HomeMy WebLinkAboutRES 080916-H - Confer Agmt PBA of GTownRESOLUTION NO. 0101 � 6-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, RATIFYING A MEET AND CONFER
AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION
OF GEORGETOWN PURSUANT TO SECTION 142.064 OF THE
TEXAS LOCAL GOVERNMENT CODE.
WHEREAS, the City of Georgetown recognizes and respects the invaluable public safety service
that the employees of the Police Department provide for the citizens of Georgetown.
WHEREAS, an open dialogue regarding Police Department concerns contribute to the continued
success of the department; and
WHEREAS, the City of Georgetown desires to facilitate strong relationships with its employees
toward the common goal of providing superior public safety for our citizens; and
WHEREAS, the City of Georgetown and the Police Benevolent Association of Georgetown have
created an agreement that is beneficial to both parties.
NOW, THEREFORE, BE IT RESOLVED:
SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as is copied verbatim.
SECTION TWO. The City Council hereby ratifies a Meet and Confer Agreement with the Police
Benevolent Association of Georgetown pursuantto Section 142.064 of the Texas Local Government
Code.
SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the City Secretary to
attest.
SECTION FOUR. This Resolution shall become effective on October 1, 2016.
PASSED AND APPROVED on the —9— day of Nk&LIST , 2016.
ATTEST: CITY OF GEORG TOWN, TEXAS
c� ba—tA
Shelley Novel g, City ecretary Dale Ross, Mayor
APPROV5D AS TO FORM
IcWarlie McNab ,City Attorney
Resolution No. 066001 (P—
Meet and Confer
Date Approved $q OI
Meet and Confer Agreement Between
The City of Georgetown
and
The Police Benevolent Association of
Georgetown
October 1, 2016 through September 30, 2019
TABLE OF CONTENTS
DEFINITIONS..
ARTICLE 1 RECOGNITION ...................
2
3
ARTICLE 2 REPRESENTATION ON THE LEADERSHIP TEAM...................................................4
ARTICLE 3 HIRING PROCESS.............................................................................................................. 5
ARTICLE 4 COMPENSATION...............................................................................................................7
ARTICLE 5 CERTIFICATION/EDUCATION PAY...........................................................................10
ARTICLE 6 REPRESENTATION ON BENEFITS COMMITTEE...................................................11
ARTICLE 7 ASSOCIATION ACCESS TO NEW HIRES...................................................................12
ARTICLE 8 BULLETIN BOARDS
ARTICLE 9 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE .......... 14
ARTICLE 10 TERM OF AGREEMENT...............................................................................................18
ARTICLE 11 SAVINGS CLAUSE, PREEMPTION PROVISION,
AND COMPLETE AGREEMENT CLAUSE........................................................................................19
SIGNATURES AND EXECUTION PAGE......................................................................20
APPENDIXA STEP PLAN.........................................................................................21
APPENDIX B CERTIFCATION/EDUCATION PAY..........................................................................22
APPENDIX C PANEL OF ARBITRATORS.........................................................................................23
APPENDIX D POLICY 105 STANDING COMMITTEES..................................................................24
1
1. "Agreement" means the Meet and Confer Agreement entered between the Police
Benevolent Association of Georgetown and the City of Georgetown.
2. "Association" means the Police Benevolent Association of Georgetown, its elected leaders
and its collective membership.
"City" means the City of Georgetown, its mayor, city council members, city manager,
police chief and those persons designated by the City of Georgetown to manage the city
and its police department.
4. "Commission" means the City of Georgetown Police Officers' and Police Officers' Civil
Service Commission.
5. The term "Department" means the Georgetown Police Department.
6. The term "Department head" means the Chief of the Georgetown Police Department,
designee, or an acting Chief of the Georgetown Police Department.
"Labor/Management Pay Subcommittee" refers to the committee that will be formed to
discuss any. possible market adjustments and the implementation method that will be
conveyed to City Management. This subcommittee will consist of City staff directly or
indirectly involved with the market study as well as representatives from the Police
Benevolent Association of Georgetown.
