The URL can be used to link to this page

2015-260 %(+$1$%$1$-"$%.1, 2015260 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ AddendumtoMeet&ConferAgreementɋOrdinanceNo.201738712/5/17JR ORDINANCE NO. 2015 -260 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FIRE FIGHTERS 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 Fire Fighters Association in substantially the form of the agreement attached hereto and made a part of this ordinance for all purposes (the "Agreement "). SECTION IT2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:' ,A J . ,APPW,')V l) AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY a� Meet and Confer Agreement Between The City of Denton and Denton Fire Fighters Association, IAFF Local 1291 Fiscal Years 2015 -2016; 2016 -2017; 2017 -2018; and 2018 -2019 TABLE OF CONTENTS DEFINITIONS..... .. .......... ............................... ..................................... .........,,,.............,,,.,. 2 ARTICLE 1 RECOGNITION .... ---- ................I.....,., ... .., .... ........... .. .....,....,.,,.,, ,,.. ,,...,........ 3 ARTICLE 2 TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED POSITIONS...... .......... .................... ......... .................. ................... ......... ........................ -A ARTICLE 3 LABOR/MANAGEMENT RELATIONS ................................ ............................... 12 ARTICLE 4 HIRING PROCESS .................................................................. ............................... 13 ARTICLE 5 PROMOTIONS . ......... ................... ......... ................... ......... ........ ................... 18 ARTICLE 6 APPOINTED POSITIONS FOR ASSISTANT CHIEF ........... ... <...,,.........,,........... 21 ARTICLE 7 NEPOTISM- ....... - ............. -- ........ ............. ... ................ ................. . .. .............. 22 ARTICLE 8 SAFETY AND HEALTH ................... ........................... ......... 23 ARTICLE 9 DISCIPLINE ..... ......... .................. .... ... ........ ......... ........... ........ ........................ 24 ARTICLE 10 COMPENSATION .... ....... .... --- ....... ...... . ..,.,,., ..,....,. ........ ....,...... ....... 25 ARTICLE 11 CERTIFICATION AND EDUCATION PAYS ..................... ............................... 27 ARTICLE12 PENSION ................... ......... ........................,....., ........ ....,.....,....,., ......,......... 29 ARTICLE 13 DEFERRED COMPENSATION PLAN ................................ ............................... 30 ARTICLE 14 ASSOCIATION BUSINESS LEAVE .................................... ............................... 31 ARTICLE 15 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE... 33 ARTICLE 16 TERM OF AGREEMENT ...................................................... ............................... 37 ARTICLE 17 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE AGREEMENT CLAUSE .,,. ....... ...... ......... .............. ......................,.. ......... .......,, ,,.......,...... 38 EXHIBIT A PANEL OF ARBITRATORS ................................................... ............................... 40 EXHIBIT B NEPOTISM POLICY.... ... .............. . ....... .......... ---- w ................ 41 EXHIBIT C APRIL 17, 2015 LETTER OF AGREEMENT ......................... ............................... 45 DEFINITIONS 1. "Agreement" means this Meet and Confer Agreement entered between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291. 2. "Association" means the Denton Fire Fighters Association, IAFF Local 1291, its elected leaders and its collective membership. I "City" means the City of Denton, its mayor, city council members, city manager, fire chief and those persons designated by the City of Denton to manage the city and its fire 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" or "Fire Department" means the Denton Fire Department. 7. The term "Department head" or "Fire Chief' means the Fire Chief of the Denton Fire Department, designee, interim, or an acting Chief of the Denton Fire Department. 8. The term "director" means the director of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 9. The term "Firefighter" means a member of the Denton Fire Department who was appointed in substantial compliance with Chapter 143 of the Texas Local Government Code who is entitled to civil service status under section 143.005 of the Texas Local Government Code and excludes persons attaining civil service status under Article 2. 10. The term "Local Rule" means the Local Rules and Regulations of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 11. The term "newly classified employee" means a person attaining civil service status under Article 2. 12. "Parties" or "parties" means the City of Denton and the Denton Fire Fighters Association, IAFF Local 1291 and "Party" or "party" means either the City of Denton or the Denton Fire Fighters Association, IAFF Local 1291. 2 ARTICLE 1 RECOGNITION The CITY OF DENTON recognizes the DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL NO. 1291, as the sole and exclusive bargaining agent for the covered Firefighters described in the petition for recognition, excluding the head of the fire department and excluding the employees exempt under Subsection (b) of 142.108, in accordance with subchapter C of Chapter 142 of the Texas Local Government Code. 3 ARTICLE 2 TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED POSITIONS Section 1. Intent In the Parties' prior agreements, effective October 1, 2006, (the "2006 -2009 Agreement ") and effective October 1, 2009, (the "2009 -2012 Agreement and Amendments ") the Parties agreed to reclassify certain non -civil service civilian positions in the Fire Prevention Division and Administration Division to civil service for certain civil service benefits and protocols under Chapter 143 of the Texas Local Government Code to create a more unified Department incorporating Operations, Administration and Fire Prevention. To further that transition and that goal, the Parties agree the reclassifications have become permanent and intend for any variation of civil service provisions by this Agreement to also apply to the reclassified positions. Section 2. Employees Affected and Civil Service Status in 2006 -2009 Agreement, 2009- 2012 Agreement and Amendments, and this Agreement. (A) The former non -civil service positions affected by Article 2 of the 2006 -2009 Agreement included the following positions: • Public Education Officer, • Fire Inspector, • Senior Fire Inspector, • Fire Protection Engineer Associate, • Assistant Fire Marshal, • Fire Marshal, • Fire Recruitment Management Analyst, and • Emergency Management Program Manager. A Fire Department employee who served in one of these positions was not required to take a competitive examination to remain in the employee's position if the employee was appointed to that position before October 1, 2006. (B) At the time of the effective date of the 2006 -2009 Agreement, the former non -civil service employees affected by former Article 2 automatically waived into and qualified for the provisions of civil service status under Chapter 143 concerning classification status, disciplinary action, appeals, protocols, sick leave, on duty injury leave, and other such provisions, with the exception of those provisions relating to promotions or transfers and except as otherwise provided in the 2006 -2009 Agreement and 2009 -2012 Agreement and Amendments. (C) The current civil service positions affected by this article include the following: • Fire Inspector Specialist I, • Fire Inspector Specialist II, 4 • Fire Protection Specialist, • Deputy Fire Marshal, • Fire Marshal, • Fire Recruitment Management Analyst /Fire Community Service Officer, and • Emergency Management Program Manager. Section 3. Fire Prevention Division Titles and Ranks (A) Fire Inspector Specialist I Pursuant to the terms of the 2006 -2009 Agreement, the Public Education Officer, Fire Inspector and Senior Fire Inspector were replaced with a Fire Inspector Specialist classification. Pursuant to the terms of the 2009 -2012 Agreement and its amendments, the Fire Inspector was reclassified to a Fire Inspector Specialist I with the salary at the current Fire Fighter base pay and applicable step pay plus three hundred dollars ($300) assignment pay per month. The applicable step determination will continue to be based on the time in rank of Fire Fighter and Fire Inspector Specialist I. (B) Fire Inspector Specialist II Pursuant to the terms of the 2009 -2012 Agreement and its amendments, a new supervisory Fire Prevention position was established with the classification of Fire Inspector Specialist II with a salary at the current Fire Driver base pay and applicable step pay plus four hundred dollars ($400) assignment pay per month. The applicable step determination will continue to be based on the time in rank of Fire Driver and Fire Inspector Specialist II. (C) Fire Protection Specialist Pursuant to the 2006 -2009 Agreement, the Fire Protection Engineer Associate was classified in place. This classification was eliminated when vacated and replaced with the classification of Fire Protection Specialist with a salary at the current Fire Captain base pay and applicable step pay. The Fire Protection Specialist shall receive five hundred dollars ($500) per month assignment pay. The applicable step determination will continue to be based on time in rank of Fire Captain and Fire Protection Specialist. (D) Deputy Fire Marshal Pursuant to the 2006 -2009 Agreement, the Assistant Fire Marshal was classified in place. This classification was eliminated and replaced in 2013 as a result of the Second Amendment to the 2009 -2012 Agreement and its Amendment with the classification of Deputy Fire Marshal with a salary at the current Fire Battalion Chief base pay and applicable step pay. The Deputy Fire Marshal shall receive six hundred dollars ($600) per month assignment pay. The applicable step will continue to be based on the time in rank of Battalion Chief and Deputy Fire Marshal. 