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2015-243ORDINANCE NO. 2015-243 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON POLICE OFFICERS ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Meet and Confer Agreement between the City and the Denton Police Officers Association in substantially the form of the agreement attached hereto and made a part of this ordinance for all purposes (the "Agreement"). SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the C� day of µ�mmm_ , __, _y, 2015. n,�� '�� ''� �� ...�.M�.,.__�_......_ .a �"�-� � � '�'°"i�TTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : � i► I . � � �. � "" �' �`�� ;�� "�w BY: �~ � ��..�� ° �„ "`�,��-� �� . .�._ �..w._�...� . . Meet and Confer Agreement Between The City of Denton and Denton Police Officers Association Fiscal Years 2015-2016; 2016-2017; 2017-2018; and 2018-2019 TABLE OF CONTENTS DEFINITIONS............ .................. ......... ......... ............�..... .......,.,..,................. ..................2 ARTTCLE 1 AUTHORITY AND RECOGNITION ........ ......... ......... ....... ..��,., ��....�, ,...„„., 3 ARTICLE2 HIRING,. ��.,. ,.��..��.,a..� ..�� ... ..... .... ......... .................... ............. ........�,. ,,, ..,.,.... � ARTICLE 3 PROMOTION ...............................��,. ,�,.., .,,.. .....,, ......... .................. .....,............ 7 ARTICLE 4 APPOINTMENT OF PERSONNEL ......... .....�.. ....,,... ,........ ....,.... .............. 11 ARTICLE 5 DISCIPLINE ..... ......... ... ........ .. ...�. ..�,, .,.�,.. ....,.. , ..,.... ......... ......... .............,.. 12 ARTTCLE 6 CHANGE IN SHIFT ASSIGNMENT ............................,.,...,.,.�,,.....,.,..,,......�...,...�. 13 ARTICLE 7 COMPENSATTON ...... ......... .....�,.. .,�,,,.,. .,...,.,. ..,........................,.. .......,...,.... 14 ARTICLE 8 COURT TIME AND CALL BACK . ......... ........ ...... .,...,,.,....,..,...„............... 16 ARTTCLE 9 ASSIGNMENTPAY AND SPECIALTY PAYS .....................�.,,,,.,,.,....,.„��..,..... 17 ARTICLE 10 SAFET'Y AND HEALTH�,.. ,�,..,�� ,�..�,.,. ,�.� ..... ........�.........., ......,.. ...........,.... 20 ARTICLE 11 CIVIL SERVICE COMMISSION,.....,...,.......,...... ...............................................v 22 ARTICLE 12 LABOR/MANAGEMENT RELATIONS ........................�,..............................,,.., 23 ARTICLE 13 CONTRACTINTERPRETATION DISPUTERESOLUTION PROCEDURE...24 ARTICLE 14 TERM OF AGREEMENT ......................».,...„.....�.....................................,.....,...... 28 ARTICLE 15 SAVINGS CLAUSE AND PREEMPTTON PROVISION .................................... 29 EXHIBIT A PANEL OF ARBITRATORS ........... .............................. ......... ......... .��...,.,,..,., 31 1 DEFINITIONS 1. "Ageement" means the Meet and Confer Ageement entered between the Denton Police Officers Association and the City of Denton. 2. "Association" means the Denton Police Officers Association, its elected leaders and its collective membership. 3, "City" means the City of Denton, its mayor, city council members, city manager, police chief and those persons designated by the City of Denton to manage the city and its police department. 4. The term "commission" means the Denton Fire Fighters' and Police Officers' Civil Service Commission. 5. The term "days" refers to calendar days unless otherwise specified. 6, The term "Department" means the Denton Police Department. 7. The term "Department head" means the Chief of the Denton Police Deparhnent, designee, or an acting Chief of the Denton Police Department. 8. The term "director" means the director of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 9. The term "Local Rule" means the Local Rules and Regulations of the Denton Fire Fighters' and Police OfT'icers' Civil Service Commission. 10. The term "OfTicer" means a member of the Denton Police Department who was appointed in substantial compliance with Chapter 143 of the Te�s Local Government Code who is entitled to civil service status under section 143.005 of the Texas Local Government Code. 11. "Parties" means the City ofDenton and the Denton Police Of�'icers Association. 2 ARTICLE 1 AUTHORITY AND RECOGNITION The City of Denton recognizes the Denton Police Ofiicers Association as the sole and exclusive bargaining agent for the covered Police Department police o�icers descrbed in the petition for recognition, excluding the head of the law enforcement agency and excluding the employees exempt under subsection (b) of section 142.058 of the Te�s Local Government Code, in accordance with subchapter B of Chapter 142 of the Texas Local Government Code and the petition. It is intended to include all permanent paid employees of the Police Depattment who have been hired in substantial compliance with provisions of Chapter 143 of the Te�s Local Government Code but does not include civilians or other employees. It is not intended to deny local control by the City except as provided by this Ageement under section 142.059 of the Te�cas Local Government Code. In consideration of this authority, the Denton Police Of�'icers Association agrees to act impartially and without discrimination on behalf of all affected police o$'icers, irrespective of their membership status in the Denton Police Off'icers Association. 3 ARTICLE 2 HIRING Section 1. Department List In this Article 'Deparhnent List" shall mean the list of applicants who made a passing gade on the written e�mination ranked from highest to lowest including any applicable military points, and tiebreakers applied to a passing grade, and shall not mean the eligibility list from which an applicant may be appointed. Section 2. Application of Certifications a. From the Deparhnent List, the Department head or designee shall identify the persons with a score of 90-105 and identify those persons as Group A. Within Group A, the Deparhnent head or designee shall identify the persons holding a Te�s Peace Off'icer Certification in the following rank order highest to lower: Master Peace Officer Certificate, Advanced Peace Officer Certificate, Intermediate Peace Ofi'icer Certificate and Basic Peace Oflicer Certificate above those without a Texas Peace Oflicer Certification within Group A on the Deparhnent List. b. From the Deparhnent List, the Department head or designee shall identify the persons with a score of 80-89 and identify those persons as Group B. Within Group B, the Department head or designee shall identify the persons with a Texas Peace O�'icer Certification and rank those persons according to the level of their Texas Peace Officer Certification m the following rank order highest to lowest: Master Peace Ofi'icer Certificate, Advanced Peace Oflicer Certificate, Intermediate