the City of Austin Firefighters' and Police Officers' Civil Service Commission, Mark Washington, Arturo Acevedo, and the City of Austin v. William M. Stewart ( 2015 )

ACCEPTED
03-15-00591-CV
7769797
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/10/2015 3:15:09 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00591-CV
FILED IN
3rd COURT OF APPEALS
In the Third Court of Appeals AUSTIN, TEXAS
Austin, Texas 11/10/2015 3:15:09 PM
JEFFREY D. KYLE
Clerk
THE CITY OF AUSTIN FIREFIGHTERS AND POLICE OFFICERS’
CIVIL SERVICE COMMISSION, DIRECTOR MARK WASHINGTON, CHIEF
ARTURO ACEVEDO AND THE CITY OF AUSTIN, TEXAS,
Defendants – Appellants
v.
WILLIAM M. STEWART, Plaintiff - Appellee
Appeal from Cause No. D-1-GN-13-003351
98th Judicial District Court of Travis County, Texas
BRIEF OF APPELLANT
Anne L. Morgan, Interim City Attorney
Meghan L. Riley, Chief, Litigation
Chris Edwards, Assistant City Attorney
State Bar No. 00789276
City of Austin-Law Department
P. O. Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-2419
Facsimile: (512) 974-1311
chris.edwards@austintexas.gov
COUNSEL FOR DEFENDANT - APPELLANT
IDENTITY OF PARTIES AND COUNSEL
Defendants - Appellants
The City of Austin Firefighters and Police Officers’ Civil Service Commission,
Director Mark Washington, Chief Arturo Acevedo & the City of Austin, Texas
Plaintiff - Appellee
William M. Stewart
Counsel for Defendant – Appellant
Chris Edwards
Assistant City Attorney
State Bar No. 00789276
City of Austin - Law Department
P.O. Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-2419
Facsimile: (512) 974-1311
chris.edwards@austintexas.gov
Counsel for Plaintiff - Appellee
Grant Goodwin
State Bar No. 00787567
400 W. 14th Street, Suite 100
Austin, Texas 78701
Telephone: (512) 495-9111
Facsimile: (512) 495-9301
grant.goodwin@cleat.org
ii
TABLE OF CONTENTS
IDENTITY OF PARTIES AND COUNSEL ........................................................ ii
TABLE OF CONTENTS ................................................................................. iii, iv
INDEX OF AUTHORITIES ............................................................................. v, vi
RECORD REFERENCES ......................................................................................1
STATEMENT OF THE CASE ...............................................................................1
ORAL ARGUMENT IS NOT REQUESTED .......................................................2
ISSUES PRESENTED .............................................................................................2
I. The district court erred when it denied the plea to the jurisdiction because
the court lacked subject matter jurisdiction based on lack of standing for
failure to exhaust administrative remedies. .....................................................2
II. The district court erred when it denied the plea to the jurisdiction because
governmental immunity is not waived under the Civil Service Act or Texas
Uniform Declaratory Judgments Act...............................................................3
III. The district court erred when it did not dismiss Chief of Police Art Acevedo
against whom all claims were abandoned. ......................................................3
STATEMENT OF FACTS ......................................................................................3
A. The facts are not in dispute. .............................................................................3
B. Officer Discipline is pursuant to the Meet and Confer Agreement and
Chapter 143 .....................................................................................................6
SUMMARY OF THE ARGUMENT .....................................................................8
ARGUMENT ............................................................................................................8
A. The Rules of Statutory Construction do not support Stewart’s interpretation
of Chapter 143 or the M&C Agreement. .........................................................9
iii
B. Stewart lacked standing and the district court lacked jurisdiction because
administrative remedies were not exhausted. ................................................10
1. The district court lacked jurisdiction over claims for
reinstatement, back pay and lost benefits. ................................11
2. The district court lacked jurisdiction to void the Agreed
Temporary Suspension. .............................................................13
C. The district court lacked jurisdiction over claims for which governmental
immunity is not waived. ................................................................................17
1. Immunity bars claims against the City for back pay and lost
benefits. .....................................................................................18
2. Immunity bars claims against Director Washington for acts
which are not ministerial. .........................................................19
D. The district court lacked jurisdiction because all claims against the Chief of
Police were abandoned ..................................................................................22
CONCLUSION AND PRAYER ...........................................................................23
CERTIFICATE OF SERVICE ............................................................................25
CERTIFICATE OF COMPLIANCE ..................................................................26
APPENDIX ............................................................................................................. 27
iv
INDEX OF AUTHORITIES
Cases
Beacon Nat’l Ins. v. Montemayor,
86 S.W.3d 260 (Tex.App.—Austin 2002, no pet.) ...............................................17
Brown v. Nero,
2015 WL 5666172 (Tex.App.—Austin 2015) ............................................... 12, 18
Cf. Summers v. Keebler Co.,
133 Fed. App’x. 249 (6th Cir. 2005) ....................................................................15
Chenault v. Phillips,
914 S.W.2d 140 (Tex. 1996). ........................................................................... 9, 16
City of El Paso v. Heinrich,
284 S.W.3d 366 (Tex. 2009) .......................................................................... 19, 20
Firefighters’ and Police Officers’ Civil Service Com’n of City of Houston v.
Ceazer, 725 S.W.2d 431 (Tex.App.—Houston [14th Dist.] 1987, writ ref’d
n.r.e.) .....................................................................................................................22
Galbraith Eng’g Consultants, Inc. v. Pochucha,
290 S.W.3d 863 (Tex. 2009) ...................................................................................9
Hamilton v. Mark Washington, et al.,
2014 WL 7458988 (Tex.App.—Austin 2014) . 9, 10, 11, 12, 13, 14, 17, 18, 19, 20
Howsam v. Dean Witter Reynolds, Inc.,
123 S. Ct. 588 (2002) .............................................................................................19
In re Crow-Billingsley Air Park, Ltd.,
98 S.W.3d 178 (Tex. 2003) ...................................................................................22
Marks v. St. Luke’s Episcopal Hosp.,
319 S.W.3d 658 (Tex. 2010) ............................................................................ 9, 10
Mata v. City of San Antonio,
2012 WL 1364594 (Tex.App.—San Antonio 2012) ............................... 10, 14, 15
v
Tex. Dep’t of Transp. v. Sefzik,
355 S.W.3d 618 (Tex. 2011) (per curiam) ............................................................18
Texas Parks & Wildlife Dep’t v. Sawyer Trust,
354 S.W.3d 384 (Tex. 2011) .................................................................................18
Wichita Falls State Hosp. v. Taylor,
106 S.W.3d 692 (Tex. 2003) .................................................................................17
Statutes
Tex.Civ.Prac.&Rem.Code §37.001, et. seq. ..........................................................2, 8
Tex.Gov’tCode §24.011 .................................................................................. 2, 8, 22
Tex.Gov’tCode §311.021 ...........................................................................................9
Tex.Loc.Gov’tCode §143.010 ............................................................................. 7, 16
Tex.Loc.Gov’tCode §143.015 ..................................................................... 11, 12, 17
Tex.Loc.Gov’tCode §143.015(a) ................................................................................8
Tex.Loc.Gov’tCode §143.015(b).............................................................................. 17
Tex. Loc.Gov’tCode §143.051-.057 ......................................................................... 11
Tex.Loc.Gov’tCode §143.052(b)................................................................................3
Tex.Loc.Gov’tCode §143.052(g)..................................................................... 4, 6, 21
Tex.Loc.Gov’tCode §143.053 ............................................................................. 3, 11
Tex.Loc.Gov’tCode §143.057 ....................................................................................7
Tex.Loc.Gov’tCode §143.057(a) ................................................................................7
Tex.Loc.Gov’tCode §143.306(a) ................................................................................6
Tex.Loc.Gov’tCode §143.307 ....................................................................................6
vi
No. 03-15-00591-CV
In the Third Court of Appeals
Austin, Texas
THE CITY OF AUSTIN FIREFIGHTERS AND POLICE OFFICERS’
CIVIL SERVICE COMMISSION, DIRECTOR MARK WASHINGTON, CHIEF
ARTURO ACEVEDO AND THE CITY OF AUSTIN, TEXAS,
Defendants – Appellants
v.
WILLIAM M. STEWART, Plaintiff - Appellee
Appeal from Cause No. D-1-GN-13-003351
98th Judicial District Court of Travis County, Texas
BRIEF OF APPELLANT
TO THE COURT OF APPEALS FOR THE THIRD DISTRICT:
RECORD REFERENCES
Clerk’s Record. Citations to the Clerk’s Record will be to “CR” with the
page number following, e.g., “CR 7.”
Appendix. References to materials included in the Appellant’s Appendix are
referred to as “AA” with the page number following, e.g., “AA 1.”
STATEMENT OF THE CASE
William Stewart sued in district court over his dismissal from the Austin
1
Police Department seeking declaratory relief under Chapter 37 of the Texas Civil
Practice and Remedies Code requesting reinstatement, back pay and lost benefits,
as well as mandamus under Texas Government Code §24.011 requesting a hearing
before a hearing examiner, pursuant to Chapter 143 of the Texas Local
Government Code. CR 22-28. The City of Austin, Mark Washington, Arturo
Acevedo, and the City of Austin Firefighters’ and Police Officers’ Civil Service
Commission (“Appellants”), filed a plea to the jurisdiction seeking dismissal
because failure to exhaust administrative remedies, and governmental immunity
deprived the district court of subject matter jurisdiction. CR 29-93.
At the conclusion of the August 2, 2015 hearing, the district court took the
plea to the jurisdiction under advisement. On September 1, 2015, the Honorable
Orlinda Naranjo denied the Plea to the Jurisdiction without specifying any
grounds. CR 102, AA1.
ORAL ARGUMENT IS NOT REQUESTED
Oral argument is not necessary because this Court has already decided the
central issues, that failure to exhaust administrative remedies, and governmental
immunity deprive a district court of subject matter jurisdiction.
ISSUES PRESENTED
I. The district court erred when it denied the plea to the jurisdiction
because the court lacked subject matter jurisdiction based on lack of
2
standing for failure to exhaust administrative remedies.
II. The district court erred when it denied the plea to the jurisdiction
because governmental immunity is not waived under the Civil Service
Act or Texas Uniform Declaratory Judgments Act.
III. The district court erred when it did not dismiss Chief of Police Art
Acevedo against whom all claims were abandoned.
STATEMENT OF FACTS
A. The facts are not in dispute.
On August 24, 2012, former police officer William Stewart’s (“Stewart”)
chain of command unanimously recommended his indefinite suspension from the
Austin Police Department (“APD”) to the Chief of Police for violation of civil
service rules set forth in Chapter 143 of the Texas Local Government Code. CR
47-48, AA2. “An indefinite suspension is equivalent to dismissal from the
department.” Tex.Loc.Gov’tCode, §143.052(b). CR 30, AA2. Only the Chief of
Police has authority to dismiss a police officer.
Stewart had the option to deny the charges and file an appeal of his
discipline with the Civil Service Commission (the “Commission”) under Chapter
143, but he chose not to. Id., §143.053. CR 30, AA2. Instead, represented by the
Austin Police Association (“APA”), the union which represents police officers, and
an attorney with the Combined Law Enforcement Associations of Texas
3
(“CLEAT”), which represents police officers and associations, Stewart chose to
waive his Chapter 143 appeal rights. Id., §143.052(g). CR 30, AA2. On
September 13, 2012, Stewart chose to voluntarily enter into a sixty-day Agreed
Temporary Suspension with Chief of Police Art Acevedo (“Chief Acevedo”). CR
50-53. The Agreement included the term and condition that the agreed suspension
was a “Last Chance Agreement.” CR 52-53. A one-year probationary period
began after Stewart completed his sixty-day suspension (the effective date of the
probationary period was November 12, 2012 through November 12, 2013). CR
50-53. By entering into this Agreement with Chief Acevedo, Stewart expressly
acknowledged that he was being suspended for violating the civil service rules
cited in the Agreed Temporary Suspension. CR 30. Stewart signed the Agreed
Temporary Suspension, including the additional terms and conditions therein,
acknowledging that if he committed the same or similar act for which he was
temporarily suspended during his one-year probation he would be indefinitely
suspended. CR 53. Specifically, Stewart agreed as follows:
TO WHOM IT MAY CONCERN:
I acknowledge receipt of the above and foregoing memorandum of
agreed temporary suspension and I understand that by entering into
this disciplinary agreement the Chief foregoes his right to indefinitely
suspend me for the conduct described above and that agreeing to the
suspension, I have no right to appeal this disciplinary action or the
additional terms and conditions cited herein, to the Civil Service
Commission, to the District Court, or to an Independent Third Party
Hearing Examiner. [emphasis added]
4
During his one-year probationary period, on July 30, 2013 Chief Acevedo
indefinitely suspended Stewart pursuant to the Agreed Temporary Suspension for
violating the Last Chance Agreement by committing the same or similar act for
which he was temporarily suspended. CR 55-61. Despite having agreed to the
Last Chance Agreement knowingly waiving appeal, on August 2, 2013, Stewart
filed a notice of appeal of his indefinite suspension with the Civil Service Director
to appeal to a hearing examiner complaining that he did not violate the terms of his
Last Chance Agreement because (1) the misconduct did not occur, or (2) it was not
the same or similar act of misconduct that led to his indefinite suspension, and (3)
the Last Chance Agreement was not signed by the Austin Police Association. CR
63-64.
On August 7th, Civil Service Director Mark Washington (“Director
Washington”) rejected Stewart’s appeal for failure to invoke the jurisdiction of the
Civil Service Commission (the “Commission”). CR 66-67. Specifically, Director
Washington wrote as follows:
In order for the Civil Service Commission or an Independent Third
Party Hearing Examiner to determine whether an appeal is subject to
arbitration, the jurisdiction of the Commission must be lawfully
invoked. Under the Authority of the Meet and Confer Agreement
Stewart entered into a Sixty-Day Agreed Suspension and expressly
waived his right to appeal this indefinite suspension to the
Commission, a Hearing Examiner, and to District Court.
Consequently, the Commission does not have jurisdiction to act upon
this appeal and no further steps will be taken to process this appeal.
5
B. Officer Discipline is pursuant to the Meet and Confer Agreement and
Chapter 143.
The City and the APA entered into a Meet and Confer Agreement (“M&C
Agreement”) recognizing the APA as the sole and exclusive bargaining agent for
police officers employed by the City pursuant to Chapter 143. Agreement Between
the City of Austin and the Austin Police Association, Article 3. CR 69-81, AA3.
The M&C Agreement endorses the Texas meet and confer statute, Municipal
Service for Firefighters and Police Officers (the “Civil Service Act”).
Tex.Loc.Gov’tCode, Chapter 143. CR 83-89, AA2. The M&C Agreement is
“binding on the public employer, the association, and the fire fighters or police
officers covered by the agreement.” Id., §143.306(a). CR 32, AA2.
Under the M&C Agreement, Article 18 Disciplinary Actions, Demotions
and Appeals, controls discipline of police officers. CR 70-77. In the event of a
conflict between the statute and the M&C Agreement, pursuant to statute the M&C
Agreement preempts and supersedes Chapter 143. Art 18., Sec. 17; Id., §143.307.
CR 32, AA2-3. Article 18, Section 3, Mutually Agreed Temporary Suspensions of
Sixteen (16) to Ninety (90) Days, mirrors the language of Chapter 143. CR 86,
AA2.
§143.052(g). If offered by the department head, the fire fighter or
police officer may agree in writing to voluntarily accept, with no right
of appeal, a suspension of 16 to 90 calendar days for violation of a
civil service rule.
6
Article 18, Section 7, Last Chance Agreement, is a contractual provision
mutually agreed upon by the City and the APA that expressly authorizes Chief
Acevedo to offer a Last Chance Agreement as an alternative to indefinite
suspension. CR 73-74, AA3.
a) . . . the Police Chief may offer the officer, as an alternative to
indefinite suspension, the opportunity to enter into a last chance
agreement . . .
(3) The officer will agree to a probationary period not to exceed one
(1) year, with the additional requirement that if, during the
probationary period, the officer commits the same or a similar act of
misconduct, the officer will be indefinitely suspended without right of
appeal.
The Civil Service Act prescribes administrative remedies to appeal
disciplinary actions. Chapter 143, Subchapter D. Disciplinary Actions. CR 85-89,
AA2. The deadline for appeals is ten days. Id., §143.010 (“police officer need
only file an appeal with the commission within 10 days after the date the action
occurred”). CR 33, AA2. A police officer appealing discipline may elect to be
heard by the Civil Service Commission, or a hearing examiner. Id., §143.057,
AA2. CR 88-89. If a “police officer elects to appeal to a hearing examiner, the
person waives all rights to appeal to a district court,” except on limited grounds not
applicable here. Id., §143.057(a), AA2. CR 88. Stewart’s August 2, 2013 notice
of appeal elected to have his appeal heard by a hearing examiner, instead of the
Commission. CR 63-64. Only decisions of the Commission are appealable to
district court: Id. CR 33, AA2.
7
§143.015(a) If a firefighter or police officer is dissatisfied with any
commission decision, the firefighter or police officer may file a
petition in district court asking that the decision be set aside. The
petition must be filed within 10 days after the date [of] the final
commission decision . . .
There is no Commission decision to appeal to district court in this case. CR 33.
SUMMARY OF THE ARGUMENT
The district court lacked subject matter jurisdiction over Stewart’s suit for
declaratory relief seeking reinstatement, back pay and lost benefits, or to
mandamus a hearing before a hearing examiner based on failure to exhaust
administrative remedies, and because governmental immunity is not waived under
the Civil Service Act, or the Texas Uniform Declaratory Judgments Act.
ARGUMENT
Stewart sought reinstatement, back pay and lost benefits, requesting
declarations under the Texas Uniform Declaratory Judgments Act (“UDJA”),
Civ.Prac.&Rem.Code, §37.001, et. seq., and mandamus under Tex. Gov’t Code,
§24.011, specifically (a) a declaration that his Last Chance Agreement is void, (2)
a declaration that Director Washington’s refusal to forward his appeal to the
American Arbitration Association1 was ultra vires, and (3) to mandamus Director
Washington to forward his appeal to a hearing examiner, pursuant to Chapter 143,
the Civil Service Act.
1
If the parties do not agree on the selection of a hearing examiner, they may request a list of
seven qualified neutral hearing examiners from the American Arbitration Association.
8
The Court lacks subject matter jurisdiction (1) to grant a claim for
reinstatement, back pay and lost benefits or declare the Last Chance Agreement
void based on failure to exhaust administrative remedies under the M&C
Agreement and Chapter 143, (2) to declare that refusal to forward the appeal was
an ultra vires act because immunity is not waived under Chapter 143 or the UDJA,
or (3) to mandamus appeal to a hearing examiner because neither the M&C
Agreement nor Chapter 143 confer jurisdiction on hearing examiners to hear an
appeal of an indefinite suspension pursuant to a Last Chance Agreement which
expressly waived all appeal rights. CR 34-35. The UDJA is “not a grant of
jurisdiction, but merely a procedural device for deciding cases already within a
court’s jurisdiction.” Chenault v. Phillips, 914 S.W.2d 140, 141 (Tex. 1996). CR
35.
A. The Rules of Statutory Construction do not support Stewart’s interpretation
of Chapter 143 or the M&C Agreement.
In enacting a statute, it is presumed that the entire statute is intended to be
effective, and a just and reasonable result is intended. Tex.Gov’tCode, §311.021.
CR 35. Under the rules of statutory construction, the primary concern is the
express statutory language. Galbraith Eng’g Consultants, Inc. v. Pochucha, 290
S.W.3d 863, 867 (Tex. 2009). CR 35. Courts apply the plain meaning of the text
unless a different meaning is supplied by legislative definition or is apparent from
the context, or the plain meaning leads to absurd results. Marks v. St. Luke’s
9
Episcopal Hosp., 319 S.W.3d 658, 663 (Tex. 2010). CR 35. Lst year, this Court
found that courts must also “construe the [M&C] Agreement.” Hamilton v. Mark
Washington, et al., 2014 WL 7458988 *3 (Tex.App.—Austin 2014) (denial of
appeal of indefinite suspension of police officer). “We examine the entire contract
in an effort to harmonize and effectuate all of its provisions so that none are
rendered meaningless. We do not give controlling effect to any single provision;
instead, we read all of the provisions in light of the entire agreement.” Hamilton,
at *3. (internal citations omitted) In another case seeking to interpret a collective
bargaining agreement (“CBA”), that appellate court found that “[w]e do not agree
with [plaintiff’s] interpretation of the CBA and its interaction with the Local
Government Code. The CBA is unambiguous. (holding language that can be given
certain or definite legal meaning is unambiguous).” Mata v. City of San Antonio,
2012 WL 1364594 *3 (Tex.App.—San Antonio 2012. (internal citations omitted)
CR 35. Similarly, in this case the M&C Agreement is unambiguous authorizing
Agreed Temporary Suspensions from which “there shall be no appeal,” with a
“Last Chance Agreement” “as an alternative to indefinite suspension,” consistent
with Chapter 143. M&C Agreement, Article 18, Secs. 3 & 7. CR 70-74, AA3.
B. Stewart lacked standing and the district court lacked jurisdiction because
administrative remedies were not exhausted.
First, the “Civil Service Act outlines the disciplinary process by which a
municipality may suspend an officer and the procedure for the appeal of a
10
suspension. See Tex. Loc. Gov’t Code §143.051-.057.” Hamilton, at *4. Second,
the M&C Agreement outlines mandatory grievance procedures for complaints
about violations of the M&C Agreement. Under both the Civil Service Act and the
M&C Agreement, the district court lacked subject matter jurisdiction based on lack
of standing because administrative remedies were not exhausted.
1. The district court lacked jurisdiction over claims for reinstatement,
back pay and lost benefits.
The district court lacked jurisdiction over Stewart’s claim for reinstatement
under Chapter 143 because the statute gives the Civil Service Commission
exclusive jurisdiction over such claims. Tex.Loc.Gov’tCode, §143.053(e)(3), AA2.
“When the legislature grants an administrative body the sole authority to make an
initial determination in a dispute, the agency has exclusive jurisdiction over the
dispute.” Hamilton, at *6. (“[T]he sole authority to make the initial decision to
uphold the suspension or reverse it and grant reinstatement is afforded the official
making the decision at the Commission level”). Accordingly, “the district court
lacked jurisdiction over [plaintiff’s] claim for reinstatement because the
Commission has exclusive jurisdiction over such claims.” Hamilton, at *6.
Stewart asserts that the trial court has jurisdiction under Section 143.015
Appeal of Commission Decision to District Court. CR 23. However, last year this
Court concluded that “[b]ecause the Commission determined that Hamilton has
failed to invoke its jurisdiction, it did not hold a hearing or refer the appeal to a
11
hearing examiner. Consequently, Hamilton’s suit is not an appeal of a decision of
the Commission or a hearing examiner, and there is no Commission decision for
the trial court to consider de novo nor any basis for awarding relief under section
143.015.” Hamilton, at *5. CR 37. Just as in Hamilton, there is no Commission
decision in this case, depriving the district court of subject matter jurisdiction. CR
37. More recently, this Court concluded that because the officer “has not
exhausted all of her administrative remedies, neither we nor the trial court have
jurisdiction to order that she be reinstated with back pay and benefits.” Brown v.
Nero, 2015 WL 5666172 *3 (Tex.App.—Austin 2015), citing Hamilton, at *10.
“When the administrative body has exclusive jurisdiction, a party must
exhaust all administrative remedies before seeking judicial review of the decision,
and if the party has not met the exhaustion requirement, the trial court lacks subject
matter jurisdiction and must dismiss the claims without prejudice to refiling.”
Hamilton, at *6. “Because [plaintiff’s] appeal was rejected, there has been no
initial determination in this dispute at the Commission level, and [plaintiff] has not
exhausted his administrative remedies. We therefore conclude that the district
court lacked subject matter jurisdiction over [plaintiff’s] request for reinstatement
and did not err in granting the City’s plea.” Hamilton, at *6. Similarly, Director
Washington rejected Stewart’s appeal in this case. It was error to deny the City’s
plea because failure to exhaust the mandatory administrative remedies in Chapter
12
143 deprived the district court of jurisdiction. CR 37.
2. The district court lacked jurisdiction to void the Agreed Temporary
Suspension.
The district court not only lacked subject matter jurisdiction for failure to
exhaust administrative remedies under Chapter 143, but also for failure to exhaust
administrative remedies under the M&C Agreement grievance procedures. CR 36,
AA3. This Court has already found that both administrative remedies must be
exhausted to confer jurisdiction. Hamilton, at *10 (“we agree with the City that
Hamilton lacked standing to sue for breach of contract because he failed to exhaust
the administrative remedies required by the Agreement.) Hamilton, at *10. CR
36. Stewart’s purported request for declarations under the UDJA, are actually
breach of contract claims because they allege breach of the M&C Agreement
whose mandatory grievance procedures he failed to pursue as required by the Civil
Service Act. CR 78-81. M&C Agreement, Article 20, Grievance Procedures,
AA3. Hamilton, at *9 (“Hamilton’s final claim is one for breach of contract based
on alleged violations of his rights under the Agreement.” “Hamilton lacked
standing to sue for breach of contract because he failed to exhaust his
administrative remedies under the Civil Service Act, an issue we have already
resolved in the City’s favor”). “Here, the Agreement similarly provides that a
grievance may be filed by any individual officer to whom the Agreement applies.”
Hamilton, at *10 (“Hamilton was an active APD officer, not belonging to any of
13
the excluded categories, who was covered by the Agreement and bound by its
grievance procedure.”) Hamilton, at *10.
The M&C Agreement outlines mandatory grievance procedures for
complaints about violations of the M&C Agreement (“a ‘grievance’ is defined as
any dispute, claim, or complaint involving the interpretation, application, or
alleged violation of any provision of this Agreement”). CR 36, AA3. Stewart
sought a declaration that his Agreed Temporary Suspension is void because (a) it
does not comply with the M&C Agreement, (b) the APA was not a party, and (c)
an arbitrator should determine whether he violated his Last Chance Agreement.
CR 24. Although represented by the APA and a CLEAT attorney, Stewart
requested no changes to the terms of the Last Chance Agreement. Mata, at *1 (the
union and plaintiff “asked for a few changes in the terms of the agreement, which
the City made”). If Stewart believed that a hearing examiner must determine if the
conduct is the same or similar, and the failure to do so constitutes a violation of the
M&C Agreement, he was required to file a contract grievance within thirty (30)
days after he knew or should have known of the facts giving rise to the grievance.
M&C Agreement, Article 20. CR 78-81, AA3. No contract grievance was ever
filed. It was error to deny the City’s plea because failure to exhaust the mandatory
administrative remedies in the M&C Agreement deprived the district court of
jurisdiction.
14
Moreover, voiding the Last Chance Agreement would result in Stewart’s
termination on September 13, 2012 because it was in lieu of indefinite suspension.
CR 40. “If the last chance agreement is void, then Mata’s first indefinite
suspension remains in place.” Mata, at *5. “The Act’s ten-day period to appeal a
suspension would bar Mata’s untimely appeal from the original indefinite
suspension.” Mata, at *5 (“Without signing the last chance agreement in the first
place . . . she would have been justifiably terminated. Her signing of the last
chance agreement saved her from being terminated.)” Mata, n.2, citing Cf.
Summers v. Keebler Co., 133 Fed. App’x. 249, 252 (6th Cir. 2005).
APD has a history of entering into Last Chance Agreements. CR 38. Mata,
at *5 (“there is a history of settlement agreements . . . the record shows that the
execution of a last chance agreement was not contrary to the CBA”). Stewart
signed the Last Chance Agreement without taking issue with any terms. Mata, at
*1 (“neither questioned the legality of nor argued that the last chance agreement
violated the terms” of the M&C Agreement). In the last fifteen years of APD Last
Chance Agreements, the APA has never signed, has never requested to sign, and
has never filed a grievance under the M&C Agreement grievance procedures
complaining that the APD was not a signatory. CR 91-93. Mata, at *1 (plaintiff,
the police chief, and “one witness signed the last chance agreement, [police union]
did not.”) In the last fifteen years, the only legal challenge to a Last Chance
15
Agreement was denied. Tony Smith v. Hubert Arturo “Art” Acevedo, et al., Case
No. A-09-CA-620-S, U.S. District Court, Western District, Austin Division, Sept.
20, 2010 (“of particular importance to Plaintiff’s defamation claim here, was a
2005 agreed 60-day suspension . . . Plaintiff signed the memo on April 20, 2005,
acknowledging both receipt and his understanding that he forfeited his right to
appeal in return for the Chief not exercising his right to terminate Plaintiff for the
described conduct”). Stewart is attempting to challenge the process in his 2012
Agreed Temporary Suspension through the vehicle of his 2013 non-appealable
indefinite suspension, because he failed to appeal his temporary suspension within
the ten days mandated by Chapter 143 remedies. Tex.Loc.Gov’tCode, §143.010,
AA2. (“Defendants point out, and the Court agrees, Plaintiff’s claims relating to
his 2005 discipline are time-barred. Plaintiff is attempting to challenge the process
he received in 2005 through the vehicle of the 2008 memo.” “If Plaintiff wished to
complain about the process he received in 2005, he should have done so”).
Similarly, Stewart should have complained about the 2012 Agreed Temporary
Suspension at that time. CR 38.
The UDJA is “not a grant of jurisdiction, but merely a procedural device for
deciding cases already within a court’s jurisdiction.” Chenault v. Phillips, 914
S.W.2d 140, 141 (Tex. 1996). Stewart cannot enlarge the court’s jurisdiction by
reframing his breach of contract claim as a UDJA claim. CR 40. Further, “a
16
declaratory judgment action will not lie to provide redundant remedies,” in this
case Chapter 143 remedies. Beacon Nat’l Ins. v. Montemayor, 86 S.W.3d 260, 267
(Tex.App.—Austin 2002, no pet.). Finally, the plain language of the M&C
Agreement expressly authorizes Last Chance Agreements, does not require the
APA sign as a party, and does not require that an arbitrator determine whether the
act was the same or a similar act. CR 40. It was error to deny the City’s plea
because failure to exhaust the administrative remedies in the M&C Agreement
deprived the district court of jurisdiction. CR 37.
C. The district court lacked jurisdiction over claims for which governmental
immunity is not waived.
Governmental immunity protects political subdivisions of the State,
including cities, absent express waiver. Wichita Falls State Hosp. v. Taylor, 106
S.W.3d 692, 694 n.3 (Tex. 2003). CR 40. “The Civil Service Act provides a
limited waiver of governmental immunity from suit for appeal of a Commission
decision to district court. See Tex.Loc.Gov’tCode §143.015. For a suit to proceed
against a governmental unit under a statute [that waives immunity], the court must
first look to the terms of the Act to determine the scope of its waiver and then
‘consider the particular facts of the case . . . to determine whether it comes within
that scope’.” Hamilton, at *3. CR 40. Stewart’s “requests for declaratory and
mandamus relief and his purported ‘appeal’ of the Commission’s ‘decision’ do not
fall within the waiver of immunity granted in section 143.015(b), and the district
17
court did not have jurisdiction over [plaintiff’s] claims under the Civil Service
Act.” Hamilton, at *5. CR 40. The UDJA waives immunity for certain claims;
however, it is not a general waiver of immunity. Texas Parks & Wildlife Dep’t v.
Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011). CR 40. The UDJA “does not
waive immunity against claims seeking a declaration of the claimant’s statutory
rights. Tex. Dep’t of Transp. v. Sefzik, 355 S.W.3d 618, 621 (Tex. 2011) (per
curiam).” The UDJA waives governmental immunity only when the plaintiff
seeks a declaration challenging the constitutionality or validity of a statute or
ordinance. The UDJA waives immunity for those claims only because section
37.006(b) calls for the joinder of the governmental entity as a party when the
validity of its statute or ordinance is challenged. Sefzik, 355 S.W.3d at n.3
(immunity from suit is not waived for a UDJA action in which “a plaintiff seeks a
declaration of his or her rights under a statute or other law.”)
1. Immunity bars claims against the City for back pay and lost benefits.
As this Court has held, a claim for reinstatement, back pay and lost benefits
is jurisdictionally barred because “neither [the appellate court] nor the trial court
have jurisdiction to order that [Stewart] be reinstated with back pay and benefits,”
the Commission having sole authority to make that decision. Brown, at *3
(affirming plea to the jurisdiction on request for “reinstatement with back pay and
benefits”). Additionally, “if the sole purpose of a declaration is to obtain a money
18
judgment, immunity is not waived.” Hamilton, at *5, citing City of El Paso v.
Heinrich, 284 S.W.3d 366 (Tex. 2009). CR 41. “[D]eclaratory and mandamus
claims for back pay and lost benefits seek retrospective monetary compensation for
salary and benefits of which he was deprived by the City’s alleged wrongful
actions . . . and are therefore claims for money damages that implicate
governmental immunity . . . we agree with the City that governmental immunity is
not waived and the district court did not err in granting the City’s plea to the
jurisdiction as to those claims.” Hamilton, at *7. CR 41.
2. Immunity bars claims against Director Washington for acts which are
not ministerial.
Stewart seeks a declaratory judgment, granting “referral to a third party
arbitrator on the prerequisite issue of same or similar conduct,” alleging
“procedural arbitrability” citing to Howsam. CR 24. However, in that case the U.
S. Supreme Court reaffirmed that “arbitration is a matter of contract and a party
cannot be required to submit to arbitration any dispute which he has not agreed so
to submit.” Howsam v. Dean Witter Reynolds, Inc., 123 S. Ct. 588, 591 (2002).
CR 41. In this case, there is no contractual provision in the M&C Agreement to
submit either a Last Chance Agreement, or a non-appealable indefinite suspension
pursuant to a Last Chance Agreement to arbitration; therefore, forwarding the
appeal was not a ministerial act.
Stewart complains of rejection of his appeal by Director Washington
19
asserting the “ultra vires exception to governmental immunity applies to Director
Washington’s failure to perform a purely ministerial act because he acted outside
of his official capacity or without legal authority.” CR 26. “Suits against
governmental officials alleging that they ‘acted without legal authority or failed to
perform a purely ministerial act’ and seeking to compel the officials ‘to comply
with statutory or constitutional provisions’ fall within the ‘ultra vires’ exception to
governmental immunity because they ‘do not attempt to exert control over the state
–they attempt to reassert the control of the state.’ Id. Generally, however, only
prospective relief is available. Thus, although governmental immunity protects a
city from lawsuits for retrospective money damages, a request for prospective
injunctive or mandamus relief from illegal or unauthorized acts may be pursued
under the UDJA against the appropriate officials in their official capacities.”
Hamilton, at *5. (internal citations omitted), citing Heinrich, 284 S.W.3d at 372.
CR 42.
Stewart alleges that he “did not waive his civil service right to an appeal to
an independent third-party hearing examiner on the issue of whether the alleged
conduct occurred and if so, whether the conduct was the same or similar in nature
to the conduct complained of in the previous suspension to invoke the terms of the
last chance agreement/probation.” CR 27. By the plain language of the
Agreement, Stewart expressly waived “all right to appeal this disciplinary
20
action, including the additional terms and conditions cited herein.” [emphasis
added] CR 53. Furthermore, under the Civil Service Act, the Chief of Police has
the sole statutory authority to determine if an officer has violated civil service
rules, and if so, has the sole authority to impose disciplinary action. CR 43. A
Hearing Examiner conducts an appellate review only, and has no statutory or
contractual authority to make the initial contractual determination. CR 43.
Director Washington complied with the language of the Agreed Temporary
Suspension, the M&C Agreement, and the Civil Service Act when he rejected
Stewart’s appeal, none of which authorize appeal of “Last Chance Agreements.”
Tex.Loc.Gov’tCode, §143.052(g). CR 43, AA2. The mandatory language of the
M&C Agreement expressly bars appeals of Last Chance Agreements. (“there
shall be no appeal”) [emphasis added]. M&C Agreement, Article 18, Sec. 3.
Because there was no right to appeal, Director Washington had a ministerial duty
not to forward Stewart’s appeal to a Hearing Examiner. CR 43.
The M&C Agreement supersedes Chapter 143 in the event of a conflict.
M&C Agreement, Article 18, Sec. 7. CR 43, AA3. Stewart points to no grant of
authority under which a hearing examiner has jurisdiction to hear an appeal of a
Last Chance Agreement, the terms and conditions cited therein, or a non-
appealable indefinite suspension pursuant to a Last Chance Agreement. CR 43.
Because there is a contractual prohibition for this appeal, Director Washington not
21
only had no jurisdiction to act upon the appeal, he was contractually prohibited
from doing so. CR 43. It would have been ultra vires to forward an appeal barred
by the M&C Agreement to an arbitrator. Accordingly, Stewart’s claim against
Director Washington does not fall within the ultra vires exception to immunity.
CR 43.
Stewart seeks a writ of mandamus to forward his appeal to an independent
third-party hearing examiner pursuant to Texas Government Code §24.011. CR
24. Mandamus is an extraordinary remedy available only in limited circumstances
to correct a clear abuse of discretion or the violation of a duty imposed by law
when the relator has no adequate remedy by appeal. In re Crow-Billingsley Air
Park, Ltd., 98 S.W.3d 178, 279 (Tex. 2003). CR 43. “Before being entitled to
the issuance of a writ of mandamus, a petitioner must establish both a clear right to
such relief and a clear duty on the part of the Commission to act.” Firefighters’
and Police Officers’ Civil Service Com’n of City of Houston v. Ceazer, 725 S.W.2d
431, 433 (Tex.App.—Houston [14th Dist.] 1987, writ ref’d n.r.e.). CR 44. A
hearing examiner lacks jurisdiction to hear Stewart’s appeal because neither the
M&C Agreement nor Chapter 143 authorize appeal of a non-appealable indefinite
suspension pursuant to a Last Chance Agreement waiving all appeal rights. CR 44.
D. The district court lacked jurisdiction because all claims against the Chief of
Police were abandoned.
Stewart abandoned all claims against Chief Acevedo. The wrongful
22
termination and retaliation claims asserted in both his Original Petition and First
Amended Petition were deleted from the Second Amended Petition. CR 23-28.
The plea to the jurisdiction sought dismissal of Chief Acevedo because no facts
were pled, and no claims were asserted against him. CR 34. Stewart’s response to
the plea did not dispute that all claims against Chief Acevedo were abandoned. CR
94-101. Accordingly, the district court lacked subject matter jurisdiction and Chief
Acevedo should have been dismissed.
CONCLUSION AND PRAYER
An appeal of whether misconduct occurred, or was the same or similar act of
misconduct, in fact appeals the merits of disciplinary action, which nullifies Last
Chance Agreements. Stewart’s self-serving interpretation of his waiver of all
appeal rights argues that he merely entered into a “second-to-the-last-chance
agreement,” allowing him a “last, last chance” before a hearing examiner which he
expressly waived. Such a construction would make a nullity of Last Chance
Agreements, the intent of the APA and the City in the M&C Agreement, as well as
the Texas Legislature in enacting the Civil Service Act which expressly supersedes
Chapter 143 with the M&C Agreement. Accepting Stewart’s argument, every
police officer will enter into a “Last Chance Agreement” to avoid dismissal,
knowing that the only consequence will be a “last, last chance” and appeal to a
hearing examiner. Chapter 143 and the M&C Agreement do not allow such an
23
absurd result. The true consequence will be that the Chief of Police will no longer
offer Last Chance Agreements if rendered meaningless, and police officers will no
longer have an opportunity to prove themselves, and save their law enforcement
careers.
RESPECTFULLY SUBMITTED,
ANNE L. MORGAN, Interim City Attorney
MEGHAN L. RILEY, Chief, Litigation
/s/ Chris Edwards
CHRIS EDWARDS
Assistant City Attorney
State Bar No. 00789276
City of Austin-Law Department
P. O. Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-2419
Facsimile: (512) 974-1311
chris.edwards@austintexas.gov
COUNSEL FOR DEFENDANTS - APPELLANTS
24
CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the foregoing on all parties, or
their attorneys of record, in compliance with the Appellate Rules of Civil
Procedure, this 9th day of November, 2015.
Grant Goodwin
State Bar No. 00787567
400 W. 14th Street, Suite 100
Austin, Texas 78701
Telephone: (512) 495-9111
Facsimile: (512) 495-9301
grant.goodwin@cleat.org
Counsel for Plaintiff - Appellee
/s/ Chris Edwards
CHRIS EDWARDS
Counsel for Defendants – Appellants
25
CERTIFICATE OF COMPLIANCE
This brief complies with the type-volume limitations of Tex. R. of App. P.
9.4(i)(2)(B) because this brief contains 5418 words, excluding the parts of the brief
exempted by Tex. R. App. P. 9.4(i)(1).
/s/ Chris Edwards
CHRIS EDWARDS
Counsel for Defendants – Appellees
26
APPENDIX
TAB
1 Order Denying Defendants’ Plea to the Jurisdiction, Remanding for Further
Proceedings, and Staying Proceedings Before the Court.
2 Texas Local Government Code, Chapter 143.
3 Agreement Between the City of Austin and the Austin Police Association
(“Meet and Confer Agreement”).
27
APPENDIX 1
£0"d ll:::HOl
NO. D-1-GN-13-003351
WILLIAM M. STEWART, §
Plaintiff §
§
v. §
§
THE CITY OF AUSTIN §
JnRE:FIGHTERS' AND POLICE §
OFFICERS' CIVIL SERVICE §
COMMISSION, DIRECTOR MARK §
WASHINGTON, CIDEF ARTURO §
ACEVEDO, AND THE CITY OF §
AUSTIN, TEXAS, §
Defendants § TRAVIS COUNTY, TEXAS
ORDER DENYING DEFENDANTS' PLEA TO THE JURISDICTION, REMANDING
FOR FURTHER PROCEEDINGS. AND STAYING PROCEEDINGS BEFORE THE
COURT
On July 27, 2015, the Defendants' Plea to the Jurisdiction came to be heard, and after
reading the Plea, hearing the arguments, reviewing the applicable case law, and considering
the same, the Court finds as follows:
1. The Court ORDERS that Defendants' Plea to the Jurisdiction is DENIED;
2. The Court FURTHER ORDERS that the case be REMANDED to the City of
Austin so that a third-party hearing examiner can address the issue of"same or
similar act of misconduct" pursuant to Loc. Gov. Code Sec. 143.057; and
3. The Court FURTHER ORDERS that all further actions before the Court be
STAYED pending resolution of the administrative grievance process.
Therefore, it is ORDERED, ADJUDGED AND DECREED that Defendants' Plea to
the Jurisdiction is DENIED, the case is REMANDED to the City of Austin for further
proceedings, and all actions before the Court are STAYED pending resolution of the
administrative grievance process.
SIGNED on this the_---=-}__ day of September, 2015.
£0.d ``nOJ ~JI``Sia H~6Tt TT:TT ST0c-T0-d3S
APPENDIX 2
LOCAL GOVERNMENT CODE
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES
CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE
OFFICERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec.A143.001.AAPURPOSE. (a) The purpose of this chapter is
to secure efficient fire and police departments composed of capable
personnel who are free from political influence and who have
permanent employment tenure as public servants.
(b)AAThe members of the Fire Fighters ’ and Police Officers ’
Civil Service Commission shall administer this chapter in
accordance with this purpose.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.002.AAMUNICIPALITIES COVERED BY CHAPTER. (a) This
chapter applies only to a municipality:
(1)AAthat:
(A)AAhas a population of 10,000 or more;
(B)AAhas a paid fire department or police
department; and
(C)AAhas voted to adopt this chapter or the law
codified by this chapter; or
(2)AAwhose election to adopt this chapter and whose
acts subsequent to that election were validated by the law enacted
by House Bill 822, Acts of the 73rd Legislature, Regular Session,
1993.
(b)AAPopulation under Subsection (a)(1) is determined by the
most recent:
(1)AAfederal decennial census; or
(2)AAannual population estimate provided by the state
demographer under Chapter 468, Government Code, if that estimate is
more recent than the most recent federal decennial census.
(c)AAIf this chapter applies to a municipality as provided by
Subsection (a), the application of this chapter to the municipality
1
is not affected if the municipality ’s population changes and the
municipality no longer meets the population requirement of
Subsection (a)(1).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 576, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 212 (H.B. 1913), Sec. 1, eff. May
27, 2005.
Acts 2005, 79th Leg., Ch. 1163 (H.B. 3409), Sec. 1, eff. June
18, 2005.
Sec.A143.003.AADEFINITIONS. In this chapter:
(1)AA"Commission" means the Fire Fighters ’ and Police
Officers ’ Civil Service Commission.
(2)AA"Department head" means the chief or head of a fire
or police department or that person ’s equivalent, regardless of the
name or title used.
(3)AA"Director" means the director of fire fighters ’
and police officers ’ civil service.
(4)AA"Fire fighter" means a member of a fire department
who was appointed in substantial compliance with this chapter or
who is entitled to civil service status under Section 143.005 or
143.084.AAThe term:
(A)AAapplies only to an employee of a fire
department whose position requires substantial knowledge of fire
fighting and who has met the requirements for certification by the
Texas Commission on Fire Protection under Chapter 419, Government
Code, including an employee who performs:
(i)AAfire suppression;
(ii)AAfire prevention;
(iii)AAfire training;
(iv)AAfire safety education;
(v)AAfire maintenance;
(vi)AAfire communications;
(vii)AAfire medical emergency technology;
(viii)AAfire photography;
(ix)AAfire administration; or
2
(x)AAfire arson investigation; and
(B)AAdoes not apply to a secretary, clerk, budget
analyst, custodial engineer, or other administrative employee.
(5)AA"Police officer" means a member of a police
department or other peace officer who was appointed in substantial
compliance with this chapter or who is entitled to civil service
status under Section 143.005, 143.084, or 143.103.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 498, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 738 (H.B. 2640), Sec. 1, eff.
September 1, 2005.
Sec.A143.004.AAELECTION TO ADOPT OR REPEAL CHAPTER. (a) A
municipality may hold an election to adopt or repeal this chapter as
provided by this section.
(b)AAIf the governing body of the municipality receives a
petition requesting an election that is signed by a number of
qualified voters of the municipality equal to at least 10 percent of
the number of voters who voted in the most recent municipal
election, the governing body shall order an election submitting to
the voters the question of whether this chapter should be adopted.
The election must be held on the first authorized uniform election
date prescribed by Chapter 41, Election Code, that occurs after the
petition is filed and that allows sufficient time to comply with
other requirements of law.
(c)AAThe ballot shall be printed to provide for voting for or
against the proposition: "Adoption of the fire fighters ’ and
police officers ’ civil service law." However, this chapter may be
adopted to apply only to the fire or police department, and in that
case, the ballot shall be printed to reflect the department that
would be covered by this chapter. If a majority of the votes
received in the election are in favor of adoption of this chapter,
the governing body shall implement this chapter.
(d)AAIf an election is held under Subsection (b), a petition
for a subsequent election to be held under that subsection may not
be filed for at least one year after the date the previous election
3
was held. To be valid, a petition for a subsequent election must
contain the signatures of a number of qualified voters of the
municipality equal to at least 20 percent of the number of voters
who voted in the most recent municipal election. Any subsequent
election must be held at the next general municipal election that
occurs after the petition is filed.
(e)AAIf the governing body of a municipality that has
operated under this chapter for at least one year receives a
petition requesting an election to repeal this chapter that is
signed by at least 10 percent of the qualified voters of the
municipality, the governing body shall order an election submitting
to the voters the question on whether this chapter should be
repealed. If a majority of the qualified voters vote to repeal this
chapter, this chapter is void in that municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.005.AASTATUS OF EMPLOYEES IF CHAPTER ADOPTED. (a)
Each fire fighter or police officer serving in a municipality that
adopts this chapter and who has been in the service of the
municipality for more than six months at the time this chapter is
adopted and who is entitled to civil service classification has the
status of a civil service employee and is not required to take a
competitive examination to remain in the position the person
occupies at the time of the adoption.
(b)AAIn a municipality that adopts this chapter, an employee
of the fire department whose primary duties are to provide
emergency medical services for the municipality is considered to be
a fire fighter who is a member of the fire department performing
fire medical emergency technology, entitled to civil service
protection, and covered by this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 1034 (H.B. 1126), Sec. 7, eff.
September 1, 2005.
Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 129
(H.B. 263), Sec. 1
4
For text of section as added by Acts 2005, 79th Leg., Ch. 869 (S.B.
1050), Sec. 1, see other Sec. 143.0051.
Sec. 143.0051.AASTATUS OF EMPLOYEES IN CERTAIN FIRE
DEPARTMENTS. (a) This section applies only to a fire department
employee employed by a municipality with a population of 220,000 or
more.AAThis section does not apply to a fire department employee
employed by a municipality:
(1)AAthat has adopted Chapter 174; or
(2)AAto which Subchapter H or I applies.
(b)AANotwithstanding any other provision of this chapter, a
previously non-classified fire department employee who serves in a
position described by Section 143.003(4)(B), (D), (G), or (J) has
the status of a civil service employee and is not required to take a
competitive examination to remain in the employee ’s position if:
(1)AAthe employee was appointed to that position on or
before May 1, 2005, and was serving in that position on the date
described by Subsection (c); and
(2)AAthe municipality ’s governing body by ordinance
amends the municipality ’s existing classification of fire
department employees to include the employee ’s position as provided
by Section 143.021.
(c)AAThe civil service status of an employee to which
Subsection (b) applies is effective on the date that the ordinance
amending the municipality ’s classification system to include the
employee ’s position takes effect.
(d)AAA fire department employee who has civil service status
under Subsection (b) may be promoted only:
(1)AAby competitive examination in accordance with the
competitive civil service procedures prescribed in this chapter;
and
(2)AAwithin the employee ’s existing division.
(e)AAA fire department employee who has civil service status
under Subsection (b) may not:
(1)AAsupervise or evaluate classified civil service
personnel assigned to fire suppression or emergency medical
operations; or
(2)AAlaterally transfer to fire suppression or
5
emergency medical operations.
(f)AAIf a fire department employee who has civil service
status under Subsection (b) leaves the employee ’s position for any
reason, a person selected to fill that position must be selected in
accordance with the competitive civil service procedures
prescribed in this chapter.
Added by Acts 2005, 79th Leg., Ch. 129 (H.B. 263), Sec. 1, eff. May
24, 2005.
Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 869
(S.B. 1050), Sec. 1
For text of section as added by Acts 2005, 79th Leg., Ch. 129 (H.B.
263), Sec. 1, see other Sec. 143.0051.
Sec. 143.0051.AASTATUS OF EMPLOYEES IN CERTAIN FIRE
DEPARTMENTS. (a) This section applies only to a fire department
employee employed by a municipality with a population of 150,000 or
more and with a governing body of five or fewer members.
(b)AANotwithstanding any other provision of this chapter, a
previously nonclassified fire department employee who serves in a
position described by Section 143.003(4)(B), (D), (G), or (J) has
the status of a civil service employee and is not required to take a
competitive examination to remain in the employee ’s position if:
(1)AAthe employee was appointed to that position on or
before May 1, 2005, and was serving in that position on the date
described by Subsection (c); and
(2)AAthe municipality ’s governing body by ordinance
amends the municipality ’s existing classification of fire
department employees to include the employee ’s position as provided
by Section 143.021.
(c)AAThe civil service status of an employee to which
Subsection (b) applies is effective on the date that the ordinance
amending the municipality ’s classification system to include the
employee ’s position takes effect.
(d)AAA fire department employee who has civil service status
under Subsection (b) may be promoted only:
(1)AAby competitive examination in accordance with the
competitive civil service procedures prescribed in this chapter;
6
and
(2)AAwithin the employee ’s existing division.
(e)AAA fire department employee who has civil service status
under Subsection (b) may not:
(1)AAsupervise or evaluate classified civil service
personnel assigned to fire suppression or emergency medical
operations; or
(2)AAlaterally transfer to fire suppression or
emergency medical operations.
(f)AAIf a fire department employee who has civil service
status under Subsection (b) leaves the employee ’s position for any
reason, a person selected to fill that position must be selected in
accordance with the competitive civil service procedures
prescribed in this chapter.
Added by Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 1, eff.
September 1, 2005.
Sec. 143.0052.AAFEE FOR EMERGENCY MEDICAL SERVICES.
(a)AAThis section applies only to a municipality that:
(1)AAhas a population of more than 220,000 and less than
250,000;
(2)AAis located in a county in which another
municipality that has a population of more than one million is
predominately located; and
(3)AAwhose emergency medical services are administered
by a fire department.
(b)AABy resolution of its governing body, a municipality may
establish a monthly fee for the costs of emergency medical
services, including salary and overtime related to medical
personnel.AAThis fee is applicable to each and every customer
served by a municipal water account and may be collected in
conjunction with the bill for water services.
(c)AAA municipality acting under this section supersedes any
authority established under Chapter 286, Health and Safety Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 1,
eff. September 1, 2009.
Amended by:
7
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 69,
eff. September 1, 2011.
Sec.A143.006.AAIMPLEMENTATION: COMMISSION. (a) On
adoption of this chapter, the Fire Fighters ’ and Police Officers ’
Civil Service Commission is established in the municipality. The
chief executive of the municipality shall appoint the members of
the commission within 60 days after the date this chapter is
adopted. Within 30 days after the date the municipality ’s first
full fiscal year begins after the date of the adoption election, the
governing body of the municipality shall implement this chapter.
(b)AAThe commission consists of three members appointed by
the municipality ’s chief executive and confirmed by the governing
body of the municipality. Members serve staggered three-year terms
with the term of one member expiring each year. If a vacancy occurs
or if an appointee fails to qualify within 10 days after the date of
appointment, the chief executive shall appoint a person to serve
for the remainder of the unexpired term in the same manner as the
original appointment.
(c)AAA person appointed to the commission must:
(1)AAbe of good moral character;
(2)AAbe a United States citizen;
(3)AAbe a resident of the municipality who has resided
in the municipality for more than three years;
(4)AAbe over 25 years of age; and
(5)AAnot have held a public office within the preceding
three years.
(c-1)AANotwithstanding Subsection (c)(5), the
municipality ’s chiefAAexecutive may reappoint a commission member
to consecutive terms.AAA commission member may not be reappointed
to more than a third consecutive term unless the member ’s
reappointment to a fourth or subsequent consecutive term is
confirmed by a two-thirds majority of all the members of the
municipality ’s governing body.
