2006-288
. S:\Our Pocuments\Ordinancesl06lpolice meet & confer agreememdoc
ORDINANCE NO. 200{;-2f38
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 Interim 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 2 (; -t./t.- day of 0€ /J fe>m he: r, 2006.
I
~02 Vlt ~ YlJI
PERR R. MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
o LEGAL
, ITY ATTORNE
Meet and Confer Agreement Between
The City of Denton
and
Denton Police Officers Association
Fiscal Years 2006-2007; 2007-2008 and 2008-2009
TABLE OF CONTENTS
Definitions................................................................................................................... .....................1
Article 1 - Authority and Recognition...... ............. .............. ..... ....... .... .................... ....... .... ...... .......2
Article 2 - Hiring....... ............. ........ ... ...... ........... ........ ..... ... ..... .... ................. ........... ... .... ... ..............3
Article 3 - Promotion. .......... ... ........ ......... ...... .................. ........ ................................ .......... ..............6
Article 4 - Appointment of Personnel................................................. ............................................9
Article 5 _ Discipline............ ..... ... ... ... .... ..... ... ................ ... .... .... .... .... ... ..... .................... ........... .....10
Article 6 - Change in Shift Assignment ........................................................................................11
Article 7 - Base Salary .. ........ ........ .... ... ... ..... ................. ...... ..... ... ..... ...... .............. ........ .... ....... ..... .12
Article 8 - Court Time and Call Back ..........................................................................................14
Article 9 - Field Training Officer and Tactical Pay ......................................................................15
Article 10 - Contract Interpretation Dispute Resolution Procedure..............................................16
Article II -Term of Agreement.....................................................................................................18
Article 12 - Savings Clause and Preemption Provision ................................................................19
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DEFINITIONS
I. "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.
II. "Parties" means the City of Denton and the Denton Police Officers Association.
I
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
Government 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
HIRlNG
Section 1. Beginning positions
When a vacancy occurs in a beginning position in the Police Department, the Department head
shall request in writing from the commission the names of suitable persons from the eligibility
list. The director shall certify and provide to the municipality's Department head the names of
the persons on the eligibility list. This section of the article shall supercede sections 143.026(a)
and 143.026(b) of the Local Government Code to the extent those sections require the
certifications of persons on the eligibility list to be certified and to be provided three persons at a
time. This section of the article is intended to omit the administrative process of providing 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 beginning position in the
Police Department.
Section 2. Selection for Beginning Positions
a. From the list of names certified, 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 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. From those persons holding a Texas Peace Officer Certification ranked
within Group A, 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 bypassed 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
score on the eligibility list.
c. If there are additional beginning positions to be filled after steps a and b are completed
above, the Department head or designee shall identify the persons with a score of 80-89 and
identify those persons as Group B from the list certified. 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
3
Certificate. From those persons holding a Texas Peace Officer Certification ranked within
Group B, 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 bypassed 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
score on the eligibility list.
e. If there are additional beginning positions to be filled after steps c and d are completed
above, the Department head or designee shall identify the persons with a score of 70- 79 and
identify those persons as Group C from the list certified. 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. 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 bypassed 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
score on the eligibility list.
g. The commission shall adopt Local Rules in accordance with this article.
h. Subsections a-g of this article shall supercede section 145.025 of the Texas Local
Government Code to allow for the creation of the eligibility list to be based upon Texas
Peace Officer Certifications and based upon written examination grades in accordance with
this article, and section 143.026 to the extent a person is appointed by the Department head
using the process outlined in subsections a-g of this article.
4
Section 4.
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 an essay component in the written examination. The Parties
believe an essay component to the selection process for the Lieutenant rank ,,~Il 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. Letter of Intent and Resume. Eligible personnel mil indicate his or her intent to take
the Lieutenant examination by submitting a letter of intent and resume to the director in
the manner prescribed by the position opportunity announcement in accordance with
Local Rule 032.
d. Written Examination.
1. Scoring and content. A maximum of eighty points of a promotional candidate's
score will be based on the multiple choice score of the written examination, and a
maximum of twenty points will be based on the overall essay score of the written
examination. The essay component shall be limited to two essay questions and the
source materials upon which the questions are based shall be posted in the position
opportunity announcement.
