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SA0ur Documrnts\Ordinancesl09tpolice meet & confer agreement.doc
ORDINANCE NO. SODS/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND
CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON POLICE
OFFICERS ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Meet and Confer Agreement between the City and the Denton Police Officers Association in
substantially the form of the agreement attached hereto and made a part of this ordinance for all
purposes (the "Agreement").
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of , 2009.
A-j~'
MARK A.-BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AVO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Meet and Confer Agreement Between
The City of Denton
and
Denton Police Officers Association
Fiscal Years 2009-2010; 2010-2011 and 2011-2012
TABLE OF CONTENTS
Definitions ........................................................................................................................................1
Article 1 - Authority and Recognition
..2
Article 2 -
Hiring
..3
Article 3 - Promotion
..6
Article 4 -
Appointment of Personnel
10
Article 5 - Discipline
11
Article 6 -
Change in Shift Assignment
12
Article 7 - Compensation
13
Article 8 -
Court Time and Call Back
15
Article 9 -
Assignment Pay
16
Article 10
-Civil Service Commission
17
Article 11
- Contract Interpretation Dispute Resolution Procedure
18
Article 12
-Term of Agreement
22
Article 13
- Savings Clause and Preemption Provision
23
Exhibit A
- Panel of Arbitrators
25
ii
DEFINITIONS
1. "Agreement" means the Meet and Confer Agreement entered between the Denton Police
Officers Association and the City of Denton.
2. "Association" means the Denton Police Officers Association, its elected leaders and its
collective membership.
3. "City" means the City of Denton, its mayor, city council members, city manager, police
chief and those persons designated by the City of Denton to manage the city and its
police department.
4. The term "commission" means the Denton Fire Fighters' and Police Officers' Civil
Service Commission.
5. The term "days" refers to calendar days unless otherwise specified.
6. The term "Department" means the Denton Police Department.
7. The term "Department head" means the Chief of the Denton Police Department,
designee, or an acting Chief of the Denton Police Department.
8. The term "director" means the director of the Denton Fire Fighters' and Police Officers'
Civil Service Commission.
9. The term "Local Rule" means the Local Rules and Regulations of the Denton Fire
Fighters' and Police Officers' Civil Service Commission.
10. The term "Officer" means a member of the Denton Police 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.
11. "Parties" means the City of Denton and the Denton Police Officers Association.
1
ARTICLE 1
AUTHORITY AND RECOGNITION
The City of Denton recognizes the Denton Police Officers Association as the sole and exclusive
bargaining agent for the covered Police Department police officers described in the petition for
recognition, excluding the head of the law enforcement agency and excluding the employees
exempt under subsection (b) of section 142.05 of the Texas Local Government Code, in
accordance with subchapter B of Chapter 142 of the Texas Local Government Code and the
petition. It is intended to include all permanent paid employees of the Police Department who
have been hired in substantial compliance with provisions of Chapter 143 of the Texas Local
Goverrahent Code but does not include civilians or other employees. It is not intended to deny
local control by the City except as provided by this Agreement under section 142.059 of the
Texas Local Government Code.
In consideration of this authority, the Denton Police Officers Association agrees to act
impartially and without discrimination on behalf of all affected police officers, irrespective of
their membership status in the Denton Police Officers Association.
2
ARTICLE 2
HIRING
Section'1. Department List
In this Article "Department 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 tiebreakers applied to a passing grade, and shall not mean the eligibility list from which an
applicant may be appointed.
Section 2. Application of Certifications
a. From the Department List, the Department head or designee shall identify the persons with a
score of 90-105 and identify those persons as Group A. Within Group A, the Department head
or designee shall identify the persons holding a Texas Peace Officer Certification in the
following rank order highest to lower: Master Peace Officer Certificate, Advanced Peace Officer
Certificate, Intermediate Peace Officer Certificate and Basic Peace Officer Certificate above
those without a Texas Peace Officer Certification within Group A on the Department List.
b. From the Department List, the Department head or designee shall identify the persons with a
score of 80-89 and identify those persons as Group B. Within Group B, the Department head or
designee shall identify the persons with a Texas Peace Officer Certification and rank those
persons according to the level of their Texas Peace Officer Certification in the following rank
order highest to lowest: Master Peace Officer Certificate, Advanced Peace Officer Certificate,
Intermediate Peace Officer Certificate and Basic Peace Officer Certificate above those without a
Texas Peace Officer Certification within Group B on the Department List.
