Ordinance No. 12,130ORDINANCE NO. 12,130
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE MERGER OF THE EMERGENCY MEDICAL
SERVICES DIVISION OF THE HEALTH DEPARTMENT INTO THE FIRE
DEPARTMENT; AUTHORIZING THE THIRD AMENDMENT TO THE FIRE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes the
merger of the Emergency Medical Services Division of the Health Department into the Fire
Department.
Section 2: That the City Council of the City of Baytown hereby authorizes the Third
Amendment to the Fire Collective Bargaining Agreement between the City of Baytown, Texas,
and the International Association of Firefighters Local 1173. A copy of said amendment is
attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 3: 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 ote of the City Council of the
City of Baytown this the 13`h day of December, 2012. `t
APPROVED AS TO FORM:
.� I P
RAKarenTiles \City CoundhOrdinances120 120ecember 13l CollcctiveBargainingThirdAmendmenQ012 .doc
Mayor
THIRD AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT
OCTOBER 1, 2010 —SEPTEMBER 30, 2014
This Third Amendment to the Collective Bargaining Agreement for October 1, 2010 - September
30, 2014 ( "Third Amendment ") is signed and agreed upon this the 1 V\ day of
(L(\%Jd,r , 2012; by and between the City of Baytown, Texas, a municipal
corporation locatkd in Harris and Chambers Counties, Texas (the "City ") and the International
Association of Firefighters Local 1173 (the "Union ").
WITNESSETH
WHEREAS, the Union and the City have mutually agreed to amend the Collective Bargaining
Agreement, October 1, 2010 — September 30, 2014 (the "Agreement ") in order to make amendments
necessary to merge the Baytown Emergency Medical Services Division of the Baytown Health
Department into the Baytown Fire Department and to extend the agreement for one additional year; and
WHEREAS, in order to effect such a merger, the parties understand and agree that certain
provisions of the civil service law must be pre - empted in perpetuity; and
WHEREAS, the provisions of this Third Amendment shall pre -empt all provisions of Chapter
143 of the Texas Local Government Code as necessary in order to effectuate the merger Baytown
Emergency Medical Services Division of the Baytown Health Department into the Baytown Fire
Department and certain provisions herein shall be construed to survive the expiration or earlier
termination of the Agreement;
NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits to both
parties, the City and the Union agree to amend the Collective Bargaining Agreement for October 1, 2010
- September 30, 2014, as follows:
1. Recitals. The recitals contained hereinabove are true and incorporated as part of this
Third Amendment.
2. Amendments.
a. The Employer and Union agree that the Agreement is hereby amended by the
addition of Article 32 "Fire /EMS Merger," which shall read as follows:
ARTICLE 32
FIRE /EMS MERGER
Section 1. Statement of Intent.
The intent of this Article is to provide for the merger of the Baytown Emergency
Medical Services Division of the Baytown Health Department into the Baytown Fire
Department:
a. to extend to those persons hired by the City of Baytown prior to the
Effective Date hereof as Medics civil service benefits pursuant to Chapter
143 of the Texas Local Government Code, except as otherwise provided
in this Article;
Third Amendment, Page I
b. to offer necessary fire cross training and certifications to Medics and to
assure that the Certified Medics form an integral part of the City's fire
protection activities; and
C. to assure that over time the fire prevention and suppression service and
the ambulance and medical services are substantially related within one
department for the purposes of the Fair Labor Standard's Act's overtime
exemption allowed to municipalities for fire suppression personnel and to
assure that all Fire Department employees qualify as employees hired
after the Effective Date are engaged in fire protection activities as per
federal law.
Section 2. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Certified Medic shall mean Medics of any classification who become certified as
firefighters within the Transition Period.
Chapter 143 shall mean Chapter 143 of the Texas Local Government Code
Effective Date shall mean the date that this Third Amendment is executed by the
City Manager, which shall in no event be before January 1, 2013.
EMS means emergency medical services.
Firefighter Paramedic shall mean a person who:
(i) is not a Medic on the Effective Date;
(ii) is employed by the City as a firefighter of any classification; and
(iii) has obtained and maintains his firefighter certification from TCFP and his
paramedic certification from the TDSHS.
Medic shall mean those persons who are not firefighter certified and who were
employed by the City of Baytown and held the positions of Paramedic, Senior Paramedic,
Paramedic Supervisor, or EMS Coordinator in the Baytown Health Department
immediately prior to the Effective Date hereof. Such persons are specifically identified in
Appendix 2 of this Agreement, which appendix is attached hereto and incorporated herein
for all intents and purposes. A Medic shall not include a person who is or becomes a
Certified Medic.
Medical Division of the Fire Department shall mean personnel of the Fire
Department whose primary duties pertain to EMS operations rather than fire suppression,
fire prevention, fire training, fire safety education, fire maintenance, fire
communications, fire photography, fire administration and fire arson investigation.
Third Amendment, Page 2
TCFP shall mean the Texas Commission on Fire Protection or any successor
agency that is accredited in state by International Fire Service Accreditation Congress.
TDSHS shall mean the Texas Department of State Health Services or any
successor agency that is responsible for certification of licensed paramedics in the state.
Transition Period shall mean the six -year period commencing on the Effective
Date during which Medics may become Certified Medics.
Section 3. Merger of EMS Division into Fire Department.
(a) Merger. On the Effective Date, the Emergency Medical Services
Division of the Baytown Health Department will be transferred to and merged into the
Baytown Fire Department in accordance with the terms specified in this Article.
