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/
,/
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Brian Beck. District 2:
Paul Meltzer, District 3 :
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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
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ATTEST:
JESUS SALAZAR, CITY SECRETARY L\\\11111111
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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A
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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
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(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.
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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,
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(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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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)
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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
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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
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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.
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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
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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;
•
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•
•
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:
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•
•
•
•
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
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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:
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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
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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
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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:
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•
•
•
•
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:
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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.
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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:
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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
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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.
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4.0 1/18/23 C. Moar
(Ethics &
Compliance)
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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: