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23-1643ORDINANCE NO. 23- 1643 AN ORDINANCE OF THE CITY OF DENTON APPROVING THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FERE FIGHTERS ASSOCLATION tAFF LOCAL 1291; AND PROVDnqG AN EFFECTIVE DATE. WHEREAS, on September 24, 2019, the City Council of the City of Denton adopted an ordinance approving a four (4) year Meet and Confer Agreement, after ratification by a majority of the votes cast by the membership of the Denton Fire Fighters Association IAFF Local 1291, and that Agreement will expire on September 30, 2023, and WHEREAS, negotiating teams from the City and the Denton Fire Fighters Association tAFF Local 1291 negotiated a successor Agreement, attached hereto in the form of Exhibit “A,” which was ratified by a majority of the votes cast by the membership of the Association on August 5-7, 2023; and WHEREAS, the City Council of the City of Denton finds that entering into and ratifying the successor Agreement in the form of Exhibit “A“ for a period of four (4) years, effective beginning on October 1, 2023 and expiring on September 30, 2027, would serve a valid governmental public purpose; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute the Meet and Confer Agreement between the City of Denton and the Denton Fire Fighters Association IAFF Local 1291, in substantially the form of the Agreement as attached hereto as Exhibit “A,” and made part of this Ordinance by reference for all purposes. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. The motion to ,ppr,vg thi, Ordina„„ w„ m,d, by a_ I M,I }L,/ m seconded by Bt =\ Mh , the Ordinaa y the following vote U -AI : Aye Nay Abstain Absent Mayor Gerard Hudspeth:J Vicki Byrd, District 1 :L/ ,/ \J Brian Beck. District 2: Paul Meltzer, District 3 : Page 1 n P ! I i P I l b r + F - r r q I U + e ' „\, i : . .bi ,f - I r r . , • I .','h , {} :- i rb e- + V. :• a r+a U ,• + la 1 \, \ + 4r i Joe Holland. District 4:/ aBrandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6:/ PASSED AND APPROVED this the fIt" dayof ?+c /bb -( /2023 gN ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\11111111 = APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY N='@ZJ / '-b Page 2 \\\\ III A tI ,+tI EXHIBIT "B" Meet and Confer Agreement Between The City of Denton And Denton Fire Firefighters Association, IAFF Local 1291 Fiscal Years 2023-2024; 2024-2025; 2025-2026; and 2026-2027 TABLE OF CONTENTS DEFINITIONS .................... ARTICLE 1 RECOGNITION, ASSOCIATION RIGHTS AND INDEMNIFICATION............3 ARTICLE 2 CIVIL SERVICE AND APPOINTED POSITIONS..................................................5 ARTICLE 3 LABOR/MANAGEMENT RELATIONS..................................................................9 ARTICLE 4 HIRIN(J PROCESS ..................................................................................................10 ARTICLE 5 PROMOTIONS .................... ARTICLE 6 APPOINTED POSITIONS FOR ASSISTANT CHIEF........................................... 18 ARTICLE 7 NEPOTISM AND PERSONAL RELATIONSHIPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 8 SAFETY AND HEALTH.........................................................................................20 ARTICLE 9 INVESTIGATIONS AND DISCIPLINE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 ARTICLE IO COMPENSATION .................................................................................................27 ARTICLE 11 CERTIFICATION, EDUCATION AND SPECIALTY PAYS .............................30 ARTICLE 12 PENSION ...............................................................................................................33 ARTICLE 13 DEFERRED COMPENSATION PLAN................................................................35 ARTICLE 14 ASSOCIATION BUSINESS LEAVE....................................................................36 ARTICLE 15 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE ...38 ARTICLE 16 TERM OF AGREEMENT .....................................................................................42 ARTICLE 17 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE AGREEMENT CLAUSE..............................................................................................................43 ARTICLE 18 PAYROLL DEDUCTION.................................................................44 EXHIBIT A ETHICS POLICY......................................................................................................45 DEFINITIONS 1.’Agreement” means this Meet and Confer Agreement entered between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291. 2. “Association” means the Denton Fire Fighters Association, IAFF Local 1291, its elected leaders and its collective membership. 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 Service Commission. 5. The term “days” refers to calendar days unless otherwise specified. 6. The term “Department” or “Fire Department” means the Denton Fire Department. 7. The term “Department head” or “Fire Chief ’ means the Fire Chief of the Denton Fire Department, designee, interim, or an acting Chief of the Denton Fire Department. 8. The term “director” means the director of the Denton Fire Fighters’ and Police Officers’ Civil Service Commission. 9. The term “Firefighter” means a member of the Denton Fire Department who was appointed in substantial compliance with Chapter 143 of the Texas Local Government Code who is entitled to civil service status under section 143.005 of the Texas Local Government Code and excludes persons attaining civil service status under Article 2. 10. The term “Local Rule” means the Local Rules and Regulations of the Denton Fire Fighters’ and Police Officers’ Civil Service Commission. 11. The term “newly classified employee” means a person attaining civil service status under Article 2. 12. “Parties” or “parties” means the City of Denton and the Denton Fire Fighters Association, IAFF Local 1291 and “Party” or “party” means either the City of Denton or the Denton Fire Fighters Association, IAFF Local 1291. 13. The term “personal relationship’ means a relationship between employees who mutually consent to a relationship which may include dating, romantic involvement and/or sexual relations. 2 ARTICLE 1 RECOGNITION, ASSOCIATION RIGHTS AND INDEMNIFICATION Section 1 : Recognition The CITY OF DENTON recognizes the DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL NO. 1291, as the sole and exclusive bargaining agent for the covered Firefighters described in the petition for recognition, excluding the head of the fire department and excluding the employees exempt under Subsection (b) of 142.108, in accordance with subchapter C of Chapter 142 of the Texas Local Government Code. Section 2. Association Access to Premises a.Subject to reasonable advance notice from the Association and approval from the Fire Chief or the Chiefs designee, the Association may be permitted reasonable access to the premises of the Department for the purpose of administering this Agreement, including but not limited to roll calls, in-service training, and the fire academy. Such visits shall be limited to the purpose for which approval was granted and shall be conducted in a manner that does not interfere with the functions of the Department. b. The Association's access to the Department facilities and equipment to communicate with its membership shall include the use of one (1) bulletin board installed at the main fire station and one (1) at each fire facility. The following guidelines shall apply to materials posted on the bulletin boards: 1 2 3 4 5. 6. 7. Recreation and Social Affairs of the Association Association Meetings Association Elections Reports of Association Committees Rulings or policies of the State or cornrnentary . Legislative Enactments and Judicial Decisions Affecting Public Employee Labor Relations, without added commentary. In any case, the Fire Chief retains the final decision as to whether Association material may be posted on bulletin boards. At no time shall the bulletin boards contain any political endorsement, whether at the local, state, or federal level. National Association,without added Section 3 . Communications a.Subject to the Denton Fire Department’s Policies and Procedures, the City's Policy/Administrative Procedure/Administrative Directives (particularly Administrative Directive 506.05 regarding "Email Use") and the applicable provisions of this Agreement, the Association may utilize pre approved electronic communications ("E-mail") to communicate with members of the bargaining unit regarding matters of general interest to members of the bargaining unit in accordance with the following restrictions and limitations: 3 1.Prior to any distribution(s), all Association E-mail communications shall be approved, at least forty-eight (48) hours in advance, by the Chief or the Chiefs designee. The decision of the Chief or the Chiefs designee to approve or disapprove an E-mail communication shall be final and binding and shall not be subject to dispute resolution procedures. However, the Association may ask the City Manager or the City Manager's designee to review any alleged patterns of repeated disapprovals which the Association contends unreasonably restricts communications with its members relating to subjects authorized by this Agreement. 2. If the E-mail is deemed inappropriate for general distribution, the Chiefs designee will respond to the Association representative with an explanation or suggestion for change. b. Association E-mail communications shall relate solely to the following subjects: 1 2 3 4 5. 6. Recreation and Social Affairs of the Association Association Meetings Association Elections Reports of Association Committees Rulings or policies of the State or National Association, without added cornrnentary. Legislative Enactments and Judicial Decisions Affecting Public Employee Labor Relations, without added commentary. C.E-mail communications shall not contain any political commentary, any solicitation for membership in, or financial contributions to, any special interest organization, or political action organization, or any derogatory or offensive propaganda or commentary which reflects negatively upon the City, its officials, its employees, City employee associations or groups, or upon citizens of the City. d. On a case-by-case basis, the Human Resources Director may consider requests from individual firefighters for approval to distribute E-mail communications regarding solicitations for firefighters (or their families) needing financial assistance or other forms of assistance in accordance with City of Denton Policy 114.01, Titled Solicitation. ARTICLE 2 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 civil service for certain civil service benefits and protocols under Chapter 143 of the Texas Local Government Code to create a more unified Department incorporating Operations, Administration and Fire Prevention. The Parties agree the reclassifications have become permanent. Section 2. Designated Employees and Civil Service Status The current civil service positions affected by this article include the following: • • • Emergency Management Program Manager. Fire Marshal Emergency Management Specialist Section 3. Fire Marshal and Emergency Management Program Manager. (A) Emergency Management Program Manager. The Emergency Management Program Manager shall continue to be classified in place. ( 1 ) Emergency Management Specialist a.The City may create a new non-civil service position of “Emergency Management Specialist,” and the person selected to fill that position: Z. ZZ. IIZ. Z V. V. Does not have to be hired according to the hiring process in Texas Local Government 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 Local Government Code Chapter 143.001 or the Defmition section of the Meet and Confer Agreement. Does not have to be a certifIed fIrefIghter by the Texas Commission on Fire Protection Is not covered by or entitled to any of the benefIts of the Agreement. b. C. The Emergency Management Specialist may perform the duties of the Emergency Management Program Manager in their absence. The City agrees that the person hired to fill this position shall be qualified and sufficiently trained to perform the duties of the Emergency Management Program Manager in their absence. The final selection decision rests with the Fire Chief and is not subject to the Contract and Dispute Resolution Procedure in Article 15 of this Agreement. d It is the