8. "Leadership Team" refers to the Leadership Team specified in Police Department Policy
105 Standing Committees
"Parties" means the City of Georgetown and the Police Benevolent Association of
Georgetown.
10. The term "Police Officer" means a member of the Georgetown Police Department serving
in substantial compliance with Chapter 143 of the Texas Local Government Code who is
entitled to civil service status under section 143.005 of the Texas Local Government Code.
2
ARTICLE 1
RECOGNITION
The CITY OF GEORGETOWN recognizes the POLICE BENEVOLENT ASSOCIATION OF
GEORGETOWN as the sole and exclusive bargaining agent for the covered Police Officers
described in the petition for recognition, excluding the head of the Police Department and Assistant
Police Chief(s).
ARTICLE 2
REPRESENTATION ON THE LEADERSHIP TEAM
The Association President shall be provided a position on the Leadership Team and the President
will also have the authority to appoint one (1) additional member of the department to the team.
Both the President and the appointee shall be fully participating members of the Leadership
Team and perform the same duties as all other members.
The Department Head shall reserve the right to rescind this representation at any time. However,
representation will not be affected regarding Article 3 (Hiring Process) of this agreement.
ARTICLE 3
HIRING PROCESS
Section 1. Hiring Process
The Parties agree that the Department head possesses the discretion and authority to establish entry
level selection procedures which need not be the same as those established by Chapter 143 and the
Department head possesses authority under this article to entirely or partially supplant, delete,
supplement or modify sections 143.021(c), 143.022, 143.023, 143.024, 143.025, 143.026, and
143.041 of the hiring process subject to the following conditions:
The Leadership Team shall be tasked with developing an alternative hiring process to be
submitted to the Department Head for approval. If not approved, the Department Head
shall communicate their concerns and the Leadership Team shall address those concerns
and resubmit the proposed hiring procedure.
o For the exclusive purposes of this article, Policy 105 Standing Committees, shall
remain consistent with the policy reflected in Appendix "D", with the exception
that civilian members of the Leadership Team shall not be entitled to vote on items
specifically related to the Hiring Process outlined within this article. This shall also
be the version of the SOP utilized for the duration of this agreement.
• Should the Department Head eliminate the Leadership Team, modify Policy 105 Standing
Committees, or alter the scope of the Leadership team, the version of Policy 105 Standing
Committees in effect on the date of ratification shall be used for the exclusive purposes of
developing an alternative hiring process as outlined herein.
• In the event that the Department Head and the Leadership Team reach an impasse on
alternative hiring procedures, the hiring process outlined within Texas Local Government
Code 143 shall be re-enacted.
• In the event the Department Head rescinds the Association's general representation on the
Leadership Team as outlined in Article 2, the Association President plus his or her
appointee shall be added to the Leadership Team for the exclusive purposes of this Article.
• In the event the revised hiring procedure is implemented and used during the term of this
Agreement, further revisions may be made by the Leadership Team at the request of the
Department Head.
The Parties agree that the City retains responsibility for the hiring process and any liability for the
hiring process.
Section 3. Effect of Contract Expiration
The provisions of this Article shall remain in full force and effect after expiration of this Agreement
as to any hiring process which has been commenced, as determined by the Department Head, in
substantial reliance upon the provisions of this Article. Any pool of eligible candidates created
under the terms of this Article will remain in effect for twelve (12) months from the date of
creation, notwithstanding the expiration of this Agreement, unless exhausted prior to the expiration
of twelve (12) months or unless the duration of the list is set for six (6) months.
Section 4. Statutory Override
This Article supplants sections 143.021(c), 143.022, 143.023, 143.024, 143.025, 143.026, and
143.041 of the Texas Local Government Code. This Article further preempts, to the extent of any
conflict, all other contrary state statutes, local ordinances, executive orders, civil service
provisions, or rules adopted by the Department head or head of the City or by a division or agent
of the City, such as the commission.
