HomeMy WebLinkAboutRES 072319-L - Confer Agmt PoliceRESOLUTION NO. 3 I q -I-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, RATIFYING A MEET AND CONFER
AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION
OF GEORGETOWN PURSUANT TO SECTION 142.064 OF THE
TEXAS LOCAL GOVERNMENT CODE.
WHEREAS, the City of Georgetown recognizes and respects the invaluable public safety service
that the employees of the Police Department provide for the citizens of Georgetown.
WHEREAS, an open dialogue regarding Police Department concerns contribute to the continued
success of the department; and
WHEREAS, the City of Georgetown desires to facilitate strong relationships with its employees
toward the common goal of providing superior public safety for our citizens; and
WHEREAS, the City of Georgetown and the Police Benevolent Association of Georgetown have
created an agreement that is beneficial to both parties.
NOW, THEREFORE, BE IT RESOLVED:
SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as is copied verbatim.
SECTION TWO. The City Council hereby ratifies a Meet and Confer Agreement with the Police
Benevolent Association of Georgetown pursuant to Section 142.064 of the Texas Local Government
Code.
SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the City Secretary to
attest.
SECTION FOUR. This Resolution shall become effective on July 23, 2019.
��PASSED AND APPROVED on the ` day of , 2019.
A ST:
Robyn Delfismore, City Secretary
APP OV AS TO FORM
Charlie Mc b, City Att rney
Resolution No. 01 7'3l -L L
Meet and Confer
Date Approved 03`�
CITY GEORG TOWN, TEXAS
i
Dale Ross, Mayor
Meet and Confer Agreement Between
The City of Georgetown
and
The Police Benevolent Association of
Georgetown
July 24, 2019 through September 30, 2024
TABLE OF CONTENTS
DEFINITIONS..................................................................................................................................... 2
ARTICLE 1 RECOGNITION....................................................................... ...................... 3
ARTICLE 2 REPRESENTATION ON THE LEADERSHIP TEAM ........................................... 4
ARTICLE 3 HIRING PROCESS...................................................................................................... 5
ARTICLE 4 COMPENSATION........................................................................................................ 7
ARTICLE 5 CERTIFICATION/EDUCATION PAY.................................................................... 10
ARTICLE 6 ASSIGNMENT PAY .......................................................... ................. ,.......... ...........
101
ARTICLE 7 STANDBY PAY.........................................................................................................102
ARTICLE 8 LATERAL ENTRY...................................................................................................
103
ARTICLE 9 BADGE AND GUN AT RETIREMENT................................................................
105
ARTICLE 10 PROMOTIONAL PROBATIONARY PERIOD.................................................106
ARTICLE 11 REPRESENTATION ON BENEFITS COMMITTEE.......................................188
ARTICLE 12 ASSOCIATION ACCESS TO NEW HIRES.......................................................199
ARTICLE 13 BULLETIN BOARDS............................................................................................... 20
ARTICLE 14 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE 21
ARTICLE 15 TERM OF AGREEMENT.......................................................................................
25
ARTICLE 16 SAVINGS CLAUSE, PREEMPTION PROVISION.
AND COMPLETE AGREEMENT CLAUSE................................................................................ 26
SIGNATURES AND EXECUTION PAGE....................................................................................
27
APPENDIX A OCTOBER 2019 PAY PLAN................................................................................. 28
APPENDIX B CERTIFCATION/EDUCATION PAY.................................................................. 29
APPENDIX C PANEL OF ARBITRATORS................................................................................. 30
APPENDIX D POLICY 105 STANDING COMMITTEES.......................................................... 31
DEFINITIONS
"Agreement" means the Meet and Confer Agreement entered between the Police Benevolent
Association of Georgetown and the City of Georgetown.
2. "Association" means the Police Benevolent Association of Georgetown, its elected leaders
and its collective membership.
3. "City" means the City of Georgetown, its mayor, city council members, city manager, police
chief and those persons designated by the City of Georgetown to manage the city and its police
department.
4. "Commission" means the City of Georgetown Police Officers' and Police Officers' Civil
Service Commission.
5. The term "Department" means the Georgetown Police Department.
6. The term "Department head" means the Chief of the Georgetown Police Department,
designee, or an acting Chief of the Georgetown Police Department.
7. "Leadership Team" refers to the Leadership Team specified in Police Department Policy 105
Standing Committees
8. "Parties" means the City of Georgetown and the Police Benevolent Association of
Georgetown.
9. The term "Police Officer" means a member of the Georgetown Police Department serving 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.
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ARTICLE I
RECOGNITION
The CITY OF GEORGETOWN recognizes the POLICE BENEVOLENT ASSOCIATION OF
GEORGETOWN as the sole and exclusive bargaining agent for the covered Police Officers described
in the petition for recognition, excluding the head of the Police Department and Assistant Police
Chief(s).
