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Ordinance No. 12,321ORDINANCE NO. 12,321 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 vot �f the City Council of the City of Baytown this the 22 "d day of August, 2013. /r i F4 FRAIN" Lem 01011 f RAKaren\Files \City Council\ 0rdinances\ 201RAugus122WcewdConferAgmement.doc DONCARLOS, Exhibit "A" AGREEMENT between THE CITY OF BAYTOWN, TEXAS .o BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC. January 2014 — December 2015 TABLE OF CONTENTS ARTICLE I - INTENT AND PURPOSE .................. ARTICLE 2 - AUTHORITY AND RECOGNITION ARTICLE 3 - PREEMPTION PROVISION ............. ARTICLE 4 - REIMBURSEMENT OF ACADEMY TRAINING TUITION ............. ............................... I ARTICLE 5 - SIGNING INCENTIVE ......................................................................... ............................... 2 ARTICLE 6 - ALTERNATIVE HIRING ..................................................................... ............................... 2 ARTICLE 7 - RELOCATION EXPENSES FOR ALTERNATIVE HIRES ................. ..............................3 ARTICLE 8 - RELOCATION EXPENSES FOR EXISTING POLICE OFFICERS .... ..............................3 ARTICLE 9 - COMPENSATION ................................................................................ ............................... 3 ARTICLE10- OVERTIME .......................................................................................... ..............................5 ARTICLE I I - COMPLETE AGREEMENT CLAUSE ................................................ ..............................6 ARTICLE 12- SAVINGS CLAUSE ............................................................................. ..............................6 ARTICLE 13 - DURATION OF AGREEMENT .......................................................... ..............................6 APPENDIX YEARS 1- 2 ARTICLE 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 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 2 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 3 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 4 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. Meet and Confer Agreement. Page I ARTICLE 5 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 December 31, 2015, 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 6 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 1 4 ]0 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 affect 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. Meet and Confer Agreement, Page 2 ARTICLE 7 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 6 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 8 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 9 COMPENSATION Base Compensation. Effective January 1, 2014, Police Officers covered by this Agreement shall be paid base compensation in accordance with the chart in Appendix Years 1 — 2 for year I (January 1, 2014 to December 31, 2014) and Year 2 (January 1, 2015 to December 31, 2015), which is attached hereto and incorporated herein for all intents and purposes. Year 2 (January 1, 2015 to December 31, 2015) shall be subject to an automatic adjustment without any reopener if the following threshold is met: City's Audited Total General Fund Revenue for the period of May 1, 2013, through September 30, 2013 plus City's Unaudited Total General Fund Revenues Actually Received during the period October 1, 2013, through April 30, 2014 $63,743,260.54, which is 105% of $60,707,867.18 ($60,707,867.18 is equal to the following: City's Audited Total General Fund Revenue for the period of May I, 2012 through September 30, 2012, Plus City's Unaudited Total General Fund Revenues Actually Received during the period of October I, 2012 through April 30, 2013) As used in herein the term "Unaudited Total General Fund Revenue Actually Received" mean all general fund revenues received, without adjustment but excluding bond and loan proceeds, and shall be determined and certified by the City's Director of Finance. The determination of the City's Director of Finance shall be final and binding on the parties hereto. If the above - referenced threshold is met, then the contract will be reopened only upon the express agreement of both parties. If the above - referenced threshold is not met, the Agreement shall be reopened automatically solely for the purposes of determining base compensation, which shall be determined as follows: Meet and Confer Aereement, Page 3 (1) The parties shall form ajoint committee for the purpose of surveying and collecting data relating to the salaries of police officers. The committee shall be composed of no more than four (4) members. (2) The Association shall select no more than two (2) members, and the City shall select no more than two (2) 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 police officers from Civil Service cities in Texas from compensation paid to Baytown police officers with the compensation paid to police officers of other civil service cities in Texas, having a population from 80,000 to 300,000 within any of the following Metropolitan Statistical Areas: a. Austin— Round Rock— San Marcos Metropolitan Statistical Area, consisting of the following: 1) Bastrop County, Texas, 2) Caldwell County, Texas, 3) Hays County, Texas, 4) Travis County, Texas, and 5) Williamson County, Texas; b. Dallas — Fort Worth — Arlington Metropolitan Statistical Area, consisting of the following: 1) Collin County, Texas, 2) Dallas County, Texas, 3) Delta