ARTICLE 4
COMPENSATION
Section 1. Base Pay Philosophy
The City recognizes that the recruitment and retention of highly capable and professional Police
Officers is essential to the success of the Georgetown Police Department. As such, it is the desire
of the City to maintain a pay philosophy that considers the average pay for Police Officers as
reflected in Section 3(a). The parties recognize financial limitations may face the City in
challenging economic periods. Section 3(c) of this Article reflect the Parties' intent to address the
current economic period and are not intended to serve as precedent in future agreements.
Section 2. Comparator Cities
Austin, Cedar Park, Leander, New Braunfels, Pflugerville, Round Rock, San Marcos, and
Williamson County shall continue to be used as comparator cities for the salary survey to be
conducted each year of this agreement. City staff will survey salary competitiveness in the first
quarter of each calendar year. The results of each survey will be reviewed with the
Labor/Management Pay Subcommittee. Based on the survey information of the comparator cities,
the average of base pay for minimums for each rank shall be calculated and proposed for approval
as a part of the budget process.
Section 3. Compensation Proposal Calculation
(a) Compensation for the ranks of Police Officer, Sergeant, Lieutenant, and Captain shall be
proposed on the basis of the following calculations.
(b) Fiscal Year 16/17 - The City and Association recognize that attaining market
competitiveness will be costly to the City and may not be affordable if implemented in a single
year. During this first year of the Agreement the City will recommend the step plan and
implementation outlined in Appendix "A". The implementation of this updated step plan is
recommended to occur in two phases:
• Phase one will occur in the first full pay period in October of 2016 and consist of bringing
all ranks and steps into the new market competitive structure outlined in Appendix "A".
At time of implementation, individuals will convert to the step in Appendix "A" nearest
their then -current step resulting in a pay change of approximately 1% or greater. With the
exception of individuals hired within the 2016 calendar year, these Officers will not be
eligible for an increase during phase one of the implementation process and will remain at
their current rate of pay until their one year anniversary date.
7
• Phase two will consist of step increases upon employee hire/promotion anniversary date
during the course of the fiscal year. However, 13 Police Officers and 3 Sergeants that
have been in the top step of the pay plan that was previously in effect since October of
2015 will receive a new step increase effective October 24, 2016. This date will also
become the basis for the affected employee's new step date moving forward until
promoted or other influencing factors occur.
The pay plan recommended for implementation in October of 2016 will generally reflect the
methodology agreed to by the City and the Association, specifically:
• To allow overlap between ranks;
• To increase pay acceleration at early steps within the Police Officer rank;
• Individuals stepping up to a higher class role as defined by departmental policy will be
placed in the higher class rank at the nearest step that results in at least a five percent
(5%) increase in base salary from the individual's rank to the higher class rank for that
duration; and
• Individuals that are promoted will be placed in the new rank at the nearest step that
results in at least a five percent (5%) increase in base salary.
(c) Future fiscal years - In future years, FY 17/18 and beyond, the City commits to, at a
minimum, proposing Sixty percent (60%) of the market gap using the following methodology:
The recommended base pay scale shall continue to be calculated by the salary survey conducted
in the first quarter of each calendar year of the Agreement, utilizing the average minimum base
salary for each rank of the eight (8) comparator organizations as specified in this Agreement. The
recommendation will propose that the minimum base pay for each rank will receive an increase
(should an increase be required) to match the survey average for base pay minimums.
City staff shall prepare a report to the City Manager to be forwarded to the City Council at the time
the proposed budget is submitted to the City Council that will show the cost of implementing the
pay increase as calculated above.
Recommendations will include implementation during the first full pay period in October, unless
otherwise determined by both parties through the Labor/Management Pay Subcommittee
discussions.
Section 4. Override
This Article supplants 143.041(b) and 143.038 of the Texas Local Government Code.
Section 5. Funding Obligations
Depending upon the financial forecasts, the City may implement the compensation
recommendations in Section 3 between the first pay period of the fiscal year and the first pay
period of July of each fiscal year. The City presently intends to continue this Agreement each
fiscal year through its term, to pay all payments due, and to fully and promptly perform the
obligations of the City under this Agreement.