ARTICLE 2
REPRESENTATION ON THE LEADERSHIP TEAM
The Association President shall be provided a position on the Leadership Team and the President
will also have the authority to appoint one (1) additional member of the department to the team.
Both the President and the appointee shall be fully participating members of the Leadership Team
and perform the same duties as all other members.
The Department Head shall reserve the right to rescind this representation at any time. However,
representation will not be affected regarding Article 3 (Hiring Process) of this agreement.
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ARTICLE 3
HIRING PROCESS
Section 1. Hiring Process
The Parties agree that the Department head possesses the discretion and authority to establish entry
level selection procedures which need not be the same as those established by Chapter 143 and the
Department head possesses authority under this article to entirely or partially supplant, delete,
supplement or modify sections 143.021(c), 143.022, 143.023, 143.024, 143.025, 143.026, and
143.041 of the hiring process subject to the following conditions:
•. The Leadership Team shall be tasked with developing an alternative hiring process to be
submitted to the Department Head for approval. If not approved, the Department Head shall
communicate their concerns and the Leadership Team shall address those concerns and
resubmit the proposed hiring procedure.
o For the exclusive purposes of this article, Policy 105 Standing Committees, shall
remain consistent with the policy reflected in Appendix "D", with the exception that
civilian members of the Leadership Team shall not be entitled to vote on items
specifically related to the Hiring Process outlined within this article. This shall also be
the version of the SOP utilized for the duration of this agreement.
• Should the Department Head eliminate the Leadership Team, modify Policy 105 Standing
Committees, or alter the scope of the Leadership team, the version of Policy 105 Standing
Committees in effect on the date of ratification shall be used for the exclusive purposes of
developing an alternative hiring process as outlined herein.
• In the event that the Department Head and the Leadership Team reach an impasse on
alternative hiring procedures, the hiring process outlined within Texas Local Government
Code 143 shall be re-enacted.
• In the event the Department Head rescinds the Association's general representation on the
Leadership Team as outlined in Article 2, the Association President plus his or her appointee
shall be added to the Leadership Team for the exclusive purposes of this Article.
• In the event the revised hiring procedure is implemented and used during the term of this
Agreement, further revisions may be made by the Leadership Team at the request of the
Department Head.
The Parties agree that the City retains responsibility for the hiring process and any liability for the
hiring process.
Section 3. Effect of Contract Expiration
The provisions of this Article shall remain in full force and effect after expiration of this Agreement
as to any hiring process which has been commenced, as determined by the Department Head, in
substantial reliance upon the provisions of this Article. Any pool of eligible candidates created under
the terms of this Article will remain in effect for twelve (12) months from the date of creation,
notwithstanding the expiration of this Agreement, unless exhausted prior to the expiration of twelve
(12) months or unless the duration of the list is set for six (6) months.
Section 4. Statutory Override
This Article supplants sections 143.021(c), 143.022, 143.023, 143.024, 143.025, 143.026, and
143.041 of the Texas Local Government Code. This Article further preempts, to the extent of any
conflict, all other 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.
ARTICLE 4
COMPENSATION
Section 1. Base Pay Philosophy
The City recognizes that the recruitment and retention of highly capable and professional Police
Officers is essential to the success of the Georgetown Police Department. As such, it is the desire of
the City to maintain a pay philosophy that considers the average pay for Police Officers as reflected
in Section 3(a). The parties recognize financial limitations may face the City in challenging economic
periods. Section 3(c) of this Article reflect the Parties' intent to address the current economic period
and are not intended to serve as precedent in future agreements.
Section 2. Comparator Cities
Austin, Cedar Park, Leander, New Braunfels, Pflugerville, Round Rock, San Marcos, Sugar Land,
and Williamson County shall continue to be used as comparator cities for the salary survey to be
conducted each year of this agreement. City staff will survey salary competitiveness in the first quarter
of each calendar year. The results of each survey will be reviewed with Association leadership. Based
on the survey information of the comparator cities, the average of base pay for minimums for each
rank shall be calculated and proposed for approval as a part of the budget process.
Section 3. Compensation Proposal Calculation
(a) Compensation for the ranks of Police Officer, Sergeant, Lieutenant, and Captain shall be
proposed on the basis of the following calculations.
(b) Current Fiscal Year — The step plan will remain unchanged between the Effective Date of this
Agreement and Fiscal Year 19/20. However, steps on previously established anniversary dates/hire
dates will occur as scheduled.