Peace Ofi'icer Certificate and Basic Peace Of�cer Certificate above those without a Texas Peace Officer Certification within Group B on the Department List. c. From the Department List, the Department head or designee shall identify the persons with a score of 70-79 and identify those persons as Group C. Within Group C, the Department head or designee shall identify the persons with a Texas Peace O�cer Certification and rank those persons according to the level of their Texas Peace Officer Certification in the following rank order highest to lowest: Master Peace Officer Certificate, Advanced Peace Of�icer Certificate, Intermediate Peace OfTicer Certificate and Basic Peace Ofi'icer Certificate above those without a Texas Peace Oflicer Certification within Group C on the Department List. d. Once the Depattment head or designee completes the ranking according the certification under his section, the list will be referred to as the "certification list" and will be forwarded to the commission. The director shall certify the list, making it the "eligibility list," and shall provide to the municipality's Department head, or designee, the names of the persons on the eligibility list. Section 3. Selection for Beginning Positions a. From those persons holding a Te�cas Peace Officer Certification ranked within Group A, the Depat�,ment head shall appoint the person highest on the eligbility list if that person has otherwise satisfied all of the requirements for elig�bility for a beginning position in the Police � Department unless passed over under section 143.026 of the Te�s Local Government Code. The Department head or designee shall process in descending order the remainder of persons holding a Texas Peace Oflicer Certification for any additional beginning positions to be filled. b. Once the remainder of the persons holding a Texas Peace O�icer Certification in Group A is e�austed, the remainder of the persons in Group A shall be processed if there are additional beginning positions to be filled. The remainder of persons m Group A that do not hold a Te�s Peace Officer Certification will be processed in descending order based upon their rank on the eligibility list. c. If there are additional beginning positions to be filled after steps a and b are completed above, from those persons holding a Te�s Peace Of�icer Certification ranked with Group B, the Department head shall appoint the person highest on the eligibility list if that person has otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Department unless passed over under section 143.026 of the Te�s Local Government Code. The Deparhnent head or designee shall process in descending order the remainder of persons holding a Texas Peace Oflicer Certification for any additional beginning positions to be filled. d. Once the remainder of the persons holding a Te�s Peace Oflicer Certification in Group B is e�austed, the remainder of the persons in Group B shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group B that do not hold a Te�s Peace Oflicer Certification will be processed in descending order based upon their rank on the eligbility list. e. If there are additional beginning positions to be filled after steps c and d are completed above, from those persons holding a Te�cas Peace O�icer Certification ranked within Group C, the Deparhnent head shall appoint the person highest on the list if that person has otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Deparhnent unless passed over under section 143.026 of the Te�s Local Government Code. The Deparhnent head or designee shall process in descending order the remainder of persons holding a Texas Peace officer Certification for any additional beginning positions to be filled. f. Once the remainder of the persons holding a Texas Peace Officer Certification in Group C is e�austed, the remainder of the persons in Group C shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group C that do not hold a Texas Peace OfTicer Certification will be processed in descending order based upon their rank on the eligibility list. Section 4. Commission Rules and Statutoiy Override a. The commission shall adopt Local Rules in accordance with this article. b. Sections 1, 2 and 3 of this article shall supercede section 143.025 of the Texas Local Government Code to allow for the creation of the eligibility list to be based upon Te�cas Peace Oflicer Certifications after passing the written examination in accordance with this article, and section 143.026 to provide for appointment and notification of a pass-over by the Deparhnent head using the process outlined in Sections 1, 2 and 3 ofthis article. � Section 5. Probationa►y Period A person appointed to a beginning position in the Police Department must serve a probationary period of 18 months beginning on that person's date of employment as a police o$'icer, or academy tramee. This section of the article shall supercede Sections 143.027(a) and 143.027(b) of the Local Government Code. Section 6. Reappointment after Resignation The commission shall adopt Local Rules to allow an Ofi'icer who voluntarily resigns from the Department and meets the eligi'bility requirements for a vacant position to be reappointed to the Departrnent at the sole discretion of the Department head. For purposes of this section, the age eligibility requirement provided for in section 143.023(c) shall not apply. This section of the article shall supercede Sections143.023(c) of the Local Government Code. � ARTICLE 3 PROMOTION Section 1. Promotions to Sergeant Rank a. Time In Rank Pre-Requisite. An Officer is not eligible for promotion to Sergeant rank unless the Officer has served in the Department in the next lower rank for at least three years 'vnmediately before the examination date. This section supercedes section 143.031 of the Texas Local Government Code to increase the requisite time of service to a three year pre-requisite in the ne�ct bwer rank before taking the Sergeant promotional e�camination. b. Limited Sco of A al. Appeals to the commission under section 143.034 of the Te�s Local Government Code shall be limited to quoted source material attrbutable to the referenced e�camination question. This section supercedes section 143.034(a) to limit appeals only to the written examination and limit the written examination scope of appeal to only quoted source material attrbutable to the referenced e�camination question. Section 2. Promotions to Lieutenant Rank a. Intent. In adopting this article, the Parties agee to implement a promotional system for Lieutenant rank using a Research Project in addition to the written e�mination. The Parties believe the addition of the Research Project will improve the selection process and provide promotional candidates a fair opportunity to display skills and abilities that serve as additional good indicators that they will perform well in the position of Lieutenant. b. Ado tion and Publication of Rules. The commission shall adopt Local Rules in accordance with this article. c. Lieutenant Promotional Process To Include Research Project. 