HomeMy WebLinkAboutRES 052620-N - Agreement Fire FightersRESOLUTION NO. o5Z&
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, RATIFYING A MEET AND CONFER
AGREEMENT WITH THE GEORGETOWN PROFESSIONAL
ASSOCIATION OF FIRE FIGHTERS PURSUANT TO SECTION
142.114 OF THE TEXAS LOCAL GOVERNMENT CODE.
WHEREAS, the City of Georgetown recognizes and respects the invaluable public safety service
that the employees of the Fire Department provide for the citizens of Georgetown.
WHEREAS, an open dialogue regarding Fire 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 Georgetown Professional Association of Fire Fighters
have revised the 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 Revised Agreement with the
Georgetown Professional Association of Fire Fighters pursuant to Section 142.114 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 May 26, 2020
PASSED AND APPROVED on the Z64day of Mn, A4 2020.
Al ST: CITY OF GEORGETOWN, TEXAS
Robyn De mare, City Secretary Dale ss, Mayor
APPRO D S O FO
Charlie McNabb, City Attorney
Resolution No.
Meet and Confer
Date Approved
Meet and Confer Agreement Between
The City of Georgetown
and
Georgetown Association of Professional Fire
Fighters, IAFF Local 3991
October 1, 2019 through September 30, 2022
Revised: May 18, 2020
TABLE OF CONTENTS
Contents
DEFINITIONS.................................................................................................................................................. 3
ARTICLE1......................................................................................................................................................4
RECOGNITION...............................................................................................................................................
4
ARTICLE2......................................................................................................................................................
5
HIRINGPROCESS...........................................................................................................................................
5
ARTICLE3............................................................................................................................................I.........7
RANKSTRUCTURE......................................................_.............................................................................
7
ARTICLE4......................................................................................................................................................
8
EDUCATIONAL REQUIREMENTS....................................................................................................................
8
ARTICLE5......................................................................................................................................................
9
PROMOTIONS................................................................................................................................................
9
ARTICLE6....................................................................................................................................................
16
FIRE & LIFE SAFETY DIVISION - PROMOTIONS............................................................................................16
ARTICLE7................................................................................................................................................_.
22
APPOINTEDPOSITIONS...............................................................................................................................22
ARTICLE8....................................................................................................................................................
25
COMPENSATION.........................................................................................................................................
25
ARTICLE9....................................................................................................................................................
28
OVERTIME CALCULATION...........................................................................................................................
28
ARTICLE10..................................................................................................................................................29
AMBULANCE ASSIGNMENT PAY.................................................................................................................
29
ARTICLE11..................................................................................................................................................30
STANDBYPAY..............................................................................................................................................30
ARTICLE12...........................•......................................................................................................................31
REPRESENTATION ON BENEFITS COMMITTEE............................................................................................31
ARTICLE13..................................................................................................................................................32
LABOR/MANAGEMENT RELATIONS.........................................................................................................
32
ARTICLE14..................................................................................................................................................33
BULLETINBOARDS......................................................................................................................................33
1
ARTICLE15..................................................................................................................................................34
CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE............................................................
34
ARTICLE16................................................ ...................... ............................................................................
38
MANAGEMENT RIGHTS AND MAINTENANCE OF STANDARDS...................................................................
38
ARTICLE17
..................................................................................................................................................40
TERMOF AGREEMENT.................................................................................................................................
40
ARTICLE18..................................................................................................................................................41
SAVINGS CLAUSE, PREEMPTION PROVISION...................................................................... :.:.....................
41
ANDCOMPLETE AGREEMENT CLAUSE.......................................................................................................41
SIGNATURE& EXECUTION PAGE.................................................................................................................42
APPENDIXA...............................................................................................................................................43
OCTOBER2019 PAY PLAN...........................................................................................................................43
APPENDIXB.................................................................................................................................................44
PANELOF ARBITRATORS.............................................................................................................................44
2
DEFINITIONS
1. "Agreement" means the Meet and Confer Agreement entered between the Georgetown
Association of Professional Fire Fighters and the City of Georgetown.
2. "Association" means the Georgetown Association of Professional Fire Fighters, Local
3991, its elected leaders and its collective membership.
3. "City" means the City of Georgetown, its mayor, city council members, city manager, fire
chief and those persons designated by the City of Georgetown to manage the city and its
fire department.
4. "Commission" means the City of Georgetown Firefighters' and Police Officers' Civil
Service Commission.
The term "Department" means the Georgetown Fire Department.
6. The term "Department head" means the Chief of the Georgetown Fire Department,
designee, or an acting Chief of the Georgetown Fire Department.
7. The term "Fire Fighter" means a member of the Georgetown Fire 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.
8. "Parties" means the City of Georgetown and the Georgetown Association of Professional
Fire Fighters, Local 3991.
9. "Good standing" is defined as an employee who is not under investigation, has received
a positive mid -year evaluation, has received a "meets" or "exceeds" review on the most
recent annual evaluation and has not received a written reprimand within the last six
months and/or a suspension or demotion within the last 18-months from the time of
appointment.
10. "Probationary Good Standing" is defined as an employee who is not under investigation,
has received a positive evaluation, has received a "meets" or "exceeds" review on the
most recent annual evaluation and has not received a written reprimand within the last
six months and/or a suspension during the probationary process(es).
ARTICLE 1
RECOGNITION
The CITY OF GEORGETOWN recognizes the GEORGETOWN ASSOCIATION OF
PROFESSIONAL FIRE FIGHTERS, IAFF LOCAL NO. 3991, as the sole and exclusive
bargaining agent for the covered Fire Fighters described in the petition for recognition, excluding
the head of the Fire Department and Assistant Fire Chiefs.
4
ARTICLE 2
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 143.025 and 143.026 of the hiring process. The Parties agree that
the City retains responsibility for the hiring process and any liability for the hiring process.
Section 2. Eligibility for Beginning Position
A person may not be certified as eligible for a beginning position in the Department if the person
is forty five (45) years of age or older at time of hire.
All Firefighter candidates that begin employment with the City of Georgetown after August 1,
2020, shall be required to obtain DSHS EMT-P certification within 30 months of hire date.