(b) Civil Service Status. On the Effective Date, each Medic will be
transferred to the Fire Department and given the status of civil service employee under
Chapter 143 subject to the terms of the Agreement and this Third Amendment without
being required to take a competitive examination. Such persons shall for all intents and
purposes be considered as being appointed in substantial compliance with Chapter 143 of
the Texas Local Government Code.
(c) Bargaining Unit Status. On the Effective date, each Medic will become
part of the Fire Department bargaining unit for purposes of representation as defined and
provided for in Chapter 174 of the Texas Local Government Code. Each Medic has the
right to join and maintain membership in the Union. Likewise, each Medic has the right
to refrain from joining, or to withdraw from membership in the Union. Neither the City
nor the Union shall exert any pressure for or against any Medic in regard to such matters.
Section 4. Effect on Firefilthters.
(a) Paramedic Certification.
(1) Not Required. Firefighters hired on or prior to the Effective Date will
not be required to become or remain certified by TDSHS as paramedics.
Firefighters without such certification, however, will not be eligible to test for
any position in the Medical Division of the Fire Department.
(2) Required. Firefighters hired on or after the Effective Date may be
required by the Fire Chief to be or become certified by TDSHS as paramedics
subject to Article 3 of the Agreement.
(b) Temporary Assignments. Firefighters who are hired on or after the
Effective Date, may be temporarily assigned by the Fire Chief to duties in the Medical
Division of the Fire Department. Firefighters who were hired before the Effective Date,
may be temporarily assigned by the Fire Chief to duties in the Medical Division of the
Fire Department only if the firefighter consents such temporary assignments in writing,
whether by e-mail or otherwise.
Third Amendment, Page 3
Section 5. Medics.
(a) Class ifications/Positions.
(1) Establishment. The classifications and the number of positions
created in subsection (b) of this section are provided for and
established without the necessity of any action by the Civil
Service Commission or the City Council.
(2) Creation and Abolishment. The classifications and positions
created and/or abolished pursuant to the terms of this article after
the Effective Date shall be deemed provided for and established
without the necessity of any action by the Civil Service
Commission or the City Council.
(3) Record. The Director of Civil Service shall maintain the official
record of the classifications and number of positions in each
classification created or abolished pursuant to this Agreement,
which record shall be binding on the parties hereto,
(b) Assignment to Classifications. On the Effective Date, Medics will be
placed in the classifications and positions created by the City Council as follows:
Position in the EMS Division of
the Health Department
Paramedic
Classification in the Fire
Department
Non -Fire Paramedic
Senior Paramedic
Non -Fire Paramedic
Paramedic Supervisor
Non -Fire Paramedic Supervisor
EMS Coordinator
EMS Coordinator
The parties understand and agree that there will be no person, other than a Medic,
who will hold a position in the classifications hereinabove. As Medics leave the Fire
Department through retirement, resignation or otherwise, the number of authorized
positions in the above - referenced classifications shall be reduced accordingly.
Additionally, once a position in one of the classifications hereinabove is abolished as
provided in subsection (f) of this section after the promotion of a Firefighter Paramedic,
the number of authorized positions in the classification shall be reduced accordingly.
(c) Duties. The duties of persons within the classifications of Non -Fire
Paramedic, Non -Fire Paramedic Supervisor, and EMS Coordinator will be allocated and
assigned in accordance with and subject to Article 3 of this Agreement. It is understood
and agreed by the parties hereto that a Certified Medic may be assigned to work
paramedic and/or firefighter assignments. Certified Medics shall be assigned by the Fire
Chief to duties in the Medical Division of the Fire Department. A Certified Medic may
be temporarily assigned by the Fire Chief to duties in the Fire Department other than
those associated with the Medical Division of the Fire Department only if the Certified
Medic requests such temporary assignment in writing, whether by e-mail or otherwise.
(d) Temporary Duties in Higher Classification. Without being considered
a promotion or count as time in grade, the Fire Chief may designate a Medic from a lower
Third Amendment, Page 4
classification to temporarily fill a position of another Medic in a higher classification
based upon the classification hierarchy established in subsection g(1) of this section. The
Fire Chief may also designate a Firefighter Paramedic to temporary fill a position of a
Medic in a higher or equivalent position in lieu of designating a Medic.
(e) Paramedic Certification. All Medics classified as a Non -Fire
Paramedic, Non -Fire Paramedic Supervisor, and EMS Coordinator shall be required to
maintain their paramedic certification in order to continue employment in the Baytown
Fire Department.
(f) Fire Certification.
(1) Not Required. No Medic will be required to obtain firefighter
certification from the TCFP as a condition for continued
employment in the Fire Department. A Medic who does not
obtain firefighter certification will be assigned to work
paramedic and non - firefighter assignments.
(2) Permitted. During the Transition Period only, a Medic may
submit a written request to the Fire Chief to become certified as a
firefighter by the TCFP at the City's expense and on City time.
The Fire Chief, in his sole discretion, may grant such request
and/or place conditions thereon if adequate funds are budgeted
within the Fire Department's budget for such purposes and if the
Medic has not attempted to obtain such certification under this
subsection on more than two (2) occasions during the Transition
Period. The Parties agree for and on behalf of the Medics that if a
Medic does not obtain the Fire Chief's approval of a request to
become certified as a firefighter by the TCFP at the City's
expense and on City time, he may pursue such certification on his
own time and at his own expense and shall not seek tuition
reimbursement or compensation of any sort for the time spent
seeking to obtain such certification on his own. The failure of the
Fire Chief to grant a request to become certified, to pay for time
spent in becoming certified and/or to pay tuition reimbursement
shall not be subject to grievance procedure in this Agreement.
