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19-2190FILE REFERENCE FORM E 19-2190 Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other X FILE(S) 22-743 19-2190 2017-387 2015-260 2009-233 2006-290 Date 4-19- 2022 9-27- 2019 12-12- 2017 9-22- 2015 Initials EC EC EC EC ORDINANCE NO. 19-2 1 90 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE MEET ANDCONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton adopted an ordinance in August of 2015 approving a four (4) year Meet and Confer Agreement, as ratified by the Denton Fire Fighters Association, and will expire on September 30, 2019; and WHEREAS, the City Council of the City of Denton finds that entering into the attached Meet and Confer Agreement for a period of four (4) years would serve a valid governmental publicpurpose; NOW, THEREFORE, 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 as attached hereto, and made a part of this Ordinance by reference for all purposes. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. ThU;!;-Z: *;u=lib?In:;i=::'-=: h;:ZfZp:JJ:#ty ="til:::L'd„I:L]LL Aye V/ / L/ V/ Nay Abstain Absent Chris Watts, Mayor Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis. District 3 : John Ryan, District 4 / Z ,'/ Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: day ofPASSED AND APPROVED this the 2019 b ATTESTROSA RIOS CITY SECRETARY BY: . /22.%LJ„,'al , APPROVED AS TO LEGAL FORM: Meet and Confer Agreement Between The City of Denton And Denton Fire Firefighters Association, IAFF Local 1291 Fiscal Years 2019-2020; 2020-2021; 2021-2022; and 2022-2023 TABLE OF CONTENTS DEFrNITIONS ARTICLE 1 RECOGNITION ............... ARTICLE 2 TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED POSITIONS................................................................................................................................... 4 ARTICLE 3 LABOR/MANAGEMENT RELATIONS............................................................... 10 ARTICLE 4 HIRING PROCESS .......,. 11 ARTICLE 5 PROMOTIONS....................................................................................................... 16 ARTICLE 6 APPOINTED POSITIONS FOR ASSISTANT CHIEF.......................................... 19 ARTICLE 7 NEPOTISM............................. ARTICLE 8 SAFETY AND HEALTH ..................................... ARTICLE 9 DISCIPLINE.... ARTICLE 10 COMPENSATION ... ,. 22 ARTICLE 11 CERTIFICATION AND EDUCATION PAYS . ARTICLE 12 PENSION........................................... ARTICLE 13 DEFERRED COMPENSATION PLAN............. ARTICLE 14 ASSOCIATION BUSINESS LEAVE................. ARTICLE 15 CONTRACT rNTERPRETATiON DISPUTE RESOLUTION PROCEDURE... 31 ARTICLE 16 TERM OF AGREEMENT .....................................................................,....... 35 ARTICLE 17 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETEAGREEMENT CLAUSE ............................................................................................................ 36 ARTICLE 18 PAYROLL DEDUCTION ............................,.................... 37 EXHIBIT A ETHICS POLICY...................................................... 38 1 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. 3. “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 ServiceCommission. 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 isentitled 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 underArticle 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. 13. The term “personal relationship’ means a relationship between employees who mutually consent to a relationship which may include dating, romantic involvement and/or sexualrelations. 2 ARTICLE 1RECOGNITION 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. ARTICLE 2TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED POSITIONS Section 1. Intent In the Parties’ prior agreements and amendments, the Parties agreed to reclassify certain non-civil service civilian positions in the Fire Prevention Division and Administration Division to civilservice 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 The current civil service positions affected by this article include the following: • • • • • • • Fire Inspector Specialist I/Deputy Fire Marshal I, Fire Inspector Specialist II/Deputy Fire Marshal II, Fire Protection Specialist/Deputy Fire Marshal III, Deputy/Assistant Fire Marshal, Fire Marshal, Fire Community Service Officer, and Emergency Management Program Manager. Section 3. Fire Prevention Division Titles and Ranks (A) Fire Inspector Specialist I/Deputy Fire Marshal I Fire Inspector Specialist 1/Deputy Fire Marshal I will be equivalent to a Fire Fighter and shall have a salary at the current Fire Fighter base pay and applicable step pay. The applicable stepdetermination will continue to be based on the time in rank of Fire Fighter and Fire Inspector Specialist I/Deputy Fire Marshal I. (B) Fire Inspector Specialist II/Deputy Fire Marshal II Fire Inspector Specialist II/Deputy Fire Marshal II will be equivalent to a Fire Driver and shallhave a salary at the current Fire Driver base pay and applicable step pay. The applicable step determination will continue to be based on the time in rank of Fire Driver and Fire Inspector Specialist II/Deputy Fire Marshal II. (C) Fire Protection Specialist/Deputy Fire Marshal III Fire Protection Specialist/Deputy Fire Marshal Ill will be equivalent to a Fire Captain and shall have a salary at the current Fire Captain base pay and applicable step pay. The applicable step 4 determination will continue to be based on time in rank of Fire Captain and Fire Protection Specialist/Deputy Fire Marshal III. (D) Deputy/Assistant Fire Marshal Deputy/Assistant Fire Marshal will be equivalent to a Battalion Chief and shall have a salary at the current Fire Battalion Chief base pay and applicable step pay.. The applicable step will continue to be based on the time in rank of Battalion Chief and Deputy/Assistant Fire Marshal. (E) Fire Community Service Captain Fire Community Service Officer will be equivalent to Fire Captain, and shall have a salary at the current Fire Captain base pay and applicable step pay. The applicable step will continue to be based on time in rank of Fire Captain and Fire Community Service Officer. (F) Filling Fire Prevention Division Vacancies ( 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 beconsidered 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. (a) Firefighters or newly classified employees may voluntarily transfer to the FirePrevention Division or within the Fire Prevention Division. (b) The Department head may make an assignment to that position from the OperationsDivision 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 : 5 • • • • Fire Inspector Specialist I/Deputy Fire Marshal I = Fire Fighter Fire Inspector Specialist ll/Deputy Fire Marshal 11= Driver Fire Protection Specialist/Deputy Marshal Ill and Fire Community Service Officer = Captain Deputy/Assistant 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 ManagementProgram 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 thepositions of Fire Marshal or Emergency Management Program Manager shall be filled by 6 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 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 daysfrom 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 ovenuling the Department head’s decision to seek an external candidate. The standard of review by the commission is whether the 7 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 Agreement. It is the intent of the Parties that, a Firefighter does not gain rank or lose rank by transferring between Divisions. Section 6. Commissionts Role. The commission may adopt rules under this article providing for the efficient administration ofthis article. Section 7. Statutory Override. To the extent this article continues to reclassify the current positions of Fire Inspector Specialist I/Deputy Fire Marshal I, Fire Inspector Specialist II/Deputy Fire Marshal II, Fire ProtectionSpecialist/Deputy Fire Marshal III, Deputy/Assistant 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 positionsof 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 8 Inspector Specialist II, 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 5 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/Deputy Fire Marshal 1, Fire Inspector Specialist II/Deputy Fire Marshal II, Fire Protection Specialist/DeputyFire Marshal III, Deputy/Assistant Fire Marshal, Fire Community Service Officer, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager. ARTICLE 3LABOR/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 todiscuss 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, 4, 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 operationaldecisions Local Civil Service Rules shall be evaluated biennial. 