Section 3. Probationary Period
Effective for employees who begin employment following the first full pay period following the
adoption of the revised Meet and Confer agreement the probation period shall be as follows:
A. The probationary period shall begin from the time that the applicant begins the fire
academy and the duration shall be determined by the Texas Commission on Fire
Protection (TCFP) and Department of State Health Services (DSHS) certification
attainment as follows:
1. Candidates hired with a TCFP Firefighter certification AND DSHS EMT-P
certification shall be required to complete a 12-month probationary period.
2. Candidates hired with a TCFP Firefighter certification AND DSHS EMT-13
certification shall be required to complete a 18-month probationary period.
3. Candidates hired without TCFP Firefighter certification and/or DSHS EMT-13
certification, or other combination, shall be required to complete a 24-month
probationary period.
4. All Firefighter candidates that begin employment with the City of Georgetown after
August 1, 2020, shall be required to obtain DSHS EMT-P certification within 30-
months of hire date. If the candidate has not obtained DSHS EMT-P certification by
the conclusion of the initial probationary period, the Fire Chief may extend probation,
for a period not to exceed the 30 month window. If the candidate obtains EMT-P
certification while on the extended probation and remains in probationary good
standing, the probation will be deemed concluded. Failure to obtain EMT-P
certification within the aforementioned time -frame shall be grounds for termination
for failing to meet the minimum requirements of the Firefighter rank position. For the
avoidance of any doubt, the initial probationary period may only be extended by the
Fire Chief if a candidate has not obtained DSHS EMT-P certification, and not for any
other reason.
Section 4. 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 Chief, 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 six (6) months from the date of creation,
notwithstanding the expiration of this Agreement, unless exhausted prior to the expiration of six
(6) months or unless the duration of the list is set for twelve (12) months.
Section 5. Statutory Override
This Article supplants sections 143.023(b), 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.
is
ARTICLE 3
RANKSTRUCTURE
Section 1. Intent
In adopting this article, the parties agree to implement the following rank structure.
Section 2. Rank Structure
At the convenience of the City, the following rank structure shall be authorized for partial or full
implementation and be filled in accordance with the approved hiring, promotional (per articles 5
and 6), appointment (per article 7), or assignment process.
A. Operations & Support Division
Firefighter
Paramedic II (Promoted)
Fire Driver (Promoted)
Lieutenant (Promoted)
Note: parties agree that the Lieutenant position may be phased out over an unspecified
period of time and incumbents, within the Lieutenant Rank, must successfully pass a
written examination to promote to the Captain rank.
Captain (Promoted)
Battalion Chief (Promoted)
Division Chief (Appointed)
Assistant Chief (Appointed)
B. Fire & Life Safety Division
Fire Prevention Specialist (Promoted)
Deputy Fire Marshal (Promoted)
Fire Marshal (Appointed)
Section 3. Statutory Override
This Article supplants section 143.021 of the Texas Local Government Code. 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.
7
ARTICLE 4
EDUCATIONAL REQUIREMENTS
Section 1. Intent
In adopting this Article, the Parties agree that formal education is an important element in
advancing the professionalism and capabilities of the Department and its members. This Article
aspires to meet the NFPA 1021 recommendations as set forth within the 2014 Edition of the
National Fire Protection Association (NFPA).
Section 2. Phase -In Period
The education requirement(s) shall be phased -in beginning October 1, 2019 with the intent of
attaining the following effective dates:
(a) Fire Officer I — At least 30 credit hours of college level course work from an accredited
institution of higher learning shall be required for all Fire Driver and/or Paramedic II
positions operating in a higher class capacity beginning September 30, 2022.
(b) Fire Officer 11— An associate's degree or an equivalent number of credit hours (60 credit
hours) toward a baccalaureate degree from accredited institution of higher learning shall
be required for all new Company Officer's (Lieutenants and/or Captains) promoted after
September 30, 2022.
(c) Fire Officer III — A bachelor's degree from an accredited institution of higher learning
shall be required for all new Battalion Chiefs promoted after September 30, 2025.
(d) Fire Officer IV —A graduate degree from an accredited institution of higher learning is
encouraged for Assistant Chiefs appointed after September 30, 2025.
Section 3. City Provided Education
The Department agrees to provide basic college level courses in reading, writing, and math
coursework to assist members in beginning their college level education. Courses will be limited
to a maximum of 3-credit hours in each of the aforementioned subjects and offered through a
City approved institution of higher learning. This offering will begin no later than October 1,
2020 and may be done in conjunction within a monthly training program or other method(s)
approved by the City. The educational requirements in this article will revert to statutory Civil
Service language if the City fails to offer the courses and timing outlined herein.
Section 4. Statutory Override
This Article supplants section 143.030 of the Texas Local Government Code. 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.
ARTICLE 5
PROMOTIONS
Section 1. Intent
In adopting this Article, the Parties agree to implement a promotional system using an Assessment
Center component in addition to the written examination. The Parties believe adding an
Assessment Center component to the selection process will improve the selection process and will
provide promotional candidates a fair opportunity to display skills and abilities that serve as
additional good indicators that they will perform well in the position of Paramedic II, Fire Driver,
Lieutenant, or Battalion Chief. Additionally, the Parties agree that formal education is an important
element in advancing the professionalism and capabilities of the department and its members. This
article aspires to meet the NFPA 1021 recommendations as set forth within the 2014 Edition of
the NFPA.
Section 2. Time in Rank and Minimum Promotional Qualifications
Completion of Task Books will be required for all promotional exams conducted after October 1,
2020.
Paramedic certification shall be considered a minimum requirement for all promoted positions for
candidates hired after October 1, 2020.
The Parties agree that the following minimum qualifications apply for each rank in order to
participate in the promotional examination process:
(a) Paramedic II: Completion of a minimum of two (2) years at firefighter rank; in good
standing; completion of Firefighter Task Book AND completion of
Driver/Operator Task Book
(b) Fire Driver: Completion of a minimum of two (2) years at basic firefighter rank; in
good standing; completion of Firefighter Task Book AND completion of
Driver/Operator Task Book
(c) Lieutenant: Completion of a minimum of two (2) years at Fire Driver rank; in good
standing; and completion of the Basic Fire Officer Task Book, OR Completion of
a minimum of one (1) year as a Paramedic II and one (1) year as a Fire Driver and
completion of the Basic Fire Officer I Task Book.