All obligations of the City shall be paid only out of current ongoing revenues or any other funds
lawfully available for those obligations, including tax revenues reasonably anticipated at equal or
higher total gross amounts as were collected in each preceding fiscal year respective to each year
of the Agreement, and appropriated for such purpose by the City Council, in compliance with the
Texas Constitution, Article XI, Sections 5 and 7.
Following the adoption of the annual budget that may establish a pay increase, should the City
Council find it fiscally necessary to reduce base pay for non -civil service City employees, or
implement other cost saving measures such as mandatory furloughs or a reduction -in -force, the
increases recommended under this Article may be reduced accordingly.
If at any time during the term of this Agreement, or any extension thereof, the electorate of the
City subjects the Government of the City to a rollback election; and, as a result of such rollback
election, the City suffers a reduction in revenues due to a reduction in the tax rate, the Association
agrees to reopen the salary and other compensation provisions of this Agreement for the purpose
of renegotiating the same. If sixty (60) calendar days after these negotiations begin, no agreement
has been reached; this Agreement shall terminate and be null and void in its entirety.
0
ARTICLE 5
CERTIFICATION/EDUCATION PAY
Section 1. Certification/Education Pay
The parties agree that certification and education incentives help in attracting and retaining
highly capable and professional Police Officers. It is also understood that in order to promote to
higher ranks within the Department, college hours or a degree may be required.
As such, the Certification/Education Pay plan outlined in Appendix `B", reflecting monthly
incentive amounts, shall become effective October 10, 2016.
Individuals shall not be eligible to obtain incentive pay for both certification and education.
Should an individual submit proof of eligibility for both certification and education, the greater
incentive amount of the two shall apply.
Individuals interested in applying for Certification/Education Pay must follow the guidelines set
forth in Police Department Policy. Monthly incentives shall be divided and distributed bi-
weekly.
Section 2. Statutory Override
This Article supplants section 143.044 of the Texas Local Government Code. This Article further
preempts, to the extent of any conflict, all other contrary state statutes, local ordinances, executive
orders, civil service provisions, or rules adopted by the Department head or head of the City or by
a division or agent of the City, such as the commission.
10
ARTICLE 6
REPRESENTATION ON BENEFITS COMMITTEE
The Association may appoint one (1) member to the City's Benefits Committee. That appointee
shall be a fully participating member of the Committee and perform the same duties as all other
members of the Committee.
I1
ARTICLE 7
ASSOCIATION ACCESS TO NEW HIRES
The Association shall have the exclusive right to be permitted to meet with new officers during
the employee orientation only to ensure they have received a copy of the agreement and to be
able to explain and answer questions about the agreement.
12
ARTICLE 8
BULLETIN BOARDS
Section 1. Bulletin Board Space
The Association shall be permitted to maintain, at the Public Safety Building, one (1) bulletin
board to be used exclusively for Association business. These bulletin boards shall be allowed by
the City, shall be consistent with the decor of the building, and located in suitable locations easily
accessible to the employees for the purpose of posting notices of interest to members of the
Association.
Section 2. Maintenance of Posted Materials
The Association shall be responsible for maintaining all posted materials and shall ensure that all
posted materials are compliant with any and all city policies relating to public postings. The City
shall have the authority to remove any posted materials that are non-compliant with said policies.
13
ARTICLE 9
CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE
Section 1. Scope of Procedure
The City and Association recognize that from time to time disagreements between the Parties may
arise as to the application or interpretation of this Agreement. The Parties therefore agree that the
purpose of this dispute resolution procedure is to provide a just and equitable method for resolving
disagreements between the Parties regarding the application or interpretation of the provisions of
this Agreement. Only matters involving the interpretation, application, or alleged violations of a
specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution
procedure. Any matters for which the right of appeal or review is afforded by Chapter 143 of the
Texas Local Government Code are excluded from the scope of this article.
Section 2. Application of Procedure
If the Association has a dispute with the City regarding this Agreement, the Association Executive
Board, or Association's President's designee, should reduce the dispute to writing and deliver it to
the City's designated representative, who shall be its Department head or designee.