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. 10 ARTICLE 4HIRING 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 Chiefs Interview. The parties believe a determination by the Oral Interview Boardand 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 provisionsof this article. Section 3. Written Examination and Commission List (a) Written Examination Military and Additional 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%). 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. (1) Military Points 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. (2) Additional Points a. An additional one (1 ) point shall be given to an applicant that completed the Denton Independent School District High School Fire Program, and obtained certification through the Texas Commission on Fire Protection, or b. An additional one (1) point shall also be given for completion of the Denton Independent School District High School-EMT Program, and obtained certification through the Texas Department of State Health Services. (3) Residency Points 11 a) An additional one (1) point shall be given to an applicant that resides within the City of Denton (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. 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. Ifless 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. 12 (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 Chiefs Interview, then the Department head shall proceed under section 4(b) of this article to identify the next fifteen (15) applicants with the highestranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department’s Hiring Guidelines. 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 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 may invite an Assistant Fire Chief(s) and/or one or more Battalion Chief(s) to attend the Fire Chiefs 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 Assistant Fire Chief and/or BattalionChief will be included in the Chiefs score. This score will be the final Chiefs 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 Chiefs Interview score and multiply that score by .30 to account for thirty percent (30%) of the applicant’s final overall score (see below). 13 (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 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 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 supersedes 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 Chiefs 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 Chiefs Interview as outlined in this article; section 143.025(b) to base the eligibility list on the Oral Interview Board and Chiefs 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 Chiefs 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(i) 14 to provide for an Oral Interview Board and Chiefs 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 Chiefs Interview final overall score as a basis for the applicant’s selection, and to eliminate the 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. 15 ARTICLE 5PROMOTIONS 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 positionsaddressed 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 provisionsof this article. Section 4. Minimum Qualifications (a) For the promotion to the rank of Fire Driver, the Fire Driver pre-requisites shall require thecandidate 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. (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. (ii) The candidates shall hold an active certification by the Texas Commission on Fire Protection as a Fire Officer II; and (iii) Beginning on the 2021 promotional exams, candidates for the Fire Captain examination, must have a completed and signed DFD Company Officer Professional Development Task Book on file with Training Division prior to sitting for the examination. 16 (iv) Beginning on the 2021 promotional exams, candidates for the Battalion Chief examination, must have a completed and signed DFD Battalion Chief Professional Development Task Book on file with Training Division prior to sitting for the examination. (v) A newly classified employee in the Prevention Division is exempt from therequirements under subsection(ii) and (iii) above in order to be eligible to take the promotional examination for Fire Battalion Chief classification. 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-requisitesestablished. 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 first Tuesday in March. The Fire Battalion Chief promotional list shall remain in effect until the date of the next promotional examination unless otherwise exhausted. Each fire fighter is entitled to receive onepoint for each year of seniority, with a maximum of 10 points (b) Fire Captain Written examinations for the rank of Fire Captain will be held on the first Wednesday in March. The Fire Captain promotional list shall remain in effect until the date of the next promotional examination unless otherwise exhausted. Each fire fighter is entitled to receive one point for eachyear of seniority, with a maximum of 10 points (c) Fire Driver Written examinations for the rank of Fire Driver will be held on the first Thursday in March. The Fire Driver promotional list shall remain in effect until the date of the next promotional examination unless otherwise exhausted. Seniority points shall be determined by years of service as a Fire Fighter, up to a maximum of 10 points. (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 extraordinary weather events or other emergencies. In the event of a rescheduling, no further notice of theexamination 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 17 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.Written Promotional Exam Appeal Procedures All test questions will be graded with either one best answer correct, multiple answers correct, or all answers graded correct. Section 9. Eligibility List When a vacancy occurs in a non-entry 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 supersede 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 non-entry position in the Fire Department. Section 10. Statutory Override This article supersedes 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 143.033 to provide for the application of seniority points to the extent that any provision of this article may be deemed to conflict with this statutory section; 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. 18 ARTICLE 6APPOINTED 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 supersedes Section 143.014(c). Newly classified employees are ineligible to be considered for this appointment. 19 ARTICLE 7NEPOTISM & PERSONAL RELATIONSHIPS Section 1. Purpose The Denton Fire Department through employment, promotion, or transfer, 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 to avoid inappropriate conflicts. 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 10.00 dated April 17, 2018 attached as Exhibit A, and agree this article applies to a Firefighter as defined in this Agreement or a position reclassified newly classified employee in Article 2. Personal Relationship refers to dating or intimate relationship. Section 3. Appointment of Relatives to City Employment Members of the Department are prohibited from participating in, contributing to or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions affecting a member who is a relative or with whom they are involved in a personal relationship. Section 4. Supervisory Relationships Members shall not directly supervise or occupy a position in the line of supervision of a relative or with whom they are involved in a personal relationship. Supervision includes participation in a hiring decision, promotional decision, disciplinary decision, or preparing or influencing a performance evaluation. 