Parties intent and agreement that the Emergency Management Specialist position shall remain in place under these terms even after the expiration of this 5 Agreement unless that position is; 1) eliminated by a successor Meet and Confer Agreement ratified by a majority vote of the Association membership and the City Council, or 2) eliminated by the City Council. (B) Base Pay. The base pay for Fire Marshal and Emergency Management Program Manager shall be equivalent to Battalion Chief in the Denton Fire Department. (C) Upon the Vacancy in the Current Positions of Fire Marshal and Emergency Management Program Manager. (1) Vacancy to Be Filled by Civil Service Rules. Vacancy in the position of Fire Marshal shall be filled by Texas Local Government Code Chapter 143 and/or Local Civil Service Commission rules and/or current Meet and Confer Agreement. (2) Vacancy to Be Filled by Appointment by the Department Head. Vacancy in the position of Emergency Management Program Manager shall be filled by appointment by the Department head. Appointment for 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 6 (10) calendar days from the date of the notification of non-selection stating the basis for review. The review process shall be as follows: (a) The joint Labor/Management Committee shall review the Department head's decision and make a non-binding recommendation in writing to the Department head within five (5) business days from the date that the candidate seeks review. (b) The Department head shall review the recommendation by the joint Labor/Management Committee and determine whether or not to reconsider the decision within ten (10) calendar days from the date of the recommendation. (c) The internal candidate may seek review of the non-selection to the commission by submitting a request in writing to the director within five (5) business days from the date of determination by the Department head of sustaining the non-selection. The commission shall have ten (10) business days to conduct a hearing and render a decision sustaining or overruling the Department head’s decision to seek an external candidate. The standard of review by the commission is whether the Department head's decision is arbitrary and capricious. The commission’s decision shall be final and binding with no right of appeal to an arbitrator or district court (d) Deadlines in this article may be extended by mutual agreement by the internal candidate seeking review and the Department head. (D) Internal Appointment. In the event that an internal Firefighter fills the vacancy only subsections 143.014(g) and 143.014(h) of 143.014 of the Texas Local Government Code shall apply (E) 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 4. 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 5. The Parties have agreed to continue discussing changes to this Article, including but not limited to the Fire Marshal classification as well as transfers and promotions to/from/within the Prevention Division. Since the Parties do not anticipate having the specifics of these potential changes finalized prior to the ratification of this Agreement by the Association membership and the City Council, the Parties agree that issues related to this Article may be reopened with the 7 agreement of the Association President and the City Manager, or their designees, and the agreement to do so does not require ratification by the membership or the Council. However, should the Parties reopen an issue, and should they come to an agreement, that agreement must be ratified by a majority vote of the Association membership and the City Council using the ratification process in Local Government Code Chapter 142.114 in order to take effect. Section 6. Commission's Role. The commission may adopt rules under this article providing for the efficient administration of this article Section 7. Statutory Override. To the extent this Article continues to reclassify the current positions of Fire Inspector Specialist I/Deputy Fire Marshal 1, Fire Inspector Specialist II/Deputy Fire Marshal II, Fire Protection Specialist/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 positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Specialist and Assistant Fire Marshal; and current positions of Fire Inspector Specialist I, Fire Inspector Specialist 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), 143.04 1 (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 1/Deputy Fire Marshal I, Fire Inspector Specialist II/Deputy Fire Marshal II, Fire Protection Specialist/Deputy Fire Marshal Ill, Deputy/Assistant Fire Marshal, Fire Community Service Officer, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager. This Article overrides 143.001 to allow the appointment of an Emergency Management Specialist that is not a civil service firefighter. ARTICLE 3 LABOR/MANAGEMENT RELATIONS Each Party shall designate three (3) npresentatives to serve on a joint Labor/Management Committee (“Committee”). This Committee shall meet quarterly at agreeable times and places to discuss matters of mutual concern. Such discussion shall not be tantamount to, or an extension of, the bargaining process, but shall be for the purpose of encouraging productive relations between the parties and the improvement of the fire services to the community. A minimum of two (2) members from each party must be present for a meeting to be held. The Department head will make reasonable efforts to accommodate requests by Association members to attend if they are on duty. Both parties understand and agree that Committee meetings are not required on any issue, except where provided for in Articles 2, 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 operational decisions. 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. ARTICLE 4 HIRING PROCESS Section 1. Intent In adopting this Article, the Parties agreed to implement a hiring system for beginning positions in the Department that provided for selection based upon the determination by an Oral Interview Board and the Chiefs Interview. The parties believe a determination by the Oral Interview Board and Chiefs Interview for beginning positions improved the selection process and provided applicants a fair opportunity to demonstrate skills and abilities that serve as additional good indicators that they would perform well in the Department. Section 2. Adoption and Publication of Rules Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this Article. Section 3. Written Examination and Commission List (a) 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 a. An additional one (1) point shall be given to an applicant that resides within the City of Denton 10 (b) 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 up to thirty (30) applicants with the highest ranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department’s Hiring Guidelines. If an applicant passes the Physical Ability Test, then the applicant will be considered to proceed to the Oral Interview Board. If an applicant does not pass the Physical Ability Test, the applicant will be disqualified from any further consideration in the hiring process. All applicants who have passed the Background Check and Physical Ability Test shall proceed to the next step in the process. If less than three (3) applicants pass the Background Check and Physical Ability Test, the Department head shall identify the next fifteen (15) applicants with the highest ranking on the Commission List (or those remaining on the Commission List if less than fifteen (15) to proceed to the Physical Ability Test in accordance with the Department’s Hiring Guidelines. (c) Selection of Candidates to Proceed to Oral Interview Board From the list of names of applicants who passed the Physical Ability Test, those applicants shall proceed to the next step in the process. In the event those applicant names are exhausted after the completion of the Oral Interview Board and Chiefs Interview, then the Department head shall proceed under section 4(b) of this article to identify the next fifteen (15) applicants with the highest ranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department’s Hiring Guidelines. 11 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 the Oral Interview Board 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 Battalion Chief 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 the Chiefs interview 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). (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. 12 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. 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) 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. 13 ARTICLE 5 PROMOTIONS Section 1. Intent In adopting this Article, the parties agreed to implement changes to the promotional process for the Department by establishing pre-requisites that qualify a candidate to take a promotional written examination. The parties believe that establishing pre-requisites for promotional written examinations will improve the promotional process and will provide promotional candidates a fair opportunity to meet pre-requisites that serve as additional good indicators that they will perform well in the positions to which they seek to be promoted. This Article includes the positions addressed in section 3 of Article 2. Section 2. Definitions (a) in this Article "written examination" means the written examination provided for promotions under Chapter 143 of the Texas Local Government Code. (b) in this Article, "pre-requisites" means the minimum qualifications and conditions required of candidates for eligibility to take a Chapter 143 written examination for promotion within the Department. Section 3. Role of Commission Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this Article. Section 4. Creation of the Fire Lieutenant Rank (a) The Parties have agreed to discuss the creation of the Civil Service classification (rank) of Fire Lieutenant, a classification between the ranks of Fire Driver and Fire Captain. Since the Parties do not anticipate having the specifics of this classification finalized prior to the ratification of this Agreement by the Association membership and the City Council, the Parties agree that this issue may be reopened with the agreement of the Association President and the City Manager, or their designees, and the agreement to do so does not require ratification by the membership or the Council. However, should the Parties reopen this issue, and should they come to an agreement on the creation of the Fire Lieutenant classification, that agreement must be ratified by a majority vote of the Association membership and the City Council using the ratification process in Local Government Code Chapter 142.114 in order to take effect. Section 5. Minimum Qualifications (a) For the promotion to the rank of Fire Driver, the Fire Driver pre-requisites shall require the candidate to serve at least three years in the classification of Fire Fighter, hold an active certification by the Texas Commission on Fire Protection as a Driver/Operator, hold current certification by the Texas Department of State Health Services as a Paramedic and successful completion of an annual Driver Skills Test. (b)For promotion to the ranks of Fire Captain and Fire Battalion Chief, 14 (i) The Fire Captain and Fire Battalion Chief pre-requisites shall require the candidate to serve at least two (2) continuous years in the position in the classification that is immediately below before the date of the written examination (ii) The candidates shall hold an active certification by the Texas Commission on Fire Protection as a Fire Officer II; and (iii) 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. (iv) 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. Section 6. Evaluation The joint Labor/Management Committee will establish a system within the joint Labor/Management Committee to evaluate the promotional process and the pre-requisites established. Section 7. 