5 (E) Fire Community Service Officer Pursuant to the 2006 -2009 Agreement, the position of Fire Recruitment Management Analyst was classified in place. This classification is now hereby eliminated and replaced with a Fire Community Service Officer. Base pay for Fire Community Service Officer will be equivalent to Fire Captain. The incumbent in the Fire Recruitment Management Analyst classification will automatically be reclassified into the classification of Fire Community Service Officer. The applicable step will continue to be based on the time in rank of Captain, Fire Recruitment Captain and Fire Community Service Officer. The Fire Community Service Officer shall receive five hundred dollars ($500) per month assignment pay. The Fire Community Service Officer may be eliminated when vacated by the incumbent and replaced with a Fire Captain classification with the duties to be determined by the Department head. (F) Filling Fire Prevention Division Vacancies Occurring Before the Equivalent Rank 2016 Promotional Testing Date (1) Vacancies in the Fire Prevention Division will be filled in a manner determined by the Department head and in accordance with this subsection of the article. This excludes the appointed positions in section 4 of the article. The process by which the vacancies are filled is not restricted by Article 5, the Promotions Article in this Agreement, or restricted by Chapter 143 of the Texas Local Government Code. (2) The Department head may fill the vacancy by transfer, assignment or promotion. (a) Firefighters may voluntarily transfer to the Fire Prevention Division to fill vacancies according to the eligibility outlined in subsection 3 below provided: (i) he /she meets the requirements of the job description for the position he /she is applying for, and (ii) he /she is recommended by the Fire Marshal and approved by the Department head. (b) The Department head may make an assignment to that position from the Operations Division. (c) The Department head may make a promotion to that position from the Operations Division by appointing one of the first three eligible promotional candidates having the highest grades on the existing eligibility list for the equivalent rank. Transfers back to the Operations Division shall be at discretion of the Department head. (d) The Department head, with the recommendation of the Fire Marshal, may appoint a current member of the Fire Prevention Division from the rank immediately below to the vacant new position, provided he /she meets the requirements of the job description. Current members appointed in such a manner will enter the position at the applicable civil service rate for that rank and follow the steps in that classification. He /she will receive any applicable assignment pay for 0 the position he /she fills. The Department head may also fill the vacancy by lateral transfer within the Fire Prevention Division. (i) If a selection occurs of a member of the Fire Prevention Division who originated in the Operations Division and that member transfers back to the Operations Division, that member would transfer back at the rank previously held in the Operations Division. That member will not gain rank through a Fire Prevention Division promotion under this process. (3) Firefighters transferring under this section retain their pay grade and benefits and, in addition, receive any assignment pay for the applicable Fire Prevention Division position. Transfers to the Fire Prevention Division shall not be for promotional purposes under Civil Service rules. Therefore, Firefighters transferring into the Fire Prevention Division may on transfer to an equivalent rank as follows: • Fire Inspector Specialist I = Fire Fighter • Fire Inspector Specialist Il = Driver • Fire Protection Specialist and Fire Community Service Officer = Captain • Deputy Fire Marshal = Battalion Chief (4) Firefighters transferring or assigned to the Fire Prevention Division must complete the assignment for a minimum of two years. This assignment may be shortened or lengthened by mutual agreement of the Firefighter and the Department head. At the expiration of the two (2) year assignment, the Firefighter may request a transfer back to Operations. (5) An exception to the two year assignment shall be for promotions. A Firefighter transferred or assigned to the Fire Prevention Division shall be entitled to take a promotional examination if otherwise eligible. The Firefighter may promote out of the Fire Prevention Division back into the Operations Division. (6) No Probationary Fire Fighters will be assigned to the Fire Prevention Division. (G) Filling Fire Prevention Division Vacancies Occurring After the Equivalent Rank 2016 Promotional Testing Date (1) Vacancies in the Fire Prevention Division occurring after the equivalent rank 2016 promotional testing date will be filled by lateral transfer, assignment or from a promotional list. This excludes the appointed positions in section 4 of the article. The process by which the vacancies are filled is consistent with Article 5, the Promotions Article in this Agreement, and consistent with Chapter 143 of the Texas Local Government Code except that a newly classified employee will be considered to be eligible to take a promotional examination for the classification that is immediately above in rank for promotion in the Fire Prevention Division. (2) The Department head may fill the vacancy by transfer, assignment or promotion. 7 (a) Firefighters or newly classified employees may voluntarily transfer to the Fire Prevention Division or within the Fire Prevention Division. (b) The Department head may make an assignment to that position from the Operations Division or Fire Prevention Division. (c) The Department head may make a promotion to that position from the existing eligibility list for the equivalent rank by appointing the eligible promotional candidate having the highest grade on the eligibility list under section 143.036 of the Texas Local Government Code. Transfers back to the Operations Division shall be at discretion of the Department head. (3) Firefighters transferring under this section retain their pay grade and benefits and, in addition, receive any assignment pay for the applicable Fire Prevention Division position. Transfers to the Fire Prevention Division shall not be for promotional purposes under Civil Service rules. Therefore, Firefighters transferring into the Fire Prevention Division may only transfer to an equivalent rank as follows: • Fire Inspector Specialist I = Fire Fighter • Fire Inspector Specialist I1= Driver • Fire Protection Specialist and Fire Community Service Officer = Captain • Deputy Fire Marshal = Battalion Chief (4) Firefighters transferring or assigned to the Fire Prevention Division must complete the assignment for a minimum of two (2) years. This assignment may be shortened or lengthened by mutual agreement of the Firefighter and the Department head. At the expiration of the two (2) year assignment, the Firefighter may request a transfer back to Operations. (5) An exception to the two year assignment shall be for promotions. A Firefighter assigned to the Fire Prevention Division shall be entitled to take a promotional examination if otherwise eligible. The Firefighter may promote out of the Fire Prevention Division back into the Operations Division. (6) No Probationary Fire Fighters will be assigned to the Fire Prevention Division. Section 4. Fire Marshal and Emergency Management Program Manager. (A) Fire Marshal and Emergency Management Program Manager By Appointment. The positions of Fire Marshal and Emergency Management Program Manager shall continue to be appointed by the Department head and shall not be filled by promotional examination. A person appointed under this section serves at the pleasure of the Department head. (B) Fire Marshal Classification. The Fire Marshal shall continue to be classified in place. (C) Emergency Management Program Manager. The Emergency Management Program Manager shall continue to be classified in place. (D) Base Pay Prior to a Vacancy Occurring. The base pay for Fire Marshal and Emergency Management Program Manager, prior to a vacancy occurring in each respective position, will be determined by the Department head based on market comparisons in accordance with City of Denton policy. (E) Upon the Vacancy in the Current Positions of Fire Marshal and Emergency Management Program Manager. (1) Determination of Job Descriptions and Base Pay. When a vacancy occurs in either of the current positions of Fire Marshal or Emergency Management Program Manager, the base pay and minimum and preferred qualifications for that position from the time of vacancy will be made by recommendation by the joint Labor /Management Committee to the Department head. The Department head will determine whether to adopt the recommendation and ultimately will determine minimum and preferred qualifications and base pay for that position. (2) Vacancy to Be Filled by Appointment by the Department Head. Vacancies in the positions of Fire Marshal or Emergency Management Program Manager shall be filled by appointment by the Department head. Appointments for Fire Marshal or Emergency Management Program Manager will be made by the Department head from within the Department, following the procedure outlined below. If no suitable candidate from within the Department exists, the Department head may appoint a person from outside the Department Procedure. 