HomeMy WebLinkAboutRES 042616-G - PBAG Meet & ConferRESOLUTION NO. @-w6-G
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, GRANTING RECOGNITION OF THE
POLICE BENEVOLENT ASSOCIATION OF GEORGETOWN
(PBAG) AS THE SOLE AND EXCLUSIVE BARGAINING AGENT
PURSUANT TO SECTION 142.053 OF THE TEXAS LOCAL
GOVERNMENT CODE.
WHEREAS, on June 3, 2015, the City Secretary received a valid signed petition requesting the
Police Benevolent Association of Georgetown be recognized as the sole and exclusive bargaining
agent for the Meet and Confer issues.
WHEREAS, on June 23, 2015, the City Council ordered a certification election in accordance with
Section 142.054 of the Texas Local Government Code; and
WHEREAS, the certification election was conducted on April 14 and 15, 2016 in accordance with
the Certification Election Agreement, attached as Exhibit A; and
WHEREAS, the Election Supervisor certified the final vote tally, attached as Exhibit B, certifying that
a majority of all police officers, excluding the head of the Police Department and exempt employees,
selected the Police Benevolent Association of Georgetown (PBAG) as their representative.
NOW, THEREFORE, BE IT RESOLVED:
SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as is copied verbatim.
SECTION TWO. The City Council hereby recognizes the Police Benevolent Association of
Georgetown (PBAG) as the sole and exclusive bargaining agent pursuant to Section 142.053 of the
Texas Local Government. Code.
SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the City Secretary to
attest.
SECTION FOUR. This Resolution shall become effective upon its adoption.
PASSED AND APPROVED on the D(, day of N\0 R1 �- , 2016.
ATTEST:
J
Shelley Now i City Secretary
APPRO S TO F RM
Charlie McNabb, City Attorney
Resolution No. (.)L� DU ko"�
Meet and Confer 11
Date Approved 41 �(0 6 Oi p
CITY OF GEORGETOWN, TEXAS
Dale Ross, Mayor
Certification Election Agreement
1. Parties. The parties to this Certification Election Agreement are:
a. The Georgetown Police Officers Association (GPOA)
b. The Police Benevolent Association of Georgetown (PBAG)
c. The City of Georgetown, Texas (City)
2. Ordered Certification Election. On June 23, 2015 the City ordered a Certification as
prescribed in §142.054, Texas Local Government Code to determine which police
officers association represents a majority of the covered officers.
3. Secret Ballot. In order to conduct a Certification Election, the parties hereby agree to
a secret ballot election pursuant to §142.054, Texas Local Government Code, to be
conducted by the City Secretary and/or her designees as Elections Supervisor(s).
Elections Supervisor(s) shall conduct the Election and immediately upon the closing of
the polls count the ballots of the Election to determine whether a police officer
association represents a majority of the covered police officers. A representative of
each of the three Parties will serve as designated Election Observers. Rey Rodriguez,
President of GPOA; Wyatt Raley, President of PBAG; and Tadd Phillips, Human
Resources Director for the City, shall serve as the designated Election Observers.
Election Observers may designate a stand-in in their absence, and should notify such
designation to the Election Supervisor. Election Observers may observe the Election
Supervisor(s) as she/they count(s) ballots and certifies results. The Election
Supervisor will certify the election results and the Election Observers will attest to the
certified results. The Election Supervisor will reserve the right to rule on any election
irregularities.
4. Costs of Election. The PBAG shall bear all cost of the Certification Election pursuant
to §142.054, Texas Local Government Code. Specifically, PBAG shall bear the costs
of ballots, official notices, related election supplies, and a $12/hour fee for the time of
the Election Supervisor and her designees while administering the election. Campaign
costs such as letters or circulars to employees, any other campaign materials or
persuasive activity costs, and costs of any employee serving as Election Observers
shall be borne by the individual party incurring that expense.
5. Solicitation. The City of Georgetown's Solicitation and Distribution Policy (Personnel
Policies No. 424) is to be strictly followed. No campaigning of any type shall be
permitted inside City owned buildings at any time. No campaigning of any type shall
be rendered through the use of City resources such as email, MDT communications,
radio, etc.
6. Eligible Voters. Employees eligible to vote are those described under VOTING UNIT
in the Notice of Election, including employees who did not work during the designated
payroll period because they were on approved leave. Employees who have resigned,
been served with an order for dismissal, or been discharged since the designated
payroll period, and who have not been rehired or reinstated prior to the date of this
election, are not eligible to vote. The City and representatives of the GPOA and PBAG
will review a list of all eligible voters immediately prior to the Election. This list shall be
reviewed by all parties and shall be used by the Election Supervisor(s) to identify
qualified voters and to resolve challenges, if any.
