2006-290
S;\Our Documems\OrdinancesI06\fire meet & confer agreement_doc
ORDINANCE NO. 200G - 2. q 0
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 Interim 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.
2 / -fit. . "_.L Id
PASSED AND APPROVED this the V' - day of I...)e Jj I ce m ~r ,2006.
,
(;itttJiI~ffkf
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
>.
Meet and Confer Agreement
Between
The City of Denton
and
Denton Fire Fighters Association,
IAFF Local 1291
Fiscal Years 2006-2007; 2007-2008 and 2008-2009
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TABLE OF CONTENTS
Definitions.................................................................................................................... .................... 1
Article 1 - Recognition................................................. ...................................................................2
Article 2 - Civil Service Transition for Certain Civilian Positions .................................................3
Article 3 - Labor/Management Relations ......................................................................................1 0
Article 4 - Hiring Process ..............................................................................................................11
Article 5 - Promotions ...................................................................................................................15
Article 6 - Nepotism ......................................................................................................................18
Article 7 - Safety and Health.........................................................................................................19
Article 8 - Discipline .....................................................................................................................20
Article 9 - Base Pay .......................................................................................................................21
Article 10 - Pension..................... .................................................... ................ ..............................24
Article 11 - Deferred Compensation Plan.....................................................................................25
Article 12 - Association Business Leave.......................................................................................26
Article 13 - Contract Interpretation Dispute Resolution Procedure..............................................28
Article 14 - Term of Agreement....................................................................................................32
Article 15 - Savings Clause Preemption Provision and Complete Agreement Clause .................33
Exhibit A - Panel of Arbitrators ....................................................................................................35
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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.
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1
ARTICLE 1
RECOGNITION
The CITY OF DENTON recognizes the DENTON FIRE FIGHTERS ASSOCIATION,
IAFF LOCAL N0.129l, 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.
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2
ARTICLE 2
CIVIL SERVICE TRANSITION
FOR CERTAIN CIVILIAN POSITIONS
Section 1. Intent
The Parties agree to reclassify certain non-civil service civilian positions in the Fire
Prevention Division and Administration Division to civil service for certain civil service
benefits and protocols under Chapter 143 of the Texas Local Government Code to create
a more unified Department incorporating Operations, Administration and Fire
Prevention. The Parties intend for any variation of civil service provisions by this
Agreement to also apply to the reclassified positions affected by this article unless
provided otherwise by the Agreement.
Section 2. Employees Affected and Civil Service Status
(A) The non-civil service positions affected by this article include the 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
serves in one of these positions is 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, the effective date of this Agreement, and the City's governing body by
ordinance amends the City's existing classification of Fire Department employees to
include the employee's position as provided by section 143.021 of the Texas Local
Government Code.
(B) At the time of the effective date of this Agreement, and the Ci!Yigoverning bod)'
by ordinance amends the City's existing classification of Fire Department employees to
include the employee's position, the non-civil service employees affected by this article
shall automatically waive into and qualify 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 this
Agreement.
Section 3. New Fire Prevention Division Titles and Ranks
(A) Public Education Officer, Fire Inspector and Senior Fire Inspector
(1) Classification and Assignment Pay
The Public Education Officer, Fire Inspector and Senior Fire Inspector shall be classified
in place at current base pay plus $300 per month assignment pay. Each of these
classifications will be eliminated when vacated and will be replaced with a Fire Inspector
Specialist classification.
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(2) Base Salary for Public Education Officer, Fire Inspector and Senior Fire
Inspector
(a) First Contract Year. The recommended base salary percentage increase for Public
Education Officer, Fire Inspector and Senior Fire Inspector for the first contract year shall
include an increase of four percent (4%) on October 7, 2006, and a second increase of
four percent (4%) on April 7, 2007.
(b) Second Contract Year-Base Pay Determination. The recommended base salary
percentage increase for the second contract year shall be calculated by taking the average
percentage increase, excluding step increases, for the second contract year for the ranks
of Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief.
(c) Third Contract Year-Base Pay Determination. The recommended base salary
percentage increase for the third contract year shall be calculated by taking the average
percentage increase, excluding step increases, for the third contract year for the ranks of
Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief.
