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HomeMy WebLinkAbout24-1904ORDINANCE NO. 24-1904 AN ORDINANCE OF THE CITY OF DENTON APPROVING A FIRST AMENDMENT TO THE 2022-2026 MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON POLICE OFFICERS ASSOCIATION, AMENDING ARTICLE 4 – HIRING (ELIGIBILITY AGE); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Denton Police Department (DPD) is subject to Texas Local Government Code (TLGC) Chapter 143 (Municipal Civil Service for Firefighters and Police Officers); and WHEREAS, TLGC Chapter 142, Subchapter B, allows the City and the Denton Police Officers Association (DPOA) to negotiate changes to TLGC Chapter 143 through a Meet and Confer Agreement, including the minimum and maximum hiring ages for a beginning position in the DPD; and WHEREAS, the City and the (DPOA) entered into a Meet and Confer Agreement (“Agreement”) effective October 1, 2022 – September 30, 2026; and WHEREAS, TLGC Sec. 143.023(a) provides that a person may not take an entrance examination for a beginning position in the police department unless the person is at least 18 years of age; and WHEREAS, Article 4, Section 4 of the Agreement provides that a candidate for employment with the DPD must be at least twenty-one (21) years of age to be eligible to sit for the written entry level examination, and WHEREAS, due to a nationwide shortage of applicants for law enforcement careers, the City and the DPOA believe allowing candidates that have not reached their twenty-first (21st) birthday on the date of the written entry level examination is given but will reach that milestone prior to being commissioned as a peace officer by DPD will increase the pool of qualified candidates; and WHEREAS, prior to September 1, 2023, TLGC Sec. 143.023(c) prohibited a person who was forty-five (45) years of age or older from being licensed as a peace officer in a municipality subject to Chapter 143; and WHEREAS, Article 4, Section 4 of the Agreement provides that a candidate is not eligible to sit for the written entry level examination for the DPD if they are more than forty-five (45) years of age; and WHEREAS, Article 4, Section 5 of the Agreement, increased the forty-five (45) year age limit to fifty (50) years of age, provided the candidate meets the established criteria as a currently employed peace officer or has been continuously serving in a branch of the United States military; and WHEREAS, during the Regular Session of the 88th Legislature in 2023, the Legislature passed HB 1661, which repealed Section 143.023(c) eliminating the maximum hiring age for peace officers seeking employment with municipalities subject to TLGC Chapter 143; and WHEREAS, due to a nationwide shortage of applicants for law enforcement careers, the City and the DPOA believe eliminating the maximum hiring ages in Article 4, Sections 4 (45 years of age) and 5 (50 years of age) will increase the pool of qualified law enforcement candidates; and WHEREAS, an Amendment to a Meet and Confer Agreement must be in writing and is subject to the same ratification process under Texas Local Government Code Chapter 142.114 as when the initial Agreement was approved in 2022; and WHEREAS, on September 13, 2024, negotiating teams for the City and the DPOA mutually agreed to a Tentative Agreement amending Article 4 – Hiring – of the 2022-2026 Meet and Confer Agreement in the terms set forth in Exhibit “ A“ attached hereto; and WHEREAS, the DPOA presented the First Amendment Tentative Agreement to its membership by secret ballot election, and a majority of the votes cast at the election favored ratifying that Amendment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS: SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are hereby adopted. SECTION 2. The City Council finds that the recommended hiring age amendments to Article 4 – Hiring – of the 2022-2026 Meet and Confer Agreement between the City and the DPOA as set forth in Exhibit “A“ attached hereto will enhance the DPD’s recruiting efforts, which serves a compelling governmental interest. SECTION 3: The City Council hereby ratifies the First Amendment to Article 4 – Hiring - of the 2022-2026 Meet and Confer Agreement between the City and the DPOA as set forth in Exhibit A” attached hereto. SECTION 4: The City Council authorizes the City Manager to execute the First Amendment to Article 4 of the 2022-2026 Meet and Confer Agreement in the form of Exhibit “A“ attached hereto. SECTION 5: All other provisions of the 2022-2026 Meet and Confer Agreement not expressly amended by this Ordinance remain unchanged and in full force and effect. SECTION 6: This ordinance shall take effect immediately upon its passage and approval. The motion to approve this Ordinance was made by Paul Meltzer and seconded by Brian Beck; this Ordinance was passed and approved by the following vote [ 6 - 0 ]: Page 2 NIe NJaf_Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: X X X X X X Paul Meltzer. District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6:X PASSED AND APPROVED this the 24th day of September, 2024. GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY .* APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY „...#_'z-,,/ ’/ e-–: I Page 3 EXHIBIT "A" Tentative Agreement 9-13-24 ARTICLE 4 HIRING Section 1. The entry-level hiring procedures listed in the Local Rules and Regulations of the Denton Fire Fighters’ and Police Officers' Civil Service Commission ("Local Rules") will be used for hiring entry-level police officers when not in conflict with this Article. The entry-level hiring Minimum Standards listed in the Denton Police Department General Orders will be used for hiring entry-level police officers when not in conflict with this Article or the TLGC. Section 2. Subject to City Council review, approval, and oversight authority, the Civil Service Commission ("Cornmission") or the Civil Service Director acting as the Commission's designee shall maintain authority and jurisdiction over the entry-level hiring process as described in this Article, including issues related to the enforcement, interpretation, or revision of the entry level recruitment and hiring process described in this Article. The Commission shall approve any changes to the classification structure and entry-level hiring procedures in the Local Rules. During this Agreement, the City will first discuss with the Association any changes to be recommended to the Commission relating to entry-level hiring procedures in the Local Rules. For the limited purpose of interpreting this Article, the provisions of Section 143.021 (a) and (b) of the TLGC will apply to the extent such provisions are not modified or superseded by the provisions of this Agreement. Section 3. All entry-level candidates (Candidates) for police officer and lateral law enforcement officers hired under the modified hiring process shall be required to pass the identical steps in the hiring process, unless otherwise stated in this Agreement, including but not limited to the City authorized medical examination (the "physical examination" referenced in LGC 143.022), drug screening, physical fitness evaluation should the City decide to institute ong and psychological examination, to be considered for employment as a police officer. Any candidate who fails to pass the medical exarnination or psychological examination may appeal that result by following the procedures described in the Local Rules, Section 022. (or successor or superseding sections). Section 4. Eligibility to become a police officer will be determined by a candidate’s ability to meet the minimum standards established in the Denton Police Department’s General Orders. Candidates must meet all minimum standards and requirements to be eligible for future licensing by the Texas Commission on Law Enforcement (TCOLE). A candidate who is not 21 years of age at the time the written civil service exarnination is administered will be allowed to sit for the examination provided they meet all minimum standards established in the Denton Police Department General Orders, provided they attend the next regularly scheduled academy class unless granted an exemption under Section 1 ] , provided they turn 21 years of age on or before the day they graduate from the Academy, and provided they meet the minimum standards for future licensing by TCOLE. There is no maximum hiring age for employment with the Denton Police Department. /V€andida+eatus+bee+learsofage and cannot3@+e 45 years+€oge©n+he da+e+f4hoeBtW-+ve++es$+equked+++ha+wdidat&ewqp&a&prwided4RSeedon§. 1 Section 5: A candidate that has not reached their 51’t birthday on the date the mtry level test entry level test, the candidate must: 1. enforcement services) ; 2 sworn police officers will be evaluated on a case by cme basis. 8e&hdhiPSee€ion+b OR date the ontry level test is administered. Section 36: Current, non-sworn employees of the Denton Police Department (detention officers and civilian staff) and Denton firefighters who are interested in becoming a Denton police officer shall be required to meet all minimum standards established by the Denton Police Department General Orders and the requirements to be eligible for future licensing by the Texas Commission on Law Enforcement. A candidate must pass the entry-level test with a passing score established, based on the psychometric characteristics of the test as recommended by the test publisher. Candidates that achieve a passing score on the entry-level test will then receive one (1) point for each year of full service with the Police or Fire Departments, to a maximum of five (5) points, added to their test score. These additional points mor not be added to the test score to achieve a passing score. Section 67. The selection of a candidate to be a police officer shall be based primarily upon the candidate’s suitability to serve as a police officer, as determined by the Chief or the Chiefs designee. All testing and selection procedures shall be designed and intended to identify the most suitable candidates for selection from those who apply and to exclude those candidates who are deemed not likely to possess the characteristics and abilities to be successful in the performance of police work. All candidates that are not hired under the Modified Hiring Process 2 for Reappointed City of Denton Officers as dauibed in