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FirstAmendmenttoAgreementKOrdinanceNo.201215708/07/12JR
SecondAmendmenttoAgreementKOrdinanceNo.201301502/05/13JR
ThirdAmendmenttoAgreementKOrdinanceNo.201425708/19/14JR
S:\Our Documdus\0r6ianccs\09Uirc nicer & confer agrccmaILdoc
ORDINANCE NO. 2OW-, -~2..3E 3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND
CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FIRE
FIGHTERS ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Meet and Confer Agreement between the City and the Denton Fire Fighters Association in
substantially the form of the agreement attached hereto and made a part of this ordinance for all
purposes (the "Agreement").
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2009.
MARK A. BVRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ( ~,o m-_. )a I In
APPR ED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: zz~
Meet and Confer Agreement
Between
The City of Denton
and
Denton Fire Fighters Association,
IAFF Local 1291
Fiscal Years 2009-2010; 2010-2011 and 2011-2012
TABLE OF CONTENTS
Definitions 1
Article 1 - Recognition 2
Article 2 - Transition for Certain Civil Service and Appointed Positions 3
Article 3 - Labor/Management Relations 11
Article 4 - Hiring Process 12
Article 5 - Promotions ..................................................................................................................17
Article 6 - Nepotism 20
Article 7 - Safety and Health 21
Article 8 - Discipline 22
Article 9 - Compensation 23
Article 10 - Pension 25
Article 11 - Deferred Compensation Plan 26
Article 12 - Association Business Leave 27
Article 13 - Contract Interpretation Dispute Resolution Procedure 29
Article 14 - Term of Agreement 33
Article 15 - Savings Clause Preemption Provision and Complete Agreement Clause 34
Exhibit A - Panel of Arbitrators 36
Exhibit B 37
11
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 "Local Rule" means the Local Rules and Regulations of the Denton Fire
Fighters' and Police Officers' Civil Service Commission.
10. 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.
11. "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.
1
ARTICLE 1
RECOGNITION
The CITY OF DENTON recognizes the DENTON FIRE FIGHTERS ASSOCIATION,
IAFF LOCAL NO.1291, as the sole and exclusive bargaining agent for the covered
Firefighters described in the petition for recognition, excluding the head of the fire
department and excluding the employees exempt under Subsection (b), in accordance
with subchapter C of Chapter 142 of the Texas Local Government Code.
2
ARTICLE 2
TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED POSITIONS
Section 1. Intent.
In the Parties' prior agreement, effective October 1, 2006, (the "2006-2009 Agreement")
the Parties agreed to reclassify certain non-civil service civilian positions in the Fire
Prevention Division and Administration Division to civil service for certain civil service
benefits and protocols under Chapter 143 of the Texas Local Government Code to create
a more unified Department incorporating Operations, Administration and Fire
Prevention. To further that transition and that goal, the Parties agree to reclassify certain
existing civil service positions in the Fire Prevention Division and Administration
Division. The Parties intend for any variation of civil service provisions by this
Agreement to also apply to the reclassified positions affected by Article 2 in the 2006-
2009 Agreement and this article unless provided otherwise by the Agreement.
Section 2. Employees Affected and Civil Service Status in 2006-2009 Agreement
and this Agreement.
(A) The former non-civil service positions affected by Article 2 of the 2006-2009
Agreement included the following positions:
• Public Education Officer,
• Fire Inspector,
• Senior Fire Inspector,
• Fire Protection Engineer Associate,
• Assistant Fire Marshal,
• Fire Marshal,
• Fire Recruitment Management Analyst and
• Emergency Management Program Manager.
A Fire Department employee who served in one of these positions was not required to
take a competitive examination to remain in the employee's position if the employee was
appointed to that position before October 1, 2006.
(B) At the time of the effective date of the 2006-2009 Agreement, the former non-civil
service employees affected by former article 2 automatically waived into and qualified
for the provisions of civil service status under Chapter 143 concerning classification
status, disciplinary action, appeals, protocols, sick leave, on duty injury leave, and other
such provisions, with the exception of those provisions relating to promotions or transfers
and except as otherwise provided in the 2006-2009 Agreement.
(C) The civil service positions affected by this article include the following:
• Fire Inspector Specialist,
• Fire Protection Engineer Associate,
• Assistant Fire Marshal,
• Fire Marshal,
3
• Fire Recruitment Management Analyst and
• Emergency Management Program Manager.
Section 3. New Fire Prevention Division Titles and Ranks.
(A) Fire Inspector Specialist I.
Pursuant to the terms of the 2006-2009 Agreement, the Public Education Officer, Fire
Inspector and Senior Fire Inspector were replaced with a Fire Inspector Specialist
classification. The Fire Inspector Specialist shall be reclassified to a Fire Inspector
Specialist I at the current Firefighter base pay and applicable step plus $300 assignment
pay per month. The applicable step determination will be based on the time in rank of
Fire Inspector Specialist and Fire Inspector Specialist I. Incumbents in the Fire Inspector
Specialist classification will automatically be reclassified into the classification of Fire
Inspector Specialist I on the effective date of this Agreement.