(c) Fiscal Year 19/20 - During the first year following the adoption of this Agreement the City
will recommend the step plan and implementation outlined in Appendix "A". The implementation of
this updated step plan would occur in two phases:
Phase one — implementation - will occur in the first full pay period in fiscal year 19/20, with
an effective date of October 14, 2019 that will be reflected on the November 1, 2019 paycheck.
Implementation consist of updating market competitive rates for each rank as shown in
Appendix "A". Employees will retain their current rank and step.
■ Phase two — step - will consist of step increases upon employee hire/promotion anniversary
date as previously established.
The pay plan recommended for implementation in October of 2019 continues to reflect the
methodology agreed to by the City and the Association and approved in 2016, specifically:
■ To allow overlap between ranks;
• To increase pay acceleration at early steps within the Police Officer rank;
■ Individuals stepping up to a higher class role as defined by departmental policy will be
placed in the higher class rank at the nearest step that results in at least a five percent (5%)
increase in base salary from the individual's rank to the higher class rank for that duration;
and
• Individuals that are promoted will be placed in the new rank at the nearest step that results
in at least a five percent (5%) increase in base salary.
(d) Future fiscal years - In future years, FY 20/21 and beyond, the City commits to, at a minimum,
proposing Sixty percent (60%) of the market gap using the following methodology:
The recommended base pay scale shall continue to be calculated by the salary survey conducted in
the first quarter of each calendar year of the Agreement, utilizing the average minimum base salary
for each rank of the nine (9) comparator organizations as specified in this Agreement. The
recommendation will propose that the minimum base pay for each rank will receive an increase
(should an increase be required) to match the survey average for base pay minimums.
City staff shall prepare a report to the City Manager to be forwarded to the City Council at the time
the proposed budget is submitted to the City Council that will show the cost of implementing the pay
increase as calculated above.
Recommendations will include implementation during the first full pay period in October, unless
otherwise determined by both parties through the Association Leadership discussions.
Section 4. Override
This Article supplants 143.041(b) and 143.038 of the Texas Local Government Code.
Section 5. Funding Obligations
Depending upon the financial forecasts, the City may implement the compensation recommendations
in Section 3 between the first pay period of the fiscal year and the first pay period of July 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 ongoing revenues or any other funds
lawfully available for those obligations, including tax revenues reasonably anticipated at equal or
higher total gross amounts as were collected in each preceding fiscal year respective to each year of
the Agreement, and appropriated for such purpose by the City Council, in compliance with the Texas
Constitution, Article XI, Sections 5 and 7.
Following the adoption of the annual budget that may establish a pay increase, should the City Council
find it fiscally necessary to reduce base pay for non -civil service City employees, or implement other
cost saving measures such as mandatory furloughs or a reduction -in -force, the increases
recommended under this Article may be reduced accordingly.
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 Association agrees to
reopen the salary and other compensation provisions of this Agreement for the purpose of
renegotiating the same. If sixty (60) calendar days after these negotiations begin, no agreement has
been reached; this Agreement shall terminate and be null and void in its entirety.
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ARTICLE 5
CERTIFICATION/EDUCATION PAY
Section 1. Certification/Education Pay
The parties agree that certification and education incentives help in attracting and retaining highly
capable and professional Police Officers. It is also understood that in order to promote to higher
ranks within the Department, college hours or a degree may be required.
As such, the Certification/Education Pay plan outlined in Appendix `B", reflecting monthly
incentive amounts, shall become effective October 10, 2016.
Individuals shall not be eligible to obtain incentive pay for both certification and education. Should
an individual submit proof of eligibility for both certification and education, the greater incentive
amount of the two shall apply.
Individuals interested in applying for Certification/Education Pay must follow the guidelines set
forth in Police Department Policy. Monthly incentives shall be divided and distributed bi-weekly.
Section 2. Statutory Override
This Article supplants section 143.044 of the Texas Local Government Code. This Article further
preempts, to the extent of any conflict, all other 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
ASSIGNMENT PAY
Section 1. Assignment Pay
The parties agree that certain specialized roles performed by Police Officers and assigned by the
department head should receive assignment pay.
Section 2. Guidelines
As such, the following Assignment Pay plan, reflecting monthly incentive amounts, shall become
effective October 28, 2019 and reflected on the November 15, 2019 paycheck.
Eligible Assignments:
• SWAT $150/MONTH
• MOTORS $150/MONTH
Individuals shall not be eligible to obtain multiple assignment pays simultaneously. All assignments
are at the discretion of the department head.
Section 3. Statutory Override
This Article supplants section 143.042 of the Texas Local Government Code. This Article further
preempts, to the extent of any conflict, all other 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 7
STANDBY PAY
Section 1. Standby Pay
Civil Service employees in certain roles are required to be available in standby status as part of their
job. Civil Service law does not currently allow for standby pay. It is the desire of the City and
Association to make the current City Standby Pay policy, currently policy number 211, applicable
to Police Officers as designated by the department head based on their role.