Section 17 48 and Lateral Entry Oflicers as desaibed in Section 1849 of this Article shall be required to pass an altry-level tnt intarded and designed to measwe the candidate's suitability and ability to perform police work. A passing score will be established, based on the psychometric charactaistics of the tat as recommended by the test publisha. A candidate may be tated only once for a specific eligibility list. Candidates may be tested at different times and in different locations as long as adequate test security and test monitoring is used to ensure the safety and fairness of the test. Examinations for beginning positions in the police department do not have to be held within the municipality. The same test will be used to test all candidates for a spmiac eligibility list. The City can limit the number of applicants who will be allowed to sit for a particular test. If the number of applicants is limited by the City, the number of applicants who will be allowed to sit for the test may be included in the announcement related to the test. Those who will be allowed to sit for the test will be determined based on minimum standards and by the order in which they submitted their completed applications. Candidates who have been honorably discharged from United States military service must provide proof of an honorable discharge by submitting a DD 214 which shows an honorable discharge at least twenty-four (24) hours prior to the date and time of the entry-level test. Section 78. Candidates with passing test scores will be placed on an eligibility list in the order of their overall eligibility scores (test score plus additional points). The entire eligibility list will be provided to the police department at one time for further processing and all those applicants will be considered to have been '’refened" at that time. New eligibility lists may be created while an active list is being processed. The effective dates of an eligibility list may be set to coincide with the expiration of an existing list, a time period between three (3) and twelve (12) months, until a specific number of candidates for an academy class have been hired or any combination of these. The conditions that will determine when an active list may be closed, other than by the Commission, must be determined prior to the posting of the exam. Candidates may not be hired from an eligibility list that is weated after an existing active eligibility list has been established until the existing list has been exhausted or has expired. An exception to this is that a Reappointed City of Denton O£6oer and Lateral Entry Officer ("LEO") may be processed and hired while an existing eligibility list is in effect. With the approval of the Commission, the Civil Service Director may close an eligibility list and cancel all candidates processing if sumcimt reason, as determined by the Commission, exists to do so. Section 89. The rank order of candidates having the same eligibility score will be determined by the Local Civil Service Rules. Section 949. The final eligibility list may tx certified by the Director of Civil Service. Certification of the final list by the Civil Service Commission is not required. The eligibility list becomes effective on the day it is certified by the Director. Section 10H. The Department will determine those candidates from the final eligibility list who are most suitable to be hired as police officers based on a structured and job-related selection process. The selection process will include testing for physical ability; personal characteristics linked to the performance of essential job functions, decision-making, 3 communication skills, and interpersonal skills. The Department may utilim interview boards, assessment exercises, written tests, electronically administered test, polygraph examinations, backgrotmd reviews, personal references, or other appropriate selection methods to assess candidat® as long as the methods have been reviewed by the Htunur Resources Department and found to be objective and job-related and applied consistently in processing candidates. Pass/fail standards or relative weighting standards may be established for the various selection methods. A candidate must complete uld pus each step in the entry-level hiring process before being allowed to proceed to the next step h dre procas. Any candidate needing a reasonable accommodation in order to complete a step in the process will be afforded an opportunity to request that accommodation. A final review will be conducted by the Chief or the Chiefs designee who will make the fInal determination whether to hire a candidate. Section 1 tH: A qualified candidate on the final eligibility list that is not able to attend the next scheduled academy class due to a medical reason (their own or a family member), or a military obligation, may, at the discretion of the Department Head, be allowed to attend any subsequent academy class provided that: 1) the class begins within one (1) year of the date the deferral is granted; 2) if more than six months have passed before he next class begins, the candidate must successfully pass a new criminal history check, driving record