(B) Fire Protection Engineer Associate
(1) Classification and Assignment Pay
The Fire Protection Engineer Associate shall be classified in place at current base pay
plus $400 per month assignment pay. This classification will be eliminated when vacated
and replaced with a Fire Protection Specialist.
(2) Base Salary for Fire Protection Engineer Associate
(a) First Contract Year. The recommended base salary percentage increase for the Fire
Protection Engineer Associate for the fust contract year shall include an increase of four
percent-(4%)-on-GGtober-7,2006,and-a-seGond-increase-of-four-perGent-(4%)-on-ApriI-7,
2007.
(b) Second Contract Year-Base Pay Determination. The recommended base salary
percentage increase for the second contract year shall be calculated by taking the average
percentage increase, excluding step increases, for the second contract year for the ranks
of Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief.
(c) Third Contract Year-Base Pay Determination. The recommended base salary
percentage increase for the third contract year shall be calculated by taking the average
percentage increase, excluding step increases, for the third contract year for the ranks of
Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief.
(C) Assistant Fire Marshal
(1) Classification and Assignment Pay
The Assistant Fire Marshal shall be classified in place at current base pay plus $500 per
month assignment pay. This classification will be eliminated when vacated and replaced
with a Deputy Fire Marshal.
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(2) Base Salary for Assistant Fire Marshal
(a) First Contract Year. The recommended base salary percentage increase for Assistant
Fire Marshal for the first contract year shall include an increase of four percent (4%) on
October 7, 2006, and a second increase of four percent (4%) on April 7, 2007.
(b) Second Contract Year-Base Pay Determination. The recommended base salary
percentage increase for the second contract year shall be calculated by taking the average
percentage increase, excluding step increases, for the second contract year for the ranks
of Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief.
(c) Third Contract Year-Base Pay Determination. The recommended base salary
percentage increase for the third contract year shall be calculated by taking the average
percentage increase, excluding step increases, for the third contract year for the ranks of
Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief.
(D) Future Base Pay for Fire Inspector Specialist, Fire Protection Specialist and
Deputy Fire Marshal
Once a newly classified position under Section 2 of this article is vacated, for
reclassification for that position, future base pay for Fire Inspector Specialist, Fire
Protection Specialist and Deputy Fire Marshal will be made by recommendation by the
joint LaborlManagement Committee to the Department head. The Department head will
determine whether to adopt the recommendation.
(E) Future Job Descriptions for Fire Inspector Specialist, Fire Protection Specialist
and Deputy Fire Marshal
1'he-joint-.\:;abor/Management-Gommittee-wi1l-develop-job-descriptions-including
minimum and preferred qualifications for these new civil service positions of Fire
Inspector Specialist, Fire Protection Specialist and Deputy Fire Marshal and make a
recommendation to the Department head. The Department head wi1l determine whether
to adopt the recommendation.
Section 4. Fire Recruitment Management Analyst
(A) Classification and Assignment Pay
The position of Fire Recruitment Management Analyst wi1l be classified in place at
current base pay plus $500 per month assignment pay. This classification 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 wi1l determine whether to adopt the
recommendation and will determine minimum and preferred qualifications for this
position.
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(B) Base Salary for Fire Recruitment Management Analyst
(1) First Contract Year. The recommended base salary increase for Fire
Recruitment Management Analyst for the first contract year shall include an increase of
four percent (4%) on October 7, 2006, and a second increase of four percent (4%) on
April 7, 2007.
(2) Second Contract Year-Base Pay Determination. The recommended base
salary increase for the second contract year shall be calculated by taking the percentage
increase, excluding step increases, for the second contract year for the rank of Fire
Captain.
(3) Third Contract Year-Base Pay Determination. The recommended base
salary increase for the third contract year shall be calculated by taking the percentage
increase, excluding step increases, for the third contract year for the rank of Fire Captain.
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 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 be classified in place at current base pay plus $600 per month
assignment pay.
(C) Emergency Management Program Manager
The Emergency Management Program Manager shall be classified in place at current
base pay plus $500 per month assignment pay.