(3) Obtained.
a. If a Medic in the classification Non -Fire Paramedic
obtains his firefighter certification, a new position in the
classification Fire Fighter shall be created and the
classification and such person's position in the
classification of Non -Fire Paramedic shall be abolished.
b. If a Medic in the classification Non -Fire Paramedic
Supervisor obtains his firefighter certification, a new
position in the classification Battalion Chief shall be
created and such person's position in the classification of
Non -Fire Paramedic Supervisor shall be abolished.
Third Amendment, Page 5
C. If the Medic in the classification EMS Coordinator
obtains his firefighter certification, a new position in the
classification Assistant Chief shall be created and the
classification and such person's position in the
classification of EMS Coordinator shall be abolished.
(g) Promotions.
(1) Transition Period. Medics will not be eligible for promotion except
during the Transition Period during which such persons may be
promoted only to those classifications referenced in subsection (b) of
this section.
a. Non -Fire Paramedic Supervisor. During the transition
period, promotions due to a vacancy in the classification of
Non -Fire Paramedic Supervisor shall be either by
appointment of the Fire Chief or as a result of an open
competitive exam, as determined by the Chief in his sole
discretion. If the promotion is based upon a competitive
promotional exam, eligibility for promotion shall be in
accordance with Sections 10.01 through 10.03 of the City of
Baytown's Local Civil Service Rules and Regulations.
1. If a Lieutenant is promoted, the position in the
classification Non -Fire Paramedic Supervisor shall be
abolished and a new position in the classification of
Battalion Chief shall be created to which such person
shall promote.
2. If a Certified Medic is promoted, the position in the
classification Non -Fire Paramedic Supervisor shall be
abolished and a new position in the classification of
Battalion Chief within the Medical Division of the Fire
Department shall be created to which such person shall
promote.
3. If a Medic who is not a Certified Medic is promoted to#
Non -Fire Paramedic Supervisor, the position in the
classification Non -Fire Paramedic shall be abolished.
b. EMS Coordinator. During the transition period, promotions
to the classification of EMS Coordinator, if the classification
exists, shall be by appointment of the Fire Chief without a
test. The Fire Chief may appoint a Medic or a Firefighter
Paramedic. If a Firefighter Paramedic is promoted, the
position in and the classification of EMS Coordinator shall be
abolished and a new position in the classification of Assistant
Chief within the Medical Division of the Fire Department
shall be created to which such person shall promote.
Third Amendment, Page 6
(2) During and After the Transition Period. Certified Medics, with the
exception of those persons who never held a position in the
classification of Fire Fighter within the Department during the
Transition Period, will be eligible for promotion during the Transition
Period and any time thereafter; provided the applicable time in rank
provisions herein and/or in Chapter 143 have been satisfied.
a. Promotion of Certified Medics in the Fire Fighter
Classification. Certified Medics will be eligible to take the
following promotional exams:
(i) A Certified Medic who has not continuously held a
position of EMS Paramedic within the City of
Baytown's Health Department for at least one year on
the Effective Date must hold a position in the Fire
Department in the classification of Fire Fighter for three
years to be eligible to take the promotional exam for
Equipment Operator.
(ii) A Certified Medic who has continuously held a position
of EMS Paramedic within the City of Baytown's Health
Department for at least one year on the Effective Date
must hold a position in the Fire Department in the
classification of Fire Fighter for at least two years to be
eligible to take the promotional exam for Equipment
Operator.
b. Promotion of Certain Certified Medics in the Battalion
Chief Classification. Certified Medics, who attained a
position in the classification of Battalion Chief during the
Transition Period pursuant to Section 5(f)(3)b, are not eligible
for promotion by competitive exam and may only be
appointed at the sole discretion of the Fire Chief to a position
in the classification of Assistant Chief created pursuant to
Section 5(f)(3)c or Section 5(g)(1)b.
(h) Demotions.
(1) Medics. While Medics who are not firefighter certified are eligible
for promotion during the Transition Period, such Medics can be
demoted at any time in accordance with Chapter 143 to the next lower
classification available to Medics who are not firefighters if the same
is not abolished. Such classifications to which Medics may be
demoted in order of hierarchy are as follows:
Hierarchy of Classifications
EMS Coordinator
Non -Fire Paramedic Supervisor
Non -Fire Paramedic
Third Amendment, Page 7
If the classification immediately below the classification from which
the Medic is being demoted has been abolished at the time of
demotion, the Medic shall be demoted to a position in the next lower
classification in the above - referenced hierarchy of classifications. If
all of the classifications below the classification from which the
Medic is being demoted have been abolished, the Medic shall be
dismissed from the Fire Department.
(2) Assistant Chief. If the EMS Coordinator becomes certified as a
firefighter in accordance with Section (5)(f)(3)(c) of this section, he
shall serve at the pleasure of the Fire Chief and may be demoted
without cause to the classification of Battalion Chief within the
Medical Division of the Fire Department.