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 firefighter is entitled to receive one point 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 each year 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 (i) 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 the examination is required other than the new time, place and date of the rescheduled examinations, notwithstanding section 143.029 of the Texas 15 Local Government Code. Meeting the scheduled examination dates outlined or provided for in this section, or rescheduling those dates pursuant to this subsection, precludes any liability for back pay or retroactive seniority for that position or any lower position. (ii) if the City administers a test out-of-cycle (e.g., in November 2024), the City shall confer with the Association to determine if a test in March 2025 is warranted, or rather, should the test be deferred until March of 2026. An agreement to defer a test is authorized through a Memorandum of Understanding (MOU) between the Association President and the City Manager (or their designees) and does not require approval by the Association membership or the City Council. If no agreement is reached, then the test regularly scheduled for that March shall take place. Should an agreement result in two eligibility lists existing at the same time, promotions shall be made from the list that went into effect first and promotions from the second list may not occur until the first list has been exhausted or expIres Section 8. 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 9.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 10. 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 11. Military Duty a. The commission may adopt Local Rules providing for the efficient administration of tests for promotional candidates who are members of the armed forces serving on active military duty as provided by section 143.032(b)(1)(2) of the Texas Local Government Code b If a firefighter is approved for a military leave of absence, whether for initial training or being recalled to reserve or active duty, that absence shall not create a promotional vacancy and the process for filing a vacancy under Texas Local Government Code Section 143.036 shall not apply. The Fire Chief may designate another firefighter to work in the higher classification during this period of leave, however, a firefighter designated to act in this higher capacity is not deemed to have been promoted and shall be returned to their prior classification (rank) when the firefighter on military leave returns to duty. Time spent 16 acting in the higher capacity shall be considered time in their prior rank for promotional eligibility purposes. Section 12. Indefinite Suspension If a firefighter is indefinitely suspended, that suspension shall create a promotional vacancy that shall be filled according to TLGC 143.036, as amended by this Agreement. If after an appeal the firefighter is restored to their former position, and if there are no vacancies in their rank, the last person promoted to that rank shall be demoted, returned to their prior rank, and placed on a promotional reinstatement list that is valid for one (1) year. For the next year, the firefighter on a reinstatement list has priority over firefighters on a promotional eligibility list and is entitled to be promoted to fill the next vacancy in that rank unless the Department Head has a valid reason for bypassing the firefighter. If the Department Head has a valid reason for a promotional bypass, the Department Head shall comply with the provisions of TLGC 143.036(f), and the firefighter may appeal the bypass. Section 13. 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; 143.036(h) for the promotional eligibility list to remain in existence until the date of the next promotional examination for that rank; 143.030(c) to require that a firefighter serve in the rank immediately below that being tested for a period of two (2) continuous years immediately before the date of the written examination. 17 ARTICLE 6 APPOINTED POSITIONS FOR ASSISTANT CHIEF Up to two (2) Assistant Chief positions may be filled by appointment by the Department head pursuant to the process provided for in Section 143.014(e) of the Texas Local Government Code. This Article supersedes Section 143.014(c). Newly classified employees are ineligible to be considered for this appointment. 18 ARTICLE 7 NEPOTISM & 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 “relative" provided by the City Ethics Policy, Reference Number 10.00 dated January 18, 2023, 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. 19 ARTICLE 8 SAFETY AND HEALTH Section 1. Intent and Annual Physicals It is the desire of the City and the Association to maintain the highest standards of safety and health in the Fire Department. The City and Association agree to use NFPA 1583, NFPA 1582 and the IAFF/IAFC Joint Wellness Fitness Initiative as a guideline for the implementation of policy regarding health and safety issues in the Department over time. The parties agree that the Wellness Committee will continue to work on implementing the requirements of rule 435.21 of the Texas Commission on Fire Protection. To that end, each Firefighter and newly classified employee in the Prevention Division shall undergo a medical assessment each fiscal year. Medical assessments 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”, “Excellent” and not the ratings of “Good” in both the medical assessment and physical assessment. (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 five hundred dollars ($500) 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. 20 ARTICLE 9 INVESTIGATIONS AND DISCIPLINE PART A: INVESTIGATIONS Section 1. Effect of Article The following provisions shall apply to the administrative investigation of alleged misconduct by DFD firefighters and the process of administrative discipline. To the extent of any conflict between this Agreement and the provisions of Chapter 143 of the Texas Local Government Code, the provisions of this Agreement shall control. To the extent of any conflict between this Article and any other provision of this agreement, this Article shall control. Section 2. Definitions In this Article: a) "Complaint" means any affidavit, administrative referral, or other document setting forth allegations or facts that may form the basis of future allegations of misconduct against a firefighter and which serves as the basis for initiating an investigation. b) "Disciplinary Action" means suspension, indefinite suspension, demotion in rank, reprimand, or any combination of those actions. c) "Investigation" means an administrative investigation of alleged misconduct by a firefighter that could result in disciplinary action. d) "Investigator" means an agent or employee of the Fire Department or an Independent Investigator who participates in conducting an investigation. e) "Statement" means any communication (oral or written) setting forth or facts regarding the alleged misconduct under investigation. f) "Evidence" means statements, reports, records, recordings, documents, computer data, text, graphics, videotape, photographs, or other tangible forms of information, including a "complaint". Section 3. Access to Records by Firefighters a)Not less than forty-eight (48) hours before the firefighter who is the subject of an investigation provides a statement to an investigator, the firefighter shall be provided a copy of the complaint(s). The Department may omit the name and/or identity of the person making the complaint. In the event that the complaint(s) does not contain all allegations of misconduct under investigation, not less than forty-eight (48) hours before the investigator begins the initial oral or written interrogation of the firefighter, the investigator must inform the firefighter in writing of the additional allegations being investigated. 21 b)Before the firefighter who is the subject of an investigation provides a statement to an investigator, the firefighter and their representative shall be provided an opportunity to review any videotape, photograph, or other recording of the operative conduct or alleged injuries, if any, which is the subject of the allegations if such recording is within the possession or control of the Department. C)A firefighter is entitled to a copy of their statement to the Investigator at the time when the statement is finalized and signed by the firefighter, but the statement remains confidential in the hands of the firefighter pursuant to 143.089(g), DFD policy, and orders of non-communication about internal investigations, except for consultations with counsel. d)Before the firefighter who is the subject of an investigation provides a statement to an investigator, the firefighter and their representative shall be allowed to review the portions of any document(s) in which it is alleged that the firefighter provided false, incomplete, inconsistent, or conflicting information, or in which it is alleged that the firefighter omitted information in violation of any law or Department policy. e) Before the firefighter who is the subject of an investigation provides a statement to an investigator, the firefighter and their representative shall be allowed to review any report or other statement recorded or written by the firefighter setting forth particulars or facts regarding the operative conduct which is the subject of the allegation(s). f)Not less than forty-eight (48) hours before a meeting conducted for the purpose of determining whether the Department shall take disciplinary action against a firefighter for alleged misconduct, the firefighter and their representative shall be allowed to review for three (3) hours all evidence gathered or obtained during the investigation, and not previously reviewed by the firefighter pursuant to this Section. The evidence available for review shall not include an investigator's summary. g) Neither the firefighter nor their representative will be permitted to make copies of any witness statements, audio tapes, photographic or videotape evidence reviewed; however, they may take written notes only, provided they comply with the confidentiality and use provisions in Section 5 . h) To preserve the integrity of a pending criminal investigation, Nothing in this Article shall be construed as requiring the Department to provide or make available for review by the firefighter or their representative any evidence from a criminal investigation if the criminal charges are still pending. Section 4. Audiotaping of Disciplinary Review Board Proceedings When a disciplinary meeting is held, the firefighter who is the subject of the investigation may audio tape the portion of the meeting during which the chain of command discusses the investigation and the disciplinary decision with the firefighter. 22 Section 5. Confidentiality of Records and Misuse of Information The access to records provided in Section 3 of this Article has been granted in exchange for the following agreements intended to ensure confidentiality and to prevent retaliation or the threat of retaliation against any witness in an investigation: a) Retaliation or the threat of retaliation by a firefighter, or by an individual at the direction of the firefighter, against the author of a statement, is strictly prohibited. A sustained violation of this subsection shall result in either a temporary or indefinite suspensIon. b)If a firefighter is suspended pursuant to this Section, the firefighter shall have the right to appeal the suspension to the Civil Service Commission or to an Independent Third- Party Hearing Examiner pursuant to the provisions of this Agreement and Chapter 143 of the Texas Local Government Code. The Commission or the Hearing Examiner shall decide whether the specific charge related to this Section is true. If the charge is found to be true, the Commission or Hearing Examiner must affirm the disciplinary action and cannot amend, modify, or reduce the period of disciplinary suspension. c) Sections 143.053(e) & (f) of the Texas Local Government Code are hereby superseded to the extent of any conflict with this Section. Section 6. Association Representation Should a firefighter be called in and questioned as part of any investigatory interview related to disciplinary action against that employee, the following rules apply: Rule 1: The firefighter will be given notice of their interview. As part of the notice, the firefighter will be advised that they have a right to bring association representation with them to the interview. The representative may be an Association member or an attorney, provided that the Association member is not a witness or potential witness in the investigation, or a member of the firefighter’s chain of command since that person may be involved in a disciplinary decision. 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. 