c. From the Department List, the Department head or designee shall identify the persons with a
score of 70-79 and identify those persons as Group C. Within Group C, the Department head or
designee shall identify the persons with a Texas Peace Officer Certification and rank those
persons according to the level of their Texas Peace Officer Certification in the following rank
order highest to lowest: Master Peace Officer Certificate, Advanced Peace Officer Certificate,
Intermediate Peace Officer Certificate and Basic Peace Officer Certificate above those without a
Texas Peace Officer Certification within Group C on the Department List.
d. Once the Department head or designee completes the ranking according the certification
under this section, the list will be referred to as the "certification list" and will be forwarded to
the commission. The director shall certify the list, making it the "eligibility list," and shall
provide to the municipality's Department head, or designee, the names of the persons on the
eligibility list.
Section 3. Selection for Beginning Positions
a. From those persons holding a Texas Peace Officer Certification ranked within Group A, the
Department head shall appoint the person highest on the eligibility list if that person has
3
otherwise satisfied all of the requirements for eligibility for a beginning position in the Police
Department unless passed over under section 143.026 of the Texas Local Government Code. The
Department head or designee shall process in descending order the remainder of persons holding
a Texas Peace Officer Certification for any additional beginning positions to be filled.
b. Once the remainder of the persons holding a Texas Peace Officer Certification in Group A is
exhausted, the remainder of the persons in Group A shall be processed if there are additional
beginning positions to be filled. The remainder of persons in Group A that do not hold a Texas
Peace Officer Certification will be processed in descending order based upon their rank on the
eligibility list.
c. If there are additional beginning positions to be filled after steps a and b are completed
above, from those persons holding a Texas Peace Officer Certification ranked with Group B, the
Department head shall appoint the person highest on the eligibility list if that person has
otherwise satisfied all of the requirements for eligibility for a beginning position in the Police
Department unless passed over under section 143.026 of the Texas Local Government Code. The
Department head or designee shall process in descending order the remainder of persons holding
a Texas Peace Officer Certification for any additional beginning positions to be filled.
d. Once the remainder of the persons holding a Texas Peace Officer Certification in Group B is
exhausted, the remainder of the persons in Group B shall be processed if there are additional
beginning positions to be filled. The remainder of persons in Group B that do not hold a Texas
Peace Officer Certification will be processed in descending order based upon their rank on the
eligibility list.
e. If there are additional beginning positions to be filled after steps c and d are completed
above, from those persons holding a Texas Peace Officer Certification ranked within Group C,
the Department head shall appoint the person highest on the list if that person has otherwise
satisfied all of the requirements for eligibility for a beginning position in the Police Department
unless passed over under section 143.026 of the Texas Local Government Code. The Department
head or designee shall process in descending order the remainder of persons holding a Texas
Peace Officer Certification for any additional beginning positions to be filled.
f. Once the remainder of the persons holding a Texas Peace Officer Certification in Group C is
exhausted, the remainder of the persons in Group C shall be processed if there are additional
beginning positions to be filled. The remainder of persons in Group C that do not hold a Texas
Peace Officer Certification will be processed in descending order based upon their rank on the
eligibility list.
Section 4. Commission Rules and Statutory Override
a. The commission shall adopt Local Rules in accordance with this article.
b. Sections 1, 2 and 3 of this article shall supercede section 143.025 of the Texas Local
Government Code to allow for the creation of the eligibility list to be based upon Texas Peace
Officer Certifications after passing the written examination in accordance with this article, and
4
section 143.026 to provide for appointment and notification of a pass-over by the Department
head using the process outlined in Sections 1, 2 and 3 of this article.
Section 5. Probationary Period
A person appointed to a beginning position in the Police Department must serve a probationary
period of 18 months beginning on that person's date of employment as a police officer, or
academy trainee. This section of the article shall supercede Sections 143.027(a) and 143.027(b)
of the Local Government Code.