1. Written Examination (100 points possible) A maximum of 100 points of the promotional candidate's score will be based on the muhiple choice score ofthe written e�mination. 2. Application of Seniority Points (10 points possible) Each promotional candidate is entitled to receive one point for each year of seniority as a classified police of�cer in the Department, with a maximum of 10 points. 3. Review and Appeal of Written Examination On request, each promotional candidate is entitled to e�mine his/her own promotional examination and answers, the examination grading, and the source material for the e�camination. If dissatisfied, the candidate may appeal, within five business days, to the commission for review in accordance with 143.034 Local Government Code. Appeals to the commission under section 143.034 of the Texas 7 Local Government Code shall be limited to only quoted source material attributable to the referenced examination question. 4. Continuation in Promotional Process Applicable seniority points will be added to each promotional candidate's raw score on the written examination for a cumulative test score (maximum 110 points). Each promotional candidate with a cumulative test score of 70 points or higher is considered to have passed the written examination and is eligible to continue in the promotional process. 5. Promotional Test Proctor The Promotional Test Proctor will be the Lieutenant assigned to the Deparhnent's Office of Professional Standards, or another Lieutenant as appointed by the Deparhnent head. 6. Candidates' Selection of Assessor Panel All eligble promotional candidates, as determined 'm subsection 4, will meet with the Promotional Test Proctor and review a list of available assessors. The candidates, by majority vote, will select the assessor panel that will consist of the following: a. Two (2) members of the Police Department Executive StafF, b. Two (2) Police Department Lieutenants; c. Two (2) members of the Denton Police O$'icer's Association Board; and d. Two (2) City of Denton Senior Department Supervisors. T'he Department head will sit on the assessor panel and participate in the gading process for tiebreaker purposes. 7. Selection of Research Project Topic Prior to the administration of the written test, the Deparhnent Executive Staff will compile at least 3 research topics involving law enforcement and/or community issues. At the conclusion of the assessor panel selection, the Promotional Test Proctor will draw a topic at random from the available list of research topics. The drawn topic will be used by all promotional candidates for the Research Project defined to include both the written exercise and oral presentation. 8. Written Exercise (55 points possible) Each promotional candidate will research and prepare a written report on the research topic, including background 'mformation, current trends, identified issues, recommended course(s) of action, and the financial impact of any issues and/or recommendations. The written report will be submitted using a format provided to each candidate by the Deparhnent. The written exercise will be due no later than 5:00 pm on the l Oth business day after the selection of the assessor panel. 9. Oral Presentation (55 points possible) Each promotional candidate, by random draw order, will make an oral presentation of their written report to the assessor panel. The presentation will be 1'united to 20 minutes, with an untimed question/answer session at the conclusion of the 8 presentation. The presentation can include, but does not require, the use of appropriate audio/visual aids. Presentations will be scheduled beginning the 1 Sth business day after the selection of the assessor panel. The presentation schedule will be established at the meeting when the research topic is drawn. 10. Grading Matrix The written exercise and the oral presentation will be graded using a standard gading matr� recommended by a jo�t Labor Management Committee consisting of two (2) representatives appointed by the Deparhnent head and two (2) representatives appointed by the DPOA Board to the Department head. The gading matrpc will be approved by the Department head and available for review by the promotional candidates prior to the written e�mination. 11. Scoring Individual assessor scores (other than the Department head) for each candidate's written exercise and oral presentation will be totaled (maximum 110 possible points). The highest and lowest assessor score for each candidate will be dropped, and the remaining s� (6) scores will be averaged. Average scores will be rounded to one decimal place with scores of .5 or more being rounded to the ne� highest level. (For e�cample: 98.55 would be rounded to 98.6 and 98.54 would be rounded to 98.5). The average score will be the candidate's cumulative score for the Research Project. Each promotional candidate's cumulative score from the Written E�camination will be added to the candidate's cumulative score for the Research Project to determine the final promotional test score. 12. Appeal or Grievance A promotional candidate may not grieve, appeal or dispute the Research Project component of the promotional process before an administrative or judicial body. L�7cewise, no grievance under this Ageement may be filed concerning the Research Project. 13. Tiebreakers In the event of a tie between two (or more) candidate's final promotional test scores, the first tiebreaker will be the Deparhnent head's Research Project Score for each candidate. In the event of a tie in the Department head's scoring of each candidate's Research Project, the second tiebreaker will be time-in-grade for each candidate in the Sergeant Rank. 14. Selection for the Lieutenant Rank Promotional candidates will be ranked on the elig�bility list and corresponding certified list based on the final promotional score, including the resolution of any tiebreakers. The Department head shall appoint the elig�ble promotional candidate having the highest grade on the eligibility list unless the Department head has a valid reason for not appointing the person. A vacancy shall be filled within 60 days, if an eligibility list is in existence, or 90 days if an eligibility list does not e�st after the date the vacancy occurs. � d, Militarv Duty. The commission may adopt Local Rules providing for the ef�'icient administration of tests