A Police Officer may not file a request for contract dispute resolution directly with the City; all
resolution requests must be approved and come from the Association Executive Board.
Each dispute shall be submitted in writing, and must include, at minimum, the following
information:
1. a brief statement of the dispute and the facts or events on which it is based;
2. the sections(s) of the Agreement alleged to have been violated;
3. the remedy or adjustment sought; and
4. the bargaining unit member's signature or, if filed by the Association Executive Board, the
signature of the Association President or designee.
Any claim or dispute by a Police Officer or group of Police Officers under this Agreement which
includes a claim for pay or benefits for any past pay periods must be filed by the employee with
the Association Executive Board within fifteen (15) business days of the date when the employee
knew or reasonably should have known of the claim. Disputes by the Association Executive Board,
or Police Officer shall proceed along the following steps:
Step 1. An aggrieved Police Officer must initiate a dispute with the Association Executive Board
within fifteen (15) business days of the date upon which the Police Officer knew of or should have
known of the facts giving rise to the dispute. A copy of notice or receipt of the dispute shall be
forwarded to the Department head by the Association Executive Committee within three (3)
business days of the receipt of the dispute. The Association Executive Board shall within their sole
discretion determine if a dispute exists within fifteen (15) business days of receipt of the dispute.
14
If the Association determines that no dispute exists, the grievance will be deemed denied and it
shall notify the Department head in writing that no further proceedings will be necessary. If the
Association Executive Board determines that the dispute is valid, it will notify the Department
head of such and forward a copy of the grievance to the Department head within fifteen (15)
business days after determination.
Step 2. Any dispute found to be valid by the Association Executive Board shall be submitted to
the Department head within fifteen (15) business days of the Step 1 decision. After receipt of the
dispute, the Department head shall within fifteen (15) business days submit his/her response in
writing to the Association Executive Board. If there is no timely reply from the Department head
the grievance is deemed denied and will proceed to the next step as indicated.
Step 3. If the dispute is not resolved in Step 2, the Association Executive Board may advance the
dispute in writing to the City Manager or designee within fifteen (15) business days from receipt
of the Step 2 decision of the Department head. The City Manager or designated representative
shall review the matter and render a decision in writing to the Association Executive Board within
fifteen (15) business days of the receipt of the dispute in Step 3. The City Manager or designee
may, at his/her discretion, conduct a conference to further explore the merits of the dispute and to
explore resolution options.
Step 4. If the dispute is not resolved in either Step 2 or Step 3, either Party shall have the right to
seek mediation of the dispute by requesting same in writing within fifteen (15) business days from
the Department head's response or the City Manager's response. The mediation will proceed
before either a mediator with the Federal Mediation and Conciliation Service or before a mutually
agreed mediator. The mediation shall be held in available facilities of the City of Georgetown.
Step 5. If the dispute is not resolved at Step 4, the Association Executive Board shall have fifteen
(15) business days from the date of mediation to determine whether it will pursue the dispute under
this article through arbitration. Under this step, the Association Executive Board must deliver a
letter indicating its election to proceed to arbitration to the Department head and City Manager.
Section 3. Arbitration Option
The Parties have agreed that all disputes under this Agreement, which concern the application and
interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties
exclude from this Agreement disputes involving statutory application and interpretation for rights
and claims not arising under sections 142 or 143 of the Texas Local Government Code. The terms
of the Agreement, and any factual issues which are determinative in applying the Agreement, shall
be the sole province of the designated arbitrator, and his or her decision shall be final. However,
the City will only agree to arbitration on the condition that legal issues which are determinative in
any contract dispute are subject to judicial review. This additional exception to the Parties'
arbitration Agreement is a narrow one, as reflected by the bargaining history. This contract
represents an agreement to submit disputes to arbitration within its scope, and otherwise preserves
the existing jurisdiction of Texas Courts over any contract rights and claims not exclusively
15
committed to arbitration. The Parties have agreed that questions of law, which involve either the
interpretation and application of state statutes or the application of legal principles from Texas
appellate court opinions (or the failure to properly apply such legal principles or opinions) to
controversies under this article shall be submitted initially to arbitration, but that either party shall
have a limited right of appeal from an arbitration award in the Courts solely for the purpose of
reviewing disputed issues of law. No such appeal from arbitration shall include review of any
factual determinations by the arbitrator, including credibility of witnesses or weight of the
evidence. If an appeal from arbitration based on erroneous application of the law is not successful,
the appealing Party shall bear all costs of such appeal.