5
ARTICLE 3
PROMOTION
Section 1. Promotions to Sergeant Rank
An Officer is not eligible for promotion to Sergeant rank unless the Officer has served in the
Department in the next lower rank for at least three years immediately before the examination
date. This section supercedes section 143.031 of the Texas Local Government Code to increase
the requisite time of service to a three year pre-requisite in the next lower rank before taking the
Sergeant promotional examination.
Section 2. Promotions to Lieutenant Rank
a. Intent. In adopting this article, the Parties agree to implement a promotional system for
Lieutenant rank using a Records Review in addition to the written examination. The
Parties believe a Records Review added to the selection process for the Lieutenant rank
will improve the selection process and provide promotional candidates a fair opportunity
to display skills and abilities that serve as additional good indicators that they will
perform well in the position of Lieutenant.
b. Adoption and Publication of Rules. The commission shall adopt Local Rules in
accordance with this article.
C. Records Review. A maximum of twenty points of a promotional candidate's score will
be based on the Records Review of a candidate's Records Evaluation Book. Prior to the
administration of the written examination, the Records Review will be scored by
evaluators selected by the promotional candidates. At a meeting prior to the Records
Review, the candidates will be required to meet for the purpose of selecting evaluators
consisting of 1 Captain and 2 Lieutenants. The names of the potential evaluators from
the Department will be provided to the candidates based on the evaluators' willingness to
participate and no scheduling conflicts. The evaluators will be selected by the candidates
by a simple majority vote. In the event of a tie, the evaluator with the most seniority in
rank within the Department will be selected. The evaluators will score the Records
Review as outlined below. The candidates will receive a copy of their respective score
sheets prior to the administration of the written examination.
1. Formal Education (3 points possible)
A maximum of 3 points can be earned in this section. Enrollment and/or course work in
a degree program will not be credited in this section. Points are not cumulative and
multiple degrees will not affect the score. Only the highest degree earned will be
credited. All education must be verified. The degree shall be from an accredited learning
institution of higher education recognized by the State Board of Education in the State in
which the college resides and accredited by the Southern Association of Colleges and
Schools or a similar regional association recognized by the United States Department of
Education.
6
I point: Associates Degree OR 60 semester OR 90 quarter hours, or
2 points: Bachelor's Degree, or
3 points: Graduate Degree
2. Certifications (2 points possible)
A maximum of 2 points can be earned in this section. Points are not cumulative and
multiple certifications will not affect the score.
1 point: Advanced TCLEOSE Peace Officer Certificate, or
2 points: Master TCLEOSE Peace Officer Certificate
3. Evaluations/Training (9points possible)
A maximum of 9 points can be earned in this section, 6 points based on a review of the
candidate's past three years' performance evaluations (2 points per year) and 3 points
based on the candidate's training. If a performance evaluation does not exist for one of
those years, the candidate will receive the 2 points for that year. The evaluators will
evaluate whether a candidate's performance evaluations and listed training demonstrate
an ongoing commitment to improvement of self and, in turn, the Department.
4. Discipline (6 points possible)
Each candidate will start with 6 points, and the following points may then be deducted:
I point for each Written Reprimand ovef the last 3 years designated from the listed date
of examination, and
4 points for each Suspension over the last 3 years designated from the listed date of
examination, and
6 points for each involuntary Demotion over the last 3 years designated form the listed
date of examination.
A score that calculates to less than zero will be counted as "zero."
d. Written Examination. A maximum of eighty points of a promotional candidate's score
will be based on the multiple choice score of the written examination.
e. Selection for the Lieutenant Rank. The promotional candidate's multiple choice score
will be the candidate's raw score. All candidates who receive a raw score of at least 56
points will be considered to have passed the written examination. Upon passing the
written examination, the candidate's raw score, plus Records Review score, plus any
seniority points will constitute the candidate's total score and candidates will be ranked
on the eligibility list and corresponding certified list according to the candidate's total
score. The candidate is entitled to receive one point for each year of continuous service
as a classified police officer in the Department, with a maximum of 10 points. The
Department head shall appoint the eligible promotional candidate having the highest
grade on the eligibility list unless the Department head has a valid reason for not
appointing the person. A vacancy shall be filled within 60 days, if an eligibility list is in
existence, or 90 days, if an eligibility list does not exist, after the date the vacancy occurs.