1. Job Announcement for potential candidate(s) within the Department 2. Candidate(s) submit a letter of interest and resume to the Department head 3. Application review for minimum and preferred qualifications by the Department head 4. Department head's interview 5. Appointment from within the Department or proceed to external process if no suitable internal applicant 6. External Job Announcement 7. Candidate(s) submit an application and resume to Human Resources 8. Application review for minimum and preferred qualifications by the Department head 9. Department head's interview 10. Potential appointment from external candidates or repost externally (3) Review of Non - Selection by Internal Candidate. In the event that an internal candidate applies and proceeds through step 4, but is not selected and the Department head proceeds to the I external process, that candidate may seek review of the non - selection. The internal candidate may seek review by providing a written statement to the Department head within ten (10) calendar days from the date of the notification of non - selection stating the basis for review. The review process shall be as follows: (a) The joint Labor /Management Committee shall review the Department head's decision and make a non - binding recommendation in writing to the Department head within five (5) business days from the date that the candidate seeks review. (b) The Department head shall review the recommendation by the joint Labor /Management Committee and determine whether or not to reconsider the decision within ten (10) calendar days from the date of the recommendation. (c) The internal candidate may seek review of the non - selection to the commission by submitting a request in writing to the director within five (5) business days from the date of determination by the Department head of sustaining the non - selection. The commission shall have ten (10) business days to conduct a hearing and render a decision sustaining or overruling the Department head's decision to seek an external candidate. The standard of review by the commission is whether the Department head's decision is arbitrary and capricious. The commission's decision shall be final and binding with no right of appeal to an arbitrator or district court. (d) Deadlines in this article may be extended by mutual agreement by the internal candidate seeking review and the Department head. (F) Internal Appointment. In the event that an internal Firefighter or newly classified employee under this article fills the vacancy, only subsections 143.014(g) and 143.014(h) of 143.014 of the Texas Local Government Code shall apply. (G) External Appointment. In the event that an external candidate fills the vacancy, only subsection 143.014(h) of 143.014 of the Texas Local Government Code shall apply after a twelve (12) month probationary period applicable to an external appointment, except that the provision relating to being restored to the same classification or its equivalent shall not apply. Section 5. Transfer. (A) Restrictions. The newly classified employees under former article 2 in the 2006 -2009 Agreement, and 2009 -2012 Agreement and Amendments and under this article may not transfer out of their currently assigned Division into any other classified civil service position in another Division in the Department. Newly classified Prevention Division employees under former article 2 in the 2006 -2009 Agreement and 2009 -2012 Agreement and Amendments and under this article are only eligible to promote or transfer within their currently assigned Division. (B) Effect of Transfer. Operations Division Firefighters who transfer to the Fire Prevention Division or Administration Division are eligible to take promotional examinations, provided they meet the requirements for the promotional examination under Chapter 143 of the Texas Local Government Code and any pre - requisites for promotion as determined under article 5 of this 10 Agreement. It is the intent of the Parties that, a Firefighter does not gain rank or lose rank by transferring between Divisions. Section 6. Commission's Role. The commission may adopt rules under this article providing for the efficient administration of this article. Section 7. Statutory Override. To the extent this article continues to reclassify the current positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Specialist, Deputy Fire Marshal, Fire Community Service Officer, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager to civil service positions this article overrides section 143.003(4) and section 143.003(4)(A). This article is the exclusive process and provision by which the former positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Specialist and Assistant Fire Marshal; and current positions of Fire Inspector Specialist I, Fire Inspector Specialist Il, Fire Protection Specialist, Deputy Fire Marshal, Fire Marshal, Fire Community Service Officer and Emergency Management Program Manager are afforded civil service status. Unless otherwise provided in this article, this article overrides sections 143.014, 143.015 to the extent limited in section 4 of this article, 143.026, 143.028, 143.029, 143.030, 143.032, 143.033, 143.034, 143.036 (except the definition of vacancy), 143.041(b), 143.041(c)(3), 143.042 and 143.085 of the Texas Local Government Code. The overrides to Chapter 143 of the Texas Local Government Code also apply to this article and to the reclassified positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Specialist, Deputy Fire Marshal, Fire Community Service Officer, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager. 11 ARTICLE 3 LABOR/MANAGEMENT RELATIONS Each Party shall designate three (3) representatives to serve on a joint Labor /Management Committee ( "Committee "). This Committee shall meet quarterly at agreeable 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 fire services to the community. A minimum of two (2) members from each party 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 agree that Committee meetings are not required on any issue, except where provided for in Articles 2, 5 and 8 of this Agreement, and are not a condition nor limitation on the management rights to make and enforce policies, rules, regulation, or operational decisions. The work of the Committee shall be conducted on City time without loss of pay by Committee members; except that meetings which are scheduled at times when Association members who are not on duty, such members shall attend on their own time without compensation. 12 ARTICLE 4 HIRING PROCESS Section 1. Intent In adopting this article, the Parties agreed to implement a hiring system for beginning positions in the Department that provided for selection based upon the determination by an Oral Interview Board and the Chief s Interview. The parties believe a determination by the Oral Interview Board and Chiefs Interview for beginning positions improved the selection process and provided applicants a fair opportunity to demonstrate skills and abilities that serve as additional good indicators that they would perform well in the Department. Section 2. Adoption and Publication of Rules Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this article. Section 3. Written Examination and Commission List (a) Establishment of Date of Written Examination in 2011 Entrance examinations will be held on the second Saturday in January. The actual date of the examination may be rescheduled in the event of circumstances beyond the City's control including but not limited to extraordinary weather events or other emergencies. (b) Written Examination and Military Points The written examination under Chapter 143 of the Texas Local Government Code shall be administered and the minimum passing grade on the written examination is seventy percent (70 %). An additional five (5) points shall be added to the examination grade of an applicant who served a minimum of one hundred and eighty (180) active days in the United States armed forces, received an honorable discharge, and made a passing grade on the examination. In the event a tie should occur, the process to break a tie will follow the Department Hiring Guideline. A passing grade on the written examination may permit the applicant to proceed to the next step(s) in the hiring process. The grade on the written examination will not serve as the grade for ranking on the eligibility list; however, the written examination grade, plus any applicable military points, will determine the ranking for a Commission List from which applicants proceed through the remainder of the hiring process. (c) Commission List In this article "Commission List" shall mean the list of applicants who made a passing grade on the written examination ranked from highest to lowest including any applicable military points and shall not mean the eligibility list from which an applicant may be appointed. 