(c-2)AASubsection (c)(5) does not prohibit the
municipality ’s chief executive from appointing a former commission
member to the commission if the only public office held by the
8
former member within the preceding three years is membership on:
(1)AAthe commission; or
(2)AAthe commission and the municipality ’s civil
service board for employees other than police officers and
firefighters through a joint appointment to the commission and
board.
(c-3)AASubsections (c-1) and (c-2) do not apply to a
municipality with a population of 1.5 million or more.
(d)AAIn making initial appointments, the chief executive
shall designate one member to serve a one-year term, one member to
serve a two-year term, and one member to serve a three-year term.
If a municipality has a civil service commission immediately before
this chapter takes effect in that municipality, that civil service
commission shall continue as the commission established by this
section and shall administer the civil service system as prescribed
by this chapter. As the terms of the members of the previously
existing commission expire, the chief executive shall appoint
members as prescribed by this section. If necessary to create
staggered terms as prescribed by this section, the chief executive
shall appoint the initial members, required to be appointed under
this chapter, to serve terms of less than three years.
(e)AAInitial members shall elect a chairman and a
vice-chairman within 10 days after the date all members have
qualified. Each January, the members shall elect a chairman and a
vice-chairman.
(f)AAThe governing body of the municipality shall provide to
the commission adequate and suitable office space in which to
conduct business.
(g)AAThe chief executive of a municipality commits an offense
if the chief executive knowingly or intentionally fails to appoint
the initial members of the commission within the 60-day period
prescribed by Subsection (a). An offense under this subsection is a
misdemeanor punishable by a fine of not less than $100 or more than
$200. Each day after the 60-day period that the chief executive
knowingly or intentionally fails to make a required appointment
constitutes a separate offense.
(h)AAThe chief executive of a municipality or a municipal
9
official commits an offense if the person knowingly or
intentionally refuses to implement this chapter or attempts to
obstruct the enforcement of this chapter. An offense under this
subsection is a misdemeanor punishable by a fine of not less than
$100 or more than $200.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 475 (H.B. 150), Sec. 1, eff. June
17, 2005.
Sec.A143.007.AAREMOVAL OF COMMISSION MEMBER. (a) If at a
meeting held for that purpose the governing body of the
municipality finds that a commission member is guilty of misconduct
in office, the governing body may remove the member. The member may
request that the meeting be held as an open hearing in accordance
with Chapter 551, Government Code.
(b)AAIf a commission member is indicted or charged by
information with a criminal offense involving moral turpitude, the
member shall be automatically suspended from office until the
disposition of the charge. Unless the member pleads guilty or is
found to be guilty, the member shall resume office at the time of
disposition of the charge.
(c)AAThe governing body may appoint a substitute commission
member during a period of suspension. If a member pleads guilty to
or is found to be guilty of a criminal offense involving moral
turpitude, the governing body shall appoint a replacement
commission member to serve the remainder of the disqualified
member ’s term of office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff. Sept. 1, 1995.
Sec.A143.008.AAADOPTION AND PUBLICATION OF RULES. (a) A
commission shall adopt rules necessary for the proper conduct of
commission business.
(b)AAThe commission may not adopt a rule permitting the
appointment or employment of a person who is:
(1)AAwithout good moral character;
10
(2)AAphysically or mentally unfit; or
(3)AAincompetent to discharge the duties of the
appointment or employment.
(c)AAThe commission shall adopt rules that prescribe cause
for removal or suspension of a fire fighter or police officer. The
rules must comply with the grounds for removal prescribed by
Section 143.051.
(d)AAThe commission shall publish each rule it adopts and
each classification and seniority list for the fire and police
departments. The rules and lists shall be made available on demand.
A rule is considered to be adopted and sufficiently published if the
commission adopts the rule by majority vote and causes the rule to
be written, typewritten, or printed. Publication in a newspaper is
not required and the governing body of the municipality is not
required to act on the rule.
(e)AAA rule is not valid and binding on the commission until
the commission:
(1)AAmails a copy of the rule to the commissioner, if
the municipality has an elected commissioner, and to department
heads of the fire and police departments;
(2)AAposts a copy of the rule for a seven-day period at
a conspicuous place in the central fire and police stations; and
(3)AAmails a copy of the rule to each branch fire
station.
(f)AAThe director shall keep copies of all rules for free
distribution to members of the fire and police departments who
request copies and for inspection by any interested person.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.009.AACOMMISSION INVESTIGATIONS AND INSPECTIONS.
(a) The commission or a commission member designated by the
commission may investigate and report on all matters relating to
the enforcement and effect of this chapter and any rules adopted
under this chapter and shall determine if the chapter and rules are
being obeyed.
(b)AADuring an investigation, the commission or the
commission member may:
11
(1)AAadminister oaths;
(2)AAissue subpoenas to compel the attendance of
witnesses and the production of books, papers, documents, and
accounts relating to the investigation; and
(3)AAcause the deposition of witnesses residing inside
or outside the state.
(c)AAA deposition taken in connection with an investigation
under this section must be taken in the manner prescribed by law for
taking a similar deposition in a civil action in federal district
court.
(d)AAAn oath administered or a subpoena issued under this
section has the same force and effect as an oath administered by a
magistrate in the magistrate ’s judicial capacity.
(e)AAA person who fails to respond to a subpoena issued under
this section commits an offense punishable as prescribed by Section
143.016.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.010.AACOMMISSION APPEAL PROCEDURE. (a) Except as
otherwise provided by this chapter, if a fire fighter or police
officer wants to appeal to the commission from an action for which
an appeal or review is provided by this chapter, the fire fighter or
police officer need only file an appeal with the commission within
10 days after the date the action occurred.
(b)AAThe appeal must include the basis for the appeal and a
request for a commission hearing. The appeal must also contain a
statement denying the truth of the charge as made, a statement
taking exception to the legal sufficiency of the charge, a
statement alleging that the recommended action does not fit the
offense or alleged offense, or a combination of these statements.
(c)AAIn each hearing, appeal, or review of any kind in which
the commission performs an adjudicatory function, the affected fire
fighter or police officer is entitled to be represented by counsel
or a person the fire fighter or police officer chooses. Each
commission proceeding shall be held in public.
(d)AAThe commission may issue subpoenas and subpoenas duces
tecum for the attendance of witnesses and for the production of
12
documentary material.
(e)AAThe affected fire fighter or police officer may request
the commission to subpoena any books, records, documents, papers,
accounts, or witnesses that the fire fighter or police officer
considers pertinent to the case. The fire fighter or police officer
must make the request before the 10th day before the date the
commission hearing will be held. If the commission does not
subpoena the material, the commission shall, before the third day
before the date the hearing will be held, make a written report to
the fire fighter or police officer stating the reason it will not
subpoena the requested material. This report shall be read into the
public record of the commission hearing.
(f)AAWitnesses may be placed under the rule at the commission
hearing.
(g)AAThe commission shall conduct the hearing fairly and
impartially as prescribed by this chapter and shall render a just
and fair decision. The commission may consider only the evidence
submitted at the hearing.
(h)AAThe commission shall maintain a public record of each
proceeding with copies available at cost.
(i)AAIn addition to the requirements prescribed by this
section, an appeal to the commission in a municipality with a
population of 1.5 million or more must meet the requirements
prescribed by Section 143.1015.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 25(b), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 1248, Sec. 48, eff. Sept. 1, 1989.
Sec.A143.011.AADECISIONS AND RECORDS. (a) Each concurring
commission member shall sign a decision issued by the commission.
(b)AAThe commission shall keep records of each hearing or
case that comes before the commission.
(c)AAEach rule, opinion, directive, decision, or order
issued by the commission must be written and constitutes a public
record that the commission shall retain on file.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
13
Sec.A143.012.AADIRECTOR. (a) On adoption of this chapter,
the office of Director of Fire Fighters ’ and Police Officers ’ Civil
Service is established in the municipality. The commission shall
appoint the director. The director shall serve as secretary to the
commission and perform work incidental to the civil service system
as required by the commission. The commission may remove the
director at any time.
(b)AAA person appointed as director must meet each
requirement for appointment to the commission prescribed by Section
143.006(c), except that in a municipality with a population of less
than 1.5 million, the person is not required to meet the local
residency requirement.
(c)AAA person appointed as director may be a commission
member, a municipal employee, or some other person.
(d)AAThe municipality ’s governing body shall determine the
salary, if any, to be paid to the director.
(e)AAIf, immediately before this chapter takes effect in a
municipality, the municipality has a duly and legally constituted
director of civil service, regardless of title, that director shall
continue in office as the director established by this section and
shall administer the civil service system as prescribed by this
chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 355, Sec. 1, eff. Sept. 1, 1999.
Sec.A143.013.AAAPPOINTMENT AND REMOVAL OF DEPARTMENT HEAD.
(a) Unless elected, each department head is:
(1)AAappointed by the municipality ’s chief executive
and confirmed by the municipality ’s governing body; or
(2)AAin a municipality having an elected fire or police
commissioner, appointed by the fire or police commissioner in whose
department the vacancy exists and confirmed by the municipality ’s
governing body.
(b)AAA person appointed as head of a fire department must be
eligible for certification by the Texas Commission on Fire
Protection at the intermediate level or its equivalent as
determined by that commission and must have served as a fully paid
14
fire fighter for at least five years.AAA person appointed as head of
a police department must be eligible for certification by the Texas
Commission on Law Enforcement at the intermediate level or its
equivalent as determined by that commission and must have served as
a bona fide law enforcement officer for at least five years.
(c)AAExcept as provided by Subsection (d), if a person is
removed from the position of department head, the person shall be
reinstated in the department and placed in a position with a rank
not lower than that held by the person immediately before
appointment as department head. The person retains all rights of
seniority in the department.
(d)AAIf a person serving as department head is charged with
an offense in violation of civil service rules and is dismissed from
the civil service or discharged from his position as department
head, the person has the same rights and privileges of a hearing
before the commission and in the same manner and under the same
conditions as a classified employee. If the commission finds that
the charges are untrue or unfounded, the person shall immediately
be restored to the same classification that the person held before
appointment as department head. The person has all the rights and
privileges of the prior position according to seniority and shall
be paid his full salary for the time of suspension.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.48, eff.
May 18, 2013.
Sec.A143.014.AAAPPOINTMENT AND REMOVAL OF PERSON CLASSIFIED
IMMEDIATELY BELOW DEPARTMENT HEAD. (a) This section does not apply
to a municipality with a population of 1.5 million or more.
(b)AAIf approved by the governing body of the municipality by
resolution or ordinance, the head of a fire or police department in
the municipality in which at least four classifications exist below
the classification of department head may appoint each person
occupying an authorized position in the classification immediately
below that of department head, as prescribed by this section. The
classification immediately below that of department head may
15
include a person who has a different title but has the same pay
grade.
(c)AAIn a police department, the total number of persons
appointed to the classification immediately below that of
department head may not exceed the total number of persons, plus
one, serving in that classification on January 1, 1983. In a fire
department in a municipality having fewer than 300 certified fire
fighters, the department head may appoint not more than one person
to the classification immediately below that of department head.
If a municipality has 300 to 600 certified fire fighters, the
department head may appoint two persons to the classification. If a
municipality has more than 600 certified fire fighters, the
department head may appoint three persons to the classification.
This subsection does not apply to a municipality that has adopted
The Fire and Police Employee Relations Act (Article 5154c-1,
Vernon ’s Texas Civil Statutes) unless the municipality
specifically adopts the appointment procedure prescribed by this
subsection through the collective bargaining process.
(d)AAA person appointed to a position in the classification
immediately below that of the head of the police department must:
(1)AAbe employed by the municipality ’s police
department as a sworn police officer;
(2)AAhave at least two years ’ continuous service in that
department as a sworn police officer; and
(3)AAmeet the requirements for appointment as head of a
police department prescribed by Section 143.013(b).
(e)AAA person appointed to a position in the classification
immediately below that of the head of the fire department must:
(1)AAbe employed by the municipality ’s fire department;
(2)AAhave a permanent classification in at least an
officer level; and
(3)AAmeet the requirements for appointment as head of a
fire department prescribed by Section 143.013(b).
(f)AAThe department head shall make each appointment under
this section within 90 days after the date a vacancy occurs in the
position.
(g)AAA person appointed under this section serves at the
16
pleasure of the department head. A person who is removed from the
position by the department head shall be reinstated in the
department and placed in the same classification, or its
equivalent, that the person held before appointment. The person
retains all rights of seniority in the department.
(h)AAIf a person appointed under this section is charged with
an offense in violation of civil service rules and indefinitely
suspended by the department head, the person has the same rights and
privileges of a hearing before the commission in the same manner and
under the same conditions as a classified employee. If the
commission, a hearing examiner, or a court of competent
jurisdiction finds the charges to be untrue or unfounded, the
person shall immediately be restored to the same classification, or
its equivalent, that the person held before appointment. The
person has all the rights and privileges of the prior position
according to seniority, and shall be repaid for any lost wages.
(i)AAA person serving under permanent appointment in a
position in the classification immediately below that of the
department head on September 1, 1983, is not required to meet the
requirements of this section or to be appointed or reappointed as a
condition of tenure or continued employment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.015.AAAPPEAL OF COMMISSION DECISION TO DISTRICT
COURT. (a) If a fire fighter or police officer is dissatisfied
with any commission decision, the fire fighter or police officer
may file a petition in district court asking that the decision be
set aside. The petition must be filed within 10 days after the date
the final commission decision:
(1)AAis sent to the fire fighter or police officer by
certified mail; or
(2)AAis personally received by the fire fighter or
police officer or by that person ’s designee.
(b)AAAn appeal under this section is by trial de novo. The
district court may grant the appropriate legal or equitable relief
necessary to carry out the purposes of this chapter. The relief may
include reinstatement or promotion with back pay if an order of
17
suspension, dismissal, or demotion is set aside.
(c)AAThe court may award reasonable attorney ’s fees to the
prevailing party and assess court costs against the nonprevailing
party.
(d)AAIf the court finds for the fire fighter or police
officer, the court shall order the municipality to pay lost wages to
the fire fighter or police officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.016.AAPENALTY FOR VIOLATION OF CHAPTER. (a) A fire
fighter or police officer commits an offense if the person violates
this chapter.
(b)AAAn offense under this section or Section 143.009 is a
misdemeanor punishable by a fine of not less than $10 or more than
$100, confinement in the county jail for not more than 30 days, or
both fine and confinement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. CLASSIFICATION AND APPOINTMENT
Sec.A143.021.AACLASSIFICATION; EXAMINATION REQUIREMENT.
(a) The commission shall provide for the classification of all fire
fighters and police officers. The municipality ’s governing body
shall establish the classifications by ordinance. The governing
body by ordinance shall prescribe the number of positions in each
classification.
(b)AAExcept for the department head and a person the
department head appoints in accordance with Section 143.014 or
143.102, each fire fighter and police officer is classified as
prescribed by this subchapter and has civil service protection.
The failure of the governing body to establish a position by
ordinance does not result in the loss of civil service benefits by a
person entitled to civil service protection or appointed to the
position in substantial compliance with this chapter.
(c)AAExcept as provided by Sections 143.013, 143.014,
143.0251, 143.102, and 143.1251, an existing position or
classification or a position or classification created in the
18
future either by name or by increase in salary may be filled only
from an eligibility list that results from an examination held in
accordance with this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1995, 74th Leg., ch. 64, Sec. 1, eff. Sept. 1, 1995.
Sec.A143.022.AAPHYSICAL REQUIREMENTS AND EXAMINATIONS. (a)
The commission shall set the age and physical requirements for
applicants for beginning and promotional positions in accordance
with this chapter. The requirements must be the same for all
applicants.
(b)AAThe commission shall require each applicant for a
beginning or a promotional position to take an appropriate physical
examination. The commission may require each applicant for a
beginning position to take a mental examination. The examination
shall be administered by a physician, psychiatrist, or
psychologist, as appropriate, appointed by the commission. The
municipality shall pay for each examination.
(c)AAIf an applicant is rejected by the physician,
psychiatrist, or psychologist, as appropriate, the applicant may
request another examination by a board of three physicians,
psychiatrists, or psychologists, as appropriate, appointed by the
commission. The applicant must pay for the board examination. The
board ’s decision is final.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 26(b), eff. Aug. 28, 1989.
Sec.A143.023.AAELIGIBILITY FOR BEGINNING POSITION. (a) A
person may not take an entrance examination for a beginning
position in the police department unless the person is at least 18
years of age.AAA person may not take an entrance examination for a
beginning position in the fire department unless the person is at
least 18 years of age but not 36 years of age or older.
(b)AAA person may not be certified as eligible for a
beginning position in a fire department if the person is 36 years of
age or older.
(c)AAA person who is 45 years of age or older may not be
19
certified for a beginning position in a police department.
(d)AAAn applicant may not be certified as eligible for a
beginning position with a fire department unless the applicant
meets all legal requirements necessary to become eligible for
future certification by the Commission on Fire Protection Personnel
Standards and Education.
(e)AAAn applicant may not be certified as eligible for a
beginning position with a police department unless the applicant
meets all legal requirements necessary to become eligible for
future licensing by the Texas Commission on Law Enforcement.
(f)AAEach police officer and fire fighter affected by this
chapter must be able to read and write English.
(g)AAIn addition to meeting the requirements prescribed by
this section, an applicant for a beginning position in a police
department in a municipality with a population of 1.5 million or
more must meet the requirements prescribed by Section 143.105.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 380 (S.B. 1421), Sec. 1, eff. June
17, 2005.
Acts 2009, 81st Leg., R.S., Ch. 273 (S.B. 461), Sec. 1, eff.
May 30, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.49, eff.
May 18, 2013.
Sec.A143.024.AAENTRANCE EXAMINATION NOTICE. (a) Before the
10th day before the date an entrance examination is held, the
commission shall cause a notice of the examination to be posted in
plain view on a bulletin board located in the main lobby of the city
hall and in the commission ’s office. The notice must show the
position to be filled or for which the examination is to be held,
and the date, time, and place of the examination.
(b)AAThe notice required by Subsection (a) must also state
the period during which the eligibility list created as a result of
the examination will be effective.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
20
Sec.A143.025.AAENTRANCE EXAMINATIONS. (a) The commission
shall provide for open, competitive, and free entrance examinations
to provide eligibility lists for beginning positions in the fire
and police departments. The examinations are open to each person
who makes a proper application and meets the requirements
prescribed by this chapter.
(b)AAAn eligibility list for a beginning position in the fire
or police department may be created only as a result of a
competitive examination held in the presence of each applicant for
the position, except as provided by Subsections (d), (e), and
(l).AAThe examination must be based on the person ’s general
knowledge and aptitude and must inquire into the applicant ’s
general education and mental ability.AAA person may not be
appointed to the fire or police department except as a result of the
examination.
(c)AAAn applicant may not take an examination unless at least
one other applicant taking the examination is present.
(d)AAExaminations for beginning positions in the fire
department may be held at different locations if each applicant
takes the same examination and is examined in the presence of other
applicants.
(e)AAThis subsection applies only in a municipality to which
Subchapter J does not apply. An examination for beginning
positions in the police department must be held at one or more
locations in the municipality in which the police department is
located and may be held at additional locations outside the
municipality. An examination held at multiple locations must be
administered on the same day and at the same time at each location
at which it is given. Only one eligibility list for a police
department may be created from that examination, and only one
eligibility list may be in effect at a given time. Each applicant
who takes the examination for the eligibility list shall:
(1)AAtake the same examination; and
(2)AAbe examined in the presence of other applicants
for that eligibility list.
(f)AAAn additional five points shall be added to the
examination grade of an applicant who served in the United States
21
armed forces, received an honorable discharge, and made a passing
grade on the examination.
(g)AAAn applicant may not take the examination for a
particular eligibility list more than once.
(h)AAThe commission shall keep each eligibility list for a
beginning position in effect for a period of not less than six
months or more than 12 months, unless the names of all applicants on
the list have been referred to the appropriate department. The
commission shall determine the length of the period. The
commission shall give new examinations at times the commission
considers necessary to provide required staffing for scheduled fire
or police training academies.
(i)AAThe grade to be placed on the eligibility list for each
applicant shall be computed by adding an applicant ’s points under
Subsection (f), if any, to the applicant ’s grade on the written
examination. Each applicant ’s grade on the written examination is
based on a maximum grade of 100 percent and is determined entirely
by the correctness of the applicant ’s answers to the questions. The
minimum passing grade on the examination is 70 percent. An
applicant must pass the examination to be placed on an eligibility
list.
(j)AANotwithstanding Subsection (i), each applicant who is
either a natural-born or adopted child of a fire fighter who
previously suffered a line-of-duty death while covered by this
chapter shall be ranked at the top of any eligibility list in which
said applicant receives a minimum passing grade on that respective
eligibility exam.AAThe deceased fire fighter ’s applicant child
must otherwise satisfy all of the requirements for eligibility for
a beginning position in a fire department contained in this
chapter.AAThis commission shall promulgate rules to identify and
verify each applicant ’s eligibility for applicability of this
subsection.
(k)AAThis section does not apply to a police department
located in a municipality with a population of 1.5 million or more.
(l)AAIn a municipality with a population of more than 1.3
million and less than 2 million, an examination for a beginning
position in the fire department may include testing instruments to
22
be used in addition to the written examination in the establishment
of the initial eligibility list.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 756, Sec. 1, 2, eff. Aug. 28, 1989;
Acts 1999, 76th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 628, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 380 (S.B. 1421), Sec. 2, eff. June
17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 27 (S.B. 339), Sec. 1, eff.
September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 503 (H.B. 1488), Sec. 1, eff.
June 17, 2011.
Sec.A143.0251.AAREAPPOINTMENT AFTER RESIGNATION. The
commission may adopt rules to allow a police officer who
voluntarily resigns from the department to be reappointed to the
department without taking another departmental entrance
examination.
Added by Acts 1995, 74th Leg., ch. 64, Sec. 2, eff. Sept. 1, 1995.
Sec.A143.026.AAPROCEDURE FOR FILLING BEGINNING POSITIONS.
(a) When a vacancy occurs in a beginning position in a fire or
police department, the department head shall request in writing
from the commission the names of suitable persons from the
eligibility list. The director shall certify to the municipality ’s
chief executive the names of the three persons having the highest
grades on the eligibility list.
(b)AAFrom the three names certified, the chief executive
shall appoint the person having the highest grade unless there is a
valid reason why the person having the second or third highest grade
should be appointed.
(c)AAIf the chief executive does not appoint the person
having the highest grade, the chief executive shall clearly set
forth in writing the good and sufficient reason why the person
having the highest grade was not appointed.
(d)AAThe reason required by Subsection (c) shall be filed
23
with the commission and a copy provided to the person having the
highest grade. If the chief executive appoints the person having
the third highest grade, a copy of the report shall also be
furnished to the person having the second highest grade.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.027.AAPROBATIONARY PERIOD.
(a)AAA person appointed to a beginning position in the fire
or police department must serve a probationary period of one year
beginning on that person ’s date of employment as a fire fighter,
police officer, or academy trainee.AAIn a municipality with a
population of less than 1.9 million, the commission by rule may
extend the probationary period by not more than six months for a
person who:
(1)AAis not employed by a department in which a
collective bargaining agreement or a meet-and-confer agreement
currently exists or previously existed; and
(2)AAis required to attend a basic training academy for
initial certification by the Texas Commission on Fire Protection or
the Texas Commission on Law Enforcement.
(b)AADuring a fire fighter ’s or police officer ’s probationary
period, the department head shall discharge the person and remove
the person from the payroll if the person ’s appointment was not
regular or was not made in accordance with this chapter or the
commission rules.
(c)AADuring a fire fighter ’s or police officer ’s probationary
period, the person may not be prohibited from joining or required to
join an employee organization. Joining or not joining an employee
organization is not a ground for retaining or not retaining a fire
fighter or police officer serving a probationary period.
(d)AAA fire fighter or police officer who was appointed in
substantial compliance with this chapter and who serves the entire
probationary period automatically becomes a full-fledged civil
service employee and has full civil service protection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 2, eff.
24
September 1, 2005.
Acts 2005, 79th Leg., Ch. 909 (H.B. 148), Sec. 1, eff.
September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 11.001,
eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.50, eff.
May 18, 2013.
Sec.A143.028.AAELIGIBILITY FOR PROMOTION. (a) Except as
provided by Sections 143.013 and 143.102, a fire fighter is not
eligible for promotion unless the person has served in that fire
department in the next lower position or other positions specified
by the commission for at least two years at any time before the date
the promotional examination is held. A fire fighter is not eligible
for promotion to the rank of captain or its equivalent unless the
person has at least four years ’ actual service in that fire
department.
(b)AAExcept as provided by Sections 143.013 and 143.102, a
police officer is not eligible for promotion unless the person has
served in that police department in the next lower position or other
positions specified by the commission for at least two years
immediately before the date the promotional examination is held. A
police officer is not eligible for promotion to the rank of captain
or its equivalent unless the person has at least four years ’ actual
service in that police department.
(c)AAIf a person is recalled on active military duty for not
more than 60 months, the two-year service requirements prescribed
by Subsections (a) and (b) do not apply and the person is entitled
to have time spent on active military duty considered as duty in the
respective fire or police department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 833 (S.B. 863), Sec. 2, eff. June
17, 2005.
Sec.A143.029.AAPROMOTIONAL EXAMINATION NOTICE. (a) Before
the 90th day before the date a promotional examination is held, the
25
commission shall post a notice that lists the sources from which the
examination questions will be taken.
(b)AABefore the 30th day before the date a promotional
examination is held, the commission shall post a notice of the
examination in plain view on a bulletin board located in the main
lobby of the city hall and in the commission ’s office. The notice
must show the position to be filled or for which the examination is
to be held, and the date, time, and place of the examination. The
commission shall also furnish sufficient copies of the notice for
posting in the stations or subdepartments in which the position
will be filled.
(c)AAThe notice required by Subsection (b) may also include
the name of each source used for the examination, the number of
questions taken from each source, and the chapter used in each
source.
(d)AAIn addition to the notice prescribed by this section, a
municipality with a population of 1.5 million or more must post the
notice prescribed by Section 143.107.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.030.AAELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL
EXAMINATION. (a) This section does not apply to a municipality
with a population of 1.5 million or more.
(b)AAEach promotional examination is open to each fire
fighter who at any time has continuously held for at least two years
a position in the classification that is immediately below, in
salary, the classification for which the examination is to be held.
(c)AAIf the department has adopted a classification plan that
classifies positions on the basis of similarity in duties and
responsibilities, each promotional examination is open to each fire
fighter who has continuously held for at least two years a position
at the next lower pay grade, if it exists, in the classification for
which the examination is to be held.
(d)AAIf there are not enough fire fighters in the next lower
position with two years ’ service in that position to provide an
adequate number of persons to take the examination, the commission
may open the examination to persons in that position with less than
26
two years ’ service. If there is still an insufficient number, the
commission may open the examination to persons with at least two
years ’ experience in the second lower position, in salary, to the
position for which the examination is to be held.
(e)AAIf a fire fighter had previously terminated the fire
fighter ’s employment with the department and is subsequently
reemployed by the same department, the fire fighter must again meet
the two-year service requirement for eligibility to take a
promotional examination. In determining if a fire fighter has met
the two-year service requirement, a fire department may not
consider service in another fire department.
(f)AAThis section does not prohibit lateral crossover
between classes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.031.AAELIGIBILITY FOR POLICE DEPARTMENT
PROMOTIONAL EXAMINATION. (a) Each promotional examination is open
to each police officer who for at least two years immediately before
the examination date has continuously held a position in the
classification that is immediately below, in salary, the
classification for which the examination is to be held.
(b)AAIf the department has adopted a classification plan that
classifies positions on the basis of similarity in duties and
responsibilities, each promotional examination is open to each
police officer who has continuously held for at least two years
immediately before the examination date a position at the next
lower pay grade, if it exists, in the classification for which the
examination is to be held.
(c)AAIf there are not sufficient police officers in the next
lower position with two years ’ service in that position to provide
an adequate number of persons to take the examination, the
commission shall open the examination to persons in that position
with less than two years ’ service. If there is still an
insufficient number, the commission may open the examination to
persons in the second lower position, in salary, to the position for
which the examination is to be held.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
27
Sec.A143.032.AAPROMOTIONAL EXAMINATION PROCEDURE. (a) The
commission shall adopt rules governing promotions and shall hold
promotional examinations to provide eligibility lists for each
classification in the fire and police departments. Unless a
different procedure is adopted under an alternate promotional
system as provided by Section 143.035, the examinations shall be
held substantially as prescribed by this section.
(b)(1)AAEach eligible promotional candidate shall be given
an identical examination in the presence of the other eligible
promotional candidates, except that an eligible promotional
candidate who is serving on active military duty outside of this
state or in a location that is not within reasonable geographic
proximity to the location where the examination is being
administered is entitled to take the examination outside of the
presence of and at a different time than the other candidates and
may be allowed to take an examination that is not identical to the
examination administered to the other candidates.
(2)AAThe commission may adopt rules under Subsection
(a) providing for the efficient administration of promotional
examinations to eligible promotional candidates who are members of
the armed forces serving on active military duty.AAIn adopting the
rules, the commission shall ensure that the administration of the
examination will not result in unnecessary interference with any
ongoing military effort.AAThe rules shall require that:
(A)AAat the discretion of the administering
entity, an examination that is not identical to the examination
administered to other eligible promotional candidates may be
administered to an eligible promotional candidate who is serving on
active military duty; and
(B)AAif a candidate serving on active military
duty takes a promotional examination outside the presence of other
candidates and passes the examination, the candidate ’s name shall
be included in the eligibility list of names of promotional
candidates who took and passed the examination nearest in time to
the time at which the candidate on active military duty took the
examination.
28
(c)AAThe examination must be entirely in writing and may not
in any part consist of an oral interview.
(d)AAThe examination questions must test the knowledge of the
eligible promotional candidates about information and facts and
must be based on:
(1)AAthe duties of the position for which the
examination is held;
(2)AAmaterial that is of reasonably current publication
and that has been made reasonably available to each member of the
fire or police department involved in the examination; and
(3)AAany study course given by the departmental schools
of instruction.
(e)AAThe examination questions must be taken from the sources
posted as prescribed by Section 143.029(a). Fire fighters or
police officers may suggest source materials for the examinations.
(f)AAThe examination questions must be prepared and composed
so that the grading of the examination can be promptly completed
immediately after the examination is over.
(g)AAThe director is responsible for the preparation and
security of each promotional examination. The fairness of the
competitive promotional examination is the responsibility of the
commission, the director, and each municipal employee involved in
the preparation or administration of the examination.
(h)AAA person commits an offense if the person knowingly or
intentionally:
(1)AAreveals a part of a promotional examination to an
unauthorized person; or
(2)AAreceives from an authorized or unauthorized person
a part of a promotional examination for unfair personal gain or
advantage.
(i)AAAn offense under Subsection (h) is a misdemeanor
punishable by a fine of not less than $1,000, confinement in the
county jail for not more than one year, or both the fine and the
confinement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 26(c), eff. Aug. 28, 1989.
Amended by:
29
Acts 2005, 79th Leg., Ch. 833 (S.B. 863), Sec. 1, eff. June
17, 2005.
Sec.A143.033.AAPROMOTIONAL EXAMINATION GRADES. (a) The
grading of each promotional examination shall begin when one
eligible promotional candidate completes the examination. As the
eligible promotional candidates finish the examination, the
examinations shall be graded at the examination location and in the
presence of any candidate who wants to remain during the grading.
(b)AAEach police officer is entitled to receive one point for
each year of seniority as a classified police officer in that
department, with a maximum of 10 points. Each fire fighter is
entitled to receive one point for each year of seniority in that
department, with a maximum of 10 points.
(c)AAUnless a different procedure is adopted under an
alternate promotional system as provided by Section 143.035, the
grade that must be placed on the eligibility list for each police
officer or fire fighter shall be computed by adding the applicant ’s
points for seniority to the applicant ’s grade on the written
examination, but for a fire fighter applicant only if the applicant
scores a passing grade on the written examination.AAEach
applicant ’s grade on the written examination is based on a maximum
grade of 100 points and is determined entirely by the correctness of
the applicant ’s answers to the questions.AAThe passing grade in a
municipality with a population of 1.5 million or more is prescribed
by Section 143.108.AAIn a municipality with a population of less
than 1.5 million, all police officer applicants who receive a grade
of at least 70 points shall be determined to have passed the
examination and all fire fighter applicants who receive a grade on
the written examination of at least 70 points shall be determined to
have passed the examination.AAIf a tie score occurs, the commission
shall determine a method to break the tie.
(d)AAWithin 24 hours after a promotional examination is held,
the commission shall post the individual raw test scores on a
bulletin board located in the main lobby of the city hall.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 26(d), eff. Aug. 28, 1989; Acts
30
1991, 72nd Leg., ch. 713, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 3, eff.
September 1, 2005.
Sec.A143.034.AAREVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.
(a) On request, each eligible promotional candidate from the fire
or police department is entitled to examine the person ’s
promotional examination and answers, the examination grading, and
the source material for the examination. If dissatisfied, the
candidate may appeal, within five business days, to the commission
for review in accordance with this chapter. In computing this
period, a Saturday, Sunday, or legal holiday is not considered a
business day.
(b)AAThe eligible promotional candidate may not remove the
examination or copy a question used in the examination.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 26(e), eff. Aug. 28, 1989.
Sec.A143.035.AAALTERNATE PROMOTIONAL SYSTEM IN POLICE
DEPARTMENT. (a) This section does not apply to a municipality that
has adopted The Fire and Police Employee Relations Act (Article
5154c-1, Vernon ’s Texas Civil Statutes).
(b)AAOn the recommendation of the head of the police
department and a majority vote of the sworn police officers in the
department, the commission may adopt an alternate promotional
system to select persons to occupy nonentry level positions other
than positions that are filled by appointment by the department
head. The promotional system must comply with the requirements
prescribed by this section.
(c)AAThe commission shall order the director to conduct an
election and to submit the revised promotional system either to all
sworn police officers within the rank immediately below the
classification for which the promotional examination is to be
administered or to all sworn police officers in the department.
(d)AAThe director shall hold the election on or after the
30th day after the date notice of the election is posted at the
31
department. The election shall be conducted throughout each
regular work shift at an accessible location within the department
during a 24-hour period.
(e)AAThe ballot shall contain the specific amendment to the
promotional procedure. Each sworn police officer shall be given
the opportunity to vote by secret ballot "for" or "against" the
amendment.
(f)AAThe revised promotional system must be approved by a
majority vote of the sworn police officers voting. A defeated
promotional system amendment may not be placed on a ballot for a
vote by the sworn police officers for at least 12 months after the
date the prior election was held, but this provision does not apply
if the head of the department recommends a different proposal to the
commission.
(g)AAThe commission shall canvass the votes within 30 days
after the date the election is held. An appeal alleging election
irregularity must be filed with the commission within five working
days after the date the election closes. If approved by the sworn
police officers, the promotional system amendment becomes
effective after all election disputes have been ruled on and the
election votes have been canvassed by the commission.
(h)AAAt any time after an alternate promotional system has
been adopted under this section and has been in effect for at least
180 days, the department head may petition the commission to
terminate the alternate system, and the commission shall terminate
the alternate system.
(i)AAAt any time after an alternate promotional system has
been adopted under this section and has been in effect for at least
180 days, a petition signed by at least 35 percent of the sworn
police officers may be submitted to the commission asking that the
alternate promotional system be reconsidered. If a petition is
submitted, the commission shall, within 60 days after the date the
petition is filed, hold an election as prescribed by this section.
If a majority of those voting vote to terminate, the commission
shall terminate the alternate promotional system.
(j)AAIf the alternate system is terminated, an additional
list may not be created under the alternate system.
32
(k)AAA promotional list may not be created if an election
under this section is pending. An existing eligibility list,
whether created under the system prescribed by this chapter or
created under an alternate system adopted under this section, may
not be terminated before or extended beyond its expiration date. A
person promoted under an alternate system has the same rights and
the same status as a person promoted under this chapter even if the
alternate system is later terminated.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 1018, Sec. 1, eff. Aug. 30, 1993.
Sec.A143.036.AAPROCEDURE FOR MAKING PROMOTIONAL
APPOINTMENTS. (a) When a vacancy occurs in a nonentry position
that is not appointed by the department head as provided by Sections
143.014 and 143.102, the vacancy shall be filled as prescribed by
this section and Section 143.108, as applicable.AAA vacancy in a
fire fighter position described by this subsection occurs on the
date the position is vacated by:
(1)AAresignation;
(2)AAretirement;
(3)AAdeath;
(4)AApromotion; or
(5)AAissuance of an indefinite suspension in accordance
with Section 143.052(b).
(b)AAIf an eligibility list for the position to be filled
exists on the date the vacancy occurs, the director, on request by
the department head, shall certify to the department head the names
of the three persons having the highest grades on that eligibility
list. The commission shall certify the names within 10 days after
the date the commission is notified of the vacancy. If fewer than
three names remain on the eligibility list or if only one or two
eligible promotional candidates passed the promotional
examination, each name on the list must be submitted to the
department head.
(c)AAIn a municipality with a population of less than 1.5
million, the commission shall submit names from an existing
eligibility list to the department head until the vacancy is filled
33
or the list is exhausted.
(d)AAIf an eligibility list does not exist on the date a
vacancy occurs or a new position is created, the commission shall
hold an examination to create a new eligibility list within 90 days
after the date the vacancy occurs or a new position is created.
(e)AAIf an eligibility list exists on the date a vacancy
occurs, the department head shall fill the vacancy by permanent
appointment from the eligibility list furnished by the commission
within 60 days after the date the vacancy occurs. If an eligibility
list does not exist, the department head shall fill the vacancy by
permanent appointment from an eligibility list that the commission
shall provide within 90 days after the date the vacancy occurs.
This subsection does not apply in a municipality with a population
of 1.5 million or more.
(f)AAUnless the department head has a valid reason for not
appointing the person, the department head shall appoint the
eligible promotional candidate having the highest grade on the
eligibility list.AAIf the department head has a valid reason for
not appointing the eligible promotional candidate having the
highest grade, the department head shall personally discuss the
reason with the person being bypassed before appointing another
person.AAThe department head shall also file the reason in writing
with the commission and shall provide the person with a copy of the
written notice.AAOn application of the bypassed eligible
promotional candidate, the reason the department head did not
appoint that person is subject to review by the commission or, on
the written request of the person being bypassed, by an independent
third party hearing examiner under Section 143.057.
(g)AAIf a person is bypassed, the person ’s name is returned
to its place on the eligibility list and shall be resubmitted to the
department head if a vacancy occurs. If the department head refuses
three times to appoint a person, files the reasons for the refusals
in writing with the commission, and the commission does not set
aside the refusals, the person ’s name shall be removed from the
eligibility list.
(h)AAEach promotional eligibility list remains in existence
for one year after the date on which the written examination is
34
given, unless exhausted. At the expiration of the one-year period,
the eligibility list expires and a new examination may be held.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 26(f), eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 4, eff.
September 1, 2005.
Sec.A143.037.AARECORD OF CERTIFICATION AND APPOINTMENT. (a)
When a person is certified and appointed to a position in the fire
or police department, the director shall forward the appointed
person ’s record to the proper department head. The director shall
also forward a copy of the record to the chief executive and shall
retain a copy in the civil service files.
(b)AAThe record must contain:
(1)AAthe date notice of examination for the position
was posted;
(2)AAthe date on which the appointed person took the
examination;
(3)AAthe name of each person who conducted the
examination;
(4)AAthe relative position of the appointed person on
the eligibility list;
(5)AAthe date the appointed person took the physical
examination, the name of the examining physician, and whether the
person was accepted or rejected;
(6)AAthe date the request to fill the vacancy was made;
(7)AAthe date the appointed person was notified to
report for duty; and
(8)AAthe date the appointed person ’s pay is to start.
(c)AAIf the director intentionally fails to comply with this
section, the commission shall immediately remove the director from
office.
(d)AAThe director ’s failure to comply with this section does
not affect the civil service status of an employee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
35
Sec.A143.038.AATEMPORARY DUTIES IN HIGHER CLASSIFICATION.
(a) This section does not apply to a municipality with a population
of 1.5 million or more.
(b)AAThe department head may designate a person from the next
lower classification to temporarily fill a position in a higher
classification. The designated person is entitled to the base
salary of the higher position plus the person ’s own longevity or
seniority pay, educational incentive pay, and certification pay
during the time the person performs the duties.
(c)AAThe temporary performance of the duties of a higher
position by a person who has not been promoted as prescribed by this
chapter may not be construed as a promotion.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C. COMPENSATION
Sec.A143.041.AASALARY. (a) This section does not apply to a
municipality with a population of 1.5 million or more.
(b)AAExcept as provided by Section 143.038, all fire fighters
or police officers in the same classification are entitled to the
same base salary.
(c)AAIn addition to the base salary, each fire fighter or
police officer is entitled to each of the following types of pay, if
applicable:
(1)AAlongevity or seniority pay;
(2)AAeducational incentive pay as authorized by Section
143.044;
(3)AAassignment pay as authorized by Sections 143.042
and 143.043;
(4)AAcertification pay as authorized by Section
143.044;
(5)AAshift differential pay as authorized by Section
143.047; and
(6)AAfitness incentive pay as authorized by Section
143.044.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1172, Sec. 1, eff. Aug. 28, 1989.
36
Amended by:
Acts 2005, 79th Leg., Ch. 552 (H.B. 1213), Sec. 1, eff.
September 1, 2005.
Sec.A143.042.AAASSIGNMENT PAY. (a) This section does not
apply to a municipality with a population of 1.5 million or more.
(b)AAThe governing body of a municipality may authorize
assignment pay for fire fighters and police officers who perform
specialized functions in their respective departments.
(c)AAThe assignment pay is in an amount and is payable under
conditions set by ordinance and is in addition to the regular pay
received by members of the fire or police department.
(d)AAIf the ordinance applies equally to each person who
meets the criteria established by the ordinance, the ordinance may
provide for payment to each fire fighter and police officer who
meets training or education criteria for an assignment or the
ordinance may set criteria that provide for payment only to a fire
fighter or police officer in a special assignment.
(e)AAThe head of the fire or police department is not
eligible for the assignment pay authorized by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.043.AAFIELD TRAINING OFFICER ASSIGNMENT PAY. (a)
In this section, "field training officer" means a member of the
police department who is assigned to and performs the duties and
responsibilities of the field training officers program.
(b)AAThe governing body of a municipality may authorize
assignment pay for field training officers. The assignment pay is
in an amount and is payable under conditions set by ordinance and is
in addition to the regular pay received by members of the police
department.
(c)AAThe department head is not eligible for the assignment
pay authorized by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.044.AACERTIFICATION, EDUCATIONAL INCENTIVE, AND
FITNESS INCENTIVE PAY. (a) This section does not apply to a
37
municipality with a population of 1.5 million or more.
(b)AAIf each fire fighter or police officer in a municipality
is afforded an opportunity to qualify for certification, the
municipality ’s governing body may authorize certification pay to
those fire fighters who meet the requirements for certification set
by the Texas Commission on Fire Protection or for those police
officers who meet the requirements for certification set by the
Texas Commission on Law Enforcement.
(c)AAIf the criteria for educational incentive pay are
clearly established, are in writing, and are applied equally to
each fire fighter or police officer in a municipality who meets the
criteria, the municipality ’s governing body may authorize
educational incentive pay for each fire fighter or police officer
who has successfully completed courses at an accredited college or
university.
(d)AAIf the criteria for fitness incentive pay are clearly
established, are in writing, and are applied equally to each fire
fighter or police officer in a municipality who meets the criteria,
the municipality ’s governing body may authorize fitness incentive
pay for each fire fighter or police officer who successfully meets
the criteria.
(e)AAThe certification pay, educational incentive pay, and
fitness incentive pay are in addition to a fire fighter ’s or police
officer ’s regular pay.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 552 (H.B. 1213), Sec. 2, eff.
September 1, 2005.
Acts 2005, 79th Leg., Ch. 552 (H.B. 1213), Sec. 3, eff.
September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.51, eff.
May 18, 2013.
Sec.A143.045.AAACCUMULATION AND PAYMENT OF SICK LEAVE. (a)
A permanent or temporary fire fighter or police officer is allowed
sick leave with pay accumulated at the rate of 1-1/4 full working
days for each full month employed in a calendar year, so as to total
38
15 working days to a person ’s credit each 12 months.
(b)AAA fire fighter or police officer may accumulate sick
leave without limit and may use the leave if unable to work because
of a bona fide illness. If an ill fire fighter or police officer
exhausts the sick leave and can conclusively prove that the illness
was incurred in the performance of duties, an extension of sick
leave shall be granted.
(c)AAExcept as otherwise provided by Section 143.116, a fire
fighter or police officer who leaves the classified service for any
reason is entitled to receive in a lump-sum payment the full amount
of the person ’s salary for accumulated sick leave if the person has
accumulated not more than 90 days of sick leave. If a fire fighter
or police officer has accumulated more than 90 working days of sick
leave, the person ’s employer may limit payment to the amount that
the person would have received if the person had been allowed to use
90 days of accumulated sick leave during the last six months of
employment. The lump-sum payment is computed by compensating the
fire fighter or police officer for the accumulated time at the
highest permanent pay classification for which the person was
eligible during the last six months of employment. The fire fighter
or police officer is paid for the same period for which the person
would have been paid if the person had taken the sick leave but does
not include additional holidays and any sick leave or vacation time
that the person might have accrued during the 90 days.
(d)AATo facilitate the settlement of the accounts of deceased
fire fighters and police officers, all unpaid compensation,
including all accumulated sick leave, due at the time of death to an
active fire fighter or police officer who dies as a result of a
line-of-duty injury or illness, shall be paid to the persons in the
first applicable category of the following prioritized list:
(1)AAto the beneficiary or beneficiaries the fire
fighter or police officer designated in writing to receive the
compensation and filed with the commission before the person ’s
death;
(2)AAto the fire fighter ’s or police officer ’s widow or
widower;
(3)AAto the fire fighter ’s or police officer ’s child or
39
children and to the descendants of a deceased child, by
representation;
(4)AAto the fire fighter ’s or police officer ’s parents
or to their survivors; or
(5)AAto the properly appointed legal representative of
the fire fighter ’s or police officer ’s estate, or in the absence of
a representative, to the person determined to be entitled to the
payment under the state law of descent and distribution.
(e)AAPayment of compensation to a person in accordance with
Subsection (d) is a bar to recovery by another person.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.046.AAVACATIONS. (a) Each fire fighter or police
officer is entitled to earn a minimum of 15 working days ’ vacation
leave with pay in each year.
(b)AAIn computing the length of time a fire fighter or police
officer may be absent from work on vacation leave, only those
calendar days during which the person would be required to work if
not on vacation may be counted as vacation days.
(c)AAUnless approved by the municipality ’s governing body, a
fire fighter or police officer may not accumulate vacation leave
from year to year.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.047.AASHIFT DIFFERENTIAL PAY. (a) The governing
body of a municipality may authorize shift differential pay for
fire fighters and police officers who work a shift in which more
than 50 percent of the time worked is after 6 p.m. and before 6 a.m.
(b)AAThe shift differential pay is in an amount and is
payable under conditions set by ordinance and is in addition to the
regular pay received by members of the fire or police department.
Added by Acts 1989, 71st Leg., ch. 1172, Sec. 3, eff. Aug. 28, 1989.
SUBCHAPTER D. DISCIPLINARY ACTIONS
Sec.A143.051.AACAUSE FOR REMOVAL OR SUSPENSION. A
commission rule prescribing cause for removal or suspension of a
40
fire fighter or police officer is not valid unless it involves one
or more of the following grounds:
(1)AAconviction of a felony or other crime involving
moral turpitude;
(2)AAviolations of a municipal charter provision;
(3)AAacts of incompetency;
(4)AAneglect of duty;
(5)AAdiscourtesy to the public or to a fellow employee
while the fire fighter or police officer is in the line of duty;
(6)AAacts showing lack of good moral character;
(7)AAdrinking intoxicants while on duty or intoxication
while off duty;
(8)AAconduct prejudicial to good order;
(9)AArefusal or neglect to pay just debts;
(10)AAabsence without leave;
(11)AAshirking duty or cowardice at fires, if
applicable; or
(12)AAviolation of an applicable fire or police
department rule or special order.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.052.AADISCIPLINARY SUSPENSIONS. (a) This section
does not apply to a municipality with a population of 1.5 million or
more.
(b)AAThe head of the fire or police department may suspend a
fire fighter or police officer under the department head ’s
supervision or jurisdiction for the violation of a civil service
rule. The suspension may be for a reasonable period not to exceed
15 calendar days or for an indefinite period. An indefinite
suspension is equivalent to dismissal from the department.
(c)AAIf the department head suspends a fire fighter or police
officer, the department head shall, within 120 hours after the hour
of suspension, file a written statement with the commission giving
the reasons for the suspension. The department head shall
immediately deliver a copy of the statement in person to the
suspended fire fighter or police officer.
(d)AAThe copy of the written statement must inform the
41
suspended fire fighter or police officer that if the person wants to
appeal to the commission, the person must file a written appeal with
the commission within 10 days after the date the person receives the
copy of the statement.
(e)AAThe written statement filed by the department head with
the commission must point out each civil service rule alleged to
have been violated by the suspended fire fighter or police officer
and must describe the alleged acts of the person that the department
head contends are in violation of the civil service rules. It is
not sufficient for the department head merely to refer to the
provisions of the rules alleged to have been violated.
(f)AAIf the department head does not specifically point out
in the written statement the act or acts of the fire fighter or
police officer that allegedly violated the civil service rules, the
commission shall promptly reinstate the person.
(g)AAIf offered by the department head, the fire fighter or
police officer may agree in writing to voluntarily accept, with no
right of appeal, a suspension of 16 to 90 calendar days for the
violation of a civil service rule. The fire fighter or police
officer must accept the offer within five working days after the
date the offer is made. If the person refuses the offer and wants to
appeal to the commission, the person must file a written appeal with
the commission within 15 days after the date the person receives the
copy of the written statement of suspension.
(h)AAIn the original written statement and charges and in any
hearing conducted under this chapter, the department head may not
complain of an act that occurred earlier than the 180th day
preceding the date the department head suspends the fire fighter or
police officer. If the act is allegedly related to criminal
activity including the violation of a federal, state, or local law
for which the fire fighter or police officer is subject to a
criminal penalty, the department head may not complain of an act
that is discovered earlier than the 180th day preceding the date the
department head suspends the fire fighter or police officer. The
department head must allege that the act complained of is related to
criminal activity.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
42
by Acts 1989, 71st Leg., ch. 1, Sec. 26(g), eff. Aug. 28, 1989.
Sec.A143.053.AAAPPEAL OF DISCIPLINARY SUSPENSION. (a) This
section does not apply to a municipality with a population of 1.5
million or more.
(b)AAIf a suspended fire fighter or police officer appeals
the suspension to the commission, the commission shall hold a
hearing and render a decision in writing within 30 days after the
date it receives notice of appeal. The suspended person and the
commission may agree to postpone the hearing for a definite period.
(c)AAIn a hearing conducted under this section, the
department head is restricted to the department head ’s original
written statement and charges, which may not be amended.
(d)AAThe commission may deliberate the decision in closed
session but may not consider evidence that was not presented at the
hearing. The commission shall vote in open session.
(e)AAIn its decision, the commission shall state whether the
suspended fire fighter or police officer is:
(1)AApermanently dismissed from the fire or police
department;
(2)AAtemporarily suspended from the department; or
(3)AArestored to the person ’s former position or status
in the department ’s classified service.
(f)AAIf the commission finds that the period of disciplinary
suspension should be reduced, the commission may order a reduction
in the period of suspension. If the suspended fire fighter or
police officer is restored to the position or class of service from
which the person was suspended, the fire fighter or police officer
is entitled to:
(1)AAfull compensation for the actual time lost as a
result of the suspension at the rate of pay provided for the
position or class of service from which the person was suspended;
and
(2)AArestoration of or credit for any other benefits
lost as a result of the suspension, including sick leave, vacation
leave, and service credit in a retirement system. Standard payroll
deductions, if any, for retirement and other benefits restored
43
shall be made from the compensation paid, and the municipality
shall make its standard corresponding contributions, if any, to the
retirement system or other applicable benefit systems.
(g)AAThe commission may suspend or dismiss a fire fighter or
police officer only for violation of civil service rules and only
after a finding by the commission of the truth of specific charges
against the fire fighter or police officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 740, Sec. 1, eff. Sept. 1, 1999.
Sec.A143.054.AADEMOTIONS. (a) If the head of the fire or
police department wants a fire fighter or police officer under his
supervision or jurisdiction to be involuntarily demoted, the
department head may recommend in writing to the commission that the
commission demote the fire fighter or police officer.
(b)AAThe department head must include in the recommendation
for demotion the reasons the department head recommends the
demotion and a request that the commission order the demotion. The
department head must immediately furnish a copy of the
recommendation in person to the affected fire fighter or police
officer.
(c)AAThe commission may refuse to grant the request for
demotion. If the commission believes that probable cause exists
for ordering the demotion, the commission shall give the fire
fighter or police officer written notice to appear before the
commission for a public hearing at a time and place specified in the
notice. The commission shall give the notice before the 10th day
before the date the hearing will be held.
(d)AAThe fire fighter or police officer is entitled to a full
and complete public hearing, and the commission may not demote a
fire fighter or police officer without that public hearing.
(e)AAA voluntary demotion in which the fire fighter or police
officer has accepted the terms of the demotion in writing is not
subject to this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.055.AAUNCOMPENSATED DUTY OF POLICE OFFICERS. (a)
44
This section does not apply to a municipality with a population of
1.5 million or more.
(b)AAIn this section, "uncompensated duty" means days of
police work without pay that are in addition to regular or normal
work days.
(c)AAThe head of the police department may assign a police
officer under his jurisdiction or supervision to uncompensated
duty. The department head may not impose uncompensated duty unless
the police officer agrees to accept the duty. If the police officer
agrees to accept uncompensated duty, the department head shall give
the person a written statement that specifies the date or dates on
which the person will perform uncompensated duty.
(d)AAUncompensated duty may be in place of or in combination
with a period of disciplinary suspension without pay. If
uncompensated duty is combined with a disciplinary suspension, the
total number of uncompensated days may not exceed 15.