NOTE: all parties agree that effective September 30, 2022 an associate's degree or
an equivalent number of hours toward a bachelor's degree from accredited
institution of higher learning will be required for all new Lieutenant and/or Captain
positions. The associate's degree and/or equivalent number of hours must be
obtained prior to the promotional written exam for the position.
L
(d) Captain: Completion of a minimum of one (1) year as Lieutenant rank; in good
standing; and completion of the Fire Officer II Task Book.
NOTE: all parties agree that effective September 30, 2022 an associate's degree or
an equivalent number of hours toward a bachelor's degree from accredited
institution of higher learning will be required for all new Lieutenant and Captain
positions. The associate's degree and/or equivalent number of hours must be
obtained prior to the promotional written exam for the position.
(e) Battalion Chief. completion of a minimum of two (2) years as a Captain OR three
(3) years combined experience at the Captain and Lieutenant rank; in good
standing; and may have to complete the Fire Officer III Task Book.
NOTE: all parties agree that effective September 30, 2025 a bachelor's degree will
be intended for all new Battalion Chief positions. The bachelor's degree must be
obtained from an accredited educational institution and obtained prior to the
promotional written exam for the position.
Section 3. Promotional Examination Procedure
(a) The promotional examination procedure for the positions of Captain will consist
of.
1. a written examination, as defined in this Article, consisting of one -hundred
(100) multiple choice questions
(b) The promotional examination procedure for the positions of Paramedic II, Fire
Driver, Lieutenant, or Battalion Chief will consist of two parts:
a written examination, as defined in this Article, consisting of one -hundred
(100) multiple choice questions; and, upon passing the written examination
part of the promotional examination procedure
2. participation in all components of an Assessment Center.
(c) The minimum passing score on the written examination is Seventy percent (70%).
(d) If applicable, the minimum passing score on the Assessment Center is Seventy
percent (70%).
(e) The Commission shall adopt rules governing the promotional examination
procedure and promotional eligibility lists in accordance with this Article for the
promotional positions of Paramedic II, Fire Driver, Lieutenant, Captain, and
Battalion Chief. Further, the Commission may adopt rules to provide for the
efficient administration of a promotional examination for eligible promotional
candidates who are members of the armed forces serving on active military duty
which may include using only the written' examination score for each such
candidate for one hundred percent (100%) of all such promotional candidates' final
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scores. If a written examination is offered to an active duty military candidate, and
that candidate receives a minimum passing score, the remaining candidates shall
only be required to take the written examination portion of that promotional process
and Section 3(b) 2 shall not apply to the examination. If the active duty military
candidate does not receive a minimum passing score, Section 3(b) 2 (Assessment
Center) shall still apply.
(f) The third -party assessors selected to provide the Assessment Center shall meet the
following criteria:
Assessors shall be active duty firefighter(s) of similar rank to the promotion,
or above, from cities with a service population of 80,000 or greater;
2. Assessors shall not reside in the City; and
3. Shall not be a current or former employee of the City.
(g) An emergency exception to the Assessment Center criteria shall be allowed on a
case -by -case situation when mutually approved by the Civil Service Director and
Association president.
1. Due to the public health crisis, Covid-19, all parties agree to forego
administration of the assessment centers, for each promotional process,
until safe and practical assessment can be conducted. The Department Head,
Civil Service Director and Association President will agree to conditions
that allow for safe to administration of an assessment center. If all parties
can't agree, the Civil Service Director will make the final decision.
(h) A City employee holding the rank or higher of the promotional position will be
present during the Assessment Center to act as a subject matter expert (SME). This
individual's interaction will be with the third -party provider of the Assessment
Center, and interaction with the assessor panel will be kept to a minimum to
preserve the integrity of the assessment. The SME will be mutually agreed upon
by the Department head and the Association president.
Section 4. Written Examination
The term "written examination" in this Article means the written examination provided for under
Chapter 143 of the Texas Local Government Code and does not mean any written part of the
Assessment Center. Upon passing the written examination part of the promotional examination
procedure, the promotional candidate shall proceed to the Assessment Center. Sixty percent (60%)
of a promotional candidate's preliminary score will be based on the written examination grade,
with the exception of Fire Driver which will be fifty percent (50%).
Section 5. Assessment Center
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(a) Forty percent (40%) of a promotional candidate's preliminary score will be based
on the Assessment Center score with the exception of the Fire Driver which will be
fifty percent (50%) of a promotional candidate's preliminary score.
(b) The Assessment Center shall include the following components for each rank.
a. Paramedic II
i. Driving Skills
ii. Tactical Simulation
iii. Documentation
iv. Communication
b. Fire Driver
i. Driving Skills
ii. Tactical Simulation
iii. Documentation
iv. Communication
C. Lieutenant
i. Research Project
ii. Role Play
iii. Tactical Simulation
iv. In -Basket
d. Battalion Chief
i.
Research Project
ii.
Role Play
iii.
Tactical Simulation
iv.
In -Basket
V.
Budget/Finance
vi.
Interview Panel
(e) Should any of the listed components be either unavailable or not recommended by the
selected Assessment Center provider, a suitable alternate will be approved by the
Department Head and Civil Service Director and communicated, in writing, to participants
prior to the Assessment Center.
1. Due to the public health crisis, Covid-19, all parties agree to forego
administration of the assessment centers, for each promotional process, until
safe and practical assessment can be conducted. As Covid-19 is an unplanned
event, it is agreed that the ninety (90) day notice does not apply. The
Department Head, Civil Service Director and Association President will agree
to conditions that allow for safe to administration of an assessment center. If
all parties can't agree, the Civil Service Director will make the final decision.
