
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. A Police Officer, whose home is annexed into the
City after the effective date of this Agreement will not be eligible for this benefit.
ARTICLE
Base Compensation. Effective January I, 2013, Police Officers covered by this Agreement shall be paid
base compensation in accordance with the amounts specified in Exhibit "A," which is attached hereto and
incorporated herein for all intents and purposes.
Certificate Pay. Effective January I, 2013, Police Officers, who have completed the FTO program and
have the following certifications, shall be paid the following monthly certificate pay:
Intermeiate
d $80.00
Advanced $145.00
Master $200.00
ARTICLE 9
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. This Agreement, however, does not supersede Article 7.5
"Bonus Pay" contained in the First Amendment to the Agreement approved by City Council on
September 22, 2008 via Ordinance No. 10,996, which amendment shall continue in force and effect until
October 31, 2012, or until the fourth quarter FY2011 -12 bonus payment is made, whichever occurs first.
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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 10
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 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 December 31, 2013, 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
, 2012.
CITY OF BAYTOWN BAYTOWN MUNICIPAL POLICE
ASSOCIATION, INC.
STEPHEN H. DONCARLOS, Mayor AARON CROWELL, President
ATTEST:
ATTEST
LETICIA BRYSCH, City Clerk (Signature)
(Printed Name)
('title)
6
Police Officer
Sergeant
Lieutenant
Assistant Chief
Exhibit "A"
FY2013 Police Salary
Effective January 2013
Years in
rank
2013Annual
Salary
Probationary
1
$44,400
1
$
46,250
2
$
47,869
3
$
49,544
4
$
51,278
5
$
53,073
6
$
54,930
7
$
56,853
8
$
58,843
9
$
60,902
10+
1 $
63,579
Tier
Years in
rank
2013 Annual
Salary
1
0 -2
$ 66,122
2
3-4
$ 68,436
3
5+
$ 70,832
Tier
Years in
rank
2013 Annual
Salar
1
0 -2
$ 73,445
2
3-4
$ 76,502
3
5+
$ 79,560
Tier
Years in
rank
2013 Annual
Salary
1
0 -2
$ 83,538
2
3-4
$ 84,677
3
5+
$ 92,607
AGREEMENT
between
THE CITY OF BAYTOWN,TEXAS
and
BAYTOWN MUNICIPAL POLICE ASSOCIATION,INC.
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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-COMPENSATION 5
ARTICLE 9-COMPLETE AGREEMENT CLAUSE 5
ARTICLE 10 -SAVINGS CLAUSE 6
ARTICLE 11 -DURATION OF AGREEMENT 6
INTENT AND PURPOSE
It istheintentandpurpose of thisAgreement,enteredintobytheCity of Baytown,Texas,ahomerule
municipalityhereinafterreferredtoasthe"City"andtheBaytownMunicipalPoliceAssociation,Inc.,
hereinafter referred toasthe "Association,"to achieve and maintain harmonious relations between the
PartiesrelatedtoworkingconditionsandotherconditionsofemploymentinaccordancewithSubchapter
BofChapter142TexasLocalGovernmentCodeandnotdenylocalcontrolbytheCity.TheAgreement
hasbeenreachedbytheCityandtheAssociation,collectively hereinafter referredtoasthe "Parties,"
throughtheprocess of MeetandConferwiththeobjective of fosteringeffectivecooperationbetweenthe
CityanditsPoliceOfficers.
ARTICLE 1
AUTHORITY AND RECOGNITION
TheCity recognizes the Association asthesoleandexclusive bargaining agentforallcoveredpolice
officersasdefinedinTexasLocalGovernmentCodeSection143.003,excluding the employees exempt
underSection142.058(b)of thePoliceDepartment,hereinafterreferredtoas "Police Officers,"pursuant
to Texas Local Government Code,Section 142.051,etseq.
ARTICLE 2
PREEMPTION PROVISION
Duringtheterm of thisAgreementandtotheextent of anyconflict,theprovisions of thisAgreement
shallsupersedetheprovisions of allcontrarystatutes,ExecutiveOrders,localordinances,andrules,
includingforexampleandnotbyway of limitation,thecontraryprovisions of TexasLocalGovernment
CodeChapters 141,142 and143,OrdinancesoftheCity of Baytown,Texas,andtheRulesand
Regulations ofthePoliceandFirefighter'sCivil Service Commission fortheCityof Baytown,Texas.