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 during emergency operations is put aside. Regardless of the immediate supervisory relationship, members shall not participate in a decision involving the financial interest of a relative or with whom they are involved in a personal relationship, including hiring, promotion, discipline and pay increases. In addition, members shall not attempt to influence others in a financial interest of a relative or with whom they are involved in a personal relationship. 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. 20 ARTICLE 8SAFETY 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 theIAFF/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 Health, Safety & Wellness Committees, 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) Superior Rating. 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. 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. 21 ARTICLE 9DISCIPLINE 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 hundredand 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 anact (not related to criminal activity) that occurred more than one (1) year before the date of disciplinary action. Section 3.Association Representation Should a firefighter be called in and questioned as part of any investigatory interview related to disciplinary of employee, the following rules apply: Rule 1: The firefighter will be given notice of all interviews. As part of the notice, the firefighter will be advised that they have a right to bring association representation with them to the interview. Rule 2: The firefighter must make a clear request to the Department Head for association representation before or during the interview. The firefighter cannot be punished for making this request. Rule 3: After the firefighter makes the request, the Department Head or designee shall choose from among three options: • • • grant the request and delay questioning for a reasonable amount, up to two hours, of time until the Association representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the firefighter; deny the request and end the interview immediately; or give the firefighter a clear choice between having the interview without representation or ending the interview. 22 Rule 4: if the Department Head or designee denies the request for Association representation, and continues to ask questions, it shall be considered a breach of this Agreement and the firefighter shall have the right to refuse to answer questions. The Department Head or designee may not discipline the firefighter for such a refusal and is prohibited from using any answers the firefighter provides in response to such questioning in any future disciplinary action. Section 4. Statutory Override Section 1 of the article supersedes 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 supersedes 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 supersede 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. 23 ARTICLE 10COMPENSATION 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 Fire fighters 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 surveyto 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. (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 24 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 5. 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 TexasConstitution, 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. 25 ARTICLE 11CERTIFICATION AND EDUCATION PAYS Section 1. Certification or Education Pay Each Firefighter or newly classified employee eligible for Certification or Education pay shall be granted both certification and 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. Certification and Education pays shall be cumulative. 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) Each Fiscal Year: Certification : Intermediate–Fire $ 1,080.00 annualized rate $90.00 monthly rate Advanced–Fire $ 1,800.00 annualized rate $150.00 monthly rate Master–Fire $2,520.00 annualized rate $210.00 monthly rate Education: 30 hours toward degree $720.00 annualized rate $60.00 monthly rate Associates Degree $ 1,080.00 annualized rate $90.00 monthly rate Bachelor’s Degree $ 1,800.00 annualized rate $150.00 monthly rate Master’s Degree $2,520.00 annualized rate $210.00 monthly rate Section 2. Statutory Override Sections 1 and 2 of this article supersede 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. 26 Article 12 Pension Section 1. It is the intent of the parties to develop and adopt a funding policy for the DentonFireman’s Relief and Retirement Fund (DFRRF) which achieves a 100% funding ratio over a closed 25-year amortization period. Section 2. The City will maintain its current contribution level to the DFRRF to 18.5% of compensation. Each year of this agreement, the City’s contribution level will be based on an actuarial study which calculates the rate needed to amortize all unfunded liabilities over the 25 year closed amortization period. However, the contribution rate will not be lowered based upon actuarial experience until the amortization period is 20 years or less. Section 3. The DFRRF will commission an actuarial analysis every two years, commencing with a valuation as of December 3 1, 2019, to determine the contribution level required to achieve a 100% funding ratio over a closed 25-year amortization. The City will review the actuarial report, and if the report and contribution level is determined to be reasonable, the City Council will formally approve the actuarial report. The City’s contribution rate will then be adjusted to this level on October 1st of the subsequent fiscal year following the submission of the analysis. Any change to the contribution level is subject to final approval by the City, but in no event will thecontribution level be less than the City’s actual contribution rate to the Texas Municipal Retirement System for that fiscal year, nor shall it fall below the minimum rate established underArticle 62436, Sec. 29(b), Vernon Texas Civil Statutes. If the contribution rate is set at the Texas Municipal Retirement System for any fiscal year, then the actuarial analysis will be commissioned for the following fiscal year, and then resume its biennial schedule. If the City Council does not approve the actuarial report, the City and the DFRRF mutually agree to discuss potential changes which would satisfy any deficiency. However, any additional analysis or reports required by the actuarial firm will be paid by the City. Section 4. The DFRRF agrees that it will not approve any benefit enhancements during the term of this Agreement, and may be mutually extended by all parties. Section 5 6.75tYo. The parties will utilize an investment rate of return assumption of no greater than Section 6. If the performance of the Fund exceeds expectations, the contribution rates will not be reduced until the amortization period is 20 years or less. In other words, any actuarial gains will be used to pay down unfunded liabilities rather than reducing the contribution rate during the first 5 years of the amortization period. Section 7. This addendum does not modify any other provision of this Agreement except those specifically modified herein. 27 ARTICLE 13DEFERRED COMPENSATION PLAN Section 1. Optional Retirement Program The City will continue to make available the IAFF Financial Corporation 457 Plan ("I AFF 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. 28 ARTICLE 14ASSOCIATION 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 shall 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 TS AFF 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. 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 leave recommended under this Article may be reduced accordingly. 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. 29 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 Departmentfunctions. 