If a dispute is submitted to arbitration, within seven (7) business days, the Department head and/or
City and the Association may mutually agree on the selection of an arbitrator or if unable within
30 days, select an arbitrator by alternately striking names from the Parties' pre -determined panel
of six (6) qualified neutral arbitrators. The process will be as follows: the Association shall strike
the first name under this article with the first dispute brought under this article. Thereafter, the first
strike shall alternate between the Parties. The panel list is attached as Appendix "C" to this
Agreement. Should any panel member subsequently refuse or be unable to continue to serve on
the panel, the Parties may mutually agree to his replacement. The remaining members of the panel
will continue to serve for the duration of the Agreement. The arbitration should be held at the
earliest available date, but may be continued for good cause shown or upon mutual agreement.
Upon written request delivered at least fourteen (14) calendar days prior to the date of the hearing,
a party to the proceeding shall provide, no later than seven (7) days prior to the hearing, to the
opposing party the names and addresses of witnesses expected to be called at the hearing. In the
absence of good or excusable cause, the arbitrator may exclude the testimony of a witness upon
the failure of a party to disclose such a witness. The parties, in writing, may request discovery
from each other concerning the grievance. Should the opposing party not agree to provide the
requested information within seven (7) calendar days of the request; the request shall be deemed
denied. The requesting party may then apply to the arbitrator, who shall order such discovery
consistent with, but not bound by, the rules of discovery in Texas civil cases. In considering the
application, the arbitrator shall consider the burden and expense of producing the information, the
need of the requesting party, the amount of time available prior to the hearing, and such other
matters as he may deem material. In no event shall discovery be requested within thirty-five (35)
calendar days prior to the hearing, unless agreed by the parties.
The hearing shall be held in available facilities of the City of Georgetown and shall be conducted
informally, without strict evidentiary or procedural rules. The -conduct of the hearing shall be
governed by the standard rules of the American Arbitration Association. The arbitrator shall
consider and decide only the issue(s) in the dispute statement or submitted in writing by agreement
of the Parties. The hearing shall be concluded as expeditiously as possible and the arbitrator's
written decision shall be based on a preponderance of evidence within thirty (30) days after close
of the hearing, or after receipt of post -hearing briefs if applicable.
Section 4. Decision Final and Binding
16
If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly
limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall
not have authority to modify the Agreement or create additional provisions not included in the
Agreement. The Parties agree that neither the City nor the Association shall have ex parte
communications with the arbitrator concerning any matter involved in the dispute submitted to the
arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing
itself at arbitration, but the fees and expenses of the arbitrator shall be borne equally by the Parties.
The written decision of the arbitrator shall be final and binding on both Parties and may not be
appealed by either Party, except for any decision procured by fraud or collusion, or which exceeds
the arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are
clearly contrary to existing law.
Section 5. Mutual Extension
All deadlines within this article may be extended by mutual agreement by the Parties.
Section 6. Grievances of Non -Association Members
Grievances of Non -Association members must follow the same procedure outlined by this article.
However, should the grievance of a Non -Association member require that Association resources
be used, the Non -Association member will be required to pay all expenses incurred while pursuing
final disposition of their grievance. These shall include cost for payment of Arbitrator fees, counsel
fees and any other fees directly related to the grievance. All disciplinary appeals shall follow the
procedure as outlined in chapter 143 of the Local Government Code.