(B) Fire Inspector Specialist II.
A new supervisory Fire Prevention position shall be established with the classification of
Fire Inspector Specialist II with a salary at the current Driver base pay and applicable
step plus $400 assignment pay per month.
(C) Fire Protection Engineer Associate.
(1) Classification. Pursuant to the 2006-2009 Agreement, the Fire Protection
Engineer Associate was classified in place. This classification will continue but will be
eliminated when vacated and replaced with the classification of Fire Protection Specialist.
(2) Base Salary for Fire Protection Engineer Associate. The recommended
base salary percentage increase for the Fire Protection Engineer Associate shall be
calculated by taking the average percentage increase, excluding step increases, for
contract year for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion
Chief
(3) Assignment Pay. The Fire Protection Engineer Associate shall receive $400
per month assignment pay. The replacement classification of Fire Protection Specialist
shall receive $500 per month assignment pay.
(D) Assistant Fire Marshal.
(1) Classification. Pursuant to the 2006-2009 Agreement, the Assistant Fire
Marshal was classified in place. This classification will continue but will be eliminated
when vacated and replaced with the classification of Deputy Fire Marshal.
(2) Base Salary for Assistant Fire Marshal The recommended base salary
percentage increase for Assistant Fire Marshal shall be calculated by taking the average
percentage increase, excluding step increases, for the contract year for the ranks of Fire
Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief.
4
(3) Assignment Pay. The Assistant Fire Marshal shall receive $500 per month
assignment pay. The replacement classification of Deputy Fire Marshal shall receive
$600 per month assignment pay.
(E) Future Job Descriptions for Fire Inspector Specialist I, Fire Inspector Specialist
II, Fire Protection Specialist and Deputy Fire Marshal. The joint Labor/Management
Committee will develop job descriptions including minimum and preferred qualifications
for the positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection
Specialist and Deputy Fire Marshal and make a recommendation to the Department head.
The Department head will determine whether to adopt the recommendation and will
determine minimum and preferred qualifications for this position.
(F) Filling Fire Prevention Division Vacancies.
(1) Vacancies in the Fire Prevention Division will be filled in a manner determined
by the Department head and in accordance with this subsection of the article. This
excludes the appointed positions in section 5 of the article. The process by which the
vacancies are filled is not restricted by article 5, the promotions article in this Agreement,
or restricted by Chapter 143 of the Texas Local Government Code.
(2) Firefighters may voluntarily transfer to the Fire Prevention Division to fill
vacancies according to the eligibility outlined in subsection 3 below provided:
(a) he/she meets the requirements of the job description for the position
he/she is applying for, and
(b) he/she is recommended by the Fire Marshal and approved by the
Department head.
(3) Firefighters transferring under this section retain their pay grade and benefits and,
in addition, receive any assignment pay for the applicable Fire Prevention Division
position. Transfers to the Fire Prevention Division shall not be for promotional purposes
under Civil Service rules. Therefore, Firefighters transferring into the Fire Prevention
Division may only transfer to an equivalent rank as follows:
Fire Inspector Specialist I = Fire Fighter
Fire Inspector Specialist II = Driver
Fire Protection Specialist = Captain
Deputy Fire Marshal = Battalion Chief
(4) Firefighters transferring to the Fire Prevention Division must complete the
assignment for a minimum of two years. This assignment may be shortened or
lengthened by mutual agreement of the Firefighter and the Fire Marshal and approved by
the Department head. At the expiration of the two-year assignment, the Firefighter may
transfer back to Operations.
(5) An exception to the two year assignment shall be for promotions. A Firefighter
assigned to the Fire Prevention Division shall be entitled to take an Operations
5
promotional examination if otherwise eligible. The Firefighter may promote out of the
Fire Prevention Division back into the Operations Division.
(6) If no qualified volunteers from the Operations Division apply for a Fire
Prevention Division transfer position, the Department head will make an assignment to
that position from the Operations Division. The assignment will not be for longer than
two years. The assignment may be shortened by mutual agreement of the Firefighter,
with the recommendation of the Fire Marshal and approval of the Department head.
(7) No Probationary firefighters will be assigned to the Fire Prevention Division.
(8) The Fire Marshal, with the approval of the Department head, may appoint a
current member of the Fire Prevention Division to the vacant new position, provided
he/she meets the requirements of the job description. Current members appointed in such
a manner will enter the position at the applicable civil service rate for that rank and
follow the steps in that classification. He/she will receive any applicable assignment pay
for the position he/she fills.
(9) A vacancy in the former Fire Prevention Division positions of Fire Protection
Engineer Associate and Assistant Fire Marshal will not be filled. The position will be
replaced with the corresponding new classification of either Fire Protection Specialist or
Deputy Fire Marshal and the prior position eliminated.
Section 4. Fire Recruitment Management Analyst.
(A) Classification. Pursuant to the 2006-2009 Agreement, the position of Fire
Recruitment Management Analyst was classified in place. This classification will
continue but will be eliminated when vacated and replaced with a Fire Recruitment
Captain. Base pay for Fire Recruitment Captain at that point will be equivalent to Fire
Captain. The joint Labor/Management Committee will develop and recommend a job
description to the Department head including minimum and preferred qualifications for
the new civil service position. The Department head will determine whether to adopt the
recommendation and will determine minimum and preferred qualifications for this
position.