30 ARTICLE 15CONTRACT 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 andcome from the Association Executive Board. Each dispute shall be submitted in writing, and must include, at minimum, the followinginformation: 1 2 3 4. a brief statement of the dispute and the facts or events on which it is based; the sections(s) of the Agreement alleged to have been violated; the remedy or adjustment sought; and 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 aclaim 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 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 31 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 afterdetermination. 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 are determinative inany 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 32 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 a list providedby the American Arbitration Association. 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 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 theapplication, 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 begoverned 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 thirty (30) days after closeof the hearing, or after receipt of post-hearing briefs if applicable. 33 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 partecommunications 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. 34 ARTICLE 16TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2019, and shall remain in full force and effect through September 30, 2023 and may be mutually extended by both Parties. 35 ARTICLE 17 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETEAGREEMENT 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 fullforce 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 theParties. 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 supersede 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 GovernmentCode, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superseding 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, advanceand 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. 36 ARTICLE 18PAYROLL DEDUCTION Section 1. Payroll Deductions The City shall bi-weekly deduct an amount from the pay of each individual firefighter who has voluntarily authorized such deduction for remittance to the Association, by submitting a FireAssociation Payroll Deduction Form. The amount of dues pay deducted from each member of the Association shall be an amount authorized by the Board of the Association. The dues deduction shall remain constant until the City is notified in writing by an authorized member of the Board to change the dues deduction amount. The Association may change the amount of dues deduction with thirty (30) calendar days notice to the City. In addition to dues deduction, a firefighter may request an additional amount deducted bi-weekly for remittance to the Association. This additional amount cannot be changed unless requested in writing by the firefighter. After execution of this Agreement, firefighters who wish to join the association will complete and sign the Fire Association Payroll Deduction Form to authorize the bi-weekly deduction amount. Firefighters who are having dues deducted as of the date of this agreement is ratified will not be required to submit new dues deduction forms. 37 SIGNATURE & EXECUTION PAGE THE FOREGOING INSTRUMENT HAS BEEN DULY NEGOTIATED, REVIEWED,AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: THE CITY OF DENTON. TEXAS . . ( Jr!IF\L P P r 0 V e d b y ]:) e nt O n C i t y 8 0 U n C i 1 on agodpa@C92019 ) By £#'FqI£Mk\Dated CITY MANAGER /k?a _d?;vROSA RIOSCITY SECRETARY APPROVED: KENNETH HEDGES Dated:P/;r//7 FIRE IF ~„. ?/}Co rf qBy:)TARON LEALCITY ATTORNEY D„,d, R/ lb/z.tq Dated:WARD MORTONSECRETARY DENTON FIRE FIGHTERS ASSOCIATION I r=' /*.q EXHIBIT A ETHICS POLICY CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE PAGE 1 OF 14 SECTION SUBJECT TITLE: REFERENCE NUMBER:10.00 LAST REVISION DATE: POLICY STATEMENT Public service is a public trust of which all City employees are stewards. It is essential that the public hasconfidence in those who act on their behalf in government. It is the City’s policy to promote, uphold, and demand the highest standards of ethical behavior from all employees. The purpose ofthis policy is to set ethical expectations and guidelines, foster an environment of integrity and impartiality, and thereby enhance the City’s ability to function effectively. By promoting the City’s values, and prohibiting conduct incompatible with the best interest of the organization and public, risks are minimized and public trust is strengthened. Each City employee must strive to adhere to the technical compliance and principles set forth in this policy. It is not the purpose of this policy to provide a mechanism to defame, harass, or abuse employees, or to exploit personal grudges. This policy is not all-inclusive. It is supplemental to all applicable City policies, ordinances, and State/Federal laws and regulations. Employees are expected to use reasonable judgement for decisions that are not outlined in this or other City policies. Other policies may be referenced for more detailed information. ADMiNiSTRATIVE PROCEDURES 1. Conflicts of Interest A conflict of interest is a situation in which personal, and/or financial, considerations have the potential toinfluence or compromise professional judgment or actions. Conflicts of interest are challenging organizational concerns because they are subject to sensitivities based on perception. In order to managethe associated risks, real or perceived, it is the City’s policy to address conflicts of interest throughdisclosure and recusal. A. General Rules Employees shall be proactive and transparent with any relationships that are a potential conflict of interest. Employees shall avoid actions or conduct that they know, or should know, is likely to impact the personal or financial interests of: • The employee; • The employee’s spouse, child, parent, or member of the household; • An outside client or secondary employer of the employee; HR/POLICY/10.00 APPROVED BY: (RESOLUTION #) 38 PAGE 2 OF 14 DIRECTIVE (ContinuedPOLICY/AD:'RATIVE PROCEDURE/ADMINIS' EthicsTITLE: • A client or employer of the employee’s spouse, chi]d, parent, or member of the household; • An entity for which the employee serves as an ofTicer, director, or policy maker; • A board or committee to which the employee is appointed; or a person or entity with whom the employee or their spouse solicited, received, or accepted an offer of employment or business opportunity within the past twelve (12) months. B. Disclosure and Recusal Employees shall proactively report by submitting a disclosure form for any relationship that presents a potential conflict of interest as soon as they are aware of the conflict. Employees involved in a purchase or solicitation must submit the required disclosure forms before any solicitation material will be shared with them. The disclosure forms will be reviewed by Purchasing, Compliance, and Legal to determine if a conflict exists. If a conflict is identified, the employee will be recused from any decision-making, influence, or solicitations that involve the vendor or individual(s) identified in the conflict. C. Training Employees shall complete annual training regarding this policy. 