(e)AAA police officer may not earn or accrue any wage,
salary, or benefit arising from length of service while the person
is suspended or performing uncompensated duty. The days on which a
police officer performs assigned uncompensated duty may not be
taken into consideration in determining eligibility for a
promotional examination. A disciplinary suspension does not
constitute a break in a continuous position or in service in the
department in determining eligibility for a promotional
examination.
(f)AAExcept as provided by this section, a police officer who
performs assigned uncompensated duty retains all rights and
privileges of the person ’s position in the police department and of
the person ’s employment by the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.056.AAPROCEDURES AFTER FELONY INDICTMENT OR
MISDEMEANOR COMPLAINT. (a) If a fire fighter or police officer is
indicted for a felony or officially charged with the commission of a
Class A or B misdemeanor, the department head may temporarily
suspend the person with or without pay for a period not to exceed 30
days after the date of final disposition of the specified felony
45
indictment or misdemeanor complaint.
(b)AAThe department head shall notify the suspended fire
fighter or police officer in writing that the person is being
temporarily suspended for a specific period with or without pay and
that the temporary suspension is not intended to reflect an opinion
on the merits of the indictment or complaint.
(c)AAIf the action directly related to the felony indictment
or misdemeanor complaint occurred or was discovered on or after the
180th day before the date of the indictment or complaint, the
department head may, within 30 days after the date of final
disposition of the indictment or complaint, bring a charge against
the fire fighter or police officer for a violation of civil service
rules.
(d)AAA fire fighter or police officer indicted for a felony
or officially charged with the commission of a Class A or B
misdemeanor who has also been charged by the department head with
civil service violations directly related to the indictment or
complaint may delay the civil service hearing for not more than 30
days after the date of the final disposition of the indictment or
complaint.
(e)AAIf the department head temporarily suspends a fire
fighter or police officer under this section and the fire fighter or
police officer is not found guilty of the indictment or complaint in
a court of competent jurisdiction, the fire fighter or police
officer may appeal to the commission or to a hearing examiner for
recovery of back pay. The commission or hearing examiner may award
all or part of the back pay or reject the appeal.
(f)AAAcquittal or dismissal of an indictment or a complaint
does not mean that a fire fighter or police officer has not violated
civil service rules and does not negate the charges that may have
been or may be brought against the fire fighter or police officer by
the department head.
(g)AAConviction of a felony is cause for dismissal, and
conviction of a Class A or B misdemeanor may be cause for
disciplinary action or indefinite suspension.
(h)AAThe department head may order an indefinite suspension
based on an act classified as a felony or a Class A or B misdemeanor
46
after the 180-day period following the date of the discovery of the
act by the department if the department head considers delay to be
necessary to protect a criminal investigation of the person ’s
conduct. If the department head intends to order an indefinite
suspension after the 180-day period, the department head must file
with the attorney general a statement describing the criminal
investigation and its objectives within 180 days after the date the
act complained of occurred.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.057.AAHEARING EXAMINERS. (a) In addition to the
other notice requirements prescribed by this chapter, the written
notice for a promotional bypass or the letter of disciplinary
action, as applicable, issued to a fire fighter or police officer
must state that in an appeal of an indefinite suspension, a
suspension, a promotional bypass, or a recommended demotion, the
appealing fire fighter or police officer may elect to appeal to an
independent third party hearing examiner instead of to the
commission.AAThe letter must also state that if the fire fighter or
police officer elects to appeal to a hearing examiner, the person
waives all rights to appeal to a district court except as provided
by Subsection (j).
(b)AATo exercise the choice of appealing to a hearing
examiner, the appealing fire fighter or police officer must submit
to the director a written request as part of the original notice of
appeal required under this chapter stating the person ’s decision to
appeal to an independent third party hearing examiner.
(c)AAThe hearing examiner ’s decision is final and binding on
all parties. If the fire fighter or police officer decides to
appeal to an independent third party hearing examiner, the person
automatically waives all rights to appeal to a district court
except as provided by Subsection (j).
(d)AAIf the appealing fire fighter or police officer chooses
to appeal to a hearing examiner, the fire fighter or police officer
and the department head, or their designees, shall first attempt to
agree on the selection of an impartial hearing examiner. If the
parties do not agree on the selection of a hearing examiner on or
47
within 10 days after the date the appeal is filed, the director
shall immediately request a list of seven qualified neutral
arbitrators from the American Arbitration Association or the
Federal Mediation and Conciliation Service, or their successors in
function. The fire fighter or police officer and the department
head, or their designees, may agree on one of the seven neutral
arbitrators on the list. If they do not agree within five working
days after the date they received the list, each party or the
party ’s designee shall alternate striking a name from the list and
the name remaining is the hearing examiner. The parties or their
designees shall agree on a date for the hearing.
(e)AAThe appeal hearing shall begin as soon as the hearing
examiner can be scheduled. If the hearing examiner cannot begin the
hearing within 45 calendar days after the date of selection, the
fire fighter or police officer may, within two days after learning
of that fact, call for the selection of a new hearing examiner using
the procedure prescribed by Subsection (d).
(f)AAIn each hearing conducted under this section, the
hearing examiner has the same duties and powers as the commission,
including the right to issue subpoenas.
(g)AAIn a hearing conducted under this section, the parties
may agree to an expedited hearing procedure. Unless otherwise
agreed by the parties, in an expedited procedure the hearing
examiner shall render a decision on the appeal within 10 days after
the date the hearing ended.
(h)AAIn an appeal that does not involve an expedited hearing
procedure, the hearing examiner shall make a reasonable effort to
render a decision on the appeal within 30 days after the date the
hearing ends or the briefs are filed. The hearing examiner ’s
inability to meet the time requirements imposed by this section
does not affect the hearing examiner ’s jurisdiction, the validity
of the disciplinary action, or the hearing examiner ’s final
decision.
(i)AAThe hearing examiner ’s fees and expenses are shared
equally by the appealing fire fighter or police officer and by the
department. The costs of a witness are paid by the party who calls
the witness.
48
(j)AAA district court may hear an appeal of a hearing
examiner ’s award only on the grounds that the arbitration panel was
without jurisdiction or exceeded its jurisdiction or that the order
was procured by fraud, collusion, or other unlawful means. An
appeal must be brought in the district court having jurisdiction in
the municipality in which the fire or police department is located.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 5, eff.
September 1, 2005.
SUBCHAPTER E. LEAVES
Sec.A143.071.AALEAVES OF ABSENCE; RESTRICTION PROHIBITED.
(a) If a sufficient number of fire fighters or police officers are
available to carry out the normal functions of the fire or police
department, a fire fighter or police officer may not be refused a
reasonable leave of absence without pay to attend a fire or police
school, convention, or meeting if the purpose of the school,
convention, or meeting is to secure a more efficient department and
better working conditions for department personnel.
(b)AAA rule that affects a fire fighter ’s or police officer ’s
constitutional right to appear before or to petition the
legislature may not be adopted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.072.AAMILITARY LEAVE OF ABSENCE. (a) On written
application of a fire fighter or police officer, the commission
shall grant the person a military leave of absence without pay,
subject to Section 143.075, to enable the person to enter a branch
of the United States military service. The leave of absence may not
exceed the period of compulsory military service or the basic
minimum enlistment period for the branch of service the fire
fighter or police officer enters.
(b)AAThe commission shall grant to a fire fighter or police
officer a leave of absence for initial training or annual duty in
the military reserves or the national guard.
49
(c)AAWhile a fire fighter or police officer who received a
military leave of absence serves in the military, the commission
shall fill the person ’s position in the department in accordance
with this chapter.
(d)AAOn termination of active military service, a fire
fighter or police officer who received a military leave of absence
under this section is entitled to be reinstated to the position that
the person held in the department at the time the leave of absence
was granted if the person:
(1)AAreceives an honorable discharge;
(2)AAremains physically and mentally fit to discharge
the duties of that position; and
(3)AAmakes an application for reinstatement within 90
days after the date the person is discharged from military service.
(e)AAOn reinstatement, the fire fighter or police officer
shall receive full seniority credit for the time spent in the
military service.
(f)AAIf the reinstatement of a fire fighter or police officer
who received a military leave of absence causes a surplus in the
rank to which the fire fighter or police officer was reinstated, the
fire fighter or police officer who has the least seniority in the
position shall be returned to the position immediately below the
position to which the returning fire fighter or police officer was
reinstated.AAIf a fire fighter or police officer is returned to a
lower position in grade or compensation under this subsection
without charges being filed against the person for violation of
civil service rules, the fire fighter or police officer shall be
placed on a position reinstatement list in order of
seniority.AAAppointments from the reinstatement list shall be made
in order of seniority. A person who is not on the reinstatement list
may not be appointed to a position to which the list applies until
the list is exhausted.
(g)AAIf a fire fighter or police officer employed by a
municipality is called to active military duty for any period, the
employing municipality must continue to maintain any health,
dental, or life insurance coverage and any health or dental
benefits coverage that the fire fighter or police officer received
50
through the municipality on the date the fire fighter or police
officer was called to active military duty until the municipality
receives written instructions from the fire fighter or police
officer to change or discontinue the coverage.
(h)AAIn addition to other procedures prescribed by this
section, a fire fighter or police officer may, without restriction
as to the amount of time, voluntarily substitute for a fire fighter
or police officer described by Sections 143.075(b)(1) and (2) who
has been called to active federal military duty for a period
expected to last 12 months or longer. A fire fighter or police
officer who voluntarily substitutes under this subsection must be
qualified to perform the duties of the absent fire fighter or police
officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 287, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 704 (H.B. 2806), Sec. 1, eff.
September 1, 2009.
This section was amended by the 84th Legislature. Pending
publication of the current statutes, see H.B. 1790, 84th
Legislature, Regular Session, for amendments affecting this
section.
Sec.A143.073.AALINE OF DUTY ILLNESS OR INJURY LEAVE OF
ABSENCE. (a) A municipality shall provide to a fire fighter or
police officer a leave of absence for an illness or injury related
to the person ’s line of duty. The leave is with full pay for a
period commensurate with the nature of the line of duty illness or
injury. If necessary, the leave shall continue for at least one
year.
(b)AAAt the end of the one-year period, the municipality ’s
governing body may extend the line of duty illness or injury leave
at full or reduced pay. If the fire fighter ’s or police officer ’s
leave is not extended or the person ’s salary is reduced below 60
percent of the person ’s regular monthly salary, and the person is a
member of a pension fund, the person may retire on pension until
able to return to duty.
51
(c)AAIf pension benefits are not available to a fire fighter
or police officer who is temporarily disabled by a line of duty
injury or illness and if the year at full pay and any extensions
granted by the governing body have expired, the fire fighter or
police officer may use accumulated sick leave, vacation time, and
other accrued benefits before the person is placed on temporary
leave.
(d)AAIf a fire fighter or police officer is temporarily
disabled by an injury or illness that is not related to the person ’s
line of duty, the person may use all sick leave, vacation time, and
other accumulated time before the person is placed on temporary
leave.
(e)AAAfter recovery from a temporary disability, a fire
fighter or police officer shall be reinstated at the same rank and
with the same seniority the person had before going on temporary
leave. Another fire fighter or police officer may voluntarily do
the work of an injured fire fighter or police officer until the
person returns to duty.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 683, Sec. 1, eff. Sept. 1, 2001.
Sec.A143.074.AAREAPPOINTMENT AFTER RECOVERY FROM
DISABILITY. With the commission ’s approval and if otherwise
qualified, a fire fighter or police officer who has been certified
by a physician selected by a pension fund as having recovered from a
disability for which the person has been receiving a monthly
disability pension is eligible for reappointment to the classified
position that the person held on the date the person qualified for
the monthly disability pension.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 683, Sec. 2, eff. Sept. 1, 2001.
Sec. 143.075.AAMILITARY LEAVE TIME ACCOUNTS. (a)AAA
municipality shall maintain military leave time accounts for the
fire and police departments and must maintain a separate military
leave time account for each department.
(b)AAA military leave time account shall benefit a fire
52
fighter or police officer who:
(1)AAis a member of the Texas National Guard or the
armed forces reserves of the United States;
(2)AAwas called to active federal military duty while
serving as a fire fighter or police officer for the municipality;
and
(3)AAhas served on active duty for a period of 3
continuous months or longer.
(c)AAA fire fighter or police officer may donate any amount
of accumulated vacation, holiday, sick, or compensatory leave time
to the military leave time account in that fire fighter ’s or police
officer ’s department to help provide salary continuation for fire
fighters or police officers who qualify as eligible beneficiaries
of the account under Subsection (b).AAA fire fighter or police
officer who wishes to donate time to an account under this section
must authorize the donation in writing on a form provided by the
fire or police department and approved by the municipality.
(d)AAA municipality shall equally distribute the leave time
donated to a military leave time account among all fire fighters or
police officers who are eligible beneficiaries of that
account.AAThe municipality shall credit and debit the applicable
military leave time account on an hourly basis regardless of the
cash value of the time donated or used.
Added by Acts 2003, 78th Leg., ch. 287, Sec. 2, eff. June 18, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1041 (H.B. 2924), Sec. 1, eff.
June 14, 2013.
SUBCHAPTER F. MISCELLANEOUS PROVISIONS
Sec.A143.081.AADETERMINATION OF PHYSICAL AND MENTAL FITNESS.
(a) This section does not apply to a municipality with a population
of 1.5 million or more.
(b)AAIf a question arises as to whether a fire fighter or
police officer is sufficiently physically or mentally fit to
continue the person ’s duties, the fire fighter or police officer
shall submit to the commission a report from the person ’s personal
53
physician, psychiatrist, or psychologist, as appropriate.
(c)AAIf the commission, the department head, or the fire
fighter or police officer questions the report, the commission
shall appoint a physician, psychiatrist, or psychologist, as
appropriate, to examine the fire fighter or police officer and to
submit a report to the commission, the department head, and the
person.
(d)AAIf the report of the appointed physician, psychiatrist,
or psychologist, as appropriate, disagrees with the report of the
fire fighter ’s or police officer ’s personal physician,
psychiatrist, or psychologist, as appropriate, the commission
shall appoint a three-member board composed of a physician, a
psychiatrist, and a psychologist, or any combination, as
appropriate, to examine the fire fighter or police officer. The
board ’s findings as to the person ’s fitness for duty shall determine
the issue.
(e)AAThe fire fighter or police officer shall pay the cost of
the services of the person ’s personal physician, psychiatrist, or
psychologist, as appropriate. The municipality shall pay all other
costs.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 26(h), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 890, Sec. 1, eff. Aug. 28, 1989.
Sec.A143.082.AAEFFICIENCY REPORTS. (a) The commission may
develop proper procedures and rules for semiannual efficiency
reports and grades for each fire fighter or police officer.
(b)AAIf the commission collects efficiency reports on fire
fighters or police officers, the commission shall provide each
person with a copy of that person ’s report.
(c)AAWithin 10 calendar days after the date a fire fighter or
police officer receives the copy of the person ’s efficiency report,
the person may make a statement in writing concerning the
efficiency report. The statement shall be placed in the person ’s
personnel file with the efficiency report.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 26(i), eff. Aug. 28, 1989.
54
Sec.A143.083.AAEMERGENCY APPOINTMENT OF TEMPORARY FIRE
FIGHTERS AND POLICE OFFICERS. (a) If a municipality is unable to
recruit qualified fire fighters or police officers because of the
maximum age limit prescribed by Section 143.023 and the
municipality ’s governing body finds that this inability creates an
emergency, the commission shall recommend to the governing body
additional rules governing the temporary employment of persons who
are 36 years of age or older.
(b)AAA person employed under this section:
(1)AAis designated as a temporary employee;
(2)AAis not eligible for pension benefits;
(3)AAis not eligible for appointment or promotion if a
permanent applicant or employee is available;
(4)AAis not eligible to become a full-fledged civil
service employee; and
(5)AAmust be dismissed before a permanent civil service
employee may be dismissed under Section 143.085.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.084.AACIVIL SERVICE STATUS AND PENSION BENEFITS FOR
CERTAIN FIRE FIGHTERS AND POLICE OFFICERS. (a) Each fire fighter
or police officer who, since December 31, 1969, has been
continuously employed as a temporary employee under the provision
codified as Section 143.083 has the full status of a civil service
employee with all the rights and privileges granted by Section
143.005.
(b)AAA fire fighter or police officer covered by Subsection
(a) is eligible to participate in earned pension benefits. The
person may buy back service credits in the pension fund in which the
permanent fire fighters or police officers in the department have
participated since that person ’s employment. The credits may be
bought at a rate determined by the actuary of the affected pension
fund.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.085.AAFORCE REDUCTION AND REINSTATEMENT LIST. (a)
55
If a municipality ’s governing body adopts an ordinance that vacates
or abolishes a fire or police department position, the fire fighter
or police officer who holds that position shall be demoted to the
position immediately below the vacated or abolished position. If
one or more positions of equal rank are vacated or abolished, the
fire fighters or police officers who have the least seniority in a
position shall be demoted to the position immediately below the
vacated or abolished position. If a fire fighter or police officer
is demoted under this subsection without charges being filed
against the person for violation of civil service rules, the fire
fighter or police officer shall be placed on a position
reinstatement list in order of seniority. If the vacated or
abolished position is filled or re-created within one year after
the date it was vacated or abolished, the position must be filled
from the reinstatement list. Appointments from the reinstatement
list shall be made in order of seniority. A person who is not on the
list may not be appointed to the position during the one-year period
until the reinstatement list is exhausted.
(b)AAIf a position in the lowest classification is abolished
or vacated and a fire fighter or police officer must be dismissed
from the department, the fire fighter or police officer with the
least seniority shall be dismissed. If a fire fighter or police
officer is dismissed under this subsection without charges being
filed against the person for violation of civil service rules, the
fire fighter or police officer shall be placed on a reinstatement
list in order of seniority. Appointments from the reinstatement
list shall be made in order of seniority. Until the reinstatement
list is exhausted, a person may not be appointed from an eligibility
list. When a person has been on a reinstatement list for three
years, the person shall be dropped from the list but shall be
restored to the list at the request of the commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.086.AAPOLITICAL ACTIVITIES. (a) While in uniform
or on active duty, a fire fighter or police officer may not take an
active part in another person ’s political campaign for an elective
position of the municipality.
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(b)AAFor the purposes of this section, a person takes an
active part in a political campaign if the person:
(1)AAmakes a political speech;
(2)AAdistributes a card or other political literature;
(3)AAwrites a letter;
(4)AAsigns a petition;
(5)AAactively and openly solicits votes; or
(6)AAmakes public derogatory remarks about a candidate
for an elective position of the municipality.
(c)AAA fire fighter or police officer may not be required to
contribute to a political fund or to render a political service to a
person or party. A fire fighter or police officer may not be
removed, reduced in classification or salary, or otherwise
prejudiced for refusing to contribute to a political fund or to
render a political service.
(d)AAA municipal official who attempts to violate Subsection
(c) violates this chapter.
(e)AAExcept as expressly provided by this section, the
commission or the municipality ’s governing body may not restrict a
fire fighter ’s or police officer ’s right to engage in a political
activity.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.087.AASTRIKE PROHIBITION. (a) A fire fighter or
police officer may not engage in a strike against the governmental
agency that employs the fire fighter or police officer.
(b)AAIn addition to the penalty prescribed by Section
143.016, if a fire fighter or police officer is convicted of an
offense for violating this section, the person shall be
automatically released and discharged from the fire or police
department. After the person is discharged from the department,
the person may not receive any pay or compensation from public funds
used to support the fire or police department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.088.AAUNLAWFUL RESIGNATION OR RETIREMENT. (a)
This section does not apply to a municipality with a population of
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1.5 million or more.
(b)AAA person commits an offense if the person accepts money
or anything of value from another person in return for retiring or
resigning from the person ’s civil service position.
(c)AAA person commits an offense if the person gives money or
anything of value to another person in return for the other person ’s
retirement or resignation from the person ’s civil service position.
(d)AAAn offense under this section is a Class A misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.089.AAPERSONNEL FILE. (a) The director or the
director ’s designee shall maintain a personnel file on each fire
fighter and police officer. The personnel file must contain any
letter, memorandum, or document relating to:
(1)AAa commendation, congratulation, or honor bestowed
on the fire fighter or police officer by a member of the public or by
the employing department for an action, duty, or activity that
relates to the person ’s official duties;
(2)AAany misconduct by the fire fighter or police
officer if the letter, memorandum, or document is from the
employing department and if the misconduct resulted in disciplinary
action by the employing department in accordance with this chapter;
and
(3)AAthe periodic evaluation of the fire fighter or
police officer by a supervisor.
(b)AAA letter, memorandum, or document relating to alleged
misconduct by the fire fighter or police officer may not be placed
in the person ’s personnel file if the employing department
determines that there is insufficient evidence to sustain the
charge of misconduct.
(c)AAA letter, memorandum, or document relating to
disciplinary action taken against the fire fighter or police
officer or to alleged misconduct by the fire fighter or police
officer that is placed in the person ’s personnel file as provided by
Subsection (a)(2) shall be removed from the employee ’s file if the
commission finds that:
(1)AAthe disciplinary action was taken without just
58
cause; or
(2)AAthe charge of misconduct was not supported by
sufficient evidence.
(d)AAIf a negative letter, memorandum, document, or other
notation of negative impact is included in a fire fighter ’s or
police officer ’s personnel file, the director or the director ’s
designee shall, within 30 days after the date of the inclusion,
notify the affected fire fighter or police officer. The fire
fighter or police officer may, on or before the 15th day after the
date of receipt of the notification, file a written response to the
negative letter, memorandum, document, or other notation.
(e)AAThe fire fighter or police officer is entitled, on
request, to a copy of any letter, memorandum, or document placed in
the person ’s personnel file. The municipality may charge the fire
fighter or police officer a reasonable fee not to exceed actual cost
for any copies provided under this subsection.
(f)AAThe director or the director ’s designee may not release
any information contained in a fire fighter ’s or police officer ’s
personnel file without first obtaining the person ’s written
permission, unless the release of the information is required by
law.
(g)AAA fire or police department may maintain a personnel
file on a fire fighter or police officer employed by the department
for the department ’s use, but the department may not release any
information contained in the department file to any agency or
person requesting information relating to a fire fighter or police
officer. The department shall refer to the director or the
director ’s designee a person or agency that requests information
that is maintained in the fire fighter ’s or police officer ’s
personnel file.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 25(c), eff. Aug. 28,
1989. Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 84, eff.
Sept. 1, 1989.
Sec. 143.090.AARELEASE OF PHOTOGRAPHS OF POLICE OFFICERS.AAA
department, commission, or municipality may not release a
photograph that depicts a police officer unless:
59
(1)AAthe officer has been charged with an offense by
indictment or by information;
(2)AAthe officer is a party in a civil service hearing
or a case before a hearing examiner or in arbitration;
(3)AAthe photograph is introduced as evidence in a
judicial proceeding; or
(4)AAthe officer gives written consent to the release
of the photograph.
Added by Acts 2011, 82nd Leg., R.S., Ch. 300 (H.B. 2006), Sec. 1,
eff. September 1, 2011.
SUBCHAPTER G. PROVISIONS APPLICABLE TO MUNICIPALITY WITH
POPULATION OF 1.5 MILLION OR MORE AND CERTAIN OTHER MUNICIPALITIES
Sec.A143.101.AASUBCHAPTER APPLICABLE PRIMARILY TO
MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE; APPLICATION
OF OTHER SUBCHAPTERS. (a) Except as otherwise provided, this
subchapter applies only to a municipality with a population of 1.5
million or more.
(b)AAExcept as otherwise provided, the provisions of
Subchapters A-F apply to each municipality covered under this
subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.1014.AANOTICE REQUIREMENT FOR CERTAIN MEETINGS OR
HEARINGS. (a) The department shall provide to a fire fighter or
police officer notice of the time and location of a meeting or
hearing not later than the 48th hour before the hour on which the
meeting or hearing is held if the meeting or hearing is:
(1)AArelated to an internal departmental or other
municipal investigation of the fire fighter or police officer at
which the fire fighter or police officer is required or entitled to
be present, including an interrogation;
(2)AArelated to a grievance filed by the fire fighter or
police officer under Sections 143.127 through 143.134; or
(3)AAan opportunity to respond to charges against the
fire fighter or police officer before the department terminates the
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fire fighter ’s or police officer ’s employment.
(b)AAA fire fighter or police officer may waive the notice
prescribed by this section.
Added by Acts 1989, 71st Leg., ch. 140, Sec. 1, eff. May 25, 1989.
Renumbered from 143.1016 by Acts 1990, 71st Leg., 6th C.S., ch. 12,
Sec. 2(19), eff. Sept. 6, 1990.
Sec.A143.1015.AACOMMISSION APPEAL PROCEDURE; SUBPOENA
REQUEST. (a) An appeal by a fire fighter or police officer to the
commission from an action for which an appeal or review is provided
by this chapter is sufficient if the fire fighter or police officer
files it with the commission within 15 days after the date the
action occurred. In an appeal provided by this chapter the
commission shall render a decision in writing within 60 days after
it received the notice of appeal, unless the provisions of Section
143.1017(d) have been invoked by the fire fighter or police
officer. If the commission does not render a decision in writing
within 60 days after the date it receives notice of the appeal, the
commission shall sustain the fire fighter ’s or police officer ’s
appeal.
(b)AAOn or before the 15th day before the date the appeal
hearing will be held, the commission shall notify the fire fighter
or police officer of the date on which the commission will hold the
hearing.
(c)AAThe commission may not restrict the fire fighter ’s or
police officer ’s ability to subpoena relevant witnesses.
(d)AAWithin three days after the date the fire fighter or
police officer receives the commission ’s written refusal to
subpoena materials, the fire fighter or police officer may request
in writing that the commission hold a hearing relating to the
reasons for that person ’s subpoena request.
(e)AAThe hearing relating to the reasons for the fire
fighter ’s or police officer ’s subpoena request shall be held on the
date set for the original appeal hearing. If the commission
overrules the subpoena request at the hearing:
(1)AAthe commission may hear the fire fighter ’s or
police officer ’s appeal on that date; or
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(2)AAif the commission finds that justice is served by a
continuance, the commission shall:
(A)AAreschedule the hearing to the commission ’s
next regularly scheduled meeting; and
(B)AAgive the fire fighter or police officer 15
days notice of that date.
(f)AAIf the commission sustains the fire fighter ’s or police
officer ’s subpoena request at the hearing, the commission shall:
(1)AAreschedule the appeal hearing date to the
commission ’s next regularly scheduled meeting; and
(2)AAgive the fire fighter or police officer 15 days
notice of that date.
(g)AAIf the commission reschedules a hearing under this
section in an appeal relating to an indefinite suspension, the
commission shall render a decision in writing within 60 days after
the date it receives notice of appeal.
(h)AAIf the commission does not hold a hearing on the fire
fighter ’s or police officer ’s subpoena request as prescribed by
this section, the commission shall sustain the fire fighter ’s or
police officer ’s appeal.
(i)AAA municipal employee who is subpoenaed to appear in any
appeal of a disciplinary decision is entitled to applicable pay for
the time the employee is required to be present at the hearing.
Witnesses whose testimony relates primarily to the character or
reputation of the employee shall be limited by the hearing examiner
or commission if the testimony is repetitious or unduly prolongs
the hearing. If the hearing examiner or commission limits the
number of character or reputation witnesses, additional witness
statements may be presented by affidavit. The character witnesses
are not entitled to applicable pay for the time they are required to
be present at the hearing.
(j)AAIn any hearing relating to the appeal or review of an
action of the department head that affects a fire fighter or police
officer, the department head shall have the burden of proof. The
department head is required to prove the allegations contained in
the written statement, and the department head is restricted to the
written statement and charges, which may not be amended.
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(k)AAIn an appeal to a hearing examiner, the director may,
within five working days after the date the hearing examiner is
chosen, send to the hearing examiner the following:
(1)AAthe name of the fire fighter or police officer who
is appealing;
(2)AAthe written reasons filed by the department head
with the commission in the case of a promotional passover or a
recommended demotion;
(3)AAthe specific provisions of the rules alleged to
have been violated in the case of a suspension; and
(4)AAthe date and place of the alleged civil service
violation.
The director may not send the hearing examiner the department
head ’s original written statement. The department head shall
submit the written statement and charges to the hearing examiner at
the hearing.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 25(d), eff. Aug. 28,
1989. Amended by Acts 1989, 71st Leg., ch. 854, Sec. 3, eff. June
14, 1989; Acts 1989, 71st Leg., ch. 906, Sec. 1, eff. Aug. 28, 1989.
Sec.A143.1016.AAHEARING EXAMINERS. (a) In addition to the
other notice requirements prescribed by this chapter, the letter of
disciplinary action issued to a fire fighter or police officer must
state that in an appeal of an indefinite suspension, a suspension, a
promotional pass over, or a recommended demotion, the appealing
fire fighter or police officer may elect to appeal to an independent
third party hearing examiner instead of to the commission. The
letter must also state that if the fire fighter or police officer
elects to appeal to a hearing examiner, the person waives all rights
to appeal to a district court except as provided by Subsection (j).
(b)AATo exercise the choice of appealing to a hearing
examiner, the appealing fire fighter or police officer must submit
to the director a written request as part of the original notice of
appeal required under this chapter stating the person ’s decision to
appeal to an independent third party hearing examiner.
(c)AAThe hearing examiner ’s decision is final and binding on
all parties. If the fire fighter or police officer decides to
63
appeal to an independent third party hearing examiner, the person
automatically waives all rights to appeal to a district court
except as provided by Subsection (j).
(d)AAIf the appealing fire fighter or police officer chooses
to appeal to a hearing examiner, the fire fighter or police officer
and the department head or their designees shall first attempt to
agree on the selection of an impartial hearing examiner. If the
parties do not agree on the selection of a hearing examiner on or
within 10 days after the date the appeal is filed and no motion to
consolidate is filed under Subsection (k) of this section, the
director shall on the next work day following notice that the
parties have failed to agree on a selection of a hearing examiner
request a list of seven qualified neutral arbitrators from the
American Arbitration Association or the Federal Mediation and
Conciliation Service or their successors in function. The fire
fighter or police officer and the department head or their
designees may agree on one of the seven neutral arbitrators on the
list. If they do not agree within 25 days after the date the appeal
was filed, each party or the party ’s designee shall on the 25th day
after the appeal was filed alternate striking a name from the list
and the name remaining is the hearing examiner. In the event that
the 25th day falls on a Saturday, Sunday, or a legal holiday, then
the parties shall strike the list the next work day. The parties or
their designees shall agree on a date for the hearing that is within
the time period prescribed by Subsection (e). In the event that the
director does not request the list of seven qualified neutral
arbitrators within the time prescribed by this subsection or the
department head or his designee fails to strike the list within the
time prescribed by this subsection, the fire fighter or police
officer or his designee shall select the arbitrator from the list
provided. In the event that the fire fighter or police officer or
his designee fails to strike the list within the time prescribed by
this subsection, the department head or his designee shall select
the arbitrator from the list provided.
(e)AAThe appeal hearing must begin within 60 days after the
date the appeal is filed and shall begin as soon as the hearing
examiner can be scheduled. If the hearing examiner cannot begin the
64
hearing within 45 calendar days after the date of selection, the
fire fighter or police officer may, within two days after learning
of that fact, call for the selection of a new hearing examiner using
the procedure prescribed by Subsection (d). If the appeal hearing
is not begun within 60 days after the date the appeal is filed, the
indefinite suspension, suspension, promotional pass over, or
recommended demotion is upheld and the appeal is withdrawn if the
fire fighter or police officer is not ready to proceed, and the
appeal is sustained if the department head is not ready to proceed.
In computing the 60-day period, a period of delay not to exceed 30
calendar days because of a continuance granted at the request of the
department head or his representative or the fire fighter or police
officer or his representative on good cause being shown, or because
of the unavoidable unavailability of the hearing examiner on the
date of the hearing, or because of the pendency of a motion to
consolidate with another hearing as provided in Subsection (k) of
this section is excluded. In no event may a hearing examiner grant
a continuance beyond 30 days in an indefinite suspension. A hearing
examiner may grant a continuance beyond the 30-day period upon good
cause being shown in a disciplinary suspension unless the fire
fighter or police officer has another disciplinary action pending.
(f)AAIn each hearing conducted under this section, the
hearing examiner has the same duties and powers as the commission,
including the right to issue subpoenas.
(g)AAIn a hearing conducted under this section, the parties
may agree to an expedited hearing procedure. Unless otherwise
agreed by the parties, in an expedited procedure the hearing
examiner shall render a decision on the appeal within 10 days after
the date the hearing closed.
(h)AAIn an appeal that does not involve an expedited hearing
procedure, the hearing examiner shall make a reasonable effort to
render a decision on the appeal within 30 days after the date the
hearing ends or the briefs are filed. The hearing examiner ’s
inability to meet the time requirements imposed by this section
does not affect the hearing examiner ’s jurisdiction, the validity
of the disciplinary action, or the hearing examiner ’s final
decision.
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(i)AAThe hearing examiner ’s fees and expenses are shared
equally by the appealing fire fighter or police officer and by the
department. The costs of a witness are paid by the party who calls
the witness.
(j)AAA district court may hear an appeal of a hearing
examiner ’s award only on the grounds that the arbitration panel was
without jurisdiction or exceeded its jurisdiction or that the order
was procured by fraud, collusion, or other unlawful means. If the
basis for the appeal of the hearing examiner ’s award is based on the
grounds that the arbitration panel was without jurisdiction or
exceeded its jurisdiction, the petition must be filed in district
court within 10 days of the hearing examiner ’s decision. An appeal
must be brought in the district court having jurisdiction in the
municipality in which the fire or police department is located. In
the event the municipality is located in more than one county then
the suit must be brought in the county having the majority of the
population of the municipality.
(k)AAIn an appeal of an indefinite suspension, a suspension,
a promotional pass over, or a recommended demotion, each appealing
fire fighter or police officer or the appealing fire fighter ’s or
police officer ’s representative shall be entitled to the selection
of a hearing examiner pursuant to Subsection (d) of this section to
hear the case. The fire fighter, police officer, department head,
or a representative of any of those may, within 10 days of the date
they received notice of the appeal, file a motion with a copy to the
opposing side to consolidate the case with that of one or more other
fire fighters or police officers where the charges arise out of the
same incident. The motion to consolidate may be agreed to in
writing and filed with the director. If a motion to consolidate the
cases is filed and not agreed to, a hearing examiner shall be chosen
pursuant to the provisions of Subsection (d) of this section to hear
the motion. The decision of the hearing examiner shall be final and
binding as to the issue of consolidation. The hearing examiner
chosen to hear the motion to consolidate shall not hear the case,
and the provisions of Subsection (d) of this section shall be used
to choose the hearing examiner with the day the decision is rendered
being the equivalent of the date the appeal was filed.
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Added by Acts 1989, 71st Leg., ch. 854, Sec. 4, eff. June 14, 1989.
Sec.A143.1017.AAPROCEDURES AFTER FELONY INDICTMENT OR OTHER
CRIME OF MORAL TURPITUDE. (a) If a fire fighter or police officer
is indicted for a felony or officially charged with the commission
of any other crime involving moral turpitude, the department head
may temporarily suspend the person with or without pay for a period
not to exceed 30 days after the date the fire fighter or police
officer gives notice of final disposition of the specified felony
indictment or any other crime involving moral turpitude.
(b)AAThe department head shall notify the suspended fire
fighter or police officer in writing that the person is being
temporarily suspended for a specific period with or without pay and
that the temporary suspension is not intended to reflect an opinion
on the merits of the indictment or complaint.
(c)AAIf the action directly related to the felony indictment
or misdemeanor complaint occurred or was discovered on or after the
180th day before the date of the indictment or complaint, the
department head may, within 60 days after the date of final
disposition of the indictment or complaint, bring a charge against
the fire fighter or police officer for a violation of civil service
rules.
(d)AAA fire fighter or police officer indicted for a felony
or officially charged with the commission of any other crime
involving moral turpitude who has also been charged by the
department head with civil service violations directly related to
the indictment or complaint may delay the civil service hearing for
not more than 30 days after the date of the final disposition of the
indictment or complaint.
(e)AAIf the department head temporarily suspends a fire
fighter or police officer under this section and the fire fighter or
police officer is not found guilty of the indictment or complaint in
a court of competent jurisdiction, the fire fighter or police
officer may appeal to the commission or to a hearing examiner for
recovery of back pay. The commission or hearing examiner may award
all or part of the back pay or reject the appeal.
(f)AAAcquittal or dismissal of an indictment or a complaint
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does not mean that a fire fighter or police officer has not violated
civil service rules and does not negate the charges that may have
been or may be brought against the fire fighter or police officer by
the department head.
(g)AAFinal conviction of a felony shall be the basis for
dismissal without notice or further proceedings under this Act, and
conviction of any other crime involving moral turpitude may be
cause for disciplinary action or indefinite suspension.
(h)AAThe department head may order an indefinite suspension
based on an act classified as a felony or any other crime involving
moral turpitude after the 180-day period following the date of the
discovery of the act by the department if the department head
considers delay to be necessary to protect a criminal investigation
of the person ’s conduct. If the department head intends to order an
indefinite suspension after the 180-day period, the department head
must file with the attorney general a statement describing the
criminal investigation and its objectives within 180 days after the
date the act complained of occurred.
Added by Acts 1989, 71st Leg., ch. 854, Sec. 2, eff. June 14, 1989.
Sec.A143.1018.AAEX PARTE COMMUNICATIONS. (a) While any
matter subject to a hearing under this chapter is pending, a person
may not, except in giving sworn testimony at the hearing or as
otherwise provided by law, communicate with the commission, a
hearing examiner, or a grievance examiner regarding the facts of
the matter under consideration unless the other party or their
representative is present. Notwithstanding the provisions of this
subsection, it shall not be a violation for either party to file
written briefs or written motions in the case if copies were served
on the opposing party.
(b)AAIf the commission, hearing examiner, grievance
examiner, or a court of competent jurisdiction determines that a
person has violated Subsection (a) on behalf of and with the
knowledge of the fire fighter or police officer who filed the
appeal, request for a review, or grievance, a ruling shall be
entered that dismisses the appeal, review, or grievance. If the
commission, hearing examiner, grievance examiner, or a court of
68
competent jurisdiction determines that a person violated
Subsection (a) on behalf of or in favor of the department head or
the department head ’s representative or on behalf of and with the
knowledge of a person against whom a grievance was filed, a ruling
shall be entered that upholds the position of the fire fighter or
police officer that filed the appeal, request for a review, or
grievance.
(c)AAWhile any matter subject to a hearing under the
grievance procedure of Section 143.130 is pending, the director
shall only send the name of the parties to the grievance, the
original grievance, the written responses to the grievance, and any
documents filed in the case by either party if copies were served
upon the opposing party.
Added by Acts 1989, 71st Leg., ch. 906, Sec. 2, eff. Aug. 28, 1989.
Sec.A143.102.AAAPPOINTMENT OF ASSISTANT CHIEF. (a) The head
of the fire or police department may appoint a person to a command
staff position at the rank of assistant chief as prescribed by this
section.
(b)AAThe heads of the fire and police departments shall
establish required qualifying criteria for persons appointed to
command staff positions at the rank of assistant chief in their
respective departments. The required qualifying criteria used to
select an assistant chief of the fire department must include
criteria relating to management experience, educational and
training background, special experience, and a performance
evaluation. The required qualifying criteria must be approved by a
vote of two-thirds of the municipality ’s governing body present and
voting. The head of the police or fire department may not make an
appointment until the required qualifying criteria are established
and approved as prescribed by this subsection.
(c)AATo be eligible for appointment to a position at the rank
of assistant chief of a police department, a person must:
(1)AAbe a member of the classified service;
(2)AAhave served for at least five years in the
department as a sworn police officer; and
(3)AAmeet the additional qualifying criteria
69
established and approved as prescribed by Subsection (b).
(d)AATo be eligible for appointment to a position at the rank
of assistant chief of a fire department, a person must:
(1)AAbe a member of the classified service;
(2)AAhave served for at least five years in the
department as a certified fire fighter; and
(3)AAmeet the additional qualifying criteria
established and approved as prescribed by Subsection (b).
(e)AAThe department head may remove without cause a person
appointed under this section. If a person is removed without cause,
the person shall be restored to that person ’s highest rank earned by
competitive examination.
(f)AAIf a person appointed under this section is temporarily
or indefinitely suspended for cause from the appointed position,
the suspension is subject to the procedures for disciplinary action
prescribed by this chapter. If a person is indefinitely suspended
for cause, the person does not have a right to reinstatement to the
highest rank earned by competitive examination except to the extent
that the indefinite suspension is reversed or modified by order of
the commission or a hearing examiner.
(g)AAA person occupying a position in the rank of assistant
chief of the fire or police department on September 1, 1985, may not
be removed except for cause in accordance with the procedures for
disciplinary action or demotion prescribed by this chapter.
(h)AAA person occupying a position in the rank of assistant
chief of a fire or police department may voluntarily demote himself
to the highest rank the person earned by competitive examination.
(i)AAA person may remove himself from consideration for
appointment under this section.
(j)AAA person appointed under this section may take any
promotional examination for which the person would have been
eligible under this chapter.
(k)AAA person appointed under this section is subject to
confirmation by the municipality ’s governing body.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 27(a), eff. Aug. 28, 1989.
70
Sec.A143.103.AASPECIALIZED POLICE DIVISIONS. (a) A peace
officer employed by a municipal department in which the peace
officer performs duties in a specialized police division, including
a person employed as a park police officer, airport police officer,
or municipal marshal, is entitled to civil service status under
this chapter. The governing body of the municipality employing a
peace officer in a specialized police division shall classify the
officer in accordance with Section 143.021 and the duties performed
by the peace officer.
(b)AAExcept for positions classified in the communication or
technical class, the governing body of the municipality employing a
peace officer in a specialized police division shall classify a
position in the division in the same class as a police officer
position that is not in a specialized police division. A member of a
particular division is eligible for promotion or lateral crossover
to a position outside that division. The head of the police
department, assistant chiefs of police, and deputy chiefs of
police, or their equivalent, regardless of name or title, may
exercise the full sanctions, powers, and duties of their respective
offices in the supervision, management, and control of the members
of those classes and divisions, subject to the decisions of the
department head regarding the chain of command in the department.
(c)AAIn departments in which a collective bargaining
agreement or a meet-and-confer agreement exists, Subsection (b)
must be approved by the collective bargaining agent,
meet-and-confer agent, or entity representing the sworn officers of
the department. This subsection does not apply to the transfer of
police officers.
(d)AAEach applicable provision of this chapter, including
the provisions relating to eligibility lists, examinations,
promotions, appointments, educational incentive pay, longevity or
seniority pay, certification pay, assignment pay, salary, vacation
leave, and disciplinary appeals, applies to a peace officer
employed by the municipality in a specialized police division as
provided by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 1195, Sec. 1, eff. Sept. 1, 1997.
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Sec.A143.104.AAEXAMINATION PROCEDURE. The commission shall
adopt rules to standardize the procedures for entrance and
promotional examinations. The rules must provide:
(1)AAthat each applicant have adequate space in which
to take the examination;
(2)AAthat each applicant be provided with a desk;
(3)AAthat the room in which the examination is held have
a public address system; and
(4)AAthe maximum number of times an applicant may leave
the room during the examination and the procedure each applicant
must follow when leaving or entering the room during the
examination.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.1041.AAENTRANCE EXAMINATION FOR BEGINNING PEACE
OFFICER POSITION IN POLICE DEPARTMENT. (a) In this section,
"police officer training academy" means a police officer training
academy operated or sponsored by a municipality to which this
section applies.
(b)AAThe commission shall provide for open, competitive, and
free entrance examinations to provide eligibility lists for
beginning peace officer positions in the police department.AAThe
examinations are open to each person who:
(1)AAmakes a proper application;
(2)AAhas been admitted to or is enrolled in a police
officer training academy as an academy trainee; and
(3)AAmeets the requirements prescribed by this chapter.
(c)AAThe entrance examination may be administered to
examinees only after the examinees are admitted to a police officer
training academy and before the examinees graduate from the
academy.
(d)AAAn eligibility list for a beginning peace officer
position in the police department may be created only as a result of
the examination.AAExcept as provided by Subsection (f), the
examination must be held in the presence of each examinee.AAThe
examination must be based on the examinee ’s general knowledge and
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aptitude and must inquire into the examinee ’s general education and
mental ability.AAA person may not be appointed to the police
department except as a result of the examination.
(e)AAAn examinee may not take an examination unless at least
one other examinee taking the examination is present.
(f)AAAn entrance examination for beginning peace officer
positions in the police department must be held at one or more
locations in the municipality in which the police department is
located and may be held at additional locations outside the
municipality.AAAn examination held at multiple locations must be
administered on the same day and at the same time at each location
at which it is given.AATo create one eligibility list, each member
of a police officer training academy class shall take the
examination at the same time and each examinee who takes that
examination shall:
(1)AAtake the same examination; and
(2)AAbe examined in the presence of other examinees.
(g)AAAn additional five points shall be added to the
examination grade of an examinee who:
(1)AAserved in the United States armed forces;
(2)AAreceived an honorable discharge from that service;
and
(3)AAmade a passing grade on the examination.
(h)AAThe grade to be placed on the eligibility list for each
examinee shall be computed by adding an examinee ’s points under
Subsection (g), if any, to the examinee ’s grade on the written
examination.AAEach examinee ’s grade on the written examination is
based on a maximum grade of 100 percent and is determined entirely
by the correctness of the examinee ’s answers to the questions.AAThe
minimum passing grade on the examination is 70 percent.AAAn
examinee must pass the examination to be placed on an eligibility
list.
Added by Acts 2007, 80th Leg., R.S., Ch. 27 (S.B. 339), Sec. 2, eff.
September 1, 2007.
Sec. 143.105.AAELIGIBILITY FOR BEGINNING POSITION IN POLICE
DEPARTMENT.AAIn addition to meeting the eligibility requirements
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prescribed by Section 143.023, to be certified as eligible for a
beginning position with a police department, a person must be at
least 21 years of age at the end of the probationary period and
have:
(1)AAserved in the United States armed forces and
received an honorable discharge;
(2)AAearned at least 60 hours ’ credit in any area of
study at an accredited college or university, of which not more than
12 hours ’ credit may be earned for training at the police officer
training academy operated or sponsored by the municipality; or
(3)AAbeen employed full-time for at least five years as
a peace officer licensed by:
(A)AAthe Texas Commission on Law Enforcement; or
(B)AAan acceptable licensing entity in another
state that has law enforcement officer licensing requirements
substantially equivalent to those of Chapter 1701, Occupations
Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 84 (S.B. 342), Sec. 1, eff.
September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 611 (H.B. 780), Sec. 1, eff.
September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.52, eff.
May 18, 2013.
Sec.A143.1051.AAELIGIBILITY FOR BEGINNING POSITION IN FIRE
DEPARTMENT. In addition to meeting the eligibility requirements
prescribed by Section 143.023, to be certified as eligible for a
beginning position with a fire department a person must:
(1)AAhave served in the United States Armed Forces and
received an honorable discharge; or
(2)AAhave earned at least 15 hours of credit in any area
of study at an accredited college or university.
Added by Acts 1991, 72nd Leg., ch. 841, Sec. 1, eff. Sept. 1, 1991.
Sec. 143.1055.AAAPPLICANT FOR BEGINNING POSITION IN POLICE
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DEPARTMENT WITH PREVIOUS EXPERIENCE. Notwithstanding any other
requirement of this chapter, for any applicant for a beginning
position in the police department who has previous experience as a
police officer with another police department, the police
department may:
(1)AAmodify the police officer training academy
requirements for the applicant; and
(2)AAallow the applicant to take the entrance
examination before completing the academy training.
Added by Acts 2005, 79th Leg., Ch. 629 (H.B. 2457), Sec. 1, eff.
June 17, 2005.
Sec.A143.106.AAELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL
EXAMINATION. (a) Each promotional examination is open to each fire
fighter who at any time has continuously held for at least two years
a position in the classification that is immediately below, in
salary, the classification for which the examination is to be held.
(b)AAIf the department has adopted a classification plan that
classifies positions on the basis of similarity in duties and
responsibilities, each promotional examination is open to each fire
fighter who has continuously held for at least two years a position
at the next lower pay grade, if it exists, in the class for which the
examination is to be held.
(c)AAIf there are not enough fire fighters in the next lower
position with two years ’ service in that position to provide an
adequate number of persons to take the examination, the commission
may open the examination to persons in that position with less than
two years ’ service. If there is still an insufficient number, the
commission may open the examination to persons with at least two
years ’ experience in the second lower position, in salary, to the
position for which the examination is to be held.
(d)AARepealed by Acts 1993, 73rd Leg., ch. 676, Sec. 4, eff.
Sept. 1, 1993.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 676, Sec. 4, eff. Sept. 1, 1993.
Sec.A143.107.AAPROMOTIONAL EXAMINATION NOTICE. (a)
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Notwithstanding Subsection (b), Section 143.029, before the 90th
day before the date a promotional examination in a fire department
is held, the commission shall post a notice of the examination in
plain view on a bulletin board located in the main lobby of the city
hall and in the commission ’s office. The notice must show the
position to be filled or for which the examination is to be held and
the date, time, and place of the examination. The commission shall
also furnish sufficient copies of the notice for posting in the
stations or subdepartments in which the position will be filled.
(b)AABefore the 30th day before the date a promotional
examination is held, the municipality shall post a notice of the
number of newly created positions. The notice must be posted in
plain view on a bulletin board located in the main lobby of the city
hall and in the commission ’s office. The municipality shall also
distribute the notice to all stations and subdepartments.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1991, 72nd Leg., ch. 263, Sec. 1, eff. Aug. 26, 1991.
Sec.A143.108.AAPROMOTIONAL EXAMINATION GRADES; PROMOTIONAL
APPOINTMENTS. (a) Each eligible promotional candidate from the
fire or police department who receives a grade of at least 70 points
on a promotional examination is considered to have passed that
examination.
(b)AAIf an eligibility list exists on the date a vacancy
occurs, the vacancy shall be filled by permanent appointment from
the eligibility list furnished by the commission within 60 days
after the date the vacancy occurs. If an eligibility list does not
exist, the vacancy shall be filled within 95 days after the date the
vacancy occurs from an eligibility list that the commission shall
provide within 90 days after the date the vacancy occurs.
(c)AAIf a fire or police department fails to fill a vacancy by
an appointment within the time required by Subsection (b), the fire
fighter or police officer who is appointed to fill the vacancy is
entitled to receive in a lump-sum payment the difference between
the pay that the fire fighter or police officer received during the
time that the position was unlawfully vacant and the pay that the
fire fighter or police officer would have received if the fire
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fighter or police officer had been appointed to the position on the
latest day provided for the appointment by Subsection (b). The fire
fighter ’s or police officer ’s seniority rights in the new position
also date to the latest day provided for the appointment by
Subsection (b).
(d)AAIf the municipality refuses to pay a fire fighter or to
grant a fire fighter seniority rights as provided by Subsection
(c), a fire fighter may bring an action to recover the pay and
seniority rights in a court of competent jurisdiction. A fire
fighter who prevails in a suit brought under this subsection is
entitled to recover three times the amount to which the fire fighter
is entitled under Subsection (c), seniority rights, costs of court,
and reasonable attorney fees.
(e)AAIf the municipality refuses to pay a police officer or
to grant a police officer seniority rights as provided by
Subsection (c), the police officer may bring an action to recover
the pay and seniority rights in a court of competent jurisdiction.
(f)AANotwithstanding Subsection (h), Section 143.036, each
promotional eligibility list in the fire department remains in
existence for two years after the date on which the written
examination is given, unless exhausted. At the expiration of the
two-year period, the eligibility list expires and a new examination
may be held.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 26(j), eff. Aug. 28, 1989; Acts
1991, 72nd Leg., ch. 263, Sec. 2, eff. Aug. 26, 1991; Acts 1991,
72nd Leg., ch. 870, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd
Leg., 1st C.S., ch. 14, Sec. 8.01(18), eff. Nov. 12, 1991; Acts
1993, 73rd Leg., ch. 676, Sec. 1, eff. Sept. 1, 1993; Acts 1997,
75th Leg., ch. 150, Sec. 1, eff. Sept. 1, 1997.
Sec.A143.109.AACROSSOVER PROMOTIONS IN POLICE DEPARTMENT.
(a) In this section:
(1)AA"Communications class" includes each person who
performs the technical operation of police radio communications.
(2)AA"Technical class" includes each person who
performs criminal laboratory analysis and interpretations or the
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technical aspects of criminal identification and photography.
(b)AAEach person employed by the police department who is a
member of the technical or communications class is eligible for a
promotion within that class.
(c)AAA member of the technical, communications, or uniformed
and detective class is not eligible for promotion to a position
outside that class, and lateral crossover by promotion is
prohibited. A person may change classes only by qualifying for and
entering the new class at the lowest entry level of that class.
(d)AAThe department head, assistant chiefs, and deputy
chiefs, or their equivalent, regardless of name or title, may
exercise the full sanctions, powers, and duties of their respective
offices in the supervision, management, and control of the members
of the technical, communications, and uniformed and detective
classes.
(e)AAEach provision of this chapter relating to eligibility
lists, examinations, appointments, and promotions applies to the
appointment or promotion of members of the technical,
communications, and uniformed and detective classes within the
members ’ respective class.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.1095.AATRANSFERS IN POSITION IN SAME CLASSIFICATION
IN FIRE DEPARTMENT. (a) The head of the fire department may
transfer a fire fighter from one position to another position in the
same classification in the fire department if the transfer is:
(1)AAa promotion or demotion of the fire fighter;
(2)AArequired to balance the work force;
(3)AAfor disciplinary reasons;
(4)AAbased on the seniority of the fire fighter;
(5)AAa result of a mutual agreement between the
department head and the fire fighter; or
(6)AAfor any other specified reason the department head
considers necessary.
(b)AAIf the department head transfers a fire fighter under
this section, the department head shall designate in a written
statement the basis for the transfer.
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Added by Acts 1989, 71st Leg., ch. 1, Sec. 28(a), eff. Aug. 28,
1989.
Sec.A143.110.AASALARY. (a) Except as provided by Subsection
(c) and Section 143.111, all fire fighters or police officers in the
same classification are entitled to the same base salary.