for promotional candidates for Lieutenant rank who are members of the armed forces serving on active military duty as provided by section 143.032(b)(1)(2) ofthe Texas Local Government Code. e. Appeal or Grievance. A promotional candidate may appeal the multiple choice portion of the written examination under section 143.034 of the Texas Local Government Code as limited in subsection c(3) above but may not appeal or dispute the Research Project component of the promotional process before an administrative or judicial body. L�cewise no gievance under this Agreement may be filed concerning the Research Project. The invalidation of any question or component of the written e�camination shall not invalidate the remainder ofthe Promotional process. f. Statutory Override. Sections 2(a)-(e) of the article supercede the following sections of the Te�s Local Government Code: section 143.032(a) to provide for the scoring of the Research Project created under this article, sections 143.032(b)(1) and 143.032(c) to allow for the Research Project process, to allow for clarifying questions to be asked in the Research Project process and to provide for the oral presentation and question/answer, sections 143.032 (d) and (e) to e�and the scope of testing and the sources of materiaLs in the Research Project, section 143.032( fl to expand the preparation and composition allowances to include the Research Project and to provide for more time for scoring, section 143.032(g) to allow the Deparhnent Executive Staff and Department head's participation in preparing the Research Project of the promotional process, section 143.033(a) to provide for scoring of the Research Project outside the presence of the promotional candidates, section 143.033(c) to provide for the creation of the eligibility list based on both multiple choice and Research Project and for the potential score to be based on less than 100 points in the event a question is invalidated, section 143.033(d) to provide for more time to post the grades of the eligibility list, and section 143.034(a) to limit appeals only to the written e�mination and limit the written examination scope of appeal to quoted source material attributable to the referenced examination question. Section 3. Eligibility List Fonvarded at One Time for Nonentiy Positions a. Intent. This section of the article is intended to omit the administrative process of providing three names at a time and instead provide a process where all names of the persons on the eligibility list are certified and provided at once when filling a vacancy for a nonentry position in the Deparhnent. b. Process. When a vacancy occurs in a nonentry position that is not appointed by the Depattment head, the director, on request by the Depattment head or designee, shall certify to the Deparhnent head the names of the eligib i lity list. c. Statuto Override. Sections 3(a)-(c) of the article supercede section 143.036 of the Te�s Local Government Code to allow for the entire eligibility list to be forwarded at once. 10 ARTICLE 4 APPOINTMENT OF PERSONNEL All Deputy Chief and Assistant Chief positions may be filled by appointment by the Deparhnent head pursuant to the process provided for in Section 143.014 of the Texas Local Government Code. Positions in the ranks below Deputy Chief are filled under the statutory process in Section 143 except as otherwise provided in this Agreement. This article supercedes section 143.014(b) and section 143.014(c) of the Texas Local Government Code. 11 ARTICLE 5 DISCIPLINE Section 1. Limitations on Acts Not Related to Criminal Activity and Time To Investigate Charges In the original written statement and charges and in any disciplinary hearing conducted under this Ageement or Chapter 143, the Department head has two hundred and forty (240) days from the date the act (not related to criminal activity) occurred to discover the act. The Department head shall have one hundred and eighty (180) days from the date of discovery, as set forth in the preceding sentence, to investigate and take disciplinary action for the act (not related to criminal activity). This section shall supercede the first sentence of section 143.052(h) of the Te�cas Local Government Code. Nothing in these sections affects the remainder of section 143.052(h) or affects section 143.056 of the Texas Local Government Code. Section 2. Alternative Discipline Officers suspended up to a ma�mum of five (5) working days, at the Deparhnent head's discretion, may forfeit either accumulated vacation, compensatory or sick time equal to the suspension to serve the suspension with no loss of paid salary. The ofi'icer shall have ten (10) calendar days from receipt of notice of the suspension to decide whether or not he or she wishes to forfeit accumulated leave or exercise his or her appeal rights pursuant to Chapter 143 Local Government Code. No appeal to the commission or to arbitration may be instituted on suspensions where the of�icer has forfeited accumulated vacation, compensatory or sick time pursuant to the terms of this section. The forfeited vacation, compensatory, or sick time will not constitute hours worked. This section supercedes section 143.052 and section 143.053 of the Te�s Local Government Code to the e�ent either of those sections do not allow for the process outlined in this section. Section 3. Written Statement If the Deparhnent head suspends an OfTicer, a copy of the statement giving the reasons for the suspension shall be delivered in person by the Depat�iment head, or his/her designee, to the suspended Ofiicer. The Department head will file the written statement with the commission director within one hundred twenty (120) hours after the hour of suspension which will deem the statement to be filed for purposes of section 143.052. Unless the Of�icer appeals the suspension to the commission, the Parties agree the director will not forward the written statement to the commission. This section of the article shall supercede section 143.052(c) of the Texas Local Government Code in that filing with the director will satisfy 143.052(c). This section also shall supercede 143.052(c) requiring delivery of the statement specifically by the Department head to the ofi�icer. This section supercedes section 143.052(e) of the Te�s Local Government Code in that, in instances where the Of�icer does not choose to appeal to the commission, the written statement will only be filed with the director and not forwarded to the commission. 