Section 6. Procedure for Making Promotional Appointments
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(a) The preliminary score for each candidate who has passed the written examination
and proceeded through the Assessment Center shall be computed by taking the
candidate's written examination grade and multiply the grade by .60 to account for
sixty percent (60%) of the candidate's preliminary score; and adding the candidate's
Assessment Center score and multiply that score by .40 to account for forty percent
(40%) of the preliminary score (see below). The same approach shall be used for
Fire Driver using fifty percent (50%) weighting for both written examination and
Assessment Center. The promotional candidate's overall score to be placed on the
eligibility list shall be computed by adding the applicant's point(s) for seniority to
the applicant's preliminary score. One seniority point shall be awarded for each full
year of a candidate's time in his/her current rank classification; there shall be a
maximum often (10) seniority points added to the candidate's preliminary score. A
member shall receive credit for all years served in the Fire Driver and Paramedic I1
rank, up to a maximum of 10-points.
Passing Grade on Written Examination x 60% for all promotional processes
EXCEPT for Fire Driver which is established at 50%
Assessment Center score x 40% for all promotional processes EXCEPT for Fire
Driver which is established at 50%
[preliminary score] + applicable seniority points for time in rank = overall score
(b) After the calculation of all the overall scores, an eligibility list will be created and
maintained pursuant to Section 7 below. The Department head shall conduct an
interview or interviews of promotional candidate(s) to fill promotional vacancies.
The Department head possesses the discretion regarding the number of candidates
to interview based upon the number of vacancies at that time. The Department head
shall appoint the eligible promotional candidate having the highest overall score on
the eligibility list unless the Department head has a valid reason for not appointing
the person as provided for under Section 143.036(f) and (g) of the Texas Local
Government Code. If the Department head has a valid reason for not appointing
the eligible promotional candidate having the highest overall score, the Department
head shall personally discuss the reason with the person being bypassed before
appointing another person. The Department head shall also file the reason in
writing with the commission and shall provide the person with a copy of the written
notice.
Section 7. Effect of an Eligibility List Created Under this Article
A promotional eligibility list in existence at the time of the adoption of this Article shall continue
in effect until its expiration in accordance with section 143.036(h) of the Texas Local Government
Code. Any promotional eligibility list created under this Article will take effect upon the expiration
of any existing applicable list and will remain in existence for one (1) year after the date on which
13
the Assessment Center is completed and eligibility list created, unless the eligibility list is sooner
exhausted. At the expiration of the eligibility list a new examination may be held.
Section 8. Appeal
(a) Written Examination
A promotional candidate may appeal the multiple choice written examination under
section 143.034 of the Texas Local Government Code. The invalidation of any
question or any component of the written examination shall not invalidate the
remainder of the written examination.
(b) Assessment Center
(1) A promotional candidate may not appeal, or dispute the Assessment Center
or scoring of the Assessment Center to an administrative or judicial body
except as provided below.
(2) Fire Driver promotional candidate who attended the pre -assessment center
training and overview offered to all candidates may appeal any of the
required Assessment Center components stipulated in Section 5(b)(b) of
this article. The candidate must notify the SME of the appeal immediately
after completion of the component and prior to the assessors grading and
documenting the score. An appeal form will be provided to the candidate
seeking an appeal, All appeals shall be submitted in writing to the SME,
who will then discuss the appeal with the assessors and the representative
from the Assessment Center provider. Once this discussion is finished, the
SME will then make a ruling. Once the ruling is made the candidates score
will be tallied and any adjustments needing to be made will be corrected on
the score sheet and then the grade will be finalized.
(c) Passover
The appeal provisions of Texas Local Government Code 143.036 (f) and (g) apply
to a person having the highest overall score if they are not appointed by the
Department head.
Section 9. Illness Provision
Promotional Exam Procedure for Personnel with Critical Illness/Injury
Promotional Exam procedures for candidates with critical illness/injury under limited
circumstances will be accommodated in the form of an offsite written examination, within 72
hours of the posted examination date, for a candidate that meets all of the following criteria.
14
a) The candidate shall submit a letter to the Civil Service Director accompanied by a
doctor's note no later than 21 days before the scheduled written examination. The letter
and doctor's note need address the nature of the critical illness/injury as well as the
accommodations requested. A letter submitted with less than a 21 day notice must
indicate good reason (such as new diagnosis) in order to be given consideration described
in (c) and may be accommodated only when all elements of (c) can be satisfied within the
shorter timeframe.
b) The critical illness/injury must be for the treatment of a significant health condition such
as cancer, kidney disease, heart attack, major surgery, organ transplant, benign brain
tumor, severe burns, or a similar condition. It may also include quarantine/isolation for
an infectious disease.
c) The Civil Service Director will determine if the request meets the limited illness/injury
criteria and what accommodations are workable. The Civil Service Director will then
review the planned accommodations (or lack thereof) with the Department head and
Association President. If the Civil Service Director and Association President agree upon
the accommodations, those will then be communicated back to the candidate by the Civil
Service Director.
d) The accommodation will not impact the candidate's rights to appeal. They will retain the
same appeal rights, under the same requirement to appeal within five business days of
posted examination date as other testing candidates.
e) In the event that the employee or employees receiving accommodation per the illness
provision impacts the number of employees who are present for the written examination
to fall below the two required, the City will administer the examination to the one
individual.
Section 10. Statutory Override
This Article supplants sections 143.030, 143.032, 143.033, 143.034, and 143.036 of the Texas
Local Government Code. 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.
15
ARTICLE 6
FIRE & LIFE SAFETY DIVISION - PROMOTIONS
Section 1. Intent
In adopting this Article, the Parties agree to implement a promotional system using an Assessment
Center component in addition to the written examination. The Parties believe an Assessment
Center component to the selection process will improve the selection process and provides
promotional candidates a fair opportunity to display skills and abilities that serve as additional
good indicators that they will perform well in the position of Fire Prevention Specialist and Deputy
Fire Marshal.
Section 2. Implementation
(a) All parties agree that the first Fire & Life Safety (FLS) promotional process will
take place in FY20 and eligible candidates will be limited to members assigned to
the FLS Division. The City reserves the right to expand the candidate pool if there
is an insufficient number of qualified candidates to participate and fill the
authorized positions.
(b) Effective the start of the first full pay period following the adoption of the revised
Meet and Confer agreement, staff who are currently assigned in Fire & Life Safety
Division at the rank of FF and/or DE will be promoted into the rank of Fire Prevention
Specialist without a written examination and assessment center. Furthermore, staff
currently assigned in the Fire & Life Safety Division at the rank of Lieutenant will
be promoted to the rank of Deputy Fire Marshal without a written examination and
assessment center. All future promotions will require a written examination and
assessment center.
