Ordinance No. 12,313ORDINANCE NO. 12,313
AN ORDINANCE OF THE CITY COUNCII� OFTI-11-l' CITY Ol,BAYTOWN,
TEXAS, AUTHORIZING THE 17OURTH AMENDMENT TO THE FIRE
conEcTIVE BARGAINING AGREEMENT BETWEEN '['HE CITY OF
BAYTOWN, TEXAS, AND THE INTERNATIONAI., ASSOCIATION OF
FIREFIGHTERS I,OCAL, 1173; AND PROVIDING I'OR THE EFFECTIVE
DATE TI IEREOF.
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BE IT OlkDAIN1-`,D BY THE CITY COUNCIL, OF THE ary OF BAYTOWN,
Tl--'XAS:
Section 1: That the City Council of the City of Baytown hereby authorizes the Fourth
Amendment to the Fire Collective Bargaining Agreement between the City of Baytown, Texas,
and the International Association of Firefighters 1-ocal 1.173. A copy of said amendment is
attached hereto as Exhibit "A" and incorporated herein 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 Councll of the
City of Baytown this the 8"' day olAugust, 2013.
ROLIERtC. 11bSKfKS', Mayor Pro Tern
A I
TT S "I
L, ET I C LA B R Y S Cl 1`1"ei tv C I erk
APPROVED AS TO FORM:
1,'NACIO RAMIRI Z, S'R(,.,Vity' Attorney
RAKaren\1`j1esTity COLLIlCil\Ofdiriaiice�'\21 013\Atit,tist 81Co11ccbvcB
MHUPIR.1
H)URTH AMENDMENT TO THE COLLECTIVE BARGAINING AGRE EMENT
OCTOBER 1, 2010 — SEPTEMBER 3(1 201
']'his Fourth Amendment to the Collective Bargaining Agreement for October 1, 2010 -
September 30, 2015 ("Fourth Amendment") is signed and agreed upon this the 9"' clay of August, 2013„
by and between the City of Baytown, Texas, a Municipal corporation located in Harris and Chambers
Counties, Texas (the "City" or the "Employer") and the International Association of Firefighters Local
1173 (tile "Union"),
W IT N EIS S ET I I
WHEREAS, the Union and the City have mutually agreed to arnend tile Collective Bargaining
Agreement, October 1, 2010 -- September 30, 2015 (tile "Agreement") in order to make amendments in
order to achieve a larger applicant pool For beginning positions, to reduce tile time and costs to the City
for new employees to perform orm theirjob functions; and to give preference to candidates possessing certain
certifications; and
WHEREAS, the pat-ties understand and agree that certain provisions of tile civil service law ITIUSt
be pre-empted in order to accomplish such purposes; and
WFIEREAS, the provisions of this FOUrth Amendment shall pre-empt all provisions of Chapter
143 of the Texas Local Government Coc�le as necessary in order to effectuate the amendments herein;
NOW THEREFORE, in consideration ofthe mutual coveriants, agreements and benefits to both
parties, the City and the Union agree to amend the Collective Bargaining Agreement for October 1, 20 10
- September 30, 2015, as 1161 tows:
Recitals. The recitals contained hereinabove are true and incorporated as part of this Fourth
Amendment.
Amendment. 'file Employer and Union agree that the Agreement is hereby amended by the
addition of Article 33 ) "Hiring Process," which shall read as Follows:
Article 33
I] iring Process
Section 1, Eligibility For Appointment to ft inning Positions.
[it addition to meeting the eligibility requirements contained in Chapter
143 of the Texas Local Government Code, the City of Baytowns Local Civil
Set-vice Rules, the City of Baytown's Personnel Policy Manual, and the Baytown
Fire and Rescue Service.,;' Rules and Regulations, ail applicant for a beginning
position in the [!Fire Department must hold one or niore of' the llollowirig
certifications valid at the time of the examination and appointment:
('a) Certification as a Basic Structural Fire 17i gliter (or higher) by the Texas
Commission oil Fire Protection and as am EmT-B (or higher) by the
Texas Department of State Health Services or the National Registry of'
Emergency Medical Technicians;
(b) Certification as a Fire Fighter by a State other than Texas, or Fire
Fighter 11 certification, by the International Fire Set-vice Accreditation
Congress ( "II' SAC ") and as all I."-'M'I'-B (or higher) by the Texas
Department of State Health Services or the National Registry of
Emergency Medical Technicians;
(C) Certification as an EMT-P by the Texas Department of State Health
Services or the National Registry of Emergency Medical Technicians; or
(d) Certification as all EMT-1 by the Texas Department of State Health
Services or the National Registry of f,"mergency Medical Technicians.
Section 2. Post-Hire Retention Requirements.
(a) An employee appointed to a position in the Fire Department oil or after
August 9, 2013, who holds a certification described in Sections I(a),
I(b), or I(d) but Who lacks EMT-P certification, ulUSt enroll in
paramedic school within one year of tile date of his appointment and
achieve certification by the State of Texas as all EMT-11 within two years
of the date of his appointment to remain employed.