(i) Reductions in Force. Personnel reduction shall be in accordance with
Texas Local Government Code Section 143.085; provided however, the position
immediately below the vacated or abolished position in the classifications listed in
Section 5(b) shall be as follows listed from highest to lowest:
Hierarchy of Classifications
EMS Coordinator
Non -Fire Paramedic Supervisor
Non -Fire Paramedic
If the classification immediately below the classification held by the Medic at the time of
the reduction in force has been abolished, the Medic shall be demoted to a position in the
next lower classification in the above - referenced hierarchy of classifications. If all of the
classifications below the classification from which the Medic is being demoted as a result
of the reduction in force have been abolished, the Medic shall be dismissed from the Fire
Department. Medics who have been laid off shall not be subject to recall after a reduction
in force unless they are certified as firefighters at the time of the reduction in force and of
the recall.
(j) Seniority. A Medic's years of employment with the City prior to the
Effective Date shall be counted only for purposes of longevity pay, accrual benefits, and
retirement. If on the day prior to the Effective Date, a Medic is employed with the City
as a Paramedic or Senior Paramedic, such Medic's years of employment prior to the
Effective Date as a Paramedic or Senior Paramedic shall be counted only for purposes of
determining the appropriate tier in the Fire Fighter classification in the compensation plan
as detailed in Article 23. If on the day prior to the Effective Date, a Medic is employed
with the City as a Paramedic Supervisor or an EMS Coordinator, such Medic's years of
employment prior to the Effective Date shall not be counted for purposes of determining
the appropriate tier in the Battalion Chief or Assistant Chief classification in the
compensation plan as detailed in Article 23, as such individuals shall be placed in the
lowest tier of such classifications after being certified as a firefighter. A Medic's
seniority for purposes of promotion shall be determined in accordance with subsection (g)
of this section or Chapter 143, as applicable.
Third Amendment, Page 8
Section 6. Compensation.
(a) Medics. Medics in the classifications created pursuant to Section 5(b) of
this Article shall be paid their same rate of pay as they received on the day prior to the
Effective Date. Such rate may be increased if:
1. an across -the -board raise is paid to all of the non -civil service
employees ofthe City,
2. a bonus payment is paid to all of the non -civil service employees
of the City, or
3. a merit raise is offered to non -civil employees of the City.
Any increase will be paid in the same manner and at the same time as the
same is paid to non -civil service employees provided, however, if a merit
increase is offered, then the rate of pay will be increased by the average
percentage merit increase budgeted. All such increases shall be subject
to FICA, TMRS and other withholding taxes.
Notwithstanding the foregoing, any increase authorized by this
subsection, which would result in the Medic receiving compensation in
excess of the tier to which such Medic would move if the Medic became
a Certified Medic, shall be paid as quarterly payments and shall not be
construed as part of the Medic's base pay 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. All such quarterly payments
will be subject to FICA, TMRS and other withholding taxes:
(b) Certified Medics in Fire Fighter Classification. Except as provided in
subsection (c), Certified Medics in the classification of Fire Fighter shall be paid the
greater of the following:
their same rate as they received on the day prior to the Effective
Date or
the base compensation specified in Appendix Years 1 - 5 of the
Agreement at the tier that corresponds to their time in service as a
City of Baytown EMS Paramedic or Senior Paramedic of the
equivalent classification lased upon the following chart:
Any Certified Medic whose salary on the day prior to the Effective Date
is higher than his appropriate tier in Appendix 1 Years 1 - 5 will not be
eligible for a salary increase but will receive the average percentage of
increase for the Fire Fighter classification paid as a quarterly bonus.
Such quarterly bonus shall not be construed as part of the Certified
Medic's base pay or any other pay identified by state or federal law,
including, but not .limited to, Chapters 141, 142 and 143 of the Texas
Third Amendment, Page 9
Local Government Code. All such quarterly payments will be subject to
FICA, TMRS and other withholding taxes.
(c) Certified Medic in Battalion Chief of Assistant Chief Classification.
A Certified Medic in the classification of Battalion Chief or Assistant Chief shall be paid
the greater of the following:
1. his same rate as they received on the day prior to the Effective
Date or
2. the base compensation specified in Appendix Years 1 - 5 of the
Agreement for a Tier 1 Battalion Chief or a Tier 1 Assistant
Chief, as appropriate, which compensation may increase
thereafter based upon number of years the Certified Medic has
held a position in such classification.#
Section 7. Effect on decisions of the Civil Service Commission and Third Party
Hearing Examiners.
Third Party Hearing Examiners as well as the Civil Service Commission shall be
bound by the terms of this article in making decisions pertaining to Medics. Should a
third -party hearing examiner, the Baytown Civil Service Commission or any successor
thereto make a decision which is contrary to the terms and conditions contained herein,
the parties understand and agree that such decision shall be deemed to be beyond the
jurisdiction of the third -party hearing examiner, the Baytown Civil Service Commission,
or any successor, and such decision will be interpreted by the parties in accordance with
this Article.
Section 8. Interpretation
The parties expressly understand and agree that a "fire emergency vehicle" as
used in such section shall not be deemed to include any ambulance or any other
emergency vehicle used by Medics or firefighters assigned to the Medical Division of the
Baytown Fire Department. The Parties agree for and on behalf of all employees covered
by this Agreement that the failure to assign four (4) personnel of any classification to
operate an ambulance or any other emergency vehicle used by Medics or firefighters
assigned to the Medical Division of the Fire Department shall not be subject to grievance
procedure in this Agreement or to any other administrative or judicial review.
Section 9. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters
141, 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 174 of the Texas Local Government Code.
Section 10. Evergreen.
The terms and conditions of this Article as well as in Article 3 of the Agreement
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.