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 23 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. Rule 5: A firefighter shall have the right to representation during a disciplinary meeting conducted for the purpose of determining whether the Department shall take disciplinary action against a firefighter for alleged misconduct. Section 7. Violation of Fire Fighter’s Rights A violation of this Article may be considered by the commission or hearing examiner during a disciplinary appeal hearing if the violation substantially impaired the fire fighter's ability to defend against the allegations of misconduct. PART B. DISCIPLINE Section 1. Written Statement If the Department head suspends a Firefighter or newly classified employee, a copy of the statement giving the reasons for the suspension shall immediately be delivered in person to the suspended Firefighter or newly classified employee and filed with the director within one hundred and twenty (120) hours. This statement shall only be delivered to the commission if the Firefighter or newly classified employee chooses to appeal to the commission under section 143.052(d). In instances where the Firefighter or newly classified employee chooses to appeal to the commission, the written statement will be forwarded to the commission within one hundred and twenty (120) hours from the time the Firefighter or newly classified employee notifies the director in writing of his/her choice to appeal to the commission. Section 2. Time To Investigate Charges In the original written statement and charges and in any disciplinary suspension hearing conducted under this Agreement or Chapter 143, the Department head shall have one hundred and eighty ( 180) days to investigate and take disciplinary action from the date the Department head discovers an act, provided that the Department head may not complain of or take disciplinary action for an act (not related to criminal activity) that occurred more than one (1) year before the date of disciplinary action. Section 3. Alternative Discipline Firefighters suspended up to a maximum of five (5) working days, at the Department head's discretion, may forfeit either accumulated vacation or sick time equal to the suspension to serve the suspension with no loss of paid salary. The firefighter shall have ten (10) calendar days from receipt of notice of the suspension to decide whether or not he or she wishes to forfeit accumulated leave or exercise his or her appeal rights pursuant to Chapter 143 Local Government Code. No appeal to the commission or to arbitration may be instituted on suspensions where the firefighter has forfeited accumulated vacation or sick time pursuant to the terms of this section. The forfeited vacation or sick time will not constitute hours worked. This section supersedes section 143.052 and section 143.053 of the Texas Local Government Code to the extent either of those sections do not allow for the process outlined in this section 24 Section 4. Extending Disciplinary Deadline by Agreement 1.A firefighter or their authorized designee and the Chief or the Chiefs designee, may agree to extend the deadline for imposing discipline for a period not to exceed additional thirty (30) day increments. Either the firefighter or the Chief may offer or request the extension. The agreement to extend this deadline shall be in writing and shall be signed by both the firefighter and the Chief (or their designee). 2. If a firefighter is on extended leave, including but not limited to FMLA, injury leave, or military leave, and the deadline to impose discipline occurs during that period of leave, the deadline to impose discipline shall automatically be extended by the length of the leave taken, after the firefighter returns to full duty with the Department. 3. Disciplinary action taken by the Chief under paragraphs 1 and 2 before the extended deadline expires shall be considered timely and does not affect a firefighter’s right of appeal from the disciplinary action. 4. This section shall supersede the first sentence of section 143.052(h) of the Texas Local Government Code. Nothing in these sections affects the remainder of section 143.052(h) or section 143.056. Section 5. Substitution of Demotion or Suspension up to 90-days for Indefinite Suspension 1. In the appeal of an indefinite suspension, the Civil Service Commission or a Hearing Examiner may substitute a demotion (if the firefighter is a Driver or higher rank) or a suspension of up to 90-days for the indefinite suspension imposed by the Chief. 2. This section expands the remedy available to the Commission and a Hearing Examiner under Texas Local Government Code 143.053(e) and 143.057(f). Nothing in this section affects the remainder of section 143.053 or 143.057. 3. This section does not supersede Article 9, Part A, Section 5, regarding a violation of the Confidentiality of Records or Misuse of Information. The limitations placed on the Commission or a Hearing Examiner by Article 9, Part A, Section 5(b) remain in effect. Section 6. Cost of Appeal For appeals to a Hearing Examiner, each party shall be responsible for one-half the cost of the Hearing Examiner's Fee, expenses, and the court reporter. A party requesting a copy of the transcript shall be responsible for their cost of the transcript. The costs of a witness to attend the hearing remains with the party calling the witness, with the understanding and agreement that the firefighter is not required to reimburse the City for the salary of a City employee that is subpoenaed to testify on behalf of the firefighter. 25 Part C. Statutory Override Part B, 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; requiring delivery of the statement specifically by the Department head to the firefighter; and 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. Part B, Sections (2) & (3) of the Article supersede the requirements in 143.052(b) & (h) that disciplinary action must be imposed within 180 days of the incident. Part B, Section 4 supersedes 143.053(e) & (f) allowing for the imposition of a suspension of more than 15 days and allowing for a demotion. Nothing in this Article affects the remainder of section 143.052(h) or affects section 143.056 of the Texas Local Government Code 26 ARTICLE 10 COMPENSATION Section 1. Base Pay Philosophy It is the desire of the City to recognize that the employees of the City of Denton Fire Department perform their responsibilities at a level that is above the typical metroplex fire agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the average metroplex pay for 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 Allen, Arlington, Carrollton, Fort Worth, Frisco, Garland, Grand Prairie, Irving, Lewisville, McKinney, Mesquite, Plano and Richardson shall continue to be used as comparator cities for the salary survey to be conducted each year of this contract. The City and Association shall convene a Labor/Management Pay Subcommittee to perform a survey in May of each year of the Agreement upon which consideration for the proposed base salary adjustments for the following fiscal years shall be calculated. Based on the survey information of the comparator cities, the average of base pay for minimums and maximums for each rank shall be calculated and proposed for approval as a part of the budget process. Proposed increases may be limited to the average base pay percentage increase for non-civil service City employees approved by the City Council in the annual budget. Section 3. Compensation Proposal Calculation (a) Compensation for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall be proposed on the basis of the following calculations: The recommended base pay scale shall continue to be calculated by the salary survey conducted in May of each year of the Agreement, utilizing the average minimum and maximum base salary for each rank of the thirteen (13) 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 27 Driver, Fire Captain, and Fire Battalion Chief shall not receive any base pay increase regardless of the calculated amount necessary to reach minimum and maximum rates plus five percent (5%). (d) Should the City Council approve a budget that includes lump sum pay increases instead of an increase to base pay to non-civil service City employees, the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief will receive a lump sum payment instead of an increase for non-civil service employees. Section 4: Productive Time Currently, if a firefighter takes sick leave during a pay period and also works an overtime shift during the same pay period, the day of sick leave is not counted as productive time for FLSA overtime purposes. The Parties agree that beginning on the effective date of this Agreement (this provision is expressly not retroactive), if a firefighter uses sick leave during a pay period and also works mandatory or forced overtime during the same pay period, the day of sick leave will be counted as productive hours for overtime purposes. However, if a firefighter uses a sick day during a pay period and chooses to work voluntary overtime during the same pay period, the sick day shall not count as productive hours for overtime purposes. Section 5: Sick Leave Payout upon Separation Pursuant to Texas Local Government Code Section 143.045(c), a firefighter that leaves the City’s employment for any reason is entitled to be paid for a maximum of ninety (90) days of accumulated sick leave, which the City considers to be 1080 hours (based on a 12-hour day). The City agrees that during the term of this agreement, the payout shall be increased by 100 hours, for a total payout of accrued sick leave upon separation of 1 1 80 hours. Section 6: Longevity Pay The City agrees to continue paying firefighters longevity pay at the rate of $4.00 per month for each year of service with the Denton Fire Department. The City agrees to remove the twenty-five (25) year cap in Texas Local Government Code Section 141.032 and allow firefighters to continue to accrue longevity pay for as long as they continue working for the Fire Department. Section 7: Payment of Accrued Leave upon Indefinite Suspension 1. If a firefighter is indefinitely suspended, the firefighter may, upon request, be paid in a lump sum for: • • • Firefighters working a 40-hour workweek: up three-hundred-twenty (320) hours of accrued vacation leave. Firefighters working a 56-hour won<week: up to four-hundred-eight (480) hours of accrued vacation leave. Up to 1 180 hours of accrued sick leave. 2. If the indefinite suspension is overturned on appeal, the Civil Service Commission or Hearing Examiner may restore such leave, but the total award of leave and back pay, if any, shall be offset by the amount paid to the firefighter under Section (1) above. For illustrative purposes, if the firefighter was paid $25,000 in accrued leave for 100 hours of 28 vacation and 100 hours of sick leave and is reinstated with back pay owing in the amount of $75,000, the firefighter is only entitled to receive an additional $50,000 from the City and their leave bank will be credited back with 100 hour of vacation and 100 hours of sick leave Section 8. Funding Obligations Depending upon the financial forecasts, the City may implement the compensation recommendations in section 3 between the first pay period of October and the first pay period of January of each fiscal year. The City presently intends to continue this Agreement each fiscal year through its term, to pay all payments due, and to fully and promptly perform the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available for those obligations, including tax revenues reasonably anticipated at equal or higher total gross amounts as were collected in each preceding fiscal year respective to each year of the Agreement, and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. Following the adoption of the annual budget that may establish a pay increase, should the City Council find it fiscally necessary to reduce base pay for non-civil service City employees, or implement other cost saving measures such as mandatory furloughs or a reduction-in-force, the increases recommended under this Article may be reduced accordingly. Section 9: Statutory Override Section 5 of this Article specifically supersedes Texas Local Government Code Section 143.045(c), authorizing the payout of 1 1 80 hours of accrued sick leave upon separation. Section 6 of this Article specifically supersedes and removes the 25-year longevity cap in Texas Local Government Section 141.032. 