7
f. Military Duty. The commission may adopt rules providing for the efficient
administration of tests for promotional candidates for Lieutenant rank who are members
of the armed forces serving on active military duty as provided by section
143.032(b)(1)(2) of the Texas Local Government Code.
g. Appeal or Grievance. A promotional candidate may appeal the multiple choice portion
of the written examination under section 143.034 of the Texas Local Government Code
but may not appeal or dispute the Records Review component of the promotional process
before an administrative or judicial body. Likewise no grievance under this Agreement
may be filed concerning the Records Review. The invalidation of any question or
component of the written examination shall not invalidate the remainder of the
promotional process.
h. Statutory Override. Sections 2(a)-(g) of the article supercede the following sections of
the Texas Local Government Code: section 143.032(a) to provide for the scoring of the
Records Review created under this article, section 143.032(c) to allow for the Records
Review process and allow for clarifying questions to be asked in the Records Review
process, section 143.032(f) to expand the preparation and composition allowances to
include the Records Review and to provide for more time for scoring, section 143.032(g)
to allow the Department head's participation in preparing the Records Review of the
promotional process, section 143.033(a) to provide for scoring of the Records Review
outside the presence of the promotional candidates, section 143.033(c) to provide for the
creation of the eligibility list based on both multiple choice and Records Review and for
the potential score to be based on less than 100 points in the event a question is
invalidated, section 143.033(d) to provide for more time to post the grades of the
eligibility list, and section 143.034(a) to limit appeal of the Records Review component
of the promotional process.
Section 3. Eligibility List Forwarded at One Time for Nonentry Positions
a. Intent. This section of the article is intended to omit the administrative process of
ProGiding three names at a time and instead provide a process where all names of the
persons on the eligibility list are certified and provided at once when filling a vacancy for
a nonentry position in the Department.
b. Process. When a vacancy occurs in a nonentry position that is not appointed by the
Department head, the director, on request by the Department head or designee, shall
certify to the Department head the names of the eligibility list.
C. Statutory Override. Sections 3(a)-(c) of the article supercede section 143.036 of the
Texas Local Government Code to allow for the entire eligibility list to be forwarded at
once.
Section 4. Review by Labor/Management Committee
8
Within 60 days from the date of the certification of the eligibility list, the Labor Management
Committee will review the score sheets and Records Evaluation Books submitted as part of the
Records Review process. Each Party shall designate three (3) representatives to serve on the
joint Labor/Management Committee. A minimum of two (2) members from each Party must be
present for a meeting to be held. The Labor/Management Committee will review and report their
findings to the Department head.
9
ARTICLE 4
APPOINTMENT OF PERSONNEL
All positions above Lieutenant may be filled by appointment by the Department head pursuant to
the process provided for in Section 143.014 of the Texas Local Government Code. This article
supercedes section 143.014(b) and section 143.014(c) of the Texas Local Government Code.
10
ARTICLE 5
DISCIPLINE
Section 1. Limitations on Acts Not Related to Criminal Activity and Time To Investigate
Charges
In the original written statement and charges and in any disciplinary hearing conducted under
this Agreement or Chapter 143, the Department Head has 240 days from the date the act (not
related to criminal activity) occurred to discover the act. The Department Head shall have 180
days from the date of discovery, as set forth in the preceding sentence, to investigate and take
disciplinary action for the act (not related to criminal activity). This section shall supercede the
first sentence of section 143.052(h) of the Texas Local Government Code. Nothing in these
sections affects the remainder of section 143.052(h) or affects section 143.056 of the Texas
Local Government Code.
Section 2. Alternative Discipline
Officers suspended up to a maximum of five (5) working days, at the Department Head's
discretion, may forfeit either accumulated vacation, compensatory or sick time equal to the
suspension to serve the suspension with no loss of paid salary. The officer 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 officer has forfeited accumulated vacation, compensatory or sick time
pursuant to the terms of this section. The forfeited vacation, compensatory, or sick time will not
constitute hours worked. This section supercedes section 143.052 and section 143.053 of the
Texas Local Government Code to the extent either of those sections do not allow for the process
outlined in this section.