17
ARTICLE 10
TERM OF AGREEMENT
This Agreement shall have an effective date of October 1, 2016, and shall remain in full force and
effect through. September 30, 2019. This agreement may be extended by written mutual
agreement.
18
ARTICLE 11
SAVINGS CLAUSE, PREEMPTION PROVISION,
AND COMPLETE AGREEMENT CLAUSE
Section 1. Savings Clause
If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such
invalidity shall not affect any other provision of this Agreement, which shall continue to be in full
force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible
to agree on a substitute provision. However, if the Parties are unable to agree within thirty (30)
days following commencement of the initial meeting, then the matter shall be postponed until Meet
and Confer negotiations are resumed. This deadline may be extended by mutual agreement by the
Parties. To this end, the provisions of this Agreement are severable. This Agreement may be
amended by written mutual agreement.
Section 2. Preemption Provision
The provisions of this Agreement shall supercede the provisions of any statute, Executive Order,
local ordinance, or rule, which are in conflict herewith, including for example and not by way of
limitation, the contrary provisions of Chapter 143; Ordinances of the City of Georgetown, Texas;
and Rules and Regulations of the Firefighters' and Police Officers' Civil Service Commission for
the City of Georgetown, Texas. This preemption provision is authorized by section 142.067 of the
Texas Local Government Code, and the Parties have expressly agreed that each and every
provision involving or creating such a conflict shall have the effect of superceding the statutory
standard or result which would otherwise obtain, in the absence of this Agreement. This provision
is of the essence to the bargain and Agreement, which has been reached.
Section 3. Complete Agreement Clause
The Parties agree that each has had full and unrestricted right and opportunity to make, advance
and discuss all matters properly within the meet and confer process. This Agreement constitutes
the full and complete Agreement of the Parties and there are no others, oral or written, except as
specified in this Agreement.
19
SIGNATURES AND EXECUTION PAGE
THE FOREGOING INSTRUMENT HAS BEEN DULY NEGOTIATED, REVIEWED,
AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW:
M
THE CITY OF GEORGETOWN, TEXAS I�
(Approved by Georgetown City Council on of ri, 2016)
DAVID MORGAN
CITY MANAGER
By: 1p
SHELLEY,N VLING
CITY SEC RY
M
WAYNE NERO
POLICE CHIEF
By:
CHARLIE MCNABB
CITY ATTORNEY
Dated:
Dated:
Dated: - C) 0 1 (0
THE POLICE BENEVOLENT ASSOCIATION OF GEORGETOWN
(Ratified by PBAG Membership on of 2016)
By: Dated:
WYATT RALEY
PRESIDENT
POLICE BENEVOLENT ASSOCIATION
OF GEORGETOWN
By: Dated:
SHANNON HALL
SECRETARY
POLICE BENEVOLENT ASSOCIATION
OF GEORGETOWN
nil
F.Mo . I TIM
21
APPENDIX B
CERTIFCATION/EDUCATION PAY
Education
Georgetown
New
Associates
$
100
Bachelors
$
200
Masters
Peace Officer Certification
Intermediate
$
$
250
$
Masters
$
�150Advanced
22
Norman Bennett
Donald Goodman
John Barnard
Mark Sherman
John Allman
Louis Berman Wolitz
APPENDIX C
PANEL OF ARBITRATORS
23
APPENDIX D
POLICY 105 STANDING COMMITTEES
e�y
GEORGETOWN POT.TCF, DEPARTMENT
�xx POLICY MANUAL,
105 STANDING C®NUMI'I I'EES
105.1 PURPOSE AND SCOPE
The policy sets forth the established standing committees of the Department.
105.2 STANDING COMMITTEES
The following standing committees exist within the Department:
1) Leadership Team
105.3 LEADERSHIP TEAM
The Georgetown Police Department Leadership Team has been established by the Chief of Police
as a leadership development tool. The purpose of the team is to act as an advisory group to the
Chief of Police and to assist with decision-making on various issues affecting policy, procedure,
Internal processes, problem -solving, and working condition Issues. The Leadership Team
operates Independently of the chain -of -command and with the authority of the Chief of Police.
VISION:
The Leadership Team is a unique leadership development opportunity dedicated to pursuing the
organizational vision statement by means of actionable work product developed through
empowerment, collaboration, and valuing input from across the organization.
MISSION:
To serve as a leadership advisory committee for the Chief of Police.
105.3.1 TEAM COMPOSITION AND TERMS
The Leadership Team will be co-chalred bythe Assistant Chief of Police and the Police Association
President representing the majority of sworn personnel pursuant to §142.054 of the Texas Local
Government Code. The Association president shall be a voting member of the committee. The
Assistant Chief shall be a non-voting member.
The remaining eight (9) members will consist of the following:
Dalc I..,¢d; 07/09/2011 Page 1 0[
105 STA:\DLG CONLMIIITEES
1) elected member (sworn)
2) elected member (sworn)
3) elected member (civilian)
4) elected member (Communications only)
5) at -large member appointed by the Chief of Police (sworn)
6) at -large member appointed by the Chief of Police (sworn)
7) at -large member appointed by the Chief of Police (civilian)
8) at -large member appointed by the Association President (sworn or civilian)
9) Administrative Lieutenant (position specific, non-voting)
*There are 9 Voting members. The Assistant Chief and Administrative Lieutenant are non-voting
members.
With the exception of the Assistant Chief of Police, the Association President, the Association
President's appointee, and the Administrative Lieutenant, each member of the Leadership Team,
should serve a two-year term before the consideration of a new appointment is made. New
appointments should be staggered to prevent the entire Leadership Team transitioning at one
time. The Leadership Team shall establish a reasonable election/appointment schedule and
submit to the Chief of Police for approval.
105.3.2 DUTIES AND RESPONSIBILITIES
When appropriate the Chief of Police may refer various items to the Leadership Team for review
and recommendation. The Leadership Team will research, discuss, reach consensus, and submit
a written recommendation on matters referred to it by the Chief of Police. The Leadership Team
will determine the method of their own decision-making process.
The Leadership Team will meet as needed to discuss assignments. The Assistant Chief of Police
will determine meeting times and format. Five (5) of the nine (9) voting members of the
Leadership Team must be present in order to establish a quorum. A simple majority carries the
vote. The Assistant Chief of Police will be a non-voting member, however, may vote to break a
tie.
In order for a Leadership Team position and/or recommendation to be validated, a simple
majority vote by a quorum must be made. However, when appropriate the Chair or their
designee may utilize other means necessary to record member votes in a timely manner.
Date Issued: 06/22/16 Page 2 of 3
25
105 STANDLVG COMAHTIEES
All final recommendations from the Leadership Team shall be submitted directly to the Chief of
Police. The final authority for implementing recommendations rests with the Chief of Police.
The Leadership Team may be assigned to assess, evaluate, and make recommendations related
to, but not limited to, the following:
1) policy and procedures
2) hiring/recruiting strategies
3) uniforms and equipment
4) awards, decorations, and special events/ceremonies
5) marketing and branding strategies
6) employee suggestions and proposals
7) strategic planning
S) working conditions
9) other items assigned by the Chief of Police
The Assistant Chief or designee will submit items of discussion/action to team members in
advance of scheduled meetings for review and/or consideration. Leadership Team members are
a cross representation of the Department and should seek input and discussion with their peers
relative to issues up for consideration and action. The Leadership Team members are elected to
serve as representatives of the Department. As such, members are encouraged to communicate
and seek substantive feedback related to topics affecting the Department as a whole.
Any number of subcommittees may be created at the discretion of the Assistant Chief. Non -
Leadership Team members may serve on such subcommittees.
105.4 REMOVAL FROM THE LEADERSHIP TEAM
At the sole discretion of the Chief of Police, any member may be removed from the Leadership
Team if the Chief determines the removal is in the best interest of the Department. Examples of
circumstances which might necessitate removal would include: repeated failure to attend
meetings, failure to make meaningful contributions, failure to complete assignments, recent
discipline issues, etc.
3 oF3
RE