12 ARTICLE 6 CHANGE IN SHIFT ASSIGNMENT The City reserves the exclusive right to determine procedures, timing and standards for all employee transfers and reassignments; provided, however, O�'icers shall receive at least fourteen (14) calendar days advance notice of transfer or reassignment that result in working different hours of a shi$ schedule. An Ofiicer may voluntarily waive the requirement to an advance notice. In the event of an emergency the Deparhnent head or designee may require an Of�cer to work at any given time without the requirement of notice given to an O$'icer. An emergency is an unexpected happening or event or an unforeseen situation or crisis that calls for immediate action and requires the Deparhnent head to order an Officer to work a shift other than the Officer's normal scheduled shi$ assignment. 13 ARTICLE 7 COMPENSATION Section 1. Base Pay Philosophy It is the desire of the City to recognize that the employees of the City of Denton Police Department perform their responsibilities at a level that is above the typical metroplex Police agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the average metroplex pay for Police of1'icers while at the same time recognizing the financial limitations facing the City due to this challenging economic period. Section 2. Comparator Cities Arlington, Carrollton, Fort Worth, Frisco, Garland, Grand Prairie, Irving, Lewisville, McKinney, Mesquite, Plano and Richardson shall continue to be used as comparator cities for the salary survey to be conducted each year of this contract. The City and Association shall convene a Labor/Management Pay Subcommittee to perform a survey in May of each year of the Ageement upon which consideration for the proposed base salary adjustments for the following fiscal year shall be calculated. Based on the survey information of the comparator cities, the average of base pay for minimums and maximums for each rank shall be calculated and proposed for approval as a part of the budget process. Proposed increases may be limited to the average base pay percentage increase for non-civil service City employees approved by the City Council in the annual budget. Section 3. Compensation Proposal Calculation (a) The compensation for Police Of�icer/Recruit, Sergeant, Lieutenant and Captain (conditioned upon the creation of a Captain classification) shall be proposed on the basis of the following calculatio ns : The recommended monthly base pay scale shall be calculated by the salary survey conducted 'm May each year of the Ageement, utilizing the average minimum base salary and the average maxi►num base salary for each rank of the twelve (12) comparator cities as specified 'm 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 ma�►num steps. (b) Increases recommended in subsection 3(a) may be equivalent to the average base pay increase budgeted for non-civil service City empbyees. Should the City Council approve a budget that does not include base pay increases for non-Civil service employees, the ranks of Police Officer/Recruit, Sergeant, Lieutenant and Captain shall not receive any base pay increase 14 regardless of the calculated amount necessary to reach minimum and ma�cimum rates plus five percent (5%). (c) Should the City Council approve a budget that includes lump sum pay increases instead of an increase to base pay to non-civil service City employees, the ranks of Police Of�'icer/Recruit, Sergeant, Lieutenant and Captain will receive a lump sum payment equal to the average lump sum increase for non-civil service employees instead of an increase to base pay. 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 tern�, to pay all payments due, and to fully and promptly perform the obligations of the City under this Ageement. All obligations of the City shall 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 goss amounts as were collected in each preceding fiscal year respective to each year of the Ageement, and appropriated for such purpose by the City Council, in compliance with the Te�cas 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. 15 ARTICLE 8 COURT TIME �.�➢� CALL BACK Section 1. O�cers while off duty who are called back to duty shall be paid a mulimum of two (2) hours or actual time worked, whichever is geater. Section 2. O�icers while off duty who are required to perform phone consultations with the District Attorney's Office shall be paid a minimum of one (1) hour or actual time worked, whichever is geater. Section 3. O�cers while off duty who are required to give testimony m court about events arising out of their employment shall be paid a minimum of three (3) hours or actual time worked, whichever is geater. Section 4. Any hours meeting established criteria for overtime compensation will be paid at one and a half (1-1 /2 times) the O�cer's regular rate of pay. 16 ARTICLE 9 ASSIGNMENT PAY �l��l� SPECIALTY PAYS Section 1. Assignment Pay a. Field Training Officer Pay Each O$'icer assigned as a Field Training Of�cer shall be ganted pay of $100.00 per month. b. Tactical Team Pay Each Of�cer assigned to the Tactical Team shall be granted pay of $100.00 per month. c. Hostage Negotiator Pay Each Officer assigned to the Hostage Negotiator Team shall be ganted pay of $100.00 per month. d. Administrative Services Pay Each Ofi'icer assigned to serve as an on-call Public Information Officer or in an on-call capacity as the Department's IT Specialist shall be granted pay of $100.00 per month. e. Traffic Unit On-Call Pay Each OfT'icer assigned to the Traf�ic Section that is required to respond to a call back situation for periods of at least one week at a time and would be subject to discipline if they fail to answer, respond, or are unfrt to respond during their assigned period, shall be granted pay of $100.00 per month. This includes the Trafi'ic Sergeant, who is considered to be on-call except when relieved of the duty to respond for specified periods of time. f. Criminal Investigations Bureau On-Call Pay Any O�cer assigned to the Criminal Investigation Bureau (CIB) that is required to respond to a call back situation for periods of at least one week at a time and would be subject to discipline if they fail to answer, respond, or are unfit to respond during their assigned period, shall be ganted pay of $100.00 per month. This includes the CIB Sergeants that are assigned to an on-call rotation and are required to respond as stated above. 