(B) Base Salary for Fire Recruitment Management Analyst. The base salary for Fire
Recruitment Management Analyst shall be calculated to be equivalent to the rank of Fire
Captain at the first step.
(C) Assignment Pay. The Fire Recruitment Management Analyst shall receive $500 per
month assignment pay.
6
Section 5. Fire Marshal and Emergency Management Program Manager.
(A) Fire Marshal and Emergency Management Program Manager By Appointment.
The positions of Fire Marshal and Emergency Management Program Manager shall
continue to be appointed by the Department head and shall not be filled by promotional
examination. A person appointed under this section serves at the pleasure of the
Department head.
(B) Fire Marshal Classification. The Fire Marshal shall continue to be classified in
place.
(C) Emergency Management Program Manager. The Emergency Management
Program Manager shall continue to be classified in place.
(D) Base Pay Prior to a Vacancy Occurring. The base pay for Fire Marshal and
Emergency Management Program Manager, prior to a vacancy occurring in each
respective position, will be determined by the Department head based on market
comparisons in accordance with City of Denton policy.
(E) Upon the Vacancy in the Current Positions of Fire Marshal and Emergency
Management Program Manager.
(1) Determination of Job Descriptions and Base Pay. When a vacancy occurs
in either of the current positions of Fire Marshal or Emergency Management Program
Manager, the base pay and minimum and preferred qualifications for that position from
the time of vacancy will be made by recommendation by the joint Labor/Management
Committee to the Department head. The Department head will determine whether to
adopt the recommendation and ultimately will determine minimum and preferred
qualifications and base pay for that position.
(2) Vacancy To Be Filled by Appointment by the Department Head.
Vacancies in the positions of Fire Marshal or Emergency Management Program Manager
shall be filled by appointment by the Department head. Appointments for Fire Marshal
or Emergency Management Program Manager will be made by the Department head
from within the Department, following the procedure outlined below. If no suitable
candidate from within the Department exists, the Department head may appoint a person
from outside the Department Procedure.
1. Job Announcement for potential candidate(s) within the Department
2. Candidate(s) submit a letter of interest and resume to the Department head
3. Application review for minimum and preferred qualifications by the Department
head
4. Department head's interview
7
Appointment from within the Department or proceed to external process if no
suitable internal applicant
6. External Job Announcement
7. Candidate(s) submit an application and resume to Human Resources
8. Application review for minimum and preferred qualifications by the Department
head
9. Department head's interview
10. Potential appointment from external candidates or repost externally
(3) Review of Non-Selection by Internal Candidate. In the event that an
internal candidate applies and proceeds through step 4, but is not selected and the
Department head proceeds to the external process, that candidate may seek review of the
non-selection. The internal candidate may seek review by providing a written statement
to the Department head within ten (10) calendar days from the date of the notification of
non-selection stating the basis for review. The review process shall be as follows:
(a) The joint Labor/Management Committee shall review the Department head's decision
and make a non-binding recommendation in writing to the Department head within five
(5) business days from the date that the candidate seeks review.
(b) The Department head shall review the recommendation by the joint
Labor/Management Committee and determine whether or not to reconsider the decision
within ten (10) calendar days from the date of the recommendation.
(c) The internal candidate may seek review of the non-selection to the commission by
submitting a request in writing to the director within five (5) business days from the date
of determination by the Department head of sustaining the non-selection. The
commission shall have ten (10) business days to conduct a hearing and render a decision
sustaining or overruling the Department head's decision to seek an external candidate.
The standard of review by the commission is whether the Department head's decision is
arbitrary and capricious. The commission's decision shall be final and binding with no
right of appeal to an arbitrator or district court.
(d) Deadlines in this article may be extended by mutual agreement by the internal
candidate seeking review and the Department head.
(F) Internal Appointment. In the event that an internal Firefighter or newly classified
employee under this article fills the vacancy, only subsections 143.014(g) and 143.014(h)
of 143.014 of the Texas Local Government Code shall apply.
8
(G) External Appointment. In the event that an external candidate fills the vacancy,
only subsection 143.014(h) of 143.014 of the Texas Local Government Code shall apply
after a twelve (12) month probationary period applicable to an external appointment,
except that the provision relating to being restored to the same classification or its
equivalent shall not apply.
Section 6. Transfer.
(A) Restrictions. The reclassified employees under former article 2 in the 2006-2009
Agreement 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.
Reclassified Prevention Division employees under former article 2 in the 2006-2009
Agreement and under this article are eligible to promote 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 the Operations
Division's 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, when transfer processes between Divisions are outlined by
recommendation by the joint Labor/Management Committee and determined by the
Department head, a Firefighter does not gain rank or lose rank by transferring between
Divisions.
Section 7. Commission's Role.
The commission may adopt rules under this article providing for the efficient
administration of this article.
Section 8. Statutory Override.