(c) Beginning FY21, FLS Promotions shall be open to all members of the
Department that meet the criteria contained within this article.
(d) Completion of Task Books will be required for all promotional exams conducted
after October 1, 2020.
Section 3. Time in Rank and Minimum Promotional Qualifications
Paramedic certification shall be considered a minimum requirement for all promoted positions for
candidates hired after October 1, 2020.
The parties agree that the following minimum qualifications are required to participate in the
promotional examination process:
(a) Fire Prevention Specialist: completion of a minimum of two (2) years at firefighter
rank; in good standing; completion of Firefighter Task Book AND completion of
Driver/Operator Task Book; TCFP Fire Inspector Certification or equivalent as
determined by TCFP, TCFP Fire Investigator Certification.
(b) Effective the start of the first full pay period following the adoption of the revised
Meet and Confer agreement, the minimum qualifications for the Deputy Fire
L"
Marshal is a minimum of one (1) year FLS/assignment; in good standing;
completion of Firefighter Task Book AND completion of Driver/Operator Task
Book; TCFP Fire Inspector I and II or equivalent as determined by TCFP, TCFP
Fire Investigator. Any future Deputy Fire Marshal promotions will require
minimum qualifications identified in (c).
(c) Deputy Fire Marshal: completion of a minimum of one (2) years at Fire Prevention
Specialist; in good standing; completion of Firefighter Task Book AND completion
of Driver/Operator Task Book; TCFP Fire Inspector I and II or equivalent as
determined by TCFP, TCFP Fire Investigator.
Section 4. Promotional Examination Procedure
(a) The promotional examination procedure for the positions of Fire Prevention
Specialist and Deputy Fire Marshal will consist of two parts:
1. a written examination, as defined in this Article, consisting of a minimum
of fifty (50) multiple choice questions; and, upon passing the written
examination part of the promotional examination procedure
2. An International Code Council (ICC) test(s) may be used for the written
examination if approved by the Department Head.
3. Participation in a Georgetown Proctored Assessment Center.
(b) The minimum passing score on the written examination is Seventy percent (70%).
(c) The minimum passing score on the Georgetown Proctored Assessment Center is
Seventy percent (70%).
(d) The Commission shall adopt rules governing the promotional examination
procedure and promotional eligibility lists in accordance with this Article for the
promotional positions of Fire Prevention Specialist and Deputy Fire Marshal.
Further, the Commission may adopt rules to provide for the efficient administration
of a promotional examination for eligible promotional candidates who are members
of the armed forces serving on active military duty which may include using only
the written examination score for each such candidate for one hundred percent
(100%) of all such promotional candidates' final scores. If a written examination is
offered to an active duty military candidate, and that candidate receives a minimum
passing score, the remaining candidates shall only be required to take the written
examination portion of that promotional process and Section 4(a) 2 shall not apply
to the examination. If the active duty military candidate does not receive a
minimum passing score, Section 4(a) 2 (Assessment Center) shall still apply.
(e) The City of Georgetown shall conduct the Assessment Center and shall choose
assessors that meet the following criteria:
1. Assessors shall be active members similar rank to the promotion, or above,
from cities with a service population of 60,000 or greater;
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2. Assessors shall not reside in the City; and
3. Shall not be a current or former employee of the City.
(f) An emergency exception to the Assessment Center criteria shall be allowed on a
case -by -case situation when mutually approved by the Civil Service Director and
Association president.
1. Due to the public health crisis, Covid-19, all parties agree to forego
administration of the assessment centers, for each promotional process, until
safe and practical assessment can be conducted. The Department Head, Civil
Service Director and Association President will agree to conditions that allow
for safe to administration of an assessment center. If all parties can't agree, the
Civil Service Director will make the final decision.
Section 5. Written Examination
The term "written examination" in this Article means the written examination provided for under
Chapter 143 of the Texas Local Government Code and does not mean any written part of the
Assessment Center. Upon passing the written examination part of the promotional examination
procedure, the promotional candidate shall proceed to the Assessment Center. Sixty percent (60%)
of a promotional candidate's preliminary score will be based on the written examination grade.
Section 6. Assessment Center
(a) Forty percent (40%) of a promotional candidate's preliminary score will be based
on an Assessment Center score.
(b) The Assessment Center shall include the following components for each rank.
1. Fire Prevention Specialist
a. Inspection
b. Written Code Complaint
C. Documentation
2. Deputy Fire Marshal
a. Inspection
b. Role Play
C. Plan Review
d. In -Basket
(c) Should any of the listed components be either unavailable or not recommended by
the selected Assessment Center provider, a suitable alternate will be approved by
the Department Head and Civil Service Director and communicated, in writing, to
participants prior to the Assessment Center.
1. Due to the public health crisis, Covid-19, all parties agree to forego
administration of the assessment centers, for each promotional process,
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until safe and practical assessment can be conducted. As Covid-19 is an
unplanned event, it is agreed that the ninety (90) day notice does not apply.
The Department Head, Civil Service Director and Association President
will agree to conditions that allow for safe to administration of an
assessment center. If all parties can't agree, the Civil Service Director will
make the final decision.
Section 7. Procedure for Making Promotional Appointments
(a) The preliminary score for each candidate who has passed the written examination
and proceeded through the Assessment Center shall be computed by taking the
candidate's written examination grade and multiply the grade by .60 to account for
sixty percent (60%) of the candidate's preliminary score; and adding the candidate's
Assessment Center score and multiply that score by .40 to account for forty percent
(40%) of the preliminary score (see below). The promotional candidate's overall
score to be placed on the eligibility list shall be computed by adding the applicant's
point for seniority to the applicant's preliminary score. Seniority points will be
based on the following:
a. For Fire Prevention Specialist: One seniority point shall be awarded for each full
year of a candidate's time in department; there shall be a maximum of ten (10)
seniority points added to the candidate's preliminary score.
b. For Deputy Fire Marshal: One seniority point shall be awarded for each full year
of a candidate's time in Fire and Life Safety division (assignment); there shall be
a maximum of ten (10) seniority points added to the candidate's preliminary score.