County, Texas, 4) Denton County, Texas 5) Ellis County, Texas, 6) Hunt County, Texas, 7) Kaufman County, Texas, 8) Rockwall County, Texas, 9) Johnson County, Texas, 10) Parker County, Texas, 11) Tarrant County, Texas, and 12) Wise County, Texas; and C. Houston — Sugar Land — Baytown Metropolitan Statistical Area, consisting of the following: 1) Austin County, Texas, 2) Brazoria County, Texas, 3) Chambers County, Texas, 4) Fort Bend County, Texas, 5) Galveston County, Texas, 6) Harris County, Texas, 7) Liberty County, Texas, 8) Montgomery County, Texas, 9) San Jacinto County, Texas, and 10) Waller County, Texas. (4) The salary data collected shall be analyzed utilizing the annual salaries of police officers 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 meet and confer teams for use in the determination of salary of employees for Year 2 (January 1, 2015 through December 31, 2015). Meet and Confer Agreement. Page 4 (6) Negotiations will commence once the committee has provided the collected data to both meet and confer teams. If the Contract is automatically reopened due to the failure of the revenues to meet the threshold, it is expressly understood and agreed that until a new agreement concerning the base compensation is reached, the base compensation for Year 2 shall be in accordance with the column in the chart in Appendix Years 1 —2 entitled "2015 Annual Salary If Threshold Not Reached." Certificate Pay. Effective January 1, 2014, Police Officers, who have completed the FTO program and have the following certifications, shall be paid the following monthly certificate pay: Certification Month[), Intermediate Certificate Pay $80.00 Advanced $145.00 Master $200.00 ARTICLE 10 OVERTIME Section 1. Definitions. The following terms when used in this Article shall have the meanings ascribed to them in this section: Additional Hours Worked means hours worked other than the hours of a regularly assigned shift. Non - Worked Time means and includes all time and leaves not included as Time Worked. Overtime Worked means Time Worked in excess of the number of hours as specified by the City in accordance with the Fair Labor Standards Act for the Work Period of the employee. Time Worked means and includes not only the hours worked as a Police Officer pursuant to this Agreement during the Work Period but also all hours charged to the following leaves of absences during the Work Period: 1. vacation leave, 2. holidays, 3. workers' compensation leave, 4. administrative absence with pay associated with workers' compensation, and 5. administrative absence with pay not associated with discipline. Work Period shall be that period of time established by the City in compliance with the Fair Labor Standards Act. Section 2. FLSA Provisions. The City will comply with the Fair Labor Standards Act, which provides overtime after an employee works a specified number of hours in a designated work period. Only Time Worked will be considered for purposes of computing overtime compensation. Meet and Confer Agreement, Page 5 The parties agree that the City has the right to require that overtime hours be compensated in the form of pay or compensatory time, as determined appropriate by the Police Chief. Overtime compensated monetarily shall be calculated at a rate of one and one -half times the employee's regular rate of pay times each hour of Overtime Worked. Overtime compensated as compensatory time shall be calculated at the rate of one and one -half hours for each hour of Overtime Worked. All overtime to be worked must be approved in advance by the Police Chief or his designee. When leave classified as Non - Worked Time is taken or used by a Police Officer in the same Work Period that the Police Officer earns Additional Hours Worked; Additional Hours Worked that do not qualify for overtime under FLSA shall be paid hour - for -hour as compensatory time or regular pay, as determined by the Police Chief. The maximum number of hours of accrued compensatory time shall not exceed the cap established in the City of Baytown Personnel Policy Manual. There shall be no pyramiding of overtime under this Agreement, that is, hours shall not be paid for or credited to leave balances more than once. Section 3. Preemption To the extent that any provision of this Article conflicts with or changes Chapters 142 or 143 of the Texas Local Govemment Code or any other applicable statute, executive order, or local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 142 of the Texas Local Government Code. ARTICLE 11 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 12 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 13 DURATION OF AGREEMENT This agreement shall become effective on January 1, 2014, after execution 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, 2015, unless terminated in accordance with Section 142.065 of the Texas Local Government Code. Meet and Confer Agreement, Page 6 IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED TO HAVE THIS AGREEMENT TO BE SIGNED BY THEIR DULY AUTHORIZED REPRESENTATIVES ON THIS DAY OF 2013. CITY OF BAYTOWN BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC. STEPHEN H. DONCARLOS, Mayor AARON CROWELL, President ATTEST: LETICIA BRYSCH, City Clerk (Signature) (Printed Name) (Title) RAKarenWiles\Contracts \Meet and Confer\2013 \Baytown Police Meet and Confer 2013 Agreement.doe Meet and Confer Agreement, Page 7 Sergeant Lieutenant Assistant Chief Appendix Years 1 — 2 ■ Years in Rank 2014Annual Salary If Threshold 20 Annual old Salary If Threshold Not Reached Reached a '. 