To the extent this article continues to reclassify former civilian positions of Public
Education Officer, Fire Inspector, and Senior Fire Inspector; and current positions of Fire
Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer Associate,
Assistant Fire Marshal, 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, and
Senior Fire Inspector; and current positions of Fire Inspector Specialist I, Fire Inspector
Specialist II, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal,
Fire Recruitment Management Analyst 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 of this article,
143.026, 143.028, 143.029, 143.030, 143.032, 143.033, 143.034, 143.036 (except the
definition of vacancy) and 143.085 of the Texas Local Government Code. The overrides
9
to Chapter 143 of the Texas Local Government Code also apply to this article and to the
reclassified positions of Public Education Officer, Fire Inspector, Senior Fire Inspector,
Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer
Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst
and Emergency Management Program.
10
ARTICLE 3
LABOR/MANAGEMENT RELATIONS
Each Party shall designate three (3) representatives to serve on a joint Labor/Management
Committee ("Committee"). This Committee shall meet quarterly at agreeable times and
places to discuss matters of mutual concern. Such discussion shall not be tantamount to,
or an extension of, the bargaining process, but shall be for the purpose of encouraging
productive relations between the parties and the improvement of the fire services to the
community. A minimum of two (2) members from each party must be present for a
meeting to be held. The Department head will make reasonable efforts to accommodate
requests by Association members to attend if they are on duty. Both parties understand
and agree that Committee meetings are not required on any issue, except where provided
for in Articles 2, 4, 5 and 7 of this Agreement, and are not a condition nor limitation on
the management rights to make and enforce policies, rules, regulation, or operational
decisions.
The work of the Committee shall be conducted on City time without loss of pay by
Committee members; except that meetings which are scheduled at times when
Association members who are not on duty, such members shall attend on their own time
without compensation.
11
ARTICLE 4
HIRING PROCESS
Section 1. Intent
In adopting this article, the Parties agreed to implement a hiring system for beginning
positions in the Department that provided for selection based upon the determination by
an Oral Interview Board and the Chief s Interview. The parties believe a determination
by the Oral Interview Board and Chief s Interview for beginning positions improved the
selection process and provided applicants a fair opportunity to demonstrate skills and
abilities that serve as additional good indicators that they would perform well in the
Department.
Section 2. Adoption and Publication of Rules
Any Local Rules that may be adopted by the commission shall be in conformity with the
provisions of this article.
Section 3. Written Examination and Commission List
(a) Establishment of Date of Written Examination in 2011
Until 2011, the commission shall give new examinations at the times the commission
considers necessary to provide required staffing. Entrance examinations will be held on
the second Saturday in January beginning in January 2011. The actual date of the
examination may be rescheduled in the event of circumstances beyond the City's control
including but not limited to extraordinary weather events or other emergencies.
(b) Written Examination and Military Points
The written examination under Chapter 143 of the Texas Local Government Code shall
be administered and the minimum passing grade on the written examination is 70 percent.
An additional five (5) points shall be added to the examination grade of an applicant who
served a minimum of 180 active days in the United States armed forces, received an
honorable discharge, and made a passing grade on the examination. In the event a tie
should occur, the process to break a tie will follow the Department Hiring Guideline. A
passing grade on the written examination may permit the applicant to proceed to the next
step(s) in the hiring process. The grade on the written examination will not serve as the
grade for ranking on the eligibility list; however, the written examination grade, plus any
applicable military points, will determine the ranking for a Commission List from which
applicants proceed through the remainder of the hiring process.
(c) Commission List
In this article "Commission List" shall mean the list of applicants who made a passing
grade on the written examination ranked from highest to lowest including any applicable
12
military points and shall not mean the eligibility list from which an applicant may be
appointed.
When a vacancy occurs in a beginning position in the Fire Department, the Department
head shall request in writing from the director the names of suitable persons from the
Commission List outlined in subsection (a) above. The director shall certify and provide
to the Department head all of the names of such applicants on the Commission List.
From the Commission List of names, the Department head shall identify a number of
applicants, based on the determination of the Department head related to the number of
vacancies, with the highest ranking to proceed through the process.
Section 4. Background Check and Physical Ability Test
(a) Background Check
After the Department head determines an applicant to be eligible to proceed through the
process by the Department head, the applicant will proceed through the Background
Check in accordance with the Department's Hiring Guidelines. If an applicant passes the
Background Check, then the applicant shall proceed to the Physical Ability Test. If an
applicant does not pass the Background Check, the applicant will be disqualified from
any further consideration in the hiring process.
(b) Physical Ability Test
From the list of names of applicants who passed the background check, the Department
head shall identify the fifteen (15) applicants with the highest ranking on the Commission
List to proceed to the Physical Ability Test in accordance with the Department's Hiring
Guidelines. If an applicant passes the Physical Ability Test, then the applicant will be
considered to proceed to the Oral Interview Board. If an applicant does not pass the
Physical Ability Test, the applicant will be disqualified from any further consideration in
the hiring process. All applicants who have passed the Background Check and Physical
Ability Test shall proceed to the next step in the process. If less than three (3) applicants
pass the Background Check and Physical Ability Test, the Department head shall identify
the next fifteen (15) applicants with the highest ranking on the Commission List (or those
remaining on the Commission List if less than fifteen (15)) to proceed to the Physical
Ability Test in accordance with the Department's Hiring Guidelines.