Passing Grade on Written Examination x 60%
Assessment Center score x40% for all promotional processes
[preliminary score] + applicable seniority points for time FPS department or DFM
assignment= overall score
The Department head shall conduct an interview or interviews of promotional
candidate(s) to fill promotional vacancies. The Department head possesses the
discretion regarding the number of candidates to interview based upon the number
of vacancies at that time. The Department head shall appoint the eligible
promotional candidate having the highest overall score on the eligibility list unless
the Department head has a valid reason for not appointing the person as provided
for under Section 143.036(t) and (g) of the Texas Local Government Code. If the
Department head has a valid reason for not appointing the eligible promotional
candidate having the highest overall score, the Department head shall personally
discuss the reason with the person being bypassed before appointing another
person. The Department head shall also file the reason in writing with the
commission and shall provide the person with a copy of the written notice.
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Section 8. Effect of an Eligibility List Created Under this Article
A promotional eligibility list in existence at the time of the adoption of this Article shall continue
in effect until its expiration in accordance with section 143.036(h) of the Texas Local Government
Code. Any promotional eligibility list created under this Article will take effect upon the expiration
of any existing applicable list and will remain in existence for one (1) year after the date on which
the Assessment Center is completed and eligibility list created, unless the eligibility list is sooner
exhausted. At the expiration of the eligibility list a new examination may be held.
Section 9. Appeal
(a) Written Examination
A promotional candidate may appeal the multiple choice written examination under
section 143.034 of the Texas Local Government Code. The invalidation of any
question or any component of the written examination shall not invalidate the
remainder of the written examination.
(b) Assessment Center
A promotional candidate may not appeal, or dispute the Assessment Center or
scoring of the Assessment Center to an administrative or judicial body.
(c) Passover
The appeal provisions of Texas Local Government Code 143.036 (f) and (g) apply
to a person having the highest overall score if they are not appointed by the
Department head.
Section 10. Illness Provision
Promotional Exam Procedure for Personnel with Critical Illness/Injury
Promotional Exam procedures for candidates with critical illness/injury under limited
circumstances will be accommodated in the form of an offsite written examination, within 72 hours
of the posted examination date, for a candidate that meets all of the following criteria.
a) The candidate shall submit a letter to the Civil Service Director accompanied by a
doctor's note no later than 21 days before the scheduled written examination. The letter
and doctor's note need address the nature of the critical illness/injury as well as the
accommodations requested. A letter submitted with less than a 21 day notice must
indicate good reason (such as new diagnosis) in order to be given consideration described
in (c) and may be accommodated only when all elements of (c) can be satisfied within the
shorter timeframe.
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b) The critical illness/injury must be for the treatment of a significant health condition such
as cancer, kidney disease, heart attack, major surgery, organ transplant, benign brain
tumor, severe burns, or a similar condition. It may also include quarantine/isolation for
an infectious disease.
c) The Civil Service Director will determine if the request meets the limited illness/injury
criteria and what accommodations are workable. The Civil Service Director will then
review the planned accommodations (or lack thereof) with the Department head and
Association President. If the Civil Service Director and Association President agree upon
the accommodations, those will then be communicated back to the candidate by the Civil
Service Director.
d) The accommodation will not impact the candidate's rights to appeal. They will retain the
same appeal rights, under the same requirement to appeal within five business days of
posted examination date as other testing candidates.
e) In the event that the employee or employees receiving accommodation per the illness
provision impacts the number of employees who are present for the written examination
to fall below the two required, the City will administer the examination to the one
individual.
Section 11. Statutory Override
This Article supplants sections 143.030, 143.032, 143.033, 143.034, and 143.036 of the Texas
Local Government Code. 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 7
APPOINTED POSITIONS
Section 1. Intent
This article is intended to establish the manner by which appointed ranks, referenced in article 3,
are filled.
Section 2. Assistant Chief
Upon vacancy, up to two (2) Assistant Chief positions may be filled by an internal or external
candidate by appointment by the Department head pursuant to the process provided for in Section
143.014(e) of the Texas Local Government Code or proceed to an external appointment.
The following criteria applies to appointments for Assistant Chief:
(a) In the event that there are no qualified internal candidates, the Department head shall
have the right to appoint an Assistant Fire Chief from outside of the Department.
The selection criteria used for this external hire/appointment must include an
assessment process that is equivalent to or more comprehensive than the assessment
process used for the promotion of a member to the Battalion Chief rank.
(b) For the purposes of this Agreement "qualified internal candidate" shall be defined
as the member being in "Good Standing"; actively functioning in the rank of Captain
or higher for a minimum of four (4) years; demonstrated competencies to function
in the Battalion Chief rank as determined by the Chief, completion of the Battalion
Chief Task Book by the time of appointment; and must be willing to accept the
appointment and operate in the Operational and Administrative Support division.
"Good Standing" is defined as an employee who is not under investigation, has
received a positive mid -year evaluation, has received a "meets" or "exceeds" review
on the most recent annual evaluation and has not received a written reprimand
within the last six months and/or a suspension or demotion within the last 18-months
from the time of appointment.
Section 3. Division Chief
Upon vacancy, up to one (1) Division Chief position may be filled by an internal candidate by
appointment by the Department head pursuant to the criteria contained herein:
(a) The Department head shall only appoint a qualified internal candidate into the Division
Chief position.
(b) For the purposes of this agreement "qualified internal candidate" shall be defined as the
member being in "Good Standing"; actively functioning in the rank of Battalion Chief
for a minimum of two (2) years; demonstrated competencies to function in the Battalion
Chief rank as determined by the Chief, completion of the Battalion Chief Task Book
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by the time of appointment; and must be willing to accept the appointment and operate
in the Operational and Administrative Support division. "Good Standing" is
defined as an employee who is not under investigation, received a positive mid -year
evaluation, has received a "meets" or "exceeds" review on the most recent annual
evaluation and has not received a written reprimand within the last six months and/or
a suspension or demotion within the last 18-months from the time of appointment.