check, medical and psychological examination, drug screen, and polygraph. If the candidate fails any of these requirements, the candidate's name will be permanently removed from the eligibility list. Section 1243: if an academy cadet withdraws due to a medical reason (their own or a family member), or a military obligation, the Department Head may allow the cadet to attend a future academy class without having to complete the entire hiring process agahr, provided that: 1) the class begins within one (1) year of the date the deferral is granted; 2) if more than six months have passed before the next class begins, the candidate must successfully pass a new criminal history check, driving record check, medical and psychological examination, drug screen, and polygraph. If the candidate fails any of these requirements, the cadet's employment will be terminated. Section 1:W: if a cadet suffers a job-related injury/illness, is required to withdraw, and is allowed to attend a future academy class per the terms and conditions set forth in Section 1243, the City may retain that individual temporarily in an alternate position (if one exists – the City is not required to create a position) at the cadet's current salary, provided the cadet can perform the essential functions of the position with or without a reasonable accommodation and consistent with any restrictions imposed by a medical professional. The City retains the right to discontinue this temporary assignment if the individual is not able to perform the essential functions of the job with or without a reasonable accommodation, or if the City at its sole discretion, determines there is a business justification for doing so. If the cadet's temporary assignment is discontinued as provided for in the preceding sentence, the cadet may still be allowed to attend a future academy class in accordance with the criteria established in Section 12 B. 4 Section 144g. All candidates on an eligibility list must be processed and either hired or rejected before candidates lower on the list may be hired. In the event there is a delay in processing one or more candidates that could prevent the Depatment from the timely seating personnel into a prescheduled academy class, the Civil Service Director may, upon written request and appropriate justification by the Chief or the Chiefs designee, allow the candidate(s) to be by-passed and candidate(s) lower on the list, or aam another eligibility list, to be hired. Section 1546. (a) All new hires for police positions, hired Lateral Entry Officer applicants, and reappointed officers will serve a one-year probationary period beginning on the date of commission (or recommissioned) as a Denton police officer (This is inclusive of current police officers commissioned on or before the ratification of this Agreement). 1.In the event that a probationary employee is unable to satisfactorily perform duties or training during the probationary period due to a temporary physical or mental impairment, condition, or temporary on duty injury, the Department ma either terminate the employee or suspend the probationary period (as of the date served) and the person must complete the remainder of their probationary period when the person is capable of proceeding with the essential functions and duties of the job and/or training. The determination of whether to terminate the employee or suspend the probation should be made as part of the interactive process if the ADA is implicated. In the vent that a probationary employee is unable to satisfactorily perform duties or training during the probationary period due to pregnancy, the Department may suspend the probationary period (as of the date served) and the person must complete the remainder of their probationary period when the person is capable of proceeding with the essential functions and duties of the job and/or training. In the event that a probationary employee enters military service, either for their initial training or they are called back to active duty, the Department may suspend the probationary period (as of the date the military sewioe begins) and the person must complete the remainder of their probationary period beginning on the day they return to duty after being released from their military obligation _ This provision does not override or modify any other rights or privileges of the officer independent of Chapter 143 of the TLGC. During the probationary period, a probationary employee may be disciplined or terminated without civil service appeal rights. Upon completion of the probationary period, the employee will have full civil service protection, except as modified or abridged by this Agreement. 2. 3. 4. Section 16+7: Except as noted in Sections 1 748 and 18 +9, seniority for the purpose of asserting a Departmental seniority preference shall be determined as follows: 1) the date of commission as a Denton Police Officer; 2) if the commission dates are the same for two or more OfTicers, the Officer’s relative final academic ranking in their Basic Training Academy Class is the same for two or more Officers, their score on the certified written civil service entrance examination (excluding military points). 