Standby pay will take effect for employees designated by the department head beginning no sooner
than October 28, 2019 and reflected on the November 15, 2019 paycheck.
This article will remain in effect for the duration of this agreement, regardless of whether the policy
number is changed.
Section 2. Statutory Override
This Article supplants section 143.041 of the Texas Local Government Code. This Article further
preempts, to the extent of any conflict, all other 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.
12
ARTICLE 8
LATERAL ENTRY
Section 1. Purpose
This program will help recruit qualified applicants for the position of Entry -Level Police Officers.
Upon successful completion of the hiring process, the department head will meet with the
background investigator to determine if the applicant meets the criteria to be placed at the warranted
step of the Police Department's Pay Schedule.
Section 2. Eligibility Requirements
Applicants must:
(a) Be certified by the TCOLE at time of entry level written exam;
(b) Have at least three (3) years of prior work experience with similar duties in a comparable
municipal law enforcement agency with a population of no less than 15,000 residents;
(c) Must not have a break in service as a Police Officer of more than 180 days, prior to the
applicant's examination date; and
(d) Must successfully complete all civil service and/or internal hiring requirements.
Section 3. Guidelines
(b) The Lateral Entry Program is for pay purposes only.
(c) Applicants hired under this program will be placed upon entry at the step in the department's
step schedule commensurate with their years of experience minus one (1) year, up to and
including step seven (7). The officer will then progress through the steps as he/she completes
his/her years of service.
i. Upon adoption of this agreement, currently employed officers of the Department
who would have met the above listed eligibility requirements and who were hired
within the last 5 years from the date of October 14, 2019 will be advanced on the
step schedule to the step commensurate with their years of experience minus one
(1) year if that step has not already been reached. This movement will be
effective on October 14, 2019 and does not include the addition of prior years of
experience with the current step level.
(d) Longevity -Pay will be calculated in the same manner as all other police officers. No credit will
be given to completed years of service in other law enforcement agencies.
(e) Officers hired under this program must also complete a one (1) year probationary period in
accordance with Chapter 143 of the Texas Local Government Code.
(f) The department head's final determination of whether an applicant meets the criteria of the
Lateral Entry Program shall be final and non -appealable to the Civil Service Commission or to
any court.
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Section 4. Statutory Override
This Article supplants section 143.041 of the Texas Local Government Code. This Article further
preempts, to the extent of any conflict, all other 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 9
BADGE AND GUN AT RETIREMENT
An officer who honorably retires after a minimum of ten (10) consecutive years, immediately
preceding his/her retirement from the Georgetown Police Department, shall be awarded a retirement
badge and his/her duty handgun, under the following conditions:
1. A formal transfer of ownership shall occur, so that the CITY disclaims all responsibility and
liability for the retiree's use of the duty handgun. If requested by the CITY, the retiree shall
execute a waiver of liability;
2. The retiree shall not hold himself/herself out to be an active Georgetown Police Officer;
3. "Honorably Retire" means that an officer retired in good standing, as determined by the
department head, was not subject to a performance improvement plan at time of retirement
and was not under investigation at the time of retirement, or the allegation was not sustained
after retirement.
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ARTICLE 10
PROMOTIONAL PROBATIONARY PERIOD
Section 1. Purpose
Promoted employees shall serve a one (1) year probationary period upon their appointment to their
new position. The department head may demote any employee during their promotional
probationary period; however, prior to any such demotion, reasonable effort shall be made to ensure
the success of the promoted employee, including placement of the employee on a performance
improvement plan as deemed appropriate by the department head. Demotions made by the
department head pursuant to this provision take effect immediately and are not subject to the
demotion process of Chapter 143 of the Texas Local Government Code.
During the probationary period the process shall include but not limited to:
(a) HR training
(b) Two (2) day in-house administrative training (Blue Team, OSSI, Guardian, etc.)
(c) TCOLE mandated new supervisor training
(d) Mentorship program
Section 2. Demotion Appeal Rights
Should the department head demote an officer for cause as cited above, a demotion may be
appealed to the Civil Service Commission only. The decision of the Civil Service Commission is
final and binding to both parties.
Section 3. Promotional Appointments
The department head shall appoint candidates from the appropriate eligibility list pursuant to
Chapter 143 of the Texas Local Government Code; additionally, the department head may Pass-
over a candidate if within the two (2) years immediately preceding the date of the written
promotional exam, the candidate has been subject to the following:
(a) A temporary suspension of 24 hours or more; or
(b) A demotion whether voluntary or involuntary.
If a candidate on the eligibility list is passed -over for the above stated reasons (a) or
(b), the candidate shall have no right of appeal regarding the pass -over.