13 When a vacancy occurs in a beginning position in the Fire Department, the Department head shall request in writing from the director the names of suitable persons from the Commission List outlined in subsection (a) above. The director shall certify and provide to the Department head all of the names of such applicants on the Commission List. From the Commission List of names, the Department head shall identify a number of applicants, based on the determination of the Department head related to the number of vacancies, with the highest ranking to proceed through the process. Section 4. Background Check and Physical Ability Test (a) Background Check After the Department head determines an applicant to be eligible to proceed through the process by the Department head, the applicant will proceed through the Background Check in accordance with the Department's Hiring Guidelines. If an applicant passes the Background Check, then the applicant shall proceed to the Physical Ability Test. If an applicant does not pass the Background Check, the applicant will be disqualified from any further consideration in the hiring process. (b) Physical Ability Test From the list of names of applicants who passed the background check, the Department head shall identify the fifteen (15) applicants with the highest ranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. If an applicant passes the Physical Ability Test, then the applicant will be considered to proceed to the Oral Interview Board. If an applicant does not pass the Physical Ability Test, the applicant will be disqualified from any further consideration in the hiring process. All applicants who have passed the Background Check and Physical Ability Test shall proceed to the next step in the process. If less than three (3) applicants pass the Background Check and Physical Ability Test, the Department head shall identify the next fifteen (15) applicants with the highest ranking on the Commission List (or those remaining on the Commission List if less than fifteen (15)) to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. (c) Selection of Candidates To Proceed to Oral Interview Board From the list of names of applicants who passed the Physical Ability Test, those applicants shall proceed to the next step in the process. In the event those applicant names are exhausted after the completion of the Oral Interview Board and Chief's Interview, then the Department head shall proceed under section 4(b) of this article to identify the next fifteen (15) applicants with the highest ranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. 14 Section 5. Oral Interview Board (a) Oral Interview Board The Department head shall establish an Oral Interview Board made up of four (4) board members with four (4) alternate board members. Three (3) of those board members and three (3) of the alternate board members shall be Firefighters from the Department. One (1) of those board members and one (1) of the alternate board members shall be a citizen member from the city of Denton chosen by the Department head. It is understood that all board members and alternate board members of the Oral Interview Board will receive appropriate training to conduct interviews. (b) Interview The Oral Interview Board will interview eligible applicants determined by the preceding steps in this article. Each member of the Oral Interview Board will assign an applicant a score from zero (0) to one hundred (100) points. The average of those four (4) scores will be calculated and will be the final Oral Interview Board score for each eligible applicant. If an applicant obtains a final Oral Interview Board score of seventy (70) points or more, an applicant will proceed to the Chief's Interview. If an applicant does not pass with a score of seventy (70) points or more, the applicant will be disqualified from any further consideration in the hiring process. Section 6. Chiefs Interview The Fire Chief will interview eligible applicants determined by the preceding steps in this article. The Fire Chief shall invite the Deputy Fire Chief and /or one or more Battalion Chief(s) to attend the Fire Chief's Interview for all eligible applicants. The Chief will assign an applicant a score from zero (0) to one hundred (100) points. Any input from the Deputy Fire Chief or Battalion Chief will be included in the Chief's score. This score will be the final Chief s Interview score for each eligible applicant. If an applicant does not pass with a score of seventy (70) points or more, the applicant will be disqualified from any further consideration in this hiring process. Section 7. Eligibility List The overall score to be placed on the eligibility list for each eligible applicant shall be computed by taking the applicant's final Oral Interview Board score and multiply the score by .70 to the account for seventy percent (70 %) of the applicant's final overall score; and adding the applicant's final Chief's Interview score and multiply that score by .30 to account for thirty percent (30 %) of the applicant's final overall score (see below). (4 Oral Interview Board Scores divided by 4 = final Oral Interview Board Score) x 70% (final Chiefs Interview score) x 30% applicant's final overall score 15 When a vacancy occurs, the Department head shall appoint the eligible suitable applicant having the highest final overall score on the eligibility list unless the Department head has a valid reason for not appointing the person. Each hiring eligibility list remains in existence for one (1) year after the written examination unless exhausted. All applicants may be subject to a polygraph examination at the Department head's discretion. Section 8. Effect of an Eligibility List Currently In Existence and Eligibility List Created Under this Agreement A hiring eligibility list in existence at the time of the adoption of this Agreement shall continue in effect until January 10, 2016, unless exhausted. Any hiring eligibility list created under this article will take effect upon the expiration of any applicable pre- existing list. Section 9. Probationary period Unless already certified as both a firefighter by the Texas Commission on Fire Protection and a paramedic by the Texas Department of State Health Services, a person appointed to a beginning position in the Department must serve a probationary period of up to eighteen (18) months beginning on that person's date of employment as a Fire Fighter, or trainee. A person appointed to a beginning position in the Department who is certified as both a fire fighter and a paramedic shall serve a probationary period of twelve (12) months. Section 10. Disqualification In the event an applicant is disqualified at any point in the hiring process, the Department head shall clearly set forth in writing the good and sufficient reason why a person was disqualified. Section 11. Statutory Override This article supercedes the following sections of the Texas Local Government Code to the extent the article may be in conflict with any of these sections: section 143.025(a) to account for an Oral Interview Board and Chief's Interview only to be administered to certain applicants that meet the hiring process criteria under the rules implemented in accordance with this article and to establish the eligibility list based on the Oral Interview Board and Chief s Interview as outlined in this article; section 143.025(b) to base the eligibility list on the Oral Interview Board and Chief's Interview final overall score as outlined in this article; sections 143.025(c), 143.025(d) and 143.025(e) to provide for the Oral Interview Board and Chief's Interview to interview applicants outside the presence of other applicants and at different times; section 143.025(h) to extend the effective date of the eligibility list from examination date to examination date; section 143.025(1) to provide for an Oral Interview Board and Chief's Interview in the grading process and for establishment of an eligibility list as outlined in this article; sections 143.026(a), 143.026(b), 143.026(c) and 143.026(d) to allow the creation of various lists in the hiring process as outlined in this article, to allow for appointment and disqualification by the Department head, to account for the Oral Interview Board and Chief's Interview final overall score as a basis for the applicant's selection, and to eliminate the 16 requirement of filing reasons of a pass over with the commission; and section 143.027 regarding probationary period. This article further preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of City, such as the commission. 17 ARTICLE 5 PROMOTIONS Section 1. Intent In adopting this article, the parties agreed to implement changes to the promotional process for the Department by establishing pre - requisites that qualify a candidate to take a promotional written examination. The parties believe that establishing pre- requisites for promotional written examinations will improve the promotional process and will provide promotional candidates a fair opportunity to meet pre - requisites that serve as additional good indicators that they will perform well in the positions to which they seek to be promoted. This article includes the positions addressed in section 3 of Article 2. Section 2. Definitions (a) In this article "written examination" means the written examination provided for promotions under Chapter 143 of the Texas Local Government Code. (b) In this article, "pre- requisites" means the minimum qualifications and conditions required of candidates for eligibility to take a Chapter 143 written examination for promotion within the Department. Section 3. Role of Commission Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this article. Section 4. Minimum Qualifications (a) For the promotion to the rank of Fire Driver, the Fire Driver pre- requisites shall require the candidate to serve at least three years in the classification of Fire Fighter, hold an active certification by the Texas Commission on Fire Protection as a Driver /Operator, hold current certification by the Texas Department of State health Services as a Paramedic and successful completion of an annual Driver Skills Test. (i) In order to be eligible to take the promotional examination for the Fire Driver classification, a newly classified employee in the Prevention Division is exempt from the certification requirements of Driver /Operator and Paramedic, and is exempt from the successful completion of an annual Driver Skills Test included above. (b) For promotion to the ranks of Fire Captain and Fire Battalion Chief, (i) The Fire Captain and Fire Battalion Chief pre - requisites shall require the candidate to serve at least two (2) years in the position in the classification that is immediately below. 