(c) Selection of Candidates To Proceed to Oral Interview Board
From the list of names of applicants who passed the Physical Ability Test, those
applicants shall proceed to the next step in the process. In the event those applicant
names are exhausted after the completion of the Oral Interview Board and Chief's
Interview, then the Department head shall proceed under section 4(b) of this article to
identify the next fifteen (15) applicants with the highest ranking on the Commission List
to proceed to the Physical Ability Test in accordance with the Department's Hiring
Guidelines.
13
Section 5. Oral Interview Board
(a) Oral Interview Board
The joint Labor/Management Committee shall establish an Oral Interview Board made
up of four (4) members with four (4) alternate members. Three (3) of those members and
three (3) of the alternate members shall come from the Department. One (1) of those
members and one (1) of the alternate members shall be a citizen member from the City of
Denton chosen by the Department head. It is understood that all members and alternate
members of the Oral Interview Board will receive appropriate training to conduct
interviews.
(b) Interview
The Oral Interview Board will interview eligible applicants determined by the preceding
steps in this article. Each member of the Oral Interview Board will assign an applicant a
score from zero (0) to one hundred (100) points. The average of those four (4) scores
will be calculated and will be the final Oral Interview Board score for each eligible
applicant. If an applicant obtains a final Oral Interview Board score of seventy (70)
points or more, an applicant will proceed to the Chief's Interview. If an applicant does
not pass with a score of seventy (70) points or more, the applicant will be disqualified
from any further consideration in the hiring process.
Section 6. Chiefs Interview
The Fire Chief will interview eligible applicants determined by the preceding steps in this
article. The Fire Chief shall invite the Deputy Fire Chief and/or one or more Battalion
Chief(s) to attend the Fire Chief's Interview for all eligible applicants. The Chief will
assign an applicant a score from zero (0) to one hundred (100) points. Any input from
the Deputy Fire Chief or Battalion Chief will be included in the Chief s score. This score
will be the final Chief s Interview score for each eligible applicant. If an applicant does
not pass with a score of seventy (70) points or more, the applicant will be disqualified
from any further consideration in this hiring process.
Section 7. Eligibility List
The overall score to be placed on the eligibility list for each eligible applicant shall be
computed by taking the applicant's final Oral Interview Board score and multiply the
score by .70 to the account for seventy percent (70%) of the applicant's final overall
score; and adding the applicant's final Chief s Interview score and multiply that score by
14
.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 Chief's Interview score) x 30%
applicant's final overall score
When a vacancy occurs, the Department head shall appoint the eligible suitable applicant
having the highest final overall score on the eligibility list unless the Department head
has a valid reason for not appointing the person. Each hiring eligibility list remains in
existence for one (1) year after the written examination unless exhausted. All applicants
may be subject to a polygraph examination at the Department head's discretion.
Section 8. Effect of an Eligibility List Currently In Existence and Eligibility List
Created Under this Agreement
A hiring eligibility list in existence at the time of the adoption of this Agreement shall
continue in effect until January 11, 2011, unless exhausted. Any hiring eligibility list
created under this article will take effect upon the expiration of any applicable pre-
existing list.
Section 9. Probationary period
Unless already certified as both a firefighter by the Texas Commission on Fire Protection
and a paramedic by the Texas Department of State Health Services, a person appointed to
a beginning position in the Department must serve a probationary period of up to
eighteen (18) months beginning on that person's date of employment as a Fire Fighter, or
trainee. A person appointed to a beginning position in the Department who is certified as
both a fire fighter and a paramedic shall serve a probationary period of twelve (12)
months.
Section 10. Disqualification
In the event an applicant is disqualified at any point in the hiring process, the Department
head shall clearly set forth in writing the good and sufficient reason why a person was
disqualified.
Section 11. Statutory Override
This article supercedes the following sections of the Texas Local Government Code to
the extent the article may be in conflict with any of these sections: section 143.025(a) to
account for an Oral Interview Board and Chief's Interview only to be administered to
certain applicants that meet the hiring process criteria under the rules implemented in
accordance with this article and to establish the eligibility list based on the Oral Interview
Board and Chief s Interview as outlined in this article; section 143.025(b) to base the
15
eligibility list on the Oral Interview Board and Chief s Interview final overall score as
outlined in this article; sections 143.025(c), 143.025(d) and 143.025(e) to provide for the
Oral Interview Board and Chief s Interview to interview applicants outside the presence
of other applicants and at different times; section 143.025(h) to extend the effective date
of the eligibility list from examination date to examination date; section 143.025(1) to
provide for an Oral Interview Board and 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 Chief s 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.
16
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 excludes the positions addressed in article 2.
Section 2. Definitions
(a) In this article "written examination" means the written examination provided for
promotions under Chapter 143 of the Texas Local Government Code.
(b) In this article, "pre-requisites" means the minimum qualifications and conditions
required of candidates for eligibility to take a Chapter 143 written examination for
promotion within the Department.