(b)AAIn addition to the base salary, each fire fighter or
police officer is entitled to each of the following types of pay, if
applicable:
(1)AAlongevity pay;
(2)AAseniority pay;
(3)AAeducational incentive pay as authorized by Section
143.112;
(4)AAassignment pay as authorized by Section 143.113;
and
(5)AAshift differential pay as authorized by Section
143.047.
(c)AAIn computing longevity pay and base pay under this
section for a police officer who has completed the department ’s
academy training requirements, the police department may include
the number of years, not to exceed five, that the police officer
served in another police department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1172, Sec. 2, eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 629 (H.B. 2457), Sec. 2, eff. June
17, 2005.
Sec.A143.111.AATEMPORARY DUTIES IN HIGHER CLASSIFICATION.
(a) The department head may designate a person from the next lower
classification to temporarily fill a position in a higher
classification. The designated person is entitled to the base
salary of the higher position plus the person ’s own longevity pay
during the time the person performs the duties. Any person who is
required to act in a position of higher classification in an
emergency situation shall be paid the base salary of the higher
position plus the person ’s own longevity pay for the entire shift
79
without respect to whether an emergency occurs on any particular
shift of duty.
(b)AAThe temporary performance of the duties of a higher
position by a person who has not been promoted as prescribed by this
chapter may not be construed as a promotion of the person.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 854, Sec. 12, eff. June 14, 1989.
Sec.A143.1115.AADETERMINATION OF PHYSICAL AND MENTAL
FITNESS. (a) This section provides the exclusive procedure for
determining whether a fire fighter or police officer is
sufficiently physically or mentally fit to continue the person ’s
duties or assignment.
(b)AAOn receiving a written order by the department head, a
fire fighter or police officer shall submit to the commission a
report from the person ’s personal physician, psychiatrist, or
psychologist, as appropriate.
(c)AAIf the commission, the department head, or the fire
fighter or police officer questions the report, the commission
shall appoint a physician, psychiatrist, or psychologist, as
appropriate, to examine the fire fighter or police officer and to
submit a report to the commission, the department head, and the
person.
(d)AAIf the report of the appointed physician, psychiatrist,
or psychologist, as appropriate, disagrees with the report of the
fire fighter ’s or police officer ’s personal physician,
psychiatrist, or psychologist, as appropriate, the commission
shall appoint an independent three-member board composed of a
physician, a psychiatrist, and a psychologist or any combination,
as appropriate, to examine the fire fighter or police officer. The
board shall submit to the commission a written report of its finding
regarding whether the fire fighter or police officer is
sufficiently physically or mentally fit to continue the person ’s
duties or assignment. The commission, at its next regularly
scheduled meeting after the date it receives the report of the
board, shall determine whether the fire fighter or police officer
is sufficiently physically or mentally fit to continue the person ’s
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duties or assignment. The commission shall base its determination
exclusively on the report of the board.
(e)AAThe fire fighter or police officer shall pay the cost of
the services of the person ’s personal physician, psychiatrist, or
psychologist, as appropriate. The municipality shall pay all other
costs.
(f)AAThe commission may not appoint a person to serve on a
board appointed under Subsection (d) if the person receives any
compensation from the municipality, other than compensation for the
person ’s services as a board member.
Added by Acts 1989, 71st Leg., ch. 890, Sec. 2, eff. Aug. 28, 1989.
Sec.A143.112.AAEDUCATIONAL INCENTIVE PAY. (a)AAIn this
section:
(1)AA"Accredited college or university" means a college
or university that is:
(A)AAaccredited by a nationally recognized
accrediting agency and by the state board of education in the state
in which the college or university is located; and
(B)AAapproved or certified by:
(i)AAthe Texas Commission on Law Enforcement
as teaching the core curriculum or its equivalent in law
enforcement; or
(ii)AAthe Texas Commission on Fire
Protection.
(2)AA"Core curriculum in law enforcement" means those
courses in law enforcement education approved by the Coordinating
Board, Texas College and University System, and the Texas
Commission on Law Enforcement.
(b)AAThe governing body of a municipality may authorize
educational incentive pay for:
(1)AAeach fire fighter within each classification who
has successfully completed courses at an accredited college or
university that are applicable toward a degree in fire science; or
(2)AAeach police officer within each classification who
has successfully completed courses at an accredited college or
university that are applicable toward a degree in law
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enforcement--police science and include the core curriculum in law
enforcement.
(c)AAThe educational incentive pay is in addition to the
regular pay received by a fire fighter or police officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.53, eff.
May 18, 2013.
Sec.A143.113.AAASSIGNMENT PAY. (a) In this section:
(1)AA"Bilingual personnel" means a member of the fire
or police department who in the performance of the member ’s duties
is capable of effectively translating orally a language other than
English into English, and when necessary, effectively translating
the language into written English.
(2)AA"Emergency ambulance attendant" means a member of
the fire department who provides emergency medical care and
emergency transportation for members of the public.
(3)AA"Field training officer" means a member of the
fire department who is assigned to and performs the duties and
responsibilities of the field training officers program.
(4)AA"Hazardous materials response team personnel"
means a member of the fire department who is assigned to a hazardous
materials response team and stabilizes or participates in the
stabilization of hazardous materials in an emergency.
(b)AAThe municipality ’s governing body may authorize
assignment pay for emergency ambulance attendants, field training
officers, and hazardous materials response team personnel. The
municipality ’s governing body may authorize assignment pay for fire
fighters or police officers who perform specialized functions in
their respective departments, including but not limited to career
patrol officers. The assignment pay is in an amount and is payable
under conditions set by ordinance and is in addition to the regular
pay received by members of the fire department. The head of the
fire department or police department is not eligible for the
assignment pay authorized by this subsection.
(c)AAThe municipality ’s governing body may authorize
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assignment pay for bilingual personnel performing specialized
functions as interpreters or translators in their respective
departments. The assignment pay is in an amount and is payable
under conditions set by ordinance and is in addition to the regular
pay received by members of the fire or police department. If the
ordinance applies equally to each person who meets the criteria
established by the ordinance, the ordinance may provide for payment
to each fire fighter or police officer who meets testing or other
certification criteria for an assignment, or the ordinance may set
criteria that will determine the foreign languages in which a
person must be fluent or other criteria for eligibility. The
ordinance may provide for different rates of pay according to a
person ’s capability and may allow more pay to those persons who are
capable of translating orally and into written English. The heads
of the fire and police departments are not eligible for the
assignment pay authorized by this subsection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 854, Sec. 5, eff. June 14, 1989.
Sec.A143.114.AAASSIGNMENT PAY IN MUNICIPALITY WITH
POPULATION OF 1.2 MILLION OR MORE. (a) In this section:
(1)AA"Bomb squad personnel" means a member of the
police department who is assigned to the bomb squad and
participates in the detection, handling, or disarming of explosive
devices or materials.
(2)AA"Helicopter personnel" means a member of the
police department who pilots a helicopter or rides as an observer in
a helicopter.
(3)AA"Special weapons and tactics personnel" means a
member of the police department who is assigned to and performs the
duties and responsibilities of the special weapons and tactics
squad.
(4)AA"Motorcycle personnel" means a member of the
police department who is assigned to and performs the duties of the
motorcycle patrol detail.
(5)AA"Dive team personnel" means a member of the police
department who is assigned to and performs underwater search and
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rescue work.
(b)AAIn a municipality with a population of 1.5 million or
more, the municipality ’s governing body may authorize assignment
pay for:
(1)AAhelicopter personnel;
(2)AAbomb squad personnel;
(3)AAspecial weapons and tactics personnel;
(4)AAmotorcycle personnel;
(5)AAdive team personnel; and
(6)AApolice officers who perform specialized functions
in their respective departments, including but not limited to
career patrol officers.
(c)AAThe assignment pay is in an amount and is payable under
conditions set by ordinance and is in addition to the regular pay
received by members of the police department. The head of the
police department is not eligible for the assignment pay authorized
by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 35, Sec. 1, eff. Aug. 28, 1989; Acts
1995, 74th Leg., ch. 289, Sec. 1, eff. Aug. 28, 1995; Acts 2001,
77th Leg., ch. 669, Sec. 61, eff. Sept. 1, 2001.
Sec.A143.115.AAPAYMENT OF ACCUMULATED VACATION LEAVE IN
POPULOUS MUNICIPALITY. (a) This section applies only to a
municipality with a population of 1.1 million or more.
(b)AAA fire fighter or police officer who leaves the
classified service for any reason is entitled to receive in a
lump-sum payment the full amount of the person ’s salary for the
period of the person ’s accumulated vacation leave up to a maximum of
60 working days.
(c)AAA fire fighter or police officer who leaves the
classified service or dies as the result of a line of duty injury or
illness or the beneficiaries of that fire fighter or police officer
are entitled to the full amount of the fire fighter ’s or police
officer ’s salary for the total accumulated vacation leave.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 669, Sec. 62, 63, eff. Sept. 1, 2001.
84
Sec.A143.1155.AAACCUMULATED VACATION AND HOLIDAY LEAVE. A
fire fighter or police officer who leaves the classified service
due to disability or the beneficiary of a fire fighter or police
officer who dies is entitled to receive a lump-sum payment of the
full amount of the fire fighter ’s or police officer ’s accumulated
vacation and holiday leave.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 2, eff. Sept. 1, 1993.
Sec.A143.116.AAPAYMENT OF SICK LEAVE ON TERMINATION OF
SERVICE. (a) A fire fighter or police officer who leaves the
classified service for any reason or the beneficiaries of a fire
fighter or police officer who dies as a result of a line of duty
injury or illness are entitled to receive in a lump-sum payment the
full amount of the fire fighter ’s or police officer ’s accumulated
sick leave as provided by Subsections (b)-(e).
(b)AAA fire fighter or police officer hired before September
1, 1985, is entitled to have sick leave accumulated without limit.
Sick leave accumulated before September 1, 1985, is valued at the
amount of the fire fighter ’s or police officer ’s salary on August
31, 1985. Sick leave accumulated after September 1, 1985, is valued
at the fire fighter ’s or police officer ’s average salary in the
fiscal year in which the sick leave was accumulated.
(c)AAEach day or part of a day of sick leave used by a fire
fighter or police officer is charged to that person ’s earliest
acquired unused accumulated day of sick leave, in the same manner as
is used in the "first in, first out" accounting principle.
(d)AAEach fire fighter or police officer hired before
September 1, 1985, may select coverage under the municipal
ordinance governing sick leave benefits and policy for the
municipal employees who are not subject to this chapter. This
option is a onetime only option that expires on December 31 of the
year in which this section takes effect in that municipality.
(e)AAThe sick leave of a fire fighter or police officer who
becomes a member of the fire or police department on or after
September 1, 1985, is covered by the municipal ordinance governing
sick leave benefits and policy for the municipal employees who are
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not subject to this chapter.
(f)AAThe municipality shall provide in its annual budget a
sum reasonably calculated to provide funding for sick leave
benefits for the fiscal year covered by that budget.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.117.AADISCIPLINARY SUSPENSIONS. (a) The head of
the fire or police department may suspend a fire fighter or police
officer under the department head ’s supervision or jurisdiction for
disciplinary reasons for a reasonable period not to exceed 15 days.
(b)AAThe department head may suspend a fire fighter or police
officer under this section only if the person violates a civil
service rule. However, the department head may not suspend a fire
fighter or police officer later than the 180th day after the date
the department discovers or becomes aware of the civil service rule
violation. If, during an investigation of an alleged civil service
rule violation, it is alleged that the fire fighter or police
officer under investigation committed another violation of a civil
service rule connected with the first alleged violation, the
180-day period prescribed by this subsection does not begin again
for purposes of a suspension of the fire fighter or police officer
if the second violation in question does not involve untruthfulness
or refusal to obey a valid order to make a statement, and therefore
the department head may not suspend a fire fighter or police officer
for the second violation later than the 180th day after the date the
department discovers or becomes aware of the original violation.
(c)AAIf the department head suspends a fire fighter or police
officer, the department head shall, within 120 hours after the fire
fighter or police officer is notified of the suspension, file a
written statement of action with the commission.
(d)AAThe suspension is void and the fire fighter or police
officer is entitled to the person ’s full pay if:
(1)AAthe department head fails to file the statement
during the required time; or
(2)AAthe suspension is imposed later than the 180th day
after the date the department discovers or becomes aware of the
violation that resulted in the suspension.
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(e)AAA fire fighter or police officer may appeal a
disciplinary suspension as prescribed by Sections 143.010 and
143.1015.
(f)AAThe provisions of Subsections (d) and (e) of Section
143.119 of this chapter apply to this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 25(e), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 409, Sec. 1, eff. Aug. 28, 1989; Acts 1989,
71st Leg., ch. 854, Sec. 6, eff. June 14, 1989.
Sec.A143.118.AAAPPEAL OF DISCIPLINARY SUSPENSION. (a) If a
suspended fire fighter or police officer appeals a disciplinary
suspension to the commission, the commission shall determine if
just cause exists for the suspension.
(b)AAIf the commission finds that the period of disciplinary
suspension should be reduced, the commission may order a reduction
in the period of suspension. The commission may reverse the
department head ’s decision and instruct the department head to
immediately restore the fire fighter or police officer to the
person ’s prior position and to repay the person for any lost wages.
(c)AAIf the department head refuses to obey a commission
order, the provisions of Section 143.120 relating to the department
head ’s refusal apply.
(d)AAThe provisions of Subsections (b) and (e) of Section
143.120 of this chapter apply to this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 854, Sec. 7, eff. June 14, 1989.
Sec.A143.119.AAINDEFINITE SUSPENSIONS. (a) The head of the
fire or police department may indefinitely suspend a fire fighter
or police officer under the department head ’s supervision or
jurisdiction for the violation of a civil service rule.
(b)AAIf the department head suspends a fire fighter or police
officer, the department head shall, within 120 hours after the hour
of suspension, file a written statement with the commission giving
the reasons for the suspension. The department head shall
immediately deliver a copy of the statement in person to the
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suspended fire fighter or police officer.
(c)AAThe copy of the written statement must inform the
suspended fire fighter or police officer that if the person wants to
appeal to the commission, the person must file a written appeal with
the commission within 10 days after the date the person receives the
copy of the statement.
(d)AAThe written statement filed by the department head with
the commission must point out the civil service rule alleged to have
been violated by the suspended fire fighter or police officer and
must describe the alleged acts of the person that the department
head contends are in violation of the civil service rules. It is
not sufficient for the department head merely to refer to the
provisions of the rules alleged to have been violated.
(e)AAIf the department head does not specifically point out
in the written statement the act or acts of the fire fighter or
police officer that allegedly violated civil service rules, the
commission shall promptly reinstate the person.
(f)AAIf the department head offers a suspension of 16 to 90
calendar days for violation of civil service rules, the fire
fighter or police officer may agree in writing to voluntarily
accept the suspension, with no right of appeal. The fire fighter or
police officer must accept the offer within five working days after
the date the offer is made. If the person refuses the offer and
wants to appeal to the commission, the person must file a written
appeal with the commission within 15 days after the date the person
receives the copy of the written statement of suspension.
(g)AAIn the original written statement and charges and in any
hearing conducted under this chapter, the department head may not
complain of an act that did not occur within the six-month period
preceding the date on which the department head suspends the fire
fighter or police officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.120.AAAPPEAL OF INDEFINITE SUSPENSION. (a) Except
as provided by Section 143.1015(g), if a suspended fire fighter or
police officer appeals an indefinite suspension to the commission,
the commission shall hold a hearing and render a decision in writing
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within 30 days after the date it receives notice of appeal.
(b)AAIn a hearing conducted under this section, the
department head is restricted to the department head ’s original
written statement and charges, which may not be amended.
(c)AAIn its decision, the commission shall state whether the
suspended fire fighter or police officer is:
(1)AApermanently dismissed from the fire or police
department;
(2)AAtemporarily suspended from the department; or
(3)AArestored to the person ’s former position or status
in the department ’s classified service.
(c-1)AAA temporary suspension of a firefighter under
Subsection (c)(2) may not exceed 90 calendar days.
(d)AAIf the suspended fire fighter or police officer is
restored to the position or class of service from which the person
was suspended, the department head shall immediately reinstate the
person as ordered, and the person is entitled to full compensation
at the rate of pay provided for the position or class of service
from which the person was suspended for the actual time lost as a
result of the suspension, as provided by Section 143.1215. If the
department head fails to reinstate the fire fighter or police
officer, the person is entitled to the person ’s salary as if the
person had been regularly reinstated.
(e)AAThe commission may suspend or dismiss a fire fighter or
police officer only for violation of civil service rules and only
after a finding by the commission of the truth of specific charges
against the fire fighter or police officer.
(f)AAIf the department head intentionally refuses, for at
least 10 days, to obey an order to reinstate a fire fighter or
police officer, the municipality ’s chief executive or governing
body shall discharge the department head from employment with the
municipality.
(g)AAIf a department head intentionally refuses to obey a
lawful commission order of reinstatement, the commission may punish
the department head for contempt. The commission has the same
authority to punish for contempt as has a justice of the peace.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
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by Acts 1989, 71st Leg., ch. 1, Sec. 25(f), 29(b), eff. Aug. 28,
1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1161 (H.B. 2516), Sec. 1, eff.
June 17, 2011.
Sec.A143.121.AAAPPEAL TO DISTRICT COURT. Each appeal of an
indefinite suspension to a district court shall be advanced on the
district court docket and given a preference setting over all other
cases.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.1214.AARECORDS RELATED TO DISCIPLINARY ACTIONS OR
CHARGES OF MISCONDUCT. (a)AAThe human resources director for the
department promptly shall order that the records of a disciplinary
action that was taken against a fire fighter or police officer be
expunged from each file maintained on the fire fighter or police
officer by the department if the disciplinary action was entirely
overturned on appeal by the commission, an independent third-party
hearing examiner, or a court of competent jurisdiction.AADocuments
that must be expunged under this subsection include all documents
that indicate disciplinary action was recommended or taken against
the fire fighter or police officer, such as the recommendations of a
disciplinary committee or a letter of suspension.AAThis subsection
does not apply if the fire fighter or police officer is charged with
using excessive force that results in a death or injury and the
charge is being investigated by a law enforcement or criminal
justice agency other than the department.AAThis subsection does not
require that records of an internal affairs division or other
similar internal investigative division be expunged.
(b)AAThe department shall maintain an investigatory file
that relates to a disciplinary action against a fire fighter or
police officer that was overturned on appeal, or any document in the
possession of the department that relates to a charge of misconduct
against a fire fighter or police officer, regardless of whether the
charge is sustained, only in a file created by the department for
the department ’s use. The department may only release information
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in those investigatory files or documents relating to a charge of
misconduct:
(1)AAto another law enforcement agency or fire
department;
(2)AAto the office of a district or United States
attorney; or
(3)AAin accordance with Subsection (c).
(c)AAThe department head or the department head ’s designee
may forward a document that relates to disciplinary action against
a fire fighter or police officer to the director or the director ’s
designee for inclusion in the fire fighter ’s or police officer ’s
personnel file maintained under Sections 143.089(a)-(f) only if:
(1)AAdisciplinary action was actually taken against the
fire fighter or police officer;
(2)AAthe document shows the disciplinary action taken;
and
(3)AAthe document includes at least a brief summary of
the facts on which the disciplinary action was based.
(d)AAThe legal division of the municipality, or its designee,
shall provide legal representation in any action related to the
release of a file or part of a file.
(e)AAThe requirements of this section are in addition to the
requirements of Section 143.089.AAThis section does not prevent a
fire fighter or police officer from obtaining access to any
personnel file maintained by the director or the department, other
than a file maintained by an internal affairs division or other
similar internal investigative division, on the fire fighter or
police officer under Section 143.089.
Added by Acts 1993, 73rd Leg., ch. 220, Sec. 1, eff. Aug. 30, 1993.
Amended by Acts 2001, 77th Leg., ch. 748, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 300 (H.B. 2006), Sec. 2, eff.
September 1, 2011.
Sec.A143.1215.AAREINSTATEMENT. (a) If the commission, a
hearing examiner, or a district court orders that a fire fighter or
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police officer suspended without pay be reinstated, the
municipality shall, before the end of the second full pay period
after the date the person is reinstated, repay to the person all
wages lost as a result of the suspension.
(b)AAIf the municipality does not fully repay all lost wages
to the fire fighter or police officer as provided by this section,
the municipality shall pay the person an amount equal to the lost
wages plus accrued interest.
(c)AAInterest under Subsection (b) accrues beginning on the
date of the fire fighter ’s or police officer ’s reinstatement at a
rate equal to three percent plus the rate for court judgments under
Chapter 304, Finance Code, that is in effect on the date of the
person ’s reinstatement.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 29(c), eff. Aug. 28,
1989. Amended by Acts 1997, 75th Leg., ch. 1396, Sec. 36, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 7.80, eff. Sept.
1, 1999.
Sec.A143.1216.AACERTAIN NONDISCIPLINARY ACTIONS. (a) The
department may use a supervisory intervention procedure or a policy
and procedure inquiry to modify a police officer ’s behavior
through:
(1)AApositive encouragement;
(2)AAcounseling;
(3)AAjob skills training;
(4)AArepeat task performances, classes, or exercises;
or
(5)AAreeducation efforts, including a review of:
(A)AAgeneral department orders;
(B)AAstandard operating procedures; or
(C)AAlesson plans from a police officer training
academy.
(b)AAA supervisory intervention procedure or a policy and
procedure inquiry regarding a police officer is not considered a
disciplinary action for any purpose.
(c)AAA police officer who is the subject of a supervisory
intervention procedure or a policy and procedure inquiry may not
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file an appeal or grievance regarding the action taken by the
department.
(d)AAThe department may not include a record of a supervisory
intervention procedure or a policy and procedure inquiry regarding
a police officer in the police officer ’s personnel file maintained
under Section 143.089 or in the department file maintained under
Section 143.089(g).
(e)AAThe department may include a record of a supervisory
intervention procedure or a policy and procedure inquiry regarding
a police officer in a file maintained by the division of the
department in which the police officer is employed. The record in
the division file may be considered in a periodic performance
evaluation of the police officer ’s performance only if the
supervisory intervention procedure or policy and procedure inquiry
occurred during the performance period that is the subject of the
performance evaluation.
(f)AAThe department may maintain an electronic record of
supervisory intervention procedures or policy and procedure
inquiries that may be used only by the department for tracking and
statistical purposes.
Added by Acts 2001, 77th Leg., ch. 748, Sec. 2, eff. Sept. 1, 2001.
Sec.A143.122.AAUNCOMPENSATED DUTY. (a) In this section,
"uncompensated duty" means days of work without pay in a fire or
police department and does not include a regular or normal work day.
(b)AAThe head of the fire or police department may assign a
fire fighter or police officer under the department head ’s
jurisdiction or supervision to uncompensated duty. The department
head may not impose uncompensated duty unless the fire fighter or
police officer agrees to the duty.
(c)AAIf the fire fighter or police officer agrees in writing
to accept uncompensated duty, the department head shall give the
person a written statement that specifies the date or dates on which
the person will perform the duty. A fire fighter or police officer
who agrees to accept the duty does not have a right to an
administrative or judicial review.
(d)AAThe uncompensated duty may be in place of or in
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combination with a period of disciplinary suspension without pay.
If uncompensated duty is combined with a disciplinary suspension,
the total number of uncompensated duty days may not exceed 15.
(e)AAA fire fighter or police officer may not earn or accrue a
benefit arising from length of service or any wage or salary while
the person is suspended or performing uncompensated duty.
(f)AAA disciplinary suspension does not constitute a break in
a continuous position or in service in the department in
determining eligibility for a promotional examination.
(g)AAExcept as provided by this section, a fire fighter or
police officer performing assigned uncompensated duty retains all
rights and privileges of the person ’s position in the department
and of the person ’s employment by the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.123.AAINVESTIGATION OF FIRE FIGHTERS AND POLICE
OFFICERS. (a) In this section:
(1)AA"Complainant" means a person claiming to be the
victim of misconduct by a fire fighter or police officer.
(2)AA"Investigation" means an administrative
investigation, conducted by the municipality, of alleged
misconduct by a fire fighter or police officer that could result in
punitive action against that person.
(3)AA"Investigator" means an agent or employee of the
municipality who is assigned to conduct an investigation.
(4)AA"Punitive action" means a disciplinary
suspension, indefinite suspension, demotion in rank, reprimand, or
any combination of those actions.
(5)AA"Normally assigned working hours" includes those
hours during which a fire fighter or police officer is actually at
work or at the person ’s assigned place of work, but does not include
any time when the person is off duty on authorized leave, including
sick leave.
(b)AAAn investigator may interrogate a fire fighter or police
officer who is the subject of an investigation only during the fire
fighter ’s or police officer ’s normally assigned working hours
unless:
94
(1)AAthe seriousness of the investigation, as
determined by the fire fighter ’s or police officer ’s department
head or the department head ’s designee, requires interrogation at
another time; and
(2)AAthe fire fighter or police officer is compensated
for the interrogation time on an overtime basis.
(c)AAThe department head may not consider work time missed
from regular duties by a fire fighter or police officer due to
participation in the conduct of an investigation in determining
whether to impose a punitive action or in determining the severity
of a punitive action.
(d)AAAn investigator may not interrogate a fire fighter or
police officer who is the subject of an investigation or conduct any
part of the investigation at that person ’s home without that
person ’s permission.
(e)AAA person may not be assigned to conduct an investigation
if the person is the complainant, the ultimate decisionmaker
regarding disciplinary action, or a person who has any personal
involvement regarding the alleged misconduct.AAA fire fighter or
police officer who is the subject of an investigation has the right
to inquire and, on inquiry, to be informed of the identities of each
investigator participating in an interrogation of the fire fighter
or police officer.AANot later than the 30th day after the date that
a complaint is received by an investigator, the investigator must
inform the fire fighter in writing of the nature of the
investigation and the name of each person who complained about the
fire fighter, if known, concerning the matters under investigation
unless:
(1)AAa criminal investigation has been initiated as a
result of the complaint; or
(2)AAthe disclosure of information concerning the name
of the complainant or the matters under investigation would hinder
a criminal investigation.
(f)AABefore an investigator may interrogate a fire fighter or
police officer who is the subject of an investigation, the
investigator must inform the fire fighter or police officer in
writing of the nature of the investigation and the name of each
95
person who complained about the fire fighter or police officer
concerning the matters under investigation. An investigator may
not conduct an interrogation of a fire fighter or police officer
based on a complaint by a complainant who is not a peace officer
unless the complainant verifies the complaint in writing before a
public officer who is authorized by law to take statements under
oath. In an investigation authorized under this subsection, an
investigator may interrogate a fire fighter or police officer about
events or conduct reported by a witness who is not a complainant
without disclosing the name of the witness. Not later than the 48th
hour before the hour on which an investigator begins to interrogate
a fire fighter or police officer regarding an allegation based on a
complaint, affidavit, or statement, the investigator shall give the
fire fighter or police officer a copy of the affidavit, complaint,
or statement. An interrogation may be based on a complaint from an
anonymous complainant if the departmental employee receiving the
anonymous complaint certifies in writing, under oath, that the
complaint was anonymous. This subsection does not apply to an
on-the-scene investigation that occurs immediately after an
incident being investigated if the limitations of this subsection
would unreasonably hinder the essential purpose of the
investigation or interrogation. If the limitation would hinder the
investigation or interrogation, the fire fighter or police officer
under investigation must be furnished, as soon as practicable, a
written statement of the nature of the investigation, the name of
each complaining party, and the complaint, affidavit, or statement.
(g)AAAn interrogation session of a fire fighter or police
officer who is the subject of an investigation may not be
unreasonably long. In determining reasonableness, the gravity and
complexity of the investigation must be considered. The
investigators shall allow reasonable interruptions to permit the
fire fighter or police officer to attend to personal physical
necessities.
(h)AAAn investigator may not threaten a fire fighter or
police officer who is the subject of an investigation with punitive
action during an interrogation. However, an investigator may
inform a fire fighter or police officer that failure to truthfully
96
answer reasonable questions directly related to the investigation
or to fully cooperate in the conduct of the investigation may result
in punitive action.
(i)AAIf prior notification of intent to record an
interrogation is given to the other party, either the investigator
or the fire fighter or police officer who is the subject of an
interrogation may record the interrogation.
(j)AAIf an investigation does not result in punitive action
against a fire fighter or police officer but does result in a
reprimand recorded in writing or an adverse finding or
determination regarding that person, the reprimand, finding, or
determination may not be placed in that person ’s personnel file
unless the fire fighter or police officer is first given an
opportunity to read and sign the document. If the fire fighter or
police officer refuses to sign the reprimand, finding, or
determination, it may be placed in the personnel file with a
notation that the person refused to sign it. A fire fighter or
police officer may respond in writing to a reprimand, finding, or
determination that is placed in the person ’s personnel file under
this subsection by submitting a written response to the department
head within 10 days after the date the fire fighter or police
officer is asked to sign the document. The response shall be placed
in the personnel file. A fire fighter or police officer who
receives a punitive action and who elects not to appeal the action
may file a written response as prescribed by this subsection within
10 days after the date the person is given written notice of the
punitive action from the department head.
(k)AAIf the department head or any investigator violates any
of the provisions of this section while conducting an
investigation, the municipality shall reverse any punitive action
taken pursuant to the investigation including a reprimand, and any
information obtained during the investigation shall be
specifically excluded from introduction into evidence in any
proceeding against the fire fighter or police officer.
(l)AADeleted by Acts 1989, 71st Leg., ch. 1, Sec. 25(h), eff.
Aug. 28, 1989.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
97
by Acts 1989, 71st Leg., ch. 1, Sec. 25(g), (h), 30(a), eff. Aug.
28, 1989; Acts 1989, 71st Leg., ch. 140, Sec. 2 to 4, eff. May 25,
1989; Acts 1989, 71st Leg., ch. 854, Sec. 8, eff. June 14, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 678 (H.B. 1561), Sec. 1, eff.
June 15, 2007.
Sec.A143.124.AAPOLYGRAPH EXAMINATIONS. (a) A fire fighter
employed by the municipality may not be required to submit to a
polygraph examination as part of an internal investigation
regarding the conduct of the fire fighter unless:
(1)AAthe complainant submits to and passes a polygraph
examination and, if applicable, the fire department has complied
with Subsection (c); or
(2)AAthe fire fighter is ordered to take an examination
under Subsection (f).
(b)AASubsection (a)(1) does not apply if the complainant is
physically or mentally incapable of being polygraphed.
(c)AAThe fire department shall, on the written request of a
fire fighter, provide to the fire fighter the complainant ’s
polygraph examination results within 48 hours after the request.
(d)AAFor the purposes of this section, a fire fighter passes
a polygraph examination if, in the opinion of the polygraph
examiner, no deception is indicated regarding matters critical to
the subject matter under investigation.
(e)AAThe results of a polygraph examination that relate to
the complaint under investigation are not admissible in a
proceeding before the commission or a hearing examiner.
(f)AAThe fire department head may order a fire fighter to
submit to a polygraph examination if the fire department head
considers the circumstances to be extraordinary and the fire
department head believes that the integrity of a fire fighter or the
fire department is in question.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 31(a), eff. Aug. 28, 1989; Acts
1997, 75th Leg., ch. 1303, Sec. 2, eff. June 20, 1997.
98
Sec.A143.125.AAPOLICE DEPARTMENT PROBATIONARY PERIOD AFTER
REAPPOINTMENT IN POPULOUS MUNICIPALITY. (a) This section applies
only to a municipality with a population of 1.5 million or more.
(b)AAA person who ends service with the police department for
any reason and is later reappointed to the department must serve a
probationary period of six months from the date of reappointment.
(c)AAThe reappointed officer is not entitled to full civil
service protection until the officer has served the full
probationary period.
(d)AAIn determining classification, pay status, and
eligibility for promotion, the probationary period is counted as if
the reappointed officer were not on probation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 669, Sec. 64, 65, eff. Sept. 1, 2001.
Sec.A143.1251.AAREAPPOINTMENT AFTER RESIGNATION. The
commission may adopt rules to allow a police officer who
voluntarily resigns from the department to be reappointed to the
department without taking another departmental entrance
examination.
Added by Acts 1995, 74th Leg., ch. 64, Sec. 3, eff. Sept. 1, 1995.
Sec.A143.126.AALEGISLATIVE LEAVE. (a) A fire fighter or
police officer is entitled to legislative leave without pay to
appear before or to petition a governmental body during a regular or
special session of that body as prescribed by this section.
(b)AATo be eligible for legislative leave, a fire fighter or
police officer must submit a written application to the
municipality on or before the 30th day before the date the fire
fighter or police officer intends to begin the legislative leave.
The application must indicate the length of the requested leave and
state that the fire fighter or police officer is willing to
reimburse the municipality for any wages, pension, or other costs
the municipality will incur as a result of the leave. The length of
the requested leave may not exceed the length of the session.
(c)AAWithin 30 days after the date the municipality receives
the application, the municipality shall notify the fire fighter or
99
police officer in writing of the actual amount of money required to
offset the costs the municipality will incur. The municipality may
require the fire fighter or police officer to post the money before
granting the leave.
(d)AAThe municipality shall grant legislative leave to a fire
fighter or police officer who submits an application as prescribed
by this section and who complies with any requirement relating to
payment of costs unless an emergency exists or unless granting the
leave will result in an insufficient number of employees to carry
out the normal functions of the fire or police department.
(e)AAIf the head of the fire or police department determines
that granting a legislative leave will result in an insufficient
number of employees to carry out the normal functions of the
department, another fire fighter or police officer may volunteer to
work in the applicant ’s place on an exchange of time basis as long
as no overtime results. If a fire fighter or police officer
volunteers to work in the applicant ’s place and no overtime will
result, the department head shall allow the volunteer to work for
the applicant. If the volunteer work will solve the problem of
having an insufficient number of employees, the municipality shall
grant the legislative leave.
(f)AALegislative leave may not be construed as a break in
service for any purpose, including the determination of seniority,
promotions, sick leave, vacations, or retirement.
(g)AALegislative leave granted under this section to a fire
fighter or police officer to attend a session of the Congress of the
United States shall be granted for a period not to exceed 30 percent
of the applicant ’s total annual working days during each year in
which leave is requested.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 32(a), eff. Aug. 28, 1989.
Sec.A143.1261.AALEGISLATIVE LEAVE ACCOUNT. (a) A fire
fighter or police officer may donate not more than one hour for each
month of accumulated vacation or compensatory time to an employee
organization. The municipality shall establish and maintain a
legislative leave time account for each employee organization.
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(b)AAThe fire fighter or police officer must authorize the
donation in writing on a form provided by the employee organization
and approved by the municipality. After receiving the signed
authorization on an approved form, the municipality shall transfer
donated time to the account monthly until the municipality receives
the fire fighter ’s or police officer ’s written revocation of the
authorization.
(c)AAOnly a fire fighter or police officer who is a member of
an employee organization may use for legislative leave purposes the
time donated to that employee organization. A fire fighter or
police officer may use for legislative leave purposes the time
donated under this section in lieu of reimbursing the municipality
under Section 143.126.
(d)AAA request to use for legislative leave purposes the time
in an employee organization ’s time account must be in writing and
submitted to the municipality by the president or the equivalent
officer of the employee organization or by that officer ’s designee.
(e)AAThe municipality shall account for the time donated to
the account and used from the account. The municipality may:
(1)AAdetermine and credit the actual cash value of the
donated time in the account and determine and deduct the actual cash
value of time used from the account for legislative leave purposes;
or
(2)AAcredit and debit an account on an hour-for-hour
basis regardless of the cash value of the time donated or used.
(f)AAAn employee organization may not use for legislative
leave purposes more than 4,000 hours from its time account under
this section in a calendar year. If more than one employee
organization requests to use legislative leave, each employee
organization may use a proportional share of the 4,000 hours based
on the total amount of hours donated to the employee organization
for its exclusive use before January 2 of the calendar year in which
the legislative leave is requested. This section does not prevent
an employee organization from accumulating more than 4,000 hours.
This subsection only limits the total number of donated hours that
one or more employee organizations may use in any calendar year.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 2, eff. Sept. 1, 1997.
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Sec.A143.127.AAGRIEVANCE PROCEDURE. (a) Except as
otherwise provided by this subsection, a fire fighter or police
officer may file a grievance as provided by this subchapter that
relates to any aspect of the fire fighter ’s or police officer ’s
employment covered by this chapter.AAThe fire fighter or police
officer may not file a grievance relating to:
(1)AAa disciplinary suspension, indefinite suspension,
promotional pass over, or demotion or other action or decision for
which a hearing, review, or appeal is otherwise provided by this
chapter; or
(2)AAan allegation of discrimination based, in whole or
in part, on race, color, religion, sex, or national origin.
(b)AAThe director shall monitor and assist the operation of
the grievance procedure. The director ’s duties include:
(1)AAaiding the departments and departmental grievance
counselors;
(2)AAnotifying the parties of meetings;
(3)AAdocketing cases before the grievance examiner;
and
(4)AAensuring that the grievance procedure operates
timely and effectively.
(c)AAThe department head shall appoint from among the members
of the department a grievance counselor whose duties include:
(1)AAproviding appropriate grievance forms to a fire
fighter or police officer;
(2)AAaccepting, on behalf of the department head, a
step I or II grievance;
(3)AAassisting the fire fighter or police officer in
handling the grievance;
(4)AAforwarding a copy of a step I or II grievance form
to the director and notifying the department head;
(5)AAarranging a meeting between the fire fighter or
police officer and that person ’s immediate supervisor as prescribed
by Section 143.128(b);
(6)AAarranging the meeting of the fire fighter or
police officer and that person ’s department head or the department
102
head ’s designated representative as prescribed by Section
143.129(b); and
(7)AAperforming duties that the department head may
assign.
(d)AAThe grievance procedure consists of four steps. In any
step of the grievance process in which the aggrieved fire fighter ’s
or police officer ’s immediate supervisor is included, the
department head or the departmental grievance counselor may add an
appropriate supervisor who is not the fire fighter ’s or police
officer ’s immediate supervisor or may designate that supervisor to
replace the person ’s immediate supervisor, if the department head
or grievance counselor determines that the other supervisor has the
authority to resolve the person ’s grievance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 33(b), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 854, Sec. 9, eff. June 14, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 2, eff.
September 1, 2009.
Sec.A143.128.AASTEP I GRIEVANCE PROCEDURE. (a) To begin a
grievance action, a fire fighter or police officer must file a
completed written step I grievance form with the person ’s
department head or departmental grievance counselor within 30 days
after the date the fire fighter or police officer knew or should
have known of the action or inaction for which the person feels
aggrieved occurred.AAA step I grievance form may be obtained from
the departmental grievance counselor.AAIf the form is not timely
filed, the grievance is waived.
(b)AAIf the form is filed, the departmental grievance
counselor shall arrange a meeting of the fire fighter or police
officer, that person ’s immediate supervisor or other appropriate
supervisor or both, and the person or persons against whom the
grievance is lodged. The departmental grievance counselor shall
schedule the step I meeting within 30 calendar days after the date
the grievance is filed. If the grievance is lodged against the
department head, the department head may send a representative.
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(c)AAThe fire fighter ’s or police officer ’s immediate
supervisor or other appropriate supervisor, or both, shall fully,
candidly, and openly discuss the grievance with the fire fighter or
police officer in a sincere attempt to resolve it.
(d)AARegardless of the outcome of the meeting, the fire
fighter ’s or police officer ’s immediate supervisor or other
appropriate supervisor, or both, shall provide a written response
to the fire fighter or police officer, with a copy to the grievance
counselor, within 15 calendar days after the date the meeting
occurs. The response must include the supervisor ’s evaluation and
proposed solution. The response shall either be personally
delivered to the fire fighter or police officer or be mailed by
certified mail, return receipt requested, to the last home address
provided by that person.
(e)AAIf the proposed solution is not acceptable, the fire
fighter or police officer may file a step II grievance form with the
department head or the departmental grievance counselor in
accordance with Section 143.129. If the aggrieved fire fighter or
police officer fails to timely file a step II grievance form, the
solution is considered accepted.
(f)AAIf the supervisor does not provide the response required
by Subsection (d) before the 16th day after the date the meeting
occurs, the department head shall sustain the fire fighter ’s or
police officer ’s grievance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 33(c), eff. Aug. 28, 1989; Acts
1995, 74th Leg., ch. 353, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 3, eff.
September 1, 2009.
Sec.A143.129.AASTEP II GRIEVANCE PROCEDURE. (a) To continue
the grievance procedure, the fire fighter or police officer must
complete a step II grievance form and file it with the department
head or the departmental grievance counselor within 15 calendar
days after the date the fire fighter or police officer receives the
supervisor ’s response under Section 143.128.
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(b)AAThe departmental grievance counselor shall arrange a
meeting of the fire fighter or police officer, that person ’s
immediate supervisor or other appropriate supervisor or both, and
the department head or the department head ’s representative who
must have a rank of at least assistant chief or the equivalent. The
meeting shall be held within 15 calendar days after the date the
step II grievance form is filed under Subsection (a).
(c)AARegardless of the outcome of the meeting, the department
head or the department head ’s representative shall provide a
written response to the fire fighter or police officer within 15
calendar days after the date the meeting occurs. The response shall
either be personally delivered to the fire fighter or police
officer or be mailed by certified mail, return receipt requested,
to the last home address provided by that person.
(d)AAIf the proposed solution is not acceptable, the fire
fighter or police officer may either submit a written request
stating the person ’s decision to appeal to an independent third
party hearing examiner pursuant to the provisions of Section
143.057 or file a step III grievance form with the director in
accordance with Section 143.130. If the fire fighter or police
officer fails to timely file a step III grievance form or a written
request to appeal to a hearing examiner, the solution is considered
accepted. Notwithstanding Section 143.057(i), if the fire fighter
or police officer prevails and the hearing examiner upholds the
grievance in its entirety, the department shall bear the cost of the
appeal to the hearing examiner. If the fire fighter or police
officer fails to prevail and the hearing examiner denies the
grievance in its entirety, the fire fighter or police officer shall
bear the cost of the appeal to the hearing examiner. If neither
party entirely prevails and the hearing examiner upholds part of
the grievance and denies part of it, the hearing examiner ’s fees and
expenses shall be shared equally by the fire fighter or police
officer and the department.
(e)AAIf the department head or the department head ’s
representative does not provide the response required by Subsection
(c) before the 16th day after the date the meeting occurs, the
department head shall sustain the fire fighter ’s or police
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officer ’s grievance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 33(d), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 855, Sec. 1, eff. June 14, 1989; Acts 1995,
74th Leg., ch. 353, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 4, eff.
September 1, 2009.
Sec.A143.130.AASTEP III GRIEVANCE PROCEDURE. (a) To
continue the grievance procedure, the fire fighter or police
officer must complete a step III grievance form and file it with the
director within 15 calendar days after the date the fire fighter or
police officer receives the department head ’s response under
Section 143.129.
(b)AAThe director shall arrange a hearing of the fire fighter
or police officer and a grievance examiner to be appointed by the
commission under Section 143.132. The hearing shall be held within
15 of the aggrieved fire fighter ’s or police officer ’s working days
after the date the step III grievance form is filed under Subsection
(a).
(c)AAA hearing shall be conducted as an informal
administrative procedure. Grievances arising out of the same or
similar fact situations may be heard at the same hearing. A court
reporter shall record the hearing. All witnesses shall be examined
under oath. The fire fighter or police officer, that person ’s
immediate supervisor or other appropriate supervisor or both, the
department head or the department head ’s designated representative
or both, and each person specifically named in the grievance are
parties to the hearing. The burden of proof is on the aggrieved
fire fighter or police officer.
(d)AAThe grievance examiner shall make written findings and a
recommendation for solution of the grievance within 15 calendar
days after the date the hearing ends. The findings and
recommendation shall be given to the commission and copies mailed
to the fire fighter or police officer by certified mail, return
receipt requested, at the last home address provided by that
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person, and to the department head.
(e)AAIf the proposed solution is not acceptable to either the
fire fighter or police officer or the department head, either party
may file a step IV grievance form with the director in accordance
with Section 143.131. If the fire fighter or police officer or the
department head fails to timely file a step IV grievance form, the
solution is considered accepted by that person.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 33(e), eff. Aug. 28, 1989; Acts
1995, 74th Leg., ch. 353, Sec. 3, eff. Sept. 1, 1995.
Sec.A143.131.AASTEP IV GRIEVANCE PROCEDURE. (a) If the
department head or the fire fighter or police officer rejects the
proposed solution under Section 143.130, the department head, the
department head ’s designated representative, or the fire fighter or
police officer must complete a step IV grievance form and file it
with the director within 15 calendar days after the date the person
receives the grievance examiner ’s recommendation.
(b)AAThe commission shall review the grievance examiner ’s
findings and recommendation and consider the transcript of the step
III hearing at the commission ’s next regularly scheduled meeting or
as soon as practicable. The transcript shall be filed within 30
days of the step IV grievance being filed. The commission may for
good cause shown grant a reasonable delay not to exceed 30 days to
file the transcript. In no event may the commission render a
decision later than 30 days after the transcript is filed. If the
commission does not render a decision within 30 days after the date
the transcript is filed, the commission shall sustain the fire
fighter ’s or police officer ’s grievance.
(c)AAThe commission shall base its decision solely on the
transcript and demonstrative evidence offered and accepted at the
step III hearing. The commission shall furnish a written copy of
the order containing its decision to the fire fighter or police
officer, the department head, and the grievance examiner. The copy
to the fire fighter or police officer shall be mailed by certified
mail, return receipt requested, to the last home address provided
by that person. The commission decision is final.
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Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 33(f), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 854, Sec. 11, eff. June 14, 1989; Acts 1995,
74th Leg., ch. 353, Sec. 4, eff. Sept. 1, 1995.
Sec.A143.132.AAGRIEVANCE EXAMINER. (a) The commission
shall appoint a grievance examiner by a majority vote. The
commission may appoint more than one grievance examiner if
necessary. The commission may appoint a different grievance
examiner for each grievance. An examiner may not be affiliated with
any other municipal department and is responsible only to the
commission. The commission shall pay an examiner from a special
budget established for this purpose, and the director shall provide
an examiner sufficient office space and clerical support.
(b)AAThe grievance examiner may:
(1)AAimpose a reasonable limit on the time allowed each
party and the number of witnesses to be heard;
(2)AAadminister oaths;
(3)AAexamine a witness under oath;
(4)AAsubpoena and require the attendance or production
of witnesses, documents, books, or other pertinent material; and
(5)AAaccept affidavits instead of or in addition to
live testimony.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.133.AASPECIAL PROVISIONS FOR STEPS I AND II. (a)
If the aggrieved fire fighter ’s or police officer ’s immediate
supervisor is the department head, the steps prescribed by Sections
143.128 and 143.129 are combined. The department head shall meet
with the aggrieved fire fighter or police officer and may not
appoint a representative.
(b)AAA department head, with the approval of the commission,
may change the procedure prescribed by Sections 143.128 and 143.129
to reflect a change in a department ’s chain of command.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec.A143.134.AAMISCELLANEOUS GRIEVANCE PROVISIONS. (a) A
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fire fighter or police officer may represent himself or obtain a
representative at any time during the grievance procedure. The
municipality is not obligated to provide or pay the costs of
providing representation. The representative:
(1)AAis not required to be an attorney;
(2)AAis entitled to be present to advise the fire
fighter or police officer;
(3)AAis entitled to present any evidence or information
for the fire fighter or police officer; and
(4)AAmay not be prevented from fully participating in
any of the grievance proceedings.
(b)AAA fire fighter or police officer may take reasonable
time off from a job assignment to file a grievance and attend a
meeting or hearing. Time taken to pursue a grievance may not be
charged against that person. The fire fighter or police officer
shall be compensated on an overtime basis for the time that person
spends at a grievance meeting or hearing if:
(1)AAthe meeting or hearing is scheduled at a time other
than that person ’s normally assigned working hours; and
(2)AAthat person prevails in the grievance.
(c)AAIf notice that a grievance meeting or hearing is to be
recorded is provided to all persons present at the meeting or
hearing, the fire fighter or police officer, the department head,
or the department head ’s designee may record the meeting or
hearing.
(d)AAThe director shall provide a suitable notice explaining
the grievance procedure prescribed by this subchapter and furnish
copies to each department. Each department head shall cause the
notices to be posted in a prominent place or places within the
department work areas to give reasonable notice of the grievance
procedure to each member of the department.
(e)AAAt the request of the department head of a fire fighter
or police officer who has filed a grievance under this subchapter,
the municipality ’s legal department or the director shall assist in
resolving the grievance.
(f)AAThe director is the official final custodian of all
records involving grievances. A depository for closed files
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regarding grievances shall be maintained in the civil service
department.
(g)AAA fire fighter or police officer who files a grievance
pursuant to Sections 143.127 through and including Section 143.134
is entitled to 48 hours notice of any meeting or hearing scheduled
under Section 143.128(b), 143.129(b), 143.130(b), or 143.131(b).
In the event that the fire fighter or police officer is not given 48
hours advance notice, the fire fighter ’s or police officer ’s
grievance shall be automatically sustained and no further action
may be had on the grievance.
(h)AAIf the decision of the commission under Section 143.131
or the decision of a hearing examiner under Section 143.129 that has
become final is favorable to a fire fighter, the department head
shall implement the relief granted to the fire fighter not later
than the 10th day after the date on which the decision was issued.
If the department head intentionally fails to implement the relief
within the 10-day period, the municipality shall pay the fire
fighter $1,000 for each day after the 10-day period that the
decision is not yet implemented.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, Sec. 25(i), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 854, Sec. 10, eff. June 14, 1989; Acts 1993,
73rd Leg., ch. 676, Sec. 3, eff. Sept. 1, 1993.
Sec.A143.135.AAMEDIATION. (a) In this section, "mediation"
has the meaning assigned by Section 154.023, Civil Practice and
Remedies Code.
(b)AAThe head of the police department may develop and
implement an alternative dispute resolution program to refer
certain disputes regarding police officers to mediation.
(c)AAIf a dispute is referred to mediation under this
section, the time limitations and deadlines under Sections
143.1015, 143.1016, 143.117, 143.118, 143.119, 143.120, and
143.127-143.134 are tolled until the earliest of:
(1)AAthe date the parties reach a settlement and
execute a written agreement disposing of the dispute;
(2)AAthe date the mediator refers the dispute to
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another appeals or grievance procedure under this subchapter; or
(3)AAthe 60th day after the date the dispute was
referred to mediation.
(d)AAThe conduct and demeanor of the mediator and the parties
to the dispute during the course of the mediation are confidential.
A letter, memorandum, document, note, or other oral or written
communication that is relevant to the dispute and made between the
mediator and the parties to the dispute or between the parties to
the dispute during the course of the mediation procedure:
(1)AAis confidential and may not be disclosed unless
all of the parties to the mediation agree to the disclosure in
writing; and
(2)AAis admissible and discoverable in a separate
proceeding only if the letter, memorandum, document, note, or other
communication is admissible and discoverable independent of the
mediation.
(e)AAA mediator may not be required to testify in a
proceeding concerning information relating to or arising out of the
mediation.
(f)AASubsection (d) does not apply to a final written
agreement to which the police department or municipality is a
signatory that is reached as a result of a mediation procedure
conducted under this section. Information in the final written
agreement is subject to required disclosure, is excepted from
required disclosure, or is confidential in accordance with Chapter
552, Government Code, and other law.
(g)AAIf this section conflicts with other legal requirements
for disclosure of communications or materials, the issue of
confidentiality may be presented to a district court for a judicial
district in which the majority of the territory of the municipality
is located to determine, in camera, whether the facts,
circumstances, and context of the communications or materials
sought to be disclosed warrant a protective order of the court or
whether the communications or materials are subject to disclosure.
(h)AAExcept to the extent of any conflict with this section,
Chapter 154, Civil Practice and Remedies Code, and police
department rules apply to a mediation conducted under this section.
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(i)AAExcept to the extent of any conflict with this section,
Section 2009.054, Government Code, applies to the communications,
records, conduct, and demeanor of the mediator and the parties.
(j)AASection 143.1014 does not apply to a meeting or hearing
conducted under this section.
Added by Acts 2003, 78th Leg., ch. 517, Sec. 1, eff. Sept. 1, 2003.
SUBCHAPTER H. LOCAL CONTROL OF FIRE FIGHTER EMPLOYMENT MATTERS IN
MUNICIPALITIES WITH POPULATION OF 1.5 MILLION OR MORE
Sec.A143.201.AAPOPULATION. This subchapter applies only to
a municipality with a population of 1.5 million or more, but does
not apply to a municipality that has adopted The Fire and Police
Employee Relations Act (Article 5154c-1, Vernon ’s Texas Civil
Statutes).
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Sec.A143.202.AADEFINITIONS. In this subchapter:
(1)AA"Fire fighters association" means an organization
in which fire fighters participate and which exists for the
purpose, in whole or in part, of dealing with one or more employers,
whether public or private, concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or conditions of work
affecting public employees.
(2)AA"Public employer" means any municipality or
agency, board, commission, or political subdivision controlled by a
municipality which is required to establish the wages, salaries,
rates of pay, hours, working conditions, and other terms and
conditions of employment of public employees. The term may
include, under appropriate circumstances, a mayor, manager,
administrator of a municipality, municipal governing body,
director of personnel, personnel board, or one or more other
officials, regardless of the name by which they are designated.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Sec.A143.203.AAGENERAL PROVISIONS RELATING TO AGREEMENTS,
RECOGNITION, AND STRIKES. (a) A municipality may not be denied
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local control over the wages, salaries, rates of pay, hours of work,
and other terms and conditions of employment, or other
state-mandated personnel issues, if the public employer and the
fire fighters association recognized as the sole and exclusive
bargaining agent for all officers covered by this subchapter come
to a mutual agreement on any of the terms listed above. If no
agreement is reached, the existing state laws, local ordinances,
and civil service rules remain unaffected. All agreements shall be
reduced to writing. Nothing in this subchapter shall require
either party to meet and confer on any issue or reach an agreement.
(b)AAA public employer may only meet and confer if the fire
fighters association recognized under this subchapter as the sole
and exclusive bargaining agent does not advocate the illegal right
to strike by public employees.