11. Private Interests • • • • • • Employees shall not use their position with the City to receive special treatment for themselves or anyone else; Employees shall not use their position with the City to unfairly hurt the private interests of another; Employees shall not represent a private interest before the City for compensation; Employees shall not present private interests to Council, boards, or committees that conflicts with duties, assignments, or projects for which they are involved and/or have decision making authority; Employees shall not assert or imply they have the ability to influence City action on any basis other than the merits; and Decisions on behalf of the City shall be made on the merits of the issue, not on any personalconsiderations. III. Nepotism In order to prevent conflicts of interest, to avoid accusations and perceptions of biased oonduct, and to maintain the confidentiality of restricted information, employment of certain related persons by the City, or within designated City departments, is not allowed. The provisions of this policy apply to persons from outside the City workforce who are applying for employment, or re-employment, with the City, as well as those employees applying for or transferring to other positions within the City. No person shall be appointed to an office, or tx employed by the City of Denton, who is related to any member HR/POLICY/10 00 39 PAGE 3 OF 14 bTIVE PROCEDURE/ADMINIS'I) IRIJPOLICY/AD:fE (Continued R 'E NUMBER:EthicsTITLE 10.00 of the City Council or the City Manager within the third degree of affinity (“marriage”) or consanguinity (“blood”), and this shall apply to heads of departments in their respective departments. In a department comprised of more than one operational division, an applicant related within the third degreeof marriage or blood to a City employee employed in that operational division will not be eligible for employment within the same division. An applicant for a job in a department consisting of one operational division who is related within the third degree of marriage or blood to an employee of the department will not be eligible for employment in that department. At the discretion of the department head, and with the approvalof the City Manager, or designee, stricter guidelines for business reasons may be instituted as long as the reasons are not illegal or discriminatory. An applicant for a temporary or seasonal position within an operational division of the City may be eligible for the position, without regards to kinship of other employees within that operational division, as long as the period of employment does not exceed 120 days within a twelve-month period. An applicant for a job in an operational division that reports to or serves as staff liaison to a City board or commission is ineligible for employment in that division if the applicant is related within the third degree of marriage or blood to any mem hr of the board. NOTE: Nepotism guidelines as defined in approved Meet and Confer agmements will supersede this policy. A. Kinship For the purposes of this policy, the following shall constitute familial relationships: HR/POLICY/10 00 40 PAGE 4 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/AD] EthicsTITLE I ,TIVE DIRECTIVE (Continued Tm W Relationships by Blood Relationships by Marriage 3'd Degree • Great grandparents• Great grandchildren • Uncle • Aunt • Nephew• Niece • First cousin 211d Degree + Siblings(including % siblings) • Grandparents • Grandchildren 1 st De1 • Parents • Children (includwadoption) 1 st Degree Spouse(legal or common-law) Step Parents StepChildren Parents-in- law Son-in-law Daughter-in-law fq)egree e Brother-in-law• Sister-in-law • Grandparents-in-law • Grandchildren- in.law Great grandparents-in-law Great in-law Uncle-in-law Aunt-in-law Nephew-in-law Niece-in-law First cousin- e grandchildren- in-law • e • e e • e • • • e • YOU B.“Operational divisions” within a department will be determined by that department’s organizational chart and are not necessarily equivalent to a department’s budgetary divisions. C.An applicant shall be required to list on their application for employment all relatives related within the third degree of marriage and blood who are employed by the City, serving on the City Council, or serving on a board or commission. Failure of an applicant to list all applicable relatives ernployed by the City, or serving on a board or commission, shall result in the disqualification of the applicant for the position for which they have applied. D. No current employee may be appointed or promoted to any supervisorls span of responsibility who is related within the third degree of marriage or blood to that supervisor. E.In the event of promotion or marriage between two City employees, the following shall apply: 1.If the affected employees are employed in different departments, or different operational divisions of a department, those employees may remain with the City and their job positions will remain unaffected by the marriage or promotion. 2.At the discretion of the department head, married employees may remain and work in the samedivision or department provided that one is not directly reporting to the other and neither is in the same chain of command. The afFected employees may report to the same department head. If however, the affected employees are unable to meet these criteria, then one must seek a transfer HR/POLICY/ 10 00 41 PAGE 5 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/AD] EthicsTITLE 'RATIVE DIRECTIVE (Continu to another division of that department or another department, This decision shall be made and agreed upon by those employees involved. An employee seeking a transfer will be considered for any City position for which the employee is qualified but cannot remain in the existing division for more than six (6) months. Qualifications being equal, the transferring employee shall be given preferential treatmen!. If a suitable position cannot be found by the end of this period, one of the two must terminate, or be subject to reassignment, if another position is available. Reassignment is subject to the discretion of the City Manager and based on the individual's skills and qualifications. F.Relatives of City Council, Boards or Commissions If an employee is already employed with the City, and has been employed with the City at least six (6) months, then the employee is not required to transfer or resign upon the appointment of a relativeto City Council, a board, or commission. However, an applicant of a relative of an existing City Council member, board member, or commission member is not eligible for employment in the operational division, which serves as the liaison to the City Council, board, or commission. G. Relatives of City Manager or Department Head If an employee is already employed with the City, and has been employed with the City at least six (6) months, then the employee is not required to transfer or resign upon the hiring of the City Manageror department head who is a related to the employee within the third degree of marriage or blood. However, the employee may not report directly to their relative. H.If the City institutes a reorganization that changes operational divisional or departmental boundaries,and an employee would then be working within the same operational division as, or supervising, a member of their immediate family, one of the affected employees must transfer to another operational division. The six (6) month period to arrange a transfer may be extended in 30-day increments with the approval of the City Manager, the department director, and the supervisor. The extension shall not exceed 90 calendar days. If a transfer is not possible, one of the employees will be subject to mandatoryreassignment. If this is not possible, one of the employees will tx subject to dismissal. The determination of which employee shall be reassigned or terminated will be based upon the businessinterest of the operational division. 