Section 3. Fire Marshal
Upon vacancy, up to one (1) Fire Marshal position may be filled by an internal or external
candidate by appointment by the Department Head pursuant to the criteria contained herein:
(a) In the event that there are no qualified internal candidates, the Department head shall
have the right to appoint a Fire Marshal from outside of the Department. The selection
criteria used for this external hire/appointment must include an assessment process
that is equivalent to or more comprehensive than the assessment process used for the
promotion of a member to the Battalion Chief rank.
(b) For the purposes of this agreement "qualified internal candidate" shall be defined as the
member being in "Good Standing"; actively functioning in the rank of Lieutenant, or
higher, for a minimum of four (4) years; demonstrated competencies to function in the
Fire Marshal position as determined by the Chief; completion of the Fire Marshal Chief
Book by the time of appointment; and must be willing to accept the appointment and
operate in the Fire & Life Safety Division. "Good Standing" is defined as an
employee who is not under investigation, has received a positive mid -year evaluation,
has received a "meets" or "exceeds" review on the most recent annual evaluation and
has not received a written reprimand within the last six months and/or a suspension
or demotion within the last 18-months from the time of appointment.
Section 4. Removal from Appointment Positions
(a) A person who is removed from an Assistant Chief and/or Division Chief Position
appointment shall be reinstated in the Department and placed in the same
classification, or its equivalent, to the rank of Battalion Chief and shall retain
protection under the Civil Service regulations.
(b) A person who is removed from the Fire Marshal appointment shall be reinstated in the
Department and placed in the rank that immediately preceded their appointment
and shall retain protection under the Civil Service regulations.
Section 5. Statutory Override
This Article supplants sections 143.014, 143.021, 143.028, 143.030, 143.032, 143.033, and
143.036 of the Texas Local Government Code. This Article further preempts, to the extent of any
conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or
23
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 8
COMPENSATION
Section 1. Base Pay Philosophy
The City recognizes that the recruitment and retention of highly capable and professional Fire
Fighters is essential to the success of the Georgetown Fire Department. As such, it is the desire of
the City to maintain a pay philosophy that considers the average pay for Fire Fighters 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, New Braunfels, Travis County ESD 2, Lewisville, Sugar Land, and Round
Rock 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 and in the manner described in section 3, 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 Paramedic II, Fire Prevention Specialist, Deputy Fire Marshal, and all
appointed ranks will be at the discretion of the Department head and Civil Service Director.
However, the positions will be tied to existing benchmarked positions that correlate to the
salary survey comparison and will reflect pay adjustments accordingly. Compensation for
the ranks of Fire Fighter, Fire Driver, Fire Lieutenant, Fire Captain, and Fire Battalion
Chief shall be proposed based on the following calculations.
b) Fiscal Year 19/20 - During the first year of the 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 consists of updating the market competitive rates for each rank
and step. Employees will retain their current rank an step.
Phase two — step - will consist of step increases upon the employees previously established
step date.
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The pay plan recommended for implementation in October of 2019 continues to reflect the
methodology agreed to by the City and the Association, specifically:
• To allow overlap between ranks;
• To allow individuals to stay in the step they are in upon adoption of new pay structure;
• To increase pay acceleration at early steps within the Fire Fighter 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.
• When a promotion results in a loss of assignment pay, the assignment pay will be
included in the base salary for calculating the five percent (5%) increase.
• When a rank of Lieutenant or above promotes to Fire and Life Safety, the step will be
determined as follows:
a. Lateral promotion will result in one (1) step increase, not to exceed highest step
available
b. Demotion, will result in decrease to step nearest to, but less than, current pay,
not to exceed highest step available.
(c) 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 seven (7) comparator organizations as specified in this Agreement. The
recommendation will propose that the minimum base pay for each rank above Firefighter will
receive an increase (should an increase be required) to match the survey average for base pay
minimums. The rank of Firefighter recommendation will continue to be based on the combined
average base pay minimum plus any paramedic assignment and/or certification pay.
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 Labor/Management Pay Subcommittee
discussions.
Section 4. Override
This Article supplants 143.041(b) and 143.038 of the Texas Local Government Code.
Section 5. Funding Obligations
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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 9
OVERTIME CALCULATION
Section 1. Overtime Calculation
Per federal law and existing City policy, non -productive time taken by the employee is not
considered time worked for the purposes of calculating overtime. In acknowledgement of the
unique work and staffing requirements of Fire Fighters, the parties agree that, starting on October
28, 2019, this article will supersede City policy for all Fire Fighters assigned to a 56 hour
workweek engaged in fire suppression activities. Thereafter, approved paid vacation and holiday
leave time taken by said Fire Fighters shall be calculated as hours worked.
Section 2. Statutory Override
This Article 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.
28
ARTICLE 10
ASSIGNMENT PAY
Section 1. Assignment Pay
The parties agree that certain specialized roles performed by Fire Fighters and assigned by the
department head should receive assignment pay.
Section 2. Guidelines
As such, the following Assignment Pay plan, reflecting incentive amounts, shall become
effective October 28, 2019 and reflected on the November 15, 2019 paycheck.
Eligible Assignments:
(a) Ambulance Assignment Pay $25 PER 24 HOUR SHIFT ASSIGNED
1. Ambulance Assignment Pay is only available to employees at the rank of Fire
Fighter assigned to work a 24 hour shift assigned to an ambulance/TRV. If a shift
is split between multiple employees, the full assignment pay will be granted to the
employee who works the largest portion of that shift. If a shift is evenly split, the
full assignment pay will be granted to the employee working the first portion of
the shift. All assignments are at the discretion of the department head.
2. In the event that a 12 hour peak ambulance is deployed during the term of this
agreement, the department head is authorized to create procedures to adapt
ambulance assignment pay to incent assigned employees.
3. New employees assigned to an ambulance as part of their training are not eligible
for Ambulance Assignment Pay.
(b) Paramedic Credential Pay $450 PER MONTH
1. Paramedic Credential Pay is only available to employees at the ranks of Fire
Fighter, Paramedic II, and Fire Driver.
2. Employees receiving Paramedic Credential Pay are ineligible to receive
paramedic certification pay or assignment pay.
3. Determination of eligibility for Paramedic Credential Pay is made by 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.
ARTICLE 11
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 Fire Fighters 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.