(D) Future Base Pay Prior to a Vacancy Occurring
The future 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
(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
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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:
I. Job Announcement for potential candidate(s) within the Department
2. Candidate(s) submit a letter of interest and resume
3. Application review for minimum and preferred qualifications
4. Department head's interview
5. Appointment from within the Department or proceed to external process if no
suitable internal applicant
6. External Job Announcement
7. Candidate( s) submit a letter of interest and resume
8. Application review for minimum and preferred qualifications
9. Department head's interview
10. Appointment from external 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:
(I) 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;
then
(2) 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 the recommendation of the joint Labor/Management Committee.
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.
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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 I43.014(h) of 143.014 of the Texas
Local Government Code shall apply.
(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 this article may not transfer out of their current
assigned Division into any other classified civil service position in another Division in
the Department. Reclassified Prevention Division employees 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. Vacancies
Vacancies in any of the newly classified positions other than Fire Marshal and
Emergency Management Program Manager will be filled by a competitive process. The
format of the competitive process and pre-requisites for that process will be made by
recommendation of the joint Labor/Management Committee by June 1, 2007, to the
Department head. The Department head will determine whether to adopt the
recommendation and will determine the competitive processes for these positions. The
Parties intend that the competitive processes addressed in this section are not restricted by
Article 5, the Promotions article, in this Agreement or restricted by Chapter 143 of the
Texas Local Government Code.
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Section 8. Commission's Role
The commission may adopt rules under this article providing for the efficient
administration of this article.
Section 9. Statutory Override
To the extent this article reclassifies eXlstmg civilian positions of 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 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 positions of 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 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
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 Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire
Recruitment Management Analyst and Emergency Management Program Manager.
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ARTICLE 3
LABOR/MANAGEMENT RELATIONS
Each Party shall designate three (3) representatives to serve on ajoint 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 and 5 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.
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ARTICLE 4
HIRING PROCESS
Section 1. Intent
In adopting this article, the Parties agree to implement a hiring system for beginning
position in the Department to provide for selection based upon the determination by an
Oral Interview Board and the Chiefs Interview. The parties believe a determination by
the Oral Interview Board and Chiefs Interview for beginning positions will improve the
selection process and provide applicants a fair opportunity to demonstrate skills and
abilities that serve as additional good indicators that they will perform well in the
Department.
Section 2. Adoption and Publication of Rules
Any Local Rules that may be adopted by the commission shall be in conformity with the
provisions of this article.
Section 3. Written Examination and Commission List
(a) Written Examination 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.
(b) Commission List
In this article "Commission List" shall mean the list of applicants who made a passing
grade on the written examination ranked from highest to lowest including any applicable
military points and shall not mean the eligibility list from which an applicant may be
appointed.
When a vacancy occurs in a beginning position in the Fire Department, the Department
head shall request in writing from the director the names of suitable persons from the
Commission List outlined in subsection (a) above. The director shall certify and provide
to the Department head all of the names of such applicants on the Commission List.
From the Commission List of names, the Department head shall identify a number of
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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 applicant will
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 may 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.
(c) Selection of Fifteen (15) candidates to Proceed to Oral Interview Board
From the list of names of applicants who passed the Physical Ability Test, the
Department head shall identify the fifteen (15) applicants with the highest ranking on the
Commission List who have passed the Background Check and Physical Ability Test to
proceed to the next step in the process. In the event that those fifteen (15) names are
exhausted after the completion of the Oral Interview Board and Chiefs Interview, then
the Department head shall identify a number of applicants (the number to be identified at
that Department head's discretion) on the Commission List to proceed to the next step in
the process in order to create a new list of fifteen (15) applicants.
Section 5. Oral Interview Board
(a) Oral Interview Board
The joint Labor/Management Committee shall establish an Oral Interview Board made
up offour (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.
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(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 Chiefs 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 or Battalion Chief(s) to attend
the Fire Chiefs Interview for all eligible applicants. The Chief will assign an applicant a
score from zero (0) to one hundred (100) points. Any input from the Deputy Fire Chief
or Battalion Chief will be included in the Chiefs score. This score will be the final
Chiefs Interview score for each eligible applicant. If an applicant does not pass 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
.30 to account for thirty percent (30%) of the applicant's final overall score (see below).
(4 Oral Interview Board Scores divided by 4 = final Oral Interview Board Score) x 70%
+
(final Chiefs Interview score) x 30%
applicant's final overall score
When a vacancy occurs, the Department head shall appoint the eligible suitable applicant
having the highest final overall score on the eligibility list unless the Department head
has a valid reason for not appointing the person. Each hiring eligibility list remains in
existence for one (I) year after the written examination unless exhausted. At the
expiration of the one-year period, the eligibility list expires and a new hiring procedure
may be held. All applicants may be subject to a polygraph examination at the
Department head's discretion.
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Section 8. Effect of an Eligibility List Created Under this Article
A hiring eligibility list in existence at the time of the adoption of this article shall
continue in effect until its expiration in accordance with section 143.025(h) of the Texas
Local Government Code. 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
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(i) to provide for an Oral
Interview Board and Chief's 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.
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ARTICLE 5
PROMOTIONS
Section 1. Intent
In adopting this article, the Parties agree to implement improvements to the promotional
process for the Department by improving pre-requisites that qualify a candidate to take a
promotional written examination. The parties believe the improving 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.
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) 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.
(b) 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
Labor/Management Committee outlining the pre-requisites developed at that
point.
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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. Promotion From Fire Fighter Rank to Driver Rank
(a) Intent of this Section
The parties do not intend for a Fire Fighter's pay to be reduced in the event the Fire
Fighter is promoted from Fire Fighter rank to Driver rank. The Parties understand that,
under certain circumstances, a Fire Fighter Step F base salary may be higher than the
base salary of a Driver Step A. It is the intent of the Parties that, in those circumstances,
such promoted Driver receive the Driver Step B base salary.
(b) Pay for Certain Drivers
In the event a Fire Fighter is at Step F in the Fire Fighter rank and promotes to a Driver
rank and the base salary for Driver Step A is less than the base salary for Fire Fighter
Step F, then, as a Driver, that Driver shall receive the Driver Step B pay instead of Driver
Step A pay as his/her base salary. That Driver's base salary will continue at the Step B
designation until the beginning of year five (5) as a Driver.
Section 7. 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
l43.036(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 8. Statutory Override
This article supercedes the following sections of the Texas Local Government Code:
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 joint Labor/Management Committee to
the extent any of those pre-requisites may be deemed to conflict with these sections; and
section 143.036(a) to provide for the promotional process in accordance with this article
FINAL 9.20.06
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and to the extent any provisions of this article may be deemed to conflict with this
section.
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 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 to create a standing Wellness Committee that will work on implementing
the requirements of rule 435.21 of the Texas Commission on Fire Protection and will work
on the implementation of standardized physicals. 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. 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. This section 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
BASE PAY
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.
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 the ranks of Fire Recruit, Fire Fighter, Fire
Driver, Fire Captain, and Fire Battalion Chief shall be proposed on the basis of the
following calculations:
(a) First Contract Year. The recommended base salary increase shall include
an increase of four percent (4%) per rank on October 7, 2006, and a
second increase of four percent (4%) 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 added to each rank in year 2 of the contract. The step proposed for Fire
Fighter will be at year 7, the step proposed for Fire Driver will be at the
beginning of year 3, the step proposed for Fire Captain will be at the
beginning of year 3, and the step proposed for Fire Battalion Chief will be
FINAL 9.20.06
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at the beginning of year 3. The base salary for these additional steps will
be proposed at five percent (5%) above the step immediately below.
(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%). The
recommendation will propose that the year 7 step for Firefighter will
receive an increase (should an increase be required) to match the survey
average maximum base salary for that rank plus five percent (5%).
(e) Third Contract Year-Additional Step. An additional step position will be
added for the ranks of Fire Driver, Fire Captain and Fire Battalion Chief in
year 3 of the contract. The step proposed for Fire Driver will be at the
beginning of year 5, the step proposed for Fire Captain will be at the
beginning of year 5, the step proposed for Fire Battalion Chief 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 and additional steps outlined in sections 3(a) through 3(e) 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 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 the City Council adopts a
resolution declaring that the City cannot meet its funding obligations for this Agreement
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, a reduction
occurs because the electorate of the City subjects the government of the City to a rollback
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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.