18 (ii) Effective January 1, 2017, the Captain and Battalion Chief pre- requisites„ (a) shall require the candidate to hold an active certification by the Texas Commission on Fire Protection as a Fire Officer II; and (b) shall require the candidate to serve at least two years in the position in the classification that is immediately below. (iii) A newly classified employee in the Prevention Division is exempt from the requirements under subsection(ii)(a) above in order to be eligible to take the promotional examination for Fire Captain and Fire Battalion Chief classifications. Section 5. Evaluation The joint Labor /Management Committee will establish a system within the joint Labor /Management Committee to evaluate the promotional process and the pre- requisites established. Section 6. Date of Written Examinations and Rescheduling (a) Fire Battalion Chief Written examinations for the rank of Fire Battalion Chief will be held on the second Tuesday of January. The Fire Battalion Chief promotional list shall remain in effect until the date of the next promotional examination unless otherwise exhausted. Effective January 1, 2017, the written examination for Fire Battalion Chief will be held on the first Tuesday in March. (b) Fire Captain Written examinations for the rank of Fire Captain will be held on the second Tuesday of February. The Fire Captain promotional list shall remain in effect until the date of the next promotional examination in 2017 unless otherwise exhausted. Effective January 1, 2017, the written examination for Fire Captain will be held on the first Wednesday in March. (c) Fire Driver Written examinations for the rank of Fire Driver will be held on the first Tuesday of March. Effective January 1, 2017, the written examination for Fire Driver will be held on the first Thursday in March. (d) Rescheduling of Written Examinations The actual date of the examinations may be rescheduled after the examination dates in this section in the event of circumstances beyond the City's control including but not limited to [us extraordinary weather events or other emergencies. In the event of a rescheduling, no further notice of the examination is required other than the new time, place and date of the rescheduled examinations, notwithstanding section 143.029 of the Texas Local Government Code. Meeting the scheduled examination dates outlined or provided for in this section, or rescheduling those dates pursuant to this subsection, precludes any liability for back pay or retroactive seniority for that position or any lower position. Section 7. Scope of Appeals Appeals to the commission under section 143.034 of the Texas Local Government Code shall be limited to quoted source material attributable to the referenced examination question. Section 8. Eligibility List When a vacancy occurs in a nonentry position that is not appointed by the Department head, the director, on request by the Department head, shall certify to the Department head the names of the eligibility list. This section of the article shall supercede Section 143.036(b) of the Local Government Code to the extent that Section requires the certification of persons on the eligibility list to be certified three (3) persons at a time. This section of the article is intended to omit the administrative process of providing three (3) 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 Fire Department. Section 9. Statutory Override This article supercedes the following sections of the Texas Local Government Code: section 143.029 to override posting rules in the event an examination is rescheduled; sections 143.030(b) and (c) to supplant the statutory pre - requisites for promotions; section 143.030(d), sections 143.032(a), 143.032(b), 143.032(c), and 143.032(d) to provide for pre- requisites for the promotional process to the extent any of those pre- requisites may be deemed to conflict with these statutory sections; section 143.034 to limit the scope of appeals; section 143.036(a) to provide for the promotional process in accordance with this article and to the extent any provisions of this article may be deemed to conflict with this statutory section; and 143.036(h) for the promotional eligibility list to remain in existence until the date of the next promotional examination for that rank. This article further preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of the City, such as the commission. 20 ARTICLE 6 APPOINTED POSITIONS FOR ASSISTANT CHIEF Up to two (2) Assistant Chief positions may be filled by appointment by the Department head pursuant to the process provided for in Section 143.014(e) of the Texas Local Government Code. This article supercedes Section 143.014(c). Newly classified employees are ineligible to be considered for this appointment. 21 ARTICLE 7 NEPOTISM Section 1. Purpose The Denton Fire Department through employment, promotion, or transfer of relatives, will not contribute to the creation of any inequity or impropriety among its members. The purpose of this procedure is to communicate a Department policy regarding employment and supervisory relationships among family members. Section 2. Definition and Scope of Application During the term of this Agreement, the parties agree that the definition of "relative" shall meet the same definition of "familial relationship" provided by City Policy Reference Number 102.08 dated September 3, 2002 attached as Exhibit B, and agree this article applies to a Firefighter as defined in this Agreement or a newly classified employee in Article 2. Section 3. Appointment of Relatives to City Employment Members of the Department assigned to positions that make appointments, conduct interviews, promote, etc. cannot participate and must disqualify themselves if a relative is a candidate. In addition, members shall notify the Fire Chief in writing to disclose the relationship or interest involved. Section 4. Immediate Supervisory Relationships Members shall not directly supervise a relative. Direct or immediate supervision includes participation in a hiring decision, promotional decision, disciplinary decision, or preparing or influencing a performance evaluation of a relative. In a Battalion, relatives shall not be assigned to the same shift. Temporary shift swaps or overtime assignments are permitted, provided there is no immediate supervisory relationship. At the discretion of the Incident Commander, the prohibition on the immediate supervisory relationship of relatives during emergency operations is put aside. Irrespective of the immediate supervisory relationship, members shall not participate in a decision involving the financial interest of a relative, including hiring, promotion, discipline and pay increases. In addition, members shall not attempt to influence others in a financial interest of a relative. Section 5. Changes or Amendments during Term of Agreement It is understood that during the term of this Agreement, if either party requests in writing a meeting concerning changes or amendments to the definition of the term "relative," the parties shall meet within ten calendar days to discuss such changes or amendments. Changes made to section 2 are not subject to ratification by the Association or the City Council. 0% ARTICLE 8 SAFETY AND HEALTH Section 1. Intent and Annual Physicals It is the desire of the City and the Association to maintain the highest standards of safety and health in the Fire Department. The City and Association agree to use NFPA 1583, NFPA 1582 and the IAFF /IAFC Joint Wellness Fitness Initiative as a guideline for the implementation of policy regarding health and safety issues in the Department over time. The parties agree that the Wellness Committee will continue to work on implementing the requirements of rule 435.21 of the Texas Commission on Fire Protection. To that end, each Firefighter and newly classified employee in the Prevention Division shall undergo a physical each fiscal year. Physicals shall be conducted by an entity recommended by the Department Wellness Committee, approved by the joint Labor Management Committee, and approved by the Department head. Section 2. Optional Tiered Performance Incentive Pay The intent of this optional incentive pay program is not to create an entitlement but to further improve the health and wellness of the Department and provide incentive pay for the top two ratings of "Superior" and "Excellent" and not the ratings of "Good" or below. A prerequisite for the incentive pay requires the Firefighter and newly classified employee to participate in the City's annual Health Risk Assessment (blood work report follow up). (A) Superior Rating. Effective January 1, 2016, a Firefighter and newly classified employee who receives a "Superior" rating on his /her annual physical which includes a combination of the medical assessment and fitness assessment shall receive a one -time lump -sum payment of $600 for that rating. The lump -sum payment shall be paid the first pay period in the month of November following the receipt of the "Superior" rating. (B) Excellent Rating. Effective January 1, 2016, a Firefighter and newly classified employee who receives an "Excellent" rating on his /her annual physical which includes a combination of the 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 the first pay period in the month of November following the receipt of the "Excellent" rating. Section 3. Statutory Override Sections 1 and 2 of this article supersede sections 143.041(c)(6) and 143.044(d) of the Texas Local Government Code to provide for fitness incentive pay as outlined above. 