5 Section 1748. Modified Hiring Process for Reappointed City of Denton Officers & The Chief may nappoint former City of Denton OfTicers in accordance with the Rules and Regulations (Local Rules) of the City of Denton Firefighters’ and Police Officers' Civil Service (or any successor or superseding provisions), beginning with the provisions of .0251 in Chapter B. All former City of Denton Officers who are reappointed pursuant to this Article will be reappointed at the rank of Police Officer. b. Beginning compensation for Officers who are reappointed twelve months or more after their last day of work as an Officer for the City, will be the respective salary step in the Civil Service Police Pay Plan that corresponds with the reappointed Officer’s years of service with the City plus any additional years police service with one or more Comparable Law Enforcement Agencies, that corresponds with the officer's total years of experience not to exceed 7 years total combined police service. The pay rate for reappointed Denton Officer with 7 or more years of experience will be compensated at the salary step for a Denton Police Officer with seven (7) years of service. All benefits, including leave accruals and longevity pay for these Officers will be based on their date ofreemployment to the City. c. Beginning compensation for Officers who are reappointed less than twelve months after their last day of work as an Officer for the City will be that of a Police Officer, at the step in the City of Denton Civil Service Police Pay Plan, based on the reappointed Officer’s years of service with the City before their voluntary resignation, rounded down to the nearest year. For example, an Officer who, at the time they voluntarily resigned their employment with the City, was at the rank of Sergeant with 7 years and six months of service, who is reappointed eight months after their resignation, would be reappointed at the rank of Police Officer, and their beginning compensation would be at the step for a Police Officer with 7 years of service. All benefits (excluding longevity pay} including leave accruals and seniority for Departmental purposes, will be based on their date of reemployment to the City. For longevity pay purposes, all cumulative time working for the Denton Police Department as a sworn employee shall count towards longevity pay. d. The Chief may adopt a written policy on commissioning and training requirements of reappointed officers. Section IW. Modified Hiring Process for Lateral Entry Officers (’'LEOs") The purpose of adopting a modified hiring process for "LEOs is intended to enhance the department's ability to replace police officer vacancies in a timely fashion and to promote maximum police personnel stafEng whenever possible, however, is not intended to abolish the historic hiring process for DPD. The Parties agree that the process offilling entry level positions in the department with untrained recruits will continue and the department will continue to provide Police Academy Training for those hired recruits as has been the past practices of the department. The Chief shall attempt to maintain a balanced approach in hiring new recruits and experienced officer onto the department but shall maintain sole discretion to act in the interest of the department. 6 The Chief shall establish requirements for applicants for lateral hiring from other comparable law enforcement agencies. The requirements need not be the same as those established by Chapter 143 or those applicable to applicants for the position of recruit in the regular training academy. The requirements may be modified by the Chief, but shall include at least the following: a.At the time of application, each LEO applicant must: 1.be actively employed as a full-time paid police officer with a municipal, county or state law enforcement agency or Honorably Discharged from a full-time paid police officer position with such an agency within the previous 24 months, provided that the applicant currently holds an active Texas Peace Officer License, and: (a) the applicant has a total of 3 years of active service for one or more municipal, county, or state law enforcement agencies that has at least 50 sworn police officers and handles a full array of urban police work (i.e., respond to all types of calls for law enforcement services); (b) LEO applicants who work or worked for an agency that has fewer than 50 sworn police officers will be evaluated on a case-by-case basis. 2. Except as provided for in Section B & no less than 21 years old and have not reached their 4 5th birthday at the time they apply to be hired as a LEO; and 3. have obtained a high school diploma or have a GED and obtained thirty (30) hours college credit or have a GED and 2 years active Military Duty with an Honorable Discharge and have graduated from an accredited Police Academy. b. The Chief, or designee, at his or her sole discretion can deny the application of any LEO applicant. The Chief will take the necessary steps for all applicants to make sure that they accomplish the required hours and learn the necessary curriculum to receive a Texas Peace Officer License by TCOLE, prior to graduation from the Modified Training Academy . c. The Chief shall establish the selection criteria and procedures for the Modified Hiring Process consistent with this Agreement. Applicants who meet the selection criteria and procedures may be hired without being placed on an eligibility list. d, Upon commissioning with the City of Denton, the LEO applicant will be placai in a position senior to those applicants in the Department’s regular Training Academy or another Police Academy selected by the department to train newly employed recruits who have not been commissioned. 