29 ARTICLE 11 CERTIFICATION, EDUCATION AND SPECIALTY 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: Fire Certification: Intermediate – Fire Advanced – Fire Master – Fire thatFirefighters have obtained their Intermediate fire certification through TCFP l fire certification through TCFP l fire certification throu TCFP $90.00/Month $ 150.00/Month $2 10.00/Month Education: 30 hours toward degree 1 Firefighters that have obtained at least 30 hours $60.00/Month toward a degree Associates Degree $90.00/MonthFirefighters that have obtained an Associate’s De lBachelor’s Degree degree l de Section 2:Certification and Specialty Pay In addition to the Education and Certification pays provided for in Section 1, the Specialty Pays provided for in Section 4, and the Paramedic/Medic Assignment Pay provided for in Section 5, Firefighters may be granted a maximum of three (3) separate Additional Certification Pays listed in Sections 3 each month, in the amount specified. The criteria to receive these Additional Certification Pays shall be established by the Fire Chief. Firefighters may change which three additional pays they want, provided that, they notify Fire Administration no later than October 31 st of that year. 30 Section 3. Additional Certification Pays ARFF Firefighters that are certified as Aircraft Rescue Fire Fighters through TCFP. $ 100/Month Bomb Technician Firefighters that are certified as Bomb Technicians through the FBI. $ 100/Month HAZMAT Technician Firefighters that are certified as a HAMZAT Technician through TCFP. $ 1 00/Month Fire Inspector Firefighters that are certified as a Fire Inspector through TCFP. l Investjgator through TCFP l officer. Firefighters that are certified Wildland Firefighters by the TCFP $ 100.00/Month Fire/Arson Investigator $ 100.00/Month TCOLE Peace Officer $ 100.00/Month Wildland Firefighter $ 100.00/Month Section 4. Specialty Pays Field Training Officer Firefighters that are assigned as a Field Training Officer l Guard or Pipes and Drums Firefighters assigned to the department Peer Support program Bilingual Pay will be paid at the rate of one hundred dollars ($100.00) per month for oral skills or the rate of one hundred fifty ($150.00) per month for oral, reading and writing proficiency skills for firefighters certified under standards established by the Department Head and assigned to the bilingual program. The bilingual program shall include Spanish and any language designated by the Department Head. Firefighters will not be paid cumulatively if they are certified in more than one language $200.00/Month Honor Guard/Pipes and Drums Peer Support $50.00/Month $50.00/Month Bilingual Pay $ 100.00/Month $ 150.00/Month Section 5. Paramedic Pay and Medic Assignment Pay Paramedic Pay $ 1 00.00/Month $2.00/HourFirefighters that are assigned to ride a Medic on shift 31 Section 6. Addition of Assignment and Specialty Pays The Department Head and the Association President may, through the use of a Memorandum of Understanding, agree to add other Assignment/Specialty Pays, including the amount of such pay and the criteria necessary to receive that pay. Section 7. 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. 32 ARTICLE 12 PENSION Section 1. It is the intent of the parties to develop and adopt a funding policy for the Denton Fireman’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 31, 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 the contribution level be less than the City’s actual contribution rate to the Texas Municipal Retirement System (TMRS) for that fiscal year, nor shall it fall below the minimum rate established under Article 6243e, 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 Parties have agreed to discuss allowing Fire Dispatchers the option of choosing between membership in the DFRRF or TMRS. Since the Parties do not anticipate having the specifics of this provision finalized prior to the ratification of this Agreement by the Association membership and the City Council, and given that any change in pension membership may require approval by the pension plans, the Parties agree that this issue may be reopened with the agreement of the Association President and the City Manager, or their designees, and the agreement to do so does not require ratification by the membership or the Council. However, should the Parties reopen this issue, and should they come to an agreement, that agreement must be ratified by a majority vote of the Association membership and the City Council using the ratification process in Local Government Code Chapter 142.114 in order to take effect. Furthermore, the Parties agree that if a change is approved by the membership and City Council, the proposed change shall be submitted to the DFRRF and TMRS for their consideration. No change in pension membership agreed upon by the Parties in this Agreement shall be effective unless it is deemed legally permissible and approved by the DFRRF and TMRS pursuant to their respective Pension Plan and State Law. 33 Section 5. The parties will utilize an investment rate of return assumption of no greater than 6.75%. 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 Article does not modify any other provision of this Agreement except those specifically modified herein. ARTICLE 13 DEFERRED COMPENSATION PLAN Section 1. Optional Retirement Program The City will continue to make available the IAFF Financial Corporation 457 Plan (“IAFF Plan") as one of the options that a civil service employee in the Department may elect. A civil service employee in the Department electing to participate in the IAFF Plan assumes full responsibility for tax or penalty provisions as applicable under federal, state or local law. 35 ARTICLE 14 ASSOCIATION BUSINESS LEAVE Section 1. Association Business Leave Authorized Association Representatives who are on duty shall be permitted to have paid time off, designated as Association Business Leave (ABL), to conduct Association business under the conditions specified in this article provided that the ABL does not impact the mission of the Department including operations, staffing, training or other scheduled Department functions. Section 2. Permitted Uses of ABL ABL may be used for activities that directly support the mission of the Department or the Association, or are deemed mutually beneficial to both the Department and Association, but do not otherwise violate the specific terms of this article. It is specifically understood and agreed that no paid time off shall be utilized for political lobbying at the local, state, or national level. The Department head will make reasonable scheduling adjustments and accommodations pursuant to ABL requests to allow authorized Association Representatives to participate on behalf of the Association to attend scheduled Meet and Confer negotiating sessions, subcommittee meetings, and joint Labor/Management Committee sessions between the Association and the City. The Association President or his/her designee may be granted reasonable time off pursuant to an ABL request during working hours to investigate and process grievances, to attend Civil Service, Arbitration, or Court Hearings and to represent Association employees in disciplinary action provided that the President or his/her designee shall request permission from his Battalion Chief. Whenever possible, notification is to be made prior to or at the beginning of a shift. The officers of the Association may be granted ABL for membership meetings of the Association that take place when such officers are scheduled to be on duty. This leave with pay shall be limited to one (1) meeting per month not to exceed two (2) hours per meeting. ABL shall be granted to three (3) Association representatives to attend the TS AFF Convention and to two (2) Association members to attend the IAFF convention, three (3) to attend the TSAFF Leadership Conference, two (2) to attend the TSAFF Service Training Class, two (2) to attend the IAFF Affiliate Leadership Training Seminar, and two (2) to attend the IAFF Redmond Symposium. 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. 36 Section 3. Written Request Required All requests for ABL must be in writing and submitted at least three (3) days in advance to Fire Administration but requests should be made as soon as possible. To be considered timely, the request must be received in person, by fax, or by e-mail by noon of the day notice is due. Section 4. Approval of ABL Requests The Department head or the Department head’s designee will review timely ABL requests to determine approval based on operations, staffing, training or other scheduled Department functions. 37 ARTICLE 15 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and Association recognize that from time to time disagreements between the Parties may arise as to the application or interpretation of this Agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Only matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal or review is afforded by Chapter 143 of the Texas Local Government Code are excluded from the scope of this Article. Section 2. Application of Procedure If the Association has a dispute with the City regarding this Agreement, the Association Executive Board, or Association’s President’s designee, should reduce the dispute to writing and deliver it to the City’s designated representative, who shall be its Department head or designee. A Firefighter or newly classified employee under Article 2 in the Department may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association Executive Board. Each dispute shall be submitted in writing, and must include, at minimum, the following information: 1. a brief statement of the dispute and the facts or events on which it is based; 2. the sections(s) of the Agreement alleged to have been violated; 3 . the remedy or adjustment sought; and 4. the bargaining unit member’s signature or, if filed by the Association Executive Board, the signature of the Association President or designee. Any claim or dispute by a Firefighter or newly classified employee under Article 2 or group of Firefighters or newly classified employees under Article 2 under this Agreement which includes a claim for pay or benefits for any past pay periods must be filed by the employee with the Association Executive Board within fifteen ( 15) business days of the date when the employee knew or reasonably should have known of the claim. Disputes by the Association Executive Board, Firefighter, or a newly classified employee under Article 2 shall proceed along the following steps: Step 1. An aggrieved Firefighter or newly classified employee under Article 2 must initiate a dispute with the Association Executive Board within fifteen (15) business days of the date upon which the Firefighter or newly classified employee knew of or should have known of the facts giving rise to the dispute. A copy of notice or receipt of the dispute shall be forwarded to the Department head by the Association Executive Committee within three (3) business days of the receipt of the dispute. The Association Executive Board shall within their sole discretion determine if a dispute exists within fifteen (15) business days of receipt of the dispute. If the Association determines that no dispute exists, the grievance will be deemed denied and it shall notify the Department head in writing that no further proceedings will be necessary. If the Association 38 Executive Board determines that the dispute is valid, it will notify the Department head of such and forward a copy of the grievance to the Department head within fifteen (15) business days after determination. Step 2. Any dispute found to be valid by the Association Executive Board shall be submitted to the Department head within fifteen (15) business days of the Step 1 decision. After receipt of the dispute, the Department head shall within fifteen (15) business days submit his/her response in writing to the Association Executive Board. If there is no timely reply from the Department head the grievance is deemed denied and will proceed to the next step as indicated. Step 3. If the dispute is not resolved in Step 2, the Association Executive Board may advance the dispute in writing to the City Manager or designee within fifteen (15) business days from receipt of the Step 2 decision of the Department head. The City Manager or designated representative shall review the matter and render a decision in writing to the Association Executive Board within