11 ' 11 ' •1 a Tier Years in Rank 2011 Salary Annual If Threshold 2015 Annual Salary If Threshold Not Beached Reached 'ate Tier Years in rant: 2011 Annual Salary If Threshold 2015 Annual Salary If Threshold Not Reached Beached Years in 2014 Annual 2015 Annual Salary Fier rank Salary If Threshold If Threshold Not Reached Reached ,Appendix Years 1 — 2 . Page Solo AGREEMENT between THE CITY OF BAYTOWN, TEXAS and BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC. January 2014 — December 2015 TABLE OF CONTENTS ARTICLE 1 - INTENT AND PURPOSE ...................................................................... ..............................1 ARTICLE 2 - AUTHORITY AND RECOGNITION ............................ ............................... ............1 ........... ARTICLE 3 - PREEMPTION PROVISION ................................................................ ............................... I ARTICLE 4 - REIMBURSEMENT OF ACADEMY TRAINING TUITION .............. ..............................1 ARTICLE 5 - SIGNING INCENTIVE ......................................................................... ............................... 2 ARTICLE 6 - ALTERNATIVE HIRING ...................................................................... ..............................2 ARTICLE 7 - RELOCATION EXPENSES FOR ALTERNATIVE HIRES ................ ............................... 3 ARTICLE 8 - RELOCATION EXPENSES FOR EXISTING POLICE OFFICERS ... ............................... 3 ARTICLE9 - COMPENSATION ................................................................................ ............................... 3 ARTICLE10 -OVERTIME ......................................................................................... ............................... 5 ARTICLE 11 - COMPLETE AGREEMENT CLAUSE ............................................... ............................... 6 ARTICLE12 - SAVINGS CLAUSE ............................................................................ ............................... 6 ARTICLE 13 - DURATION OF AGREEMENT ......................................................... ............................... 6 APPENDIX YEARS 1 - 2 ARTICLE 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 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 2 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 3 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 4 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. Meet and Confer Agreement, Page 1 ARTICLE 5 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 December 31, 2015, 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 6 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. 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 affect 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. Meet and Confer Agreement. Page 2 ARTICLE 7 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 6 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 8 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 9 COMPENSATION Base Compensation. Effective January 1, 2014, Police Officers covered by this Agreement shall be paid base compensation in accordance with the chart in Appendix Years 1 — 2 for year 1 (January 1, 2014 to December 31, 2014) and Year 2 (January 1, 2015 to December 31, 2015), which is attached hereto and incorporated herein for all intents and purposes. Year 2 (January 1, 2015 to December 31, 2015) shall be subject to an automatic adjustment without any reopener if the following threshold is met: City's Audited Total General Fund $63,743,260.54, which is 105% of $60,707,867.18 Revenue for the period of May 1, 2013 through September 30 2013 ($60.707,967.19 is equal to the following: City's Audited Total General Fund Revenue for the plus period of May 1.2012 through September 30, 2012, City's Unaudited Total General Plus City's Unaudited Total General Fund Revenues Fund Revenues Actually Received Actually Received during the period of October 1, 2012 during the period October 1, 2013, through April 30.2013) through April 30, 2014 As used in herein the term "Unaudited Total General Fund Revenue Actually Received" mean all general fund revenues received, without adjustment but excluding bond and loan proceeds, and shall be determined and certified by the City's Director of Finance. The determination of the City's Director of Finance shall be final and binding on the parties hereto. If the above- referenced threshold is met, then the contract will be reopened only upon the express agreement of both parties. If the above - referenced threshold is not met, the Agreement shall be reopened automatically solely for the purposes of determining base compensation, which shall be determined as follows: Meet and Confer Agfeement. Page 3 (1) The parties shall form a joint committee for the purpose of surveying and collecting data relating to the salaries of police officers. The committee shall be composed of no more than four (4) members. (2) The Association shall select no more than two (2) members, and the City shall select no more than two (2) 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 police officers from Civil Service cities in Texas from compensation paid to Baytown police officers with the compensation paid to police officers of other civil service cities in Texas, having a population from 80,000 to 300,000 within any of the following Metropolitan Statistical Areas: a. Austin — Round Rock — San Marcos Metropolitan Statistical Area, consisting of the following: 1) Bastrop