2012-151s:\legallour documentslordinances1121police meet & confer lst amendment.doc
ORDINANCE NO. 2O 12- i s l
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A FIRST
AMENDMENT TO THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON POLICE OFFICERS ASSOCIATION AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") lawfully approved a Meet and Confer
Agreement ("Base Agreement") between the City and the Denton Police Officers Association
("Association") on September 22, 2009; and
WHEREAS, said Base Agreement has the effective dates of October l, 2009, through
September 30, 2012; and
WHEREAS, under the terms of the Base Agreement, the Base Agreement may be
amended by mutual written amendment; and
WHEREAS, the City and the Association have mutually agreed in writing through a
document entitled "First Amendment to Meet and Confer Agreement" to amend and extend the
Base Agreement for Fiscal Years 2012-2013 and 2013-2014 with the option to terminate the
Base Agreement by mutual agreement prior to commencement of Fiscal Year 2013-2014; and
WHEREAS, the City and the Association have mutually agreed in the First Amendment
to Meet and Confer Agreement to amend Article 7, Section 3(A) pertaining to compensation
calculations for Police Officer/Recruit, Sergeant, Lieutenant, and Captain; and
WHEREAS, the City and the Association have mutually agreed in the First Amendment
to Meet and Confer Agreement to amend Article 7, Section 4 pertaining to funding obligations;
and
WHEREAS, the City and the Association have mutually agreed in the First Amendment
to Meet and Confer Agreement to amend Article 9, Section 3 regarding Assignment Pay; and
WHEREAS, the City finds that is in the best interest of the citizenry to accept the First
Amendment to Meet and Confer Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Amendment to the Meet and Confer Agreement is approved
hereby and the City Manager, or his designee, is hereby authorized to execute a First
Amendment to the Meet and Confer Agreement between the City and the Denton Police Officers
Association in substantially the same form and content of the First Amendment to the agreement
attached hereto and made a part of this ordinance for all purposes.
SECTION 2. This ordinance shall be effective immediately upon its passage and
approval.
s:llegal\our documentslordinances112\police meet & confer lst amendment.doc
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PASSED AND APPROVED this the � day of , 2012.
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MARK A. BU OUG S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
FIRST AMENDMENT TO
MEET AND CONFER AGREEMENT
THIS FIRST AMENDMENT TO THE MEET AND CONFER AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON POLICE OFFICERS ASSOCIATION
effective the 1 st day of October, 2009, ("Base Agreement") by and between The Denton Police
Officers Association ("DPOA") and the City of Denton, Texas, a Texas Municipal Corporation,
215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City" and the DPOA and
the City collectively referred to as the "Parties."
RECITALS
SECTION 1. Whereas the Parties entered a Meet and Confer Agreement effective October 1,
2009 referred to as the "Base Agreement" which continues in effect and continues to reflect the
intent and desire of Parties;
SECTION 2. Whereas the Base Agreement will expire September 30, 2012, and the Parties
desire to extend the Base Agreement by amending Article 12 in the Base Agreement to provide
for an additional two (2) years for Fiscal Years 2012-2013 and 2013-2014 with the option to
terminate the Base Agreement by mutual agreement prior to the commencement of Fiscal Year
2013-2014;
SECTION 3. Whereas the Parties intend to update Articles 7 and 9 as part of their Amendment;
SECTION 4. Whereas Article 13 Section 1 of the Base Agreement provides for amendment by
written mutual agreement and the Parties mutually intend to amend and hereby mutually agree to
amend the Base Agreement as follows:
TERMS of AGREEMENT
SECTION 1. Amendment Continuing Contract.
Article 12 TERM OF AGREEMENT, of the Base Agreement is hereby amended to read as
follows:
ARTICLE 12 TERM OF AGREEMENT
This Agreement shall have an effective date of October 1, 2009, and shall remain in full
force and effect through September 30, 2014. The Parties hereby extend all the
remaining sections, paragraphs, sentences, clauses, and phrases of the Base Agreement
and shall remain in full force and effect except those more specifically amended below.
However, this Agreement may be reviewed by the Parties and may be terminated by
mutual agreement of the Parties as of September 30, 2013. If the DPOA or City intends
to exercise the option to terminate by mutual agreement, it must notify the other Party in
writing by May 31, 2013, of its request to terminate.
SECTION 2. Amendment To Article 7 Sections 3(a) and 4 To Extend Compensation
Provisions.
ARTICLE 7 Section 3(a) and Section 4 of the Base Agreement are hereby amended to read as
follows:
Section 3(a). The compensation for Police Officer/Recruit, Sergeant, Lieutenant and
Captain shall be proposed on the basis of the following calculations:
The recommended monthly base pay scale shall be calculated by the salary survey
conducted in May 2012, and 2013, utilizing the average minimum base salary and the
average maximum base salary for each rank of the twelve (12) comparatar cities as
specified in this contract, plus five percent (5%). The recommendation will propose that
the minimum and maximum base pay for each rank will receive an increase (should an
increase be required) to match the survey average plus five percent (5%). The steps
between the minimum and maximum steps will be recalculated to maintain equal
separation between any new minimum and maximum steps.
Section 4. Funding Obligations
Depending upon the financial forecasts, the City may implement the compensation
recommendations in section 3 between the first pay period of October and the first pay
period of April of each fiscal year. The City presently intends to continue this Agreement
each fiscal year through its term, to pay all payments due, and to fully and promptly
perform the obligations of the City under this Agreement.
All obligations of the City sha11 be paid only out of current revenues or any other funds
lawfully available for those obligations, including tax revenues reasonably anticipated at
equal or higher total gross amounts as were collected in fiscal year 2011-2012, and
appropriate for such purpose by the City Council, in compliance with the Texas
Constitution, Article XI, Sections 5 and 7.
Following the adoption of the annual budget that may establish a pay increase, should the
City Council find it fiscally necessary to reduce base pay for non-civil service City
employees, or implement other cost saving measures such as mandatory furloughs or a
reduction-in-force, the increase recommended under this Article shall be reduced.
SECTION 3. Amendment To Section 3 of Article 9 Assignment Pay.
ARTICLE 9 Section 3 of the Base Agreement is hereby amended to read as follows:
Section 3. Investigative Services Bureau, Traffic Enforcement Unit, Administrative
Services, Canine Officers, and Hostage Negotiators.
Each Officer on a callout list approved by the Department head who is assigned to the
Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services,
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Canine Officers, and Hostage Negotiators shall continue to be granted pay for Fiscal Year
2012-2013 and Fiscal Year 2013-2014 at $100 per month.
The foregoing instiument has been duly negotiated, reviewed and approved by each of the
signatories indicated below:
THE DENTON POLICE OFFICERS ASSOCIATION
(Ratified by the DPOA Membership on �� of .� �� , 2012)
:
:
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, DENTON OL CE OFFICERS ASSOCIATION
CITY OF DENTON, TEXAS
(Approved by Denton City Council on � of 2012)
- ,�
BY: �'
GEO GE C. CAMPBELL
- CITY MANAGER
BY: �
J IF WALTERS
Y SE TARY
BY:
LEE HO LL
CHIEF OF POLICE
APPROVED AS TO LEGAL FORM:
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BY: % i `
,- NITA BURGESS
CITY ATTORNEY
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Dated: 7 I 7 � 2•
Dated: �1 � `1