Third Amendment, Page 10
b. The Employer and Union agree that Article 23 "Compensation" of the
Agreement is hereby amended to read as follows:
ARTICLE 23
COMPENSATION
Section 1. Base Compensation
Employees covered by this Agreement shall be paid compensation in accordance
with the chart in Appendix Years 1 - 5, for Year 1 (January 1, 2011, to December 31,
2011), Year 2 (January 1, 2012, to December 31, 2012), Year 3 (January 1, 2013, to
December 31, 2013), Year 4 (January 1, 2014, to December 31, 2014) and Year 5
(January 1, 2015 — September 30, 2015, which is attached hereto and incorporated into
this Agreement, unless the same are modified based upon the following:
a. Across - the -Board Raise. In any calendar year of this Agreement, if the City
provides for an across - the -board raise for all employees not covered by this
Agreement, the employees covered by this Agreement shall receive the same
increase to their base wages as that received by other City employees in such
Agreement Year. The base wage as increased will become the base wage for
subsequent Agreement Years unless modified as provided by in this section.
b. Wage Reopener. If the Agreement is reopened by the Union pursuant to Article
31, then compensation shall be determined as follows:
(1) The parties shall form a joint committee for the purpose of surveying and
collecting data relating to the salaries of firefighters. The committee
shall be composed of four (4) members.
(2) The Union shall select two (2) members and the City shall select two (2)
members for a total of four (4) members who shall all act and serve as
the sole and exclusive members of the committee.
(3) The committee shall survey and collect annual salary data for firefighters
from Civil Service cities in Texas with a population from 60,000 to
125,000.
(4) The salary data collected shall be analyzed utilizing the annual salaries of
firefighters and collected on or before June 1 of that contract year and
aged to January 1 of the applicable year, as needed.
(5) The members of the committee shall not make any final decisions in
relationship to salary of employees. The data shall be provided to both
collective bargaining teams for use in the determination of salary of
employees.
Section 2. Certificate Pay
A. Education. Employees with the following certifications shall be paid based upon
the applicable Year as defined in Section I hereof the following monthly certificate pay:
Intermediate
Advanced
Third Amendment, Page 1 l
Year
1 2 3 4 5
$75 $75 $75 $75 $75
$125 $125 $125 $125 $125
Master $180 $180 $180 $180 $180
Employees may receive only one of the above certificate pay per month.
B. Hazmat Certification (Payment contingent upon continued operation of the
Regional Hazmat vehicle):
1. Except as provided in subsection B.2 of this section, a firefighter, who is
certified by the state as a Hazmat Technician shall receive $50 certificate pay
on a monthly basis.
2. A firefighter who is certified by the state as a Hazmat Technician but not
assigned to a Hazmat Fire Station, as designated in writing by the Fire Chief,
may make a written request, whether via e-mail or otherwise, to the Fire
Chief to relinquish his /her Hazmat certification pay. If such request is
granted, the Fire Chief shall not assign such person to the Hazmat/Tech
Team and the firefighter shall no longer be entitled to receive Hazmat
certification pay. Even if a firefighter is no longer entitled to receive
certification pay hereunder, such person may keep his certification with the
state and obtain the required continued educational (CE) hours therefor at his
own expense or at the expense of the City with the prior written approval of
the Fire Chief.
C. Bilingual Pay. Emergency response personnel who speak Spanish and pass
the City's language proficiency test will be eligible for bilingual pay. In order to
maintain the bilingual pay, employees will be required every three years to recertify by
taking the language proficiency test.
Year
1 2 3 4 5
$50 $50 $50 $50 $50
Section 2.5. Assignment Pay
A. Hazmat Assignment Pay. (Payment contingent upon initiation and
continued operation of the grant funded Regional Hazmat vehicle):
A firefighter, who is certified by the state as a Hazmat Technician and regularly
assigned to a Hazmat Fire Station as designated by the Fire Chief in writing to
staff a Hazmat truck, shall receive $50 assignment pay on a monthly basis. A
firefighter, who is certified by the state as a Hazmat Technician but is not
regularly assigned to a Hazmat Fire Station as designated by the Fire Chief in
writing to staff a Hazmat truck, shall receive $5 per shift when such person is
temporarily assigned to staff the Hazmat Truck. For purposes of this section, a
firefighter will be considered regularly assigned to a Hazmat Fire Station if the
person is required by the Fire Chief to work at such station as indicated on the
Baytown Fire Department Staffing Roster; and if not so assigned, the person will
be considered to be temporarily assigned.
Third Amendment, Page 12
B. Paramedic Assignment Pay.
Certified Medics and Firefighter Paramedics who are regularly assigned to staff
an ambulance will receive assignment pay of $400.00 per month. Certified
Medics and Firefighter Paramedics who are temporarily assigned to staff an
ambulance will receive assignment pay of $40.00 per 24 -hour shift. For purposes
of this section a Certified Medic or Firefighter Paramedic will be considered
regularly assigned to staff an ambulance if the person is required by the Fire
Chief to staff an ambulance as indicated on the Baytown Fire Department
Staffing Roster; and if not so assigned, the person will be considered to be
temporarily assigned to staff an ambulance. However, it is expressly understood
and agreed that a firefighter who is not regularly assigned to staff an ambulance
will not receive paramedic assignment pay if such person is required to drive an
ambulance from a scene of a call to a hospital.
Section 3. Loneevi
Longevity will be paid pursuant to Section 141.032 of the Texas Local Government Code
on the same basis as it is paid to other City employees.