fifteen (15) business days of the receipt of the dispute in Step 3. The City Manager or designee may, at his/her discretion, conduct a conference to further explore the merits of the dispute and to explore resolution options. Step 4. If the dispute is not resolved in either Step 2 or Step 3, either Party shall have the right to seek mediation of the dispute by requesting same in writing within fifteen (15) business days from the Department head’s response or the City Manager’s response. The mediation will proceed before either a mediator with the Federal Mediation and Conciliation Service or before a mutually agreed mediator. The mediation shall be held in available facilities of the City of Denton. Step 5. If the dispute is not resolved at Step 4, the Association Executive Board shall have fifteen ( 15) business days from the date of mediation to determine whether it will pursue the dispute under this article through arbitration. Under this step, the Association Executive Board must deliver a letter indicating its election to proceed to arbitration to the Department head and City Manager. Section 3. Arbitration Option The Parties have agreed that all disputes under this Agreement, which concern the application and interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties exclude from this Agreement disputes involving statutory application and interpretation for rights and claims not arising under sections 142 or 143 of the Texas Local Government Code. The terms of the Agreement, and any factual issues which are determinative in applying the Agreement, shall be the sole province of the designated arbitrator, and his or her decision shall be final. However, the City will only agree to arbitration on the condition that legal issues which are determinative in any contract dispute are subject to judicial review. This additional exception to the Parties’ arbitration Agreement is a narrow one, as reflected by the bargaining history. This contract represents an agreement to submit disputes to arbitration within its scope, and otherwise preserves the existing jurisdiction of Texas Courts over any contract rights and claims not exclusively committed to arbitration. The Parties have agreed that questions of law, which involve either the interpretation and application of state statutes or the application of legal principles from Texas appellate court opinions (or the failure to properly apply such legal principles or opinions) to controversies under this article shall be submitted initially to arbitration, but that either party shall have a limited right of appeal from an arbitration award in the Courts solely for the purpose of reviewing disputed issues of law. No such appeal from arbitration shall include review of any factual determinations by the arbitrator, including credibility of witnesses or weight of the 39 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 provided by 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 the application, the arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, and such other matters as he may deem material. In no event shall discovery be requested within thirty-five (35) calendar days prior to the hearing, unless agreed by the parties. The hearing shall be held in available facilities of the City of Denton and shall be conducted informally, without strict evidentiary or procedural rules. The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association. The arbitrator shall consider and decide only the issue(s) in the dispute statement or submitted in writing by agreement of the Parties. The hearing shall be concluded as expeditiously as possible and the arbitrator's written decision shall be based on a preponderance of evidence within thirty (30) days after close of the hearing, or after receipt of post-hearing briefs if applicable. Section 4. Decision Final and Binding If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall not have authority to modify the Agreement or create additional provisions not included in the Agreement. The Parties agree that neither the City nor the Association shall have ex parte communications with the arbitrator concerning any matter involved in the dispute submitted to the arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself at arbitration, but the fees and expenses of the arbitrator shall be borne equally by the Parties. The written decision of the arbitrator shall be final and binding on both Parties and may not be appealed by either Party, except for any decision procured by fraud or collusion, or which exceeds the arbitrator’s jurisdiction or which is based on legal conclusions or interpretations which are clearly contrary to existing law. Section 5. Mutual Extension All deadlines within this article may be extended by mutual agreement by the Parties. 40 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. Section 7. Memorandums of Understanding The Parties agree that issues may arise that can be resolved quickly and efficiently through a Memorandum of Understanding (MOU) signed by the Association President and the City Manager, or their designee. It is expressly agreed and understood that MOUs entered into during this Agreement between the Association President and the City Manager (or their designee) do not require a ratification vote by the Association membership and City Council. The Parties agree the use of an MOU shall be limited to the following situations: 1. A provision is confusing, ambiguous, or vague, and an MOU would be the quickest and most efficient method of clarifying the Parties intent or the meaning of that provlslorl, or 2. A situation has arisen that the Parties did not contemplate, which is not of a substantive nature or significant change to a provision of the Agreement, and an MOU would be the quickest and most efficient resolution of the unforeseen issue. The Parties agree that an issue of a substantive nature or requiring a significant change to the Agreement (e.g., changing the length of a certified promotional eligibility list from 1 year to 2 years) may not be resolved through an MOU and must be changed and ratified through the ratification process in Texas Local Government Code Section 142.114. Any dispute that cannot be resolved through an MOU, or does not qualify for resolution through an MOU, shall follow the Procedure set forth in the section below. MOUs entered into between the Parties shall be considered additions to this Agreement and may be enforced using this Dispute Resolution Process if either Party refuses to or fails to honor their obligations under that MOU. An MOU entered into during this Agreement terminates when the Agreement terminates unless the Parties expressly agree in writing otherwise. 41 ARTICLE 16 TERM OF AGREEMENT Section 1. Term: This Agreement shall have an effective date of October 1, 2023, and shall remain in full force and effect through September 30, 2027, and may be mutually extended by both Parties Section 2. Automatic Renewal Provision (A)if during this Agreement and any mutually agreed extension, the Parties have bargained in good faith and do not reach a new fully executed and approved Agreement prior to midnight September 30, 2027 (the end of this current Agreement) or prior to midnight of the expiration date of any mutually agreed extension then the Parties agree that the terms of this Agreement shall continue for the subsequent fiscal year, that is, FY 2027-2028 (to be termed a “Holdover Year"). For the purposes of this provision, this includes, but is not limited to the following: 1. Any promotional process which has been commenced (meaning notice of the source materials has been posted) under this Agreement and in substantial reliance upon the provisions of Article 5. 2. All promotional eligibility lists created during this Agreement under Article 5. 3. All reinstatement lists created pursuant to this Agreement under Article 5. 4. Any hiring process which has been commenced (meaning notice has been posted that the Department is accepting applications and announced the date of the written entrance examination) in substantial reliance upon the provisions of this Agreement under Article 4. 5 . The length of the “at will" probationary period for individuals in that status prior to the expiration of this Agreement under Article 4. 6. Any administrative investigation in which a complaint has been filed with the Department prior to the expiration of this Agreement under Article 9. 7. Any disciplinary decision rendered by the Chief prior to the expiration of this Agreement under Article 9. 8. Any appeals of such disciplinary action referenced in part 7 under Article 9. 9. Any dispute that has been initiated pursuant to Article 15 prior to the expiration of the Agreement and that could not be resolved by an MOU. Section 3: Statutory Override: The Statutory Override provisions for Texas Local Government Code Chapter 143 cited in Articles 2, 4, 5, and 9 also apply to this Article. 42 ARTICLE 17 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE AGREEMENT CLAUSE Section 1. Savings Clause If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this Agreement, which shall continue to be in full force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible to agree on a substitute provision. However, if the Parties are unable to agree within thirty (30) days following commencement of the initial meeting, then the matter shall be postponed until Meet and Confer negotiations are resumed. This deadline may be extended by mutual agreement by the Parties. To this end, the provisions of this Agreement are severable. This Agreement may be amended by written mutual agreement. Section 2. Preemption Provision The provisions of this Agreement shall 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 Government Code, 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, advance and discuss all matters properly within the meet and confer process. This Agreement constitutes the full and complete Agreement of the Parties and there are no others, oral or written, except as specified in this Agreement. 43 ARTICLE 18 PAYROLL 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 Fire Association 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. The dues deduction shall be remitted promptly to the Treasurer of the Association. The City agrees to provide a list of those members for whom deductions are made each month. The Association may change the amount of the deduction for those employees who have authorized payroll deductions by providing the City with a letter, at least thirty (30) days in advance of the change, from the Association President advising the City that the amount has changed pursuant to the requirements of the Association's Constitution and Bylaws. The Association will promptly refund to the City any amount paid to the Association in error on account of this dues deduction provlslons. Section 2. Indemnification As a condition of being granted and continuing payroll deduction of dues, the Association shall jointly defend the provisions of this Article on behalf of the City and itself, and shall indemnify the City and any departments of the City and hold it harmless against any and all claims, demands, suits or other form of liability that may arise out of, or by reason or, any actions taken by the City or any department of the City for any purpose of complying with provisions for this Article. The Association shall be entitled to select and direct counsel for such defense but shall reasonably cooperate with counsel designated by the City Attorney to participate. The City agrees that it will not authorize payroll deduction of dues fees for any organization that purports to represent Denton Firefighters in employment matters, that is not currently authorized to have payroll deduction of dues. 44 EXHIBIT "A" DENTON CITY OF DENTON 10.00 Ethics PolicyPolicy Number and Title: Human ResourcesPolicy Section and Chapter: Policy with Administrative ProceduresPolicy Type: 01 / 18/2023Last Revision Date: POLICY STATEMENT Public service is a public trust of which all City employees are stewards. It is essential that the public has confidence 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 of this 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. DEFINITIONS 1 Abuse - The intentional misuse of a City office, employment, contract, or other position or authority by virtue of relationship with the City to : • obtain personal gain or favor from another City employee, vendor, or citizen • unreasonably harm or burden a resident, vendor, business, or other City employee, • violate a City policy, procedure, rule, or regulation in a way that impairs the effective and efficient execution of City operations a. Examples include: Receiving personal gain for awarding contracts to certain vendors Requesting staff to perform personal errands or work tasks for a supervISor or manager Misusing one’s authority or position for personal gain Acting in ways grossly inconsistent with the City’s core values 1 11 iII. IV . 