2. Criteria determined prior to examination date. The graders mil use grading
criteria created by the Department head prior to the examination date to grade the
essay component. The Department head shall determine whether an internal grading
process or external grading process is used to grade the essay component.
3. Internal grading alternative. Each promotional candidate's essay component of the
written examination mil be submitted anonymously and may be graded by three
individuals at the rank of Lieutenant or above, excluding the Department head, within
five business days of the written examination administration date. If graded within
6
the Department, the candidate's overall essay score will equal the average grade of
the candidate's three graded essay scores.
4. External grading alternative. Alternatively, each promotional candidate's essay
component of the written examination may be graded by an external consultant within
ten business days of the written examination. The candidate's overall essay score will
equal the grade given by the external consultant.
e. Selection for the Lieutenant Rank. The promotional candidate's multiple choice score
and overall essay score will be added together to produce the candidate's raw score on
the written examination. All candidates who receive a raw score of at least 70 points will
be considered to have passed the written examination. Upon passing the written
examination, the candidate's raw 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.
f. Military Dutv. 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)(l)(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 essay component of the written examination before an
administrative or judicial body. Likewise no grievance under this Agreement may be
filed concerning the essay except posting of sources and completion of the grading key
prior to the written examination. The invalidation of any question or component of the
written examination shall not invalidate the remainder of the written examination.
h. Statutory Override. Sections 1(a)-(f) of the article supercede the following sections of
the Texas Local Government Code: section 143.032(a) to provide for the grading of the
essay questions created under this article, section 143.032(f) to expand the preparation
and composition allowances to include essay questions and to provide for more time for
grading, section 143.032(g) to allow the Department head's participation in preparing the
essay portion of the written examination, section 143.033(a) to provide for grading of the
essay component 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 essay
scores 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 essay component of the
written examination.
7
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
providing 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 2(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.
8
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.
9
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 or compensatory 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 Cornmission or to arbitration may be instituted on
suspensions where the officer has forfeited accumulated vacation or compensatory time pursuant
to the terms of this section. 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.
10
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 scheduled shift assignment.
II
ARTICLE 7
BASE SALARY
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.
Section 2. Comparator Cities
Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Irving, Lewisville, McKinney,
Mesquite, PIano and Richardson shall 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 2007 and May 2008 upon
which 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.
Section 3. Annual Base Salary Proposal Calculation
The annual base salary adjustments for Police Officer/Recruit, Sergeant, Lieutenant and Captain
shall be proposed on the basis of the following calculations:
(a) First Contract Year. The recommended base salary increase shall include an increase
of two and a half percent (2.5%) per rank on October 7, 2006, and a second increase oftwo and a
half percent (2.5%) per rank on April 7, 2007.
(b) Second Contract Year-Base Pay Determination. The recommended monthly base
pay scale shall be calculated by the salary survey conducted in May 2007, utilizing the average
minimum base salary for each rank of the 12 comparator cities as specified in this contract, plus
five percent (5%). The recommendation will propose that each rank, including each step within
that rank, will receive an increase (should an increase be required) to match the survey average
minimum base salary for each respective rank plus five percent (5%).
(c) Second Contract Year-Additional Step. An additional step position will be proposed
for each rank in year 2 of the contract. The step proposed for Police officer will be at year 12,
the step proposed for Sergeant will be at the beginning of year 3, the step proposed for
Lieutenant will be at the beginning of year 3, and the step proposed for Captain will be at the
beginning of year 3. The base salary for these additional steps will be proposed at 5% above the
step immediately below.
12
(d) Third Contract Year-Base Pay Determination. The recommended monthly base pay
scale shall be calculated by the salary survey conducted in May 2008, utilizing the average
minimum base salary and the average 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
each rank, including each step within that rank, will receive an increase (should an increase be
required) to match the survey average minimum base salary for each rank plus five percent
(5%).
(e) Third Contract Year-Additional Step. An additional step position will be proposed
for the ranks of Police Officer, Sergeant, Lieutenant and Captain in year 3 of the contract. The
step proposed for Police Officer will be at year 15, the step proposed for Sergeant will be at the
beginning of year 5, the step proposed for Lieutenant will be at the beginning of year 5, and the
step proposed for Captain will be at the beginning of year 5. These proposed steps will reflect an
increase (should an increase be required) to match the survey average maximum base salary for
each rank plus five percent (5%).