(c)AAFire fighters of a municipality may not engage in
strikes or organized work stoppages against this state or a
political subdivision of this state. A fire fighter who
participates in a strike forfeits all civil service rights,
reemployment rights, and any other rights, benefits, or privileges
the fire fighter enjoys as a result of employment or prior
employment, except that the right of an individual to cease work may
not be abridged if the individual is not acting in concert with
others in an organized work stoppage.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Sec.A143.204.AARECOGNITION OF FIRE FIGHTER ASSOCIATION. (a)
A fire fighters association submitting a petition signed by a
majority of the paid fire fighters in the municipality, excluding
the head of the department and assistant department heads in the
rank or classification immediately below that of the department
head, may be recognized by the public employer as the sole and
exclusive bargaining agent for all of the covered fire fighters
unless and until recognition of the association is withdrawn by a
majority of those fire fighters.
(b)AAIn the event of a question about whether a fire fighters
association represents a majority of the covered fire fighters, the
question shall be resolved by a fair election conducted according
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to procedures agreeable to the parties. If the parties are unable
to agree on such procedures, either party may request the American
Arbitration Association to conduct the election and to certify the
results. Certification of the results of an election resolves the
question concerning representation. The fire fighters association
is liable for the expenses of the election, except that if two or
more associations seeking recognition as the bargaining agent
submit petitions signed by a majority of the covered fire fighters,
the associations shall share equally the costs of the election.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Sec.A143.205.AAOPEN RECORDS REQUIRED. All documents
relating to an agreement between a fire fighters association and a
public employer shall be available to the public pursuant to state
statutes.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Sec.A143.206.AAENFORCEABILITY OF AGREEMENT. (a) A written
agreement made under this subchapter between a public employer and
a fire fighters association recognized as the sole and exclusive
bargaining agent is enforceable and binding upon the public
employer, the fire fighters association recognized as the sole and
exclusive bargaining agent, and fire fighters covered by the
agreement if:
(1)AAthe municipality ’s governing body ratified the
agreement by a majority vote; and
(2)AAthe fire fighters association ratified the
agreement by a majority of the votes received in a referendum of its
members by secret ballot.
(b)AAThe state district court of the judicial district in
which the municipality is located has full authority and
jurisdiction on the application of either party aggrieved by an
action or omission of the other party when the action or omission is
related to a right, duty, or obligation provided by any written
agreement ratified by both the public employer and the fire
fighters association. The court may issue proper restraining
orders, temporary and permanent injunctions, and any other writ,
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order, or process, including contempt orders, that are appropriate
to enforcing any written agreement ratified by both the public
employer and the fire fighters association.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 373, Sec. 1, eff. May 28, 1997.
Sec.A143.207.AAAGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
(a) A written agreement under this subchapter between a public
employer and the fire fighters association recognized as the sole
and exclusive bargaining agent supersedes a previous statute
concerning wages, salaries, rates of pay, hours of work, and other
terms and conditions of employment to the extent of any conflict
with the previous statute.
(b)AAA written agreement under this subchapter preempts all
contrary local ordinances, executive orders, legislation, or rules
adopted by the state or a political subdivision or agent of the
state, such as a personnel board, a civil service commission, or a
home-rule municipality.
(c)AAAn agreement under this subchapter may not diminish or
qualify any right, benefit, or privilege of an employee under this
chapter or other law unless approved by a majority of the votes
received in a secret ballot referendum of the members of the fire
fighters association recognized as the sole and exclusive
bargaining agent.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 373, Sec. 2, eff. May 28, 1997.
Sec.A143.208.AAREPEAL OF AGREEMENT BY ELECTORATE. Within 45
days after an agreement is ratified and signed by both the
municipality and the fire fighters association recognized as the
sole and exclusive bargaining agent, a petition signed by a number
of registered voters equal to 10 percent of the votes cast at the
most recent mayoral general election may be presented to the
municipal secretary calling an election for the repeal of the
agreement. Thereupon, the governing body shall reconsider the
agreement and, if it does not repeal the agreement, shall call an
election of the qualified voters to determine if they desire to
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repeal the agreement. The election shall be called for the next
municipal election or a special election called by the governing
body for that purpose. If at the election a majority of the votes
are cast in favor of the repeal of the adoption of the agreement,
then the agreement shall become null and void. The ballot shall be
printed to provide for voting FOR or AGAINST the proposition:
"Repeal of the adoption of the agreement ratified by the
municipality and the fire fighters association concerning wages,
salaries, rates of pay, hours of work, and other terms and
conditions of employment."
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.15, eff. Sept. 1,
1999.
Sec.A143.209.AAPROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.
(a) For the purpose of any disciplinary appeal to either the civil
service commission or a hearing examiner, all members of the
bargaining unit shall have the right to choose to be represented by
any person of their choice or the fire fighters association.
(b)AANo agreement shall interfere in the right of members of
the fire fighters association to pursue allegations of
discrimination based on race, creed, color, national origin,
religion, age, sex, or disability with the Commission on Human
Rights or the Equal Employment Opportunity Commission or to pursue
affirmative action litigation.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
SUBCHAPTER I. FIRE FIGHTER AND POLICE OFFICER EMPLOYMENT MATTERS IN
CERTAIN MUNICIPALITIES
Sec.A143.301.AAMUNICIPALITIES COVERED BY SUBCHAPTER. This
subchapter applies only to a municipality with a population of
460,000 or more that operates under a city manager form of
government. This subchapter does not apply to a municipality:
(1)AAthat has adopted Chapter 174 (The Fire and Police
Employee Relations Act); or
(2)AAto which Subchapter H applies.
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Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.3015.AALIMITATION ON MUNICIPALITIES COVERED BY
SUBCHAPTER: VOTER APPROVAL. (a) The governing body of a
municipality with a population less than 560,000 that has not
recognized an association as the sole and exclusive bargaining
agent as provided by Section 143.304 before September 1, 2001, must
receive voter approval under this section before operating under
the other provisions of this subchapter.
(b)AAThe governing body shall call an election if:
(1)AAa majority of the members of the governing body
vote to hold the election; or
(2)AAthe voters submit a petition requesting the
election as required by this section.
(c)AAA petition for election must:
(1)AAbe signed by a number of qualified voters of the
municipality equal to at least 10 percent of the number of voters
who voted in the most recent municipal election for mayor; and
(2)AAcomply with Chapter 277, Election Code.
(d)AANot later than the 40th working day after the date a
petition is presented to the governing body, the municipal
secretary shall certify to the governing body the number and
percentage of registered voters signing the petition.
(e)AAUpon receiving a petition in compliance with this
subchapter, the governing body shall order an election submitting
to the voters the question of whether this subchapter should be
adopted for firefighters, police officers, or both. The election
must be held on the first authorized uniform election date
prescribed by Chapter 41, Election Code, that occurs after the
petition is filed and that allows sufficient time to comply with
other requirements of law.
(f)AAThe ballot for an election called under this section
shall be printed to permit voting for or against the proposition:
"Authorizing (name of the governing body of the municipality) to
recognize an employee association as a sole and exclusive
bargaining agent for the municipal (insert firefighters, police
officers, or both, as applicable,) and authorizing the (name of the
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governing body of the municipality) to make agreements with the
employee association as provided by state law."
(g)AAAn election authorized by this section shall be held and
the returns shall be prepared and canvassed in conformity with the
Election Code.
(h)AAThe municipality may operate under the other provisions
of this subchapter only if a majority of the votes cast at the
election favor the proposition.
(i)AANotwithstanding Subsections (a) and (h), a municipality
with a population of less than 560,000 that has not recognized an
association as the sole and exclusive bargaining agent as provided
by Section 143.304 before September 1, 2005, may adopt rules for
police officers converting vacation and sick leave days to hours
that supersede the provisions of Section 142.0013, Section 143.045,
and Section 143.046 provided that:
(1)AAA police officer is entitled to earn 120 hours of
vacation leave each year with pay, as a minimum, if the officer has
been regularly employed in the department or departments for at
least one year.
(2)AAIn computing the length of time a police officer
may be absent from work on vacation leave, only those hours that the
person would have been required to work if not on vacation may be
counted as vacation leave.
(3)AAA police officer shall be granted the same number
of vacation hours and holiday hours, or hours in lieu of vacation
hours or holiday hours, granted to other municipal employees who
work the same number of hours in a regular work day and have worked
for the municipality for the same number of years.
(4)AAA police officer shall be granted sick leave with
pay accumulated at the rate of 10 hours for each full month employed
in a calendar year, so as to total 120 hours to the person ’s credit
each 12 months.
(5)AAA police officer who leaves the classified service
for any reason is entitled to receive in a lump-sum payment the full
amount of the person ’s salary for accumulated sick leave if the
person has accumulated not more than 720 hours of sick leave, the
person ’s employer may limit payment to the amount that the person
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would have received if the person had been allowed to use 720 hours
of accumulated sick leave during the last six months of
employment.AAThe lump-sum payment is computed by compensating the
police officer for the accumulated time at the highest permanent
pay classification for which the person was eligible during the
last six months of employment.AAThe police officer is paid for the
same period for which the person had taken the sick leave but does
not include additional holidays and any sick leave or vacation time
that the person might have accrued during the 720 hours.
Added by Acts 2001, 77th Leg., ch. 425, Sec. 1, eff. May 28, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), Sec. 3, eff.
September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 145 (S.B. 189), Sec. 1, eff.
May 21, 2007.
Sec.A143.302.AADEFINITIONS. In this subchapter:
(1)AA"Association" means an organization in which fire
fighters or police officers participate and that exists for the
purpose, in whole or in part, of dealing with one or more employers,
whether public or private, concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or conditions of work
affecting public employees.
(2)AA"Public employer" means any municipality or
agency, board, commission, or political subdivision controlled by a
municipality that is required to establish the wages, salaries,
rates of pay, hours, working conditions, and other terms and
conditions of employment of public employees. The term may
include, under appropriate circumstances, a mayor, manager,
administrator of a municipality, municipal governing body,
director of personnel, or personnel board or one or more other
officials, regardless of the name by which they are designated.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.303.AAGENERAL PROVISIONS RELATING TO AGREEMENTS,
RECOGNITION, AND STRIKES. (a) A municipality may not be denied
local control over wages, salaries, rates of pay, hours of work,
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other terms and conditions of employment, or other personnel issues
on which the public employer and an association that is recognized
as the sole and exclusive bargaining agent for all fire fighters or
police officers in the municipality agree. A term or condition on
which the public employer and the association do not agree is
governed by the applicable statutes, local ordinances, and civil
service rules. An agreement must be reduced to writing. This
subchapter does not require the public employer and the association
to meet and confer or reach an agreement on any issue.
(b)AAA public employer and an association recognized under
this subchapter as a sole and exclusive bargaining agent may meet
and confer only if the association does not advocate the illegal
right to strike by public employees.
(c)AAA fire fighter or police officer of a municipality may
not engage in a strike or organized work stoppage against this state
or a political subdivision of this state. A fire fighter or police
officer who participates in a strike forfeits all civil service
rights, reemployment rights, and other rights, benefits, or
privileges the fire fighter or police officer enjoys as a result of
the person ’s employment or previous employment with the
municipality. This subsection does not affect the right of a person
to cease employment if the person is not acting in concert with
other fire fighters or police officers.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.304.AARECOGNITION OF FIRE FIGHTERS OR POLICE
OFFICERS ASSOCIATION. (a) The public employer may recognize an
association that submits a petition signed by a majority of the paid
fire fighters or police officers in the municipality, excluding the
head of the department and assistant department heads in the rank or
classification immediately below that of the department head, as
the sole and exclusive bargaining agent for all of the covered fire
fighters or police officers unless recognition of the association
is withdrawn by a majority of the covered fire fighters or police
officers.
(b)AAA question of whether an association is the majority
representative of the covered fire fighters or police officers
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shall be resolved by a fair election conducted according to
procedures agreed on by the parties. If the parties are unable to
agree on election procedures, either party may request the American
Arbitration Association to conduct the election and to certify the
results. Certification of the results of an election under this
subsection resolves the question concerning representation. The
association shall pay the costs of the election, except that if two
or more associations seeking recognition as the bargaining agent
submit petitions signed by a majority of the covered fire fighters
or police officers, the associations shall share equally the costs
of the election.
(c)AAThe public employer ’s manager or chief executive and the
police chief or fire chief, as appropriate, shall designate a team
to represent the public employer as its sole and exclusive
bargaining agent for issues related to the fire department and a
separate team to represent the public employer as its sole and
exclusive bargaining agent for issues related to the police
department.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.305.AAOPEN RECORDS REQUIRED. An agreement made
under this subchapter is a public record for purposes of Chapter
552, Government Code. The agreement and any document prepared and
used by the municipality in connection with the agreement are
available to the public under the open records law, Chapter 552,
Government Code, only after the agreement is ratified by the
municipality ’s governing body. This section does not affect the
application of Subchapter C, Chapter 552, Government Code, to a
document prepared and used by the municipality in connection with
the agreement.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.306.AAENFORCEABILITY OF AGREEMENT. (a) A written
agreement made under this subchapter between a public employer and
an association is binding on the public employer, the association,
and fire fighters or police officers covered by the agreement if:
(1)AAthe municipality ’s governing body ratifies the
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agreement by a majority vote; and
(2)AAthe applicable association ratifies the agreement
by a majority vote of its members by secret ballot.
(b)AAAn agreement ratified as described by Subsection (a) may
establish a procedure by which the parties agree to resolve
disputes related to a right, duty, or obligation provided by the
agreement, including binding arbitration on interpretation of the
agreement.
(c)AAThe district court of the judicial district in which the
municipality is located has full authority and jurisdiction on the
application of either party aggrieved by an act or omission of the
other party related to a right, duty, or obligation provided by a
written agreement ratified as described by Subsection (a). The
court may issue proper restraining orders, temporary and permanent
injunctions, or any other writ, order, or process, including a
contempt order, that is appropriate to enforce the agreement.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.307.AAAGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
(a) An agreement under this subchapter supersedes a previous
statute concerning wages, salaries, rates of pay, hours of work, or
other terms and conditions of employment to the extent of any
conflict with the statute.
(b)AAAn agreement under this subchapter preempts any
contrary statute, executive order, local ordinance, or rule adopted
by the state or a political subdivision or agent of the state,
including a personnel board, a civil service commission, or a
home-rule municipality.
(c)AAAn agreement under this subchapter may not diminish or
qualify any right, benefit, or privilege of an employee under this
chapter or other law unless approved by a majority vote by secret
ballot of the members of the association recognized as a sole and
exclusive bargaining agent.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.308.AAREPEAL OF AGREEMENT BY ELECTORATE. Not later
than the 45th day after the date an agreement is ratified by both
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the municipality and the association, a petition signed by at least
10 percent of the qualified voters of the municipality may be
presented to the municipal secretary calling an election for the
repeal of the agreement. On receipt of the petition by the
municipal secretary, the governing body shall reconsider the
agreement and either repeal the agreement or call an election of the
qualified voters to determine if they desire to repeal the
agreement. The election shall be called for the next municipal
election or a special election called by the governing body for that
purpose. If at the election a majority of the votes are cast in
favor of the repeal of the adoption of the agreement, the agreement
is void. The ballot shall be printed to permit voting for or
against the proposition: "Repeal of the adoption of the agreement
ratified by the municipality and the __________ (fire fighters or
police officers, as appropriate) association concerning wages,
salaries, rates of pay, hours of work, and other terms and
conditions of employment."
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.309.AAPROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.
(a) For the purpose of any disciplinary appeal to the civil service
commission or to a hearing examiner, a member of the bargaining unit
may choose to be represented by any person of the member ’s choice or
by the association.
(b)AAAn agreement may not interfere with the right of a
member of a bargaining unit to pursue allegations of discrimination
based on race, creed, color, national origin, religion, age, sex,
or disability with the Commission on Human Rights or the Equal
Employment Opportunity Commission or to pursue affirmative action
litigation.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.310.AABINDING INTEREST ARBITRATION. A municipality
may be required to submit to binding interest arbitration only if
approved by a majority of those voting in a public referendum
conducted in accordance with the municipality ’s charter. This
subsection does not affect any disciplinary arbitration or
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arbitration provision in a ratified agreement.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.311.AAAPPOINTMENTS TO CLASSIFICATION IMMEDIATELY
BELOW DEPARTMENT HEAD. Section 143.014(c) does not apply to a
municipality to which this subchapter applies.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.312.AAINVESTIGATION OF FIRE FIGHTERS AND POLICE
OFFICERS. (a) This section does not apply to a municipality to
which Section 143.123 applies.
(b)AAIn this section:
(1)AA"Complainant" means a person claiming to be the
victim of misconduct by a fire fighter or police officer.
(2)AA"Investigation" means an administrative
investigation, conducted by the municipality, of alleged
misconduct by a fire fighter or police officer that could result in
punitive action against that person.
(3)AA"Investigator" means an agent or employee of the
municipality who is assigned to conduct an investigation.
(4)AA"Normally assigned working hours" includes those
hours during which a fire fighter or police officer is actually at
work or at the person ’s assigned place of work, but does not include
any time when the person is off duty on authorized leave, including
sick leave.
(5)AA"Punitive action" means a disciplinary
suspension, indefinite suspension, demotion in rank, written
reprimand, or any combination of those actions.
(c)AAAn investigator may interrogate a fire fighter or police
officer who is the subject of an investigation only during the fire
fighter ’s or police officer ’s normally assigned working hours
unless:
(1)AAthe seriousness of the investigation, as
determined by the fire fighter ’s or police officer ’s department
head or the department head ’s designee, requires interrogation at
another time; and
(2)AAthe fire fighter or police officer is compensated
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for the interrogation time on an overtime basis.
(d)AAThe department head may not consider work time missed
from regular duties by a fire fighter or police officer due to
participation in the conduct of an investigation in determining
whether to impose a punitive action or in determining the severity
of a punitive action.
(e)AAAn investigator may not interrogate a fire fighter or
police officer who is the subject of an investigation or conduct any
part of the investigation at that person ’s home without that
person ’s permission.
(f)AAA person may not be assigned to conduct an investigation
if the person is the complainant, the ultimate decision-maker
regarding disciplinary action, or a person who has any personal
involvement regarding the alleged misconduct. A fire fighter or
police officer who is the subject of an investigation has the right
to inquire and, on inquiry, to be informed of the identities of each
investigator participating in an interrogation of the fire fighter
or police officer.
(g)AANot less than 48 hours before an investigator begins the
initial interrogation of a fire fighter or police officer who is the
subject of an investigation, the investigator must inform the fire
fighter or police officer in writing of the allegations in the
complaint. An investigator may not interrogate a fire fighter or
police officer based on a complaint by a complainant who is not a
fire fighter or police officer unless the complainant verifies the
complaint in writing before a public officer who is authorized by
law to take statements under oath. In an investigation under this
subsection, an investigator may interrogate a fire fighter or
police officer about events or conduct reported by a witness who is
not a complainant without disclosing the name of the witness. An
interrogation may be based on a complaint from an anonymous
complainant if the departmental employee receiving the anonymous
complaint certifies in writing, under oath, that the complaint was
anonymous. This subsection does not apply to an on-the-scene
investigation that occurs immediately after an incident being
investigated, except that the fire fighter or police officer under
investigation must be furnished, as soon as practicable, a written
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statement of the allegations in the complaint.
(h)AAAn interrogation session of a fire fighter or police
officer who is the subject of an investigation may not be
unreasonably long. In determining reasonableness, the gravity and
complexity of the investigation must be considered. The
investigators shall allow reasonable interruptions to permit the
fire fighter or police officer to attend to personal physical
necessities.
(i)AAAn investigator may not threaten a fire fighter or
police officer who is the subject of an investigation with punitive
action during an interrogation. An investigator may inform a fire
fighter or police officer that failure to answer truthfully
reasonable questions directly related to the investigation or to
cooperate fully in the conduct of the investigation may result in
punitive action.
(j)AAIf prior notification of intent to record an
interrogation is given to the other party, either the investigator
or the fire fighter or police officer who is the subject of an
interrogation may record the interrogation.
(k)AAIf an investigation does not result in punitive action
against a fire fighter or police officer but does result in a
written reprimand or an adverse finding or determination regarding
that person, the reprimand, finding, or determination may not be
placed in that person ’s personnel file unless the fire fighter or
police officer is first given an opportunity to read and sign the
document. If the fire fighter or police officer refuses to sign the
reprimand, finding, or determination, it may be placed in the
personnel file with a notation that the person refused to sign it.
A fire fighter or police officer may respond in writing to a
reprimand, finding, or determination that is placed in the person ’s
personnel file under this subsection by submitting a written
response to the department head not later than the 10th day after
the date the fire fighter or police officer is asked to sign the
document. The response shall be placed in the personnel file. A
fire fighter or police officer who receives a punitive action and
who elects not to appeal the action may file a written response as
prescribed by this subsection not later than the 10th day after the
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date the person is given written notice of the punitive action from
the department head.
(l)AAA violation of this section may be considered by the
commission or hearing examiner during a disciplinary appeal hearing
if the violation substantially impaired the fire fighter ’s or
police officer ’s ability to defend against the allegations of
misconduct.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec.A143.313.AAPOLYGRAPH EXAMINATIONS. (a) This section
does not apply to a municipality to which Section 143.124 applies.
(b)AAA fire fighter employed by the municipality may not be
required to submit to a polygraph examination as part of an internal
investigation regarding the conduct of the fire fighter unless:
(1)AAthe complainant submits to and passes a polygraph
examination; or
(2)AAthe fire fighter is ordered to take an examination
under Subsection (f).
(c)AASubsection (b) does not apply if the complainant is
physically or mentally incapable of being polygraphed.
(d)AAFor the purposes of this section, a fire fighter passes
a polygraph examination if, in the opinion of the polygraph
examiner, no deception is indicated in the examination regarding
matters critical to the subject matter under investigation.
(e)AAThe results of a polygraph examination that relate to
the complaint under investigation are not admissible in a
proceeding before the commission or a hearing examiner.
(f)AAThe head of the fire department may order a fire fighter
to submit to a polygraph examination if the fire department head:
(1)AAconsiders the circumstances to be extraordinary;
or
(2)AAbelieves that the integrity of a fire fighter or
the fire department is in question.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Amended by Acts 1997, 75th Leg., ch. 1303, Sec. 3, eff. June 20,
1997.
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SUBCHAPTER J. LOCAL CONTROL OF POLICE OFFICER EMPLOYMENT MATTERS IN
MUNICIPALITIES WITH POPULATION OF 1.5 MILLION OR MORE
Sec.A143.351.AAAPPLICABILITY. This subchapter applies only
to a municipality with a population of 1.5 million or more but does
not apply to a municipality that has adopted Chapter 174.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Sec.A143.352.AADEFINITIONS. In this subchapter:
(1)AA"Bargaining agent" means the police employee group
selected under Section 143.354 to represent all police officers
employed by the municipality, excluding the department head and
assistant department heads, during negotiations with the public
employer.
(2)AA"Police employee group" means an organization:
(A)AAin which at least three percent of the police
officers of the municipality participate and pay dues via automatic
payroll deduction; and
(B)AAwhich exists for the purpose, in whole or
part, of dealing with the municipality concerning grievances, labor
disputes, wages, rates of pay, benefits other than pension
benefits, hours of employment, or conditions of work affecting
police officers.
(3)AA"Public employer" means any municipality or
agency, board, commission, or political subdivision controlled by a
municipality that is required to establish the wages, salaries,
rates of pay, hours, working conditions, and other terms and
conditions of employment of police officers. The term includes,
under appropriate circumstances, a mayor, manager, administrator
of a municipality, municipal governing body, director of personnel,
personnel board, or one or more other officials, regardless of the
name by which they are designated.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 1, eff. Sept. 1,
2001.
Sec.A143.353.AAGENERAL PROVISIONS RELATING TO AGREEMENTS,
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RECOGNITION, AND STRIKES. (a) A municipality may not be denied
local control over the wages, salaries, rates of pay, hours of work,
and other terms of employment, or other state-mandated personnel
issues, if the public employer and the bargaining agent come to a
mutual agreement on any of the terms of employment. If an agreement
is not reached, the state laws, local ordinances, and civil service
rules remain unaffected. All agreements shall be written. Nothing
in this subchapter requires either party to meet and confer on any
issue or reach an agreement.
(b)AAA public employer may only meet and confer if the
bargaining agent does not advocate the illegal right to strike by
public employees.
(c)AAPolice officers of a municipality may not engage in
strikes or organized work stoppages against this state or a
political subdivision of this state. A police officer who
participates in a strike or work stoppage forfeits all civil
service rights, reemployment rights, and any other rights,
benefits, or privileges the police officer enjoys as a result of
employment or prior employment.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 2, eff. Sept. 1,
2001.
Sec.A143.354.AARECOGNITION OF POLICE EMPLOYEE GROUP. (a)
The public employer in accordance with this section may recognize a
police employee group as the sole and exclusive bargaining agent
for all of the police officers in the municipality, excluding the
department head and assistant department heads, unless recognition
of the police employee group is withdrawn by a majority of those
police officers, if the employee group submits a petition signed by
40 percent of:
(1)AAthe number of police officers in the municipality
who voted in the last election held under Section 143.360 before the
petition is submitted, excluding the head of the department and
assistant department heads in the rank or classification
immediately below that of the department head; or
(2)AAthe paid police officers in the municipality,
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excluding the head of the department and assistant department heads
in the rank or classification immediately below that of the
department head, if an election under Section 143.360 has not been
held in the municipality.
(b)AAA petition submitted under Subsection (a) must clearly
show on each page the name of the police employee group circulating
the petition. A police officer who signs a petition submitted under
Subsection (a) may not be counted towards the 40 percent
requirement under that subsection unless that officer ’s printed
name and payroll number and the date of the signature are included
on the petition. The petition must be submitted to the municipal
secretary not later than the 60th day after the first date on which
a police officer signs the petition.
(c)AAWithin the 30 days after the date the petition is
submitted, the municipal secretary shall verify the signatures on
the petition and, if the petition complies with this section, call
for the election. The election shall be conducted within 45 days
after the date on which the municipal secretary calls for the
election.
(d)AAAn election required by this section shall be conducted
according to procedures agreed on by the parties. If the parties
are unable to agree on election procedures, either party may
request the American Arbitration Association to conduct the
election and to certify the results. Certification of the results
of an election under this subsection resolves the question
concerning representation. The police employee group shall pay the
costs of the election, except that if two or more police employee
groups seeking recognition as the bargaining agent submit petitions
signed by a majority of the police officers eligible to sign the
petition, the police employee groups shall share equally the costs
of the election. A police employee group must make payments
required by this subsection not later than the 10th day before the
date of the election.
(e)AAThe public employer ’s chief executive officer shall
designate a team to represent the public employer as its sole and
exclusive bargaining agent for issues related to the police
department.
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Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 3, eff. Sept. 1,
2001.
Sec.A143.358.AAOPEN RECORDS REQUIRED. All documents
relating to an agreement between a bargaining agent and a public
employer shall be available to the public in accordance with state
statutes.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 5, eff. Sept. 1,
2001.
Sec.A143.359.AAENFORCEABILITY OF AGREEMENT. (a) A written
agreement made under this subchapter between a public employer and
a bargaining agent is enforceable and binding on the public
employer, the bargaining agent, police employee groups, and the
police officers covered by the agreement if:
(1)AAthe municipality ’s governing body ratified the
agreement by a majority vote; and
(2)AAthe agreement is ratified under Section 143.360.
(b)AAA state district court of the judicial district in which
a majority of the population of the municipality is located has full
authority and jurisdiction on the application of either party
aggrieved by an action or omission of the other party when the
action or omission is related to a right, duty, or obligation
provided by any written agreement ratified as required by this
subchapter. The court may issue proper restraining orders,
temporary and permanent injunctions, and any other writ, order, or
process, including contempt orders, that are appropriate to
enforcing any written agreement ratified as required by this
subchapter.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 6, eff. Sept. 1,
2001.
Sec.A143.360.AAELECTION TO RATIFY AGREEMENT. (a) The
bargaining agent shall call an election to ratify any agreement
131
reached with the public employer.
(b)AAAll police officers of the municipality, other than the
department head and assistant department heads, are eligible to
vote in the election.
(c)AAThe bargaining agent shall establish procedures for the
election.
(d)AA A majority of all votes cast is required to ratify an
agreement.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 7, eff. Sept. 1,
2001.
Sec.A143.361.AAAGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
(a) A written agreement ratified under this subchapter between a
public employer and the bargaining agent supersedes a previous
statute concerning wages, salaries, rates of pay, hours of work,
and other terms of employment other than pension benefits to the
extent of any conflict with the previous statute.
(b)AAA written agreement ratified under this subchapter
preempts all contrary local ordinances, executive orders,
legislation, or rules adopted by the state or a political
subdivision or agent of the state, such as a personnel board, a
civil service commission, or a home-rule municipality.
(c)AAAn agreement under this subchapter may not diminish or
qualify any right, benefit, or privilege of an employee under this
chapter or other law unless approved by a majority of the votes cast
at the secret ballot election held by the bargaining agent to ratify
the agreement.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 8, eff. Sept. 1,
2001.
Sec.A143.362.AAREPEAL OF AGREEMENT BY ELECTORATE. Within 45
days after the date an agreement is ratified and signed by the
municipality and the bargaining agent, a petition signed by a
number of registered voters equal to 10 percent of the votes cast at
the most recent mayoral general election in the municipality may be
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presented to the municipal secretary calling an election for the
repeal of the agreement, in which event the governing body shall
reconsider the agreement, and, if it does not repeal the agreement,
it shall call an election of the qualified voters to determine if
they desire to repeal the agreement. The election shall be held as
part of the next regularly scheduled municipal election or at a
special election called by the governing body for that purpose. If
at the election a majority of the votes are cast in favor of the
repeal of the adoption of the agreement, the agreement becomes
void. The ballot shall be printed to provide for voting for or
against the proposition:
"Repeal of the adoption of the agreement ratified by the
municipality and the police officers of the municipality concerning
wages, salaries, rates of pay, certain benefits, hours of work, and
other terms of employment."
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 9, eff. Sept. 1,
2001.
Sec.A143.363.AAPROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.
(a) For the purpose of any disciplinary appeal to either the civil
service commission or a hearing examiner, all police officers have
the right to choose to be represented by any person of their choice
or by the police employee group selected as the bargaining agent.
(b)AAAn agreement may not interfere with the right of a
member of a police employee group to pursue allegations of
discrimination based on race, creed, color, national origin,
religion, age, sex, or disability with the Commission on Human
Rights or the Equal Employment Opportunity Commission or to pursue
affirmative action litigation.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 10, eff. Sept. 1,
2001.
SUBCHAPTER K. CIVIL SERVICE STATUS OF EMERGENCY MEDICAL SERVICES
PERSONNEL IN CERTAIN MUNICIPALITIES
133
Sec. 143.401.AAAPPLICABILITY. (a) This subchapter applies
only to a municipality:
(1)AAwith a population of 460,000 or more that operates
under a city manager form of government; and
(2)AAthat employs emergency medical services personnel
in a municipal department other than the fire department.
(b)AAIn this subchapter, "emergency medical services
personnel" has the meaning assigned by Section 773.003, Health and
Safety Code. The term applies only to an individual certified under
Chapter 773, Health and Safety Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 708 (H.B. 554), Sec. 1,
eff. June 17, 2011.
Sec. 143.402.AAELECTION TO ADOPT OR REPEAL SUBCHAPTER.
(a)AAA municipality may hold an election to adopt or repeal this
subchapter as provided by this section.
(b)AAIf the governing body of the municipality receives a
petition requesting an election that is signed by a number of
registered voters who reside in the municipality equal to at least
10 percent of the number of voters who voted in the most recent
municipal general election, the governing body shall order an
election submitting to the voters the question of whether this
subchapter should be adopted. The election must be held on the first
authorized uniform election date prescribed by Chapter 41, Election
Code, that occurs after the petition is filed and that allows
sufficient time to comply with other requirements of law.
(c)AAThe ballot shall be printed to provide for voting for or
against the proposition: "Adoption of the emergency medical
services personnel civil service law." If a majority of the votes
received in the election favor adoption of this subchapter, the
governing body shall implement this subchapter.
(d)AAA petition for a subsequent election to be held under
Subsection (b) may not be filed for at least one year after the date
of a previous election under that subsection.AATo be valid, a
petition for a subsequent election must contain the signatures of a
number of registered voters who reside in the municipality equal to
at least 20 percent of the number of voters who voted in the most
134
recent municipal general election. Any subsequent election must be
held at the next municipal general election that occurs after the
petition is filed.
(e)AAIf the governing body of a municipality that has
operated under this subchapter for at least one year receives a
petition requesting an election to repeal this subchapter that is
signed by at least 10 percent of the registered voters who reside in
the municipality, the governing body shall order an election
submitting to the voters the question of whether this subchapter
should be repealed. If a majority of the votes received favor repeal
of this subchapter, this subchapter is void in that municipality.
Added by Acts 2011, 82nd Leg., R.S., Ch. 708 (H.B. 554), Sec. 1,
eff. June 17, 2011.
Sec. 143.403.AASTATUS OF EMPLOYEES IF SUBCHAPTER ADOPTED.
(a)AAEach person who is employed for more than six months as
emergency medical services personnel serving in a municipality at
the time this subchapter is adopted in the municipality and who is
entitled to civil service classification has the status of a civil
service employee and is not required to take a competitive
examination to remain in the position the person occupies at the
time of the adoption.
(b)AAOn adoption of this subchapter, the governing body of
the municipality employing emergency medical services personnel
shall classify the personnel in accordance with Section 143.021 and
the duties performed by the personnel.
(c)AATo the extent it can be made applicable, each provision
of this chapter, including the provisions relating to eligibility
lists, examinations, promotions, appointments, educational
incentive pay, longevity or seniority pay, certification pay,
assignment pay, salary, vacation leave, and disciplinary appeals,
applies to emergency medical services personnel covered by this
subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 708 (H.B. 554), Sec. 1,
eff. June 17, 2011.
135
APPENDIX 3
AGREEMENT
BETWEEN
THE CITY OF AUSTIN
AND
THE AUSTIN POLICE ASSOCIATION
EFFECTIVE October 1, 2008
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008
TABLE OF CONTENTS
Article 1 - Preamble .................................................................................................... 1
Article 2 - Definitions .................................................................................................. 1
Article 3 - Recognition ................................................................................................ 2
Article 4 - Management Rights .................................................................................. 3
Article 5- Non-Discrimination ................................................................................... 4
Article 6- Union Dues, Check Off and Indemnification ......................................... 5
Article 7- Wages and Benefits ................................................................................... 6
Article 8 - Overtime, On-Call, Court Time, and Call Back .................................. 11
Article 9- Special Leave Provisions ......................................................................... 12
Article 10- Holidays, Vacation and Sick Leave ..................................................... 13
Article 11 - Association Business Leave ................................................................. .14
Article 12 -Association Communication ................................................................. 16
Article 13 -Promotions ............................................................................................. 17
Article 14- Initial hiring Process ............................................................................. 30
Article 15- Drug Testing .......................................................................................... 35
Article 16- Citizen Oversight of the Austin Police Department ........................... 38
Article 17- Protected Rights of Officers ................................................................. 51
Article 18- Disciplinary Actions, Demotions and Appeals .................................... 54
Article 19- Assignment Changes ............................................................................. 62
Article 20- Agreement Grievance Procedure ......................................................... 63
Article 21- Term of Agreement .............................................................................. 66
Article 22 -Notices .................................................................................................... 68
Article 23- Entire Agreement .................................................................................. 69
Article 24 - Savings Clauses ...................................................................................... 70
Article 25- Consolidation of Public Safety Officers into APD ............................. 71
ii
I ARTICLE 1
2
3 PREAMBLE
4
5 Section 1. Date of Agreement
6
7 This Agreement made, entered into, and first effective this I st day of October, 2008
8 (unless specific provisions or Exhibit terms set forth a later effective date) by and
9 between the City of Austin, Texas, hereinafter referred to as the "CITY," and the Austin
10 Police ASSOCIATION, hereinafter referred to as the "ASSOCIATION," and its terms
II shall be effective only until the expiration date of the Agreement, or as stipulated in this
I2 Agreement.
I3
I4 Section 2. Purpose of Agreement
I5
I6 WHEREAS, the CITY has voluntarily endorsed the practices and procedures of the
I7 statutory meet and confer process as an orderly way of conducting its relations with its
I8 police officers, insofar as such practices and procedures are appropriate to the functions
I9 and obligations of the CITY to retain the rights to operate the CITY government
20 effectively in a responsible and efficient manner; and
2I
22 WHEREAS, the ASSOCIATION has pledged to support the service and mission of
23 the Austin Police Department and to abide by the statutorily imposed no strike or work
24 slow down obligations placed upon it; and
25
26 WHEREAS, it is the intent and purpose of the parties to set forth herein their entire
27 Agreement;
28
29 NOW, THEREFORE, IN CONSIDERATION OF THE mutual covenants and
30 agreements herein contained, the parties mutually agree as follows:
3I
32
33 ARTICLE 2
34
35 DEFINITIONS
36
37 The following definitions apply to terms used in this Agreement, unless a different
38 definition is required by the context in which the term is used.
39
40 I. "ASSOCIATION" means the Austin Police Association, and its officers and
4I agents authorized to act on its behalf
42
43 2. "Chief' means the Chief of Police of the Austin Police Department or his
44 designee.
45
Meet & Confer Agreement Between COA and APA
Effective October I, 2008
I 3. "Employer" or "CITY" means the City of Austin, Texas, the Austin Police
2 Department and its officers, agents, managers, and others authorized to act on the
3 CITY's behalf.
4
5 4. "HRD" means the City of Austin's Human Resources Department.
6
7 5. "Officer" means, all police officers, as the term is currently defined in Texas
8 Local Government Code, Section 143.003 (5), and those hired under the
9 provisions ofthis Agreement in the Austin Police Department, except the Head of
Io the Department and, unless otherwise specified, Assistant Department Heads in
II the rank or classification immediately below that of the Department Head. The
I2 term also excludes cadets, civilian employees, retirees, and any other employees
I3 specifically exempted by the terms of this Agreement. Probationary officers are
I4 excluded from the coverage of Article 18 and cannot file grievances pursuant to
I5 Article 20 regarding disciplinary actions.
I6
I7 6. "Meet and Confer Statute" means Subchapter I of Chapter 143 of the Texas Local
I8 Government Code, Sections 143.301-143.313.
I9
20 7. "Chapter 143" means Chapter 143 of the Texas Local Government Code.
2I
22 8. "Authorized ASSOCIATION Representative" means a representative of the
23 ASSOCIATION authorized by the ASSOCIATION's executive board to conduct
24 business on behalfofthe ASSOCIATION.
25
26 9. "Police Civil Service Commission" means the three (3) member Civil Service
27 Commission appointed by the City Manager, pursuant to Section 143.006 of the
28 Texas Local Government Code.
29
30 10. "Preemption" means to the extent that any provision of this article conflicts with
3I or changes Chapter 143 or any other statute, executive order, local ordinance, or
32 rule, this Agreement shall supersede such provision, as authorized by Section
33 143.307 of the Texas Local Government Code.
34
35 11 "Business day" means a day on which the City conducts normal business. In
36 addition, the day of the act, event or default after which a period of time begins to
37 run is not included. The last day of the period is included unless it is a weekend
38 or City observed holiday.
39
40
4I ARTICLE 3
42
43 RECOGNITION
44
45 The CITY recognizes the ASSOCIATION as the sole and exclusive bargaining agent
46 for all covered police officers, pursuant to Section 143.301 et seq. of Chapter 143,
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 2
I excluding the Police Chief, the Assistant Police Chiefs, and all civilian employees of the
2 Police Department.
3
4
5 ARTICLE 4
6
7 MANAGEMENT RIGHTS
8
9 Section 1. Retained Rights - General
10
II The CITY retains all inherent rights to manage the Police Department and its work
12 force which it presently enjoys, subject to applicable federal and state statutes and local
13 ordinances, resolutions, and rules, except as specifically provided in this Agreement.
14 These rights include, but are not limited to: direction of the work force, including but not
15 limited to, the right to hire; the right to discipline or discharge; the right to decide job
16 qualifications for hiring; the right to lay-off or abolish positions; the right to make rules
17 and regulations governing conduct and safety; the right to determine schedules of work
18 together with the right to determine the methods, processes and manner of performing
19 work; the determination of the size of the work force, and the assignment of work to
20 officers within the department, including the right to transfer officers; the determination
21 of policy affecting the selection of new officers; the right to establish the services and
22 programs provided by the department, including the nature and level of such services and
23 programs, as well as the type and quantity of resources allocated; the right to establish
24 work performance measurement and standards; and the right to implement programs to
25 increase the cost effectiveness of departmental operations.
26
27 Section 2. Retained Right of Independent Investigation
28
29 The Chief of Police and the City Manager fully retain their rights to independently
30 investigate police conduct.
31
32 Section 3. Public Report by Volunteer Citizen Panel or Independent Investigator
33
34 a) The provisions of Section 143.089(g) of the Texas Local Government Code are
35 expressly modified to the extent necessary to permit public release of a final report
36 prepared by an investigator who conducts an Independent Investigation authorized by the
37 Chief of Police or City Manager concerning police conduct. An "Independent
38 Investigation" does not include attorney-client work product or privileged material
39 related to the defense of claims or suits against the City of Austin. The release of a
40 Volunteer Citizen Panel (hereinafter "Panel") report is also authorized, subject to the
41 limitations in this agreement.
42
43 b) The public release of information authorized by this Section shall not contain or
44 reveal evidentiary facts, or other substantive investigative information from the file,
45 except to the extent that such information is at the time of such release no longer
46 protected from public disclosure by law, or is already public as a matter of fact by lawful
47 or authorized means or by the officer's own release. For example, the names of officers
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 3
in an investigation may not be released; but could be released if those officers have
2 elected to enter the public debate and discuss their involvement, or if the public has been
3 informed of identities by lawful or authorized means in the course of grand jury or other
4 legal proceedings. Likewise, the name, identifying characteristics, or contact information
5 for any involved party or complainant shall not be released, except to the extent that such
6 information is at the time of such release no longer protected from public disclosure by
7 law, or is already public as a matter of fact by lawful or authorized means or by the
8 officer's own release. The public statements authorized in this agreement are subject to
9 review by the City of Austin Department of Law to insure compliance with this
1o agreement and to determine whether the release of such information may be prohibited
II by any other law.
12
13 c) This Section shall apply to any Independent Investigation or citizen panel report
I4 whether completed prior to or after the effective date of this Agreement, and applies to
15 every position and rank within the Austin Police Department.
16
17
18 ARTICLE 5
19
20 NON-DISCRIMINATION
21
22 Section 1. Discrimination Prohibited
23
24 Neither the CITY nor the ASSOCIATION shall discriminate with regard to the
25 implementation of any term or condition of this contract, against any officer covered by
26 this Agreement in a manner which discrimination would violate any applicable federal or
27 state law or any CITY ordinances on the basis of race, creed, color, national origin, age,
28 sex, sexual orientation, or disability.
29
30 Section 2. Association Membership or Activity
31
32 Neither the CITY nor the ASSOCIATION shall interfere with the right of officers
33 covered by this Agreement to become or not become members of the ASSOCIATION,
34 and there shall be no discrimination against such officers because of lawful
35 ASSOCIATION membership or non-membership activity or status.
36
37 Section 3. Association Fair Representation.
38
39 The ASSOCIATION recognizes its responsibility as the exclusive representative under
40 the meet and confer statute and agrees to fairly represent all officers in the Department
41 covered by this Agreement.
42
43
44
45
46
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 4
ARTICLE 6
2
3 UNION DUES, CHECK OFF AND INDEMNIFICATION
4
5 Section 1. Payroll Deductions and Union Dues
6
7 Upon receipt of a signed authorization from an officer on a form supplied by the
8 CITY, the dues and assessments that existed on the date of this Agreement, including but
9 not necessarily limited to: APA dues, pagers, telephones, PAC, dues for Austin Police
IO Women's Association, Amigos en Azul and Texas Peace Officers Association, and
II contributions by officers to the Association's charitable organization, Austin Cops for
I2 Charities, shall be deducted from such officer's pay. Officers who are already having
I3 dues deducted as of the execution date of this Agreement are not required to submit a
I4 new dues deduction form. The dues deductions shall be remitted promptly to the treasurer
I5 of the ASSOCIATION. The ASSOCIATION agrees to defray the actual cost of making
I6 such deductions, except deductions for Austin Cops for Charities, not to exceed the per
I7 deduction amount paid by other employee associations. The City agrees to provide a list
I8 of those members for whom deductions are made each month. The ASSOCIATION may
I9 change the amount of the deduction for those employees who have authorized payroll
20 deductions by providing the City with a letter, at least thirty (30) calendar days in
2I advance of the change, from the ASSOCIATION President advising the City that the
22 amount has changed pursuant to the requirements of the ASSOCIATION's Constitution
23 and Bylaws. The ASSOCIATION will promptly refund to the CITY any amount paid to
24 the ASSOCIATION in error on account of this dues deduction provision. Additional
25 assessments may be deducted by mutual agreement of the parties.
26
27 Section 2. Other Payroll Deductions
28
29 The CITY agrees that it will not authorize payroll deduction of dues or fees for any
30 organization that purports to represent Austin police officers in employment matters, that
3I is not currently authorized to have payroll deduction of dues. This requirement shall not
32 apply to organizations specifically listed in this Article or organizations that enjoyed dues
33 check off as of the date the Austin City Council recognized the APA as the sole and
34 exclusive bargaining representative of officers in the Department, including the Austin
35 Police Association and the Combined Law Enforcement Association of Texas
36
37 Section 3. Indemnification
38
39 The ASSOCIATION shall jointly defend the provisions of this article on behalf
40 of both parties, and shall indemnify the CITY and any departments of the CITY
4I and hold it harmless against any and all claims, demands, suits or other forms of
42 liability that may arise out of, or by reason of, any actions taken by the CITY or any
43 department of the CITY for any purpose of complying with provisions of this
44 article. The Association shall be entitled to select and direct counsel for such
45 defense, but shall reasonably cooperate with counsel designated by the City
46 Attorney to participate.
47
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 5
1 Section 4. Effect of Contract Expiration
2
3
4 The provisions of this Article shall remain in full force and effect after expiration of
5 this Agreement until a successor Agreement has been reached, or twelve (12) months
6 after expiration of this Agreement.
7
8
9 ARTICLE 7
10
II WAGES AND BENEFITS
12
13 Section 1. Base Wages
14
15 a) For Fiscal Year 2008-2009
16
17 Effective with the pay period beginning December 7, 2008, the pay scale attached
18 hereto as Appendix A-1 shall apply to all police officers covered by this Agreement. The
19 pay scale reflects a 2.5% increase to base wages.
20
21 b) For Fiscal Year 2009-2010
22
23 Effective with the first pay period of Fiscal Year 2009-2010, the pay scale
24 attached hereto as Appendix A-2 shall apply to all police officers covered by this
25 Agreement. The pay scale reflects a 3.0% increase to base wages. Provided, however,
26 that if the majority of non-public safety employees, through any City-wide compensation
27 program, receive a base wage increase of less than two and one-half percent (2.5%) for
28 Fiscal Year 2009-2010, the three percent (3.0%) base wage increase provided for in this
29 Section shall be reduced to a base wage increase of two and three-quarters percent
30 (2.75%). If the base wage increase is adjusted as provided in this section, a new pay
31 scale will be substituted for Appendix A-2.
32
33 c) For Fiscal Year 2010-2011
34
35 Effective with the first pay period of Fiscal Year 2010-2011, the pay scale
36 attached hereto as Appendix A-3 shall apply to all police officer~ covered by this
37 Agreement. The pay scale reflects a 3.0% increase in base wages.
38
39 d) For Option Year of Agreement Fiscal Year 2011-2012
40
41 If the City exercises its option to extend this Agreement for a fourth year, as
42 provided in Article 21, the pay scale attached hereto as Appendix A-4 shall apply to all
43 police officers covered by this Agreement. The pay scale reflects a 3.0% increase to base
44 wages. Provided, however, that if the majority of non-public safety employees, through
45 any City-wide compensation program, receive a base wage increase of more than 3.0%
46 for Fiscal Year 2011-2012, the 3.0% base wage increase provided for in this Section shall
47 be increased to the base wage increase received by the majority of non-public safety
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 6
employees. If the base wage increase is adjusted as provided in this section, a new pay
2 scale will be substituted for Appendix A-4.
3
4 Section 2. Longevity Pay
5
6 a) Longevity pay in the amount of ninety-six dollars ($96.00) per year of service, up
7 to a maximum of 25 years, shall continue to be paid in a lump sum in the first regularly
8 scheduled pay period after the officer's anniversary date, which is the annual anniversary
9 of the officer's most recent commission date. Beginning with Fiscal Year 2010-2011,
10 longevity pay will be increased to one hundred dollars ($1 00.00) per year of service, up
II to a maximum of 25 years. This change in payment of longevity does not affect the
12 treatment of longevity for retirement and overtime purposes, and the CITY and the
13 officers shall continue making contributions for longevity payments.
14
15 b) It is expressly understood and agreed that this section shall be entitled to
16 preemption including but not limited to the provision of § 141.032 of the Texas Local
17 Government Code.
18
19 Section 3. Retirement Contributions
20 .
21 a) Beginning with Fiscal Year 2010-2011, the City shall increase its contribution
22 rate to the Austin Police Retirement System by one percent (1.0%).
23
24 b) If the City exercises its option to extend this Agreement for a fourth year (Fiscal
25 Year 2011-20 12), as provided in Article 21, the City shall increase its contribution rate to
26 the Austin Police Retirement System by an additional one percent (1.0%).
27
28 c) The City agrees that the statute governing the Austin Police Retirement System
29 should be amended to incorporate the increased City contribution rate provided in this
30 Agreement.
31
32 Section 4. Field Training Officer Pay
33
34 a) Field training officer (FTO) pay shall be paid at the effective rate of one hundred
35 and seventy five ($175.00) per month to each officer assigned in the FTO program, as
36 selected according to criteria established by the Chief. This payment shall not be made to
37 officers assigned to the Training Division, to the FTO Program Coordinator. Officers
38 authorized to train probationary patrol officers during their probationary period, and not a
39 part of the FTO program, will be compensated for the actual hours spent training.
40
4I b) It is expressly understood and agreed that this section shall be entitled to
42 preemption including but not limited to the provision of § 143.043 of the Texas Local
43 Government Code.
44
45
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 7
I Section 5. Mental Health Certification Pay
2
3 a) Mental Health Certification Pay shall be paid at the effective rate of one hundred
4 and seventy five dollars ($175.00) per month to each officer assigned to a Patrol Shift,
5 and serving as a Mental Health Officer as selected and approved according to criteria
6 established by the Chief. This payment shall not be made to the officers assigned to the
7 Crisis Intervention Team.
8
9 b) It is expressly understood and agreed that this section shall be entitled to
IO preemption including but not limited to the provision of Sections 143.041 and 143.042 of
II the Texas Local Government Code.
I2
I3 Section 6. Bilingual Pay
I4
I5 a) Bilingual pay will be paid at the rate of one hundred and seventy five ($175.00)
I6 per month for officers certified under standards established by the Chief and assigned to
I7 the bilingual program. The bilingual program shall include German, Spanish,
I8 French/Haitian, Asian (Vietnamese, Cantonese, Thai, Korean, Japanese, and Malaysian),
I9 Russian, Ukrainian, and sign language for the deaf. Officers will not be paid
20 cumulatively if they are certified in more than one language.
2I
22 b) It is expressly understood and agreed that this section shall be entitled to
23 preemption including but not limited to the provision of Sections 143.041 and 143.042 of
24 the Texas Local Government Code.
25
26 Section 7. Compensation for Lieutenants and Commanders
27
28 a) Lieutenants and Commanders shall be compensated on a salary basis and are
29 exempt employees for purposes of overtime compensation under applicable federal law.
30 The parties further agree that the Lieutenants and Commanders accept their salaries as
3I inclusive of any and all overtime compensation.
32
33 b) Lieutenants permanently assigned to an evening or night shift in Patrol shall be
34 paid an additional stipend of three hundred dollars ($300.00) per month. Lieutenants
35 assigned to a Patrol Area Command who are assigned to an evening or night shift for a
36 twenty eight (28) calendar day cycle, when the shift begins at or after 2:00 p.m., shall be
37 entitled to three hundred dollars ($300.00) per month.
38
39 c) It is expressly understood and agreed that this section shall be entitled to
40 preemption including but not limited to the provision of §143.047 and §142.0Ql5 of the
4I Texas Local Government Code.
42
43 Section 8. Assistant Chiefs
44
45 a) The Chief of Police has the right to set wages and benefits for the Assistant
46 Chiefs, subject to the approval of the City Council as a part of the budget. The Chief may
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 8
designate one Assistant Chief as the Executive Assistant or Chief of Staff, whose pay and
2 benefits may be different than the other Assistant Chiefs. Additional performance pay
3 may be awarded in the Chiefs discretion.
4
5 b) It is expressly understood and agreed that this section shall be entitled to
6 preemption including but not limited to the provision of §142.0Q15 and §143.041 of the
7 Texas Local Government Code.
8
9 Section 9. Clothing Allowance
IO
II During the term of this contract, the clothing allowance shall be five hundred dollars
I2 ($500.00) per year for all officers deemed eligible by the Chief, with a payment schedule
I3 to be determined by the Chief.
I4
I5 Section 10. Education and Certificate Pay
I6
I7 An officer shall be entitled to either Certificate pay or Education pay, at the highest
I8 qualifying rate, but shall not be entitled to both. Education pay shall only be payable for
I9 degrees or college credit from an accredited college or university. An accredited college
20 or university is an institution of higher education that is accredited or authorized by the
2I Southern Association of Colleges and Schools, the Middle States Association of Colleges
22 and Schools, the New England Association of Schools and Colleges, the North Central
23 Association of Colleges and Schools, the Northwest Association of Schools and Colleges,
24 or the Western Association of Schools and Colleges (Reference: TCLEOSE Rule
25 211.1(a)(3), as modified by the Commission from time to time).
26
27 a) Certificate Pay
28
29 (1) Each officer holding an Intermediate TCLEOSE Certificate shall be paid
30 fifty dollars ($50.00) per month. Each officer holding an Advanced TCLEOSE
3I Certificate shall be paid one hundred dollars ($1 00) per month. Each officer holding a
32 Master TCLEOSE Certificate shall be paid one hundred fifty dollars ($150.00) per
33 month.