Section 3. Role of Commission
Any Local Rules that may be adopted by the commission shall be in conformity with the
provisions of this article.
Section 4. Minimum Qualifications
(a) The Driver pre-requisites determined under the parties' prior agreement attached
as Exhibit B will continue to apply.
(b) For promotion to the ranks of Captain and Battalion Chief, within ninety (90)
days of the execution of this Agreement, the joint Labor/ Management Committee
appointed as provided in article 3 will recommend pre-requisites for taking
promotional written examinations prior to the posting of the Position Opportunity
Announcement publication each year. The Department head will determine
whether to adopt the recommended pre-requisites. In the event the pre-requisites
are adopted by the Department head, the pre-requisites will be effective twelve
(12) months after their posting in the Position Opportunity Announcement
publication.
(c) In the event pre-requisites are not recommended by the expiration of the ninety
(90) day time period, the Department head may extend the time period at his/her
discretion or may proceed with the then existing qualifications. In this
circumstance, the Department head may request a report from the joint
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Labor/Management Committee outlining the pre-requisites developed at that
point.
Section 5. Evaluation
The joint Labor/Management Committee will establish a system within the joint Labor/
Management Committee to evaluate the promotional process and the pre-requisites
established. The joint Labor/Management Committee shall prepare a written evaluation
for the Department head within sixty (60) days after the administration of each written
examination.
Section 6. Date of Written Examinations and Rescheduling
(a) Battalion Chief
Written examinations for the rank of Battalion Chief will be held on the second Tuesday
of January after the effective date of the Agreement.
(b) Captain
Written examinations for the rank of Captain will be held on the second Tuesday of
February after the effective date of the Agreement.
(c) Driver
Written examinations for the rank of Driver will be held on the first Tuesday of March
after the effective date of the Agreement.
(d) Rescheduling of Written Examinations
The actual date of the examinations may be rescheduled after the examination dates in
this section in the event of circumstances beyond the City's control including but not
limited to extraordinary weather events or other emergencies. In the event of a
rescheduling, no further notice of the examination is required other than the new time,
place and date of the rescheduled examinations, notwithstanding section 143.029 of the
Texas Local Government Code. Meeting the scheduled examination dates outlined or
provided for in this section, or rescheduling those dates pursuant to this subsection,
precludes any liability for back pay or retroactive seniority for that position or any lower
position.
Section 7. Exceptions to Minimum Promotion and Rank Differential Pay
Should the difference between the maximum step for a rank and minimum step of the
next higher rank fall below 3.0%, then a Firefighter who is promoted or receives rank
differential pay to that next higher rank shall be compensated at the second step pay. For
a Firefighter being promoted in this manner, then that Firefighter shall continue to receive
18
the second step pay for four years from the promotion date before receiving another step
pay in that rank.
Section 8. Eligibility List
When a vacancy occurs in a nonentry position that is not appointed by the Department
head, the director, on request by the Department head, shall certify to the Department
head the names of the eligibility list. This section of the article shall supercede Section
143.036(b) of the Local Government Code to the extent that Section requires the
certification of persons on the eligibility list to be certified three (3) persons at a time.
This section of the article is intended to omit the administrative process of providing
three (3) names at a time and instead provide a process where all names of the persons on
the eligibility list are certified and provided at once when filling a vacancy for a nonentry
position in the Fire Department.
Section 9. Statutory Override
This article supercedes the following sections of the Texas Local Government Code:
section 143.029 to override posting rules in the event an examination is rescheduled;
sections 143.030(b) and (c) to alter 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 as determined by the Department head to the extent any of
those pre-requisites may be deemed to conflict with these sections; 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 section; and 143.036(h) for
the promotional eligibility list to remain in existence until the date of the next
promotional examination for that rank.
This article further preempts, to the extent of any conflict, all contrary state statutes, local
ordinances, executive orders, civil service provisions, or rules adopted by the Department
head or head of the City or by a division or agent of the City, such as the commission.
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ARTICLE 6
NEPOTISM
Section 1. Purpose
The Denton Fire Department through employment, promotion, or transfer of relatives,
will not contribute to the creation of any inequity or impropriety among its members. The
purpose of this procedure is to communicate a Department policy regarding employment
and supervisory relationships among family members.
Section 2. Definition and Scope of Application
During the term of this Agreement, the parties agree that the definition of "relative" shall
meet the same definition of "familial relationship" provided by current City Policy
Reference Number 102.08 dated September 3, 2002, and agree this article applies to a
Firefighter as defined in this Agreement or a position reclassified in Article 2.
Section 3. Appointment of Relatives to City Employment
Members of the Department assigned to positions that make appointments, conduct
interviews, promote, etc. cannot participate and must disqualify themselves if a relative is
a candidate. In addition, members shall notify the Fire Chief in writing to disclose the
relationship or interest involved.
Section 4. Immediate Supervisory Relationships
Members shall not directly supervise a relative. Direct or immediate supervision includes
participation in a hiring decision, promotional decision, disciplinary decision, or
preparing or influencing a performance evaluation of a relative. In a Battalion, relatives
shall not be assigned to the same shift. Temporary shift swaps or overtime assignments
are permitted, provided there is no immediate supervisory relationship. At the discretion
of the Incident Commander, the prohibition on the immediate supervisory relationship of
relatives during emergency operations is put aside.