ThispreemptionprovisionisauthorizedbySection 142.067 oftheTexasLocalGovernmentCode,and
thePartieshaveexpresslyagreedthateachandevery provision involvingorcreatingsuchaconflictshall
havetheeffect of supersedingthestatutorystandardorresult,whichwouldotherwisebeobtainedinthe
absence of this Agreement.
ARTICLE 3
REIMBURSEMENT OF ACADEMY TRAINING TUITION
Subjecttotheprovisionsofthisarticle,aPoliceOfficerwhohas completed acourseof instruction atan
accreditedpeaceofficeracademywithinone(1)year of his/herhiredate,shallbereimbursedthecost of
theacademytuitioninanamountnottoexceed$2000inaccordancewiththisarticle.This
reimbursementshallbepaidas follows:$500within30daysaftersuccessfulcompletion of theFTO
program andthe balance inequal monthly installments until theendofhis/her probationary period;
provided,however,shouldthePoliceOfficerfailtocompletehis/herprobationperiodforany reason,
suchPolice Officer shall reimburse theCityallmoniespaidto him/her pursuant tothisarticle.
Reimbursement shallbemadeonlyifthePoliceOfficerhasexpendedhis/herpersonalfundsforsuch
instruction,hasnotbeenreimbursedforthesamebyanygovernmentalentity,andprovidesnecessary
documentation,as determined bytheCity,for reimbursement.
ARTICLE 4
SIGNING INCENTIVE
Subjecttothe conditions listedbelow,anypersoninitially appointed toanypositionintheclass of Police
Cadetonorafterthe effective date of this agreement,butnolaterthanMarch 31,2013,shallreceive
SI,500 asfollows:$500upon successful completion of the FTO programandthebalanceinequal
monthlyinstallmentsuntiltheend of theprobationaryperiodforatotalpaymentof SI,500;provided,
however,shouldthePolice Officer failto complete his/herprobationperiodforanyreason,suchPolice
Officer shall reimburse theCityallmoniespaidtohim/herpursuanttothisarticle.
ARTICLE 5
ALTERNATIVE HIRING
Notwithstanding any provisions inTexasLocal Government Code Chapter 143,thePartieshaveagreed
thattheneeds of thePolice Department forqualifiedand capable personnelrequirethe adoption and
implementation of theseprovisionstomodifythehiringprovisionsinTexasLocalGovernmentCode
Chapter 143:
a.TheCityshallbeauthorizedandentitledtohirepeaceofficersfromotherTexaslaw
enforcementagencies,orwhohavebeenemployedbysuch agencies withinthelastsix
(6)monthsandhaveleftsuchemploymentingoodstanding,inaccordancewiththe
provisionsandlimitations contained inthisarticle.
b.For purposesofthepay scale.Police Officers,who(i)haveexperienceinanotherTexas
lawenforcementagencyasapeaceofficer,(ii)otherwisemeetthequalificationsfora
PoliceOfficerintheBaytownPoliceDepartment,and(iii)archiredbytheCity,shallbe
credited withuptofive(5)years of serviceasfollows:
c.
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
ThisservicecreditappliesonlytothepayscaleanddoesnotapplytoCitylongevity,
seniority,or department seniority forthe purposes ofshift picks,vacation picksor
promotionalopportunities.
Thetrainingprogramforofficershiredunderthisarticleshallbedeterminedby Chief of
thePolice Department.
The expiration ofthis Agreement afterthe hiring of any cadet or officer shall not affect the employment
ofsuchcadetor officer,irrespective ofthe fact thatthecadetorofficermaynothave finished the
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academy orothertraining programs or requirements.This Article shall supersede all contrary provisions
inTexasLocalGovernmentCodeChapters141,142and143,includingSections 143.021 -143.025.
ARTICLE 6
RELOCATION EXPENSES FOR ALTERNATIVE HIRES
TheCityshallreimbursethecost of movinghouseholdgoodsandeffectstotheCity of Baytownfor
officershiredunderArticle5uptoamaximum of $2,000.Theofficerwillobtainthree(3)bidsfrom
reputablemovingfirmsandtheCityManagermayelectthemovingfirm of choice,reservingtheoption
toselectthelowestresponsiblebidder.Movingreimbursementisavailableonlyformovesfromoutside
thecitylimitstoinsidethecitylimits of Baytown.