Section 4. Funding Obligations
Depending upon the financial forecasts, the City maintains the right to implement the base wage
increases 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 2005-2006, and appropriated for such
purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5
and 7. In the event that City Council adopts a resolution declaring that the City cannot meet its
funding obligations after exhausting all reasonably available recurring revenue, as provided in
the State Constitution, this Agreement shall be reopened for negotiation with the Association. In
such an event, the provisions of this Agreement remain in full force and effect except as
amended by agreement of both Parties.
If at any time during the term of this Agreement, or any extension thereof, the electorate of the
City subjects the government of the City to a rollback election; and as a result of such rollback
election, the City suffers a reduction in revenues due to a reduction in the tax rate, the Agreement
shall be reopened for negotiation with the Association. In such an event the provisions of this
Agreement remain in full force and effect except as amended by agreement of both Parties.
13
ARTICLE 8
COURT TIME AND CALL BACK
Officers while off duty who are called back to duty or subpoenaed to give testimony in court
about events arising out of their employment shall be paid a minimum of two (2) 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.
14
ARTICLE 9
FIELD TRAINING OFFICER AND TACTICAL PAY
Section 1. Purpose
The purpose of section I and section 2 is to replace any and all preceding compensation on the
basis of assignment to Field Training Officer or Tactical Team Officer.
Section 2. Field Training Officer Pay
Each Officer assigned as a Field Training Officer shall be granted pay of $1 00.00 per month.
Section 3. Tactical Team Pay
Each Officer assigned to the Tactical Team shall be granted pay of$IOO.OO per month.
15
ARTICLE 10
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 either the City or the Association has a dispute with the other Party regarding this Agreement,
that Party should reduce the dispute to writing and deliver it to the other's designated
representative, who for the Association shall be its President and for the City shall be its
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
and must be signed by the Association President.
Each grievance shall state the factual basis for the dispute, identify the applicable sections of this
Agreement and identify the specific remedy sought. Any claim or dispute by an employee or
group of employees under this Agreement which includes a claim for payor 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.
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. The Department head shall make his or her determination in writing
If the Association does not accept the decision by the Department Head, it shall have five (5)
business days to notify the Department Head and either Party shall have the right to seek
mediation of the dispute by requesting same within ten (10) business days from the date of the
Association's response to the Department Head's decision. If the representatives have not been
successful in resolving the issue within sixty (60) days from the Association's decision, the
matter may proceed to arbitration if agreed to by both the City and the Association. If arbitration
is not mutually agreed to by both the City and the Association, the matter may proceed as
provided for under section 142.064(c) ofthe Texas Local Government Code by filing suit.
16
Section 3. Arbitration
If arbitration is mutually chosen by the City and the Association, the Parties agree that either or
both can request a list of seven (7) arbitrators from the American Arbitration Association, and
once received, the Party raising the dispute shall strike a name from the list, after which they
shall alternately strike names until a single name remains. That person shall be appointed
arbitrator for the dispute. 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 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 substantial 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 grievance
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.
17
ARTICLE 11
TERM OF AGREEMENT
This Agreement shall have an effective date of October 1, 2006, and shall remain in full force
and effect through September 30, 2009.
18
ARTICLE 12
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 Govemment
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.
19
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 fit
(Approved by Denton City Council on 20 -of&LJt. ,2006)
.
By:
Dated: {}q /20/00
f '
HOWARD MARTIN
INTERIM CITY MANA
BY~ ~ ~r. ~::h^A/
. IFiR W ALTERS
CITY SECRETARY
Dated:
09/20/00
I .
I
APPROVED: C!\EPROVED AS TO FORM:~
t!/1~~~~.... ~
CHARLES WILEY ~ JERRY DRAKE
POLICE CHIEF DEPUTY CI ATTORNEY
THE DENTON POLICE OFFICERS ASSOCIATI0N,
(Ratified by DPOA Membership on JL of Se~~~006).
By:
c!fi~n~ Dated: fIx Ida
TR VENS
PRESIDENT, DENTON POLICE OFFICERS ASSOCIATION
By:
SE:E1~
SECRETARY, DENTON POLICE OFFICERS ASSOCIATION
Dated: f P7/rJro
! .
20