(b) An employee appointed to a position in the Fire Department on or after
August 9, 2013, who holds the certification described in Section I(b),
must meet the requirements for certification as a Basic Structural Fire
Fighter by the Texas Commission oil Fire Protection within ninety (90)
days of the date of his appointment to remain employed,
(c) An employee appointed to a position in the Fire Department on or after
August 9, 2013, who holds the certification described in Section 1(c) or
I(d) above MUSt obtain Basic Structural Fire Fighter certification from
the Texas Commission on Fire Protection within one year of the date of
his appointment to remain employed.
Section 3. Selection from the Entrance Eligibility List.
Applicants will be placed in Certification Groups according to the
certifications they possess. Applicants will then be selected from the entrance
2
eligibility list in rank order by score according 0o the Certification Groups they
are in. Each Certification Group will he exhausted prior to mmr|ug to tile oos
Certification Group. The following are the Certification Groups:
(a) Certification GmUp A — &asicfireGghter (or higher) and EMT-P
(b) Certification Group B -- ErVIT-11 certification;
(c) Certification (]nvup C — Basic Fire Fighter (or higher) and EMT-1
W0 Certification Group D —EM1-! certifications; and
(e) Cm7fiuutimo Group E — Basic Fire Fighter (*r higher) and EMT-B
Section 4. Preemption.
To the extent that any provision mfthis Article conflicts with or changes
Chapters 141, 142 or 143 of' the Texas Lwou| Government Code or any other
applicable a1/to1e, executive order, or |oou| ordinance or rule, this Agrccmco,
shall supersede such provisions, as authorized by Chapter 174 ofthe Texas Local
Government Code.
3. Essence. Time is expressly declared to be of the essence in regards to the Agreement.
4. ]urisdkctign. The 6grrencm| and all amendments thereto, including this Fourth Amendment,
shall be COnStrUed under and in accordance with the laws of the State ofTexas, and all obligations
on:a1od by tile Agreement and all amendments thereto shall be per[bnnah}p in Harris County,
Texas.
5. Validity. lu case any one wrmoremfde provisions contained in this Fourth Amendment
sbmU for any nrosnn be held invalid, il\*&uL or uncuforcuab|e in any respect, suc6 invalidity,
illegality, or uocaforccubiidy shall not affect any udec provision thereof and this Fourth
&mondmuoo/ shall be construed em if such invalid, Uiegu\ or uncm6orceu6le provision had never
been contained herein.
ti Waiver.Pai|urcuf either party to this Fourth Amendment 10 insist on the strict performance of
any of tile provisions herein or to exercise any rights or remedies uocTubmg thereunder upon
default 01- filiftire of performance shal I not be considered a waiver of the right to insist oil and to
em6mrzc, by any appropriate remedy, strict compliance with any other obligation hereunder or to
exercise any right or remedy Occurring as a result ol'any finure default Or failure of perf'onnaace.
I
AmbiQLlit)', In the event ofan Y ambiguity in any of the terms of this Fourth Aniendment, it
Shall 110t construed for or against any party hereto on the basis that SLICII party did or did not
author the same.
Sole Agreement. 'rhe provisions of this Fourth Alnendment and the provisions of the
Third Amendment, the Second Amendment, the First Amencinlent and the Agreement should be
read together and COnStrUed as one agreement, provided that in the event of any conflict or
inconsistency between tile provisions of this Fourth Amendment and tile provisions of the Third
Amendment, the Second Amendment, First Amendment and/or the Agreement, the provisions of'
this Fourth Amendment shall control.
Amendments. No amendment, modification, or alteration of the terms of this Fourth
Amendment shall be bindillg Unless tile same be in writing, dated subsequent to the date hereof
and duly executed by the parties hereto.
10. Headings. 'file 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.
it. Authority. Each party has the full power and authority to enter into and perform this Fourth
Amendment and the person signing this Fourth Amendment on behalf of each party has been
properly authorized and empowered to enter into this Fourth Amendment. The persons eXCCL]til'lg
this Fourth Amendment hereby represent they have authorization to sign oil behalf of their
representative corporations and/or business entities.
12. PrOCITIption, To the extent that any provision of this Fourth 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
Fourth Amendment shall supersede such provisions, as allth0l'ized by Chapter 174 of tine Loeal
Government Code.
13. Binding Effect. The parties acknowledge they have read, Understand, and intend to be bound by
the terms and conditions orthis Fourth Amendment.
14. Multiple Execution. It is understood and agreed this Fourth Amendment may be exeCLIted in a
IlUmber of identical counterparts, each of which shall be deemed all original for all purposes,
IN WITNESS WHERE 01", the undersigned City and the Union hereto execute this fourth
Amendment on this.___.- day of --,2013.
CITY OF BAYTOWN
11013EIlT D. LEIPER, City Manager
ATITST:
LETICIA BRYSCH, City Clerk
tt:1katuttlrrI MI Barg�iinii)g62013'1rlt[iAiiiejtdiiiLtitl-'itittIS-2 doc
BAYTOWN PROFESSIONAL
FIRE FI(THTERS
UNION, LOCAL 1173
MARK MEDRANO, President
My"M
Secretary