ARTICLE 7
RELOCATION EXPENSES FOR EXISTING POLICE OFFICERS
ExistingCity of BaytownpoliceofficersresidingoutsidetheCitylimitswishingtomoveintotheCity
limitswillbeeligibleforclosingcostassistance of $2,000topurchaseaconventionalhomewithinthe
Citylimits.This assistance willbeprovidedonlyoncetoanofficerandonlywhentheofficermovesfrom
outsidetheCitylimitsandpurchasesaconventionalhomewithintheCitylimitsandestablishesthat
homeashis/herprimaryresidence.Mobilehomes,manufacturedhomes,andhomespurchasedundera
contractfordeedwillnotbeeligibleforthisbenefit.APoliceOfficer,whosehomeisannexedintothe
Cityaftertheeffectivedate of thisAgreementwillnotbeeligibleforthisbenefit.
ARTICLE 8
COMPENSATION
Base Compensation.EffectiveJanuary I,2013,PoliceOfficerscoveredbythisAgreementshallbepaid
base compensation in accordance withthe amounts specified in Exhibit "A,"which is attached hereto and
incorporatedhereinforallintentsandpurposes.
Certificate Pay.EffectiveJanuary 1,2013,PoliceOfficers,whohavecompletedtheFTOprogramand
havethefollowingcertifications,shallbepaidthe following monthlycertificatepay:
Certification Monthly Certificate Pay
Intermediate $80.00
Advanced $145.00
Master $200.00
ARTICLE 9
COMPLETE AGREEMENT CLAUSE
This Agreement constitutesthefullandcomplete Agreement ofthepartiesandtherearenoothers,oralor
written,exceptas specified inthis Agreement.This Agreement,however,doesnot supersede Article 7.5
"BonusPay"contained intheFirst Amendment tothe Agreement approved byCity Council on
September 22,2008via Ordinance No.10,996,which amendment shall continue in force andeffect until
October31,2012,oruntilthefourthquarter FY2011-12 bonuspaymentismade,whicheveroccursfirst.
T//I ^C 9.17-tz
It is understood andagreedthatthe contract maybeamendedbyonlymutual consent of thePartiestothis
AgreementsubjecttotheprovisionsofChapter142oftheTexasLocalGovernmentCode.
ARTICLE 10
SAVINGS CLAUSE
ShouldanyprovisionofthisAgreementbefoundtobeinoperative,voidorinvalidbyacourt of
competent jurisdiction,allother provisions ofthis Agreement shall remain in full force andeffectforthe
duration ofthis Agreement,itbeingthe intention ofthe Parties thatnoportionofthis Agreement or
provisionhereinshallbecomeinoperativeorfailbyreasonoftheinvalidity of anyotherportionor
provision.
ARTICLE 11
DURATION OF AGREEMENT
This agreement shall become effective upon the signature bythe Mayor of the City Council ofthe City
after ratification bytheaffected employees pursuant toavote conducted bythe Association andafter
approval by the City Council.It shall continue in effect until December 31,2013,unless terminated in
accordance with Section 142.065 of the Texas Local Government Code.
IN WITNESS WHEREOF,THEPARTIESHAVE CAUSED TOHAVETHISAGREE§eENT TO BE
DAY OF>Y rill-.ll<DULY AUTHORIZED REPRESENTATIVES ON
j_.2012.
THIS
BAYTOWN MUNICIPAL POLICE
ASSOCIATION,INC.
RON CROWEI.L.President
ATTEST
(Signature)
(Printed Name)
CMkk
(jmZT
Police Officer
Sergeant
Lieutenant
Exhibit "A"
FY2013 Police Salary
Effective January 2013
Years in
rank
2013Annual
Salary
Probationary $44,400
1 $46.250
2 $47.869
3 $49.544
4 $51.278
5 $53.073
6 $54.930
7 $56.853
8 $58.843
9 $60.902
10+$63.579
Tier
Years in
rank
2013 Annual
Salary
1 0-2 $66.122
2 3-4 $68,436
3 5+$70.832
Tier
Years in
rank
2013 Annual
Salary
1 0-2 $73.445
2 3-4 $76.502
3 5+$79.560
Assistant Chief
Tier
Years in
rank
2013 Annual
Salary
1 0-2 $83.538
2 3-4 $84.677
3 5+$92,607
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