Section 3. Written Statement
If the Department head suspends an Officer, a copy of the statement giving the reasons for the
suspension shall be delivered in person by the Department head, or his/her designee, to the
suspended Officer. The Department head will file the written statement with the commission
director within 120 hours after the hour of suspension which will deem the statement to be filed
for purposes of section 143.052. Unless the Officer appeals the suspension to the commission,
the Parties agree the director will not forward the written statement to the commission. This
section of the article shall supercede section 143.052(c) of the Texas Local Government Code in
that filing with the director will satisfy 143.052(c). This section also shall supercede 143.052(c)
requiring delivery of the statement specifically by the Department head to the officer. This
section sup'ercedes section 143.052(e) of the Texas Local Government Code in that, in instances
where the Officer does not choose to appeal to the commission, the written statement will only
be filed with the director and not forwarded to the commission.
ARTICLE 6
CHANGE IN SHIFT ASSIGNMENT
The City reserves the exclusive right to determine procedures, timing and standards for all
employee transfers and reassignments; provided, however, Officers shall receive at least 14
calendar days advance notice of transfer or reassignment that result in working different hours of
a shift schedule. An Officer may voluntarily waive the requirement to an advance notice. In the
event of an emergency the Department head or designee may require an Officer to work at any
given time without the requirement of notice given to an Officer. An emergency is an
unexpected happening or event or an unforeseen situation or crisis that calls for immediate action
and requires the Department head to order a Officer to work a shift other than the Officer's
normal schieduled shift assignment.
12
ARTICLE 7
COMPENSATION
Section 1. Base Pay Philosophy
It is the desire of the City to recognize that the employees of the City of Denton Police
Department perform their responsibilities at a level that is above the typical metroplex Police
agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the
average metroplex pay for Police officers while at the same time recognizing the financial
limitations facing the City due to this challenging economic period.
Section 2. Comparator Cities
Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, 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 2010and May 2011 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) The compensation for Police Officer/Recruit, Sergeant, Lieutenant and Captain shall be
proposed on the basis of the following calculations:
The recommended monthly base pay scale shall be calculated by the salary survey conducted in
May 2010 and 2011, utilizing the average minimum base salary and the average maximum base
salary for each rank of the twelve (12) comparator cities as specified in this contract, plus five
percent (5%). The recommendation will propose that the minimum and maximum base pay for
each rank will receive an increase (should an increase be required) to match the survey average
plus five percent (5%). The steps between the minimum and maximum steps will be recalculated
to maintain equal separation between any new minimum and maximum steps.
(b) Increases recommended in subsection 3(a) shall be equivalent 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
Police Officer/Recruit, Sergeant, Lieutenant and Captain shall not receive any base pay increase
regardless of the calculated amount necessary to reach minimum and maximum rates plus five
percent (5%0.
(c) Should the City Council approve a budget that includes lump sum pay increases instead of an
increase to base pay to non-civil service City employees, the ranks of Police Officer/Recruit,
13
Sergeant, Lieutenant and Captain will receive a lump sum payment equal to the average lump
sum increase for non-civil service employees instead of an increase to base pay.
Section 4. Funding Obligations
Depending upon the financial forecasts, the City may implement the compensation
recommendations in section 3 between the first pay period of October and the first pay period of
April of each fiscal year. The City presently intends to continue this Agreement each fiscal year
through its 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 fiscal year 2008-2009, 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
increase recommended under this Article shall be reduced.
I d
14
1 .1
ARTICLE 8
COURT TIME AND CALL BACK
Officers while off duty who are called back to duty shall be paid a minimum of two (2) hours or
actual time worked, whichever is greater. Officers while off duty who are subpoenaed to give
testimony in court about events arising out of their employment shall be paid a minimum of three
(3) hours or actual time worked, whichever is greater. Any hours meeting established criteria for
overtime compensation will be paid at one and a half (1-1/2 times) the officer's regular rate of
pay.
15
ARTICLE 9
ASSIGNMENT PAY
Section 1. Field Training Officer Pay
Each Officer assigned as a Field Training Officer shall be granted pay of $100.00 per month.
Section 2. Tactical Team Pay
Each Officer assigned to the Tactical Team shall be granted pay of $100.00 per month.