Section 4. Preemption
To the extent that any provision of this Article or Appendix Years 1 - 5 conflict with or
changes Chapter 141 or Section 143.038(b) or 143.041(b) of the Texas Local
Government Code or any other applicable statute, executive order, local ordinance or
rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the
Texas Local Government Code.
C. The Employer and Union agree that Article 10 "Shift Exchanges And Employee
Substitutions," Section 1 "Trading Time" is hereby amended to read as follows:
Section 1. Trading Time
Subject to the approval of the Fire Chief, employees may be allowed to trade time (i)
with other employees of equal qualification, and if applicable paramedic certification, or (ii)
as otherwise approved pursuant to the City of Baytown Personnel Policy Manual and Fire
Department Rules and Regulations.
d. The Employer and Union agree that Article 19 "Time Off for Association
Business," Section I "Union Business Pool" is hereby amended to read as follows:
ARTICLE 19
TIME OFF FOR ASSOCIATION BUSINESS
Section 1. Union Business Pool
A. Establishment of Union Business Pool. The City shall establish a Union Business Pool
(the "Pool "), to which the members of the Union shall contribute as agreed to herein.
The Pool, upon prior approval of the Fire Chief or his/her designee, may be used by
members of the Union's Executive Board (the `Board ") and/or members of the Union,
if designated by the Board (the "Designees "), in administering this Contract;
Third Amendment, Page 13
representing the Union at meetings or events; representing employees at disciplinary
hearings, grievances or on other job - related matters; attending seminars or training
programs for Union purposes; participating in collective bargaining; conducting
elections relating to Union business; and performing other Union business as approved
by the Chief.
B. Initial Pool Funding
1. Current Union Members. On the first pay period following Council approval of this
Agreement, the City shall deduct the following amounts of accrued vacation leave from
each member of the Union to fund the Pool:
➢ four (4) hours of accrued vacation leave time from Union members who work
forty (40) hours a week and
➢ six (6) hours of accrued vacation leave time from Union members who work
twenty -four (24) hour shifts.
Those Union members, who do not have the above - referenced amounts of accrued
vacation leave on the first pay period following Council approval of this Agreement,
shall contribute:
➢ all of their accrued vacation leave on the first pay period following Council
approval of this Agreement, and
➢ the remaining hours of accrued vacation leave every six (6) months of the
City's fiscal year until such Union member has contributed the requisite
amount enumerated in this subsection.
2. Future Union Members. Members of the Union that join the Union following Council
approval of this Agreement, shall contribute to the Pool in the same manner as those that
were members of the Union on the first pay period in January following Council
approval of this Agreement.
C. Subsequent Pool Funding. Commencing the first pay period in January following
Council approval of this Agreement, City shall deduct annually (i) six (6) hours of
accrued vacation leave from each member of the Union assigned to shift work and
(ii) four (4) hours of accrued vacation leave from each member of the Union assigned
to 40 -hour work weeks to maintain the Pool. Such deduction shall be made from the
first pay period in each January of Years 1 through 5, as defined in this Agreement.
Those Union members, who do not have at least the required number of hours of
accrued vacation leave at the time of the first pay period in January as specified in
this Subsection C, shall contribute to the Pool:
➢ all of their accrued vacation leave on the first pay period in January of each
Year, and
➢ the remaining portion of accrued vacation leave every six months of the
City's fiscal year until such Union member has contributed the requisite
amount enumerated in this Section.
In the event that the total hours in the pool reach 1,800 hours, the City shall cease
deducting the amounts of accrued vacation leave as specified in Subsection C from those
members of the Union, who are not in arrears in their contributions to the fund. The City
Third Amendment, Page 14
shall continue deducting the amounts specified in subsection C from each member of the
Union who is in arrears at the time the pool reaches 1800 hours, until such member is no
longer in arrears. Once the total number of hours in the pool is drawn down to 1,000
hours, the City shall commence deducting the amounts of accrued vacation leave
specified in Subsection C at which time the deduction shall resume again. Suspensions
of deductions shall continue in this manner throughout the term of this Agreement.
Any member may contribute additional vacation time to the Pool so long as the total
number of hours in the pool does not exceed 1,800 hours.
In the event that this contract expires and this Article is not included in the immediately
subsequent collective bargaining agreement, the City shall equitably disburse the monies remaining
in the Pool at the expiration of this Agreement among the remaining members of the Union who
have contributed to the Pool.
e. The Employer and Union agree that Article 29 "Scope of Agreement," Section 2
"Preemption" of the Agreement is hereby amended to read as follows:
ARTICLE 29
SCOPE OF AGREEMENT
Section 2. Preemption
To the extent that any provision of this Article or Appendix Year 1 -5 conflict with or
changes Chapter 141 or Section 143.038(b) or 143.041(b) of the Texas Local Government
Code or any other applicable statute, executive order, local ordinance or rule, this Agreement
shall supersede such provisions, as authorized by Chapter 174 of the Texas Local
Government Code.
f. The Employer and Union agree that Article 30 "Duration" of the Agreement is
hereby amended to read as follows:
ARTICLE 30
DURATION
This Agreement shall be effective from October 1, 2010, and will expire at midnight
on September 30, 2015.
g. The Employer and Union agree that Article 31 "Reopeners" of the Agreement is
hereby amended to read as follows:
ARTICLE 31
REOPENERS
Section 1. Wage and Certification Pay Reopeners.
The Union may reopen this Agreement for the sole purpose of negotiation of wages
and certification pay for Year 2, Year 3, Year 4, and Year 5 of this Agreement. Such years
shall commence and end as follows:
Year 2 - January 1, 2012 through December 31, 2012
Third Amendment, Page 15
Year 3 - January 1, 2013 through December 31, 2013
Year 4 - January 1, 2014 through December 31, 2014
Year 5 — January 1, 2015 through September 30, 2015
If the Union desires to reopen this Agreement, it shall notify the employer in writing,
whether by e-mail or otherwise. Such notice shall include a detailed list of the modifications
or changes desired and supporting documentation and must be received by the City prior to
the following dates:
Year 2 — One hundred twenty (120) days prior to September 30, 2011
Year 3 - One hundred twenty (120) days prior to September 30, 2012
Year 4 — One hundred twenty (120) days prior to September 30, 2013
Year 5 —#Qne hundred twenty (120) days prior to September 30, 2014
Upon receipt of such written notice by the Employer, negotiations will commence.
Except as provided below, nothing herein shall be construed to allow the reopening of any
other provision of this Agreement. This section authorizes the Union to reopen only Article
23 Sections 1 and 2 concerning wages and certification pay for the years hereinabove stated.
Should the Union notify the City of its intent to reopen Article 23 Section 1 or 2, then
the City may designate one additional article of this Agreement to reopen.
Section 2. Year 5 Reopeners.
In addition to reopening this Agreement for the purpose of negotiating wages and
certification pay in Year 5, the Union may also reopen Articles 9, 19 and 22 of this
Agreement in Year 5 of this Agreement, as defined in Section 1 of this article. If the Union
desires to reopen this Agreement, it shall notify the employer in writing, whether by e-mail or
otherwise. Such notice shall include a detailed list of the modifications or changes desired
and supporting documentation and must be received by the City one hundred twenty (120)
days prior to September 30, 2014.
Upon receipt of such written notice by the Employer, negotiations will commence.
Except as provided below, nothing herein shall be construed to allow the reopening of any
other provision of this Agreement by the Union. This section authorizes the Union to reopen
only Articles 9, 19, and 22 concerning overtime, time off for association business, and
uniforms in Year 5.
Should the Union notify the City of its intent to reopen Articles 9, 19, and/or 22, then
the City may designate one additional article of this Agreement to reopen for each article
opened by the Union pursuant to this section.
Section 3. Status Once Contract is Reopened.
If the Contract is reopened pursuant to Section 1 and /or Section 2 hereinabove, it is
expressly understood and agreed that until a new agreement concerning the opened articles is
reached, the opened articles as specified in the Agreement will be in full force and effect and
will be binding upon the parties hereto.
3. Essence. Time is expressly declared to be of the essence in regards to the Agreement.
Third Amendment, Page 16
4. Jurisdiction. The Agreement and all amendments thereto, including this Third 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 Third 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 Third
Amendment shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
6. Waiver. Failure of either party to this Third Amendment to insist on the strict performance of any
of the provisions herein or to exercise any rights or remedies accruing thereunder upon default or
failure of performance shall not be considered a waiver of the right to insist on and to enforce, by
any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any
right or remedy occurring as a result of any future default or failure of performance.
7. Ambiguity. In the event of any ambiguity in any of the terms of this Third Amendment, it
shall not construed for or against any party hereto on the basis that such party did or did not
author the same.
8. Sole Agreement. The provisions of this Third Amendment and the provisions of the
Second Amendment, the 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 Third Amendment and the provisions of the Second Amendment, First
Amendment and /or the Agreement, the provisions of this Third Amendment shall control.
9. Amendments. No amendment, modification, or alteration of the terms of this Third Amendment
shall be binding unless the same be in writing, dated subsequent to the date hereof and duly
executed by the parties hereto.
10. 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.
11. Authority. Each party has the full power and authority to enter into and perform this Third
Amendment and the person signing this Third Amendment on behalf of each party has been
properly authorized and empowered to enter into this Third Amendment. The persons executing
this Third Amendment hereby represent they have authorization to sign on behalf of their
representative corporations and/or business entities.
12. Preemption. To the extent that any provision of this Third 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
Third Amendment shall supersede such provisions, as authorized by Chapter 174 of the Local
Government Code.
13. Binding Effect. ffect. The parties acknowledge they have read, understand, and intend to be bound by
the terms and conditions of this Third Amendment.
14. Multiple Execution. It is understood and agreed this Third Amendment may be executed in a
number of identical counterparts, each of which shall be deemed an original for all purposes.
Third Amendment, Page 17
IN WITNESS WHEREOF, the undersigned City
Amendment on this j day of 1{1l0.r. - - -> 201
CITY OF BAYTOWN
and the Union hereto execute this Third
BAYTOWN PROFESSIONAL
FIRE FIGHTERS
UNION, LOCAL 1173
4
MARK MEDRANO, President
ATTEST:
R>KaremPlles3GmuaclslColIcclive narydning ,2012\ I hi rdAmendmem2C13A I I0i2012CIewi dc
Third Amendment, Page 18
Secretary
After compleion of probationary
period, Fire Fighter will move to Tier 1.
Yrs
Year 1
Year 1
Year 2
Year 2
Year 3
Thereafter, Fro Fighter will
move
to next tier on
their anniversary of
completion
of
robaHon.