34
35 (2) No officer hired after March 25, 2001, will be eligible for Intermediate or
36 Advanced Certificate pay. Certificate pay amounts at or above those set forth in this
37 agreement remain in effect, and this agreement continues the right of all officers to
38 qualify for or achieve Master Certification pay.
39
40 b) Education Incentive Pay
4I
42 (1) Each officer holding an Associate's degree or sixty (60) hours of college
43 credit shall be paid one hundred dollars ($100.00) per month.
44
45 (2) Each officer holding a Bachelor's degree shall be paid two hundred and
46 twenty dollars ($220.00) per month.
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 9
2 (3) Each officer holding a Master's degree shall be paid three hundred dollars
3 ($300.00) per month.
4
5 c) Preemption
6
7 It is expressly understood and agreed that this section shall be entitled to
8 preemption including but not limited to the provision of Sections 143.041 and 143.044 of
9 the Texas Local Government Code.
10
II Section 11. Shift Differential
12
13 a) The CITY shall pay an additional three hundred dollars ($300.00) per month to an
14 officer normally assigned to an evening or night shift for a twenty eight (28) calendar day
15 cycle, when the shift begins at or after 2:00p.m. Only officers working 50% or more of
16 their shifts beginning at or after 2:00p.m., in a 28 calendar day cycle, shall be eligible.
17 Shift differential pay shall apply to all ranks up to and including Sergeant. This provision
18 shall apply in lieu of the City policy applicable to shift differential for any other
19 employees
20
21 b) It is expressly understood and agreed that this section shall be entitled to
22 preemption including but not limited to the provision of §143.047 of the Texas Local
23 Government Code.
24
25 Section 12. Monthly Paid Compensation
26
27 It is expressly understood and agreed that the CITY reserves the right to pro-rate and
28 pay all monthly payments in bi-weekly equivalents.
29
30 Section 13. Preemption
31
32 It is expressly understood and agreed that all provisions of this Article shall preempt
33 any statute, Executive Order, local ordinance, City policy or rule, which is in conflict
34 with this Agreement and the procedures developed hereunder, including for example and
35 not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the
36 Texas Local Government Code, including but not limited to Sections 141.032 and
37 142.0015 and Sections 143.041 through 143.047.
38
39
40
41
42
43
44
45
46
47
48
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 10
ARTICLE 8
2
3 OVERTIME, ON~CALL, COURT TIME AND CALL BACK
4
5 Section 1. Overtime
6
7 For purposes of computing overtime, all approved paid leave time, other than sick
8 leave, shall be calculated as hours worked.
9
I0 Section 2. On-call status
II
12 The City will allow eight (8) hours of comp time per week for any non-exempt officer
13 on call, as defined by Department policy implemented by the Chief. Officers placed on
14 "court call" while under subpoena to court for two or more consecutive calendar days,
15 shall not be eligible under the prior sentence, but shall receive one (1) hour of additional
16 ·comp time per day for each regularly scheduled day off or pre-approved leave day.
17
18 Section 3. Court time
19
20 a) An officer who attends court more than one hour before the start of his/her
21 regularly scheduled shift shall receive a minimum of four (4) hours compensation at time
22 and one half. (e.g. If the officer is assigned to work from 9:00 a.m. till 7:00 p.m., and
23 he/she must attend municipal court at 7:00 a.m. the same day, the officer is entitled to
24 four (4) hours of overtime).
25
26 b) If the officer attends court one hour or less before the start of his/her regularly
27 scheduled shift, the officer shall receive one (1) full hour of compensation at time and
28 one half. (e.g. if the officer's shift starts at 9:00 a.m., but he/she must attend municipal
29 court at 8:00a.m. or later, the officer shall receive one full hour of overtime).
30
31 c) An officer who attends court after his/her regularly scheduled shift has ended
32 shall receive a minimum of four (4) hours compensation at time and one half (e.g. If the
33 officer is assigned to work from 10:00 p.m. till 8:00 a.m., and he/she must attend
34 municipal court at 8:00 a.m. the same date, the officer is entitled to four (4) hours of
35 overtime).
36
37 d) If the officer's court assignment begins during his/her regularly scheduled shift
38 but continues beyond his/her normal duty hours, the officer will only be entitled to the
39 actual amount of overtime hours worked. (e.g. If the officer is assigned to work from
40 10:00 p.m. till 8:00a.m., and if the officer's court assignment begins at 7:30a.m. and the
41 officer is not dismissed from court until 9:00 a.m., the officer shall receive only one (1)
42 hour of overtime).
43
44
45
46
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 II
Section 4. Call back
2
3 a) Non-exempt officers who are off-duty and receive notification to return to duty
4 status one hour or less before the start of their regularly scheduled shift shall receive one
5 ( 1) full hour of compensation at time and one half.
6
7 b) Non-exempt officers who are off-duty and receive notification to return to duty
8 status shall receive a minimum of three (3) hours of compensation at time and one half
9 when notified to return to duty status:
10
II I. After the conclusion of their regularly scheduled shift, or
12 2. More than one (1) hour before their regularly scheduled shift.
I3
14 c) Non-exempt officers who are off-duty and receive notification to return to duty
I5 status shall receive only fifteen (15) minutes of compensation at time and a half should
I6 the callback be cancelled within fifteen ( 15) minutes of the notification, or the actual time
17 spent completing the assignment lasted no more than fifteen (15) minutes.
18
19 Section 5. Preemption
20
2I It is expressly understood and agreed that all provisions of this Article shall preempt
22 any statute, Executive Order, local ordinance, City policy or rule, which is in conflict
23 with this Agreement and the procedures developed hereunder, including for example and
24 not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the
25 Texas Local Government Code, including but not limited to Sections 142.0015 and
26 142.009.
27
28
29 ARTICLE 9
30
31 SPECIAL LEAVE PROVISIONS
32
33 Section 1. Emergency Leave
34
35 Each officer may utilize up to forty (40) hours ofpaid emergency leave for a death in
36 the immediate family as defined in the City of Austin personnel policies.
37
38 Section 2. Sick Leave Donation
39
40 If an officer is in danger of having used all accrued time (vacation, sick, etc.) due to a
4I serious illness or injury, as defined by the FMLA, other officers may voluntarily donate
42 up to forty (40) hours of vacation or sick leave to the ill or injured employee to avoid loss
43 of pay. No officer shall be permitted to bank more than four hundred (400) hours of such
44 donated leave within any twelve (12) month period of time. Donated leave may only be
45 used for the officer to whom donated. In the event that all of the donated leave time is
46 not used, the City shall not be obligated to make any redistribution of banked hours to the
47 donors. The remaining unused donated amount shall not be paid on separation.
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 12
2 Section 3. Payment of Sick Leave on Separation
3
4 Separation pay for accrued sick leave will be paid only to officers with at least ten
5 (10) years of actual service who separate in good standing. An officer shall not be
6 considered to have separated in good standing if he/she is indefinitely suspended or
7 leaves the Department in lieu of termination. The maximum accrued sick leave payable
8 will be I ,400 hours.
9
Io Section 4. Administrative Leave
II
I2 Officers may be granted Administrative Leave based on participation in a City or
13 departmental program that awards Administrative Leave to program participants or for
I4 any purpose or event authorized by the Chief.
I5
I6 Section 5. Preemption
I7
I8 It is expressly understood and agreed that all provisions of this Article shall preempt
I9 any statute, Executive Order, local ordinance, City policy or rule, which is in conflict
20 with this Agreement and the procedures developed hereunder, including for example and
2I not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the
22 Texas Local Government Code, including but not limited to Sections 143.041, 143.045,
23 143.046.
24
25
26 ARTICLE 10
27
28 HOLIDAYS, VA CATION AND SICK LEAVE
29
30 Section 1. Christmas Holiday
3I
32 All non-exempt hourly employees whose shift begins on December 25 shall continue
33 to be paid time and one half their regular hourly rate for all hours actually worked for the
34 entire shift. Exempt employees who are required by their immediate supervisor to work
35 on Christmas shall be paid a holiday stipend pursuant to City policy.
36
37 Section 2. Seniority Standards
38
39 The City shall provide by policy for the application of seniority standards on use of
40 Holidays and Vacation, but agrees that any policy will apply equal standards, either
41 department-wide or division-wide.
42
43 Section 3. Vacation Accrual Rate
44
45 All sworn officers shall accrue regular vacation leave at the rate of 6.25 hours for
46 each pay period in which benefits accrue.
47
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 I3
Section 4. Accrual Caps for Vacation and Exception Vacation
2
3 All sworn officers may accrue up to four hundred (400) hours of vacation and up to
4 one hundred sixty (160) hours of exception vacation. The maximum hours of vacation
5 payable upon separation shall continue to be two hundred forty (240) hours of vacation
6 and one hundred sixty (160) hours of exception vacation, in accordance with City policy.
7
8 Section 5. Sick Leave Accrual Rate
9
10 All sworn officers shall accrue sick leave at the rate of 6.08 hours for each pay period
II in which benefits accrue.
I2
I3 Section 6. Preemption
I4
I5 It is expressly understood and agreed that all provisions of this Article shall preempt
I6 any statute, Executive Order, local ordinance, City policy or rule, which is in conflict
I7 with this Agreement and the procedures developed hereunder, including for example and
I8 not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the
I9 Texas Local Government Code, including but not limited to Sections 142.0013;
20 142.0015; 142.0016; and Sections 143.045 and 143.046.
2I
22
23 ARTICLE 11
24
25 ASSOCIATION BUSINESS LEAVE
26
27 Section 1. Time Off For Association Business
28
29 a) An ASSOCIATION business leave time pool (the Pool) shall be created for the
30 purpose of conducting ASSOCIATION business. Association business is defined as time
3I spent in Meet and Confer negotiations, adjusting grievances or in dispute resolution
32 process, attending the annual State CLEAT conference, the Association's Executive
33 Board meetings, and regular Association business meetings. It is specifically understood
34 and agreed that Association pool time shall not be utilized for legislative and/or political
35 activities at the State or National level, unless they relate to the wages, rates of pay, hours
36 of employment, or conditions of work affecting the members of the ASSOCIATION. At
37 the local level, the use of Association pool time for legislative and/or political activities
38 shall be limited to raising concerns regarding officer safety. Association pool time shall
39 not be utilized for legislative and/or political activities related to any election of public
40 officials or City Charter amendments. Association pool time shall not be utilized for
41 legislative and/or political activities that are sponsored or supported by the Association's
42 Political Action Committee(s).
43
44 b) It is specifically understood and agreed that no Association pool time shall be
45 utilized for legislative and/or political activities at the local, state, or national level that
46 are contrary to the City's adopted legislative program. No Association pool time shall be
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 14
utilized for activities prohibited by Section 143.086 of Chapter 143 or by the Texas
2 Ethics Commission. Nothing contained in this Subsection is intended to limit the use of
3 the individual officer's remaining vacation time by the officer for legislative and/or
4 political activities.
5
6 Section 2. Establishment of Association Leave Time Pool
7
8 a) Each year during the term of this Agreement, during the first ten (1 0) days of the
9 calendar year, the City will contribute 7,000 hours of Association Business Leave to a
Io pool of leave time which may be used in accordance with this Article. The City will
11 track deductions from the pool as Association Business Leave is used.
12
13 b) Any pool hours remaining at the end of a calendar year will remain in the pool to
14 be utilized in the following year. Hours of leave in the pool shall never have any cash or
15 surrender value.
16
17 Section 3. Use of Association Business Leave Time Pool
18
19 a) All Association business leave will be requested in writing to the ASSOCIATION
20 President, and submitted in advance for approval by the Chief, including a determination
21 that the occurrence for which Pool time is requested meets the requirements established
22 in Section 1. The Chief may waive the requirement that the request and approval be in
23 writing. Requests for use of Pool time shall be made as far in advance as is practicable.
24 The ASSOCIATION President may be permitted up to 2080 hours of such leave, under
25 criteria set by the Chiefs office in a written policy. The ASSOCIATION President shall
26 account for all leave time taken under such status through the Chiefs office, and such
27 time shall be subtracted from the Association leave pool. There shall be no entitlement
28 for overtime pay for any hours worked on ASSOCIATION business. Such employee
29 may at any time be required to return to duty if any emergency situation or the best
30 interests of the Department require; and such employee may additionally be assigned to
31 special projects, in the discretion of the Chief.
32
33 b) ASSOCIATION Board Members and each of the standing Committee
34 Chairpersons may each be authorized to utilize up to three hundred (300) hours from the
35 Pool during the year. Subject to the Chiefs operational control and approval, two Board
36 Members or Committee Chairpersons may be authorized to utilize more than three
37 hundred (300) hours of leave from the Pool during the year .. No more than one-half (112)
38 of the hours specified in this Subsection may be used for legislative and/or political
39 activities as limited in Subsection I above. The ASSOCIATION may request approval
40 for the use of additional Pool hours for ASSOCIATION members. Any use of additional
41 Pool time will be solely at the Chiefs discretion. The practice of addressing cadet classes
42 twice during cadet training, with approval of the time and content by the Chief, shall
43 continue through the duration of this Agreement. Such time spent addressing cadet
44 classes shall be deducted from the Pool. This provision does not exclude the Chief from
45 approving other individuals or groups to address cadet classes at his discretion, including
46 employee representative groups with current dues check off.
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 15
2 Section 4. Indemnification
3
4 The ASSOCIATION shall jointly defend the provisions of this article on behalf
5 of both parties, and shall indemnify the CITY and any Department of the CITY and
6 hold it harmless against any and all claims, demands, suits or other forms of liability
7 that may arise out of, or by reason of, any actions taken by the CITY or any
8 Department of the CITY for any purpose of complying with provisions of this
9 article. The Association shall be entitled to select and direct counsel for such
Io defense, but shall reasonably cooperate with counsel designated by the City
II Attorney to participate.
12
13 Section 5. Effect of Contract Expiration
14
15 The provisioqs of this Article shall remain in full force and effect after expiration of
16 this Agreement until a successor Agreement has been reached, or twelve (12) months
17 after expiration of this Agreement.
18
19
20 ARTICLE 12
21
22 ASSOCIATION COMMUNICATION
23
24 The ASSOCIATION'S access to City facilities and equipment to communicate with
25 its membership shall include the use of one (I) bulletin board installed at each substation
26 and satellite office, one ( 1) in the central Criminal Investigations Bureau report writing
27 room, and one (1) in one other location agreed to by the ASSOCIATION and the Chief,
28 and Departmental pagers. Use of pagers shall be in accordance with written Departmental
29 policy, or shall otherwise be approved in advance by the Chiefs office. Use of
30 department equipment to create or send email on ASSOCIATION business is not
31 allowed. The design and placement of the bulletin boards shall be approved in advance
32 by the Chief or his designee.
33
34 Section 1. Guidelines for Association Bulletin Boards
35
36 The following guidelines shall apply to materials posted on the bulletin boards:
37
38 a) There shall be no personal attacks or inflammatory statements.
39
40 b) All materials shall be directed toward dissemination of ASSOCIATION
41 information.
42
43 c) Any concerns about the content of posted material shall be brought to the
44 attention of the ASSOCIATION'S executive board for review and
45 adjustment as soon as the concerns are noticed. The Chief shall direct the
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 16
I objectionable material to be removed from the bulletin board until final
2 determination.
3
4 d) In any case, the Police Chief retains the final decision as to whether
5 ASSOCIATION material may be posted on bulletin boards. At no time
6 shall the bulletin boards contain any political endorsement, whether at the
7 local, state or federal level.
8
9
IO
II ARTICLE 13
I2
13 PROMOTIONS
I4
I5 Section 1. Corporal/Detective
I6
I7 This Section becomes effective when the City Council adopts a classification
I8 ordinance that combines the current ranks of Corporal and Detective.
I9
20 Vacancies that occur in the current ranks of Corporal and/or Detective before the
21 ranks are combined will be filled from existing eligibility lists until those lists are
22 exhausted or expire. Vacancies created after expiration of the current lists will be filled
23 from a list resulting from a Corporal/Detective exam that will be administered on or
24 before March 31, 2009.
25
26 a) Eligibility
27
28 (1) A Police Officer shall be eligible to sit for the Corporal/Detective
29 promotional examination after completing four (4) continuous years of service in the rank
30 of Police Officer immediately before the date of the written examination from the date of
31 initial commission with APD.
32
33 (2) The job description for the Corporal/Detective rank shall include the duties
34 previously applicable to the separate ranks of Corporal and Detective and shall include
35 acting as a supervisor when a Sergeant is not available, conducting assigned investigation
36 and other duties as determined by the Chief and set out in the job description and general
37 orders.
38
39 (3) A Corporal/Detective becomes eligible for promotion to Sergeant after two
40 (2) continuous years in rank. Any Corporal/Detective designated to perform duties as an
41 acting Sergeant, shall be entitled to higher classification pay under the same criteria set
42 forth in Department policy then applicable to any other supervisor temporarily working in
43 the next higher rank.
44
45 (4) The first examination for the rank of Corporal/Detective will occur no later
46 than March 31, 2009. Positions in the rank of Corporal/Detective shall be filled from an
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 I7
eligibility list created by a promotional procedure consisting of a written examination
2 conducted in accordance with this Article.
3
4 b) Scoring
5
6 For the rank of Corporal/Detective the eligibility list shall be calculated as
7 follows:
8
9 Written examination points:
Io (See Section 5)
II
12 Maximum Exam Points 100
13
14 Maximum Education Points 2
15
16 Maximum Seniority Points
17
18 Total Maximum Points: 117**
19
20 *Seniority points calculated at 1 point per year of service, and shall be prorated for partial
21 years.
22
23 **Formula shall be carried to 3 decimal points and rounded up from .0005. Police Civil
24 Service tie-breaking rules will be applied if necessary.
25
26 c) Seniority
27
28 Each officer shall be entitled to up to a maximum of fifteen (15) seniority points
29 to be added to the written exam score, equivalent to one (1) point per year of service,
30 which shall be prorated for partial years.
31
32 d) Education
33
34 (1) The following education points shall be added to each candidates score, and
35 shall only apply to college degrees from an accredited college or university, meeting the
36 accreditation standard referenced in Article 7 Section 10 for education incentive pay. No
37 cumulative points shall be allowed for more than one degree or Certification.
38
39 (i) Add .5 point for 60 college credits
40 (ii) Add 1.0 point for Bachelor Degree or Master Police Officer Certificate
41 (iii)Add 2.0 points for Masters Degree
42
43 It is the responsibility of the officer seeking education points to ensure that the
44 Training Academy has the necessary supporting documentation for education points. The
45 documentation must be received by the Training Academy no later than 5:00p.m. on the
46 seventh (7th) business day before the written examination is administered. No education
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 18
points will be counted unless proper documentation is timely received by the Training
2 Academy.
3
4 e) Preemption
5
6 It is expressly understood and agreed that all provisions of this Article shall
7 preempt any statute, Executive Order, local ordinance, City policy or rule, which is in
8 conflict with this Agreement and the procedures developed hereunder, including for
9 example and not by way of limitation, any contrary provisions of Chapters 141, 142, and
1o 143 of the Texas Local Government Code, including but not limited to the provisions of
II Subchapter B of Chapter 143 of the Texas Local Government Code.
12
13 Section 2. Sergeant
14
15 a) Promotional Procedure for Rank of Sergeant
16
17 (1) Positions in the rank of Sergeant shall be filled from an eligibility list created
18 by a promotional procedure consisting of a written examination and either a Technical
19 Skills Evaluation or an Assessment Center conducted in accordance with this Article.
20
21 (2) For each promotional cycle, the Chief of Police will determine whether the
22 process will include a Technical Skills Evaluation or an Assessment Center. The notice
23 for the Written Examination shall indicate whether the process will include a Technical
24 Skills Evaluation or an Assessment Center.
25
26 b) Optional Technical Skills Evaluation
27
28 (1) The Technical Skills Evaluation will be developed by a consultant chosen by
29 the Chief of Police from a list generated by the Human Resources Department. The
30 Evaluation will consist of a written scenario to which the candidate shall submit a written
31 response.
32
33 (2) The Evaluation will be administered by the Civil Service Commission
34 immediately following the Written Examination and before the grading of the Written
35 Examination. The candidate's written responses to the Evaluation will be sealed and held
36 for scoring by assessors selected by the consultant based on the same criteria used for
37 selecting Assessment Center assessors in Section 6 below. The candidate's written
38 responses to the Evaluation will not be graded unless the candidate scored at least seventy
39 percent (70%) on the Written Examination.
40
41 (3) Scoring of the written responses will be based on a key provided to the
42 assessors by the consultant. The scoring key will award points based on whether the
43 response includes applicable topics or concepts and shall not allow partial credit for
44 topics or concepts, to ensure that the scoring is objective in nature and does not reflect the
45 assessor's subjective judgment.
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 19
I
2 c) Scoring
3
4 After the Assessment Center or Technical Skills Evaluation scoring has been
5 completed for the rank of Sergeant the eligibility list shall be calculated as follows:
6
7
8 Written examination points: Assessment Center or
9 Technical Skills Evaluation
10
II Maximum exam points 100 Maximum points 100
12
13 Maximum seniority points + 15 * Maximum education points + 2
14
15 Total maximum points: 115 Total maximum points: 102
16
17 *Seniority points calculated at 1 point per year of service, and shall be prorated for
18 partial years.
19
20
21 PROMOTION ELIGIBILITY LIST FORMULA:
22
23 (Written examination points+ seniority points) I 115 x 100 x .70 adjustment factor
~ +
25 (Assessment Center or Technical Skills Evaluation Points+ Education Points)
26 I 102 x 100 x .30 adjustment factor
27
28 Total points for promotion list**
29
30 **Formula shall be carried to 3 decimal points and rounded up from .0005. Police Civil
31 Service tie-breaking rules will be applied if necessary.
32
33 d) Seniority
34
35 Each officer shall be entitled to up to a maximum of fifteen (15) seniority points
36 to be added to the written exam score, equivalent to one ( 1) point per year of service,
37 which shall be prorated for partial years.
38
39 e) Education
40
41 (1) The following education points shall be added to each candidate's score.
42 These points shall only be added to the Assessment Center or Technical Skills Evaluation
43 score in accordance with the formula below, and shall only apply to college degrees from
44 an accredited college or university, meeting the accreditation standard referenced in
45 Article 7 Section 10 for education incentive pay. No cumulative points shall be allowed
46 for more than one degree or Certification.
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 20
I
2 (i) Add .5 point for 60 college credits
3 (ii) Add 1.0 point for Bachelor Degree or Master Police Officer Certificate
4 (iii)Add 2.0 points for Masters Degree
5
6 (2) It is the responsibility of the officer seeking education points to ensure that the
7 Training Academy has the necessary supporting documentation for education points. The
8 documentation must be received by the Training Academy no later than 5:00p.m. on the
9 seventh (7th) business day before the written examination is administered. No education
I0 points will be counted unless proper documentation is timely received by the Training
II Academy.
I2
I3 t) Preemption
I4
I5 It is expressly understood and agreed that all provisions of this Article shall preempt
I6 any statute, Executive Order, local ordinance, City policy or rule, which is in conflict
I7 with this Agreement and the procedures developed hereunder, including for example and
18 not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the
I9 Texas Local Government Code, including but not limited to the provisions of Subchapter
20 B of Chapter 143 ofthe Texas Local Government Code.
2I
22 Section 3. Lieutenant
23
24 a) Promotional Procedure for Rank of Lieutenant
25
26 Positions in the rank of Lieutenant shall be filled from an eligibility list created by
27 a promotional procedure consisting of a written examination and an Assessment Center
28 conducted in accordance with this Article.
29
30 b) Scoring
3I
32 After the Assessment Center scoring has been completed, for the rank of
33 Lieutenant the eligibility list shall be calculated as follows:
34
35 Written examination points: Assessment Center:
36 (See Section 5)
37
38 Maximum exam points 100 Assessment Center points I 00
39
40 Maximum seniority points +15* Maximum education points +2
4I
42 Total maximum points: 115 Total maximum points: 102
43
44 *Seniority points calculated at 1 point per year of service, and shall be prorated for partial
45 years.
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 2I
I
2 PROMOTION ELIGIBILITY LIST FORMULA:
3
4 (Written examination points+ seniority points) I 115 x 100 x .50 adjustment factor
5 +
6 (Assessment Center Points+ Education Points) I 102 x 100 x .50 adjustment factor
7
8
9 Total points for promotion list**
10
II **Formula shall be carried to 3 decimal points and rounded up from .0005. Police Civil
I2 Service tie-breaking rules will be applied if necessary.
I3
14 c) Seniority
15
I6 Each officer shall be entitled to up to a maximum of fifteen (15) seniority points
I7 to be added to the written exam score, equivalent to one (1) point per year of service,
18 which shall be prorated for partial years.
I9
20 d) Education
21
22 (1) The following education points shall be added to each candidate's score.
23 These points shall only be added to the assessment score in accordance with the formula
24 below, and shall only apply to college degrees from an accredited college or university,
25 meeting the accreditation standard referenced in Article 7 Section 10 for education
26 incentive pay. No cumulative points shall be allowed for more than one degree.
27
28 (i) Add 1.0 point for Bachelor Degree
29 (ii) Add 2.0 points for Masters Degree
30
3I (2) It is the responsibility of the officer seeking education points to ensure that the
32 Training Academy has the necessary supporting documentation for education points. The
33 documentation must be received by the Training Academy no later than 5:00 p.m. on the
34 seventh (7 1h) business day before the written examination is administered. No education
35 points will be counted unless proper documentation is timely received by the Training
36 Academy.
37
38 c) Preemption
39
40 It is expressly understood and agreed that all provisions of this Article shall
4I preempt any statute, Executive Order, local ordinance, City policy or rule, which is in
42 conflict with this Agreement and the procedures developed hereunder, including for
43 example and not by way of limitation, any contrary provisions of Chapters 141, 142, and
44 143 of the Texas Local Government Code, including but not limited to the provisions of
45 Subchapter B of Chapter 143 of the Texas Local Government Code.
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 22
I
2 Section 4. Commanders
3
4 a) Promotional Procedure for Rank of Commander
5
6 Positions in the rank of Commander shall be filled from an eligibility list created
7 by a promotional procedure consisting of a written examination and an Assessment
8 Center conducted in accordance with this Article.
9
10 b) Scoring
II
12 After the Assessment Center scoring has been completed for the rank of
13 Commander, the eligibility list shall be calculated as follows:
14
15 Written examination points: Assessment Center:
16 (See Section 5)
17
18 Maximum exam points 100 Assessment Center points I 00
19
20 Maximum seniority points + 15* Maximum education points + 2
21
22 Total maximum points: 115 Total maximum points: 102
23
24 *Seniority points calculated at 1 point per year of service, and shall be prorated for partial
25 years.
26
27
28 PROMOTION ELIGIBILITY LIST FORMULA:
29
30 (Written examination points+ seniority points) I 115 x 100 x .50 adjustment factor
31 +
32 (Assessment Center Points+ Education Points) I 102 x 100 x .50 adjustment factor
33
34
35 Total points for promotion list**
36
37 **Formula shall be carried to 3 decimal points and rounded up from .0005. Police Civil
38 Service tie-breaking rules will be applied if necessary.
39
40 c) Seniority
41
42 Each officer shall be entitled to up to a maximum of fifteen (15) seniority points
43 to be added to the written exam score, equivalent to one (1) point per year of service,
44 which shall be prorated for partial years.
45
46
Meet & Confer Agreement Between COA and AP A
Effective October 1, 2008 23
I
2 d) Education
3
4 (1) The following education points shall be added to each candidate's score.
5 These points shall only be added to the assessment score in accordance with the formula
6 below, and shall only apply to college degrees from an accredited college or university,
7 meeting the accreditation standard referenced in Article 7 Section 10 for education
8 incentive pay. No cumulative points shall be allowed for more than one degree.
9
10 (i) Add 1.0 point for Bachelor Degree
II (ii) Add 2.0 points for Masters Degree
I2
I3 (2) It is the responsibility of the officer seeking education points to ensure that the
14 Training Academy has the necessary supporting documentation for education points. The
15 documentation must be received by the Training Academy no later than 5:00p.m. on the
16 seventh (7 1h) business day before the written examination is administered. No education
I7 points will be counted unless proper documentation is timely received by the Training
18 Academy.
I9
20 e) Preemption
21
22 It is expressly understood and agreed that all provisions of this Article shall
23 preempt any statute, Executive Order, local ordinance, City policy or rule, which is in
24 conflict with this Agreement and the procedures developed hereunder, including for
25 example and not by way of limitation, any contrary provisions of Chapters 141, 142, and
26 143 of the Texas Local Government Code, including but not limited to the provisions of
27 Subchapter B of Chapter 143 of the Texas Local Government Code.
28
29 Section 5. Written Examination for Promotion to the Ranks of Corporal/ Detective,
30 Sergeant, Lieutenant, and Commander.
31
32 All candidates for the ranks of Corporal/Detective, Sergeant, Lieutenant, and
33 Commander shall first take a written examination. The maximum score for the written
34 examination shall be one hundred (100) points. The written examination shall consist of
35 questions relating to the duties of the rank to be filled, as contained in reading material
36 selected by the Chief of Police. The CITY may engage an independent consultant to
37 professionally develop the written examination questions after consultations with the
38 Human Resources Department (HRD). The CITY will make a reasonable effort to have
39 the written examination validated. The examination may be validated before or after the
40 examination is given. Prior to being administered, the finalized examination shall be kept
4I in a safe and secure manner.
42
43 The CITY shall make reasonable efforts to provide a six (6) month study time
44 window prior to promotional examinations, but it is recognized that expiration or
45 exhaustion of a list may necessitate an earlier examination.
46
47
Meet & Confer Agreement Between COA and APA
Effective October 1, 2008 24
Section 6. Assessment Center Process for Promotion to the Ranks of Sergeant,
2 Lieutenant or Commander.
3
4 a) Officers who pass the Sergeant's, Lieutenant's or Commander's written
5 promotional examination with a score of seventy percent (70%) or higher will proceed to
6 the next step of the examination process, which is an Assessment Center (unless a
7 Technical Skills Evaluation is used for the rank of Sergeant).
8
9 b) Prior to the written test being administered, the Chief shall establish assessment
10 criteria based on job content and responsibility. The Human Resources Department will
11 generate a list of consultants, and will review that list with the Chief, who will approve
12 the list. The Chief shall also appoint three (3) members to serve on an Assessment
13 Center Review Committee (ACRC), plus one (1) alternate. The ASSOCIATION shall
14 also select three (3) individuals to serve on the ACRC and one (I) alternate. All ACRC
15 members shall be selected from the tested rank or above. The ACRC shall meet and
16 consider the list of consultants approved by the Chief and select the Assessment Center
17 Consultant from the list which may be subject to Council approval, pursuant to City
18 purchasing policies and procedures.
19
20 c) After the Assessment Center Consultant has been selected, the Consultant will
21 orient the ACRC. The Consultant will confer with both the Chief and the ACRC on the
22 needs or issues affecting the design of the Assessment Center. Any input from the
23 ASSOCIATION will be summarized by the ACRC and made available to anyone who
24 requests it. The Consultant shall make all final decisions concerning the design and
25 implementation of the Assessment Center.
26
27 d) The consultant will design the Assessment Center from among the following
28 exercises:
29
30 In-Basket
31 Problem Solving/Analysis
32 Written and Oral Resumes/Structured Interviews
33 Role-Playing
34 Memo/Report Writing
35 Oral Presentation/Plan Preparation
36 StaffMeeting
37 Special Event/Operations.
38
39 The consultant is not required to utilize all of the exercises, but may select the
40 exercises or combine the listed exercises into one or more exercises that are best suited
41 for the particular rank.
42
43 e) The Consultant also selects the assessors, who shall meet the following criteria:
44
45 (1) Active duty, sworn officers of similar rank to the promotion, or above, from
46 cities with a population of200,000 or greater;
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 25
2 (2) Shall not reside in Austin;
3
4 (3) Shall not be related to any candidates for promotion;
5
6 (4) Shall not be known to, beyond mere acquaintance, any candidates for
7 promotion;
8
9 (5) Shall have two (2) years of experience in the promoted or equivalent rank; and
10
II (6) Shall not be a current or former employee of the City of Austin.
12
13 f) The Consultant shall conduct an orientation for candidates prior to administering
14 the Assessment Center. The Consultant may deem the orientation mandatory, and all
15 candidates must attend in order to participate, if it is declared mandatory. If the
16 consultant deems orientation to be mandatory, then at least two (2) orientations shall be
17 scheduled with one in the morning and one in the afternoon. If a mandatory orientation is
18 scheduled during an officer's work time, he/she will be permitted to attend.
19
20 g) The assessors selected by the Consultant will assess the candidates for the rank.
21 The assessors shall award up to one hundred (100) points to each candidate participating
22 in the assessment center. The assessment sessions will be videotaped, and candidates
23 may review their own session pursuant to procedures established by Human Resources
24 provided that candidates are given up to four (4) hours, which may be provided in smaller
25 increments of time, to review their assessment session. The Human Resources
26 Department shall make available blocks of time for officers to review examination results
27 from 8:00a.m. to 5:00p.m., and at least two (2) evening options until10:00 p.m. shall be
28 provided. However, these time periods need not be kept available or staffed unless the
29 times are reserved in advance. Examination reviews will be conducted on the officer's
30 off-duty time. Copies of the videotapes will not be given to the candidate. Nothing in
31 the assessment center process may be appealed either to the Police Civil Service
32 Commission, hearing examiner, or the District Court.
33
34 h) Preemption
35
36 It is expressly understood and agreed that all provisions of this Article shall
37 preempt any statute, Executive Order, local ordinance, City policy or rule, which is in
38 conflict with this Agreement and the procedures developed hereunder, including for
39 example and not by way of limitation, any contrary provisions of Chapters 141, 142, and
40 143 of the Texas Local Government Code, including but not limited to the provisions of
41 Subchapter B of Chapter 143 of the Texas Local Government Code.
42
43 Section 7. Eligibility Lists for the Ranks of Corporal/Detective, Sergeant,
44 Lieutenant, and Commander.
45
46 a) All promotional eligibility lists created under this Article shall be constructed,
47 with the highest total score being ranked number one and descending in numerical order.
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 26
2 b) All promotional eligibility lists shall be valid for twenty-four (24) months from
3 the date that the eligibility list is finalized, even after termination of this Agreement.
4
5 c) If a written promotional examination for a rank has been given prior to the
6 expiration of this Agreement, the promotional process for that rank may continue to
7 completion, the expiration of this Agreement notwithstanding, and the resulting eligibility
8 list shall have a life of twenty-four (24) months.
9
1o d) Preemption
11
12 It is expressly understood and agreed that all provisions of this Article shall
13 preempt any statute, Executive Order, local ordinance, City policy or rule, which is in
14 conflict with this Agreement and the procedures developed hereunder, including for
15 example and not by way of limitation, any contrary provisions of Chapters 141, 142, and
16 143 of the Texas Local Government Code, including but not limited to the provisions of
17 Subchapter B of Chapter 143 ofthe Texas Local Government Code.
18
19 Section 8. Appeals Criteria Committee
20
21 An Appeals Criteria Committee (ACC) shall continue to determine the criteria for
22 what may be appealed to the Police Civil Service Commission following all written
23 promotional examinations. The ACC shall establish appeal criteria which will be used
24 for all written examinations held during the term of this Agreement. The ACC, com-
25 posed of seven (7) individuals, shall be appointed as follows:
26
27 a) Three (3) members appointed by ASSOCIATION, each having taken at
28 least one (1) promotional exam;
29
30 b) Two (2) members appointed by the Chief of Police, each having taken at
31 least one (1) promotional exam;
32
33 c) One (1) member appointed by the Director of the Human Resources
34 Department; and
35
36 d) One (1) member appointed by the Chair of the Police Civil Service
37 Commission.
38
39 A simple majority of the ACC shall approve the criteria. The Chief may reconvene
40 the ACC if, after an eligibility list has been established, it appears that clarification or
41 modification of the criteria is warranted. The criteria approved by the ACC shall not be
42 appealable to either the Police Civil Service Commission, a hearing examiner, or to the
43 District Court.
44
45
46
Meet & Confer Agreement Between COA and APA
Effective October 1, 2008 27
Section 9. Appeal Process After Written Examination
2
3 Any officer who has taken a written promotional examination may, within seven (7)
4 City of Austin business days of the posting of the written promotional exam results,
5 review his/her examination results. The process shall be established by the Human
6 Resources Department; provided, however, that each officer who has taken a promotional
7 examination may have up to four (4) hours to review his/her examination, write, and
8 submit the appeal, if any, which must be based on the appeal criteria approved by the
9 ACC. Once an appeal is filed, it shall be assigned a number and processed anonymously.
10 The officer may obtain a copy of his or her appeal. The Human Resources Division shall
II make available blocks of time for officers to review examination results from 8:00a.m. to
12 5:00 p.m., and at least two (2) evening options until 10:00 p.m. shall be provided.
13 However, these time periods need not be kept available or staffed unless the times are
14 reserved in advance. Examination reviews will be conducted on the officer's off-duty
15 time. There will be no appeal to the Police Civil Service Commission, a hearing
16 examiner, or to the District Court of any facet of the examination review process.
17
18 Section 10. Review by Employee Review Committee
19
20 An Employee Review Committee (ERC) will be appointed to screen written
21 examination appeals to the Police Civil Service Commission, applying the criteria
22 established by the ACC to determine which appeals should be rejected because they do
23 not meet the criteria. Assuring for diversity as is practical and possible the ERC shall be
24 comprised of five (5) members as follows:
25
26 Four (4) officers of the rank of the promotional exam or higher, two (2) each
27 appointed by the ASSOCIATION and the Chief of Police; and
28
29 One (1) member appointed by HRD.
30
31 Appeals may advance from the ERC to the Police Civil Service Commission by a
32 vote of a simple majority of the ERC. The ERC will not make any statement, assertion, or
33 recommendation regarding the validity of an appeal or subsequent Police Civil Service
34 Commission action. There will be no State District Court appeal of the ERC's
35 examination appeal determinations or from the Police Civil Service Commission's written
36 examination appeal decisions, except an appeal alleging the CITY's failure to validate the
37 written examination.
38
39 Section 11. Time Limit to Fill Vacant Positions
40
41 It is expressly understood and agreed that the provisions in Chapter 143.036(d) and
42 (e) and 143.014(f) of the Local Government Code prescribing time limits for filling
43 vacancies at the rank of Sergeant or above shall be expanded to one hundred and twenty
44 (120) calendar days from the date the vacancy occurs during the term of this Agreement.
45
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 28
I Section 12. Committee on the Assessment Center Process
2
3 The CITY and the ASSOCIATION shall each appoint two (2) persons to a committee
4 that shall schedule a meeting with the participants in each Assessment Center process to
5 discuss the strengths and weaknesses perceived by the participants, after completion of
6 the process. The Committee may recommend changes in the procedures set out in this
7 Agreement.
8
9 Section 13. Military Promotions/Demotions
10
11 The following changes are made to Sections 143.036 and 143.072 of the Texas Local
I2 Government Code:
13
I4 a) When an officer is promoted as the result of a vacancy created by a military
15 leave of absence, when the officer on military leave returns to active duty in the
16 Department, the person who filled the most recent vacancy at that rank shall be the one
I7 who is demoted to the next lowest classification and placed on a reinstatement list, with
I8 such rights as prescribed in this Article.
I9
20 b) The same result applies to all other promotions in lower ranks which resulted
2I from the first promotion and subsequent demotion.
22
23 c) This Section shall be retroactive in all respects to September 1, 2001.
24
25 d) All other provisions of Sections 143.036 and 143.072 not specifically changed by
26 this Agreement shall remain in effect.
27
28 Section 14. Vacancy Created by Indefinite Suspension
29
30 a) Notwithstanding any provision in this Article or any provision in Local
31 Government Code Chapter 143, an indefinite suspension of a police officer (despite any
32 pending appeal) shall create a vacancy, but shall not expand the size of the classified
33 service. In the event that an indefinite suspension is overturned on appeal and the officer
34 is reinstated to active duty in the Department, the person who filled the most recent
35 vacancy at that rank shall be the one who is demoted to the next lowest classification and
36 placed on a reinstatement list, with such rights as prescribed in this Article.
37
38 b) The same result applies to all other promotions in lower ranks which resulted
39 from the first promotion and subsequent demotion.
40
4I Section 15. Reinstatement List
42
43 a) There shall be only one reinstatement list for each rank for persons demoted by
44 virtue of Sections 13 and 14 of this Article.
45
46 b) Any person placed on the reinstatement list shall remain on the list indefinitely.
47
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 29
c) Persons on the list shall be entitled to reinstatement to the rank from which they
2 were demoted in the same order as the demotion occurred. This results in the first
3 demoted at that rank being the first reinstated. Reinstatements must occur off of the
4 reinstatement list for that rank before any promotions from a promotional eligibility list.
5 Until such reinstatements occur and the reinstatement list is exhausted, there shall be no
6 "vacancy" created at that rank for the purpose of any promotional eligibility list.
7
8 d) Time spent on a reinstatement list shall not be considered a break in service for
9 civil service purposes, including, but not limited to eligibility for future promotional
I0 examinations.
II
12 Section 16. Effect of Contract Expiration
13
14 The provisions of this Article shall remain in full force and effect after expiration of
15 this Agreement as to:
16
17 a) All promotional eligibility lists created during this agreement; and
18
19 b) All reinstatement lists created pursuant to this Article.
20
21 Section 17. Preemption
22
23 It is expressly understood and agreed that all provisions of this Article shall preempt
24 any statute, Executive Order, local ordinance, City policy or rule, which is in conflict
25 with this Agreement and the procedures developed hereunder, including for example and
26 not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the
27 Texas Local Government Code, including but not limited to Sections 143.010;
28 143.014(f); 143.036; 143.072, and all provisions of Subchapter B of Chapter 143 of the
29 Texas Local Government Code.
30
31
32 ARTICLE 14
33
34 HIRING PROCESSES
35
36 Part A. Application of Chapter 143 Processes
37
38 The Association, recognizing the City's need for flexibility in the hiring of both
39 experienced police officers and Cadets for the Department's regular Training Academy
40 program, hereby agrees to the deviations from Chapter 143 hiring procedures specifically
41 authorized by this Article. Except as allowed by this Article, the City will comply with
42 the hiring procedures specified in Chapter 143, and retains all prerogatives granted to it
43 by the statutory procedures.
44
45
46
47
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 30
Part B. Initial Hiring Process
2
3 Section 1. Submission of Proper Application
4
5 a) In order to be considered for the position of cadet, each applicant must first
6 submit a proper application as defined by the Department. A proper application shall
7 include, but not be limited to, information on personal history, criminal history, driving
8 record and age. The information submitted shall be used by the Police Department to
9 determine whether the applicant meets the minimum qualifications to proceed to the
I0 testing phase of the process.
II
12 b) The Police Chief shall establish the eligibility requirements for applicants for the
13 position of police cadet, consistent with Chapter 143 and this Agreement.
14
15 Section 2. Maximum Age of Applicants.
16
17 For all applicants, the maximum age for application to the cadet position shall be
I8 forty-five (45) years old.
19
20 Section 3. Screening and Testing of Applicants
21
22 a) The Police Chief will develop and implement the screening and testing
23 procedures used to determine whether an applicant will be offered a position as a police
24 cadet in a Police Academy class. The screening and testing procedures will include, at a
25 minimum, a structured Oral Interview Board and a background investigation. Nothing in
26 this Agreement or in Chapter 143 will restrict the nature of the tests administered to
27 applicants or the procedures used to administer those tests.
28
29 b) Applicants who successfully complete all of the screening and testing procedures
30 will be placed on an eligibility list in the order in which their applications were received.
31 Applicants on the eligibility list may be offered a position as police cadet in any
32 upcoming Police Academy class.
33
34 c) Each eligibility list created as a result of the process described in this Section shall
35 remain effective for twenty-four (24) months after certification by the Civil Service
36 Commission.
37
38 Section 4. Police Internship Program
39
40 The Department may create and implement a Police Internship Program for
41 individuals who are interested in becoming Austin Police officers. Anyone hired into the
42 Internship Program must pass the same screening and testing procedures as applicants for
43 the position of Police Cadet, either at the beginning or at the end of their participation in
44 the Program. The duration of the Police Internship Program will be at least the
45 equivalent of a college semester. Any intern who successfully completes the Police
46 Internship Program shall be placed at the top of the current or next eligibility list for hire
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 31
1 as a Police Cadet. Up to twenty-five percent (25%) of each Police Academy class may
2 consist of interns who successfully completed the Police Internship Program.
3
4 Section 5. Effect on Present Cadet Classes
5
6 It is specifically understood and agreed that the hiring process set out in this
7 Agreement shall not apply to persons hired before the effective date of this Agreement.
8
9 Section 6. Probationary Period
10
II The "at will" probationary period of individuals filling beginning positions in the
12 police department shall begin, under this agreement, on the date the cadet receives his/her
13 commission and shall end at the expiration of fifteen (15) months. The probationary
14 period of any cadet that already holds a commission prior to entering the police academy
15 shall begin on the date the officer receives their first assignment after successful
16 completion of the academy, and shall end at the expiration of fifteen (15) months.
17 However, any leave taken by a probationary police officer during this probationary time
18 period, including but not limited to injury leave, FMLA leave, sick leave, shall extend
19 this probationary period by the length of the leave taken. (Approved vacation leave other
20 than FMLA will not so extend the probationary period.)
21
22 Part C. Modified Hiring Process
23
24 Section 1. Applicability
25
26 The Modified Hiring Process applies only to the hiring of experienced police officers
27 who may not need to attend the Department's regular Training Academy program.
28 Nothing in this Article applies to any PSEM law enforcement officer employed by the
29 City's Public Safety and Emergency Management Department who enter the Austin
30 Police Department under the provisions of Article 25 of this Agreement.
31
32 Section 2. Eligibility Requirements
33
34 a) The Chief of Police shall establish the eligibility requirements for applicants for
35 the Modified Hiring Process. The requirements need not be the same as those established
36 by Chapter 143 or those applicable to applicants for the position of Cadet in the
37 Department's regular Training Academy. The requirements may be modified by the
38 Chief of Police, but shall include at least the following:
39
40 (1) At the time of application, each applicant must be actively employed as a
41 police officer for a municipal, county, or state law enforcement agency that
42 handles a full array of urban police work. Each applicant must have a total
43 of at least three years of active service as a police officer for one or more
44 municipal, county, or state law enforcement agency. Employment by or
45 experience with a school or university law enforcement agency is not
46 acceptable.
47
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 32
2) Each applicant shall hold a current peace officer license from the Texas
2 Commission on Law Enforcement Officer Standards and Education
3 (TCLEOSE) or shall meet criteria established by the Chief for obtaining the
4 TCLEOSE license.
5
6 3) Each applicant will be subject to a background investigation.
7
8 b) The Chief of Police or his designee may, at his or her sole discretion, deny the
9 application of any applicant for the Modified Hiring Process and may determine whether
1o a particular applicant meets the eligibility requirements.
II
12 Section 3. Selection and Placement
13
14 a) The Chief of Police shall establish the selection criteria and procedures for the
15 Modified Hiring Process, which need not be the same as those established by Chapter
16 143 or those applicable to applicants for the position of Cadet in the Department's regular
17 Training Academy. Applicants who meet the selection criteria and procedures may be
18 hired without being placed on an eligibility list.
19
20 b) Upon hire, the applicant will be placed in the position of "Cadet Senior,"
21 regardless of any rank or position the officer previously held in another law enforcement
22 agency, to the same extent as if they had been hired under the processes prescribed by
23 Chapter 143. Each Cadet Senior must complete a Modified Training Academy and
24 probationary period.
25
26 Section 4. Training and Probation
27
28 a) The Chief of Police shall establish the training requirements for a Modified
29 Training Academy. All Cadet Seniors hired through the Modified Hiring Process must
30 successfully complete the Modified Training Academy.
31
32 b) Each Cadet Senior shall successfully complete a probationary period of at least
33 three months following completion of the Modified Training Academy, but not to exceed
34 the probationary period for officers hired through the Department's regular hiring
35 process.
36
37 Section 5. Civil Service Status
38
39 a) A Cadet Senior who successfully completes the Modified Training Academy will
40 be placed in the Civil Service classification of Police Officer and automatically becomes
41 a full-fledged Civil Service employee and has full Civil Service protection, subject to
42 successfully completing probation. Until completion of probation, each officer hired
43 through this Modified Hiring Process is an at-will employee who may be discharged by
44 the Chief of Police at any time, without right of appeal.
45
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 33
I b) Until completion of probation, an officer hired through the Modified Hiring
2 Process is excluded from the coverage of Articles 17 and 18 and cannot file grievances
3 pursuant to Article 20 regarding disciplinary actions.
4
5 Section 6. Pay and Seniority
6
7 a) The Chief of Police may determine the pay rate for each Cadet Senior during the
8 Modified Training Academy. Upon completion of the Academy, the Chief of Police may
9 determine the pay rate for each Police Officer hired through this Modified Hiring
10 Process. Any pay rate established by the Chief shall not exceed that of an officer with
II two years' experience in the Austin Police Department.
12
13 b) Regardless of the pay rate established for each Cadet Senior, seniority for
14 purposes of longevity pay shall begin when the officer successfully completes the
15 Modified Training Academy.
16
17 Section 7. Promotional Eligibility
18
19 Officers hired through the Modified Hiring Process must meet the same promotional
20 eligibility requirements as Austin Police Department officers hired through the
21 Department's regular initial hiring process.
22
23 Section 8. Implementation
24
25 The Modified Hiring Process described by this Article may be used at any time, for
26 any number of applicants, as authorized by the Chief of Police.
27
28 Part D. Additional Provisions
29
30 Section 1. Benefit of the Bargain
31
32 The Association and the City share the goal of recruiting and hiring the most qualified
33 applicants to become Austin Police Officers. The Association acknowledges the
34 significant effort and skill of the Department's Recruiting Unit in trying to meet this goal,
35 but recognize that the Department needs to be able to adjust hiring procedures as
36 necessary, without having to wait until the next Meet & Confer negotiation process. The
37 parties agree that the degree of flexibility incorporated into this Article is of benefit to
38 both parties and that this Agreement would not have been reached without the flexibility
39 provided by this Article.
40
41 Section 2. Defense of Actions
42
43 In the event an applicant files an action against the CITY and the
44 ASSOCIATION on account of the operation of Article 14, the City agrees to jointly
45 defend on behalf of both parties the validity of this provision adopted by both
46 parties, with counsel of the CITY's choice. This provision does not preclude the
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 34
ASSOCIATION from retaining its own defense counsel, at its expense and the CITY
2 shall reasonably cooperate with counsel designated by the ASSOCIATION to
3 participate.
4
5 Section 3. Effect of Contract Expiration
6
7 The provisions of this Article shall remain in full force and effect after expiration of
8 this Agreement as to:
9
Io a) Any hiring process which has been commenced in substantial reliance upon
II the provisions of this Article;
I2
I3 b) The length of the "at will" probationary period for individuals in that status
I4 prior to the expirations of this Agreement;
I5
I6 c) Any eligibility list created under the terms of this Article will remain in effect
I7 for 24 months, notwithstanding the expiration of this Agreement;
18
I9 d) Any interns who are participating in the Police Internship Program at the
20 expiration of this Agreement may be placed at the top of the first eligibility list created
2I after expiration of this Agreement.
22
23 Section 4. Preemption
24
25 It is expressly understood and agreed that all provisions of this Article and any
26 procedures developed under the authority granted in this Article shall preempt any
27 statute, Executive Order, local ordinance, City policy or rule which is in conflict with this
28 Agreement and the procedures developed hereunder, including for example and not by
29 way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the Texas
30 Local Government Code, including but not limited to the provisions of Sections 143.021
3I through 143.027.
32
33
34 ARTICLE 15
35
36 DRUG TESTING
37
38 Section 1. Commitment to an Effective Drug Interdiction Program
39
40 The CITY and the ASSOCIATION agree that officers may be called upon in
4I hazardous situations without warning, and that it is imperative to the interest of the
42 officers and the public to ensure that officers are not substance impaired. In order to
43 further their joint interest in protecting officers and the public, the CITY and the
44 ASSOCIATION agree to mandatory drug testing as described in this section. The CITY
45 and the ASSOCIATION have a mutual interest in ensuring that drug impaired officers do
46 not perform law enforcement duties. The CITY and the ASSOCIATION are committed
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 35
I to the principle that the mandatory drug testing policy for officers is designed and shall
2 be administered to result in disciplinary action only against those officers who have
3 violated the Police Department's rules, regulations, policies and procedures.
4
5 Section 2. Random Testing
6
7 One hundred percent (100%) of officers at all ranks, including the Chief, shall be
8 susceptible to mandatory testing for illegal drugs and controlled substances during each
9 calendar year on a fair and impartial statistical basis at the CITY's expense. The fair and
10 impartial statistical basis (in which each officer has an equal chance of being selected
II during a calendar year) shall be by a non-discriminatory computerized program operated
12 and certified as non-discriminatory by an independent firm hired by the CITY, and the
13 officer shall be tested upon being selected by the computer.
14
15 Upon notice of selection for random testing, any officer shall provide a urine sample
16 in accordance with the policy or protocol established by the testing laboratory. Failure to
17 provide a sample shall be equivalent to insubordination and may be the basis for
18 suspension or indefinite suspension.
19
20 Section 3. Assurance of Accurate Results
21
22 Officers shall have the right to request that their urine sample be stored in case of
23 legal disputes. The urine sample will be submitted to the designated testing facility where
24 a sample will be maintained for the period of one year. Officers may, at their own
25 expense, request to have a test administered at an approved physician's office
26 accompanied by the testing personnel provided such testing is administered within eight
27 (8) hours after notification by the Chief. Drug testing shall consist of a two-step
28 procedure:
29
30 1. Initial screening test.
31 2. Confirmation test.
32
33 Should a confirmation test be required, the test procedure will be technologically
34 different and more sensitive than the initial screening test. Officers shall be provided
35 with a notice of the result and may obtain a copy of the actual laboratory result upon
36 request to the Lieutenant assigned responsibility as Drug Testing Coordinator.