Section 3. Investigative Services Bureau, Traffic Enforcement Unit, Administrative
Servicet, Canine Officers, and Hostage Negotiators
Each Officer on a callout list approved by the Department head who is assigned to the
Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, Canine
Officers, and Hostage Negotiators shall be granted pay, effective the first pay period of each
fiscal year, as follows:
Fiscal Year 2009-2010: $50.00 per month;
Fiscal Year 2010-2011: $75.00 per month; and
Fiscal Year 2011-2012: $100 per month.
16
ARTICLE 10
CIVIL SERVICE COMMISSION
Section 1. Commission
It is the desire of the City and the Association to broaden the criteria qualifying persons eligible
to serve on the commission. As a result, a person may be appointed to the commission who has
held public office within the preceding three years provided that the public office held by the
person was not an elected office. This article supercedes section 143.006(c)(5) of the Texas
Local Government Code.
17
ARTICLE 11
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. Matters involving the interpretation, application, or alleged
violations of a specified provision of this Meet and Confer Agreement shall be subject to this
dispute resolution procedure. Any matters for which the right of appeal is afforded by
Subchapter D of Chapter 143 of the Texas Local Government Code are excepted from the scope
of this Article.
Section 2. Application of Procedure
If the Association has a dispute with the City regarding this Agreement, the Association should
reduce the dispute to writing and deliver it to the City's designated representative, who shall be
is Department head or designee.
An Officer may not file a request for contract dispute resolution directly with the City; all
resolution requests must be approved and come from the Association Grievance Committee.
Each dispute shall be submitted on a form similar to the one attached as an exhibit to this
Agreement, and must include, at minimum, the following information:
(1) a brief statement of the dispute and facts or events on which it is based;
(2) the section(s) 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, the
signature of the Association Grievance Committee chairman or Association
President.
Any cletim or dispute by an employee or group of employees 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 within thirty (30) days of the date when the employee knew or reasonably should
have known of the claim.
Disputes by the Association or an Officer shall proceed along the following steps:
Step 1. An aggrieved Officer must initiate a dispute with the Association Grievance Committee
within thirty (30) calendar days of the date upon which the Officer know of or should have
known of the facts giving rise to the dispute. A copy of notice or receipt of the dispute shall be
forwarded to the Department head by the Association Grievance Committee within (3) business
18
days of the receipt of the dispute. The Association Grievance Committee shall within their sole
discretion determine if a dispute exists. If the Association Grievance Committee determines that
no dispute exists, it shall notify the Department head in writing that no further proceedings will
be necessary. If the Association Grievance Committee determines that the dispute is valid, it
shall within fifteen (15) business days after receipt of the dispute, proceed to Step 2 of the
procedure:
Step 2. Any dispute found to be valid by the Association Grievance Committee shall be
submitted to the Department head within five (5) business days of the Step 1 decision. After
receipt of the dispute, the Department head shall within thirty (30) days submit his response in
writing to the Association Grievance Committee.
The Department head may require by policy for submission of contract disputes within the Chain
of command, but shall have a duty to determine the matter within thirty (30) days of its receipt
from the Association.
Step 3. If the dispute is not resolved in Step 2, the Association Grievance Committee may
advance the dispute in writing to the City Manager or designee within ten (10) business days
from receipt of the Step 2 decision by the Department head. The City Manager or designated
representative shall review the matter and render a decision in writing to the Association
Grievance Committee within ten (10) business days of the receipt of the dispute. The City
Manager or designee may, at his or 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 3, either Party shall have the right to seek
mediation of the dispute by requesting same in writing within ten (10) business days. The
mediation will proceed before either a mediator with the Federal Mediation and Conciliation
Service or before a mutually agreed mediator. The mediation shall be held in available facilities
of the City of Denton.
Step 5. If the dispute is not resolve at Step 4, the Association shall have ten (10) business days
from the date of mediation to determine whether it will pursue the dispute under this article
through arbitration. Under this step, the Association must deliver a letter indicating its selection
for arbitration to the Department head.
Section 3. Arbitration Opinion
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 except form this Agreement disputes involving statutory application and interpretation for
rights and claims not arising under sections 142 or 143 of the Texas Local Government Code.