1
0-6 mas
$
57,939
$
57,939
$
60,256
$
60,256
$
60,256
2
6 mas+
$
61,416
$
61,416
Yr
63,872
Year 9
Year 2
$
Year 3
Tier
Year 4
$
Year 5
1
Year 2
$
43,980
$
43,980
$
45,739
$
45,739
$
45,739
2
Tier
$
45,296
$
45,296
$
47,108
$
47,108
$
47,108
3
63,871
$
46,658
$
46,658
$
48,524
$
48,524
$
48,524
4
66,426
$
48,054
$
48,054
$
49,977
$
49,977
$
49,977
5
69,748
$
49,497
$
49,497
$
51,477
$
51,477
$
51,477
6
$
$
50,985
$
50,985
$
53,024
$
53,024
$
53,024
7
$
52,513
$
52,513
$
54,613
$
54,613
$
54,613
8
$
54,089
$
54,089
$
56,253
$
56,253
$
56,253
9
$
55,708
$
55,708
$
57.937
$
57.937
$
57.937
Tier
Yrs
Yrs
Year 1
Year 1
Year 2
Year 2
Year 3
Year 3
Year 4
Year 4
Year 5
Year 5
1
0-6 mas
$
57,939
$
57,939
$
60,256
$
60,256
$
60,256
2
6 mas+
$
61,416
$
61,416
$
63,872
$
63,872
$
63,872
Tier
Yrs
$
Year 1
3
Year 2
2+
Year 3
80,742
Year 4
0,742
;Year
Year 5
83,972
$
83,972
$
83,972
Tier
Yrs
Year 1
2
1
0
$
63,871
$
63,871
$
66,426
$
66,426
$
66,426
2
1
$
66,426
$
66,426
$
69,083
$
69,083
$
69,083
3
2+
$
69,748
$
69,748
$
72,538
$
72,538
$
72,538
Tier
Yrs
Year 1
Year 2
Year 3
Year 4
Year 5
1
0
$
73,236
3;236
$
76,165
$
76,165
$
76,165
2
1
$
76,895
6,895
$
79,971
$
79,971
$
79,971
3
2+
$
80,742
0,742
;Year
$
83,972
$
83,972
$
83,972
Tier
Yrs
Year 1
2
Year 3
Year 4
Year 6
1
0
$
84,698
$
84,698
$
84,698'
$
84,698
$
84,698
2
1
$
89,780
$
89,780
$
89,780'
$
89,780
$
89,780
3
2+
$
94,269
$
94,269
$
94,269*
$
94,269
$
94,269
Annual salary does not Include longevity or seniority, pay and nothing in the annual
salary column shall move with the employee when he/she steps
Appendix Years 1 -5. page 1
*For Agreement Year 3 of this Agreement (January 1, 2013 — December 31, 2013), Assistant Chiefs shall
receive, in addition to the base compensation specified In the above - referenced chart, quarterly payments
equal to four percent (4 %) of the base compensation paid during the applicable quarter. Such quarterly
payments shall be paid as follows:
Quarter
Quarter Period
Payment Date
01
January 1, 2013 — March 31, 2013
April 30, 2013
Q2
April 1, 2013 — June 30, 2093
July 31, 2013
03
July 1, 2013 — September 30, 2013
October 31, 2013
04
October 1, 2013 — December 31, 2013
January 31, 2014
All quarterly payments will be subject to FICA, TMRS and other withholding taxes as a regular check.
Employees and the Union understand and agree that any quarterly payments provided for in this
agreement are only for Year 3 of this Agreement (January 1, 2013 — December 31, 2013) 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.
Appendix Years 1 -5. Pape 2
Appendix 2
EMPLOYEE
CURRENT POSITION TITLE
FUTURE POSITION TITLE
DALBEY, DANA L.
EMS COORDINATOR
EMS COORDINATOR
JOHNSON, TERRI
SUPV, EMS
NON -FIRE PARAMEDIC SUPERVISOR
SKOW, ERIK R.
SUPV, EMS
NON -FIRE PARAMEDIC SUPERVISOR
KELLY, JEFFREY
SUPV, EMS
NON -FIRE PARAMEDIC SUPERVISOR
SAUNDERS, SEAN
PARAMEDIC, SR
NON -FIRE PARAMEDIC
AULD, STEVEN L.
PARAMEDIC, SR
NON -FIRE PARAMEDIC
SPARKS, JOSHUA
PARAMEDIC, SR
NON -FIRE PARAMEDIC
ADAM, THOMAS W.
PARAMEDIC
NON -FIRE PARAMEDIC
STEWART, KATHLEEN
PARAMEDIC
NON -FIRE PARAMEDIC
RIVAS, ELKIN
PARAMEDIC
NON -FIRE PARAMEDIC
WILLIAMS, RUSSELL
PARAMEDIC
NON -FIRE PARAMEDIC
GILL, PATRICK
PARAMEDIC
NON -FIRE PARAMEDIC
TOMLIN, WILLIAM
PARAMEDIC
NON -FIRE PARAMEDIC
ANDERSON, KARLIS
PARAMEDIC
NON -FIRE PARAMEDIC
EBANKS, JENNIFER
PARAMEDIC
NON -FIRE PARAMEDIC
CHAPLAIN, JEREMIAH
PARAMEDIC
NON -FIRE PARAMEDIC
MILLER, MARK L.
PARAMEDIC
NON -FIRE PARAMEDIC
GUIDRY, TODD
PARAMEDIC
NON -FIRE PARAMEDIC
ASHLEY, RACHEL
PARAMEDIC
NON -FIRE PARAMEDIC
GUERRERO, MIGUEL
PARAMEDIC
NON -FIRE PARAMEDIC
BEAN, JEFFREY D
PARAMEDIC
NON -FIRE PARAMEDIC