'I7�►is includes Special Operations o$'icers who are considered to be on-call by the nature of their assignment. g. Applicability O$'icers may be ganted a ma�cimum of three (3) separate assignment pays per month from Sections (a) through ( fl. 17 Section 2. Specialty Pay a. Canine Pay Each assigned Canine Officer approved by the Department head shall be granted pay of $100.00 per month. b. Bilingual Pay Bilingual pay will be paid at the rate of one hundred dollars ($100.00) per month for oral skills or the rate of one hundred fifty dollars ($150.00) per month for oral and reading skilis for Officers certified under standards established by the Chief and assigned to the bilingual program. The bilingual program shall include Spanish and any language designated by the Chief. Officers will not be paid cumulatively if they are certified in more than one language. Section 3. Certification Or Education Pay Each Officer eligible for Certification or Education pay shall be ganted either certification or education pay commencing the first pay period after: (1) submission of the proof of eligbility and, (2) verification by the Department head. Education eligibility requires successfully completed courses at an accredited college or university. If eligbility is acquired during a fiscal year, the monthly rate shall be prorated from the first day of the pay period following the date of submission of the proof of eligibility provided. Effective the first pay period of each fiscal year, Certification or Education pay shall be as follows: (a) Fiscal Year 2015-2016: Certification: Intermediate—Po lice Advanced—Police Master—Police Education: 30 hours toward degee Associates Degree Bachelor's Degee $840.00 annualized rate $ 70.00 monthly rate $1,560.00 annualized rate $ 130.00 monthly rate $2,280.00 annualiz�ed rate $ 190.00 monthly rate $480.00 annualized rate $ 40.00 monthly rate $840.00 annualized rate $ 70.00 monthly rate $1,560.00 annualized rate $ 130.00 monthly rate 18 Master's Degree $2,280.00 annualized rate $ 190.00 monthly rate (b) Fiscal Year 2016-2017: Each certification and education monthly rate shall mcrease by $10.00. (c) Fiscal Year 2017-2018: Each certification and education monthly rate shall increase by $10.00. (d) Certification and education pays are not cumulative. The O�'icer shall receive the higher of the amounts. Section 4. Statutory Override Sections 1, 2 and 3 of this article supercede sections 143.041(c)(2), 143.041(C)(3), 143.041(c)(4), 143.042, 143.043 and 143.044(b) and 143.044(c) of the Texas Local Government Code to provide for the pay as outlined above. 19 ARTICLE 10 SAFETY AND HEALTH Section 1. Intent It is the desire of the City and the Association to recognize that physical fitness is mutually beneficial to the health and wellbeing of empbyees, in addition to lowering potential costs of healthcare and work related injuries and agee that a voluntary participation progam for physical fitness incentive pay shall be established. 'Ihe intent of this progam is not to create an entitlement but to further improve the health and wellness of the Departrnent. Section 2. Joint Committee on Physical I�tness Recommendations 'Ii�e Joint Committee on Physical Fitness shall recommend the structure of a progam for an annual physical which includes a combination of a medical assessment and frtness assessment as approved by the Department head. The Joint Committee on Physical Fitness shall be comprised oF two (2) members appointed by the Association, two (2) members appointed by the Deparhnent head, and a representative from Human Resources. In addition, the Joint Committee on Physical Fitness shall make recommendations on prerequisites to participate in the program. Section 3. Tiered Perfonnance Incentive Pay A prerequisite for the incentive pay requires the O�cer to participate in the City's annual Health Risk Assessment (blood draw and follow up). a. Superior Rating. Effective January 1, 2016, an Ofi�icer who receives a"Superior" rating on his/her annual physical which includes a combination of the 08'icer's medical assessment and fitness assessment shall receive a one-time lump-sum payment of si�c hundred dollars ($600) for that rating. The lump-sum payment shall be paid in the month of November following the receipt of the "Superior" rating. b. Excellent Rating. Ef�ective January 1, 2016, an Officer who receives an "Excellent" rating on his/her annual physical which includes a combination of the Of�'icer's medical assessment and frtness assessment shall receive a one-time lump-sum payment of five hundred dollars ($500) for that rating. The lump-sum payment shall be paid the in the month of November following the receipt of the "Excellent" rating. c. Good Rating. Effective January 1, 2016, an Of�icer who receives a"Good" rating on his/her annual physical which includes a combmation of the Officer's medical assessment and fitness assessment shall receive a one-time lump-sum payment of four hundred dollars ($400) for that rating. The lump-sum payment shall be paid in the month of November following the receipt of the "Good" rating. 20 Section 4. Evaluation The Joint Conunittee on Physical Fitness shall evaluate the program annually to determine eff'ectiveness and shall make potential recommendations to the Department head for modifications or adjustments. Section 5. Statutoiy Override Sections 1, 2, 3 and 4 of this article supercede sections 143.041(c)(6) and 143.044(d) of the Te�s Local Government Code to provide for friness incentive pay as outlined above. 21 ARTICL� 11 CIVIL SERVICE COMMISSION Section 1. Commission It is the desire of the City and the Association to broaden the criteria qualifying persons eligible to serve on the commission. As a result, a person may be appointed to the commission who has held public o�ice within the preceding three years provided that the public office held by the person was not an elected o�ice. T1vs article supercedes section 143.006(c)(5) of the Texas Local Government Code. 22 ARTICLE 12 LABOR/MANAGEMENT RELATIONS Each Party shall designate three (3) representatives to serve on a joint Labor/Managernent Committee ("Committee'�. This Committee shall meet quarterly at ageeable times and places to discuss matters of mutual concern. Such discussion shall not be tantamount to, or an extension of, the bargaining process, but shall be for the purpose of encouraging productive relations between the parties and the improvement of the public safety services to the community. A minimum of two (2) members from each parly must be present for a meeting to be held. The Department head will make reasonable efforts to accommodate requests by Association members to attend if they are on duty. Both parties understand and agee that Committee meetings are not required on any issue, except where provided for in Article 3 of this Agreement, and are not a condition nor limitation on the management rights to make and enforce policies, rules, regulation, or operational decisions. 23 ARTICLE 13 ��"��P"�"1�.