1.Temporary and seasonal employees of the City shall be partially exempt in that two (2) or more members of the same family who are related within the third degree of marriage or blood may be employed within the same operational division as long as the following apply: 1. No more than one of the related employees may be a regular (non-temporary and non-seasonal) employee of the operational division. HR/POLICY/10.00 42 PAGE 6 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINI:DIREUIW (Continued EthicsTITLE 2. The related employees may not be in a direct reporting relationship with each other, a second level report, or responsible in any manner for the scheduling, discipline, or work assignments for each other; and, 3. The temporary and seasonal employees may not be employed by the operational division for a period lasting longer than 120 calendar days within a twelve-month period. IV. Gifts, Meals, and Events A. Gifts or Favors Employees shall neither solicit, nor accept, gifts or favors offered from an individual, business, or organization due to their position with the City (See Exceptions). A gift is defined as any tangible or intangible thing that can be reasonably inferred as benefitting the employee and/or influencing the employee’s judgement or actions. This includes but is not limited to cash, cash equivalents, merchandise, food baskets/trays, meals, transportation, lodging, entertainment, use of facilities or property, and discounts. A favor is defined as performing an action, taking an action, or refraining from an action in a manner advantageous to an employee, customer, business, or organization in a manner atypical of normal business practices or policies. Examples include, but are not limited to, waiving charges or fees or providing non-public information that could be used for financial or political gain. There are a few exceptions to the gift prohibition. Employees should use their best judgement of what meets this criteria and ask for clarification from their supervisor, Compliance, or Human Resources, when needed. Exceptions include: • • • • Items offered or received at an internal, City-sponsored event hosted for employees (e.g., Benefits and Wellness Fair); Items included in event registration and available to all attendees (e.g., conference “swag bags”); Marketing items of nominal value that are widely distributed via mail or at events (e.g., pens, notepads, or keychains); Perishable items given by member(s) of the public or a civic organization expressing general appreciation to a department, office, or work group. HR/POLICY/1 0 00 43 PAGE 7 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/AD' EthicsTITLE ,TIVE DIRECTIVE (Continued • Items received by an employee under circumstances independent of their position with the City (e.g., received from a friend, relative, or independent business relationship); or • Discounts that are available to all City employees; see the City’s solicitation policy (1 14.01). B. Meals Employees shall neither solicit nor accept meals offered from an individual, business, or organization due to their position with the City (See Exceptions). Employees shall further manage the appearance orrisk of impropriety by avoiding meals and/or social functions with individuals, businesses, or organizations that can be reasonably inferred as benefitting the employee and/or influencing the employee’s judgement or actions. Limited exceptions include: • • • • • The meal is provided as part of an approved event, is included in the event’s itinerary and registration, and is available to all attendees; The meal is essential to business needs or cannot be avoided in the process of performing essential duties (each party or their organization must pay for their own meals and disclose); The meal discount is part of a campaign or corporate policy for City employees; The meal is included as part of a community event where attendance by the employee is required as part of their essential duties; The meal is discounted or gifted for reasons independent of the employee’s position with the City; C. Events Attendance of events must be deemed essential for training or business needs and approved by the employee’s chain of command. Events include, but are not limited to, conferences, off-site meetings, and trade shows. Travel and expenses should also be approved and follow the City’s policies for reimbursement of expenses (408.01 and 408.03), where applicable. Discounted or complimentary registration, transportation, meals, or lodging for events are prohibitedwith the exception of: • • • Transportation and lodging discounts that are extended to all government employees or attendees of the event (e.g., government hotel rate or pay for 2 get 1 free conference registration); Meals that meet the exceptions outlined in the meals section of this policy (section IV-B); orTransportation, registration, meals, or lodging provided due to a speech or service the employee rendered at the event (see Honorariums). If an event does not meet the exceptions indicated in the meals and/or events sections, and an employeefeels attendance is necessary for their essential job duties, they can seek prior approval to attend the event from Compliance or the City Manager’s OfFice. HR/POLICY/10.00 44 PAGE 8 OF 14 .TIVE DIRECTIVE (Continued 1.Honorariums Honorariums are defined as payment of money or anything of value for an appearance, speech or article. State law prohibits a public servant from soliciting or accepting an honorarium if the subjectmatter is directly related to the person's position with the City. This applies even if the employee provides the speech or services on their own personal time and there is no expenditure of public resources. The audience or organization for which the speech or services are being provided is not a factor or exception. Discounted or complimentary transportation, meals, or lodging are acceptablein these circumstances. ii. Games of Chance A game of chance is defined as any game or contest in which the outcome depends on chance, regardless of whether there is a cost to participate (e.g., raffles, drawings, or sweepstakes). An employee who is representing the City at an event or who is attending the event at the City’s expense, shall not participate in games of chance or accept a prize or award from a game of chance associated with that event. An exclusion is internal, City-sponsored events (e.g., Benefits and Wellness Fair). D. Disclosure Proactive steps should be taken to inform individuals, businesses, and organizations of the City’s policies regarding gifts, meals, and events. Any unsolicited gifts received by an employee, department, office, or work group that do not meet the exception criteria, are property of the City. Every effort should be made to decline and/or return the gift to the sender or to donate the gift to an approved organization. The sender should be contacted to express appreciation and explain the City’s gift policy. In addition to these gifts, any unsolicited meals that cannot be declined or that do not meet the listed exceptions, shall be disclosed. Employees shall disclose all such gifts and meals as soon as possible, but no longer than three (3) business days, from receipt. Disclosure should be provided prior to transporting gifts for donation. V. Boards, Commissions, and Association Memberships Employees serving as members of boards, commissions, or associations (excluding Police and Fire labor associations) that have business with the City through contract or financial support will require disclosure and approval to avoid appearance offavoritism, impropriety, and/or conflicts of interest. Prior to serving on a board, commission, or association, an employee must request prior approval through their department head. Disagreements with denials should be addressed through the City Manager’s Office. An employee who is serving on a board at the time of hire and who intends to continue serving must also obtain approval. Before approving a request, department heads will consider the employee’s position and role in funding and policy decisions as a board, commission, or association member that could create a conflict or appearance of conflict HR/POLICY/10 00 45 PAGE 9 OF 14 POLICY/AD] EthicsTITLE ,TIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued REFERENCE NUMBER: 10.00 of interest for either the employee or the City. VI. Confidential Information Confidential information includes all information held by the City that is not available to the public underthe Texas Public Information Act. • An employee shall not use their position to obtain official information about any person or entity for any purpose other than the performance of their essential duties. An employee shall not intentionally, knowingly, or recklessly disclose any confidential information gained by their position ooncerning the property, operations, policies, employees, or affairs of the City. This rule does not prohibit: 1. 