Irrespective of the immediate supervisory relationship, members shall not participate in a
decision involving the financial interest of a relative, including hiring, promotion,
discipline and pay increases. In addition, members shall not attempt to influence others
in a financial interest of a relative.
Section 5. Changes or Amendments During Term of Agreement
It is understood that during the term of this agreement, if either party requests in writing a
meeting concerning changes or amendments to the definition of the term "relative," the
parties shall meet within ten calendar days to discuss such changes or amendments.
Changes made to section 2 are not subject to ratification by the Association or the City
Council.
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ARTICLE 7
SAFETY AND HEALTH
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 will undergo a physical during the term of this Agreement. Those
Firefighters designated as priority according to NFPA guidelines shall undergo at least
two physicals during the term of this Agreement. Physicals shall be conducted by an
entity recommended by the Wellness Committee, approved by the joint Labor
Management Committee, and approved by the Department head.
In furtherance of the parties' desired goals, the parties will explore the feasibility of a
position in the Department that would serve as a safety and wellness officer prior to the
expiration of the Agreement.
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ARTICLE 8
DISCIPLINE
Section 1. Written Statement
If the Department head suspends a Firefighter, a copy of the statement giving the reasons
for the suspension shall immediately be delivered in person to the suspended Firefighter
and filed with the director within 120 hours. This statement shall only be delivered to the
commission if the Firefighter chooses to appeal to the commission under section
143.052(d). In instances where the Firefighter chooses to appeal to the commission, the
written statement will be forwarded to the commission within 120 hours from the time
the Firefighter 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 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
year before the date of disciplinary action.
Section 3. Statutory Override
Section 1 of the article supercedes section 143.052(c) of the Texas Local Government
Code requiring a statement to be forwarded to the commission within 120 hours of the
suspension. Section 1 also supercedes section 143.052(e) of the Texas Local
Government Code only in that, in instances where the Firefighter does not choose to
appeal to the commission, the written statement will not be forwarded to the commission.
Section 2 of the article shall supercede the first sentence of section 143.052(h) of the
Texas Local Government Code. Nothing in this article affects the remainder of section
143.052(h) or affects section 143.056 of the Texas Local Government Code.
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ARTICLE 9
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
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 2010 and
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) 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 May 2010 and 2011, utilizing the average minimum and maximum base salary
for each rank of the 12 comparator cities as specified in this contract, plus five percent
(5%). The recommendation will propose that the minimum and maximum base pay for
each rank, will receive an increase (should an increase be required) to match the survey
average plus five percent (5%). The steps between the minimum and maximum steps
will be recalculated to maintain equal separation between any new minimum and
maximum steps.
(b) The salary subcommittee shall prepare a report to the City Manager to be
forwarded to the City Council at the time the proposed budget is submitted to the City
Council that will show the cost of implementing the pay increase as calculated above
compared to the cost to pay Firefighters the same percentage increase as non-civil service
employees.
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(c) Increases recommended in subsection 3(a) may be limited to the average base pay
increase budgeted for non-civil service City employees. Should the City Council approve
a budget that does not include base pay increases for non-civil service employees, the
ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall not receive
any base pay increase regardless of the calculated amount necessary to reach minimum
and maximum rates plus 5%.
(d) Should the City Council approve a budget that includes lump sum pay increases
instead of an increase to base pay to non-civil service City employees, the ranks of Fire
Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief will receive a lump sum
payment instead of an increase for non-civil service employees.
Section 4. Funding Obligations
Depending upon the financial forecasts, the City may implement the compensation
recommendations in section 3 between the first pay period of the fiscal year and the first
pay period of April of each fiscal year. The City presently intends to continue this
Agreement each fiscal year through its term, to pay all payments due, and to fully and
promptly perform the obligations of the City under this Agreement.
All obligations of the City shall be paid only out of current revenues or any other funds
lawfully available for those obligations, including tax revenues reasonably anticipated at
equal or higher total gross amounts as were collected in 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 increases recommended under this Article may be reduced
accordingly.
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ARTICLE 10
PENSION
As of January 1, 2010 and each successive year of the Agreement, the City shall apply
the same contribution level, including any increase or decrease, toward the Firemen's
Retirement and Relief Fund to match the City's actual contribution rate to the Texas
Municipal Retirement System for that calendar year.
During the term of this Agreement, the City may commission a study by an actuarial firm
to evaluate the Firemen's Retirement and Relief Fund and the Texas Municipal
Retirement System when compared to each other. The City may proceed with the study
once the Firemen's Retirement and Relief Fund completes its next actuarial study.
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ARTICLE 11
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.
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ARTICLE 12
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 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 Representative to participate
on behalf of the Association to attend scheduled Meet and Confer negotiating sessions,
sub-committee meetings, and joint Labor/Management Committee sessions between the
Association and the City.