1. Officers hired through the Modified Lateral Hiring Process who are commissioned on the same day as an Officer hired under the normal hiring process shall have a seniority 7 preference for Departmental purposes. In addition, should the same two Officers take a promotional examination and if their final ranking is the same after all tiebreakers set forth in Local Rule .033(B) are applied, the Officer hirai through the Modified Lateral Hiring Process shall be considered senior and shall be placed on the final eligibility list ahead of the other candidate. e. The Chief shall establish the training requirements for a Modified Training Academy for LEOs. All applicants hired through the Modified Hiring Process must successfully complete the Modified Training Academy. The Chief may determine that an applicant for a LEO class should complete additional training, as required by the Chief, up to and including the full training academy curriculum. LEO trainees will be paid in accordance with section 189(h) below during their training, except in the circumstance that the Chief determines that an LEO applicant will be required to complete the full training academy curriculum, in which case the LEO applicant shall not be given consideration of prior police service and the Chief of Police, at the Chiefs sole discretion will determine the level of pay from the 3 Recruit Pay Steps available from Pay Grade HA09 of the City of Denton Civil Service Police Pay Plan. f Each applicant will be assignedto a Field Training Officer (FTO) for a minimum of 12 weeks, unless an exception is granted based on a recommendation of the FTO, the Operations Division Commander and approved by the Chief or designee. g. Regardless of any rank or position the officer previously held in another law enforcement agency, an applicant who successfully completes the Modified Training Academy will be placed in the civil service classification of Police Officer and will become a full-fledged civil service employee with full civil service protection, upon successfully completing probation. h. Lateral hires with law enforcement experience will be compensated at a step rate of pay within the City of Denton Civil Service Police Pay Plan that corresponds with the officer's years of previous experience, up to the salary level of a Denton Officer with five (5) years of service on the Department. The pay rate for lateral hirw with 6 or more years of experience will be compensated at the salary level no higher than that of a Denton Officer with five (5) years of service on the Department i . Seniority for the purpose of asserting a seniority preference shall be determined as follows: 1) the date of commission as a Denton Police Officer; 2) if the commission dates are the same for two or more Officers, the Officers' relative final academic ranking in their Field Training Academy class (the Field Training Academy is for Lateral Entry Officers); 3) if the relative final position in their Field Training Academy Class is the same for two or more Officers the date of the letter from the City extending the job offer to the Officer. Regardless of the pay rate established for each Modified Training Academy Officer, seniority related to promotional eligibility, shift bidding, or other privileges of employment shall begin when the officer successfully completes the Modified Training Academy and is commissioned with the Denton Police Department. Longevity pay will be calculated as of the date of employment with the City. 8 Section 1920. Prior LEO Service of a Police Officer Hired in the Previous 48 Months Officers with prior law enforcement experience, and meeting the qualifications outlined in Section 1849, who were hired within the previous 48 months of the approval of this Meet and Confer Agreement, shall be compensated at a pay step commensurate with their total years of qualified police service, up to the salary level of Denton Police Officer with five (5) years’ service. Section 2 02+. Preernption In accordance with the provision in TLGC Section 142.059, the Parties expressly agree that this Article shall preempt and supersede any inconsistent provisions contained in TLGC Chapter 143, including but not limited to Section 143.021 through 143.027, and Section 143.033 and143.036. The parties further expressly agree that this Article preempts any inconsistent provision in the Rules and Regulations (Local Rules) of the City of the City of Denton Firefighters' and Police Officers' Civil Service Commission. AGREED FOR THE DPOA:FOR THE CITy OF DENTON: zu--L SARA HENSLEY SATISIGNED DATE SIG