County, Texas, 2) Caldwell County, Texas, 3) Hays County, Texas, 4) Travis County, Texas, and 5) Williamson County, Texas; b. Dallas — Fort Worth — Arlington Metropolitan Statistical Area, consisting of the following: 1) Collin County, Texas, 2) Dallas County, Texas, 3) Delta County, Texas, 4) Denton County, Texas 5) Ellis County, Texas, 6) Hunt County, Texas, 7) Kaufinan County, Texas, 8) Rockwall County, Texas, 9) Johnson County, Texas, 10) Parker County, Texas, 11) Tarrant County, Texas, and 12) Wise County, Texas; and C. Houston — Sugar Land — Baytown Metropolitan Statistical Area, consisting of the following: 1) Austin County, Texas, 2) Brazoria County, Texas, 3) Chambers County, Texas, 4) Fort Bend County, Texas, 5) Galveston County, Texas, 6) Hams County, Texas, 7) Liberty County, Texas, 8) Montgomery County, Texas, 9) San Jacinto County, Texas, and 10) Waller County, Texas. (4) The salary data collected shall be analyzed utilizing the annual salaries of police officers 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 meet and confer teams for use in the determination of salary of employees for Year 2 (January 1, 2015 through December 31, 2015). Meet and Confer Agreement. Page 4 (6) Negotiations will commence once the committee has provided the collected data to both meet and confer teams. If the Contract is automatically reopened due to the failure of the revenues to meet the threshold, it is expressly understood and agreed that until a new agreement concerning the base compensation is reached, the base compensation for Year 2 shall be in accordance with the column in the chart in Appendix Years 1 — 2 entitled "2015 Annual Salary if Threshold Not Reached." Certificate Pay. Effective January 1, 2014, Police Officers, who have completed the FM program and have the following certifications, shall be paid the following monthly certificate pay: Section 1. Definitions. section: Intermediate $80.00 Advanced $145.00 Master $200.00 ARTICLE 10 OVERTIME The following terms when used in this Article shall have the meanings ascribed to them in this Additional Hours Worked means hours worked other than the hours of a regularly assigned shift. Non- Worked Time means and includes all time and leaves not included as Time Worked. Overtime Worked means Time Worked in excess of the number of hours as specified by the City in accordance with the Fair Labor Standards Act for the Work Period of the employee. Time Worked means and includes not only the hours worked as a Police Officer pursuant to this Agreement during the Work Period but also all hours charged to the following leaves of absences during the Work Period: 1. vacation leave, 2. holidays, 3. workers' compensation leave, 4. administrative absence with pay associated with workers' compensation, and 5. administrative absence with pay not associated with discipline. Work Period shall be that period of time established by the City in compliance with the Fair Labor Standards Act. Section 2. LSA Provisions. The City will comply with the Fair Labor Standards Act, which provides overtime after an employee works a specified number of hours in a designated work period. Only Time Worked will be considered for purposes of computing overtime compensation. Meet and Confer Aw— cement. Page 5 The parties agree that the City has the right to require that overtime hours be compensated in the form of pay or compensatory time, as determined appropriate by the Police Chief. Overtime compensated monetarily shall be calculated at a rate of one and one -half times the employee's regular rate of pay times each hour of Overtime Worked. Overtime compensated as compensatory time shall be calculated at the rate of one and one -half hours for each hour of Overtime Worked. All overtime to be worked must be approved in advance by the Police Chief or his designee. When leave classified as Non - Worked Time is taken or used by a Police Officer in the same Work Period that the Police Officer earns Additional Hours Worked; Additional Hours Worked that do not qualify for overtime under FLSA shall be paid hour - for -hour as compensatory time or regular pay, as determined by the Police Chief. The maximum number of hours of accrued compensatory time shall not exceed the cap established in the City of Baytown Personnel Policy Manual. There shall be no pyramiding of overtime under this Agreement, that is, hours shall not be paid for or credited to leave balances more than once. Sectlon 3. Preemption To the extent that any provision of this Article conflicts with or changes Chapters 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 142 of the Texas Local Government Code. ARTICLE 11 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 12 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 13 DURATION OF AGREEMENT This agreement shall become effective on January 1, 2014, after execution 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, 2015, unless terminated in accordance with Section 142.065 of the Texas Local Government Code. Meet and Confer Aereement, Page 6 IN WITNESS WHEREOF, "I HE PARTIES HAVE CAUSED TO HAVE THIS AGREEMENT TO AE SIGNS BY THEIR DULY AUTHORIZED REPRESENTA'T'IVES ON THIS j�AY OF ?013. CITY OFSAYTOWN s v S HEN-1T DONCARLOS, Mavor BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC. A ROWEL resident ATTEST: (Signature) (Printed Name) (Title) It ,.Karen=Filcs'.Contractsttiicet and Confer-3013.Haytown Police Mcct and Confer 2013 Agrecment.doc Meet and Confer Agreement, Page 7 Appendix Years 1— 2 Appendix Years 1 —2 Page Solo