37
38 The CITY and the ASSOCIATION agree that only an appropriately certified
39 laboratory should conduct drug testing. The laboratory selected shall be experienced and
40 capable of quality control documentation, chain of custody and have a demonstrated
41 technical expertise and proficiency in urine analysis and shall comply with all
42 requirements of an appropriately certified laboratory. The CITY shall require any
43 laboratory selected for collecting samples to conduct a background investigation on those
44 laboratory personnel involved in the collecting or handling of an unsealed sample. In
45 addition, the CITY shall require any laboratory involved in collecting samples to use only
46 employees who have not been arrested by officers of the Austin Police Department or
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 36
convicted of a felony or misdemeanor crime involving dishonest conduct or possession of
2 illegal drugs to be involved in collecting or handling of an unsealed sample collected
3 from an officer. In the event that the laboratory that collects the initial samples is not the
4 same laboratory that conducts the actual testing of those samples, only the laboratory that
5 collects the initial samples must comply with the background and criminal history
6 provision of this Agreement. Test results shall be inadmissible in any administrative
7 disciplinary hearing if it is determined that the laboratory collecting samples failed to
8 conduct a background investigation on the laboratory personnel involved in collecting or
9 handling the unsealed sample which resulted in a positive test result.
10
II All records pertaining to the Department-required drug tests shall remain confidential
12 except to the extent used in a disciplinary appeal. Drug test results and records shall be
13 stored in a locked file under the control of the Drug Coordinator, under the supervision of
14 the Chief, will maintain original copies submitted by the laboratory. No access to these
15 files shall be allowed without written approval of the Chief.
16
17 Section 4. Testing on Reasonable Suspicion
18
19 Nothing in this Article shall be construed to prohibit the Chief from conducting a
20 drug test on an officer, or a search of any areas in which the officer does not have a
21 personal privacy expectation, based upon reasonable suspicion in accordance with the
22 guidelines as set forth in Department policy for such by actions. Such actions may be
23 taken upon the agreement of any two supervisors that there is a reasonable basis for a
24 suspicion that:
25
26 a) An officer is presently using or under the influence of illegal drugs or inhalants
27
28 b) An officer has possession of illegal drugs or inhalants
29
30 c) An officer has been associated with or involved with others who were using or
31 under the influence of illegal drugs or inhalants, or who were in possession of
32 same, which association or involvement was not authorized or required in
33 connection with any law enforcement duty, under circumstances which
34 reasonably indicate participation or complicity with, or protection of such other
35 individuals
36
37 d) Any conduct or situation described in a-c immediately above involving
38 alcohol, while on duty, or which results in on-duty impairment.
39
40 Section 5. Definitions
41
42 For the purposes of this Article:
43
44 "Drug testing" shall be defined as the compulsory production and submission of a
45 urine sample by an officer for chemical analysis to detect the presence of prohibited drug
46 usage, in connection with the random testing process set forth herein; and production or
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 37
submission of urine, blood, or hair sample for a required test based on the reasonable
2 suspicion standards set forth herein.
3
4
5 ARTICLE 16
6
7 CITIZEN OVERSIGHT OF
8 THE AUSTIN POLICE DEPARTMENT
9
1o Section 1. Citizen Oversight
II
12 a) Citizen Oversight means the process which incorporates citizen input into the
13 administrative review of conduct of APD officers and the review of the Austin Police
14 Department's policies and procedures. The City of Austin may provide for Citizen
15 Oversight of the Austin Police Department. Citizen Oversight may include an Office of
16 the Police Monitor and a Citizen Review Panel. The City agrees that there will be no
17 parallel process created in addition to the one contemplated by these provisions.
18
19 b) The purpose of Citizen Oversight is:
20
21 1. To assure timely, fair, impartial, and objective administrative review of
22 complaints against police officers, while protecting the individual rights
23 of officers and citizens;
24
25 2. To provide an independent and objective review of the policies and
26 procedures of the Austin Police Department; and
27
28 3. To provide a primary, but not exclusive, location for accepting
29 administrative complaints of officer misconduct.
30
31 c) Except as otherwise provided by this Agreement, the Chief of Police retains all
32 management rights and authority over the process of administrative investigation of
33 alleged misconduct by APD officers that could result in disciplinary action.
34
35 d) Except as specifically permitted in this Article the Citizen Oversight process,
36 regardless of its name or structure, shall not be used or permitted to gather evidence,
37 contact or interview witnesses, or otherwise independently investigate a complaint of
38 misconduct by an officer. There shall be no legal or administrative requirement, including
39 but not limited to subpoena power or an order from the City Manager or the Department,
40 that an officer appear before or present evidence to any individual, panel, committee,
41 group, or forum of any type involved in Citizen Oversight. This provision has no
42 application to any Independent Investigation authorized by the Chief of Police or the City
43 Manager, regardless of whether the Independent Investigation was recommended by a
44 Panel or Police Monitor, or to any hearing of an appeal of disciplinary action pursuant to
45 this Agreement and/or Chapter 143 of the Texas Local Government Code. Police officers
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 38
remain subject to orders or subpoenas to appear and provide testimony or evidence in
2 such investigations or hearings.
3
4 Section 2. The Office of the Police Monitor {"OPM")
5
6 a) The Police Monitor will have unfettered access to the Internal Affairs
7 investigation process, except as provided herein. The Police Monitor may inquire of the
8 Commander of the Internal Affairs Division or the Chief of Police, or the Chiefs
9 designee, as to the status of any pending lAD investigation.
10
II b) The OPM shall not gather evidence, contact or interview witnesses (except the
I2 complainant as provided herein), or otherwise independently investigate a complaint.
13 The OPM shall not have the authority to subpoena witnesses. There shall be no
I4 administrative requirement, including but not limited to an order from the City Manager
15 or the Department, that a police officer appear or present evidence to the Police Monitor.
16 The OPM may obtain the following information in connection with the filing of a
I7 complaint of officer misconduct:
18
19 1. The complainant's personal information;
20
2I 2. The nature of the complaint;
22
23 3. Witness information;
24
25 4. The incident location, date, and time; and
26
27 5. The APD officer(s) involved.
28
29 c) The OPM shall digitally audio record the taking of the information provided in
30 subsection (b). The OPM will promptly forward the completed complaint and audio
31 recording to lAD. A complaint by a complainant who is not a police officer shall not be
32 accepted unless the complainant verifies the complaint in writing before a public officer
33 who is authorized by law to take statements under oath. A complainant may be
34 subsequently interviewed by the lAD investigator for purposes of clarification or to
35 obtain additional information relevant to the investigation.
36
37 d) Personnel from the OPM shall assist an individual in understanding the complaint
38 process and the requirements for filing a complaint but shall not solicit or insist upon the
39 filing of a complaint by any individual.
40
41 e) A representative from the OPM may attend an interview of the officer who is the
42 subject of the investigation or administrative inquiry, as well as all witness interviews.
43 The OPM representative may not directly question the subject of the interview. At the
44 conclusion of any interview, the OPM representative may take the lAD investigator aside
45 and request that the investigator ask additional questions. Whether such information is
46 sought in any witness interview is within the discretion of the lAD investigator.
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 39
2 f) Neither the Police Monitor nor the Internal Affairs Representative(s) may remain
3 in the Dismissal Review Hearing (or any other administrative hearing conducted for the
4 purpose of determining whether the Department shall take disciplinary action against an
5 officer for alleged misconduct) while the chain of command discusses the final
6 classification and/or appropriate discipline, if any, to be imposed. The final classification
7 of an allegation of misconduct is within the sole discretion of the Chief of Police, subject
8 to the officer's right of appeal of any discipline imposed as provided by Chapter 143 of
9 the Texas Local Government Code and this agreement.
10
II g) On a quarterly basis, the Police Monitor, the Chief of Police, the Commander of
12 the Internal Affairs Division, and the Association President shall meet to discuss issues
13 related to the citizen oversight process, and shall endeavor to answer questions, and
14 provide relevant information.
15
16 Section 3. Citizen Review Panel ("Panel")
17
18 a) Function
19
20 (1) The Panel shall serve to make recommendations to the Chief of Police as
21 provided in this Article, and in addition to review individual cases of officer conduct as
22 authorized in this Article. Panel members shall perform their duties in a fair and
23 objective manner.
24
25 (2) The Panel shall provide a public report setting forth the basis and concerns of
26 the Panel supporting any recommendation for an Independent Investigation. In addition,
27 the Panel shall provide a public report setting forth the Panel's conclusions and
28 recommendations after its review of any Independent Investigation.
29
30 b) Qualifications
31
32 To be eligible for appointment to the Panel, applicants must not have a felony
33 criminal conviction, received deferred adjudication for a felony, or be under felony
34 indictment. Prior to appointment, Panel members must submit to a criminal background
35 investigation to determine their eligibility to serve on the Panel. A felony conviction,
36 felony indictment, or felony deferred adjudication, after appointment, shall result in the
37 immediate removal of the member from the Panel by the City Manager.
38
39 c) Training
40
41 To serve on the Panel, each member must complete the training prescribed herein
42 prior to commencing their service on the Panel. The required training shall include: :
43
44 (1) Attend a three to four (3-4) day training by APD tailored specifically for Panel
45 members including, at a minimum, the following:
46
47 a. Special Investigations Unit;
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 40
I b. Officer Involved Shootings;
2 c. Response to resistance;
3 d. The Police Training Academy;
4 e. Crisis Intervention Team;
5 f. Firearms, including FATS training;
6 g. Bomb and SWAT;
7 h. Ride-outs on at least two shifts in different parts of the City; and
8 i. A presentation by the Association.
9
10 (2) Attend six (6) hours of training provided by the Internal Affairs Division.
II
I2 The training requirements of Section c) shall apply only to Panel members who
I3 are appointed to the Panel after the effective date of this Agreement.
14
15 d) Resign to Run
16
17 Any person involved in the citizen oversight process as a Panel member, who files for
18 public elective office shall immediately resign from their position in the citizen oversight
19 process, and failing such resignation shall be immediately removed by the City Manager.
20
21 e) Panel Review Process
22
23 (1) Not later than thirty (30) calendar days after the mailing of the notice of the
24 outcome of the investigation to the complainant, the complainant may request
25 that the Police Monitor refer the complaint to the Panel.
26
27 (2) Without a complainant's request, only the following cases may be referred to
28 the Panel:
29
30 a. A "Critical Incident" as defined this Article;
31
32 b. The appearance of a pattern of serious misconduct by the officer
33 involved;
34
35 c. The appearance of a pattern of department-wide misconduct;
36
37 d. The appearance of serious official misconduct by one or more members
38 of the Department;
39
40 e. The appearance ofbias based misconduct; or
41
42 f. The appearance of issue(s) to be addressed by policy, procedure, or
43 training recommendations.
44
45
46
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 41
f) Nature of Proceedings
2
3 (1) The review of any case by the Panel shall not be conducted as a hearing or
4 trial. Except for the receipt of public input/communications as provided by this Section
5 or an Independent Investigation authorized by this Article, the Panel shall not gather
6 evidence, contact or interview witnesses, or otherwise independently investigate a
7 complaint. The Panel shall not have the authority to subpoena witnesses. There shall be
8 no administrative requirement, including but not limited to an order from the City
9 Manager or the Department, that a police officer appear or present evidence to the Panel.
Io The Panel shall immediately forward any information or evidence of which it becomes
11 aware to the Chief of Police through the Police Monitor.
12
13 (2) A quorum shall be established prior to beginning the review of any case by the
14 Panel.
15
16 (3) Not less than five (5) business days prior to a Panel meeting, the OPM shall
17 provide the Internal Affairs Division and the individual designated by the president of the
18 Association as the Panel liaison, with a copy of the Panel meeting agenda. The Panel
19 shall not take action upon or receive public input/communications concerning any case or
20 issue not listed as an agenda item. The Internal Affairs Division shall promptly notify
21 any officer who is the subject of a complaint listed as an agenda item as to the scheduled
22 Panel meeting. Notice of special meetings shall be handled in a similar manner, unless
23 circumstances require a shorter notice, in which case the notice shall be issued as soon as
24 the special meeting is scheduled.
25
26 (3) By virtue of its purely advisory role, the Panel is not a governmental body and
27 is not subject to the Open Meetings Act. Those portions of the meeting during which
28 public input/communication is accepted shall be open to the public and recorded by video
29 and audio cassette tape.
30
31 g) Private Session
32
33 (1) Prior to receiving any communication from the complainant or any other
34 public input/communications, the Panel may meet in private session to be briefed
35 concerning the facts of the particular case to be reviewed. Either the Police Monitor or
36 the lAD representative shall present to the Panel the information obtained from the lAD
37 investigation. Members of the Panel may be provided with READ ONLY electronic
38 access to all or part of the lAD files during these presentations.
39
40 (2) An APD officer designated by the president of the Association and one
41 individual from the Internal Affairs Division shall be present during the Panel private
42 session case briefing, including the portion of the private session described in subsection
43 "e" below, subject to the following provisions:
44
45 a. The Association's representative will not participate in the briefing and is
46 present only as an observer, with the following exceptions:
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 42
1
2 (i) The Association representative may request that the Police
3 Monitor allow the representative to present information relevant to a
4 case before the Panel.
5
6 (ii) A Panel member may request that the Association representative
7 present information relevant to a case before the Panel.
8
9 (iii) Any information provided by the Association representative
10 shall be presented in a neutral manner.
11
12 b. The Association representative may not be involved in the case as a
13 witness, investigator, relative, or officer in the chain of command.
14
15 c. Information in the possession of the Association representative as a result
16 of participation in such briefing shall not be disclosed or revealed other
17 than as necessary as a part of official Association business in monitoring
18 and enforcing this agreement, or in the normal course of dispute resolution
19 processes under this agreement.
20
21 (3) Panel members shall have full access to all administrative investigative and
22 disciplinary files necessary to perform their functions under this agreement. Panel
23 members may ask questions and obtain specific facts, details and information from the
24 Police Monitor, lAD, or the Chiefs office. As part of such access, the Police Monitor
25 may permit individual Panel members to review an lAD case file for up to five (5) hours,
26 at the Police Monitor's office and in the presence of a member of the Monitor's staff.
27 This review opportunity may occur before the Panel's private session and/or after the
28 Panel's public session regarding such case. The prohibitions and restrictions in Section 8
29 of this Article apply to any confidential information viewed by Panel members during
30 this review opportunity. Panel members shall not copy or remove any portion of the file.
31 The Police Monitor shall be responsible for security of the file.
32
33 ( 4) During any private Panel briefing, the presenter should exercise discretion and
34 omit information from the briefing that the Police Monitor deems to be irrelevant to the
35 citizen's complaint, as well as information of a highly personal nature that would
36 constitute an unwarranted invasion of an individual's personal privacy interests.
37
38 (5) Upon completion of the Panel case briefing, the complainant shall be allowed
39 to address the Panel. The police officer who is the subject of the complaint may, but is
40 not required to attend and listen to the address by the complainant. If the complainant is
41 anxious or intimidated by the presence of the officer, the Panel shall videotape the
42 complainant's address to the Panel, and allow the officer to view and respond to the taped
43 statement outside the complainant's presence. Other than the complainant and the
44 responding police officer, only those persons authorized to attend the Panel case briefing
45 may be present during this portion of the Panel meeting.
46
Meet & Confer Agreement Between COA and APA
Effective October 1, 2008 43
h) Public Session and Comments
2
3 (1) After any address by the complainant and/or responding police officer, the
4 Panel shall meet in public session to receive any additional public input/communications
5 concerning the case under review. During the public session, the Police Monitor shall
6 take precautions to prevent discussion of the facts of the particular case and to prevent the
7 public session from being used as a forum to gather evidence, interview witnesses, or
8 otherwise independently investigate a complaint. Any individual who indicates that he
9 has new or additional evidence concerning the particular case shall be referred to the
I0 Chief of Police or his designee. The rules that apply to citizen communications with the
II City Council shall apply to the public session of the Panel meetings.
I2
I3 (2) The Police Monitor, in consultation with the Panel, shall set the time limits for
I4 such proceedings.
I5
I6 i) Deliberations
I7
I8 After receiving public input, if any, the Panel shall discuss the particular case
I9 under review in private session. The Police Monitor and/or the Assistant Police Monitor
20 may be present during such discussion. No other individual may be present unless, the
2I panel requests further information.
22
23 j) Action and Recommendations
24
25 ( 1) At the conclusion of the review process set forth above, the Panel, upon a
26 majority vote of its total members, may make the following recommendations to Chief of
27 Police:
28
29 a. Further investigation by the Department is warranted;
30
3I b. Department policies warrant review and/or change;
32
33 c. An "Independent Investigation" is warranted; or
34
35 d. A written, non-binding recommendation on discipline.
36
37 A recommendation on discipline is limited to cases involving a "critical incident"
38 as defined in this Article. The Panel shall not take action or make recommendations not
39 authorized by this Article.
40
4I (2) After the Citizen Oversight process has been completed for a "critical
42 incident," as that phrase is defined herein, the individuals involved in the Citizen
43 Oversight process may make non-binding disciplinary recommendations to the Chief of
44 Police. The final decision as to appropriate discipline is within the sole discretion of the
45 Chief of Police, subject to the officer's right of appeal of any discipline imposed as
46 provided by Chapter 143 of the Texas Local Government Code and this agreement. The
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 44
I objectives of the process being served by a written recommendation as to discipline,
2 neither the OPM employees nor individual members of the Panel shall publicly express
3 agreement or disagreement with the final disciplinary decision of the Chief, other than as
4 set forth in the written recommendation. Any such recommendation shall not be publicly
5 disclosed prior to the Chiefs final decision. After the Chief of Police has made his final
6 decision, any such citizen or internal monitor recommendations shall be subject to public
7 disclosure to the extent permitted by law. Violation of this provision shall be subject to
8 the dispute resolution process set forth in Section 7 of this Article, but a Panel member
9 shall not be subject to permanent removal from the Panel except upon a second violation
Io of this standard.
II
12 (3) For purposes of this Section, the term "Critical Incident" shall mean:
13
14 a. An alleged use of force or other action by an Austin Police Officer that
15 directly results in serious bodily injury or death (The definition of
16 "serious bodily injury" found in the Texas Penal Code, Section
17 1.07(a)(46) will apply.);
18
19 b. A death in custody; or
20
21 c. An officer involved shooting.
22
23 (4) Members must attend the meeting and hear the merits of the case in order to
24 vote. The Panel's recommendations shall be reduced to writing. The Panel's written
25 recommendations shall explain the Panel's issues(s) or concern(s).
26
27 (5) The Police Monitor shall consult with the Panel in formulating any
28 recommendations to the Chief of Police. All recommendations to the Chief of Police by
29 the Panel shall be made available to the public to the extent permitted by law and this
30 Agreement.
31
32 Section 4. Independent Investigation
33
34 a) In this Article, "Independent Investigation" means an administrative investigation
35 or inquiry of alleged or potential misconduct by an officer, authorized by the Chief of
36 Police or City Manager and conducted by a person(s) who is not:
37
38 (1) An employee of the City of Austin;
39
40 (2) An employee of the Office of the Police Monitor; or
41
42 (3) A volunteer member of the Panel.
43
44 b) An "Independent Investigation" does not include attorney-client work product or
45 privileged material related to the defense of claims or suits against the City of Austin.
46
Meet & Confer Agreement Between COA and APA
Effective October 1, 2008 45
c) The Chief of Police and the City Manager retain all management rights to
2 authorize an Independent Investigation concerning police conduct.
3
4 Section 5. Public Report of Independent Investigation
5
6 a) The provisions of Section 143.089(g) of the Texas Local Government Code are
7 expressly modified to the extent necessary to permit public release of a final report
8 prepared by an investigator who conducts an Independent Investigation authorized by the
9 Chief of Police or City Manager concerning police conduct.
10
11 b) The public release of information authorized by this Section shall not contain or
12 reveal evidentiary facts, or other substantive investigative information from the file,
13 except to the extent that such information is at the time of such release no longer
14 protected from public disclosure by law, or is already public as a matter of fact by lawful
15 or authorized means or by the officer's own release. For example, the names of officers
16 in an investigation may not be released, but could be released if those officers have
17 elected to enter the public debate and discuss their involvement, or if the public has been
18 informed of identities by lawful or authorized means in the course of grand jury or other
19 legal proceedings. The public statements authorized in this agreement are subject to
20 review by the City of Austin Law Department to insure compliance with this Agreement
21 and to determine whether the release of such information may be prohibited by any other
22 law.
23
24 c) This Section shall apply to any Independent Investigation whether completed
25 prior to or after the effective date of this Agreement and applies to every position and
26 rank within the Austin Police Department.
27
28 d) Section 143.089(g) of the Texas Local Government Code is modified and
29 superseded to the extent necessary to permit the public release of the following
30 information only:
31
32 1. A report setting forth the basis and concerns of the Panel supporting any
33 recommendation for an Independent Investigation.
34
35 2. A report setting forth the Panel's conclusions and recommendations after its
36 review of any Independent Investigation.
37
38 3. A report setting forth any policy recommendations made by the Panel.
39
40 4. A final report from an Independent Investigator, whether or not
41 recommended by the Panel. This Section shall also apply to any Independent
42 Investigation completed prior to ratification of this agreement.
43
44
45
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 46
Section 6. Public Communication
2
3 a) Except as pennitted by this Agreement, employees of the OPM and members of
4 the Panel shall not publicly comment on the specifics of pending complaints and
5 investigations prior to a panel decision. All public comments and communications by the
6 OPM shall be factual and demonstrate impartiality to individual police officers, the
7 Austin Police Department, the Austin Police Association, employees of the City of
8 Austin, residents of the City of Austin, and community groups.
9
IO b) Should a person participating on a Panel make public statements which, to a
II reasonable observer, would be perceived to express or demonstrate a position, bias, or
I2 prejudgment on the merits of a particular case that is under investigation or subject to
13 review, prior to the completion of the citizen panel process for that case, such person will
I4 not be allowed to participate in the review, deliberation, or drafting of recommendations
I5 concerning that case. This provision does not prohibit the Panel or an individual Panel
I6 member from making generic, non-case related public statements about the Austin Police
I7 Department, or from providing infonnation about the process, which does not appear to
I8 prejudge the merits, or demonstrate a bias on the case. In the event of a violation of this
I9 standard, the Panel member shall be subject to pennanent removal from the panel as set
20 forth below.
21
22 c) No public comment or communication (including but not limited to oral or written
23 statements, reports, newsletters, or other materials made, released, published or
24 distributed) by the OPM or Panel members will make reference to or identify an officer
25 by name, unless such release is then pennitted by law, or the officer's name has become
26 public as a matter of fact by lawful or authorized means, or by the officer's own release.
27 Public comments or communications by the OPM and the Panel shall confonn to state
28 and federal law, and this Agreement regarding confidentiality, and shall not contain
29 infonnation that is confidential or privileged under this Agreement or state, federal or
30 common law.
3I
32 d) All OPM written publications shall be provided to the APD and the APA
33 simultaneously with distribution to the public.
·34
35 Section 7. Dispute Resolution
36
37 a) Complaints concerning the conduct of OPM employees shall be filed with the
38 Police Monitor, or if the complaint concerns the personal conduct of the Police Monitor,
39 shall be filed with the City Manager. If not resolved at the first level, a fact finder shall
40 be appointed to review relevant materials and take evidence to reach written findings of
4I fact, which shall be expedited for final resolution within two weeks after appointment.
42 The fact finder shall be appointed by striking an AAA list, if the parties do not otherwise
43 agree on a fact finder. Upon conclusion of the fact finding, and after review and
44 evaluation of the fact finder's report, the Police Monitor (or City Manager if the
45 complaint concerns the personal conduct of the Police Monitor) shall make a decision.
46 The final decision shall be made by the City Manager.
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 47
2 b) Complaints concerning the conduct of Panel members shall be filed with the City
3 Manager. If a signed complaint is filed alleging specific comments by a Panel member
4 that violate the standards in subparagraph 6 (b) above, the Panel's consideration shall be
5 postponed or the particular Panel member shall not participate, until the matter is finally
6 resolved. A complaint may not be based on statements or conduct previously raised and
7 found insufficient for disqualification. Only one of such Panel members may be
8 temporarily disqualified under this provision on a particular case. The City Manager
9 shall promptly determine the complaint. The Association may appeal from the decision
Io of the City Manager through the expedited arbitration process in this agreement. If two
II (2) consecutive complaints are found insufficient on a particular Panel member,
12 subsequent complaints on that Panel member shall not result in temporary removal, but
13 upon final determination that there has been a violation, such member shall be subject to
14 permanent removal. Nothing shall prevent the Chief from taking disciplinary action
15 within the statutory time frame, under the provisions of Chapter 143, as modified by this
16 agreement.
17
18 Section 8. Access to Section 143.089(g) Files
19
20 a) Information concerning the administrative review of complaints against officers,
21 including but not limited to Internal Affairs Division files and all contents thereof, are
22 intended solely for the Department's use pursuant to Section 143.089(g) of the Texas
23 Local Government Code (the 143.089(g) file.). All records of the Police Monitor's
24 Office that relate to individual case investigations and the APD 143.089(g) file, although
25 same are not APD files or records, shall have the same statutory character in the hands of
26 the Police Monitor, and shall not be disclosed by any person, unless otherwise authorized
27 by law. Public access to such information is strictly governed by this agreement and
28 Texas law. To the extent necessary to perform their duties, individuals involved in the
29 Citizen Oversight process are granted a right of access to the information contained
30 within the 143.089(g) files of police officers.
31
32 b) Individuals involved in the Citizen Oversight process shall not be provided with
33 information contained within a personnel file, including the 143.089(g) file of a police
34 officer, that is made confidential by a law other than Chapter 143 of the Texas Local
35 Government Code, such as records concerning juveniles, sexual assault victims, and
36 individuals who have tested positive for HIV. All persons who have access to lAD files
37 or investigative information by virtue of this agreement shall not be provided with access
38 to any records of criminal investigations by the APD unless those materials are a part of
39 the lAD administrative investigation file.
40
41 c) All individuals who have access by virtue of this agreement to lAD files or
42 investigative information, including the information contained within the 143.089(g) files
43 of police officers, shall be bound to the same extent as the Austin Police Department and
44 the City of Austin to comply with the confidentiality provisions of this Agreement,
45 Chapter 143 of the Texas Local Government Code, and the Texas Public Information
46 Act. All such individuals shall further be bound to the same extent as the Austin Police
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 48
Department and the City of Austin to respect the rights of individual police officers under
2 the Texas Constitution and the Fourth, Fifth, and Fourteenth Amendments to the U.S.
3 Constitution, including not revealing information contained in a compelled statement
4 protected by the doctrine set forth in Garrity v. New Jersey, 385 U.S. 493 (1967), and
5 Spevack v. Klein, 385 U.S. 511 (1967).
6
7 d) A breach of the confidentiality provisions of this Agreement and/or Chapter 143
8 of the Texas Local Government Code by any individual involved in Citizen Oversight:
9
10 1. Shall be a basis for removal from office;
II
12 2. May subject the individual to criminal prosecution for offenses including, but
13 not limited to Abuse of Official Capacity, Official Oppression, Misuse of
14 Official Information, or the Texas Public Information Act; and/or
15
16 3. May subject the individual to civil liability under applicable State and
17 Federallaw.
18
19 e) The confidentiality provisions of this agreement, Chapter 143 of the Texas Local
20 Government Code, and the Texas Public Information Act, are continuous in nature. All
21 individuals involved in Citizen Oversight are subject to these confidentiality provisions
22 even after their association with the Oversight process has terminated.
23
24 f) Following any review of an alleged violation of the confidentiality provisions of
25 this Agreement, the City Manager's office will provide information about the outcome of
26 that review to any officer(s) directly affected by the alleged violation.
27
28 Section 9. Use of Evidence from the Citizen Oversight Process in Disciplinary
29 Appeals
30
31 Opinions or recommendations from individuals involved in Citizen Oversight in a
32 particular case may not be used by a party in connection with an appeal of any
33 disciplinary action under the provisions of Chapter 143 of the Texas Local Government
34 Code and this Agreement. No party to an arbitration or Civil Service proceeding may use
35 or subpoena any member of the Citizen Review Panel or the Police Monitor (unless the
36 Police Monitor took the complaint in the relevant case) as a witness at an arbitration or
37 Civil Service proceeding including, but not limited to live or deposition testimony which
38 concerns their duties or responsibilities in the oversight process or their opinions or
39 recommendations in a particular case. This provision shall not prevent any testimony for
40 evidentiary predicate.
41
42 Section 10. Partial Invalidation and Severance
43
44 In the event that a Court Order, Judgment, Texas Attorney General Opinion, or
45 arbitration decision, which is final and non-appealable, or which is otherwise allowed to
46 take effect, which order, judgment, opinion, or decision holds that the right of access to
Meet & Confer Agreement Between COA and APA
Effective October 1, 2008 49
I the information contained within the 143.089(g) files of police officers granted by this
2 Article or the public dissemination of information pursuant to this Article, results in
3 "public information" status under the Texas Public Information Act of the information
4 contained within the 143.089(g) files of a police officer, the provision or provisions
5 resulting in such a change in the status of the 143.089(g) file shall be invalidated and
6 severed from the balance of this Agreement.
7
8 Section 11. Remedies
9
Io a) Benefit of the Bargain
II
I2 The CITY expressly retains its right and ability to proceed with the determination of
I3 whether or not police misconduct occurred and the authority of the Chief to impose
I4 disciplinary action. The ASSOCIATION recognizes the fact that such reservations are
IS essential to this Agreement. No dispute concerning the operation and function of the
I6 Police Monitor's Office or the Panel shall impair or delay the process of the Chiefs
I7 investigation and determination of whether or not police misconduct occurred and the
I8 degree of discipline, if any, to impose. This includes internal dispute resolution
I9 procedures in this Agreement, any grievance process or arbitration, and any litigation
20 over such issues. In other words, any such dispute resolution processes may proceed, as
2I set forth in this contract or by law, but the disciplinary process may likewise and
22 simultaneously proceed to its conclusion without delay. The statutory time period for the
23 Chief of Police to take disciplinary action against an officer shall be tolled to the extent of
24 any period in which a court order, injunction, or TRO, obtained by the officer involved or
25 the Association on behalf of the officer, halts the Department's investigative or
26 disciplinary process. In no event will the actual time exceed 180 calendar days. The
27 parties agree that the processes in this Agreement, together with the remedies set forth
28 and the procedural protections and rights extended to officers in this Agreement are
29 adequate remedies at law for all disputes arising under this Article.
30
3I b) Expedited Arbitration
32
33 The parties have agreed to expedited arbitration for all unresolved grievances related
34 to the application or interpretation of this Article in order to achieve immediate resolution
35 and to avoid the need for court intervention in equity. Such arbitrations shall be
36 conducted pursuant to the Expedited Labor Arbitration Procedures established by the
37 American Arbitration Association ("AAA"), as amended and effective December 1,
38 2002. To be appointed, the arbitrator must be available to hear the arbitration within
39 thirty (30) calendar days of selection and a decision shall be made within one (l) week of
40 the hearing. The parties agree to create a list of pre-approved arbitrators. Failing same,
4I or in the absence of an available arbitrator from such pre-approved list, the arbitrator
42 designated by the AAA shall be required to be licensed as an attorney in the State of
43 Texas. The parties both agree that the arbitrator has the discretion to receive and hear
44 issues and testimony by written submission or phone conference, but may also require
45 live testimony where appropriate.
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 50
Section 12. Preemption
2
3 It is expressly understood and agreed that all provisions of this Article shall preempt
4 any statute, Executive Order, local ordinance, City policy or rule, which is in conflict
5 with this Agreement and the procedures developed hereunder, including for example and
6 not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the
7 Texas Local Government Code, including but not limited to Section 143.089(g).
8
9
10 ARTICLE 17
II
12 PROTECTED RIGHTS OF OFFICERS
13
14 Section 1. Effect of Article
15
16 The following provisions shall apply to the administrative investigation of alleged
17 misconduct by APD police officers and the process of administrative discipline. To the
18 extent of any conflict between this Agreement and the provisions of Chapter 143 of the
19 Texas Local Government Code, the provisions of this Agreement shall control. To the
20 extent of any conflict between this Article and any other provision of this agreement, this
21 Article shall control.
22
23 Section 2. Definitions
24
25 In this Article:
26
27 a) "Complaint" means any affidavit, administrative referral, or other document
28 setting forth allegations or facts that may form the basis of future allegations
29 of misconduct against an officer and which serves as the basis for initiating
30 an investigation.
31
32 b) "Disciplinary Action" means suspension, indefinite suspension, demotion in
33 rank, reprimand, or any combination of those actions.
34
35 c) "Investigation" means an administrative investigation of alleged misconduct
36 by a police officer that could result in disciplinary action.
37
38 d) "Investigator" means an agent or employee of the Department or an
39 Independent Investigator who participates in conducting an investigation.
40
41 e) "Statement" means any communication (oral or written) setting forth
42 particulars or facts regarding the alleged misconduct under investigation.
43
44 f) "Evidence" means statements, reports, records, recordings, documents,
45 computer data, text, graphics, videotape, photographs, or other tangible forms
46 of information, including a "complaint".
47
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 51
I Section 3. Compelled Testimony
2
3 There shall be no legal or administrative requirement, including but not limited to
4 subpoena power or an order from the City Manager or the Department, that an officer
5 appear before or present evidence to any individual, panel, committee, group, or forum of
6 any type involved in Citizen Oversight. This provision has no application to any
7 Independent Investigation authorized by the Chief of Police or the City Manager,
8 regardless of whether the Independent Investigation was recommended by the Citizen's
9 Review Panel or the Police Monitor, or to any hearing of an appeal of disciplinary action
IO pursuant to this Agreement and/or Chapter 143 of the Texas Local Government Code.
II Police officers remain subject to orders or subpoenas to appear and provide testimony or
I2 evidence in such investigations or hearings.
I3
I4 Section 4. Access to Records by Officers
I5
I6 a) Not less than forty eight (48) hours before the officer who is the subject of an
I7 investigation provides a statement to an investigator, the officer shall be provided a copy
I8 of the complaint(s). The Department may omit the name and/or identity of the person
I9 making the complaint. In the event that the complaint(s) does not contain all allegations
20 of misconduct under investigation, not less than forty eight (48) hours before the
2I investigator begins the initial oral or written interrogation of the officer, the investigator
22 must inform the officer in writing of the additional allegations being investigated.
23
24 b) Before the officer who is the subject of an investigation provides a statement to an
25 investigator, the officer and his representative shall be provided an opportunity to review
26 any videotape, photograph, or other recording of the operative conduct or alleged
27 injuries, if any, which is the subject of the allegations if such recording is within the
28 possession or control of the Department.
29
30 c) An officer is entitled to a copy of his or her statement to the Internal Affairs
3I Division at the time when the statement is finalized and signed by the officer, but the
32 statement remains confidential in the hands of the officer pursuant to 143.089(g), APD
33 policy, and orders of non-communication about internal investigations, except for
34 consultations with counsel.
35
36 d) Before the officer who is the subject of an investigation provides a statement to an
37 investigator, the officer and his representative shall be allowed to review the portions of
38 any document(s) in which it is alleged that the officer provided false, incomplete,
39 inconsistent, or conflicting information, or in which it is alleged that the officer omitted
40 information in violation of any law or Department policy.
4I
42 e) Before the officer who is the subject of an investigation provides a statement to an
43 investigator, the officer and his representative shall be allowed to review any report,
44 supplement, use of force report, or other statement recorded or written by the officer,
45 setting forth particulars or facts regarding the operative conduct which is the subject of
46 the allegation(s).
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 52
2 f) Not less than forty eight (48) hours before a Dismissal Review Hearing (or any
3 other administrative hearing conducted for the purpose of determining whether the
4 Department shall take disciplinary action against an officer for alleged misconduct), the
5 officer and his representative shall be allowed to review for five (5) hours all evidence
6 gathered or obtained during the investigation, and not previously reviewed by the officer
7 pursuant to this Section. The evidence available for review shall not include any
8 investigator's summary.
9
I0 g) When the Chief of Police is notified that the Panel plans to review a case
II involving a "critical incident" or an allegation of a civil rights violation, the officer and
I2 his representative shall be given an opportunity to meet with the Internal Affairs
I3 investigator and review witness statements and photographic or videotape evidence
I4 contained in the lA file, for a period ofup to five (5) hours.
I5
I6 h) Neither the officer nor his representative will be permitted to make copies of any
I7 witness statements, audio tapes, photographic or videotape evidence reviewed; however,
I8 they may take written notes only, provided that they comply with the confidentiality and
I9 use provisions in Section 6.
20
2I i) Nothing in this Article shall be construed as requiring the Department to provide
22 or make available for review by the officer or his representative any evidence from
23 criminal investigations by the Austin Police Department unless that evidence is a part of
24 the Internal Affairs Division administrative file. No criminal investigation material that
25 is part of the Internal Affairs Department case file can be released if there is a pending
26 criminal investigation or judicial proceeding.
27
28 Section 5. Audio Taping of Dismissal Review Hearings
29
30 When a Dismissal Review Hearing (or any other administrative hearing conducted for
3I the purpose of determining whether the Department shall take disciplinary action against
32 an officer for alleged misconduct), is held, the officer who is the subject of the
33 investigation may audio tape the portion of the hearing in which the chain-of-command
34 discusses the lAD investigation and the disciplinary decision with the officer.
35
36 Section 6. Confidentiality of Records and Misuse of Information
37
38 The access to records provided in Section 4 of this Article has been granted in
39 exchange for the following agreements intended to insure confidentiality and to prevent
40 retaliation or the threat of retaliation against any witness in an investigation:
41
42 a) Retaliation or the threat of retaliation by an officer, or by an individual at the
43 direction of the officer, against the author of an Internal Affairs statement is strictly
44 prohibited. A sustained violation of this subsection shall result in either a temporary or
45 indefinite suspension.
46
Meet & Confer Agreement Between COA and APA
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b) If an officer is suspended pursuant to this Section, the officer shall have the right
2 to appeal the suspension to the Civil Service Commission or to an Independent Third
3 Party Hearing Examiner pursuant to the provisions of this Agreement and Chapter 143 of
4 the Texas Local Government Code. The Commission or the Hearing Examiner shall
5 decide whether the specific charge related to this Section is true. If the charge is found to
6 be true, the Commission or Hearing Examiner must affirm the disciplinary action and
7 cannot amend, modify, or reduce the period of disciplinary suspension.
8
9 c) Sections 143.053(e) & (f) of the Texas Local Government Code are hereby
Io superseded to the extent of any conflict with this Section.
II
12 Section 7. Right to Representation
13
14 An officer who is the subject of an investigation or administrative inquiry shall have
15 the right to be represented by an attorney of the officer's choice during an interview
16 provided the attorney complies with the Internal Affairs interview protocol. An officer
17 shall have the right to be represented by an attorney of the officer's choice during a
18 Dismissal Review Hearing (or other administrative hearing conducted for the purpose of
19 determining whether the Department shall take disciplinary action against an officer for
20 alleged misconduct.)
21
22 Section 8. Violation of Officer's Rights
23
24 If the Department or any investigator violates any of the provisions of this Article or
25 of Section 143.312 of the Texas Local Government Code while conducting an
26 investigation, the Department shall reverse any punitive action which depends upon
27 evidence resulting from a violation of this agreement; including a reprimand, and in any
28 appeal, evidence resulting from a violation of this agreement shall be specifically
29 excluded from introduction into evidence in any proceeding against the officer, including
30 any disciplinary appeal hearing. The hearing examiner or arbitrator may make such other
31 evidentiary rulings as are just and fair, after consideration of the circumstances of the
32 violation.
33
34
35 ARTICLE 18
36
37 DISCIPLINARY ACTIONS, DEMOTIONS AND APPEALS
38
39 Section 1. Suspensions of Three (3) Days or Less
40
41 a) Appealable and Non-Appealable Suspensions
42
43 It is understood that most officers will make some errors during their career
44 involving rule violations, including those who are good, professional police officers. The
45 parties agree that short disciplinary suspensions are for the purpose of reinforcing the
46 need for compliance with departmental standards and not necessarily as punishment.
Meet & Confer Agreement Between COA and APA
Effective October 1, 2008 54
2 The parties agree that when an officer is suspended for 1, 2, or 3 days the officer
3 may choose one of two methods of dealing with the suspensions as listed below.
4
5 (1) Suspensions that may not be appealed. The officer may choose to use
6 vacation or holiday time to serve the suspension with no loss of paid salary
7 and no break in service for purposes of seniority, retirement, promotion, or
8 any other purpose. The officer must agree that there is no right to appeal if
9 this method of suspension is chosen.
10
11 (2) Suspensions that may be appealed. The officer may appeal the suspension to
12 arbitration or the Civil Service Commission. If the officer chooses to appeal
13 the suspension, the arbitrator or Civil Service Commission's authority is
14 limited to ruling on whether or not the charges against the officer are true or
15 not true. If the arbitrator or Civil Service Commission finds the charges to be
16 true, there is no authority to mitigate the punishment. If the arbitrator or Civil
17 Service Commission finds the charges to be not true, the officer shall be fully
18 reinstated with no loss of pay or benefit.
19
20 b) Arbitration Costs on Appealable Suspensions
21
22 In the event that an officer appeals a 1, 2 or 3 day suspension to arbitration, it is
23 agreed that the party that loses the arbitration shall be responsible for all costs of the
24 arbitrator, including travel and lodging if necessary.
25
26 To facilitate such payment on the part of the officer he shall submit, at the time of
27 appeal, a signed payroll deduction agreement that if the arbitrator rules in favor of the
28 City he authorizes up to one hundred dollars ($100.00) per month to be deducted from his
29 regular pay until such time as what would usually be the City's portion of the arbitrator's
30 costs have been satisfied.
31
32
33 c) Reductions of Suspensions of Three (3) Days or Less to a Written Reprimand
34
35 The parties agree that temporary suspensions of 1, 2, or 3 days that were imposed
36 on or after March 25, 2001, will be automatically reduced to a written reprimand under
37 the following conditions:
38
39 (1) Suspensions of 1, 2, or 3 days, which are/were not appealed, shall be reduced
40 to a written reprimand two (2) years after the date the suspension was served
41 on the officer if:
42
43 i. The officer does/did not have a sustained complaint for
44 substantially similar conduct within two (2) years from the date the
45 suspension was served on the officer.
46
Meet & Confer Agreement Between COA and APA
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(2) Suspensions of 1, 2, or 3 days, which are/were not appealed, shall be reduced
2 to a written reprimand three (3) years after the date the suspension was served
3 on the officer if:
4
5 i. The officer has been previously disciplined for substantially
6 similar conduct, and;
7
8 ii. The officer does/did not have a sustained complaint for
9 substantially similar conduct within the next three (3) years from
10 the date the suspension was served on the officer.
II
12 (3) Any controversy over whether or not the prior conduct was substantially
13 similar may be presented to an arbitrator under the other provisions of this
14 Article.
15
16 (4) Suspensions of 1, 2, or 3 days that are/were appealed to the Civil Service
17 Commission or a Hearing Examiner are not eligible for reduction to a written
18 reprimand under this Agreement.
19
20 (5) Suspensions of 1, 2, or 3 days that are/were reduced to a written reprimand
21 shall not be introduced, cited, or used in any manner in subsequent
22 disciplinary suspensions or appeals as to that officer, but the original
23 disciplinary decision is not covered by this Section as to contentions of
24 disparate discipline by other officers.
25
26 (6) If the conditions set forth in subparts (a) or (b) are met, the Department shall
27 notify the Civil Service Commission in writing that the temporary suspension
28 has been reduced to a written reprimand. A copy of this document shall be
29 included in the lAD investigative file, and the Department shall enter a
30 notation in all disciplinary databases or records reflecting this change. The
31 parties agree that the Department and the Civil Service Commission will not
32 alter, destroy, conceal, or remove, any documents related to the temporary
33 suspension, including but not limited to the letter of temporary suspension that
34 was filed with the Commission as required by LGC 143.052(c), or the lAD
35 investigative file itself.
36
37 Section 2. Suspensions of Fifteen (15) Days or Less
38
39 If the Chief determines to suspend an officer for fifteen (15) days or less, the Chief
40 may, at his sole discretion in hardship cases, authorize use of the officer's accumulated
41 vacation leave to cover all or part of the suspension. It is also understood and agreed that
42 if the Chief permits the use of vacation days for suspension, such days off shall be
43 considered as equal punishment to traditional unpaid days of suspension. In no case will
44 sick leave be substituted for unpaid days of suspension.
45
Meet & Confer Agreement Between COA and APA
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Section 3. Mutually Agreed Temporary Suspensions of Sixteen (16) to Ninety (90)
2 Days
3
4 Either the Police Chief or the officer facing discipline may offer to impose or accept a
5 suspension without pay for a period from sixteen (16) to ninety (90) days. If the officer
6 accepts the mutually agreed suspension, there shall be no appeal either to the Police Civil
7 Service Commission, to the District Court or to a Hearing Examiner. It is also
8 understood and agreed that if the Chief permits the use of vacation days for suspension,
9 such days off shall be considered as equal punishment to traditional unpaid days of
Io suspension. In no case will sick leave be substituted for unpaid days of suspension.
II
12 Section 4. Payment for Accrued Leave Upon Indefinite Suspension.
13
14 a) An officer who has been indefinitely suspended may, upon request, be paid in a
15 lump sum for up to two hundred forty (240) hours of accrued vacation and up to one
16 hundred sixty ( 160) hours of accrued exception vacation.
17
18 b) If the indefinite suspension is overturned as a result of the appeal, the Civil
19 Service Commission or a Hearing Examiner may restore such leave, but a total award of
20 leave and backpay, if any, shall be offset by the amount paid to the officer under Section
21 a) above.
22
23 Section 5. Alternative Discipline by the Police Chief
24
25 In considering appropriate disciplinary action the Police Chief may require that an
26 officer be evaluated by a qualified professional designated by the Police Chief. If that
27 professional recommends a program of counseling and/or rehabilitation for the officer,
28 the Police Chief may, as an alternative to temporary or indefinite suspension, or in
29 combination with a temporary suspension, require that the officer successfully complete
30 the recommended program. The program of counseling and/or rehabilitation will be
31 completed on the officer's off-duty time, unless the Police Chief approves the use of
32 accrued vacation leave or sick leave. The officer shall be responsible for paying all costs
33 of the program of counseling and/or rehabilitation which are not covered by the officer's
34 health insurance plan. If the officer's misconduct involves alcohol-related behavior, the
35 Police Chief may require that the officer submit to mandatory alcohol testing, when
36 ordered by the Police Chief, for a specified period of time. If, after entering the program
37 of counseling and/or rehabilitation, the officer fails or refuses to complete the program,
38 the officer may be indefinitely suspended. The officer has the right to appeal to the
39 Police Civil Service Commission or to a third party Hearing Examiner any discipline
40 imposed under this section by filing an appeal notice in accordance with the provisions of
41 Chapter 143. On appeal, the Police Civil Service Commission or Hearing Examiner shall
42 have the same duties and powers set forth in Chapter 143, but shall not have the power to
43 substitute a program of counseling and/or rehabilitation different from the program
44 imposed by the Police Chief or to substitute any period of suspension for the required
45 program of counseling and/or rehabilitation.
46
Meet & Confer Agreement Between COA and APA
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Section 6. Alternative Discipline by Agreement
2
3 In considering appropriate disciplinary action, the Police Chief may require that an
4 officer be evaluated by a qualified professional designated by the Police Chief If that
5 professional recommends a program of counseling and/or rehabilitation for the officer,
6 the Police Chief may offer the officer the opportunity to enter into an alternative
7 disciplinary agreement under which the officer would accept a temporary suspension of
8 up to ninety (90) days and agree to successfully complete the program of counseling
9 and/or rehabilitation recommended by the qualified professional designated by the Police
IO Chief. The program of counseling and/or rehabilitation will be completed on the officer's
II off duty time, unless the Police Chief approves the use of accrued vacation leave or sick
I2 leave. The officer shall be responsible for paying all costs of the program of counseling
I3 and/or rehabilitation, which are not covered by the officer's health insurance plan. If the
I4 officer's misconduct involved alcohol related behavior, the Police Chief may require that
IS the officer submit to mandatory alcohol testing, when ordered by the Police Chief, for a
I6 specified period of time. If the officer accepts the opportunity for agreed alternative
I7 discipline, the officer may not appeal any terms of the Agreement. If the officer fails to
I8 successfully complete the program of counseling and/or rehabilitation, the officer may be
I9 indefinitely suspended without right of appeal.
20
2I Section 7. Last Chance Agreement
22
23 a) In considering appropriate disciplinary action, the Police Chief may require that
24 an officer be evaluated by a qualified professional designated by the Police Chief If that
25 professional recommends a program of counseling and/or rehabilitation for the officer,
26 the Police Chief may offer the officer, as an alternative to indefinite suspension, the
27 opportunity to enter into a last chance agreement. The agreement may include the
28 following provisions in addition to any other provisions agreed upon by the officer and
29 the Police Chief
30
3I (l) The officer will successfully complete the program of counseling and/or
32 rehabilitation recommended by the qualified professional designated by the
33 Police Chief.
34
35 (2) The program of counseling and/or rehabilitation will be completed on the
36 officer's off-duty time, unless the Police Chief approves the use of accrued
37 vacation leave or sick leave. The officer shall be responsible for paying all
38 costs of the program of counseling and/or rehabilitation, which are not
39 covered by the officer's health insurance plan.
40
4I (3) The officer will agree to a probationary period not to exceed one (1) year,
42 with the additional requirement that if, during the probationary period, the
43 officer commits the same or a similar act of misconduct, the officer will be
44 indefinitely suspended without right of appeal.
45
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 58
b) If the officer's misconduct involves alcohol-related behavior, the Police Chief
2 may require that the officer submit to mandatory alcohol testing, upon order by the Police
3 Chief, for a specified period of time. If the officer accepts the opportunity for a last
4 chance agreement, the officer may not appeal any terms of the agreement. If the officer
5 fails to successfully complete the agreed upon program, the officer may be indefinitely
6 suspended without right of appeal.
7
8 Section 8. Extending Disciplinary Deadline by Agreement
9
1o a) An officer and the Chief, or designee, may agree to extend any statutory deadline
II for imposing discipline for a period not to exceed thirty (30) days. Either the officer or
12 the Chief may offer or request the extension. The agreement to extend the statutory
13 deadline shall be in writing and shall be signed by both the officer and the Chief, or
14 designee.
15
16 b) Any disciplinary action taken by the Chief before the extended deadline shall be
17 considered timely. An agreement to extend the deadline does not affect an officer's right
18 of appeal from the disciplinary action.
19
20 Section 9. Hearing Examiner Retained
21
22 The CITY recognizes that during the term of this Agreement officers have the right to
23 an appeal of an indefinite suspension or suspension for a definite number of days (subject
24 to the provisions herein on non-appealable suspensions of 1 to 3 days) before a Hearing
25 Examiner as provided in Section 143.057 of the Texas Local Government Code. During
26 the term of this Agreement, the parties specifically agree to retain this right of appeal, as
27 modified herein, notwithstanding any change to Section 143.057 which may occur as a
28 result of court or legislative action.
29
30 Section 10. Hearing Examiner Provisions
31
32 In order to be mutually accepted on the hearing examiners list, an individual must be
33 impartial to the ASSOCIATION and the CITY, shall be a member of the American
34 Arbitration Association (AAA), have formal training in presentation and evaluation of
35 evidence, and have experience in deciding municipal employment issues.
36
37 Section 11. Procedures for Hearings Before Police Civil Service Commission and
38 Independent Hearing Examiners
39
40 It is expressly agreed that Police Civil Service Commission hearings and hearings
41 before Hearing Examiners under 143.057 are informal administrative hearings and are
42 not subject to discovery or evidentiary processes. Specifically it is understood that
43 neither the Texas Rules of Evidence (TRE) or the Texas Rules of Court (TRC) apply to
44 such hearings. If the Department calls a witness to testify during a hearing and that
45 witness has given a statement to Internal Affairs regarding the pending case, then the
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 59
Department will provide a copy of that statement to the officer's counsel at the time the
2 witness is called to testify.
3
4 Section 12. Procedures Before Hearing Examiners
5
6 In any proceeding before a hearing examiner, the following procedures shall be
7 followed:
8
9 a) The Department shall furnish the charge letter to the hearing examiner by
10 delivering a copy to the AAA far enough in advance, so that the hearing
II examiner receives the copy at least five (5) days before the start of the
12 hearing.
13
14 b) The officer may furnish a position statement to the hearing examiner by
15 delivering copies to the AAA and to the Department far enough in advance, so
16 that the hearing examiner and the Department receives the copies at least five
17 (5) days before the start of the hearing.
18
19 c) At the close of the presentation of evidence, the hearing examiner shall
20 conduct a post-hearing conference with counsel for the Department and the
21 officer and advise counsel what issue(s) the hearing officer warits covered in
22 post-hearing briefs. This does not preclude either party from briefing
23 anything not requested by the hearing examiner.
24
25 d) Failure of the AAA to meet its obligations as set out in this Subsection does
26 not jeopardize the hearing rights of either the City or the officer.
27
28 Section 13. Special Appeal Process for Demotions
29
30 a) This Section applies only to involuntary demotions based on misconduct or
31 performance issues. It does not apply the following:
32
33 (1) Demotions related to the return from military service of another officer;
34 (2) Demotions caused by a reduction in force;
35 (3) Demotions related to the reinstatement of another officer after recovery from a
36 disability;
37 ( 4) Demotions from the rank of Assistant Chief of Police; or
38 (5) Demotions related to the reinstatement of another officer after indefinite
39 suspension.
40
41 b) If the Chief chooses to demote an officer, the Chief shall file with the Civil
42 Service Commission a written statement giving the reasons for the demotion. A copy of
43 the written statement shall be furnished immediately to the affected officer.
44
45 c) The officer may appeal the demotion by filing a written appeal notice with the
46 Director of Civil Service within ten (1 0) days after the date of the demotion. The officer
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 60
may elect to appeal to an independent third-party Hearing Examiner selected in
2 accordance with the provisions of Section 143.057 of the Local Government Code, as
3 amended by this Agreement. The officer's election to appeal to a Hearing Examiner
4 must be contained in the officer's initial notice of appeal.
5
6 d) During the pendency of the appeal, the officer's rank and pay shall not be
7 changed but the Chief may reassign the officer to perform duties appropriate to the rank
8 held by the officer immediately prior to the promotion. The officer's absence from his
9 promoted position shall not create a vacancy, but the Chief may pay higher classification
10 pay to another officer to perform the duties of the promoted position.