2.Any disclosure that is no longer confidential by law; or The confidential reporting of illegal or unethical conduct to authorities designated by law. VII. Secondary Employment The City shall be the primary employer for all employees for which benefits are being supplied (excludes temporary and seasonal employees). An employee may be employed in any capacity in any other business, trade, occupation or profession while employed by the City, so long as it is determined that such employment does not tend to bring the City into disrepute, reflect discredit upon the employee, impair independence of judgment, create a conflict (or appearance of a conflict of interest), or conflict with their employment or performance as a City employee. It is the intention of this policy to protect the employee and the City from unintended consoquences from secondary employment. The City recognizes the prerogative of its employees to pursue other employment to occupy their off-duty hours. However, this must be balanced with the City's need for full productivity during working hours and with loyalty from its employees. No City time, resources, personnel, facilities, or equipment may be used in oonjunction with secondary employment, unless authorized in advance by the City Manager or designee. Secondary employment shall not impair the employee's availability upon emergency recall by the City. Secondary employment will not be considered an excuse for poor job performance, absenteeism, tardiness, or refusal to work overtime. Should the secondary employment cause or contribute to any of these situations, it must be discontinued or the employee will be subject to disciplinary action, up to and including termination from City employment. As the primary employer, the employee must recognize the City's need for flexibility and changing schedules HR/POLICY/10.00 46 PAGE 10 OF 14 POLICY/AD.LTIVE PROCEDURF:/ADMINIS1 DIRECTIVE (Continued REFERENCE NUMBER:EthicsTITLE:10.00 based upon the demand for services or departmental needs. A. External Secondary Employment 1. Prior to engaging in secondary employment, whether as an employee at another organization, independent contractor, or self-employed, an employee must request prior approval through their immediate supervisor and department head. An employee who is working another job at the time of hire, and who intends to continue the other employment, must also obtain approval as outlined in this 2. All requests for seoondary employment must be submitted on a “Secondary Employment Approval Request” form.3. Before approving a request for secondary employment, supervisors and department heads must 4. If a request for secondary employment is approved, the request must be forwarded to the Human Resources Department for inclusion in the employee’s personnel file. 5. Approval may be denied or withdrawn at any time by the department head, upon consultation with the Human Resources Director, or design%, when such employment violates City or departmental rules, policies, or procedures or creates a conflict (or appearance of a conflict of interest) for the City. The reason for denial or withdrawal must be documented in writing to the employee. Disagreements with denials or withdrawals should be addressed through the City Manager’s Office.6. Generally, approvals or denials/withdrawals should be communicated to the employee in writing within 72 hours (excluding weekends) of receiving the Secondary Employment Approval Request form. Delays to this timeline should be communicated to the employee.7. An approval form is required for every job outside of the City. A review and approval of the secondary employment is required annually. A new approval form will be required for changes to employers, positions, or work hours for secondary employment.8. Approval does not constitute the establishment of a joint employment relationship between the City and any external employer. 9. If the employee accepts secondary employment without approval, the employee may be subject to disciplinary action, up to and including dismissal from the City.10. If an employee is injured while selfemployed, working as an independent contractor, or working for another organization, they will not be covered by the City’s workers’ compensation program. 11 . If an employee is injured in the course and scope of employment with the City, and is missing time ensure the secondary employment does not violate City or departmental rules, policies, or procedures or create a conflict (or appearance of a conflict of interest) for either the employee or the City. from work, the employee must seek written approval from the Risk Manager or Human Resources Director (or their designees) before working their secondary job (reference policy 409.01 – Workers’ Compensation/Salary Continuation Program, Section II. G and/or Section VI. J.2). section B. Internal Secondary Employment HR/POLICY/10.00 47 PAGE 11 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DERECTIW (Continued 1.A regular full-time employee may have a part-time job in another department if approved by the supervisor and departlnent head of their full-time job and the relevant guidelines outlined in Section A above are followed. The full-time job is considered the primary employer. To ensure provisions of the Fair Labor Standards Act, the Human Resources Director, or designee, must also approve a full- time employee working a part-time position with the City. Employees may also work more than one part-time job with the City as long as the relevant guidelinesoutlined in Section A above are followed. The job the part-time employee is hired in first is considered the primary employer. The primary employer will be responsible for maintaining all records for the regular part-time employee, including: 2. a. Status sheets - pay records b. Allocation and transfer of charges The secondary employer must coordinate rate of pay, hours of work, and any other relevant information with the primary employer. NOTE: The Police and Fire Departments have established written rules, regulations, and criteria which may be more specific than this policy. In such cases, those rules and regulations will supersede this policy. VIII. Use of City Resources An employee shall not use, request, or permit the use of City facilities, personnel, equipment, supplies, or time for private purposes while on City duty (including political purposes), except: .1 . Pursuant to duly adopted City policies, or 2. To the extent and according to the terms that those resources are lawfully available to the public. See the following City policies for specific information on these resources: • “Email Use” policy (506.05) • “Comprehensive Driving and City Vehicle Use” policy (409.05) • “Investigation and Inspection of City Facilities/Equipment” policy (108.13) • “Use of Social Media” (Section IX) IX. Use of Social Media The City recognizes that social media has become a critical source of communication. Many, including City employees, utilize social media to voice their opinions on both private and public concern matters. Thispolicy is not intended to prevent employees from making non-confidential communications that are of a general, legitimate concern. However, employees are strongly encouraged to exercise due diligence and HR/POLICY/10.00 48 PAGE 12 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued EthicsTITLE: caution when utilizing social media to post communication, including but not limited to pictures, documents, or materials, for the public’s view. Internet postings can be detrimental to the City. Employees should be mindful that social media and internet postings, even when done ofF duty, may cause unintended reactions from the public or consequences to the City and its ofFicials and employees. Guidelines for social media use: • • • • Employees shall effectively communicate that their postings are their own personal opinions and do not represent the entity in which they are employed (i.e. the City); Employees shall not post any information that is considered confidential, sensitive, or copyrighted to which they have access due to their position with the City; Employees must be truthful, courteous, and respectful toward other