The Association President or his/her designee may be granted reasonable time off
pursuant to an ABL request during working hours to investigate and process grievances,
to attend Civil Service, Arbitration, or Court Hearings and to represent Association
employees in disciplinary action provided that the President or his/her designee shall
request permission from his Battalion Chief. Whenever possible, notification is to be
made prior to or at the beginning of a shift.
The officers of the Association may be granted ABL for membership meetings of the
Association that take place when such officers are scheduled to be on duty. This leave
with pay shall be limited to one (1) meeting per month not to exceed two (2) hours per
meeting.
ABL may be granted up to two (2) Association representatives to attend the TSAFF or
IAFF convention, TSAFF Leadership Conference. TSAFF Service Training Class, IAFF
Affiliate Leadership Training Seminar, or the IAFF Human Relations Conference.
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.
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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.
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ARTICLE 13
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 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 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 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, the
signature of the Association Grievance Committee chairman or Association
President.
Any claim 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.
29
Disputes by the Association, 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 Grievance Committee within thirty (30) calendar
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 Grievance
Committee within (3) business 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 resolved 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.
30
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 except 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 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 from a mutually accepted list of three 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
31
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 parse 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 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.
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 grievances shall follow procedure as outlined in chapter 143
of Local government Code. Notwithstanding the above any non-Association member
may unilaterally utilize the appeal procedures for disciplinary actions as provided under
such Chapter 143.
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ARTICLE 14
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, and may be mutually extended by both
Parties.
33
ARTICLE 15
SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE
AGREEMENT CLAUSE
Section 1. Savings Clause
If any provision of this Agreement is rendered invalid by a court of competent
jurisdiction, such invalidity shall not affect any other provision of this Agreement, which
shall continue to be in full force and effect for the duration of the Agreement, and the
Parties shall meet as soon as possible to agree on a substitute provision. However, if the
Parties are unable to agree within thirty (30) days following commencement of the initial
meeting, then the matter shall be postponed until Meet and Confer negotiations are
resumed. This deadline may be extended by mutual agreement by the Parties. To this
end, the provisions of this Agreement are severable. This Agreement may be amended
by written mutual agreement.
Section 2. Preemption Provision
The provisions of this Agreement shall supercede the provisions of any statute, Executive
Order, local ordinance, or rule, which are in conflict herewith, including for example and
not by way of limitation, the contrary provisions of Chapter 143; Ordinances of the City
of Denton, Texas; and Local Rules and Regulations of the Firefighter's Civil Service
Commission for the City of Denton, Texas. This preemption provision is authorized by
section 142.117 of the Texas Local Government Code, and the Parties have expressly
agreed that each and every provision involving or creating such a conflict shall have the
effect of superceding the statutory standard or result which would otherwise obtain, in the
absence of this Agreement. This provision is of the essence to the bargain and
Agreement, which has been reached.
Section 3. Complete Agreement Clause
The Parties agree that each has had full and unrestricted right and opportunity to make,
advance and discuss all matters properly within the meet and confer process. This
Agreement constitutes the full and complete Agreement of the Parties and there are no
others, oral or written, except as specified in this Agreement. However, to the extent it
may be shown to be necessary to go outside the four corners of the Agreement, the
Negotiation History Document drafted by the Pay Subcommittee may be utilized to show
the intent of the Parties.
34
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 ~Ad
(Approved by Denton City Council on 'Z&= of 2009)
By: - Dated: d
GEORGE C. CAMPBELL
CITY MANAGER
By: Dated: M190
--4-) - rSIF AL
TERS
ITTARY
APPROVED:
ROSS CHADWICK
FIRE CHIEF
APPROVED AS TO FORM:
HN KNIG
/it6 DEPUTY CITY ATTORNEY
THE DENTON FIRE FIGHTERS ASSOCIATION, LOCAL 1291
(Ratified by DFFA Membership on JtNf k,. law 2009).
By: - J--"~
MIKE TUCKE
PRESIDENT
By: Q&4 0 Dated: &7" b-41
JAS S. BALLARD
SECRETARY
35
EXHIBIT A
PANEL OF ARBITRATORS
Norman Bennett
Otis King
Francis Quinn
Bill Detwiler
Donald Goodman
John Barnard
36
EXHIBIT B
Eligibility to take the Denton Fire Department Promotional Examination
for Fire Driver Classification
1. In order to be eligible to take the promotional examination for the Denton Fire
Department Driver classification, a candidate must have accomplished the
following:
a) Serve three years in the Denton Fire Department classification of Fire
Fighter.
b) Successfully complete the Denton Fire Department Driver School at
least once. The Driver School shall be conducted at least every two
years.
c) Hold current certification by the Texas Commission on Fire Protection
as a Driver/Operator.
d) Hold current certification by the Texas Department of State Health
Services as a Paramedic.
e) Successful completion of an annual Driver Skills Test.
2. The Denton Fire Department Driver Skills Test is a Pass/Fail check off sheet to
help determine the operational competence of a promotional candidate.
a) The Driver Skills Test remains in effect for twelve months from
successful completion.
b) Successful completion of the Denton Fire Department Driver School
includes a Driver Skills Test.
c) The Driver Skills Test may be administered by Station Captains or
officers in the Training division.
37