�[�°�" INTERPRETATION i)l�F'�JT� ��"��,�iJ°�'��T PROCEDl�I�T±; Section 1. Scope of Procedure The City and Association recognize that from time to time disageements between the Parties may arise as to the application or interpretation of this Agreement. The Parties therefore agee that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disageements between the Parties regarding the application or interpretation of the provisions of this Ageement. Only matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal is a�orded by Subchapter p of Chapter 143 of the Texas Local Government Code are excepted from the scope of this Article. Section 2. Application of Procedure If the Association has a dispute with the City regarding this Ageement, the Association should reduce the dispute to writing and deliver it to the City's designated representative, who shall be is Department head or designee. An Of�icer may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association Executive Board. Each dispute shall be submitted in writing and must include, at minimum, the following information: (1) a brief statement of the dispute and facts or events on which it is based; (2) the section(s) ofthe Ageement alleged to have been violated; (3) the remedy or adjustment sought and; (4) the bargaining unit member's signature or, if filed by the Association, the signature of the Association President. Any claim or dispute by an Officer or goup of Ofi'icers under this Ageement which includes a claim for pay or benefits for any past pay periods must be filed by the Officer with the Association within thirty (30) business days of the date when the Ofl'icer knew or reasonably should have known of the claim. Disputes by the Association or an O$'icer shall proceed along the following steps: Step 1. An aggrieved Of�'icer must initiate a dispute with the Association Executive Board within thirly (30) business days of the date upon which the Of�cer know of or should have known of the facts giving rise to the dispute. A copy of notice or receipt of the dispute shall be forwarded to the Department head by the Association Executive Board within (3) business days of the receipt of the dispute. The Association Executive Board shall within their sole discretion determine if a dispute exists within fifteen (15) business days a$er receipt of the dispute. If the Association Executive Board determines that no dispute e�cists, the gievance will be deemed 24 denied and shall need no further action taken. The Association shall notify the Department head in writing that no fiu-ther proceedings will be necessary. If the Association Executive Board deternvnes that the dispute is valid, it shall within five (5) business days after determination submit the dispute to the Department head and proceed to Step 2 of the procedure. Step 2. After receipt of the dispute, the Deparhnent head shall within thirly (30) business days submit his/her response in writing to the Association Executive Board. If there is no timely reply from the Department head the gievance is deemed denied and will proceed to the nea�t step as indicated. The Department head may require by policy for submission of contract disputes within the Chain of command, but shall have a duty to determine the matter within thirty (30) business days of its receipt from the Association. Step 3. If the dispute is not resolved in Step 2, the Association Executive Board may advance the dispute in writing to the City Manager or designee within ten (10) business days from receipt of the Step 2 decision of the Department head. The City Manager or designated representative shall review the matter and render a decision in writing to the Association Grievance Committee within ten (10) business days of the receipt of the dispute in Step 3. The City Manager or designee may, at his or her discretion, conduct a conference to further e�lore the merits of the dispute and to explore resolution options. Step 4. If the dispute is not resolved in either Step 2 or Step 3, either Party shall have the right to seek mediation of the dispute by requesting same in writing within ten (10) business days. The mediation will proceed before either a mediator with the Federal Mediation and Conciliation Service or before a mutually ageed mediator. The mediation shall be held in available facilities of the City of Denton. Step 5. If the dispute is not resolve at Step 4, the Association shall have ten (10) business days from the date of inediation to determine whether it will pursue the dispute under this article through arbitration. Under this step, the Association must deliver a letter indicating its election to proceed to arbilration to the Deparhnent head. Section 3. Arbitration Opinion The Parties have ageed that all disputes under this Agreement, which concern the application and interpretation of this Ageement, shall be submitted to final and binding arbitration, and the Parties except form this Agreement disputes involving statutory application and interpretation for rights and claims not arising under sections 142 or 143 of the Texas Local Government Code. The terms of the Ageement, and any factual issues which are determinative in applying the Agreement, shall be the sole province of the designated arbitration, and his or her decision shall be final. However, the City will only agree to arbitration on the condition that legal issues which are determinative in any contract dispute are subject to judicial review. This additional exception to the Parties' arbitration Ageement is a narrow one, as reflected by the bargaining history. This contract represents an ageement to submit disputes to arbitration within its scope, and otherwise preserves the e�sting jurisdiction of Te�s Courts over any contract rights and 25 claims not exclusively committed to arbitration. The Parties have agreed that yuestions of law, which involve either the interpretation and application of state statues or the application of legal principles from Texas appellate court opinions (or the failure to properly apply such legal principles or opinions) to controversies under this article shall be submitted 'mitially to arbitration, but that either party shall have a limited rigl�t of appeal from an arbitration award in the Courts solely for the purpose of reviewing disputed issues of law. No such appeal from arbitration shall include review of any factual determinations by the arbitrator, including credibility of witnesses or weight of the evidence. If an appeal from arbitration based on erroneous application of the law is not successful, the appealing Party shall bear all costs of such appeal. If a dispute is submitted to arbitration, within seven (7) business days, the Department head and/or City and the Association shall select an arbitrator by alternately striking names from the Parties' pre-determined panel of spc (6) qualified neutral arbitrators. The Association shall strilce the first name under this article with the first dispute