Section 4. Statutory Override
This Article supplants section 143.054 of the Texas Local Government Code. This Article further
preempts, to the extent of any conflict, all other contrary state statutes, local ordinances, executive
16
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.
17
ARTICLE 11
REPRESENTATION ON BENEFITS COMMITTEE
The Association may appoint one (1) member to the City's Benefits Committee. That appointee
shall be a fully participating member of the Committee and perform the same duties as all other
members of the Committee.
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ARTICLE 12
ASSOCIATION ACCESS TO NEW HIRES
The Association shall have the exclusive right to be permitted to meet with new officers during the
employee orientation only to ensure they have received a copy of the agreement and to be able to
explain and answer questions about the agreement.
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ARTICLE 13
BULLETIN BOARDS
Section 1. Bulletin Board Space
The Association shall be permitted to maintain, at the Public Safety Building, one (1) bulletin board
to be used exclusively for Association business. These bulletin boards shall be allowed by the City,
shall be consistent with the decor of the building, and located in suitable locations easily accessible
to the employees for the purpose of posting notices of interest to members of the Association.
Section 2. Maintenance of Posted Materials
The Association shall be responsible for maintaining all posted materials and shall ensure that all
posted materials are compliant with any and all city policies relating to public postings. The City
shall have the authority to remove any posted materials that are non -compliant with said policies.
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ARTICLE 14
CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE
Section 1. Scope of Procedure
The City and Association recognize that from time to time disagreements between the Parties may
arise as to the application or interpretation of this Agreement. The Parties therefore agree that the
purpose of this dispute resolution procedure is to provide a just and equitable method for resolving
disagreements between the Parties regarding the application or interpretation of the provisions of this
Agreement. Only matters involving the interpretation, application, or alleged violations of a specified
provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure.
Any matters for which the right of appeal or review is afforded by Chapter 143 of the Texas Local
Government Code are excluded from the scope of this article.
Section 2. Application of Procedure
If the Association has a dispute with the City regarding this Agreement, the Association Executive
Board, or Association's President's designee, should reduce the dispute to writing and deliver it to
the City's designated representative, who shall be its Department head or designee.
A Police 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 Executive Board.
Each dispute shall be submitted in writing, and must include, at minimum, the following information:
1. a brief statement of the dispute and the facts or events on which it is based;
2. the sections(s) of the Agreement alleged to have been violated;
3. the remedy or adjustment sought; and
4. the bargaining unit member's signature or, if filed by the Association Executive Board, the
signature of the Association President or designee.
Any claim or dispute by a Police Officer or group of Police Officers under this Agreement which
includes a claim for pay or benefits for any past pay periods must be filed by the employee with the
Association Executive Board within fifteen (15) business days of the date when the employee knew
or reasonably should have known of the claim. Disputes by the Association Executive Board, or
Police Officer shall proceed along the following steps:
Step 1. An aggrieved Police Officer must initiate a dispute with the Association Executive Board
within fifteen (15) business days of the date upon which the Police Officer knew of or should have
known of the facts giving rise to the dispute. A copy of notice or receipt of the dispute shall be
forwarded to the Department head by the Association Executive Committee within three (3) business
days of the receipt of the dispute. The Association Executive Board shall within their sole discretion
determine if a dispute exists within fifteen (15) business days of receipt of the dispute. If the
Association determines that no dispute exists, the grievance will be deemed denied and it shall notify
the Department head in writing that no further proceedings will be necessary. If the Association
21
Executive Board determines that the dispute is valid, it will notify the Department head of such and
forward a copy of the grievance to the Department head within fifteen (15) business days after
determination.
Step 2. Any dispute found to be valid by the Association Executive Board shall be submitted to the
Department head within fifteen (15) business days of the Step 1 decision. After receipt of the dispute,
the Department head shall within fifteen (15) business days submit his/her response in writing to the
Association Executive Board. If there is no timely reply from the Department head the grievance is
deemed denied and will proceed to the next step as indicated.
Step 3. If the dispute is not resolved in Step 2, the Association Executive Board may advance the
dispute in writing to the City Manager or designee within fifteen (15) business days from receipt of
the Step 2 decision of the Department head. The City Manager or designated representative shall
review the matter and render a decision in writing to the Association Executive Board within fifteen
(15) business days of the receipt of the dispute in Step 3. The City Manager or designee may, at
his/her discretion, conduct a conference to further explore the merits of the dispute and to explore
resolution options.
Step 4. If the dispute is not resolved in either Step 2 or Step 3, either Party shall have the right to seek
mediation of the dispute by requesting same in writing within fifteen (15) business days from the
Department head's response or the City Manager's response. The mediation will proceed before either
a mediator with the Federal Mediation and Conciliation Service or before a mutually agreed mediator.