7. Method of Voting. Each vote must be cast in person, by that person, at the polling
place during the times prescribed in the Notice of Election. Any member of the voting
unit who will be out of town and/or unable to get to the polling place for the duration of
the times prescribed in the Notice of Election must make an early voting request to the
Election Supervisor no later 5:00pm, Monday, April 11, 2016. The Election Supervisor
will only approve early voting for truly extenuating circumstances such as pre -
approved and documented out-of-town vacation or training for duration of voting
period, or documented illness or injury to self or immediate family member for duration
of voting period. On Monday, April 11, the Election Supervisor will request from the
Chief of Police a list of all employees with pre -approved out-of-town vacation or
training for April 141h and 15th. Early voting will not be granted to employees with
scheduled days off or scheduling conflicts not specified above as extenuating
circumstances. Early voting arrangement will be made by the Election Supervisor.
Upon arrival at the voting place, voters should proceed to the Election Supervisor or
her designee, and identify themselves by stating their name. In order to vote,
employees must present official GPD "GOVT ISSUE" police photo identification to the
Election Supervisor to establish identity, and sign the "List of Eligible Police Officers".
The election Supervisor will hand a ballot and envelope to each eligible voter. Voters
will mark their ballots in secret, place ballot in the envelope, seal it, fold envelope and
place the ballot sealed envelope in the ballot box under the supervision of the Election
Supervisors. Ballots not placed in envelopes or upon which the voter did not follow
instructions will not be counted.
8. Wording on Ballot.
CITY OF GEORGETOWN
OFFICIAL SECRET BALLOT
For the purpose of determining majority status under
§142.054 of the Texas Local Government Code,
commonly referred to as Meet and Confer,
I hereby select one of the following options provided
to me to determine which association would
be the bargaining agent for all affected police officers:
SELECT ONLY ONE of the following options:
Georgetown Police Officers Association
Police Benevolent Association of Georgetown
9. Election Notice. Notice of the Election with a description of voter eligibility, date,
time, and location of the Election shall be agreed upon by the parties and posted in the
Police Department, hand delivered to departmental mail boxes, and emailed by, on, or
before 5:00pm Friday, April 8, 2016 by the Election Supervisor.
10. Payroll Period for Eligibility. —The Period ending March 27, 2016.
11. Date, Hours, and Places of Election:
Georgetown Public Library Classroom, 402 West 8th Street
Thursday, April 14, 2016
5:00am—11:00am
And
Friday, April 15, 2016
2:00pm — 8:00pm
12. Election Day Protocol. The Election Supervisor, or designee, shall be responsible
for administrating Election Day protocol and shall have the authority to enforce all
regulations necessary to maintain the integrity of the voting process, including but not
limited to, regulation of the Election Observer activities, distance between voters
necessary to preserve the secret ballot, and restriction on loitering near the place of
election. Any interference with the Election Supervisor's administration of Election
Day protocol shall be considered an election irregularity.
13. The Appropriate bargaining unit:
a. Included — All police officers employed by the City of Georgetown
b. Excluded —
§142.058(b)
Police.
Dated this the
The Georgetown Police Chief and the employee(s) exempt under
of the Texas Local Government Code, the Assistant Chief of
day of _ D t ! 2016.
Georgetown Police Officers Association
J f,
Rey Rodriguez, President (or designee)
Police Benevolent Association of Georgetown
B I "`
Y•
Wyatt Ra y, President (or designee)
City of Georgetown, Texas
David Morgan, City Manager (or designee)
Certificate of Final Vote 'Tally
City of Georgetown Police Certification Election
April 14 and April 15, 2016
Ballot Results:
Georgetown Police Officers Association
Police Benevolent Association of Georgetown
l�
The above results have been counted and confirmed by Shelley Nowling, City Secretary.
Shelley No n City Secretary
Date:
The undersigned do hereby certify that the final votes indicated above are true and correct and
correspond with the election results provided by the Election Administrator, Shelley Nowling, City
Secretary.
uez, P esident of the Georgetown Police Officers Association (GPOA)
Date:()q /
1
ley, P esident of the Police Benevolent Association of Georgetown
Date: 111r1-16
22EI
Tadd Phillips, Humantes ces rector for the City of Georgetown
Date: Li I S I L