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ARTICLE 10
PENSION
For each year of the Agreement, the City shall increase its contribution toward the
Firemen's Retirement and Relief Fund by 1 % as of the date of the new fiscal year;
however, the contribution level toward the Fireman's Retirement and Relief Fund under
this article shall not exceed the City's actuarial contribution rate to the Texas Municipal
Retirement System.
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ARTICLE 11
DEFERRED COMPENSATION PLAN
Section 1. Optional Retirement Program
The City will make available the IAFF Financial Corporation 457 Plan ("IAFF Plan") in
January 2007 as one of the options that a Firefighter or newly classified employee in the
Department may participate provided that:
(I) confirmation is obtained prior to then from International City Managers'
Association-Retirement Corporation ("ICMA-RC") that there will be no change
to asset management fees paid by members currently participating in the ICMA-
RC 457 plan; and
(2) the City will bear no additional expenses.
A Firefighter or newly classified employee in the Department wishing 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 Bnsiness 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 nation level.
The Department head will make reasonable scheduling adjustments and accommodations
pursuant to ABLE requests to allow authorized Association Representative to participate
on behalf of the Association to attend scheduled Meet and Confer negotiating session,
sub-committee meetings, and joint Labor/Management Committee sessions between the
Association and the City.
The Association President or his designee may be granted reasonable time off pursuant to
and 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 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 no 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 bye-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 ofthe 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 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.
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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 I 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.
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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 has
only been willing to 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 oflaw. 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
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expeditiously as possible and the arbitrator's written decision shall be based on a
preponderance of evidence within thirty (30) days after close of the hearing.
Section 4. Decision Final and Binding
If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall
be strictly limited to interpreting and applying the explicit provisions of this Agreement.
The arbitrator shall not have authority to modify the Agreement or create additional
provisions not included in the Agreement. The Parties agree that neither the City nor the
Association shall have ex parte communications with the arbitrator concerning any
matter involved in the dispute submitted to the arbitrator. Each Party shall be responsible
for its own expenses in preparing for and representing itself at arbitration, but the fees of
the arbitrator shall be borne equally by the Parties. The written decision of the arbitrator
shall be final and binding on both Parties and may not be appealed by either Party, except
for any decision procured by fraud or collusion, or which exceeds the arbitrator's
jurisdiction or which is based on legal conclusions or interpretations which are clearly
contract to existing law.
Section S. 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, 2006, and shall remain in full
force and effect through September 30, 2009, and may be mutually extended by both
Parties.
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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 comers of the Agreement, the
Negotiation History Document drafted by the Pay Subcommittee may be utilized to show
the intent of the Parties.
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SIGNATURE & EXECUTION PAGE
THE FOREGOING INSTRUMENT AS BEEN DULY NEGOTIATED,
REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED
BELOW:
THE CITY OF DENTON, TEXAS-;-h
(Approved by Denton City Council on 20-of \ YfJi.
By ~~ D",d
INTERIM CITY ANAGER
, 2006)
OQ/26/06
I ,
By:
Dated:
t;q/2(;J00
f '
~APPROVED AS TO FO
~.-
,
'-
ROSS CHADWICK
FIRE CHIEF
JERRY DRAKE
DEPUTY C ATTORNEY
THE DENTON FIRE FIGHTERS ASSOCIATION, LOCAL 1291
(Ratified by DFF A Membership on n of S(1.,*~~U, 2006).
By 2:~ 0,,,,, cYik A,<-
IKE TUC ER I /
PRESIDENT, DENTON FIRE FIGHTERS ASSOCIATION
~fJflJZ
JA S. BALLARD
Dated: oq/Zb/WO&
I ,
By:
SECRETARY, DENTON FIRE FIGHTERS ASSOCIATION
FINAL 9.20.06
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EXHIBIT A
PANEL OF ARBITRATORS
Norman Bennett
Otis King
Francis Quinn
Bill Detwiler
Donald Goodman
John Barnard
35