2.Cash or Cash Equivalents – Cash or Cash Equivalents are defined as money or stored value Policy /0. 00 Page 1 of 17 products such as gift cards and gift certificates. Favor - 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. Fraud – the intentional or knowing misappropriation of City assets by any act including, but not limited to, theft, corruption, conspiracy, embezzlement, deception, bribery, extortion, and intentional misrepresentation. Attempted fraud is treated as seriously as accomplished fraud. Further examples of fraudulent activity are outlined in the City’s Fraud Response Policy (509.01) Game 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) . Gift - 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 or Cash Equivalents, merchandise, food baskets/trays, meals, transportation, lodging, entertainment, use of facilities or property, and discounts. Honorarium – An Honorarium is defined as payment of money or anything of value in return for an appearance, speech, or article. 3. 4 5 6 7 8. Perishable Items – Perishable Items are defined as fresh food (not pre-packaged for the intention of extended shelf life) having a shelf life of less than a few days. Plants are also considered Perishable Items. 9. Nominal Value – The Nominal Value is of an item is defined as having a value of less than $25.00, 10. Relative – For the purposes of this policy, Relative shall include, but not be limited to, the following familial relationships: Relationships by Bloodms• Great • (including %grandparents • siblings)• Great grandchildren l• Grandparents • Uncle • Grandchildren • Aunt • Nephew • Niece • First Cousin Relationships by Marriage Spouse (legal r• • Sister-in-law grandparentsor corrlrrlorl in-law• Grandparents-law) • GreatStep-Parents in-law Step-• Grandchildren grandchildren in-lawChildrenin-law Parents-in • Uncle-in-law law • Aunt-in-law Son-in-law • Nephew-in-law Daughter-in'• Niece-in-law law • First cousin-in law Parents Children (includes adoption) Page 2 of 17 11. Trophy - A Trophy is defined as a tangible, durable reminder of a specific achievement, and serves as recognition or evidence of merit. 12. Waste - The intentional or unintentional, grossly inefficient, or uneconomical use of City assets or resources; or unnecessarily incurring costs to the City as a result of grossly inefficient practices, systems, or controls a. Examples include: Purchasing supplies, goods, or services at artificially inflated prices Making purchases without a valid business need or purchasing quantities of goods that the City is unlikely to fully utilize in a reasonable period of time Renewing a contract for goods or services that the City no longer uses 1 11. 111. ADMINISTRATIVE PROCEDURES I. Conflicts of Interest A conflict of interest is a situation in which personal and/or financial considerations actually have or may have the potential to influence 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 manage the associated risks, real or perceived, it is the City’s policy to address conflicts of interest through disclosure and recusal. A. General Rules Employees shall be proactive and transparent with any relationships that create an actual or 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 a client or employer of the employee’s spouse, child, parent, or member of the household an entity for which the employee serves as an officer, 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 an actual or a potential conflict of interest 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 the purchase of goods or services on behalf of the City who have an actual or perceived conflict of interest must submit a disclosure form prior to the commitment of any funds to a vendor. Employees involved in Page 3 of 17 a procurement 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, commitment of funds, or solicitations that involve the vendor or individual(s) identified in the conflict. Failure to disclose an actual or potential conflict of interest may result in corrective action, up to and including dismissal of employment. II. Private Interests Employees shall not use their position with the City: • to receive special treatment for themselves or anyone else including the receipt of discounts from parties an employee might be interfacing with as part of the employee’s role with the City; or • to unfairly impact 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. Decisions on behalf of the City shall be made on the merits of the issue, not on any personal considerations. Employees shall not use any City property, resources, or time for any of the prohibited purposes stated above. III. Nepotism In order to prevent conflicts of interest, to avoid accusations and perceptions of biased conduct, and to maintain the confidentiality of restricted information, employment of certain related persons by the City, defined as a Relative by this policy, 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 be employed by the City of Denton, who is a Relative of any member of the City Council or the City Manager as defined by this policy, and this shall apply to heads of departments in their respective departments. In a department comprised of more than one operational division, an applicant who is a Relative of a City employee employed in that operational division will not be eligible for employment within the Page 4 of 17 same division. An applicant for a job in a department consisting of one operational division who is a Relative 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 approval of 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 relation to 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 a Relative of any member of the board. NOTE: Nepotism guidelines as defined in approved Meet and Confer agreements will supersede this policy. A. “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. B.An applicant shall be required to list on their application for employment all Relatives 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 employed 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. C. No current employee may be appointed or promoted to any supervisor’s span of responsibility who is a Relative of that supervisor. D. 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 same division or department if 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 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 treatment. 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. Page 5 of 17 E. 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 relative to 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. F. 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 Manager or department head who is a Relative of the employee. However, the employee may not report directly to their Relative. G.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 mandatory reassignment. If this is not possible, one of the employees will be subject to dismissal. The determination of which employee shall be reassigned or terminated will be based upon the business interest of the operational division. H. Temporary and seasonal employees of the City shall be partially exempt in that two (2) or more members of the same family who are Relatives 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, 2.Related employees will not occupy positions in the same line of authority in which employees can initiate, influence, or participate in, directly or indirectly, decisions involving a direct benefit. Examples of such decisions include, but are not limited to, hiring or rehiring, retention, transfer, promotion, wages, leave requests, or other working conditions, 3. Employees may not audit, evaluate, or review, in any manner, the related employee’s work, 4. Employees will not be informed of or involved in corrective actions or performance management regarding the related employee’s work, and Page 6 of 17 5. The relationship will not create an adverse impact on work on the department (e.g., reduction in work productivity, performance, disruption, etc.). 1.Any employee relationship, regardless of the position the affected parties are in, that creates a disruption or potential disruption in the work environment, creates an actual or perceived conflict of interest as determined by the employee’s supervisor(s), Compliance, the Human Resources Department, or the City’s Manager’s Office, or is otherwise prohibited by applicable law is not permissible under this policy. J.This policy applies to all current employees and candidates for employment. 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). Cash or Cash Equivalents shall not be provided to employees at internal employee events or appreciation events sponsored or hosted by the City, nor shall the City provide Cash or Cash Equivalents as appreciation for achievement or recognition to the employee. There are a few exceptions to the gift prohibition. Employees should use their best judgement of what meets this criterion and ask for clarification from their supervisor, Compliance, or Human Resources, when needed. Exceptions include: • • • • • Items offered or received at an internal employee event sponsored or hosted by the City (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 of Nominal Value given by member(s) of the public or a civic organization expressing general appreciation to a department, office, or work group; Items of Nominal Value received by an employee as part of an appreciation event sponsored or hosted by the City, a civic organization, or non-profit (excluding items received from vendors or parties who have or could potentially have business with the City, where acceptance of the item might be interpreted as creating a conflict of interest for the employee); Items of Nominal Value received for achievement or recognition in conformance with this Section; • Page 7 of 17 • • Items received from personal friends, relatives, or business associates with whom they have a relationship independent of their position with the City as long as the item is not offered in exchange for an action or decision; or Discounts that are available to all City employees; see the City’s solicitation policy (114.01). If a gift does not meet one or more of these exceptions and is accepted by an employee (or the employee is unable to respectfully decline the gift), the gift must be disclosed and donated in accordance with Section IV.D – Disclosure. Gifts or Favors shall neither be solicited nor accepted as part of a quid pro quo arrangement in which the gift is granted to the employee or expected by the employee in return for the performance of an official act. Bribery is prohibited, with no exceptions, as stated in the Texas Penal Code 36.10. 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 or risk of impropriety by avoiding meals and/or social functions with individuals, businesses, or organizations that can be reasonably inferred as personally benefitting the employee and/or influencing the employee’s professional judgment 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; or The meal is discounted or gifted by personal friends, relatives, or business associates with whom they have a relationship independent of their position with the City as long as the item is not offered in exchange for an action or decision. 