2013-015Z:10rdinances\1315ewnd Amendment to Fire MC Contract.doc
ORDINANCE NO. 2� 13-� 15
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SECOND
AMENDMENT TO THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 1291 AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 7, 2012, the City Council passed Ordinance No. 2012-157,
adopting and approving a First Amendment to the Meet and Confer Agreement Between the City
of Denton and the Denton Fire Fighters Association, IAFF 1291; and
WHEREAS, since the passage of Ordinance No. 2012-157, the Fire Department has
determined that this ordinance needs to be amended to replace the Assistant Fire Marshal
position with the Deputy Fire Marshal position; set base salary, assignment pay and pay steps for
the Deputy Fire Marshal position; and provide for pay steps for the position of Fire Recruitment
management Analyst all effective February 16, 2013; and
WHEREAS, the City and the Association have mutually agreed in writing through a
document entitled "Second Amendment to Meet and Confer Agreement" to amend Article 2 of
the Base Agreement as part of this Second Amendment to eliminate requiring a vacancy to occur
in the position of Assistant Fire Marshal to trigger its elimination and replacement with the new
position of Deputy Fire Marshal effective February 16, 2013; and
WHEREAS, the parties intend to amend the Base Agreement to provide that the base
salary for the new position of Deputy Fire Marshal shall be equal to the base salary of a Battalion
Chief, shall receive assignment pay, and shall be eligible for step pay effective February 16,
2013; and
WHEREAS, the parties agree that the salary of Fire Recruitment Management Analyst
will continue to be at the Fire Captain rank but agree it will not be restricted to the first step only
in the pay plan, but the current incumbent will be placed in Step 2 effective February 16, 2013,
and will be allowed to proceed through the step pay plan equivalent to a the Fire Captain with the
accumulation of time in rank for the Fire Recruitment Management Analyst position
commencing Apri12006 for this position only; and
WHEREAS, the City Council finds that is in the best interest of the citizenry to accept
the Second Amendment to Meet and Confer Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Second Amendment to the Meet and Confer Agreement is approved
hereby and the City Manager, or his designee, is hereby authorized to execute a Second
Amendment to the Meet and Confer Agreement between the City and the Denton Fire Fighters
Association, IAFF Local 1291 to be effective February 16, 2013, in substantially the same form
and content of the Second Amendment to the agreement attached hereto and made a part of this
ordinance for all purposes.
Page 1
Z\Ordinances\1315econd Amendment ro Fire MC Convac[.doc
SECTION 2. This ordinance shall be effective immediately upon its passage and
approval.
PASSED AND APPROVED this the rf�? day of ���i�'�c%��,�; , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
f
BY: j � ,r
Page 2
MARK A; B�I�OUGI�S, MAYOR
SECOND AMENDMENT TO
MEET AND CONFER AGREEMENT
THIS SECOND AMENDMENT TO THE MEET AND CONFER AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON FIRE FIGHTERS ASSOCIATION,
IAFF Local 1291 effective the 1 st day of October, 2009, (`Base Agreement") by and between
The Denton Fire Fighters Association, IAFF Local 1291 and the City of Denton, Texas, a Texas
Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as
"City" and the "Association" and the City and the Association collectively referred to as the
"Parties."
RECITALS
Whereas, the Parties entered a Meet and Confer Agreement effective October 1, 2009
referred to as the `Base Agreement" which currently remains in effect and continues to reflect
the intent and desire of Parties; and
Whereas, the Base Agreement was set to expire September 30, 2012, but the Parties
Amended the Meet and Confer Agreement effective August 7, 2012, amending Article 14 and
Article 9 which continues the Base Agreement in effect and continues to reflect the intent and
desire of the Parties; and
Whereas, Article 15, Section 1 of the Base Agreement provides for amendment; and
Whereas, the Parties intend to amend Article 2 of the Base Agreement as part of this
Second Amendment to eliminate requiring a vacancy to occur in the position of Assistant Fire
Marshal to trigger its elimination and replacement with the new position of Deputy Fire Marshal;
and
Whereas, the Parties intend to amend the Base Agreement to provide that the base salary
for the new position of Deputy Fire Marshal will be equal to the base salary of a Battalion Chief,
and shall be equivalent in eligibility for step increases; and
Whereas, the Parties agree that the salary of Fire Recruitment Management Analyst will
continue to be at the Fire Captain rank but agree it will not be restricted to the first step only in
the pay plan. The Parties further agree the current incumbent will be placed in Step 2 as of
February 16, 2013, and will be allowed to proceed through the step pay plan equivalent to a the
Fire Captain with the accumulation of time in rank for the incumbent commencing April 2006
for this position only; and
Whereas, the Parties agree the amendment will become effective the first day of the pay
period following approval of this agreement by the City Council on February 16, 2013; and
Whereas, the Parties mutually intend to amend and hereby mutually agree to amend the
Base Agreement as follows:
TERMS of AGREEMENT
SECTION 1. Amendment eliminating requirement that a vacancy occur to trigger the
elimination of the position of Assistant Fire Marshal and create the position of Deputy Fire
Marshal.
Article 2 titled "TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED
POSITIONS" of the Base Agreement is hereby amended in Section 3(D) to read as follows:
Section 3. New Fire Prevention Division Titles and Ranks.
(D) Assistant Fire Marshal Position Replaced by Deputy Fire Marshal
Position.
(1) Classification. Pursuant to the 2006-2009 Agreement, the Assistant
Fire Marshal was classified in place. This classification is now hereby eliminated
and replaced with the classification of Deputy Fire Marshal. The Deputy Fire
Marshal position will be filled by the Department head according to section 3 F(1)
of Article 2. The Parties agree there is no entitlement to filling the position of
Assistant Fire Marshal as it is now eliminated and that no violations exist under
law or under the Base Agreement and none will be asserted.
(2) Sase Salary for Deputy Fire Marshal. The base salary for Deputy
Fire Marshal sha11 be equivalent to the Battalion Chief's base salary and shall be
equivalent in eligibility for step increases.
(3) Assignment Pay. The Deputy Fire Marshal shall receive $600 per
month assignment pay.
SECTION 2. Amendment removing limitation on Fire Recruitment Management Analyst
Step Plan.
Article 2 titled "TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED
POSITIONS" of the Base Agreement is hereby amended in Section 4(B) to read as follows:
Section 4. Fire Recruitment Management Analyst.
(B) Base Salary for Fire Recruitment Management Analyst. The base salary
for Fire Recruitment Management Analyst shall be calculated to be equivalent to
the rank of Fire Captain and shall commence at the first step and proceed through
the pay steps. The current incumbent only shall be placed in the step plan at step
2 as of February 16, 2013, and is eligible to proceed through the step plan with the
accumulation of time in rank for the incumbent commencing April 2006 for this
position only.
2
The foregoing instrument has been duly negotiated, reviewed and approved by each of the
signatories indicated below:
THE DENTON FIRE FIGHTERS ASSOCIATION�. Ij� FF Local 1291
(Ratified by the DFFA Membership on � t',C,hYc..�w , 2013)
_ ,� �� n
:
I�
PRESID
OCIATION
SECRETARY, DENTON FIRE FIGHTERS ASSOCIATION
CITY OF DENTON, TEXAS ^
(Approved by Denton City Council on S of -� 1�� 013)
By: Dated: / Z
GEORGE C. CAMPBELL
CITY MANAGER
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BY:
ROSS CHADWICK
FIRE CHIEF
APPROV � AS TO LEGAL FORM:
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BY: � �l I � a � (,�,c � � �
ANITA BURGESS
CITY ATTORNEY
Dated: 02 ��