30
ARTICLE 12
REPRESENTATION ON BENEFITS COMMITTEE
The Association may appoint one (1) member to the City's Benefit 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 13
LABOR/MANAGEMENT RELATIONS
Each Party shall designate three (3) representatives to serve on a joint Labor/Management
Committee ("Committee"). This Committee shall meet quarterly at agreeable times and places to
discuss matters of mutual concern. Such discussion shall be for the purpose of encouraging
productive relations between the parties and the improvement of the emergency services to the
community. The City Manager and Association President will each attend a minimum of two
meetings per year. The meeting will include discussion of pressing issues, such as staffing levels,
for the Association and the City. Furthermore, the intent is to establish a list of topics/issues that
may be discussed within the next formal meet and confer process. 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 Article 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 14
BULLETIN BOARDS
Section 1. Bulletin Board Space
The Association shall be permitted to maintain, at each firehouse and 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 15
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 Firefighter 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 Firefighter or group of Firefighters 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 Firefighter shall proceed along the following steps:
Step 1. An aggrieved Firefighter must initiate a dispute with the Association Executive Board
within fifteen (15) business days of the date upon which the Firefighter 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
34
Association 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 to arbitration, but that either party shall
35
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 shall 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 B 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
communications with the arbitrator concerning any matter involved in the dispute submitted to the
36
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.
37
ARTICLE 16
MANAGEMENT RIGHTS AND MAINTENANCE OF STANDARDS
MANAGEMENT RIGHTS
Section 1.
The Parties understand and agree that the City as a duly constituted home rule municipality under
the Constitution and Laws of the State of Texas, hereby retains all those powers, privileges, rights,
and authority conferred upon it by law, and nothing in this Agreement shall be construed or
interpreted as being in derogation of, or delegation of, those powers, privileges, rights, and
authority, other than as required under Chapter 143 of the Texas Local Government Code.
Section 2.
The powers, privileges, authority, and responsibilities retained by the City includes, but are not
necessarily limited to, the following subject matter areas, except as otherwise specifically
identified by law and the terms of this Agreement:
a) General management and administrative control and authority over the Fire
Department, including its properties, facilities, and equipment, operations, and
staffing;
b) Determination of the Fire Department's overall budget from year to year;
c) Determination of which Fire Department programs, functions, and operations to
implement;
d) Determination over the Fire Department's organizational structure, subject to any
duly adopted rank and classification structure fixed by ordinance;
e) Continued authority over the implementation, maintenance, and updating to any
and all written Standard Operating Procedures, Fire Department and City Policies
created, adopted, or amended under the authority of the Department head, the City
Manager, or the City Council.
f) Scheduling of vacation leave, compensatory time leave, and any other paid time
off, whether paid or unpaid;
g) Discretionary assignment and authorization to control allowance of overtime work,
except as otherwise provided in this Labor Agreement;
h) Scheduling operations, assignment of shifts, and determination of appropriate
staffing needs and requirements;
38
i) Control of performance, production and service standards within the Fire
Department.
B. MAINTENANCE OF STANDARDS
Section 1.
All fiscal benefits, privileges, and working conditions existing in the Fire Department on the
effective date of this Agreement, but which are not explicitly addressed in this Agreement, shall
remain unchanged for the duration of this Agreement, so long as the maintenance of those benefits,
privileges, and working conditions do not interfere with the operations of the Department.
Section 2.
The Parties expressly understand and agree that any modification or changes to existing practices
and operations shall be consistent with the spirit and intent of this Article, that any such
modifications or changes, if any, must be reasonably related to a legitimate administrative or
operational needs of the Department and the City and must not conflict with any state law, federal
law, governmental regulation, or any other provision of this Agreement.
Section 3.
This Section is intended to supplement the preceding Section on Management Rights, and shall
not be construed as being in derogation, or further modification of, the management prerogatives
and rights addressed in the section on Management Rights or those rights otherwise allowed by
Texas law.
39
ARTICLE 17
TERM OF AGREEMENT
This Agreement shall have an effective date of October 1, 2019, and shall remain in full force and
effect through September 30, 2022. This agreement may be extended by written mutual
agreement.
40
ARTICLE 18
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 142.117 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 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.
41
SIGNATURE & 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 CbtkA 2020)
By: .�---�
DA V I D MORGAN
CITY MANAGER
Ill
ROBYN DENSMORE
TY SEC TARY
By:
N SULLIVAN
FIRE CHIEF
By:
CHARLIE MCNABB
CITY ATTORNEY
Dated: s Zg Z V
Dated: 317-Z' D
Dated: SLs!6' �
Dated
THE GEORGETOWN ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF
LOCAL NO.3991
(Ratified by G PFF Membership on �~of Rkv , 2020)
By: Dated:
CQPY STOUT
PRESIDENT
GEORGETOWN ASSOCIATION OF
PR SSIONAL FIRE FIGHTERS
By:
L'-
ERIC'CAA-kERT
SECRETARY
GEORGETOWN ASSOCIATION OF
PROFESSIONAL FIRE FIGHTERS
42
Dated: vlot("C' LC)
APPENDIX A
OCTOBER 2019 PAY PLAN
Fimfiohler
S 50 803
S 52.835 $ 54.948
1 S 56.596
$ 58-2941
S 600431
S 61.844
1 S 63.699
S 65.810
$ 67 578
$ 69.605 1 S 70.997
S 72,417
S LoG
Fire Orivcv
7S7
S 8317 S 11435
196
7646
03.725
$ 85.818 S 87,963
S14.08
%
5995 $ 77515
$
726
9.05
S 840001
S 82250
S 83.904
88
5
872
1Lieutenam S 92.637
�EL
Caotain
S 57.937
1 S 09.696 $ 91 490
IS 93.320
$ 95.136
S 97.09015
99,0321
S 101.013
S 103.033
S 106.094
S 107.196 1
8salpl�en CTu�I
$ 98269
S 100233 S 102 238
S 1042831
$ 106.369
1 $ 108.4961
S 110.666
S 112.879
S 115.117
Marowl
43
APPENDIX B
PANEL OF ARBITRATORS
Norman Bennett
Donald Goodman
John Barnard
Mark Sherman
John Allman
Louis Berman Wolitz