City employees, customers, citizens, and City Officials (e.g., City Council, Mayor); and Employees shall not harass others based on protected characteristics (e.g., race, sex, religion, sexual orientation, gender identity, national origin, disability status, etc.). See the City’s “Harassment Prevention/Workplace Abuse” policy (108.10) for additional guidelines regarding discriminationand harassment. Employees who distribute or post communication by way of social media, or other means, which has the effect of any of the following: destroying the efficiency of City employees in performing their duties;impairing harmony; interfering with or disrupting City operations or functions; undermining authority; or which prevents successful service with employees’ superiors or close working relationships which are essential to fulfill public responsibilities, or the ability for employees to perform their duties effectively, may be subject to disciplinary action. See the City’s disciplinary policy regarding unbecoming conduct ( 109.01, Section V-B). Any employee who believes that their First Amendment Right has been infringed upon may request anadministrative review under Section 109.01 (VI). Any employee who believes their social media account was compromised, resulting in a communication that would violate these policy guidelines shall immediately report the incident to Human Resources, Compliance, or the City Manager’s Office. For guidelines on social media use on behalf of the City or for City business, see the City’s “Social Media” policy (505.03). X. Political Activity City employees are not restricted from using their right to vote in a City election. The City’s “Absence for Voting” policy (1 1 1.03) outlines leave time for the purpose of voting. HR/POLICY/10.00 49 PAGE ]3 OF 14 DIRECTIVE (ContinuedPOLICY/AD.JIVE PROCEDURE/AD REFERENCE NUMBER:EthicsTITLE 10.00 Employee involvement in political campaigns does have limitations, as follows: • • • • e • e Per the City’s “Solicitation” policy (1 14.01 ), no employee may engage in political activity while on duty or while wearing a City uniform; Per the City’s “Email Use” policy (506.05), the City email system may not be used to solicit political causes; Employees shall not display campaign materials on any City property, including but not limited tovehicles and uniforms; Employees shall not lobby on behalf of the City without prior written approval from the City Manager, or designee; Employees shall refrain from using their influence in any way, for or against, any candidate for any elective office while engaged in the performance of their duties on the job. Employees shall not accept gifts or favors for political activity relating to an item on a ballot theyparticipated in, provided advice relating to, or exercised authority on, while in the scope of their City employment; and Employees shall not engage in any conduct in relation to a political campaign which would have the effect of destroying the efficiency of City employees, interfering with or disrupting City operations or functions, impairing harmony, or which prevents successful service with employees’superIors . Publicly endorsing a candidate, placing a yard sign on private property, wearing or distributing campaign material, making financial contributions, or campaigning for a candidate, are permissible under City policy so long as those activities take place while the employee is off-duty and does not include the use of any City equipment or resources. XI. Actions of Others • An employee shall not intentionally or knowingly assist or induce, or attempt to assist or induce, any person to violate any provision in this Ethics policy. • An employee shall not violate the provisions of this Ethics policy through the acts of another. XII. Reporting UnethIcal Conduct If an employee witnesses or has knowledge that inappropriate, unlawful, or unethical conduct has occurred, they have a duty to report the actions or behavior through the appropriate channels. Reports of unethical conduct for non-civil service employees will be reviewed and processed by Human Resources and the City Manager’s Office. Reports of unethical conduct for civil service Police and Fire employees will be reviewed and processed in accordance with Chapter 143 of the Texas Local Government Code and, where applicable, local rules, meet and confer agreement, and departmental standard operating procedures. HR/POLICY/10 00 50 PAGE 14 OF 14 POLICY/ADMDVISTRATIVE PROCEDURE/AD] EthicsTITLE LTIVE DIRECTIVE (Continued) Examples of behaviors include, but are not limited to: • • • • • • e • • Theft or Misuse of City Resources; Abuse of Position; Misuse of Confidential Information; Personal Use of City-Owned Resources; Bribery; Whistleblowing; Falsification of Documents; Conflicts of Interest; or Violations of City Procurement Policy. HR/POLICY/10.00 51 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 1291 EMERGENCY MANAGEMENT SPECIALIST POSITION 1. The City of Denton and the Denton Fire Fighters Association, IAFF Local 1291, (“The Parties”) agreed to a four-year Meet and Confer Agreement (“The Agreement”) effective October 1 , 2019, through September 30, 2023. 2. For the purposes of this MOU, The relevant provisions of Article 2, Section 4, of the Agreement, which address the Emergency Management Program Manager,provides as follows: Article 2 Transition for Certain Civil Service and Appointed Positions 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 befilled by promotional examination. A person appointed under this section serves at the pleasure of the Department head. (C) Emergency Management Program Manager. The Emergency Management Program Manager shall continue to be classified in place. 3.The parties did not consider or contemplate that there might be a legitimate businessneed to expand the staffing of the Emergency Management Office should theEmergency Management Program Manager be unavailable at any given time or onan extended form of leave, thereby having no designated Emergency Management staff to address actual or potential emergencies. The Parties agree the terms of this MOU reflect the agreement they would have incorporated into the Article 2, Section 4 of the Agreement had they contemplated this situation. 4. The Parties have agreed that the City of Denton may create a new non-civil serviceposition of “Emergency Management Specialist,” and the person selected to fill that position: i 11. iii. IV. V Does not have to be hired according to the hiring process in Texas LocalGovernment Code Chapter 143, as amended by the Agreement. Does not have to be a civil service employee.Does not have to be a firefighter as that term is defined in Texas LocalGovernment Code Chapter 143.001 or the Definition section of the Meetand Confer Agreement.Does not have to be a certified firefighter by the Texas Commission onFire Protection Is not covered by or entitled to any of the benefits of the Agreement. I Memorandum of Understanding – Emergency Management Specialist/pg. 1 5. The Parties further agree that the Emergency Management Specialist may perform the duties of the Emergency Management Program Manager in their absence. 6 The City of Denton agrees to confer with the Association President to discuss thedesired qualifications and training for the person selected to be the EmergencyManagement Specialist, with the understanding, agreement, and intent that this person will be qualified and sufficiently trained to perform the duties of theEmergency Management Program Manager in their absence. The Parties agree thatthe final selection decision rests with the Fire Chief. 7. All other provisions of Article 2 of the 2019-2023 Agreement not expressly amendedby this MOU remain in full force and effect. 8. This MOU shall become effective once it is signed by both the Fire Chief, who theCity Manager has designated as her authorized representative for the purposes ofthis MOU, and the Association President. Kenneth Hedges, Fire Chief On behalf of the City Manager City of Denton J!I!Ifr 1// / / fZpIib) & 13 Date 7//}/ /a '> Memorandum of Understanding – Emergency Management Specialist/pg. 2