II
12 e) If the officer appeals to the Civil Service Commission, the decision of the
13 Commission is final and may not be appealed further. If the officer appeals to a Hearing
14 Examiner, the decision may be appealed only on the grounds that the Hearing Examiner
15 was without jurisdiction or exceeded its jurisdiction or that the order was procured by
16 fraud, collusion, or other unlawful means.
17
18 f) If the Commission or Hearing Examiner upholds the Chiefs demotion, the officer
19 shall be returned to the rank held immediately prior to the promotion, the officer's pay
20 shall be adjusted accordingly, and the officer's name shall be permanently removed from
21 the promotional eligibility list if the list is still in effect. The officer's time in grade in the
22 promoted position shall not count toward eligibility for future promotion.
23
24 g) If the Commission or Hearing Examiner overturns the Chiefs demotion, the
25 officer shall be returned to the promoted rank in an assignment to be determined by the
26 Chief.
27
28 h) In addition to the provisions listed in Section 18 Preemption, below, this Section
29 shall be entitled to preemption including but not limited to Sections 143.010, 143.015,
30 143.054, 143.057 and all provisions of Subchapter B of the Texas Local Government
31 Code Chapter 143.
32
33 Section 14. Substitution of Demotion for Indefinite Suspension
34
35 In the appeal of an indefinite suspension, the Civil Service Commission or a Hearing
36 Examiner may substitute a demotion for the indefinite suspension imposed by the Chief.
37
38 Section 15. Mediation
39
40 The City shall implement a voluntary mediation process concerning citizen
41 complaints. The Association may appoint two persons to work with the City in
42 developing the specific operating procedure. The process shall include and be based
43 upon the following concepts:
44
45 a) Mediation shall be an option offered to the complainant at the time the initial
46 complaint is filed for minor nature complaints, such as rudeness.
47
Meet & Confer Agreement Between COA and APA
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b) For a complaint to proceed to mediation, both the officer and the complaining
2 citizen must voluntarily agree.
3
4 c) Once mediation has been agreed to, the matter cannot be returned to the
5 Department to be handled as a disciplinary matter.
6
7
8 Section 16. Effect of Contract Expiration
9
Io The provisions of this Agreement shall remain in full force and effect after expiration
II of this Agreement as to:
12
13 a) Any investigation assigned a Control Number by the Internal Affairs Division
14 prior to the expiration of this Agreement;
15
16 b) Any disciplinary decision by the Chief prior to the expiration of this
17 Agreement; or
18
19 c) Any appeals of such disciplinary action.
20
21 Section 17. Preemption
22
23 It is expressly understood and agreed that all provisions of this Article shall preempt
24 any statute, Executive Order, local ordinance, City policy or rule, which is in conflict
25 with this Agreement and the procedures developed hereunder, including for example and
26 not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the
27 Texas Local Government Code, including but not limited to the provisions of Section
28 143.072, the provisions of Subchapter D of Chapter 143 and all specific provisions
29 referred to in this Article.
30
31
32 ARTICLE 19
33
34 ASSIGNMENT CHANGES
35
36 Section 1. Advance Notice of Assignment Changes.
37
38 Except for normal shift rotations, for assignment changes that are determined far
39 enough in advance, the Department will provide a twenty-eight (28) calendar-day notice
40 to the affected officer. Advance notice of the assignment change may be waived by the
41 Chief or his designee, if prior notice is not in the best interest of the Department or in any
42 emergency situations. Advance notice of the assignment change may be waived by the
43 officer. In the event of special hardship, an affected officer may appeal to the Assistant
44 Chief of their Bureau for consideration of temporary scheduling or other adjustments to
45 reduce or address personal hardships. The Chief shall create a joint committee with
46 representatives appointed by the ASSOCIATION to evaluate hardship claims and to
47 recommend action to the Assistant Chief.
Meet & Confer Agreement Between COA and APA
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I
2 Section 2. Requested Job Assignment Transfers.
3
4 A reasonable, good faith effort shall be made to post initial assignment vacancies. It
5 is recognized and understood that notice cannot be sent for all backfill transfers resulting
6 from the initial vacancies. The usual process shall be to post notice and reference to the
7 APD bulletin board and City email. This notice may be sent out to all employees on
8 alpha pager, as near as possible to ten (I 0) days before closing the application process
9 whether or not you get it. It shall be satisfactory to send an "all page" notice whether or
10 not each individual officer receives it. Oral or written reprimands shall not affect an
II employee's ability to apply for a transfer to a sought after position, but may be
12 considered along with all other factors in making a selection among applicants. Applying
13 for a posted position shall neither jeopardize nor insure an officer's current assignment.
14 The Chief shall establish a committee with representatives appointed by the
15 ASSOCIATION to recommend changes or improvements in the process of posting notice
16 of job assignment opportunities or openings.
17
18
19 ARTICLE 20
20
21 AGREEMENT GRIEVANCE PROCEDURE
22
23 Section 1. Goals and Objectives
24
25 The parties agree that they share the interest of resolving disputes with minimum
26 confrontation. To this end, the parties will attempt to insure that disputes are identified
27 and resolved through a process committed to mutual respect, open communication, and
28 joint problem solving.
29
30
31 Section 2. Nature of Grievances
32
33 As used in this Article, a "grievance" is defined as any dispute, claim, or complaint
34 involving the interpretation, application, or alleged violation of any provision of this
35 Agreement. A grievance may be filed under this procedure by the ASSOCIATION or by
36 any individual officer to whom this AGREEMENT applies. A grievance which does not
37 relate to the application and/or interpretation of any provision of this Agreement shall be
38 processed in accordance with a procedure to be established in writing by the Chief of
39 Police. Grievances pending as of the effective date of this Agreement shall be processed
40 under procedures in effect prior to the Agreement. Pending shall mean that the written
41 grievance has been filed.
42
43 Section 3. Timelines
44
45 Any timeline or deadline provided in this Article may be extended by mutual written
46 agreement of the parties involved at the particular step of the process where the timeline
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 63
applies. If any timeline or deadline for a decision is missed by the City, the grievance
2 automatically proceeds to the next step in the process. If any timeline or deadline for a
3 decision is missed by the Association, the grievance is considered to be resolved and
4 dismissed.
5
6 Section 4. Steps of Grievance Procedure
7
8 The steps of this grievance procedure are as follows:
9
IO Step 1
II
12 a) Filing of Grievance
13
I4 The Association President or an aggrieved officer who desires to file a grievance
15 under this procedure must file his/her grievance with the Association Grievance
16 Committee within thirty (30) business days after the Association President or the officer
I7 knew of or should have known of the facts or event(s) giving rise to the grievance. A
I8 copy of the grievance shall be forwarded to the Chief of Police, or designee, by the
19 Association Grievance Committee within three (3) business days after receipt of the
20 grievance.
2I
22 b) Response by Association Grievance Committee
23
24 Within fifteen (15) business days after its receipt of a grievance filed by an
25 individual officer or filed on behalf of the Association under this procedure, the
26 Association Grievance Committee shall determine, in its sole discretion, if a valid
27 grievance exists. If the Association Grievance Committee determines that the grievance
28 is valid, the grievance shall proceed to Step 2 of this procedure. If the Association
29 determines that the grievance is not valid, the Association President will notify the Chief
30 that no further proceedings are necessary.
31
32 Step 2
33
34 Any grievance found to be valid by the Association Grievance Committee shall be
35 submitted to the Chief of Police within fifteen ( 15) business days of the Step 1 ruling.
36 Each grievance shall be submitted on a form agreed to by the parties and must include:
37
38 (1) A brief statement of the grievance and the facts or events upon which it is based;
39
40 (2) The section(s) of the Agreement alleged to have been violated;
41
42 (3) The steps taken, if any, by the grievant to resolve the issue; and
43
44 (4) A proposed resolution ofthe grievance.
45
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 64
1 A grievance submitted in substantial compliance with this section shall not be denied
2 on the basis of form. Within fifteen ( 15) business days after receipt of the Step 2
3 grievance, the Chief of Police shall submit a written response to the Association
4 Grievance Committee.
5
6
7 Step 3
8
9 If a grievance is not resolved at Step 2 , the Association may within fifteen (15)
10 business days after receipt of the Chiefs Step 2 response, submit the grievance to
II arbitration in accordance with the provisions of this Agreement. The grievance
12 arbitration procedure shall be implemented by the Association notifying the Chief of
13 Police in writing of its intent to submit the grievance to arbitration.
14
15 Step 4
16
17 The arbitration hearing will be scheduled by agreement at the earliest date possible,
18 preferably within thirty (30) business days after submitting the grievance to arbitration.
19 The arbitrator will be selected as agreed or under the AAA process.
20
21 The hearing shall be held at a location which is convenient for all parties and the
22 arbitrator and shall be conducted informally, without strict evidentiary or procedural
23 rules. Unless otherwise mutually agreed, the submission to the arbitrator shall be based
24 on the written grievance statement submitted by the Association Grievance Committee at
25 Step 2. The arbitrator shall consider and decide only the issue(s) in the grievance
26 statement or submitted in writing by agreement of the parties. The hearing shall be
27 concluded as expeditiously as possible and the arbitrator's written decision shall be
28 provided to both parties within thirty (30) calendar days after close of the hearing, unless
29 the parties mutually agree otherwise
30
31 The parties specifically agree that the arbitrator's authority shall be strictly limited to
32 interpreting and applying the explicit provisions of this Agreement. The arbitrator shall
33 not have authority to modify the agreement or create additional provisions not included in
34 the Agreement. The parties agree that neither the City nor the Association shall have ex
35 parte communications with the arbitrator concerning any matter involved in the
36 grievance submitted to the arbitrator.
37
38 Each party shall be responsible for its own expenses in preparing for and representing
39 itself at arbitration. The fees of the arbitrator shall be borne by the losing party. In the
40 event of a composite decision, the arbitrator shall determine the portion of such cost to be
41 borne by each party. The written decision of the arbitrator may be appealed only on the
42 grounds that the arbitrator was without jurisdiction or exceeded his jurisdiction; that the
43 decision was procured by fraud, collusion, or other unlawful means; or that the
44 arbitrator's decision is based upon a clear and manifest error of law.
45
46
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 65
Section 5. Election of Remedies
2
3 It is specifically and expressly understood that filing a grievance under this Article,
4 which has as its last step final and binding arbitration, constitutes an election of remedies.
5
6 Section 6. Statutory Appeals and Hearings
7
8 Except as specifically provided in this Agreement, all statutory rights of appeal to the
9 Civil Service Commission or Hearing Examiner, including disciplinary matters,
Io promotional bypasses, and demotions will be governed by Chapter 143 and are not
II subject to this contract grievance procedure.
12
13
14 ARTICLE 21
15
16 TERM OF AGREEMENT
17
18 Section 1. Term of Agreement
19
20 a) This Agreement shall be effective as of the date it is ratified by the City Council,
21 except as to any provisions herein specifically made effective on any other date. It shall
22 remain in full force and effect, subject to the provisions of this Article, until September
23 30, 2011.
24
25 b) The provisions of this Agreement do not apply to any officer who separates from
26 City employment before the effective date of this Agreement or before the effective date
27 of any specific provisions hereof.
28
29 Section 2. Additional Option Year
30
31 The City may, at its option, extend this Agreement for one additional year, by
32 notifying the Association on or before March 1, 2011, that it chooses to so extend this
33 Agreement. All provisions of this Agreement will remain in full force and effect, subject
34 to the provisions of this Article, during the additional year of this Agreement, which shall
35 end on September 30, 2012.
36
37 Section 3. Continuing Relationship
38
39 a) The parties acknowledge their longstanding history of successful Meet & Confer
40 negotiations and their joint efforts to continue to build on the framework of each previous
41 agreement. This Agreement is the product of that relationship and negotiation history.
42 Rather than including in this agreement many of the details or the processes which were
43 in former agreements, the parties have limited the provisions in this agreement to those
44 that are necessary. This includes agreements on the issues which may require a
45 contractual modification of existing civil service law (access to the 143.089(g) file, and
46 release of defined reports from Independent Investigations), agreements to outline the
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 66
broad concepts of citizen oversight, and agreements which clarify rights which exist with
2 or without the agreement. Other aspects of the City's implementation of citizen oversight
3 are its prerogatives under Texas law and the City Charter, and do not require contractual
4 provisions. Both parties recognize that the City may proceed with citizen oversight under
5 this new agreement substantially as it has done under the prior agreement, and the City is
6 entitled to the maintenance of those prior rights and prerogatives, although this agreement
7 does not require the City to operate citizen oversight under the prior provisions, except to
8 the extent now specified in this agreement. Both parties recognize that without the
9 continued ability of the City to carry out citizen oversight, this agreement would not have
Io been reached, either as to the economic issues or the additional provisions for the
II procedural protections of officer's rights.
12
13 b) In the event of any court order, judgment, Texas Attorney General's opinion or
14 arbitration decision brought or caused by officers or the APA which substantially impairs
15 oversight access to the 143 .089(g) file, prevents release of the defined portions of reports
16 of independent investigation, invalidates the 180 tolling provision in Article 16, or
17 impairs the City's right to expedited arbitration as contemplated herein, the City may
18 reopen negotiations to resolve and correct the issue or an alternate resolution. If a
19 negotiated resolution of the issue is not achieved, the City may terminate this agreement
20 after ninety (90) days written notice, and the parties may resume negotiations toward a
21 successor agreement under the provisions Section 143.301 et.seq., of the Texas Local
22 Government Code.
23
24 c) In the event of any court order, judgment, Texas Attorney General's opinion or
25 arbitration decision brought or caused by the City of Austin or other party with standing
26 under this agreement substantially impairs the provisions of Article 17 pertaining to
27 officer's rights, or which would allow full access to investigative evidence of officer
28 misconduct in the absence of a disciplinary decision imposed by the Chief, the AP A may
29 reopen negotiations to resolve and correct the issue or an alternate resolution. If a
30 negotiated resolution of the issue is not achieved, the City may terminate this agreement
31 after ninety (90) days written notice, and the parties may resume negotiations toward a
32 successor agreement under the provisions Section 143.301 et.seq., of the Texas Local
33 Government Code.
34
35 Section 4. Notice and Renegotiation
36
37 If either the City or the Association desires to engage in negotiation for a successor
38 Agreement, then either or both shall give the other party written notice of its desire to
39 negotiate for a new Agreement no less than 120 days before the expiration of the present
40 Agreement. In the event that notice of intent to renegotiate is given by either party, the
41 parties will begin negotiations for a new Agreement not later than sixty (60) days after
42 notice is given, unless the parties agree otherwise.:.
43
44
45
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 67
1 Section 5. Continuation During Negotiations
2
3 If the parties are engaged in negotiations for a successor Agreement at the time this
4 Agreement expires, the Association's and the City's negotiating teams shall have the
5 authority to extend this Agreement in thirty (30) calendar day increments by mutual
6 written agreement, during any period of good faith negotiations after such termination
7 date, not to exceed a total of six (6) months.
8
9 Section 6. Effect of Termination
10
11 a) In the event that a successor Agreement has not been ratified before the expiration
12 date of this Agreement (the expiration date of September 30, 2011, the extended
13 expiration date of September 30, 2012, or any extended expiration date under Section 5
14 above), all provisions of this Agreement, both economic and non-economic, shall expire
15 and no longer be in full force and effect, except as to specific Articles or Sections hereof
16 which provide that some or all of their terms will continue beyond expiration of this
17 Agreement.
18
19 b) In the event of any temporary expiration of the prior agreement before the legally
20 effective approval of this Agreement, this Agreement shall nevertheless control all
21 matters and rights defined hereunder, in spite of any such interim lapse or gap, as if this
22 Agreement had become immediately effective upon the expiration of the prior
23 Agreement. This provision of the Agreement shall not require exhaustion of
24 administrative remedies by any person claiming rights relating to it or asserting its
25 validity.
26
27 c) After expiration/termination of this Agreement, it is expressly understood that the
28 wages and compensation specified in this Agreement may then be placed at a level
29 determined by the City Manager, as funds are authorized by the City Council, and this
30 does not preclude wages and compensation being rolled back to pre-contract levels, as
31 they existed on the day prior to the effective date of this Agreement.
32
33 Section 7. Funding Obligations
34
35 The CITY presently intends to continue this Agreement each fiscal year through its
36 term, to pay all payments due, and to fully and promptly perform all of the obligations of
37 the CITY under this Agreement. All obligations of the CITY shall be paid only out of
38 current revenues or any other funds lawfully available therefore and appropriated for such
39 purpose by the City Council, in compliance with the Texas Constitution, Article XI,
40 Sections 5 and 7. In the event that the City of Austin cannot meet its funding obligations,
41 as provided in the State Constitution, this entire Agreement becomes null and void.
42
43
44
45
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 68
Article 22
2
3 Notices
4
5 Section 1. Association Notices
6
7 Notices the Association is required to provide to the City under this Agreement or
8 Chapter 143, unless specifically noted otherwise, will be provided in writing to the office
9 ofthe Chief of Police and the designated representative ofthe City Attorney's Office.
IO
II Section 2. City Notices
I2
13 Notices the City is required to provide to the Association under this Agreement or
I4 Chapter 143, unless specifically noted otherwise, will be provided in writing to the
I5 Association President's office and the Association's designated attorney.
I6
I7 Section 3. Designation of Notice Recipients
I8
19 Within I 0 calendar days after the effective date of this Agreement, both parties will
20 provide the other written notice of the correct mailing and e-mail addresses of its
21 designated recipients.
22
23 Section 4. Timeliness of Mail Notice
24
25 A notice provided by mail will be deemed timely if addressed to the two correct
26 mailing addresses for the City or the Association and postmarked no later than the date
27 such notice is due.
28
29 Section 5. Adequacy of Email Notice
30
31 Use of email communications under this paragraph shall be preceded by confirmed
32 exchanges at the outset of the agreement, from the sending to receiving servers, prior to
33 using the email option for notices under this section. Each party agrees to provide notice
34 of any change in email addresses of any designated recipient following the initial
35 exchange of emails. In recognition of the fact that email systems are dependent on a
36 number of technical factors, the parties agree to confirm the receipt of email notices by
37 sending a "read receipt" to the other party or sending a brief acknowledgment of receipt.
38 A notice sent by e-mail will be deemed timely if addressed to the two correct e-mail
39 addresses for the City or the Association and sent by 4:59p.m. on the due date.
40
4I Section 6. Notice of Address Changes
42
43 Notice of any changes of address or e-mail address must be provided in writing to the
44 other party within 7 calendar days of the change.
45
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 69
I ARTICLE 23
2
3 ENTIRE AGREEMENT
4
5 Section 1. Subjects and Issues
6
7 The parties acknowledge that during the negotiations which resulted in this
8 Agreement, each had the unlimited right and opportunity to raise issues and make
9 proposals with respect to any subject or matter not removed by law from the meet and
Io confer process, and that the understandings and agreements arrived at by the parties after
II the exercise of that right and opportunity are set forth in this Agreement. Therefore, the
I2 CITY and the ASSOCIATION, for the duration of this Agreement, each voluntarily and
13 unqualifiedly waive the right, and each agrees that the other shall not be obligated, to
I4 meet and confer with respect to any subject or matter referred to, or covered in this
15 Agreement, or with respect to any subject or matter not specifically referred to or covered
16 in this Agreement, even though such subjects or matters may not have been within the
17 knowledge or contemplation of either or both of the parties at the time they negotiated or
18 signed this Agreement, except as provided for single issue negotiation above.
19
20 Section 2. Amendment of the Agreement
21
22 a) Except as provided in Subsection b) below, this Agreement may be amended
23 during its term by the parties only by written mutual agreement ratified in accordance
24 with the provisions of Chapter 143.
25
26 b) The Association's Executive Board and the City Manager are expressly delegated
27 the power to enter into Memoranda of Amendment as necessary to implement the
28 intentions of the parties with regard to Article 25, Consolidation of Public Safety Officers
29 intoAPD.
30
31 Section 3. Benefit of the Bargain
32
33 a) In the event that the Texas Legislature amends any provision of Texas Local
34 Government Code Chapters 141, 142 and 143 that changes wages or benefits for City of
35 Austin Police Officers during the term of this Agreement, any such amendment shall not
36 be applicable to the officers covered by this Agreement, unless the City Council adopts
37 such amendment by Ordinance. Examples of wages and benefits include, but are not
38 limited to, base salary, longevity, assignment pay, sick leave, vacation, health insurance,
39 and weapon provision mandates.
40
41 b) During the negotiation of this Agreement, the City and the Association have
42 agreed on the stated enhancements to employee compensation and benefits, in reliance on
43 the cost of those enhancements. Both parties acknowledge that this Agreement would not
44 have been reached, as reflected in this document, if the cost to the City had been higher.
45 In the event of any proceeding in which the Association asserts the right to additional
46 compensation or pay enhancements based on the provisions of this Agreement, the
Meet & Confer Agreement Between COA and APA
Effective October 1, 2008 70
decision-maker shall consider the cost of the contractual pay and benefits enhancements
2 as part of the mutual agreement and meeting of the minds that resulted in approval of this
3 Agreement by both parties.
4
5
6 ARTICLE 24
7
8 SAVINGS CLAUSES
9
I0 Section 1. Effect of Illegal Provision
II
12 If any provision of this Agreement is subsequently declared by legislative or judicial
13 authority to be unlawful, unenforceable, or not in accordance with applicable statutes, all
14 other provisions of this Agreement shall remain in full force and effect for the duration of
15 this Agreement, and the parties shall meet as soon as possible to agree on a substitute
16 provision.
17
18 Section 2. Preemption of Local Government Code and Other Provisions
19
20 The provisions of this Agreement shall supersede and preempt the provisions of any
21 statute, Executive Order, local ordinance, City policy or rule, which is in conflict with
22 any provision of this Agreement and the procedures developed hereunder, including for
23 example. and not by way of limitation, any contrary provisions of Chapters 141, 142, and
24 143 of the Texas Local Government Code; Ordinances of the City of Austin, Texas;
25 Personnel Policies of the City of Austin, and Rules and Regulations of the Police
26 Officers' Civil Service Commission for the City of Austin, Texas. This preemption
27 provision is authorized by Section 143.307 of the Texas Local Government Code, and the
28 parties have expressly agreed that each and every provision involving or creating such a
29 conflict shall have the effect of superseding the statutory standard or result which would
30 otherwise obtain, in the absence of this agreement. This provision is of the essence to the
31 bargain and agreement which has been reached.
32
33 Section 3. Change in Authorized Representative
34
35 During the term of this Agreement, if there is a withdrawal of recognition of the APA
36 pursuant to Section 143.304 of the Texas Local Government Code, then it will be the
37 CITY's option to continue the terms of this Agreement or to cancel the contract and
38 engage in negotiations with the successor organization, if any.
39
40
41
42
43
44
45
46
47
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 71
ARTICLE 25
2
3 CONSOLIDATION OF PUBLIC SAFETY OFFICERS INTO APD
4
5 Section 1. Definitions
6
7 The following definitions apply to terms used in this Article and this Agreement,
8 unless a different definition is required by the context in which the term is used:
9
Io a) "PSEM" refers to the City of Austin Public Safety and Emergency Management
11 Department.
12
13 b) "PSEM law enforcement officer(s)" refers to PSEM employees who are
14 commissioned by TCLEOSE as peace officers.
15
16 c) "Transition Completion Date" refers to the date that the last PSEM law
17 enforcement officer successfully completes the modified cadet training program designed
18 by APD specifically for the transition process.
19
20 Section 2. Statement of Intent
21
22 a) The intent of this Article is to provide for the consolidation of the law
23 enforcement functions of the City's Public Safety and Emergency Management
24 Department into the Austin Police Department. The paramount purpose in consolidating
25 the two law enforcement agencies is to provide unity of command and improve safety in
26 meeting the law enforcement needs of the community.
27
28 b) The parties acknowledge that a transition period is necessary to achieve
29 consolidation and agree that this Article is intended to provide the flexibility necessary to
30 structure the transition and accomplish consolidation in an orderly and cost-effective
31 manner. The parties further intend that all PSEM law enforcement officers will be under
32 the command of the Chief of Police at the earliest possible date and that the law
33 enforcement functions of PSEM will cease to exist when the PSEM officers become APD
34 employees.
35
36 c) A further intent of this Article is to achieve an integration of the PSEM law
37 enforcement officers into the APD Civil Service classifications and compensation
38 structure and to extend to them the benefits enjoyed by APD officers under Chapter 143
39 of the Texas Local Government Code and the terms of this Agreement, except as
40 otherwise provided for in this Article.
41
42 d) The parties also intend that, when the transition period is complete, the
43 consolidation of the former PSEM law enforcement officers into APD will be fully
44 accomplished.
45
46
47
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 72
Section 3. Basic Consolidation Provisions
2
3 a) The City will commence the consolidation transition in a timely manner after the
4 effective date of this Article and will complete the transition within a period of eighteen
5 (18) months after commencement. The transition will be completed on the date that the
6 last PSEM law enforcement officer successfully completes the modified cadet training
7 program designed by APD specifically for the transition process. That date is referred to
8 in this Article as the "Transition Completion Date."
9
I0 b) The Chief of Police will determine the methods, strategies, and processes for the
II transition and shall have full discretion to direct the transition, subject only to any
I2 limitations specified in this Article. Nothing in this Article shall be construed to abrogate
I3 any of the City's management rights, unless specifically provided otherwise in this
I4 Article. During the transition, the Chief of Police retains full authority to determine the
I5 assignment and duties of both APD officers and the PSEM law enforcement officers.
I6
I7 c) Notwithstanding any provisions of Chapter 143, the Chief of Police shall assume
I8 command of all law enforcement officers employed by PSEM on the effective date of this
I9 Article. All PSEM law enforcement officers will become APD employees on the
20 effective date of this Article, to the same extent as if they had been hired under the
2I processes prescribed by Chapter 143. If the effective date of this Article is delayed
22 beyond the effective date of this Agreement, the provisions of Section 11 below shall
23 apply during any period between the effective date of the Agreement and the effective
24 date of this Article.
25
26 Section 4. Selection and Training
27
28 a) The Chief of Police shall establish the selection criteria and requirements for
29 PSEM law enforcement officers who will be included in the transition, which shall
30 include a background investigation. The Chief of Police shall not select any PSEM
3I officer previously employed by APD whose employment was terminated or who resigned
32 in lieu of termination, as determined by the Chief of Police.
33
34 b) PSEM law enforcement officers selected for the transition must attend and
35 successfully complete a modified cadet training program designed by APD specifically
36 for the transition process. Any officer who does not successfully complete the
37 requirements of the program, as determined by the Chief of Police, will be dismissed
38 from APD without right of appeal or grievance under Civil Service law, the grievance
39 process in this Agreement, or the City's grievance process applicable to non-Civil
40 Service employees.
4I
42 c) PSEM law enforcement officers who successfully complete the modified cadet
43 training program will also complete an orientation period, as determined by the Chief of
44 Police, but shall not be on probation for any period of time after completion of the
45 program.
46
Meet & Confer Agreement Between COA and AP A
Effective October I, 2008 73
Section 5. Civil Service Status
2
3 a) All PSEM law enforcement officers who successfully complete the modified
4 cadet training program, as determined by the Chief, will be placed in the APD Civil
5 Service rank of Police Officer, regardless of their previous position or rank in PSEM, and
6 will thereafter be Civil Service employees, subject to the provisions of this Agreement.
7
8 b) Any change in rank resulting from the consolidation transition shall not be
9 construed as a demotion under either Civil Service law or the City's Personnel Policies.
I0 A PSEM law enforcement officer whose rank changes as a result of the consolidation
II transition may not file a grievance regarding that change in rank under the grievance
I2 process set out in this Agreement or under the City's Personnel Policies.
I3
14 Section 6. Wages and Benefits
I5
16 a) On the effective date of this Article, the compensation of all PSEM law
I7 enforcement officers will be determined as follows:
18
19 (1) Base Salary: Each officer will be placed into the APD Base Salary Schedule
20 at the pay step which matches the officer's base salary from PSEM for the pay period
2I immediately prior to the effective date of this Article. If the Base Salary Schedule does
22 not include a pay step that matches the officer's PSEM base salary, the officer will be
23 placed at the next higher pay step on the Schedule. All placements will result in the
24 officer receiving a step pay increase in the second year of this Agreement, except that no
25 PSEM officer will be placed above the pay step applicable to APD officers with sixteen
26 (16) years of service. An officer's years of service with PSEM do not affect an officer's
27 initial placement in the Schedule. After initial placement, the officer will advance
28 through the step pay program in sequence without regard to the officer's years of service
29 with APD or PSEM. For example, a PSEM officer who is placed in pay step 60
30 (applicable to 5 years of service for an APD officer) will advance to pay step 70
3I (applicable to 6 years of service for an APD officer) at the beginning of the second year
32 of this Agreement.
33
34 (2) Stipends and Special Pay Items: The stipends received by PSEM officers will
35 be discontinued on the effective date of this Article. Thereafter, all officers are eligible to
36 receive the special pay items in Article 7 (Field Training Officer Pay; Mental Health
37 Certification Pay; Bilingual Pay; Shift Differential; and Education Incentive or
38 Certification Pay) for which they qualify, in accordance with the terms of this
39 Agreement.
40
41 (3) Longevitv Pay: Each officer will receive longevity pay as provided in Article
42 7 of this Agreement based on the officer's cumulative years of service with both PSEM
43 and APD.
44
45 b) No later than thirty (30) calendar days after the effective date of this Article, the
46 City will determine whether any PSEM law enforcement officers will incur a loss in pay
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 74
as a result of placement into the APD Base Salary Schedule and special pay program
2 provided by Article 7. If the determination reflects a loss in pay for any officer during
3 the first year of this Agreement, the officer will receive the difference in a lump sum
4 payment no later than forty- five (45) calendar days after the effective date of this Article.
5 If such a loss will occur for any PSEM officer during the second year of this Agreement,
6 the officer will receive the difference in a lump sum payment at the beginning of the
7 second year of this Agreement.
8
9 c) Any change in compensation resulting from the consolidation transition shall not
Io be construed as a demotion or promotion under Civil Service law, this Agreement, or the
II City's Personnel Policies. A PSEM law enforcement officer whose compensation
12 changes as .a result of the consolidation transition may not file a grievance regarding that
13 change in compensation under the grievance process set out in this Agreement or under
14 the City's Personnel Policies.
15
16 Section 7. Transfer of Leave and Compensatory Time Balances
17
18 a) On the effective date of this Article, each PSEM law enforcement officer will
19 begin accruing leave at the same rate as APD officers.
20
21 b) Leave balances accrued by PSEM law enforcement officers prior to the effective
22 date of this Article will be transferred to APD on the effective date of this Article.
23 Special vacation balances of PSEM officers due to settlement of claims regarding
24 vacation accrual rates shall be transferred to APD and shall remain subject to the terms of
25 the applicable settlement agreement.
26
27 c) All compensatory time balances will be transferred to APD on the effective date
28 ofthis Agreement, but must be used by the former PSEM officers within three (3) years
29 ·after the effective date of this Agreement.
30
31 Section 8. Payment of Accrued Sick Leave
32
33 Accrued sick leave will be paid to a former PSEM law enforcement officers under the
34 following conditions:
35
36 a) An officer who retires under both the City of Austin Employees Retirement
37 System and the Austin Police Retirement System, will be paid for all accrued sick leave
38 in accordance with the provisions of Article 9, except that the 10-year service
39 requirement shall not apply.
40
41 b) An officer who was hired by the City of Austin prior to October 1, 1986, who
42 separates from the City for any reason other than retirement will be paid for a maximum
43 of 720 hours of accrued sick leave.
44
45 c) An officer who was hired after October I, 1986, who separates from the City after
46 the effective date of this Article for any reason other than retirement will be paid for
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 75
accrued sick leave in accordance with Article 9 of this Agreement, but years of service
2 with PSEM will not be counted as years of service with APD for purposes of the 10-year
3 service requirement.
4
5 Section 9. Promotional Eligibility
6
7 A PSEM law enforcement officer who successfully completes the transition and
8 becomes an APD officer shall be eligible to take the promotional examination for the
9 rank immediately above Police Officer upon completion of five (5) years of service. For
Io purposes of calculating the required five ( 5) years of service, all service with APD after
II the Transition Completion Date plus up to three (3) years of continuous service in PSEM
12 immediately prior to the effective date of this Article shall be counted toward the
13 requirement.
14
15 Section 10. Conditions Precedent
16
17 To prevent impairment of retirement benefits for the PSEM law enforcement officers,
I8 Sections 2 through 10 of this Article shall not be effective unless the following conditions
19 are met;_
20
21 a) The City Council approves a resolution to support legislation in the 2009
22 Legislature to amend the Austin Police Retirement System (APRS) pension statute to:
23
24 (1) Increase the City's contribution rate for APRS to the amount determined by
25 the System's actuary to fund the additional liabilities incurred by the System
26 as a result of participating in the Proportionate Retirement Program; and
27
28 (2) Require that approximately six (6) years after the System begins participating
29 in the Proportionate Retirement Program, the System's actuary must conduct a
30 five-year experience study to determine whether the City's contribution rate
31 should be increased or decreased based on utilization of the Proportionate
32 Retirement Program during that period.
33
34 b) The City and the APRS Board of Trustees concur on a reasonable plan and
35 schedule by which the Board of Trustees will adopt a final resolution electing to
36 participate in the Proportionate Retirement Program. If the agreed schedule delays the
37 adoption of the final resolution by the APRS Board of Trustees until after the effective
38 date of this Agreement, the effective date of Sections 3 through 9 of this Article shall be
39 delayed until the final resolution is adopted by the APRS Board of Trustees.
40
41 c) The City's increased contribution rate to the APRS to fund additional liabilities
42 incurred as the result of participation in the Proportionate Retirement Program does not
43 exceed 18.25%. However, the City may accept a higher contribution rate, approve the
44 APRS election to participate in the Proportionate Retirement Program, and waive the
45 enforcement of the condition set out in this paragraph.
46
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 76
Section 11. Unified Command
2
3 a) The parties agree that unified command of APD and PSEM law enforcement
4 officers should be achieved at the earliest possible date. If the effective date of this
5 Article is delayed beyond the effective date of this Agreement based on the provisions of
6 Section 10 above, the provisions of this Section shall apply until the effective date of the
7 remainder of this Article.
8
9 b) From the effective date of this Agreement until the effective date of this Article,
I0 the Director or Acting Director of PSEM shall temporarily report directly to the Chief of
II Police. The Chief of Police shall assume command of all PSEM law enforcement
I2 functions by virtue of this reporting relationship, but PSEM shall remain a separate City
I3 department during this period.
14
15 c) Notwithstanding any provisions of Civil Service law, the PSEM officers will not
16 become APD employees until the effective date of this Article.
17
18 Section 12. Grievances
I9
20 A grievance may be filed under this Article only on the following issues:
21
22 1) That the City failed to properly apply the prescribed methodology of this
23 Article in determining the proper placement of a PSEM officer in the APD
24 Base Salary Schedule; or
25
26 2) That a PSEM officer was placed in the APD Base Salary Schedule above the
27 pay step applicable to APD officers with sixteen ( 16) years of service.
28
29 Section 13. Preemption
30
31 It is expressly understood and agreed that all provisions of this Article shall preempt
32 any statute, Executive Order, local ordinance, City policy or rule, which is in conflict
33 with this Agreement and the procedures developed hereunder, including for example and
34 not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the
35 Texas Local Government Code, including but not limited to the provisions of Sections
36 143.003; 143.010; 143.014; 143.021(b) and (c); Sections 143.022 through 143.036;
37 Sections 143.041; and Sections 143.051 though 143.
38
39
40
41
42
43
44
45
Meet & Confer Agreement Between COA and APA
Effective October I, 2008 77
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED TO HAVE THIS
2 AGREEMENT TO BE SIGNEQ BY THEIR DULY AUTHORIZED
3 REPRESENTATIVES ON THIS :jo·th DAY OF ~,~pteM&.!u~ , 2008.
4
5 CITY OF AUSTIN AUSTIN POLICE ASSOCIATION
6
7
8
9
10
II City Manager
I2
13
14
15
I6
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
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Meet & Confer Agreement Between COA and APA
Effective October I, 2008 78
City of Austin Police Pay Schedule FY 2008-09
40 Hour Week
GRADE A B c D E F G H I J K L M
PAYSTEP 10 20 30 40 50 60 70 80 90 100 110 120 130
YEAR BASE 1 2 3 4 5 6 7 8 9 10 11 12
OFFICER HR 24.446 27.4331 30.279 30.279 30.279 30.279 32.397 32.397 32.397 32.397 34.666 34.666 34.666
17050 MO 4,237 4,755 5,248 5,248 5,248 5,248 5,616 5,616 5,616 5,616 6,009 6,009 6,009
P02 YR 50,848 57,061 62,979 62,979 62,979 62,979 67,386 67,386 67,386 67,386 72,104 72,104 72,104
CORPORAUDETECTIVE HR 33.003 33.003 35.313 35.313 35.313 35.313 37.786 37.786 37.786
17025 MO 5,721 5,721 6,121 6,121 6,121 6,121 6,550 6,550 6,550
PO? YR I 68,646 68,646 73,452 73,452 73,452 73,452 78,594 78,594 78,594
SERGEANT HR 38.491 38.491 38.491 41.186 41.186 41.186
17070 MO 6,672 6,672 6,672 7,139 7,139 7,139
P08 YR 80,061 80,061 80,061 85,666 85,666 85,666
LIEUTENANT HR 44.265 47.363 47.363 47.363
17045 MO 7,673 8,210 8,210 8,210
P09 YR 92,070 98,515 98,515 98,515
COMMANDER HR 54.768 54.768
17018 MO 9,493 9,493
P10 YR 113,917 113,917
NOTES: MONTH & ANNUAL PAY RATES ARE APPROXIMATIONS DUE TO STATISTICAL ROUNDING.
Police Cadet 15.385 HOURLY 2,667 MONTHLY 32,001 YEARLY
GRADE N 0 p Q R s T u v w X y z
PAYSTEP 140 150 160 170 180 190 200 210 220 " 230 240 250 260
YEAR 13 14 15. 16 17 18 19 20 21 22 23 24 25
JFFICER HR 34.666 37.092 37.092 39.689 39.689 39.689 39.689 39.689 39.689 39.689 39.689 39.689 39.689
17050 MO 6,009 6,429 6,429 6,879 6,879 6,879 6,879 6,879 6,879 6,879 6,879 6,879 6,879
'02 YR 72,104 77,151 77,151 82,553 82,553 82,553 82,553 82,553 82,553 82,553 82,553 82,553 82,553
~ORPORAUDETECTIVE HR 37.786 40.430 40.430 43.261 43.261 43.261 43.261 43.261 43.261 43.261 43.261 43.261 43.261
17025 MO 6,550 7,008 7,008 7,499 7,499 7,499 7,499 7,499 7,499 7,499 7,499 7,499 7,499
'07 YR 78,594 84,095 84,095 89,983 89,983 89,983 89,983 89,983 89,983 89,983 89,983 89,983 89,983
iERGEANT HR 41.186 44.068 44.068 47.153 47.153 47.153 47.153 47.153 47.153 47.153 47.153 47.153 47.153
7070 MO 7,139 7,638 7,638 8,173 8,173 8,173 8,173 8,173 8,173 8,173 8,173 8,173 8,173
'08 YR 85,666 91,661 91,661 98,078 98,078 98,078 98,078 98,078 98,078 98,078 98,078 98,078 98,078
IEUTENANT HR 47.363 50.679 50.679 54.227 54.227 54227 54.227 54.227 54.227 54.227 54.227 54.227 54.227
7045 MO 8,210 8,784 8,784 9,170 9,399 9,399 9,399 9,399 9,399 9,399 9,399 9,399 9,399
09 YR 98,515 105,412 105,412 110,040 112,791 112,791 112,791 112,791 112,791 112,791 112,791 112,791 112,791
OMMANDER HR 54.768 58.601 58.601 62.703 62.703 62.703 62.703 62.703 62.703 62.703 62.703 62.703 62.703
7018 MO 9,493 10,158 10,158 10,869 10,869 10,869 10,869 10,869 10,869 10,869 10,869 10,869 10,869
10 YR 113,917 121,891 121,891 130,423 130,423 130,423 130,423 130,423 130,423 130,423 130,423 130,423 130,423
OTES: MONTH & ANNUAL PAY RATES ARE APPROXIMATIONS DUE TO STATISTICAL ROUNDING.
olice Cadet 15.385 HOURLY 2,667 MONTHLY 32,001 YEARLY
HRD Compensation 1 of 4 Effective: December 7, 2008
City of Austin Police Pay Schedule FY 2009-10
40 Hour Week
GRADE A 8 c D E F G H I J K L M
PAYSTEP 10 20 30. 40 50 60 70 80 90 100 110 120 130
YEAR BASE 1 2 3 4 5 6 7 8 9 10 11 12
OFFICER HR 25.180 28.256 31.187 31.187 31.187 31.187 33.369 33.369 33.369 33.369 35.705 35.705 35.705
17050 MO 4,364 4,898 5,406 5,406 5,406 5,406 5,784 5,784 5,784 5,784 6,189 6,189 6,189
P02 YR 52,374 58,773 64,869 64,869 64,869 64,869 69,408 69,408 69,408 69,408 74,267 74,267 74,267
CORPORAUDETECTIVE HR 33.993 33.993 36.373 36.373, 36.373 36.373 38.919 38.919 38.919
17025 MO 5,892 5,892 6,305 6,305! 6,305 6,305 6,746 6,746 6,746
P07 YR 70,706 70,706 75,655 75,655 75,655 75,655 80,952 80,952 80,952
SERGEANT HR 39.646' 39.646 39.646 42.421 42.421 42.421
17070 MO 6,872 6,872 6,872 7,353 7,353 7,353
P08 YR 82,463 82,463 82,463 88,236 88,236 88,236
LIEUTENANT HR 45.593 48.784 48.784 48.784
17045 MO 7,903 8,456 8,456 8,456
P09 YR 94,833 101,471 101,471 101,471
COMMANDER HR 56.411 56.411
17018 MO 9,778 9,778
P10 YR 117,335 117,335
NOTES: MONTH & ANNUAL PAY RATES ARE APPROXIMATIONS DUE TO STATISTICAL ROUNDING.
Police Cadet 15.385 HOURLY 2,667 MONTHLY 32,001 YEARLY
GRADE N .. ·. 0 p .. Q R s. T u v w X. y z
PAYSTEP 140 150 . 160 170 180 190 200 210 220 230 240 250 260
YEAR 13 14 15 ·.·· 16 11 18 19 . 20 21 22 23 24 25
OFFICER HR 35.705 38.204 38.204 40.880 40.880 40.880 40.880 40.880 40.880 40.880 40.880 40.880 40.880
17050 MO 6,189 6,622 6,622 7,086 7,086 7,086 7,086 7,086 7,086 7,086 7,086 7,086 7,086
P02 YR 74,267 79,465 79,465 85,030 85,030 85,030 85,030 85,030 85,030 85,030 85,030 85,030 85,030
CORPORAUDETECTIVE HR 38.919 41.643 41.643 44.559 44.559 44.559 44.559 44.559 44.559 44.559 44.559 44.559 44.559
17025 MO 6,746 7,218 7,218 7,724 7,724 7,724 7,724 7,724 7,724 7,724 7,724 7,724 7,724
PO? YR 80,952 86,617 86,617 92,683 92,683 92,683 92,683 92,683 92,683 92,683 92,683 92,683 92,683
SERGEANT HR 42.421 45.390 45.390 48.568 48.568 48.568 48.568 48.568 48.568 48.568 48.568 48.568 48.568
17070 MO 7,353 7,868 7,868 8,418 8,418 8,418 8,418 8,418 8,418 8,418 8,418 8,418 8,418
P08 YR 88,236 94,411 94,411 101,021 101,021 101,021 101,021 101,021 101,021 101,021 101,021 101,021 101,021
i
LIEUTENANT HR 48.784 52.199 52.199 55.853 55.853 55.853 55.853 55.853 55.853 55.853 55.853 55.853 55.853
17045 MO 8,456 9,048 9,048 9,170 9,681 9,681 9,681 9,681 9,681 9,681 9,681 9,681 9,681
P09 YR 101,471 108,575 108,575 110,040 116,175 116,175 116,175 116,175 116,175 116,175 116,175 116,175 116,175
COMMANDER HR 56.411 60.359 60.359 64.584 64.584 64.584 64.584 64.584 64.584 64.584 64.584 64.584 64.584
17018 MO 9,778 10,462 10,462 11,195 11,195 11,195 11,195 11,195 11,195 11,195 11,195 11,195 11,195
P10 YR 117,335 125,547 125,547 134,336 134,336 134,336 134,336 134,3361 134,336 134,336 134,336 134,336 134,336
NOTES: MONTH & ANNUAL PAY RATES ARE APPROXIMATIONS DUE TO STATISTICAL ROUNDING. i
Police Cadet 15.385 HOURLY 2,667 iMONTHLY 32,001 YEARLY
Year 2:3.0% effective first pay period FY 2009-10, provided that if other City employees receive less than 2.5% in a base wage increase, the amount of increase for under the
M&C Agreement shall be reduced to 2.75%
HRD Compensation 2 of4
City of Austin Police Pay Schedule FY 2010-11
40 Hour Week
GRADE A 8 c D E F G H I J K L M
PAYSTEP 10 20 30 40 50 60 70 80 90 100 110 120 130
YEAR BASE 1 2 3 4 5 6 7 8 9 10 11 12
OFFICER HR 25.935 29.104 32.122 32.122 32.122 32.122 34.370 34.370 34.370 34.370 36.777 36.777 36.777
17050 MO 4,495 5,045 5,568 5,568 5,568 5,568 5,957 5,957 5,957 5,957 6,375 6,375 6,375
·-·
P02 YR 53,945 60,536 66,815 66,815 66,815 66,815 71,490 71,490 71,490 71,490 76,495 76,495 76,495
CORPORAUDETECTIVE HR 35.013 35.013 37.464 37.464 37.464 37.464 40.087 40.087 40.087
17025 MO 6,069 6,069 6,494 6,494 6,494 6,494 6,948 6,948 6,948
PO? YR 72,827 72,827 77,925 77,925 77,925 77,925 83,380 83,380 83,380
SERGEANT HR 40.835 40.835 40.835 43.694 43.694 43.694
17070 MO 7,078 7,078 7,078 7,574 7,574 7,574
P08 YR 84,937 84,937 84,937 90,883 90,883 90,883
LIEUTENANT HR 46.960 50.248 50.248 50.248
17045 MO 8,140 8,710 8,710 8,710
P09 YR 97,678 104,515 104,515 104,515
~OMMANDER HR 58.103 58.103
17018 MO 10,071 10,071
'10 YR 120,855 120,855
~OTES: MONTH & ANNUAL PAY RATES ARE APPROXIMATIONS DUE TO STATISTICAL ROUNDING.
'olice Cadet 15.385 HOURLY 2,667 MONTHLY 32,001 YEARLY
GRADE N 0 p Q R s T v w X y z
PAVSTEP
YEAR
140
13
.15(!
14
160
15
170
16
180
17
190
18
200
19
"'
210
~0
220
21
I 230
22
240
23
250
24
260
25
IFFICER HR 36.777 39.351 39.351 42.106 42.106 42.106 42.106 42.106 42.106 42.106 42.106 42.106 42.106
7050 MO 6,375 6,821 6,821 7,298 7,298 7,298 7,298 7,298 7,298 7,298 7,298 7,298 7,298
02 YR 76,495 81,849 81,849 87,581 87,581 87,581 87,581 87,581 87,581 87,581 87,581 87,581 87,581
ORPORAUDETECTIVE HR 40.087 42.892 42.892 45.896 45.896 45.896 45.896 45.896 45.896 45.896 45.896 45.896 45.896
7025 MO 6,948 7,435 7,435 7,955 7,955 7,955 7,955 7,955 7,955 7,955 7,955 7,955 7,955
J7 YR 83,380 89,216 89,216 95,463 95,463 95,463 95,463 95,463 95,463 95,463 95,463 95,463 95,463
:RGEANT HR 43.694 46.752 46.752 50.025 50.025 50.025 50.025 50.025 50.025 50.025 50.025 50.025 50.025
'070 MO 7,574 8,104 8,104 8,671 8,671 8,671 8,671 8,671 8,671 8,671 8,671 8,671 8,671
)8 YR 90,883 97,243 97,243 104,051 104,051 104,051 104,051 104,051 104,051 104,051 104,051 104,051 104,051
:UTENANT HR 50.248 53.765 53.765 57.529 57.529 57.529 57.529 57.529 57.529 57.529 57.529 57.529 57.529
045 MO 8,710 9,319 9,319 9,170 9,972 9,972 9,972 9,972 9,972 9,972 9,972 9,972 9,972
>9 YR 104,515 111,832 111,832 110,040 119,660 119,660 119,660 119,660 119,660 119,660 119,660 119,660 119,660
lMMANDER HR 58.103 62.170 62.170 66.522 66.522 66.522 66.522 66.522 66.522 66.522 66.522 66.522 66.522
)18 MO 10,071 10,776 10,776 11,530 11,530 11,530 11,530 11,530 11,530 11,530 11,530 11,530 11,530
0 YR 120,855 129,314 129,314 138,366 138,366 138,366 138,366 138,366 138,366 138,366 138,366 138,366 138,366
ITES: MONTH & ANNUAL PAY RATES ARE APPROXIMATIONS DUE TO STATISTICAL ROUNDING.
11ice Cadet 15.385 HOURLY I 2,667 MONTHLY 32,001 YEARLY
1r 3: 3.0% effective first pay period FY 2010-11
HRD Compensation 3 of4
City of Austin Police Pay Schedule- FY 2011-12
40 Hour Week
GRADE A B c D E F G H I J K L M
PAYSTEP 10 20 30 40 50 60 70 80 90 100 110 120 130
YEAR BASE 1 2 3 4 5 6 7 8 9 10 11 12
OFFICER HR 26.713 29.977 33.086 33.086 33.086 33.086 35.401 35.401 35.401 35.401 37880 37.880 37.880
17050 MO 4,630 5,196 5,735 5,735 5,735 5,735 6,136 6,136 6,136 6,136 6,566 6,566 i 6,566
P02 YR 55,563 62,352 68,819 68,819 68,819 68,819 73,635 73,635 73,635 73,635 78,790 78,790 i 78,790
i
CORPORAUDETECTIVE HR 36.063 36.063 38.588 38.588 38.588 38.588 41.289 41.289 ~ 41.289
17025 MO 6,251 6,251 6,689 6,689 6,689 6,689 7,157 7,157 7,157
PO? YR 75,011 75,011 80,263 80,263 80,263 80,263 85,882 85,882 85,882
SERGEANT HR 42.060 42.060 42.060 45.005 45.005/ 45.005
17070 MO 7,290 7,290 7,290 7,801 7,801/ 7,801
P08 YR 87,485 87,485 87,485 93,609 93,609 93,609
!
LIEUTENANT HR 48.369 51.755 51.755 51.755
17045 MO 8,384 8,971 8,971 8,971
P09 YR 100,608 107,650 107,65~07,650
-- --
COMMANDER HR 59.846 59.846
17018 MO 10,373 10,373
P10 YR 124,480 124,480
NOTES: MONTH &ANNUAL PAY RATES ARE APPROXIMATIONS DUE TO STATISTICAL ROUNDING.
Police Cadet 15.385 HOURLY 2,667 MONTHLY 32,001 YEARLY
GRADE N .0 p Q R s T u v w X y z
PAYSTEP 140 150 160 170 180 190 200 210 220 230 240 250 260
YEAR 13 14 15 16 17 18 19 20 21 22 23 24 25
OFFICER HR 37.880 40.531 40.531 43.369 43.369 43.369 43.369 43.369 43.369 43.369 43.369 43.369 43.369
17050 MO 6,566 7,025 7,025 7,517 7,517 7,517 7,517 7,517 7,517 7,517 7,517 7,517 7,517
P02 YR 78,790 84,305 84,305 90,208 90,208 90,208 90,208 90,208 90,208 90,208 90,208 90,208 90,208
CORPORAUDETECTIVE HR 41.289 44.179 44.179 47.273 47.273 47.273 47.273 47.273 47.273 47.273 47.273 47.273 47.273
17025 MO 7,157 7,658 7,658 8,194 8,194 8,194 8,194 8,194 8,194 8,194 8,194 8,1941 8,194
P07 YR 85,882 91,892 91,892 98,327 98,327 98,327 98,327 98,327 98,327 98,327 98,327 98,327 98,327
:
SERGEANT HR 45.005 48.154 48.154 51.525 51.525 51.525 51.525 51.525 51.525 51.525 51.525 51.525 51.525
17070 MO 7,801 8,347 8,347 8,931 8,931 8,931 8,931 8,931 8,931 8,931 8,931 8,931 8,931
P08 YR 93,609 100,161 100,161 107,173 107,173 107,173 107,173 107,173 107,173 107,173 107,173 107,173 107,173
LIEUTENANT HR 51.755 55.378 55.378 59.255 59.255 59.255 59.255 59.255 59.255 59.255 59.255 59.255j 59.255
17045 MO 8,971 9,599 9,599 9,170 10,271 10,271 10,271 10,271 10,271 10,271 10,271 10,271! 10,271
P09 YR 107,650 115,187 115,187 110,040 123,250 123,250 123,250 123,250 123,250 123,250 123,250 123,250/ 123,250
i
COMMANDER HR 59.846 64.035 64.035 68.518 68.518 68.518 68.518 68.518 68.518 68.518 68.518 68.518j 68.518
17018 MO 10,373 11,099 11,099 11,876 11,876 11,876 11,876 11,876 11,876 11,876 11,876 11,876 11,876
P10 YR 124,480 133,193 133,193 142,517 142,517 142,517 142,517 142,517 142,517 142,517 142,517 142,517i 142,517
NOTES: MONTH &ANNUAL PAY RATES ARE APPROXIMATIONS DUE TO STATISTICAL ROUNDING.
Police Cadet 15.385 HOURLY 2,667 MONTHLY 32,001 YEARLY i
Year 4: The City may elect to extend the Agreement for a 4th year, under the same terms and conditions, and if that option is excercised, the pay increase will be 3% effective the first pay period FY
2011-012.
HRD Compensation 4 of4