The mediation shall be held in available facilities of the City of Georgetown.
Step 5. If the dispute is not resolved at Step 4, the Association Executive Board shall have fifteen
(15) business days from the date of mediation to determine whether it will pursue the dispute under
this article through arbitration. Under this step, the Association Executive Board must deliver a letter
indicating its election to proceed to arbitration to the Department head and City Manager.
Section 3. Arbitration Option
The Parties have agreed that all disputes under this Agreement, which concern the application and
interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties
exclude from this Agreement disputes involving statutory application and interpretation for rights and
claims not arising under sections 142 or 143 of the Texas Local Government Code. The terms of the
Agreement, and any factual issues which are determinative in applying the Agreement, shall be the
sole province of the designated arbitrator, and his or her decision shall be final. However, the City
will only agree to arbitration on the condition that legal issues which are determinative in any contract
dispute are subject to judicial review. This additional exception to the Parties' arbitration Agreement
is a narrow one, as reflected by the bargaining history. This contract represents an agreement to submit
disputes to arbitration within its scope, and otherwise preserves the existing jurisdiction of Texas
Courts over any contract rights and claims not exclusively committed to arbitration. The Parties have
agreed that questions of law, which involve either the interpretation and application of state statutes
or the application of legal principles from Texas appellate court opinions (or the failure to properly
apply such legal principles or opinions) to controversies under this article shall be submitted initially
22
to arbitration, but that either party shall have a limited right of appeal from an arbitration award in the
Courts solely for the purpose of reviewing disputed issues of law. No such appeal from arbitration
shall include review of any factual determinations by the arbitrator, including credibility of witnesses
or weight of the evidence. If an appeal from arbitration based on erroneous application of the law is
not successful, the appealing Party shall bear all costs of such appeal.
If a dispute is submitted to arbitration, within seven (7) business days, the Department head and/or
City and the Association may mutually agree on the selection of an arbitrator or if unable within 30
days, select an arbitrator by alternately striking names from the Parties' pre -determined panel of six
(6) qualified neutral arbitrators. The process will be as follows: the Association shall strike the first
name under this article with the first dispute brought under this article. Thereafter, the first strike shall
alternate between the Parties. The panel list is attached as Appendix "C" 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. 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.
Upon written request delivered at least fourteen (14) calendar days prior to the date of the hearing, a
party to the proceeding shall provide, no later than seven (7) days prior to the hearing, to the opposing
party the names and addresses of witnesses expected to be called at the hearing. In the absence of
good or excusable cause, the arbitrator may exclude the testimony of a witness upon the failure of a
party to disclose such a witness. The parties, in writing, may request discovery from each other
concerning the grievance. Should the opposing party not agree to provide the requested information
within seven (7) calendar days of the request; the request shall be deemed denied. The requesting
party may then apply to the arbitrator, who shall order such discovery consistent with, but not bound
by, the rules of discovery in Texas civil cases. In considering the application, the arbitrator shall
consider the burden and expense of producing the information, the need of the requesting party, the
amount of time available prior to the hearing, and such other matters as he may deem material. In no
event shall discovery be requested within thirty-five (35) calendar days prior to the hearing, unless
agreed by the parties.
The hearing shall be held in available facilities of the City of Georgetown and shall be conducted
informally, without strict evidentiary or procedural rules. The conduct of the hearing shall be
governed by the standard rules of the American Arbitration Association. The arbitrator shall consider
and decide only the issue(s) in the dispute statement or submitted in writing by agreement of the
Parties. The hearing shall be concluded as expeditiously as possible and the arbitrator's written
decision shall be based on a preponderance of evidence within thirty (30) days after close of the
hearing, or after receipt of post -hearing briefs if applicable.
Section 4. Decision Final and Binding
If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly
limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall not
have authority to modify the Agreement or create additional provisions not included in the
Agreement. The Parties agree that neither the City nor the Association shall have ex parte
23
communications with the arbitrator concerning any matter involved in the dispute submitted to the
arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself
at arbitration, but the fees and expenses of the arbitrator shall be borne equally by the Parties. The
written decision of the arbitrator shall be final and binding on both Parties and may not be appealed
by either Party, except for any decision procured by fraud or collusion, or which exceeds the
arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are clearly
contrary to existing law.
Section 5. Mutual Extension
All deadlines within this article may be extended by mutual agreement by the Parties.
Section 6. Grievances of Non -Association Members
Grievances of Non -Association members must follow the same procedure outlined by this article.
However, should the grievance of a Non -Association member require that Association resources be
used, the Non -Association member will be required to pay all expenses incurred while pursuing final
disposition of their grievance. These shall include cost for payment of Arbitrator fees, counsel fees
and any other fees directly related to the grievance. All disciplinary appeals shall follow the procedure
as outlined in chapter 143 of the Local Government Code.