23 ARTICLE 9 DISCIPLINE Section 1. Written Statement If the Department head suspends a Firefighter or newly classified employee, a copy of the statement giving the reasons for the suspension shall immediately be delivered in person to the suspended Firefighter or newly classified employee and filed with the director within one hundred and twenty (120) hours. This statement shall only be delivered to the commission if the Firefighter or newly classified employee chooses to appeal to the commission under section 143.052(d). In instances where the Firefighter or newly classified employee chooses to appeal to the commission, the written statement will be forwarded to the commission within one hundred and twenty (120) hours from the time the Firefighter or newly classified employee notifies the director in writing of his /her choice to appeal to the commission. Section 2. Time to Investigate Charges In the original written statement and charges and in any disciplinary suspension hearing conducted under this Agreement or Chapter 143, the Department head shall have one hundred and eighty (180) days to investigate and take disciplinary action from the date the Department head discovers an act, provided that the Department head may not complain of or take disciplinary action for an act (not related to criminal activity) that occurred more than one (1) year before the date of disciplinary action. Section 3. Statutory Override Section 1 of the article supercedes section 143.052(c) of the Texas Local Government Code requiring a statement to be forwarded to the commission within one hundred and twenty (120) hours of the suspension. Section 1 also supercedes section 143.052(e) of the Texas Local Government Code only in that, in instances where the Firefighter or newly classified employee does not choose to appeal to the commission, the written statement will not be forwarded to the commission. Section 2 of the article shall supercede the first sentence of section 143.052(h) of the Texas Local Government Code. Nothing in this article affects the remainder of section 143.052(h) or affects section 143.056 of the Texas Local Government Code. PIS ARTICLE 10 COMPENSATION Section 1. Base Pay Philosophy It is the desire of the City to recognize that the employees of the City of Denton Fire Department perform their responsibilities at a level that is above the typical metroplex fire agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the average metroplex pay for Firefighters as reflected in Section 3(a). The parties recognize the financial limitations facing the City due to this challenging economic period. Sections 3(c) -(d) of this article reflect the parties' intent to address the current economic period and are not intended to serve as precedent in future agreements. 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 Agreement upon which consideration for the proposed base salary adjustments for the following fiscal years 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) Compensation for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall be proposed on the basis of the following calculations: The recommended base pay scale shall continue to be calculated by the salary survey conducted in May of each year of the Agreement, utilizing the average minimum and maximum base salary for each rank of the twelve (12) comparator 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. (i) In order to continue to address promotional compression in pay between the Fire Fighter and Fire Driver ranks first set forth in the parties' April 17, 2015 Letter of Agreement (Exhibit "C "), the recommended base pay for Fire Driver, step A shall 25 be proposed to be equivalent to a minimum of three percent (3 %) increase of step F for the Fire Fighter rank. (b) The salary subcommittee shall prepare a report to the City Manager to be forwarded to the City Council at the time the proposed budget is submitted to the City Council that will show the cost of implementing the pay increase as calculated above compared to the cost to pay Firefighters the same percentage increase as non -civil service employees. (c) Increases recommended in subsection 3(a) may be limited to the average base pay increase budgeted for non -civil service City employees. Should the City Council approve a budget that does not include base pay increases for non -civil service employees, the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall not receive any base pay increase regardless of the calculated amount necessary to reach minimum and maximum rates plus five percent (5 %). (d) 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 Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief will receive a lump sum payment instead of an increase for non -civil service employees. 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 the fiscal year 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 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 gross amounts as were collected in each preceding fiscal year respective to each year of the Agreement, and appropriated 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 increases recommended under this Article may be reduced accordingly. NR ARTICLE 11 CERTIFICATION AN 1) EDUCATION PAYS Section 1. Aircraft Rescue Firefighting Certification Each Firefighter eligible for Aircraft Rescue Firefighting ( "ARFF ") certification pay shall be granted certification pay commencing the first pay period after: (1) submission of the proof of eligibility and, (2) verification by the Department head. The monthly rate shall be prorated accordingly back to the first day of the pay period following the date of certification if eligibility occurs during a fiscal year. Effective the first pay period of fiscal year 2015 -2016, ARFF certification pay shall be six hundred dollars ($600.00) annualized rate, fifty dollars ($50.00) monthly rate. The total number of eligible Firefighters shall be determined by the Department head. Section 2. Certification or Education Pay Each Firefighter or newly classified employee eligible for Certification or Education pay shall be granted either certification or education pay commencing the first pay period after: (1) submission of the proof of eligibility and, (2) verification by the Department head. Education eligibility requires successfully completed courses at an accredited college or university. The monthly rate shall be prorated accordingly back to the first day of the pay period following the date of certification or transcript date if eligibility occurs during a fiscal year. (a) Fiscal Year 2015 -2016: Certification: Intermediate —Fire $840.00 annualized rate $70.00 monthly rate Advanced —Fire $1,560.00 annualized rate $130.00 monthly rate Master —Fire $2,280.00 annualized rate $190.00 monthly rate Education: 30 hours toward degree $480.00 annualized rate $40.00 monthly rate Associates Degree $840.00 annualized rate $70.00 monthly rate Bachelor's Degree $1,560.00 annualized rate $130.00 monthly rate Master's Degree $2,280.00 annualized rate $190.00 monthly rate 27 (b) Fiscal Year 2016 -2017: Each certification and education monthly rate shall increase 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 Firefighter shall receive the higher of the amounts. Section 3. Statutory Override Sections 1 and 2 of this article supercede sections 143.041(c)(2), 143.041(C)(3), 143.041(c)(4), 143.042 and 143.044(b) and 143.044(c) of the Texas Local Government Code to provide for the pay as outlined above. 28 ARTICLE 12 PENSION Each successive year of the Agreement the City shall continue to apply the same contribution level, including any increase or decrease, toward the Firemen's Retirement and Relief Fund to match the City's actual contribution rate to the Texas Municipal Retirement System for that calendar year. 29 ARTICLE 13 DEFERRED COMPENSATION PLAN Section 1. Optional Retirement Program The City will continue to make available the IAFF Financial Corporation 457 Plan ( "IAFF Plan ") as one of the options that a civil service employee in the Department may elect. A civil service employee in the Department electing to participate in the IAFF Plan assumes full responsibility for tax or penalty provisions as applicable under federal, state or local law. 30 ARTICLE 14 ASSOCIATION BUSINESS LEAVE Section 1. Association Business Leave Authorized Association Representatives who are on duty shall be permitted to have paid time off, designated as Association Business Leave (ABL), to conduct Association business under the conditions specified in this article provided that the ABL does not impact the mission of the Department including operations, staffing, training or other scheduled Department functions. Section 2. Permitted Uses of ABL ABL may be used for activities that directly support the mission of the Department or the Association, or are deemed mutually beneficial to both the Department and Association, but do not otherwise violate the specific terms of this article. It is specifically understood and agreed that no paid time off shall be utilized for political lobbying at the local, state, or national level. The Department head will make reasonable scheduling adjustments and accommodations pursuant to ABL requests to allow authorized Association Representatives to participate on behalf of the Association to attend scheduled Meet and Confer negotiating sessions, subcommittee meetings, and joint Labor /Management Committee sessions between the Association and the City. The Association President or his /her designee may be granted reasonable time off pursuant to an ABL request during working hours to investigate and process grievances, to attend Civil Service, Arbitration, or Court Hearings and to represent Association employees in disciplinary action provided that the President or his /her designee shall request permission from his Battalion Chief. Whenever possible, notification is to be made prior to or at the beginning of a shift. The officers of the Association may be granted ABL for membership meetings of the Association that take place when such officers are scheduled to be on duty. This leave with pay shall be limited to one (1) meeting per month not to exceed two (2) hours per meeting. ABL may be granted to three (3) Association representatives to attend the TSAFF Convention and to two (2) Association members to attend the IAFF convention, three (3) to attend the TSAFF Leadership Conference, two (2) to attend the TSAFF Service Training Class, two (2) to attend the IAFF Affiliate Leadership Training Seminar, and two (2) to attend the IAFF Redmond Symposium. The Association shall endeavor to conduct all necessary Association business during the non- working time to the greatest number of Firefighters required for such business to the greatest extent possible. 