The terms of the Agreement, and any factual issues which are determinative in applying the
Agreement, shall be the sole province of the designated arbitration, and his or her decision shall
be final. However, the City will only agree to arbitration on the condition that legal issues which
are determinative in any contract dispute are subject to judicial review. This additional
exception to the Parties' arbitration Agreement is a narrow one, as reflected by the bargaining
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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 statues or the application of legal
principles from Texas appellate court opinions (or the failure to properly apply such legal
principles or opinions) to controversies under this article shall be submitted initially to
arbitration, but that either party shall have a limited right of appeal from an arbitration award in
the Courts solely for the purpose of reviewing disputed issues of law. No such appeal from
arbitration shall include review of any factual determinations by the arbitrator, including
credibility of witnesses or weight of the evidence. If an appeal from arbitration based on
erroneous application of the law is not successful, the appealing Party shall bear all costs of such
appeal.
If a dispute is submitted to arbitration, within seven (7) calendar days, the Department head
and/or City and the Association shall select an arbitrator by alternately striking names from the
Parties' ''pre-determined panel of six (6) qualified neutral arbitrators. The Association shall strike
the first name under this article with the first dispute brought under this article. Thereafter, the
first strike shall alternate between the Parties. The panel list is attached as Exhibit "A" to this
Agreement. Should any panel member subsequently refuse or be unable to continue to serve on
the panel, the Parties may mutually agree to his replacement form a mutually accepted list of
three (3) arbitrators. In the event the Parties cannot mutually agree to a replacement, the
remaining members of the panel will continue to serve for the duration of the Agreement.
The arbitration should be held at the earliest available date, but may be continued for good cause
shown or upon mutual agreement.
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.
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 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
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exceeds the arbitrator's jurisdiction or which is based on legal conclusions or interpretations
which are clearly contract to existing law.
Section 5. Mutual Extension
All deadlines within this article may be extended by mutual agreement by the Parties.
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ARTICLE 12
TERM OF AGREEMENT
This Agreement shall have an effective date of October 1, 2009, and shall remain in full force
and effect through September 30, 2012.
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ARTICLE 13
SAVINGS CLAUSE AND PREEMPTION PROVISION
Section 1.
If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such
invalidity shall not affect any other provision of this 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. To this end, the provisions of this
Agreement are severable. This Agreement may be amended by written mutual agreement.
Section 2.
The provisions of this Agreement shall supercede the provisions of any statute, Executive Order,
local ordinance, or rule, which are in conflict herewith, including for example and not by way of
limitation, the contrary provisions of Chapter 143; Ordinances of the City of Denton, Texas; and
Local Rules and Regulations of the Civil Service Commission for the City of Denton, Texas.
This preemption provision is authorized by section 142.067 of the Texas Local Government
Code, and the Parties have expressly agreed that each and every provision involving or creating
such a conflict shall have the effect of superceding the statutory standard or result which would
otherwise 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. However, to the extent it may be shown to be necessary to go
outside the four corners of the Agreement, the Negotiation History Document may be utilized to
show the intent of the Parties.
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SIGNATURE & EXECUTION PAGE
THE FOREGOING INSTRUMENT AS BEEN DULY NEGOTIATED,
REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED
BELOW:
THE CITY OF DENTON, TEXAS
(Approved by Denton City Council on Zelf 2009)
By: Dated: ~ b/a z/o S'
G O GE C. CAMPBELL
CITY MANAGER
By: Dated: o
NNIF WA ERS
ITY S RETARY
APPROVED:
ROY INTER HN KN
POLICE CHIEF DEPUTY CITY ATTORNEY
THE DENTON POLICE OFFICERS ASSOCIATION,
(Ratified by DPOA Membership on I q of S0VR , 2009).
F
By: AwAny
TR ENS
PRESIDENT, DENTON POLICE OFFICERS ASSOCIATION
By: 4 Dated: 101 o i I aacq
V INIA W. NICHOLS
SECRETARY, DENTON POLICE OFFICERS ASSOCIATION
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EXHIBIT A
PANEL OF ARBITRATORS
Norman Bennett
Otis King
Francis Quinn
Bill Detwiler
Donald Goodman
John Barnard
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