24
ARTICLE 15
TERM OF AGREEMENT
This Agreement shall have an effective date of July 24, 2019, and shall remain in full force and effect
through September 30, 2024. This agreement may be extended by written mutual agreement.
25
ARTICLE 16
SAVINGS CLAUSE, PREEMPTION PROVISION,
AND COMPLETE AGREEMENT CLAUSE
Section 1. Savings Clause
If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such
invalidity shall not affect any other provision of this Agreement, which shall continue to be in full
force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible to
agree on a substitute provision. However, if the Parties are unable to agree within thirty (30) days
following commencement of the initial meeting, then the matter shall be postponed until Meet and
Confer negotiations are resumed. This deadline may be extended by mutual agreement by the Parties.
To this end, the provisions of this Agreement are severable. This Agreement may be amended by
written mutual agreement.
Section 2. Preemption Provision
The provisions of this Agreement shall supersede the provisions of any statute, Executive Order, local
ordinance, or rule, which are in conflict herewith, including for example and not by way of limitation,
the contrary provisions of Chapter 143; Ordinances of the City of Georgetown, Texas; and Rules and
Regulations of the Firefighters' and Police Officers' Civil Service Commission for the City of
Georgetown, Texas. This preemption provision is authorized by section 142.067 of the Texas Local
Government Code, and the Parties have expressly agreed that each and every provision involving or
creating such a conflict shall have the effect of superseding the statutory standard or result which
would otherwise obtain, in the absence of this Agreement. This provision is of the essence to the
bargain and Agreement, which has been reached.
Section 3. Complete Agreement Clause
The Parties agree that each has had full and unrestricted right and opportunity to make, advance and
discuss all matters properly within the meet and confer process. This Agreement constitutes the full
and complete Agreement of the Parties and there are no others, oral or written, except as specified in
this Agreement. This Agreement supersedes and replaces all prior agreements and understandings
between the Parties, including but not limited to the Meet and Confer Agreement between the city of
Georgetown and the Police Benevolent Association of Georgetown with an effective date of October
1, 2016.
26
SIGNATURES AND EXECUTION PAGE
THE FOREGOING INSTRUMENT HAS BEEN DULY NEGOTIATED, REVIEWED, AND
APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW:
THE CITY OF GEORGETOWN, TEXAS
(Approved by Georgetown City Council on of I , 2019)
By• � ��
DAVID MORGAN
CITY MANAGER
By:
ROBY DENSMOR
Cl' I` SECRETARY
s
V(Cj
By
-"WKYENt
NER
POLICt CHIEF
By:
CHARLIE MCNABB
CITY ATTORNEY
Dated: % Z 1 I
Dated: 01193).261 0�
Dated: 3
Dated:
THE POLICE BENEVOLENT ASSO IATION OF GEORGETOWN
(Ratiftt G Membership on of , 2019)
/ z,
By: Dat d: --------- Vvfh�
PRESIDENT .,
ASSOCIATION
S CRE RY \
P06PM BENEVOLENT ASSOCIATION
OF GEORGETOWN
27
APPENDIX A
OCTOBER 2019 PAY PLAN
City of Georgetown Police Department Pay Scale
Fff—+ice. 11111n119
Classification
A B C D E F G H I J K L M N
'Pollce0Mcer
Annual
1 $55.550
$57.7721
$60.0031
$61.8851
163.742
$65.654
$67.6241
169,6531
$71.742
$73.894
$7115.11111
$78.395
$79.962
$81.562
Police Sergeant
Annual
$77.355
$79.289
1 $81,2711
$83,303
1 $85,385
1 $87,520
$89.7081
$91.9511
994.2501
$96.606
Police Lieutenant
Annual
$87.583
$89.335
1 $91.1211
$92.944
1 $94.803
1 $96.699
$98.633
1 $100,605
1 $102,517
$104,670
Police Captain
Annual
$100.841
$102,058
1 $104.915 1
$107,013
1 $109,154
1 $111,337
$113.563
$115.835
11118,151
$120.514
28
APPENDIX B
CERTIFCATION/EDUCATION PAY
Education
Georgetowo
New
Associates
$
100
Bachelors
$
2W
Masters
$
250
Peace Officer Certification
Intermediate
$
50
Advanced
$
100
Masters
$
150
29
Norman Bennett
Donald Goodman
John Barnard
Mark Sherman
John Allman
Louis Berman Wolitz
APPENDIX C
PANEL OF ARBITRATORS
30
APPENDIX D
POLICY 105 STANDING COMMITTEES
8
OFORO F]"O WN PO�T.ICl: D :I>AR rT r
v
POLICY MANUAL
A 0
a 105 STANDING COMMITTEES
105.2 PURPOSE AND SCOPE
The policy sets forth the established standing committees of the Department.
105.2 STANDING COMMITTEES
The following standing committees exist within the Department:
1) Leadership Team
205.3 LEADERSHIP TEAM
The Georgetown Police Department Leadership Team has been established by the Chief of Police
as a leadership development tool. The purpose of the team is to act as an advisory group to the
Chief of Police and to assist with decision -making on various issues affecting policy, procedure,
internal processes, problem -solving, and working condition issues. The Leadership Team
operates independently of the chain -of -command and with the authority of the Chief of Police.
VISION:
The Leadership Team is a unique leadership development opportunity dedicated to pursuing the
organizational vision statement by means of actionable work product developed through
empowerment, collaboration, and valuing input from across the organization.
MISSION:
To serve as a leadership advisory committee for the Chief of Police.
105.3.1 TEAM COMPOSITION AND TERMS
The Leadership Team will be co-chaired by the Assistant Chief of Police and the Police Association
President representing the majority of sworn personnel pursuant to §142.054 of the Texas Local
Government Code. The Association president shall be a voting member of the committee. The
Assistant Chief shall be a non -voting member.
The remaining eight (9) members will consist of the following:
I ...... 1: 01'/(19j>O14 1':,Sr 1 -1 3
31
105 STANDING CO.MMITTEES
1) elected member (sworn)
2) elected member (sworn)
3) elected member (civilian)
4) elected member (Communications only)
5) at -large member appointed by the Chief of Police (sworn)
6) at -large member appointed by the Chief of Police (sworn)
7) at -large member appointed by the Chief of Police (civilian)
8) at -large member appointed by the Association President (sworn or civilian)
9) Administrative Lieutenant (position specific, non -voting)
*There are 9 Voting members. The Assistant Chief and Administrative Lieutenant are non -voting
members.
With the exception of the Assistant Chief of Police, the Association President, the Association
President's appointee, and the Administrative Lieutenant, each member of the Leadership Team,
should serve a two-year term before the consideration of a new appointment is made. New
appointments should be staggered to prevent the entire Leadership Team transitioning at one
time. The Leadership Team shall establish a reasonable election/appointment schedule and
submit to the Chief of Police for approval.
105.3.2 DUTIES AND RESPONSIBILITIES
When appropriate the Chief of Police may refer various items to the Leadership Team for review
and recommendation. The Leadership Team will research, discuss, reach consensus, and submit
a written recommendation on matters referred to it by the Chief of Police. The Leadership Team
will determine the method of their own decision -making process.
The Leadership Team will meet as needed to discuss assignments. The Assistant Chief of Police
will determine meeting times and format. Five (5) of the nine (9) voting members of the
Leadership Team must be present in order to establish a quorum. A simple majority carries the
vote. The Assistant Chief of Police will be a non -voting member, however, may vote to break a
tie.
In order for a Leadership Team position and/or recommendation to be validated, a simple
majority vote by a quorum must be made. However, when appropriate the Chair or their
designee may utilize other means necessary to record member votes in a timely manner.
Date Issued: 06/22/16
32
Page 2 of 3
105 STANDING COMMITTEES
All final recommendations from the Leadership Team shall be submitted directly to the Chief of
Police. The final authority for implementing recommendations rests with the Chief of Police.
The Leadership Team may be assigned to assess, evaluate, and make recommendations related
to, but not limited to, the following:
1) policy and procedures
2) hiring/recruiting strategies
3) uniforms and equipment
4) awards, decorations, and special events/ceremonies
5) marketing and branding strategies
6) employee suggestions and proposals
7) strategic planning
8) working conditions
9) other items assigned by the Chief of Police
The Assistant Chief or designee will submit items of discussion/action to team members in
advance of scheduled meetings for review and/or consideration. Leadership Team members are
a cross representation of the Department and should seek input and discussion with their peers
relative to issues up for consideration and action. The Leadership Team members are elected to
serve as representatives of the Department. As such, members are encouraged to communicate
and seek substantive feedback related to topics affecting the Department as a whole.
Any number of subcommittees may be created at the discretion of the Assistant Chief. Non -
Leadership Team members may serve on such subcommittees.
105.4 REMOVAL FROM THE LEADERSHIP TEAM
At the sole discretion of the Chief of Police, any member may be removed from the Leadership
Team if the Chief determines the removal is in the best interest of the Department. Examples of
circumstances which might necessitate removal would include: repeated failure to attend
meetings, failure to make meaningful contributions, failure to complete assignments, recent
discipline issues, etc.
Date Issued: 06/22/16
33
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