31 Section 3. Written Request Required All requests for ABL must be in writing and submitted at least three (3) days in advance to Fire Administration but requests should be made as soon as possible. To be considered timely, the request must be received in person, by fax, or by e -mail by noon of the day notice is due. Section 4. Approval of ABL Requests The Department head or the Department head's designee will review timely ABL requests to determine approval based on operations, staffing, training or other scheduled Department functions. 32 ARTICLE 15 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and Association recognize that from time to time disagreements between the Parties may arise as to the application or interpretation of this Agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. 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 or review is afforded by Chapter 143 of the Texas Local Government Code are excluded from the scope of this article. Section 2. Application of Procedure If the Association has a dispute with the City regarding this Agreement, the Association Executive Board, or Association's President's designee, should reduce the dispute to writing and deliver it to the City's designated representative, who shall be its Department head or designee. A Firefighter or newly classified employee under Article 2 in the Department 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 the facts or events on which it is based; 2. the sections(s) of the Agreement 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 Executive Board, the signature of the Association President or designee. Any claim or dispute by a Firefighter or newly classified employee under Article 2 or group of Firefighters or newly classified employees under Article 2 under this Agreement which includes a claim for pay or benefits for any past pay periods must be filed by the employee with the Association Executive Board within fifteen (15) business days of the date when the employee knew or reasonably should have known of the claim. Disputes by the Association Executive Board, Firefighter, or a newly classified employee under Article 2 shall proceed along the following steps: Step 1. An aggrieved Firefighter or newly classified employee under Article 2 must initiate a dispute with the Association Executive Board within fifteen (15) business days of the date upon which the Firefighter or newly classified employee knew of or should have known of the facts 33 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 Committee within three (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 of receipt of the dispute. If the Association determines that no dispute exists, the grievance will be deemed denied and it shall notify the Department head in writing that no further proceedings will be necessary. If the Association Executive Board determines that the dispute is valid, it will notify the Department head of such and forward a copy of the grievance to the Department head within fifteen (15) business days after determination. Step 2. Any dispute found to be valid by the Association Executive Board shall be submitted to the Department head within fifteen (15) business days of the Step 1 decision. After receipt of the dispute, the Department head shall within fifteen (15) business days submit his /her response in writing to the Association Executive Board. If there is no timely reply from the Department head the grievance is deemed denied and will proceed to the next step as indicated. 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 fifteen (15) 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 Executive Board within fifteen (15) business days of the receipt of the dispute in Step 3. The City Manager or designee may, at his /her discretion, conduct a conference to further explore 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 fifteen (15) business days from the Department head's response or the City Manager's response. The mediation will proceed before either a mediator with the Federal Mediation and Conciliation Service or before a mutually agreed mediator. The mediation shall be held in available facilities of the City of Denton. Step 5. If the dispute is not resolved at Step 4, the Association Executive Board shall have fifteen (15) business days from the date of mediation to determine whether it will pursue the dispute under this article through arbitration. Under this step, the Association Executive Board must deliver a letter indicating its election to proceed to arbitration to the Department head and City Manager. Section 3. Arbitration Option The Parties have agreed that all disputes under this Agreement, which concern the application and interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties exclude from 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 Agreement, and any factual issues which are determinative in applying the Agreement, shall be the sole province of the designated arbitrator, and his or her decision shall be final. However, the City will only agree to arbitration on the condition that legal issues which 34 are determinative in any contract dispute are subject to judicial review. This additional exception to the Parties' arbitration Agreement is a narrow one, as reflected by the bargaining history. This contract represents an agreement to submit disputes to arbitration within its scope, and otherwise preserves the existing jurisdiction of Texas Courts over any contract rights and claims not exclusively committed to arbitration. The Parties have agreed that questions of law, which involve either the interpretation and application of state statutes 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 initially to arbitration, but that either party shall have a limited right 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 six (6) qualified neutral arbitrators. The process will be as follows: the Association shall strike the first name under this article with the first dispute brought under this article. Thereafter, the first strike shall alternate between the Parties. The panel list is attached as Exhibit "A" to this Agreement. Should any panel member subsequently refuse or be unable to continue to serve on the panel, the Parties may mutually agree to his 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 agreement. Upon written request delivered at least fourteen (14) calendar days prior to the date of the hearing, a party to the proceeding shall provide, no later than seven (7) days prior to the hearing, to the opposing party the names and addresses of witnesses expected 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 grievance. Should the opposing party not agree to provide the requested information within seven (7) calendar 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 Texas civil cases. In considering the application, the arbitrator shall consider the burden and expense 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) calendar days prior to the hearing, unless agreed 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 35 arbitrator's written decision shall be based on a preponderance of evidence within thirty (30) days after close of the hearing, or after receipt of post- hearing briefs if applicable. 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 Agreement. The arbitrator shall not have authority to modify the Agreement or create additional provisions not included in the Agreement. 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 arbitrator. Each Party shall be responsible 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 arbitrator shall be final and binding on both Parties and may not be appealed by either Party, 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 extended by mutual agreement by the Parties. Section 6. Grievances of Non - Association Members Grievances of Non - Association members must follow the same procedure outlined by this article. However, should the grievance of a Non - Association member require that Association resources be used, the Non - Association member will be required to pay all expenses incurred while pursuing final disposition of their grievance. These shall include cost for payment of Arbitrator fees, counsel fees and any other fees directly related to the grievance. All disciplinary appeals shall follow the procedure as outlined in chapter 143 of the Local Government Code. 36 ARTICLE 16 TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2015, and shall remain in full force and effect through September 30, 2019 and may be mutually extended by both Parties. 37 ARTICLE 17 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE AGREEMENT CLAUSE Section 1. Savings Clause 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 Agreement, which shall continue to be in full force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible to agree on a substitute provision. However, if the Parties are unable to agree within thirty (30) days following commencement of the initial meeting, then the matter shall be postponed until Meet and Confer negotiations are resumed. This deadline may be extended by mutual agreement by the Parties. To this end, the provisions of this Agreement are severable. This Agreement may be amended by written mutual agreement. Section 2. Preemption Provision The provisions of this Agreement shall supercede the provisions of any statute, Executive Order, local ordinance, or rule, which are in conflict herewith, including for example 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 Firefighter's Civil Service Commission for the City of Denton, Texas. This preemption provision is authorized by section 142.117 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 obtain, in the absence of this Agreement. This provision is of the essence to the bargain and Agreement, which has been reached. Section 3. Complete Agreement Clause The Parties agree 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 Agreement. 38 SIGNATURE & EXECUTION PAGE THE FOREGOING INSTRUMENT HAS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: "1'111'4 . "1TV OU' DENTON .IEXAS (Approved by Denton City Council oil of 0 2015) ry B (.� l;t)RG[ C Dated. did Y: CITY MANAGER d NN J I "} -R A, l 1 5 1 "Y SEC I,T ICY Dated: Dated: ROBIN 'At.)—, (MOVE FIRE G1 IIEF B Y Dated: — CITY ATTORNEY THE DENTON FIRE FIGII" "1j,1 `-�k SOCIAT:I( N (16t tiied ))y° )FFA M„ n5li 11 �..� )J" A4 d fJ J J 2015) �:.... By: Dated _..... JAS °t BALLARD D �,N`F I J0 3HTERS ASSOCIATION B Dated M F HG= LDSCLAW SECRETARY DENTON FIRE FIGHTERS ASSOCIATION 39 Norman Bennett Donald Goodman John Barnard Mark Sherman John Allman Louis Berman Wolitz EXHIBIT A PANEL OF ARBITRATORS 40 EXHIBIT B NEPOTISM POLICY POLICY ST&TEMENT- Jam M-M ma IWAU-Mw to heads of departments in their respective departments." In a department comprised of more than one operational division, an applicant related within the second division will not be eligible for employment within ihe same division. An applicant for a job in a department 41 a I I C 1 11 VRAMiWFWAW1turM11U R111"p-0 TMIUMMIUM period of e itiployment does not exceed 120 days within a twelve month period. t ofalTinity or the (bird degree of consanguinity to any membef of the board, 1HMME=1`:1M3M3MMz= imq �Dz a"R Moth, r Son 41 TITLE: NEPOTISM REFERENCE NUMBER, 102-08 Brother sisser Gnindfalher () 17tridn I ofl w r Orands,on Granddaughter Ro Ai'fk;tiV y(Mamia&weRelat.lon-ships) spollse Stcp cldldrcn Mother-in-law hither-in-law son-in-jaw rklugllla-,in-law llrothcf-in-lmv Sister-in-law (3nindfiahcr-in-law Granddnughtcr-in-law 42 TITLE� NEPOTISM VI 11, Ifioperatioral divisions"within a department will be determined 4y that department's orgariLzalional chart and are not necessarily equivalent to a department's budgetary divisions. 11,1. An applicant shall be required to list all relatives related within the third degree of consanguinity and within the "cond degive ofaffinity who are eiriployed by the oky or seming on. a board or wirimission on his or her application for employment, Failure of an applicant to list all applicable relatives employed the City or serving on a board or commission shall result in the disqualification of the applicant fbr which he or she has applic4. -1,24, 'Ulu VI. BOARDS AND COMMISSIONS If employee is already employed with the City of Denton, then the employee is not required to transfer or resign upon the appointment of a relative to a board or rommissim However, an employment in the operational division,which serves astl.w liaison to the board ot commiss[on. VII. If the City institutes a reorganization that c1mages operational divisional or deparimental bounduries. and an employee would tlwn be workiii'lp within the same openiflonal division as, or supervising, a memb4n-oFhis(hcr immediate family, one of ilie affected employees must transfer to another operational division. 'Me six (6) month period, to arrange -.a trinsfer may bp extended in 30- a 2' I� mlff;m TITLE., NEPOTISM REFERENCE NUMBER: 1 102.08 VOL Temporary and seasonal employ= of the City orDenton shall be partially exempt in that two or more members of the same family who are related within The second degree ofafflnity a"d third degree of consangilinity may W employed within Me samc operatiDnal division as long as the follE wing apply. A No more dian onc of A c pomry an v rulatcd cmpluyees may be a regular (mon-t m d non- seasonal)employev of the operational division. related employees may not be in a direct reporting relaflon4tip'vvith Cach otW a second level report, or responsible in any manner for the scheduling, discipline, or work assignments for each other, and, C, 71w temporary andwoorial employees may not be employed by the operational division "I period lasting longer than 120 calendar days with in a 6yelve-month peritod. 44 EXHIBIT C Letter qfAgreenient This letter of agreement sets the terms and understanding between the City of Denton Fire Depaftment and the 1)4mton Fitt Fighters Association to wtjust thc current Civil Service FIro Pay Man f6r tile putpww of re"w1ving, Promotional pay and lmy inequilici in tank dIO'er-cntial beiNveoi (lie l"ircrighlor rank and Driver rank. This will be acevinplished kn„y inoreosing the, t,o,riy ranee or, miver step. A and Dn iver Step B tis oulkned in lixbRih I (NOW this increase will ako be applied to any other Fire civil rvice positions with pkly cqnjivatent to a Driver (i.e, File lwqlo:tor st'T"Cialist 11)), Both Parries agrce to to shanNI interest in further re6owing language for clarification during fkature elect and Confer discussions. This agreement is at-will, nnd may be nwdified by mutual consent of an thorn officials frGin the City of Denton Fire lie and the, Denton Fire Fighters Association. The agreerne W, shall becarne effective the beginning oft e poky miod followings-ignnture by the authorized officials frog n. the City of Denton Fire Depaminont and the Denton. Fim Fighters, Association pity I) nim i 0 f v � i Fire Department 11,rcs dent Denton Fire Fighters As,. ciation Attached: Exhibit 1— Revised FY 2014 1 201 5 Civil Service Fire Pay Ilan "Dedicaled to Quality.WrVice wsvw, 0t)x)fdrPdon com 45 City of Denton -Ize� CivilService.Hre Pay Plan DENTON FY 201412015 (Effiedive April 2.5, 2015) Rmised-,41151201S l'ime in Rank., Wfj Rj,,jp Lv 4 !dL_(h!e - "g) - g m L a 2928 annial how vtoded includ* FISA mmfirme hcAus (120 actal hmm we&M * 19 pay cyrles -196 Mimi hom qua * 8 pay cydes), '11z City adepted a 14 a y mick pexiod., Pa FT.S& tle m mm OVTV3.MW iS b Iqun*ff Gf pa y i r. -yr, k s ove, Wn e � Is w 0 � v i ced ( 18.) 1 c Mmixx of mwt.mz lwm, p:s. 120 immIr pay de ('g4) d bmirly rate e mAime mwb-, (U12) 46 SUZEM Min r. 1 ,F arcma.altae*n1,6 msre 577.,202 I"7 IM765,75 $82.369,43 emic ",0,4 8, 8 1 8 MA2 Shift Hourly, 25279 $7,6 1:9 i 2&371 3 641 art r 11 ott t Iv T'l f6 $18,359 $39-601� .. ................. A!nqahzed Kre SQ3,718 IV) 597,7611v9 $10'UO2,04 IVXYIU F'tre captair, Moutuy $TSGQ 84 WTOAD $8,483.50 ShM Flout ly 130, G's P $31.;0'61 $33134 40 •F our Houth, 4,45,057 $47,001 448 943 A mmhxM, R,Me $1010 6A 54 . .......... IM1,904,07 SI 17,114 70 . ...... 8 Five Baftallor, mandily $8„SG'6.21 $0,325.39 $0,75W,57 Chief - Shill'14budy $34,916 $36-84.2 $38348 Operations $51,29h $$3.O00 4,66-306 J l'ime in Rank., Wfj Rj,,jp Lv 4 !dL_(h!e - "g) - g m L a 2928 annial how vtoded includ* FISA mmfirme hcAus (120 actal hmm we&M * 19 pay cyrles -196 Mimi hom qua * 8 pay cydes), '11z City adepted a 14 a y mick pexiod., Pa FT.S& tle m mm OVTV3.MW iS b Iqun*ff Gf pa y i r. -yr, k s ove, Wn e � Is w 0 � v i ced ( 18.) 1 c Mmixx of mwt.mz lwm, p:s. 120 immIr pay de ('g4) d bmirly rate e mAime mwb-, (U12) 46 SUZEM o City of Denton C-fillService Fire Pa Plan y DENTON FY 20141201.5 (Effective.April 2.5, 20.15) Rmised- 41151291.5 307YEYL59 $105.2..D4 FIGOD46 Proh-.mficn 37,809,84 58,14tl 80 $648350 spemmilist 40-Houl FivurIv $41,057 $47,00, s'";4".1 C6,&N 54 $111, 67 $1 1 7,114,79 E n i U ,m Management S $8,891,21 $0,325.39 $9,759.57 Program Mgv $6180 $%.M5 D.1 ...... .... eputy Fin- AnnnfizedRate $106,59C54 $11 I,QD4,07 i�114 -171PI , C 0 �,5.j IMM � muffshal Montwy 1 $8,801,2 1 1 59,325 3 IM57 40-Haw Hmrky 1 $51,295 1 1,51,9001 SM305 Ad]Ufw !Q $%01,802qI14 Aa=k& 4 Recruding 3 [-O,SD070 I Management MAYBUY S8,140 I�TOM'483,50 j 4 470 41 01 L * Step marmet are based onamiwrwy date, "'fiminRMIL Mot v Prolklarshal and.DeprityFire Owief are nopi-dassifle4posidous. S'alanforeaclopositioPD%w'igbe Merughged by the Fire CIdef. Pwo 2 vf2 47 Position Tille Saljoif�,Typesl Aff- Tjj jot, 2Yeajls 4 Years 307YEYL59 $105.2..D4 FIGOD46 Proh-.mficn 37,809,84 58,14tl 80 $648350 spemmilist 40-Houl FivurIv $41,057 $47,00, s'";4".1 C6,&N 54 $111, 67 $1 1 7,114,79 E n i U ,m Management S $8,891,21 $0,325.39 $9,759.57 Program Mgv $6180 $%.M5 D.1 ...... .... eputy Fin- AnnnfizedRate $106,59C54 $11 I,QD4,07 i�114 -171PI , C 0 �,5.j IMM � muffshal Montwy 1 $8,801,2 1 1 59,325 3 IM57 40-Haw Hmrky 1 $51,295 1 1,51,9001 SM305 Ad]Ufw !Q $%01,802qI14 Aa=k& 4 Recruding 3 [-O,SD070 I Management MAYBUY S8,140 I�TOM'483,50 j 4 470 41 01 L * Step marmet are based onamiwrwy date, "'fiminRMIL Mot v Prolklarshal and.DeprityFire Owief are nopi-dassifle4posidous. S'alanforeaclopositioPD%w'igbe Merughged by the Fire CIdef. Pwo 2 vf2 47