brought under this article. Thereafter, the first str�ce shall alternate between the Parties. The panel list is attached as Eachibit "A" to this Ageement. Should any panel member subsequently refuse or be unable to continue to serve on the panel, the Parties may mutually agree to his/her replacement from a mutually accepted list of three (3) arbitrators. In the event the Parties cannot mutually agree to a replacement, the remaining members of the panel will continue to serve for the duration of the Agreement. The arbitration should be held at the earliest available date, but may be continued for good cause shown or upon mutual ageement. Upon written request delivered at least fourteen (14) business days prior to the date of the hearing, a parly to the proceeding shall provide, no later than seven (7) business days prior to the hearing, to the opposing party the names and addresses of witnesses e�ected to be called at the hearing. In the absence of good or excusable cause, the arbitrator may exclude the testimony of a witness upon the failure of a party to disclose such a witness. The parties, in writing, may request discovery from each other concerning the gievance. Should the opposing party not agree to provide the requested information within seven (7) business days of the request; the request shall be deemed denied. The requesting party may then apply to the arbitrator, who shall order such discovery consistent with, but not bound by, the rules of discovery in Te�s civil cases. In considering the application, the arbitrator shall consider the burden and e�ense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, and such other matters as he may deem material. In no event shall discovery be requested within thirty-five (35) business days prior to the hearing, unless ageed by the parties. The hearing shall be held in available facilities of the City of Denton and shall be conducted informally, without strict evidentiary or procedural rules. The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association. The arbitrator shall consider and decide only the issue(s) in the dispute statement or submitted in writing by agreement of the Parties. The hearing shall be concluded as expeditiously as possible and the arbitrator's written decision shall be based on a preponderance of evidence within thirCy (30) business days after close of the hearing, or after receipt of post-hearing briefs if applicable. 26 Section 4. Decision Final and Binding If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly limited to interpreting and applying the explicit provisions of this Ageement. The arbitrator shall not have authority to modify the Ageement or create additional provisions not included in the Ageement. The Parties agree that neither the City nor the Association shall have ex parte communications with the arbitrator concerning any matter involved in the dispute submitted to the arbilrator. Each Parly shall be responsble for its own expenses in preparing for and representing itself at arbitration, but the fees and expenses of the arbitrator shall be borne equally by the Parties. The written decision of the arbih�ator shall be final and binding on both Parties and may not be appealed by either Parly, except for any decision procured by fraud or collusion, or which exceeds the arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are clearly contrary to existing law. Section 5. Mutual Extension All deadlines within this article may be e�ended by mutual agreement by the Parties. 27 ARTICLE 14 TERM OF AGREEMENT This Ageement shall have an eflective date of October 1, 2015, and shall remain in full force and effect through September 30, 2019. 28 ARTICLE 15 ��i�C;;"� !�T.��f��: AND PREEMPTION ��d!"�'i�1�.�N Section 1. If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this Ageement, which shall continue to be in full force and effect for the duration of the Ageement, and the Parties shall meet as soon as possible to agee on a substitute provision. However, if the Parties are unable to agee within thirly (30) days following commencement of the initial meeting, then the matter shall be postponed until Meet and Confer negotiations are resumed. To this end, the provisions of this Ageement are severable. This Ageement may be amended by written mutual ageement. Section 2. The provisions of this Ageement shall supercede the provisions of any statute, Executive Order, local ordinance, or rule, which are in conflict herewith, including for e�cample and not by way of limitation, the contrary provisions of Chapter 143; Ordinances of the City of Denton, Texas; and Local Rules and Regulations of the Civil Service Commission for the City of Denton, Te�s. 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 superceding the statutory standard or result which would otherwise obta�, in the absence of this Ageement. This provision is of the essence to the bargain and Ageement, which has been reached. Section 3. Complete Agreement Clause The Parties agee that each has had full and unrestricted right and opportunity to make, advance and discuss all matters properly within the meet and confer process. This Agreement constitutes the full and complete Agreement of the Parties and there are no others, oral or written, except as specified in this Ageement. I:Z7 SIGNATURE & EXECUTION PAGE THE FOREGOING INSTRUMENT HAS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: � PP Y �tY � � of .....�� .�� THE CITY OF DENTON, TE �o N m,..... ,�euncil on �, � ,� � ��°� J Dentony C Co � W �f� � �. A rove � � � � ` A. ° � "� µ"� �" � � � B �� y' �,� � ��" � � �" �~°�'...�,_ Dated: � ��.��"' � � �.;� � � (=a �"��C. CAMPBELL � ��m `�? CITY MANAGER �By: ,� � � , � � ,. ... .. ._ �:� 1 k:; �� ° �� 1 ��t� � � I""� '��; � �"I`,�F�"� APPRO VED: �� "� � �� By� � L.� .�,� �� "� ��, � �� ::�� ,.. �� ....�_�m__.� EE HO "�v" � �..�C�.H POLICE CHIEF � �� -- � "��" �;,''" ��- �� B}�: ��^^ "!�, ��: � , " �" ��',��"��M J `�a I � ��J �,�a 1�,�, � �.._..._...�..-- CITY ATTORNEY � Dated: � � �_� r�� . Dated: ---��"��u.� ._�... Dated: � ;�._ �' �� , ..._ � � Ratified b I�� (��A Membershi on _��" �of �� °� THE DENTON POLICE OFFICERS �f��af.�� t I`I� �� Y' � � P . r� � ,� � r ....._�� 2015) a � Q � �+ ''� �' �' � � �;., � � �` � ,�.� „ B: 4 �'� � ,'�'",',%'�, ""'��` .�,�"� '� �' ..,a�` �° � 4 � E" .. '� �+ Y � �_�� Dated: � � ��,..... �.�� '� �� ., f� ICHOLS X � � : PRESIDENT � �<�' DENTON �� ;:t��°�CERS ASSOCIATION �� .�� , �,„„� �� --. .� �'"" , �;��"�� ,��;�� Dated: �; }�..� t �1�� ' �'i'�: i� �' DENTON POLICE OFFICERS ASSOCIATION 30 �� ,� � � ��?�„ �� . �� ' .�u .m �m W Norman Bennett Donald Goodman John Barnard Mark Sherman John Allman Louise Berman Wolitz EXHIBIT A PANEL OF ARBITRATORS 31