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 (See Travel Expenses policy 408.01 and Reimbursement of Professional Development Activities policy 408.03), where applicable. Discounted or complimentary registration, transportation, meals, or lodging for events are prohibited with the exception of: Page 8 of 17 • • • • Transportation and lodging discounts that are extended to all government employees or attendees of the event (e.g., government hotel rate or buy 2 get 1 free conference registration); Meals that meet the exceptions outlined in the meals section of this policy (Section IV-B); Scholarships earned from organizations that are not vendors or that do not have the potential to benefit contractually or financially from the City or its employees; or Admission, transportation, meals, entertainment, or lodging accepted as a guest for a widely-attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event, offered by the sponsor of the event, and unsolicited by the employee provided the employee participates in the event as a speaker or panel participant by presenting information related to their duties as a City employee. If an event does not meet the exceptions provided above for Gifts, meals, or events, and an employee feels attendance is necessary for their essential job duties, they can seek prior approval to attend the event from the City Manager or their designee. In granting specific exceptions, the City Manager or their designee shall consider if the gratuitous nature of the gift, meal, or event is likely to unduly influence the employee or interfere with the objective performance of the employee’s official duties. If in the sole discretion of the City Manager or their designee it is determined that acceptance of a particular gift, meal, or event attendance is reasonably likely to cause the employee to demonstrate biased behavior or preferential treatment, the request for an exception shall be denied. 1. Honorariums State law prohibits a public servant from soliciting or accepting an honorarium if the subject matter is directly related to the person's official duties or if it occurs because of the public servant’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 acceptable in these circumstances. 2. Games of Chance 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). 3. Achievement or Recognition Employees may accept items of nominal value such as plaques, certificates, Trophies, and flowers that are awarded for recognition of meritorious service or professional achievement and intended solely for presentation. Trophies provided due to employee performance in a pre-approved competitive event may be accepted. Employees may Page 9 of 17 accept certification, honorary membership, or a fellowship awarded on the same terms and based on the same criteria applied to other candidates or applicants. Acceptance of Cash or Cash Equivalents, or any other prizes that do not meet these terms are prohibited. 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 does 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 and official City boards that require appointment by Council) that have business with the City through contract or financial support will require disclosure and approval to avoid appearance of favoritism, 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 a conflict of interest for either the employee or the City. Employees must recuse themselves from discussing or making decisions regarding any City business with the board, commission or association while serving on the board, commission, or association. The employee must also take steps to ensure the meeting’s minutes adequately document the recusal. VI. Confidential Information Confidential information includes all information held by the City that is not available to the public under the 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 concerning the property, operations, policies, employees, or affairs of the City. This rule does not prohibit: Page 10 of 17 A. Any disclosure that is no longer confidential by law, which would include providing information pursuant to a lawfully issued subpoena; or B. 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 consequences 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 total productivity during working hours and with loyalty from its employees. No City time, resources, personnel, facilities, or equipment may be used in conjunction 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. Membership in the military reserves is not considered secondary employment under this policy. For more information regarding employees in the military reserves, please see the City’s Military Service Leave policy (111.04). As the primary employer, the employee must recognize the City's need for flexibility and changing schedules 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 section. All requests for secondary employment must be submitted on a “Secondary Employment Approval Request” form. 2 Page 11 of 17 3. Before approving a request for secondary employment, supervisors and department heads must 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. 4. 5. 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. Approval may be denied or withdrawn at any time by the department head, upon consultation with the Human Resources Director, or designee, 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. 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. 6. 7. An approval form is required for every job outside of the City, regardless of location, nature of work, or likelihood of a conflict to exist or occur. 8. A review and approval of the secondary employment is required annually, and a new approval form will be required as a result of the annual review. A new approval form will also be required for changes to employers, positions, or work hours for secondary employment. 9. Approval does not constitute the establishment of a joint employment relationship between the City and any external employer. 10. If the employee accepts secondary employment without approval, the employee may be subject to disciplinary action, up to and including dismissal from the City. 11. If an employee is injured while self-employed, working as an independent contractor, or working for another organization, they will not be covered by the City’s workers’ compensatron program. 12. If an employee is injured in the course and scope of employment with the City, and is missing time from work, the employee must seek written approval from the Deputy Director of Risk and Compliance or Human Resources Director (or their designees) before continuing to work their secondary job (See Workers’ Compensation/Salary Continuation Program policy 409.01. B. Internal Secondary Employment 1. A regular full-time employee may have a part-time job in another department if approved by the supervisor and department 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 Page 12 of 17 Director, or designee, must also approve a full-time employee working a part-time position with the City. 2.Employees may also work more than one part-time job with the City as long as the relevant guidelines outlined 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: a. Status sheets - pay records b. Allocation and transfer of charges The secondary employer must coordinate the 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: • Pursuant to duly adopted City policies; or • 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 policy 505.03 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 matters of both private and public concern. This policy 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 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: Page 13 of 17 • • • • 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 discrimination and harassment. Employees who distribute or post communication by way of social media, or other means, which has the effect of any of the following may be subject to disciplinary action: • • • • • • destroying the efficiency of City employees in performing their duties; impairing harmony; interfering with or disrupting City operations or functions; undermining authority ; 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. See the City’s Disciplinary Action policy 109.01 regarding unbecoming conduct. Any employee who believes that their First Amendment Right has been infringed upon may request an administrative review under the Disciplinary Actions policy 109.01, Section 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 111.03 outlines leave time for the purpose of voting. Employee involvement in political campaigns does have limitations, as follows: • • • • Per the City’s Solicitation policy 114.01, 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 to vehicles and uniforms; Employees shall not lobby on behalf of the City without prior written approval from the Page 14 of 17 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 they participated 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 that 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. Retaliation for the reporting of inappropriate, unlawful, or unethical conduct is prohibited per the City’s Retaliation Act Administrative Directive 108.06. 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. Examples of behaviors include, but are not limited to: • • • • • • • • • Theft or misuse of City resources; Abuse of position; Misuse of confidential information; Personal use of City-owned resources; Bribery; Fraud, Waste, and Abuse Falsification of documents; Conflicts of interest; or Violations of City procurement policy. Page 15 of 17 XIII. Training Employees shall complete annual training regarding this policy. XIV. Exceptions Generally If an exception is not specifically provided for in this policy, an employee may seek an exception from Compliance or the City Manager’s Office. In granting specific exceptions, Compliance or the City Manager’s Office shall consider the nature of the act or relationship in light of the purposes and objectives of this policy. Compliance or the City Manager’s Office shall weigh whether public knowledge of the granting of the exception would erode public trust in the employee, specifically, and the City, generally. Of crucial concern shall be whether granting the exception is allowed by law and likely to unduly influence the employee or interfere with the objective performance of the employee’s official duties. If in the sole discretion of Compliance or the City Manager’s Office it is determined that granting the exception is not allowed by law or is reasonably likely to cause the employee to demonstrate biased behavior or preferential treatment, or further the interests of the employee, personally, without a corresponding benefit to the City as an organization, the request for an exception should be denied. Granted exceptions must be reported to City Council through written report. REFERENCES • • • • • • • • • • • • • • City City City City City City City City City City City City City City Policy 108.06 – Retaliation Act Policy 108.10 – Harassment Prevention/Workplace Abuse Policy 108.13 – Investigation and Inspection of City Facilities/Equipment Policy 109.01 – Corrective Action Policy 111.03 – Absence for Voting Policy 11 1.04 – Military Service Leave Policy 114.01 - Solicitation Policy 408.01 – Travel Expenses Policy 408.03 – Reimbursement for Professional Development Activities Policy 409.01 – Workers’ Compensation/Salary Continuation Program Policy 409.05 – Comprehensive Driving and City Vehicle Use Policy 505.03 – Social Media and Digital Platforms Policy 506.05 – Email Use by Employees Policy 509.01 – Fraud Response Page 16 of 17 REVISION HISTORY Revision 1 Effective# 1 Date Owner Summary of Changes 1.0 2.0 3.0 4/17/1 8 2/1 1/20 11/16/21 t C. Moar • • General formatting changes Addition of “potential conflicts of interest” into disclosure and recusal requirements and notice that failure to disclose actual conflicts of interest may results in disciplinary action. Prohibition on providing Cash or Cash Equivalents in certain situations. Clarifications on Gifts, Meals and Events definitions and exceptions. Requirement for approval forms to be completed annually for external secondary employment. Prohibition on retaliation for reporting unethical conduct and inclusion of Fraud in example of unethical behaviors. • • • • 4.0 1/18/23 C. Moar (Ethics & Compliance) • • • Addition of Fraud, Waste, and Abuse definitions Addition of first cousins and first cousins-in- law to Nepotism requirements Addition of definition of “Relative” and removal of references to “third degree of affinity or consanguinity” when referring to Nepotism requirements Clarification that secondary employment section doesn’t apply to military reservists • Page 17 of 17 SIGNATURE & EXECUTION PAGE THE FOREGOING iNSTRUMENT HAS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: Date:It”/”z‘ CITY MANAGER 7/P&g„‘ d/„,,', CITY ATrORN EY bSSOCATION I AFF LOCAL 1291 *I„ (%pbDate ASSOCIATION PRESIDENT 1 / 29 / O23 WARD MORTON ASSOCIATiON SECRETARY Date: