Preamble

The following Agreement by and between the City of San Antonio, Texas, hereinafter referred to as the City, and the San Antonio Police Officers' Association, hereinafter referred to as the Association is recorded, in accordance with the Fire and Police Employee Relations Act of the State of Texas. The City and the Association agree that the efficient and uninterrupted performance of the municipal police function is a primary purpose of this Agreement, as well as the establishment of fair and reasonable compensation and working conditions for the Police Officers of the City. The Agreement has been reached through the process of collective bargaining with the objective of serving the aforementioned purposes and with the further objective of fostering effective cooperation between the City and its Police Officers. Therefore, this Agreement is intended to be in all respects in the public interest.

ARTICLE 1

Duration

This Agreement shall be effective as of the 1^st day of October, 2006. All pay increases, leave, or changes in benefits, shall be implemented in accordance with the respective timelines outlined herein. The retroactive provisions of this contract shall only apply to those members who are City employees at the time of the signing of this agreement or hired after the signing of this agreement. This agreement shall remain in effect until the 30^th day of September, 2009, or until such time as it is superseded by a new agreement between the parties, whichever occurs later provided however, that in no event shall this Agreement continue in effect after September 30^th, 2019.

The City agrees that negotiations for the contract beginning October 1, 2009 will commence no later than January, 2009. The City and the Association agree to make good faith efforts to reach an agreement before October 1, 2009.

ARTICLE 2

Definitions

A. “Association” means the San Antonio Police Officers' Association.

B. “Board of Directors” means those members of the Association who are duly elected, or appointed and serve as members of the Board of Directors of the organization pursuant to the Constitution and By-laws of the Association. The Board of Directors shall include those members of the Executive Board as defined above, and in no event shall more than twenty (20) be allowed to attend meetings in an on-duty status.

C. “Calendar days” means each day inclusive of weekends and holidays.

D. “Chief” means the Chief of Police of the City of San Antonio.

E. “City” means the City of San Antonio.

F. “City Manager” means the City Manager of the City of San Antonio.

G. “Commission” means the Fire Fighters and Police Officers Civil Service Commission of the City of San Antonio.

H. “Days” as used in Article 27 and Article 28 for disciplinary action shall be defined as an eight (8) hour day.

I. “Department” means the Police Department of the City of San Antonio.

J. “Employee” means an employee of the City of San Antonio.

K. “Executive Board” means those six (6) members of the Association who are elected, or appointed to fill the offices of President, Vice President, Secretary, Treasurer, Parliamentarian, and Sergeant-at-Arms of the Association.

L. “Gender” Reference to the male gender throughout this Agreement shall have equal force and include reference to the female gender.

M. “Grievance” means any and all disputes arising under the Grievance Procedure in Article 15.

N. “Longevity” means time in service in the department from the date the employee became a probationary police officer.

O. “Member” means either member of the Association or member of the bargaining unit.

P. “Officer” means any sworn Police Officer employed in the Police Department of the City, with the exception of the Chief of Police.

Q. “Strike” means, whether done in concert or individually, a failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment (including, but not limited to, "slowdowns", "sickouts", and the intentional failure to make arrests), for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of employment.

R. “Working days” means each day exclusive of weekends and holidays.

ARTICLE 3

Association Rights

Section 1. Recognition.

The City hereby recognizes the Association as the sole and exclusive collective bargaining agent for the unit consisting of all sworn Police Officers, except the Chief.

Section 2. Payroll Deductions.

A. The City shall deduct monthly Association/POLPAC dues from each individual member who has voluntarily authorized Association dues deductions. The letter requesting Association dues deduction shall be signed by the President of the Association.

B. The City shall deduct monthly CLEAT dues from each individual member who has voluntarily authorized CLEAT dues deductions. The letter requesting CLEAT dues deduction shall be signed by both the President of CLEAT and the President of the Association.

C. The City shall deduct monthly POLPAC dues from each member who has voluntarily authorized POLPAC dues deductions. The letter signed by the President of the Association requesting POLPAC dues deductions shall declare that the request has been approved by a majority vote of the Board of Directors and of the membership of the Association.

D. Any individual member of the bargaining unit wishing to voluntarily withdraw his authorization for Association, CLEAT, or POLPAC dues deductions and not in uniform, must identify himself and personally sign the appropriate form in the Police Department Accounting Office at Headquarters.

E. Effective October 1, 2007, and on October 1st of each year thereafter, the City shall deduct six (6) hours from each officer’s credited vacation time and credit the time deducted to a pool for use by the Association. Any officer not desiring the deduction shall notify the Accounting Office in the same manner as in subsection D above during the month of September of each year for the following fiscal year. Requests for leave under this section shall be made in writing by the Association President to the Chief. The Association President shall annually submit a list of the names of ten (10) members who shall have the right to use Association Leave with a minimum notice of twenty-four (24) hours. This list of members eligible for expedited use of Association Leave may be amended no more than once in each calendar quarter. All others using Association Leave shall be required to submit the leave request no less than five (5) calendar days in advance of the anticipated date of leave. Such request will be granted, except in the case of emergencies or where the same would impair the operations of the Department or where the granting of the same would adversely affect the welfare of the citizens of San Antonio.

F. The City shall notify the Association and/or CLEAT in writing of any member who revokes or adds his authorization for dues deduction including POLPAC within thirty (30) calendar days from the revocation or addition of the deduction.

G. The City shall deduct special assessments upon written request of the Association signed by the President, provided that the provisions of Section J below are complied with. The City shall require payment by the Association for the actual cost to set up each deduction plus fifteen percent (15%), not to exceed Three Hundred Dollars ($300.00).

H. The City shall deduct special assessments upon written request of CLEAT signed by the President of CLEAT and the President of the Association, provided that such request complies with the indemnification provisions of Section J below. The City shall require payment by CLEAT for the actual cost to set up each deduction plus fifteen percent (15%), not to exceed Three Hundred Dollars ($300.00).

I. The amount of dues or assessments shall be the amount set forth in the letter or request signed by the President of the Association and/or CLEAT.

J. The City shall not be obligated to deduct dues or deduct any sum provided for herein until the respective organization provides a legal and binding letter from the President or legally authorized agent of the Association and/or CLEAT agreeing to indemnify, defend and hold the City harmless against any claims, demands, suits, or any other form of liability that shall arise out of or as a result of any action taken by the City for purposes of complying with the provisions of this Article.

K. All amounts deducted pursuant to this Article shall be paid to the legally designated representative of the Association and/or CLEAT in accordance with the procedures established by the Finance Director.

L. Whenever an Association member dies, and the City is notified as provided herein, the City will automatically deduct twice the amount of dues from each Association member’s payroll during the month immediately following the Association member’s death. In the case of multiple applicable deaths in a month the Association may have the double deductions spread over a period of months upon reasonable notice to the City. As with other deductions, said amount will be forwarded directly to the Association, provided, however that the Association will reimburse the amount of the increased deduction within fourteen (14) calendar days to any member who makes a written request for such reimbursement to the President of the Association. The Association will disburse the additional dues collected to the designated beneficiary or beneficiaries of the deceased member. Any member may designate or change beneficiaries as provided by policy or rule of the Association. Any Association member who requests reimbursement of dues collected from benefits after another member dies, and officers who are not Association members, shall not be eligible for the benefits provided in this Section. The Association shall be responsible to notify the City before the deduction of the double dues occurs.

Section 3. Time Off for Association Business.

A. The Executive Board shall have the right to visit the premises of the Police Department for the purpose of administering this Agreement. Such visits shall be conducted in a manner so as not to interfere with the functions of the Department.

B. The Association's negotiating team, not to exceed six (6) members, shall be permitted to meet with the Association President or to attend negotiating sessions with City representatives, where such sessions or meetings are scheduled during working hours, without loss of pay; or shall be given time off without loss of pay for the scheduled Dog Watch “C” shift immediately preceding such negotiating sessions.

C. The City agrees that the President of the Association will be placed on special assignment during the term of his presidency. The special assignment will give the Association President the latitude to deal with the duties of his presidency while retaining the privileges of his employment, while the Chief of Police retains the right to recall him to duty during an emergency or special event involving overriding need for the protection of the citizens of San Antonio.

For the purposes of accounting, the President of the Association will be assigned to the Accounting Office. It will be the responsibility of the President of the Association to notify and submit proper paperwork to the Accounting Office accounting for all personal leave time to include but not limited to compensatory, vacation, holiday, bonus day, military leave, and sick time.

The Chief of Police reserves his existing authority to revoke special assignment for the Association President during emergencies or when the welfare of the citizens of San Antonio is placed in jeopardy. The Association President, as part of his Association duties, reserves the right, as in the past, to mitigate grievances at all informal and formal levels in order to reduce the number of complaints and, in all cases, reserves the right to speak, visit with the men and women who are members of the Association, as well as to tour existing police facilities and to inspect equipment that will improve the quality of worklife for the police officers of the City of San Antonio whom he represents. In addition, he will participate as the duly elected representative of those men and women of the Association in any discussion that may affect the quality of worklife, health, and well being of any Association member. It is understood that the President of the Association shall suffer no loss of longevity, seniority, pension, days off, or any other benefits as a result of and during the term of such special assignment. When the term of the President expires, the President shall be eligible to return to his previously assigned shift and duty assignment.

D. The City shall grant Association leave paid in accordance with Article 3, Section 2(E) to a maximum of ten (10) officers at any given time at the request of the Association President. Such request will be granted, except in the case of emergencies or where the same would impair the operations of the Department or where the granting of the same would adversely affect the welfare of the citizens of San Antonio.

Section 4. Bulletin Boards.

A. The Association may maintain one (1) bulletin board at each of the decentralized stations or other police facilities and two (2) bulletin boards at the central station. Bulletin boards may be located at the assembly room and the lobby of the central station and in similar conspicuous locations at the other police stations and/or facilities. The Association may utilize Department e-mail and video technology to disseminate bulletin board information subject to the following terms. All e-mail transmissions shall have prior approval of the Chief. The use of video equipment is limited to the playing of Association provided videotapes in compliance with Section 6 of this Article. The Association representative who accompanies the video is responsible for its content complying with Section 6. In the event no Association representative is present, the Association President is responsible. The President of the Association shall have off-site access to the city mainframe computer and SAPD intranet.

B. The bulletin boards, e-mail, and video presentations shall be used only for the following notices:

(1) Recreation and Social Affairs of the Association.

(2) Association Meetings.

(3) Association Elections.

(4) Reports of Association Committees.

(5) Rulings or policies of the State or National Association.

(6) Legislative Enactments and Judicial Decisions Affecting Public Employee Labor Relations.

C. Notices or announcements shall not contain anything political, or anything reflecting on the City, any of its employees, or any labor organization among its employees.

Section 5. Members of the Board of Directors.

Members of the Board of Directors who are on duty shall be permitted to attend the two (2) regularly scheduled board meetings each month, and up to two (2) specially called Board of Directors meetings per fiscal year. Such members of the Board of Directors who are on duty shall be subject to emergency recall, and the Association shall insure the immediate response capability of these officers.

Section 6. Addressing of Shift Roll Call Meetings, In-Service Training and Police Academy Cadet Classes.

Members of the Executive Board, members of the bargaining team, persons appointed by the Association to represent the Association and Board of Directors shall be permitted to speak at shift roll-call meetings about Association business for a period not to exceed five (5) minutes. Prior to speaking at such roll calls, the Association representative shall notify the appropriate supervisor that he intends to speak.

Members of the Executive Board, members of the bargaining team, persons appointed by the Association to represent the Association and Board of Directors shall be permitted to speak at in-service training for a period not to exceed thirty (30) minutes. The President of the Association shall notify the Academy Commander in writing in November of the preceding year of the Association’s intent to use a thirty (30) minute block with the yearly in-service training beginning in January of each year. The Academy Commander shall schedule the thirty (30) minute block and notify the Association in writing of the dates and time to appear.

Members of the Executive Board, members of the bargaining team, persons appointed by the Association to represent the Association and Board of Directors shall be permitted to speak to each Police Academy cadet class for a period not to exceed three (3) hours. Unless mutually agreed upon, such speaking shall be scheduled in no less than two (2) one (1) hour thirty (30) minute blocks. The Association shall provide a lesson plan to the Academy Commander and shall permit staff monitoring to assure compliance under this section.

Discussion by Association representatives shall pertain only to the recreation and social affairs of the Association; Association meetings; Association elections, reports of Association committees; activities of the State or National Association with whom the Association is affiliated; and legislative enactment, judicial decisions affecting public employee labor relations, legal assistance plans, and contract benefits and rights. Discussions by Association representatives shall not contain anything political or anything reflecting on the City or any of its employees or any labor organization among its employees. There shall be no prior restraint or censure by shift supervisors of Association representatives during roll-call discussions. In the event an Association representative allegedly violates this section, such alleged violation shall be subject to Article 15, Step 6, of the Grievance Procedure.

ARTICLE 4

Management Duties to the Association

Section 1. The City shall provide the following materials to every officer:

A. A copy of special orders, general orders, training bulletins, rules and regulations, and Texas Penal Code, Traffic Laws & Code of Criminal Procedure; and

B. A copy of this Agreement.

Section 2. The City shall not engage in the following practices:

A. Interfere with, restrains, or coerces officers in the exercise of rights granted in this Agreement.

B. Dominate, interfere, or assist in the formation, existence or administration of any employee organization; or contribute financial support to any such organization.

C. Encourage or discourage membership in any employee organization by discrimination in hiring, tenure, training or other terms or conditions of employment.

D. Discharge or discriminate against any officer because he has filed any affidavit, petition, grievance, or complaint; or given any information or testimony alleging violations of this Agreement; or because he has formed, joined, or chose to be represented by any employee organization.

E. Make or permit any agreement, understanding, or contract with any person, including a member of the bargaining unit, which in any manner circumvents, alters, amends, modifies, or contradicts any provision of this Agreement. For example, condoning a practice of officers volunteering to circumvent this Agreement on job assignments, relief days, hours worked, or compensation would obviously violate this provision.

F. Discriminate against any officer protected under Title VII of the Civil Rights Act or the Texas Commission on Human Rights Act or because of association, or non-association, or affiliation; or discriminate in the application or interpretation of the provisions of this Agreement.

Section 3. Consistent Interpretation.

The City recognizes its responsibility to a consistent interpretation and application of Department Rules and Regulations, Special Directives and Administrative Orders, which govern the conduct of officers on the job.

ARTICLE 5

Non-Discrimination by the Association

Section 1.

No action shall be taken by the Association or any officer in the bargaining unit which constitutes discrimination under Title VII of the Civil Rights Act or of the Texas Commission on Human Rights Act. The provisions of this Agreement shall be applied equally to all officers covered by the Agreement.

Section 2.

The Association shall not cause or attempt to cause an officer to discriminate against another employee or officer because of the employee’s or officer’s membership or non-membership in any employee organization; or discriminate against any employee or officer because he has signed or filed an affidavit, petition or complaint or given any information or testimony alleging violations of this Agreement.

ARTICLE 6

No Strike Clause

The Association shall not cause, counsel, or permit its members to strike, slow down, disrupt, impede or otherwise impair the normal functions of the Department; nor to refuse to cross any picket line by whomever established, where such refusal would interfere with or impede the performance of the officer’s duties as an employee of the City. The City shall not lock out any officer.

ARTICLE 7

Management Rights

Section 1.

Subject to the terms of this Agreement, the Association recognizes the management of the City of San Antonio and the direction of the Police Department are vested exclusively in the City, and nothing in this Agreement is intended to circumscribe or modify the existing right of the City to operate and manage its affairs in all respects. The Association recognizes the City's statutory and Charter Rights to:

A. Direct and schedule the work of its officers, to include the scheduling of overtime work in a manner most advantageous to the City. Officer work schedules shall not be changed solely to avoid or curtail overtime pay. The City shall have the right to reschedule up to eighty (80) hours of training per officer per year. These hours shall include required TCLEOSE training and may include in-service hours but the City is not required to use the entire eighty (80) hours each year.

B. Hire, promote, demote, transfer, assign and retain officers in positions with the City.

C. Discharge, demote, or suspend officers, pursuant to the requirements of Chapter 143 Local Government Code and further and fully agreed to in Article 27, Disciplinary Actions, of this Agreement.

D. Maintain the efficiency of governmental operations.

E. Lay off officers from duty because of lack of work, consistent with Civil Service Regulations, City ordinances and State laws.

F. Determine the methods, processes, means, and personnel by which operations are to be carried out.

G. Transfer any City operation now conducted by it to another unit of government, and such transfer shall not require any prior negotiations or the consent of any association, group, organization, union or labor organization whatsoever.

H. Contract and subcontract when it is in the best interest of the City.

I. Use security personnel, which include, but are not limited to, such job classifications incorporated within the Classification Manual as Airport Police Officer, Park Police, Life Guard, School Crossing Guard, Municipal Guard, which require training in law enforcement, safety and security duties, firefighting skills, emergency medical treatment, water safety, and other similar related skills.

J. Use of civilians in the Police Department to perform duties which do not require a Commissioned Officer or the power of arrest. The scope of such duties include, but are not limited to, communications, information systems, records, community services, clerical support, maintenance, school safety crossing, and jail operations. Civilians performing such duties are not subject to the terms of this Agreement. This subject is covered in detail in Article 38.

K. Establish classifications, job descriptions, and standards which provide the basis for recruiting and assignment. It is also understood that every duty connected with operations enumerated in job descriptions is not always specifically described. It is, nevertheless, intended that all duties relating to the present mission of the Police Department, as a public safety organization, shall be performed by the officers.

L. The Association recognizes the City's existing right to establish and enforce rules and regulations, special directives, and administrative orders, and amendments for the conduct of the mission of the Department subject to the terms of this Agreement. The Chief has the right to amend, suspend, and/or alter such rules and regulations subject to the terms of this Agreement and approval of the Commission.

M. Any person, whether sworn or unsworn, wishing to address Police Officer roll calls on any subject (except bargaining unit members who are running for Association office or shift representative and wish to make a statement concerning an election within the Association) must receive written permission from the Chief of Police or President of the Association. When permission is granted by the President of the Association, the restrictions involving subject matter and time outlined in Article 3, Section 6, shall apply.

Section 2.

Subject to review by the City Manager, the Chief shall have the exclusive right to:

A. Establish departmental rules and regulations.

B. Transfer officers within the Department to accomplish the mission of the Department in the most efficient manner.

Section 3.

Except as otherwise specifically provided in this Agreement, the City, acting through the City Manager and the Police Chief, shall retain all rights and authority to which, by law, it is its responsibility to enforce.

ARTICLE 8

Maintenance of Standards

All standards, privileges, and working conditions enjoyed by the City of San Antonio Police officers at the effective date of this Agreement, which are not included in this Agreement, shall remain unchanged for the duration of the Agreement.

ARTICLE 9

Labor Relations Committee

Section 1. Labor Relations Committee.

The City and the Association, having recognized that cooperation between Management and employees is indispensable to the accomplishment of sound and harmonious labor relations, shall jointly maintain and support a Labor Relations Committee. The Labor Relations Committee shall discuss the working conditions of officers, including, but not necessarily limited to, safety and specifications for equipment, discipline, departmental policies and procedures, and other areas of common officer interest. The Committee shall recommend to the Police Chief changes in any of these working conditions where necessary, and the Chief shall communicate his decision to the Committee in writing. The Committee has no independent authority to bind either party with respect to any individual grievable topic. The Labor Relations Committee shall consist of four (4) members who shall serve for a one-year term. The Association shall designate two (2) members, and the Police Chief shall designate two (2) members. Vacancies shall be filled by the appointing party for the balance of the term to be served. The chairmanship of the Committee shall rotate once every three (3) months, and, there shall be a written agenda of matters to be discussed. Officers desiring items placed on the written agenda shall forward the matter in writing to the Office of the Chief of Police with a copy to the President of the Association. The Committee shall make its recommendations in writing to the Chief with copies to the Association and the City Manager. The Chief shall thereafter respond to the Committee's recommendations in writing within fourteen (14) calendar days from receipt thereof. A copy of the response will be sent to the Association and to the City Manager. An extension of the Chief's response of an additional fourteen (14) calendar days shall be granted by the Committee upon request of the Chief. No matter within the jurisdiction of the Committee shall be discussed by the Association at a higher administrative level until it has been discussed by the Committee.

Section 2. Labor Relations Subcommittees.

The Labor Relations Committee may appoint subcommittees as necessary. Such subcommittees shall report to the Labor Relations Committee and the Labor Relations Committee shall make final recommendations in writing to the Chief of Police as outlined above.

Section 3. Defense of Officials.

It is understood and agreed that individual city employees serving on the committee are acting in the course and scope of their employment, even though designated by the Association, and as such are entitled to defense and indemnity under the terms of the City’s existing risk management, insurance and defense programs, in the event that the recommendations of the committee become the basis of claims or litigation.

ARTICLE 10

Safety and Equipment

Section 1. General.

The City shall maintain at all times an adequate quantity of modern, marked and unmarked vehicles, radios, and other essential equipment in sound working condition to ensure a safe work place for each officer and to maximize the Department's prime objectives of crime prevention, suppression, and detection. Such vehicles, radios, and other essential equipment must be replaced during periods of repair. Any unanimous recommendations by the Labor Relations Committee in Article 9, above, for the purchase and use of advanced technological improvements in equipment (e.g., EO-tech electronic site; tire spikes), shall be considered evidence that such improvements contribute to a safe work place for each officer. Any recommendations by the Labor Relations Committee shall take into consideration City budget cycles and priorities.

Section 2. Preventive Vehicle Maintenance Program.

The City shall ensure that all police vehicles assigned to the officers are in safe condition and shall maintain a preventive maintenance program for police vehicles. The Chief shall assign a supervisor to the vehicle maintenance shop for the purpose of inspecting the safety of police vehicles. The Chief may assign either a sworn officer or civilian to this position, except that in the event that a civilian is assigned, there shall be no reduction or loss of sworn positions in the Police Department as a result of the assignment of a civilian. If at the discretion of an officer, an assigned vehicle is not in safe condition, said officer shall notify the supervisor assigned to the vehicle maintenance shop that the vehicle is not in a safe condition. The supervisor assigned to the vehicle maintenance shop shall make the decision as to the safety of the police vehicle. In the event that the supervisor assigned to the vehicle maintenance shop deems the police vehicle to be in a safe condition, and the employee disagrees with the supervisor’s decision, said officer may protest the supervisor’s decision in writing. The supervisor assigned to the vehicle maintenance shop shall acknowledge the officer’s protest in writing and forward all copies to the officer’s division commander for final disposition.

The Vehicle Maintenance Supervisor shall maintain records on the maintenance of all police vehicles. When a vehicle reaches the 30,000 miles odometer reading, a review of the vehicle’s maintenance record will be conducted. If deemed necessary, the Vehicle Maintenance Supervisor may request an exhaustive mechanical evaluation be performed on the vehicle. Any officer may request an exhaustive mechanical evaluation of police vehicle when the vehicle reaches the 30,000-mile mark. This inspection will be accomplished in a timely manner or another vehicle will be provided for the officer.

Effective October 1, 2007, marked vehicles having 65,000 miles on their odometers and assigned to the Uniform Division, must be retired from the Uniform Division fleet. An officer will not be required to operate a marked vehicle assigned to the Uniform Division having 65,000 miles or more on its odometer. Additionally, an officer will not be subject to disciplinary action for refusing to comply with an order to drive marked vehicles in the Uniform Division which had 65,000 miles or more on its odometer. Prior to 65,000 miles a vehicle may be retired from the Uniform Division fleet if considered unsafe by the head of the vehicle maintenance unit or a division commander. No officers in the Uniform Division may be ordered to drive a patrol vehicle, which has in excess of 65,000 miles. Any vehicle retired from use in the Uniform Division pursuant to this agreement may be used by the Department in other divisions, provided that the vehicles are sound and safe to operate.

Effective October 1, 2008, marked vehicles having 70,000 miles on their odometers and assigned to the Uniform Division, must be retired from the Uniform Division fleet. An officer will not be required to operate a marked vehicle assigned to the Uniform Division having 70,000 miles or more on its odometer. Additionally, an officer will not be subject to disciplinary action for refusing to comply with an order to drive marked vehicles in the Uniform Division which had 70,000 miles or more on its odometer. Prior to 70,000 miles a vehicle may be retired from the Uniform Division fleet if considered unsafe by the head of the vehicle maintenance unit or a division commander. No officers in the Uniform Division may be ordered to drive a patrol vehicle, which has in excess of 70,000 miles. Any vehicle retired from use in the Uniform Division pursuant to this agreement may be used by the Department in other divisions, provided that the vehicles are sound and safe to operate.

Section 3. Take-Home Cars.

The City shall provide to officers occupying the rank of Lieutenant or above a City-owned vehicle for the officer's use during his employment on active duty status and for the officer's use in driving to and from home. In lieu of a take-home vehicle, the Department may offer said officer a monthly car allowance of $300 per month. An eligible officer may initially opt for a City-provided, unmarked vehicle (with less than 10,000 miles on its odometer) or the allowance as previously noted. During the period of June 1 to July 1 of each calendar year, the officer may elect to change from his car or car allowance. If an eligible officer opts for a vehicle, and the same is unavailable, such officer may draw the $300.00 car allowance until the vehicle is furnished. The use of a City vehicle by an officer may be revoked by the Chief if the individual assigned the vehicle is not insurable per state minimum requirements. Each officer assigned a vehicle shall be required to use the vehicle in a manner consistent with Department policies. Any officer assigned a vehicle shall not be eligible to receive any car allowance, as otherwise provided by the City. The Chief has the sole discretion whether to assign or not assign or to remove a vehicle from any other officer in any rank below Lieutenant. Assignment by the Chief of a vehicle to another officer below the rank of Lieutenant shall not be grounds for filing of a grievance based upon the equal pay standards of Chapter 143 of the Local Government Code or any provision of this Agreement.

Section 4. Radios.

The City shall provide to each employee so requesting, one (1) permanently assigned hand-held police radio. A charger will be issued if necessary. These radios will be replaced in accordance with Department policies and regulations. However, in the event the radio needs to be replaced or repaired due to negligence or intentional abuse on the part of the officer to whom the radio is issued, the officer shall be required to reimburse the City for the costs. The cost of said radio shall be, for purposes of the Section, based upon its actual value at the time of loss. Negligence or intentional abuse and the actual value considering, depreciation value of the radio shall be determined by the Labor Relations Committee outlined in Article 9.

“Permanently issued or assigned radios” are those issued pursuant to an eligible officer requesting to have one issued to them and does not imply that the officer cannot later turn in their radios.

“Approved police functions” shall mean either a City function where the City provides security or an official function sanctioned and approved by the Chief of Police and functions for which a work permit has been issued.

Section 5. Soft Body Armor.

The City shall provide to all officers the option of selecting soft body armor with a minimum standard of Threat Level III-A or Threat Level II. Such vests shall meet the highest levels of specifications as determined by the Labor Relations Committee outlined in Article 9. Vests shall be provided to all new officers prior to the end of their first week as officers. Vests shall be replaced every five (5) years by making a proper request to the Division Commander, or at any time when obvious damage to the vest requires replacement. However, if it is determined by the Labor Relations Committee outlined in Article 9, that the damage done to the vest was caused by neglect or misuse on the part of the officer, then the officer shall pay the actual value considering replacement costs, depreciation, utility value, and market value of the vest as determined by the Labor Relations Committee at the time of the loss. One free fitting per year will be provided by the City.

Section 6. Ammunition.

Effective January 1, 2008 in addition to the ammunition provided by the Department for mandatory in-service firearms training, each officer is entitled to one hundred (100) rounds of ammunition per year.

Section 7. Labor Relations Committee as Equipment Advisory Committee.

A. The Labor Relations Committee as outlined in Article 9, in addition to its other duties, shall serve as the Equipment Advisory Committee. This committee shall meet for the purpose of reviewing specifications, testing, and making recommendations to the Chief as to the purchase of all police-related equipment. For purposes of this Section, police-related equipment includes, but is not limited to, communications equipment, vehicles, vehicle light bars, weapons, specialized or technical investigative equipment, training aids, and computer-related equipment and materials. Police-related equipment does not include chairs, desks, office supplies, maintenance supplies, or other non-specialized equipment or materials purchased on a Citywide basis for all departments.

B. When an officer loses and/or damages equipment assigned for purposes of employment the Labor Relations Committee shall cause to be conducted an investigation surrounding the facts causing the loss or damage. Upon completion of its investigation, the committee will make a determination as to the cause of the loss or damage and to what extent the officer is responsible for such loss and/or damage. The committee shall write a report of its findings which shall be forwarded to the Chief. An officer who disagrees with the findings of the committee may appeal the committee’s recommendation to the Chief. The Chief may adopt, in whole or in part, or reject the committee's recommendations. The actions of the Chief in this regard shall not be subject to grievance and arbitration as provided for herein, if the Chief concurs in the recommendation of a majority of the committee or reduces the officer’s responsibility for such loss or damage below the recommendation of the majority of the committee.

Section 8. Reimbursement Procedures.

A. Officers may utilize payroll deductions to reimburse the City for lost or damaged equipment. Payroll deductions must be set at fifty dollars ($50.00) per payday unless the officer agrees to higher payments. It shall be the obligation of the officer to coordinate such repayment with the Police Department Accounting Office.

B. Officers desiring to reimburse the City for lost or damaged equipment outside of payroll deductions may do so as long as such mandatory payments are no less than fifty dollars ($50.00) per pay day. Nothing herein prohibits the officer from agreeing to higher payments. All reimbursements paid outside of payroll deduction are due within five (5) calendar days of the payday.

C. Regardless of the method of payment, all payments must begin not less than the second pay day after the final ruling by the Chief.

D. After all administrative appeals are exhausted, officers failing to reimburse the City or who fail to pay according to the selected pay schedule above shall be deemed insubordinate to the Chief of Police and may be disciplined up to and including termination.

Section 9. Standardized Installation of Equipment.

The City agrees it will standardize the location of all equipment in all marked vehicles whenever possible.

ARTICLE 11

Promotions

Section 1. Definitions.

A. Seniority - For purposes of this Section, each police officer shall be given one (1) point on a promotional examination for each year as a classified police officer in the San Antonio Police Department. In no event shall the number of such seniority points exceed ten (10). “Classified police officer” is meant to include service as an initial probationary police officer and probation after promotion. Seniority is defined as all years of service, whether interrupted or uninterrupted, on the San Antonio Police Department, and not merely the last continuous period of service.

B. Eligibility - Police promotional examinations shall be open to all police officers who have held a classified position with the San Antonio Police Department for two (2) years or more, immediately below the rank for which the examination is to be held. Promotional examinations to the rank of Detective Investigator shall be open to only those officers within the classification of a Class C or higher patrol officer; no officer shall be permitted to take a promotional examination to the rank of Detective Investigator until being in the classification of a Class C or higher patrol officer.

C. Seniority in Rank - Time Within a Classified Police Officer Rank. The officer with the most time in a classified rank shall be considered the senior. Officers promoted on the same day shall be promoted at least one minute apart to establish seniority in rank. Seniority in rank for newly hired police officers shall be determined by their ranking on the eligibility list and effective with their appointment to probationary police officer.

D. Return From Military Service - Effective with the signing of this Agreement officers who were serving on active military duty as members of the armed forces and who were eligible promotional candidates according to the rules as set out by USERRA when a department promotional exam was offered, who did not take the exam, may apply within 30-calendar days after notice by the city of their rights and obligations under this subsection upon their return to the Department from active duty, to take the promotional exam given for that rank. The consulting firm who constructs the promotional exam for each applicable rank will as part of the exam create an “A” and “B” exam for each test. Each test will be similar in construction and material covered. Officers covered by this section will be offered the ability to take the “B” test on their return and after being given the same amount of study time as an officer who took the original “A” exam. If the officer’s score would have resulted in a promotion if it had been achieved on the exam(s) missed due to active military service, the officer must be promoted to the next available vacancy in that rank. Seniority in rank and retroactive back pay owed will be established as of the date the officer would have been promoted based on the score made at the time, as if he or she had not been on active military service. This provision is intended to comply with requirements of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), and to supersede the terms of Section 143.032(b) of the Texas Local Government Code.

Section 2. Study Materials.

A. Study Materials Committee - The Chief shall establish a committee for the selection of proposed study materials for each written promotional examination. This committee may vary in number and in composition, but shall be chaired by the Training Academy Commander. This committee may be composed of individuals who are selected from within or outside of the Department, provided that if members from outside the department are selected, they may not consist of more than 50% of the committee. This committee shall meet at appropriate times to review submitted materials. When the need arises to administer a promotional examination for any rank, this committee shall convene and select proposed materials, which are pertinent to the rank for which the promotional examination is being administered. Members of the committee shall rank the material separately and forward their rankings to the Chief. The Chief shall, after reviewing the rankings, make the final decision and forward his decision to the Consulting Company hired by the City to create the test. Study materials for all ranks shall not be the same for any two consecutive years. The exceptions include, the Texas Penal Code, the Code of Criminal Procedures, the General Manual, and the Collective Bargaining Agreement.

B. Promotional Text Materials - The City shall limit the promotional material for all ranks to two hundred (200) pages of text except for text taken from the Texas Penal Code, the Code of Criminal Procedures, the General Manual, and the Collective Bargaining Agreement. For purposes of this section, two hundred pages of text shall be defined as text that averages approximately 750 words per page. An officer may not file any grievance or appeal based on the limitations involving pages of text and words. The City shall attempt to obtain the publisher’s permission to duplicate and distribute to the candidates the study materials without incurring any fee, cost, penalty or liability to the publishers, and if it does obtain this permission, the City will bear the expense of the printing or reproduction of the study materials for distribution to eligible candidates. However, the City will not be required to perform the aforementioned printing, reproduction, and dissemination of the study materials if the permission of the publishers to do so cannot be obtained at any cost, or penalty, or liability to the publishers. Where the City cannot obtain such permission, the City will make arrangements to ensure that all of these study materials (e.g., textbooks) are available at one or more locations within the city for purchase by the candidates. Candidates who purchase study materials and who score seventy percent (70%) or higher on each of the examinations applicable to the promotion sought will be reimbursed for the price of the study materials.

After the Chief has made his selections, the City Human Resources Department will pick up the study materials. The study materials will be printed and/or reproduced under circumstances, which will promote security. The Human Resources Department will verify the completeness of the packets. No question will be included in the examination unless it derives its source from the study material.

The date and location that the study materials will be made available for candidates to pick up or the location where the study materials may be purchased will be announced in the Daily Bulletin for five (5) consecutive working days. In accordance with this Section, the study materials shall be either announced as to location for purchase or provided to eligible candidates during a period which is not more than twenty five (25) nor less than fifteen (15) calendar days prior to the examination.

Section 3. Promotion to Detective Investigator, Sergeant, Lieutenant and Captain.

A. The City shall engage an outside bonded consultant to prepare written promotional examinations for each rank.

Beginning at least eighty-five (85) calendar days before the administration of the examination, the City will announce in the Daily Bulletin the date of the examination and with the location and dates that any eligible officer may register for the examination. This announcement will run for five (5) consecutive working days. Candidates for the promotional examinations shall register for the examination between eighty (80) and seventy (70) calendar days before the written examination.

All eligible candidates for promotion to a particular rank shall be given the identical examinations applicable to that rank in the presence of each other. The examinations will consist of multiple choice written questions, which shall have predetermined correct answers to enhance the objectivity of the examination.

The preparer of the examination shall deliver the examination sealed and numbered to the Civil Service Director who is charged with the responsibility for the security of all promotional examinations. The examination shall remain sealed until opened in the presence of the participants.

All of the questions asked on the examination must be prepared and composed in a manner that the grading of all examination papers can be completed immediately after the examination is held. All examination papers shall be graded as they are completed, at the place where the examination is given, and in the presence of any candidates who wish to remain during the grading. Examination grading may be performed within fifty (50) feet of any entrance or exit from the examination room in open view of all candidates. A score of seventy percent (70%) (out of a possible 100%) on each examination applicable to the rank to which the officer seeks promotion shall be considered a minimum passing score.

Each eligible promotional candidate shall have the opportunity to examine test source materials and their own graded examination paper and answers within five (5) consecutive working days after the examination. The candidate may see the above material, but may not remove the graded examination paper from the Human Resources Department.

Candidates arriving after the appointed starting time of the examination will not be admitted or allowed to participate in the examination.

All questions formulated by the outside consultant (and their correct answers) shall be derived from the materials selected by the Chief as study materials in accordance with this Section.

Matters relative to the construction of any promotional written examination which are appealable to the Civil Service Commission pursuant to Chapter 143, Local Government Code, shall continue to be appealable and the decision of the Commission shall be final.

B. In addition to meeting the requirements as set forth in Subsection A, promotional examinations for Detective Investigator and Sergeant shall consist of one (1) examination session which shall not exceed either one hundred (100) multiple choice questions or two (2) hours in length.

C. In addition to meeting the requirements as set forth in Subsection A, promotional examinations for Lieutenant and Captain shall consist of an examination session in the morning which shall not exceed one hundred (100) multiple choice questions or two (2) hours in length and an afternoon session on the same day with questions which may be based upon video and/or written scenarios as determined by the outside consultant in consultation with the City. The answers to the questions in the afternoon session shall also be multiple choice with no set number of questions, but the examination shall be limited to two (2) hours. All video presentations, written scenarios and questions shall be validated as job-related. The afternoon session examination shall not be weighted more than thirty percent (30%) of the overall written examination.

Section 4. Requirements After Promotion.

The following applies to promotional examinations given after January 1, 2001. These requirements do not apply to officers promoted prior to December 31, 2000.

A. Officers promoted to detective investigator, sergeant, lieutenant or captain shall attend a mandatory investigator (detectives), supervisory or management (sergeant, lieutenant and captain) training program designed for that rank of no less than 40-hours nor more than 80-hours prior to or after being promoted. Officers who are promoted to the rank of detective investigator, sergeant, lieutenant, or captain and who have not attended the mandatory training program shall be required to attend the required training within sixty (60) calendar days of promotion.

B. Officers promoted to detective investigator, sergeant, lieutenant or captain shall be assigned to one or more officers of equal rank for on-the-job field training for a period of no less than one (1) calendar month during their probationary period. Officers promoted to the rank of captain shall be required to complete their on-the-job field training, assigned to and physically working with a captain assigned to the patrol division at a police substation.

C. Within forty-eight (48) months after being promoted, officers promoted to lieutenant shall be required as a condition of maintaining the rank to complete with a passing grade at least sixty (60) hours of college credits or achieve an Associate’s degree from an accredited college or university. Officers who have already satisfied this requirement shall present proof to the Chief of Police. Officers who fail to complete this requirement within the specified time period shall be demoted to their previous rank and seniority.

D. Within sixty (60) months after being promoted, officers promoted to captain shall be required as a condition of maintaining the rank to obtain a Bachelor’s Degree from an accredited college or university. Officers who have already satisfied this requirement shall present proof of completion to the Chief of Police. Officers who fail to complete this requirement within the specified time period shall be demoted to their previous rank and seniority.

E. If the officer fails to complete the mandatory college requirements within the prescribed time period after promotion, the officer will be allowed to appeal the demotion only if exigent circumstances or an emergency situation occurred which would have prevented the officer from completing the requirements.

F. If an officer is promoted to the next higher rank before completing the educational requirements for his previous rank, the time requirements remain in effect for completion of the appropriate educational requirements for that previous rank. For example, an officer is promoted to Lieutenant on January 1, 2001 and has forty-eight months to complete sixty (60) hours of college credits or achieve an Associate’s degree. The officer is promoted to Captain on January 2, 2004 without achieving the college hours or the degree. The officer will have until December 31, 2004 to obtain sixty (60) hours of college credit or an Associate degree.

Section 5. Appointment to Commander.

The Chief shall be entitled to create seven (7) Commander positions only when actual staffing in the department reaches 2,194. This shall be above the rank of Captain and below the rank of Deputy Chief, and shall be an appointed position. Higher ranking officers may be demoted to Commander but if removed, entitled to return to their last tested rank. Only Captains shall be eligible for appointment and serve at the discretion of the Chief of Police. After the initial appointment to each of the seven Commanders positions, a minimum of one year time in rank shall be required for eligibility for such appointment. Appointment shall be at the sole discretion of the Chief. As vacancies occur in the rank of Commander, the Chief of Police shall either appoint a Captain or permanently abolish the position at his sole discretion within ninety (90) calendar days in accordance with this Section. Should the Chief of Police fail to appoint and the position is permanently abolished, the position of Commander shall revert to the rank of Captain. The City shall not reduce or abolish authorized positions in other ranks as a result of implementation of this section.

Prior to making any permanent appointment to the rank of Commander, the Chief shall adopt and publish a policy setting forth the selection and appointment process, which shall be published for at least thirty (30) calendar days prior to closing applications. The process may not change once the applications process is closed.

The compensation for Commander shall be set at not less than 7% above the rate of a 30 year Captain’s base pay at Step B plus longevity. The officers so assigned shall be entitled to all benefits as contained in the following specified Articles of this Agreement: Articles 1; 2; 3; 4; 5; 6; 7; 9; 10 Section 3; 11 Section 5; 14 Section 1; 16 Sections 2; 17; 19; 20 (without premium pay); 21; 22 Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11; 23; 28; 29; 30; 31; 32; 33; 34; 35; 36 Sections 1, 2, 4, 5, 6; and 37.

Officers appointed to this rank shall be subject to overall City policies and regulations and while appointed to this rank shall not be subject to the provisions of Chapter 143, Local Government Code, or any provision of this Agreement, unless specifically so provided by this Article.

Officers appointed to Commander shall also be subject to the education requirements of a Captain specified in Section 4(d), (e), and (f) of this Article.

Any officer appointed to the rank of Commander may be demoted to the rank of Captain at the sole discretion of the Chief of Police without appeal to the Commission and/or Arbitration. Any officer appointed to this rank may, further, voluntarily return to their last civil service rank of Captain at any time. Upon demotion or voluntary return to the last civil service rank pursuant hereto, the officer shall receive thereafter the full benefits provided in Chapter 143, Local Government Code, and this Agreement as if he had served in that rank on a continuous basis throughout his tenure as Commander, and any other non tested appointed rank. An officer appointed to the rank of Commander may be terminated for cause, provided that such termination shall be subject to appeal in the same manner as applicable to all classified uniformed officers in the Department.

Commanders appointed by the Chief of Police pursuant to Article 11, Section 5 of this Agreement, may receive administrative leave for work performed in excess of their regularly scheduled duties. Said leave time may be granted at the discretion of the Chief of Police, subject to the scheduling and manpower contingencies that may arise.

The provisions of §143.014(b) restricting appointment of the classification immediately below Police Chief, and subsections (c), (d), (f), (g) and (h) of Section 143.014 shall not apply.

The City agrees to defend, indemnify, and hold harmless the Association and its officers, agents, representatives, and officers from any action, at law or in equity, brought by any Commander or other member(s) of the unit regarding this Section.

Section 6. Appointment to Deputy Chief.

The Chief of Police shall have the right to appoint a total of five (5) Deputy Chiefs which shall be one rank immediately above the rank of Commander and one rank immediately below the Assistant Chief in the chain of command. This Article shall create no positions within the rank of Deputy Chief other than by this Article. As vacancies occur in the rank of Deputy Chief, the Chief of Police shall either appoint an officer or permanently abolish the position within ninety (90) calendar days in accordance with this Section. Should the Chief of Police fail to appoint and the position is permanently abolished, the position of Deputy Chief shall revert to the rank of Captain or Commander. Positions within the rank of Deputy Chief up to five (5) shall be filled by the Chief of Police at his sole discretion, within ninety (90) calendar days of a vacancy occurring in that rank. Appointments to the rank of Deputy Chief shall be by the Chief of Police at his sole discretion, provided that the officer promoted is a Captain with a minimum of one (1) year in the rank or a Commander.

For clarification purposes, effective upon execution of this agreement and effective with the promotion of any officer to the rank of Deputy Chief after October 1, 2002, those officers appointed to the rank of Deputy Chief shall be required as a condition of maintaining the appointed rank to obtain a Master’s Degree from an accredited college or university within forty-eight (48) months after being appointed. Deputy Chiefs appointed after October 1, 2002, who have already obtained a Masters Degree prior to being appointed to the rank of Deputy Chief, shall present proof of completion to the Chief of Police within seven (7) calendar days of being appointed to the rank. Deputy Chiefs who have not obtained a Masters Degree, must complete and make a passing grade on at least nine (9) hours of Masters Degree requirements in an approved Masters Degree program every twelve (12) months after being appointed to the rank of Deputy Chief until such time as a Masters Degree is awarded. Deputy Chiefs will submit proof of the completion of the required hours to the Chief of Police and the Association on their annual promotion date until such time a Masters Degree is obtained. Deputy Chiefs who fail to complete this requirement within the specified time periods shall be demoted within ten (10) calendar days after verification by the Chief of Police of the Officer’s non-compliance. Officers shall be demoted to their previous civil service rank and seniority.

Any officer appointed to the rank of Deputy Chief may be demoted to their last tested civil service rank at the sole discretion of the Chief of Police without appeal to the Commission and/or Arbitration. Any officer appointed to this rank may, further, voluntarily return to their last tested rank at any time. Upon demotion or voluntary return to the previously-held rank pursuant hereto, the officer shall receive thereafter the full benefits provided in Chapter 143, Local Government Code, and this Agreement as if he had served in that rank on a continuous basis throughout his tenure as Deputy Chief, and any other non tested appointed rank. An officer appointed to the rank of Deputy Chief may be terminated for cause, provided that such termination shall be subject to appeal in the same manner as applicable to all classified uniformed officers in the Department.

Except for the position of Deputy Chief, nothing in this Article shall be construed to require the City to create the rank or establish and fill the maximum number of positions authorized herein. Further, nothing in this Article shall be construed to limit any existing right of the City to create ranks and establish positions in accordance with State law and City Charter.

Deputy Chiefs appointed by the Chief of Police pursuant to Article 11, Section 5 of this Agreement, may receive administrative leave for work performed in excess of their regularly scheduled duties. Said leave time may be granted at the discretion of the Chief of Police, subject to the scheduling and manpower contingencies that may arise.

Officers appointed to the Deputy Chief position by the Chief of Police as provided for in Article 11, Section 6, supra, of this Agreement, shall be compensated at an annual salary of not less than fifteen percent (15%) above the rate of a 30-year Captain’s base pay at Step B plus longevity. The officers so assigned shall be entitled to all benefits as contained in the following specified Articles of this Agreement: Articles 1; 2; 3; 4; 5; 6; 7; 9; 10 Section 3; 11 Section 6; 14 Section 1; 16 Sections 2; 17; 19; 20 (without premium pay); 21; 22 Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11; 23; 28; 29; 30; 31; 32; 33; 34; 35; 36 Sections 1, 2, 4, 5, 6; and 37.

The City agrees to defend, indemnify, and hold harmless the Association and its officers, agents, representatives, and officers from any action, at law or in equity, brought by any Deputy Chief or other member(s) of the unit regarding this Section.

Section 7. Appointment of Assistant Chief.

The Chief of Police shall have the right to appoint two (2) Assistant Chiefs which shall be one rank immediately above the rank of Deputy Chief and one rank immediately below the Chief of Police in the chain of command. This Article shall create no positions within the rank of Assistant Chief other than by this Article. As vacancies occur in the rank of Assistant Chief, the Chief of Police shall either appoint an officer or permanently abolish the position within ninety (90) calendar days in accordance with this Section. Should the Chief of Police fail to appoint and the position is permanently abolished, the position of Assistant Chief shall revert to the rank of Captain. Positions within the rank of Assistant Chief shall be filled up to two (2) by the Chief of Police at his sole discretion, within ninety (90) calendar days of a vacancy occurring in that rank. Appointments to the rank of Assistant Chief shall be by the Chief of Police at his sole discretion, provided that the officer promoted is a Commander with one year in the rank or Deputy Chief.

For clarification purposes, effective upon execution of this agreement and effective with the promotion of any officer to the rank of Assistant Chief after October 1, 2002, those officers appointed to the rank of Assistant Chief shall be required as a condition of maintaining the appointed rank to obtain a Master’s Degree from an accredited college or university within twenty four (24) months after being appointed. Effective October 1, 2005, as to officers appointed thereafter only, officers appointed to the rank of Assistant Chief shall be required as a condition of maintaining the appointed rank to obtain a Master’s Degree from an accredited college or university within thirty-six (36) months after being appointed. Assistant Chiefs appointed after October 1, 2002, who have already obtained a Masters Degree prior to being appointed to the rank of Assistant Chief, shall present proof of completion to the Chief of Police within seven (7) calendar days of being appointed to the rank. Assistant Chiefs who have not obtained a Masters Degree must complete and make a passing grade on at least one-half of any Masters Degree requirements they have left to obtain in an approved Masters Degree program every twelve (12) months after being appointed to the rank of Assistant Chief until such time as a Masters Degree is awarded. Effective October 1, 2005, Assistant Chiefs who have not obtained a Masters Degree must complete and make a passing grade on at least one-third of any Masters Degree requirements they have left to obtain in an approved Masters Degree program every twelve (12) months after being appointed to the rank of Assistant Chief until such time as a Masters Degree is awarded. Assistant Chiefs will submit proof of the completion of the required hours to the Chief of Police and the Association on their annual promotion date until such time a Masters Degree is obtained. Assistant Chiefs who fail to complete this requirement within the specified time periods shall be demoted within ten calendar days after verification by the Chief of Police of the Officer’s non-compliance. Officers shall be demoted to their previous civil service rank and seniority. Officers who were grandfathered as Deputy Chief’s in Section 5 shall be additionally grandfathered under this section.

Any officer appointed to the rank of Assistant Chief may be demoted to their last tested civil service rank at the sole discretion of the Chief of Police without appeal to the Commission and/or Arbitration. Any officer appointed to this rank may, further, voluntarily return to their last tested rank at any time. Upon demotion or voluntary return to the previously-held tested rank pursuant hereto, the officer shall receive thereafter the full benefits provided in Chapter 143, Local Government Code, and this Agreement as if he had served in that rank on a continuous basis throughout his tenure as Assistant Chief, and any other non tested appointed rank. An officer appointed to the rank of Assistant Chief may be terminated for cause, provided that such termination shall be subject to appeal in the same manner as applicable to all classified uniformed officers in the Department.

Assistant Chiefs appointed by the Chief of Police pursuant to Article 11, Section 6 of this Agreement, may receive administrative leave for work performed in excess of their regularly scheduled duties. Said leave time may be granted at the discretion of the Chief of Police, subject to the scheduling and manpower contingencies that may arise.

Officers appointed to the Assistant Chief position by the Chief of Police as provided for in Article 11, Section 7, supra, of this Agreement, shall be compensated at an annual salary of not less than eight percent (8%) above the rate of a Deputy Chief’s base pay plus longevity (a 30 year Captains base pay at Step B + .18 times that base pay). The officers so assigned shall be entitled to all benefits as contained in the following specified Articles of this Agreement: Articles 1; 2; 3; 4; 5; 6; 7; 9; 10 Section 3; 11 Section 7; 14 Section 1; 16 Sections 2; 17; 19; 20 (without premium pay); 21; 22 Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11; 23; 28; 29; 30; 31; 32; 33; 34; 35; 36 Sections 1, 2, 4, 5, 6; and 37.

The City agrees to defend, indemnify, and hold harmless the Association and its officers, agents, representatives, and officers from any action, at law or in equity, brought by any Assistant Chief or other member(s) of the unit regarding this Section.

ARTICLE 12

Seniority

Section 1. Seniority Defined.

Seniority in this Article shall be defined as the length of service by an officer within his civil service classification. All other factors being equal, seniority is the determining factor in the assignment of relief days and vacation days and operates within a section, unit, or detail for purposes of this Article. Assignment of sections or districts shall not be subject to the provisions of this Article, except in Section 6.

Section 2. Six-Month Requirement.

When an Officer transfers from one section, unit, or detail to another, there shall be no bumping of a less senior officer out of relief days or vacation days to which the less senior officer has been assigned. However, when prime relief days become open, the incoming officer, including officers newly-promoted, may, after serving in the section, unit, or detail for six (6) months, then exercise his seniority in bidding for the prime time. Vacation shall be handled in the same manner in that no officer shall be denied vacation already scheduled; but, during the next round of vacation assignments, the senior officer chooses before the junior officer. In the event of a simultaneous transfer, i.e., one officer is moved out at the same time another officer is moved in, the incoming officer is not entitled to assume the relief days and vacation days of the outgoing officer, even though his seniority is greater than other officers in the section, unit, or detail; otherwise, the incoming officer is placed in his respective position as to date of rank and bids with others as the next days and dates become available.

Section 3. “All Other Things Being Equal” Defined.

“All other factors being equal” is intended to relate to the total performance of an officer. In the event an officer is denied prime time because of "unequal factors", it shall not be for an isolated instance of poor or substandard performance, but it may come about because of a consistent pattern of overall substandard performance.

Section 4. Military or Duty-Connected Disability.

Time spent in the Armed Forces on military leave of absence and other authorized leaves and time lost because of duty-connected disability shall be included in length of service.

Section 5. Seniority Tie-Breaker.

Seniority shall be a factor in promotions and layoff or recall consistent with State law and City ordinances and regulations. In the event of a tie in the seniority of two or more officers, the officer placing highest on the hiring or promotional list shall be the senior.

Section 6. Certain Officer Transfer Rights.

This Section applies only to those officers holding the rank of Patrol Officer assigned to the Day (A Shift), Evening (B Shift), or Dog Watch (C Shift) shifts of the Uniformed Patrol Division. To the extent that this Section differs with Sections 1, 2, 3, 4, or 5 above, this Section shall prevail so far as the affected shifts are concerned.

When an assignment is declared vacant in a section of the Day (A Shift), Evening (B Shift), or Dog Watch (C Shift) shifts of the Patrol Division, the opening shall be awarded to the most senior officer on that shift of the applicable rank who voluntarily requests that assignment. In the event no officer of the applicable rank from that shift requests the assignment, any officer of applicable rank from the remaining two shifts may request the position and it shall be awarded to the most senior officer.

Once an officer has been transferred, he will then be able to exercise his seniority based on the next available opening on that shift; provided, however, that officers transferring from outside the three affected shifts shall not be eligible to exercise their seniority rights until six months have expired from entry into the affected shifts with the sole exception that officers transferring into or out of one of the Uniformed Patrol shifts shall be entitled to use his seniority in bidding on vacancies in conformance with this Section immediately.

Officers transferring from one of the Uniformed Patrol shifts to another shift or to another unit or division shall lose their vacation request time and will have to put in for a new vacation schedule based on available openings on that shift.

Any officer covered by this Section may be removed from a position he occupies to another position within the three specified shifts, provided such is done on the basis of reverse seniority (i.e., beginning with the least senior person). Probationary officers have no protection under this article. The Resource Management Unit or the FTO Coordinator controls probationary officer assignments.

Nothing in this Article shall be construed to limit in any fashion any right currently vested in the City by virtue of this Agreement, except as explicitly modified by this Article and such modification shall be limited solely to the specific provisions of this Article. These rights include, but are not limited to, the right to determine when a vacancy exists, to determine the number of positions to be assigned to a division or shift, to transfer any person from the three shifts covered by this Article to any position outside of those three shifts, to make assignments of officers not covered by this Article, and to make assignments of officers affected by this Article in conformance with the provisions contained herein.

Section 7. Personnel Career Activity System.

All officers requesting transfers to positions outside of the three uniform patrol shifts will utilize the Personnel Career Activity System (PCAS).

All officers who hold the rank of patrol officer or detective investigator who apply for a position through PCAS and who are not selected, and who request same in writing through the chain of command to the Captain of the Unit to which the officer was not selected, shall be given the true reason for rejection in writing within fourteen (14) calendar days of the date the request was received by the non-selecting Captain.

Within fourteen (14) calendar days of receiving a written rejection, an affected officer may submit a written appeal to the Deputy Chief who supervises the non-selecting Captain. The Deputy Chief shall affirm the rejection or overturn the rejection in writing within fourteen (14) calendar days of receipt of the appeal.

Appeals and responses under this section are not subject to Article 15 (Grievance Procedure) of this Agreement, nor may be used in any official proceeding, unless such response includes a violation of Article 4, Section 2 (Management Duties to the Association) of this Agreement.

ARTICLE 13

Hours of Work

Section 1. General Provisions.

A. Work Period. Officers will continue to work a seven-day work period in accordance with past practice, as opposed to other work periods under the Fair Labor Standards Act. A “work period” means a regularly repeating seven day calendar cycle that consists of five, 8 hour or four 10 hours days.

B. Contractual Overtime Provision. By past practice and through this Agreement, the City has established a pay pattern that allows officers to receive overtime payment in pay or compensatory time for any hours outside of the officer’s regularly scheduled shift or workday. Nothing in the Agreement including Section 1(C) below is intended, designed, or will change this practice. The City agrees it will continue to pay officers for overtime in pay or compensatory time in accordance with this Agreement for any hours outside of the officer’s regularly scheduled shift or workday.

C. FLSA 207k Partial Exemption. The City and the Association agree, that under the federal Fair Labor Standards Act, the City is entitled to the 43-hour exemption from payment of FLSA statutory overtime compensation. This means that the City is not required by federal law to pay overtime to officers until after the officer has worked 43 hours in a workweek. Within the context of this Agreement however, the City shall continue to pay all contractual compensation in accordance with Article 8 Maintenance of Standards, and in accordance with Section B above, which is enforceable by the grievance procedure of this Agreement. However, the City retains the right under Article 7, Management Rights, to change any process, accounting procedure, forms, periods, or other aspects of accounting practices if it reasonably determines that such change is necessary to comply with state or federal overtime law. The City and the Association agree that the City shall not be obligated in any FLSA enforcement lawsuit to pay overtime until a 43-hour threshold is reached.

Section 2. Local Government Code Section 142.0015 Override.

Section 142.0015 of the Local Government Code provides among other things, that officers may not be required to work over 40 hours in a week unless an “emergency” has been declared. Texas law, including but not limited to Section 174.006(a) of the Local Government Code, allows the parties to this Agreement to override and change that standard, and the parties expressly agree to override it. Accordingly, the Chief or any supervisor shall continue to be entitled to require work by officers beyond the regularly scheduled shift hours in a day, and over and above the 40 regularly scheduled hours within a seven-day work period. This practice, which the parties agree is both legal and proper without the need for a declaration of “emergency,” will continue as a benefit to both the City and the Association, as a contract provision which has been continuously in effect under all previous collective bargaining agreements. Any claim for additional wages based upon Section 142.0015 is expressly waived in consideration of the finalization of this agreement.

Section 3. General Provisions.

Officers who are not subject to shift work shall work eight (8) consecutive hours except for interruptions for lunch periods. The workday shall conform to those hours set by the City Manager for the other City employees who work regular non-shift work. The hours presently prescribed are from 7:45 a.m. to 4:30 p.m., with forty-five (45) minutes for lunch.

City policy has for some time permitted two fifteen (15) minute coffee and/or rest breaks per day when they can be taken without serious interference with the work at hand. Such breaks are normally taken mid-morning and mid-afternoon for officers working non-shift, and for shift workers at comparable time during the shift. This policy shall continue to apply to the Department; however, the missing of any coffee and/or rest breaks because of the press of business shall not be grounds for overtime payment or for a grievance.

If an officer requests a thirty (30) minute meal break and is denied such request because of press of business a second time within such shift, and as a result thereof requests thirty (30) minutes of compensatory time or pay at straight time, said officer must submit an "incident report" to the Section Sergeant as to the reasons why the officer could not take said meal break. The granting of or the refusal to grant the compensatory time or pay at straight time by the Section Sergeant shall be final and binding on the officer, with no rights of appeal to the Commission and/or grievance and arbitration as provided elsewhere in this Agreement.

The City will continue to compensate officers who work shifts for the thirty minute lunch, coffee and/or rest breaks; however, the time permitted by this article for those time periods shall in no event constitute time actually worked by an officer unless that officer is ordered by a supervisor to resume duties, or obtains supervisory authorization to do so. Notwithstanding this provision for compensation as to lunch, coffee, and/or rest breaks, officers remain within full coverage and benefits, not limited to life insurance, health insurance, and Texas Workers’ Compensation Act, if the officers are traveling to or from lunch or breaks or during lunch or break time and are performing activities that are in furtherance of the affairs or business of police work. This shall apply unless the activities are specifically excluded by the provisions of the Texas Worker’s Compensation Act and the rules of the Texas Workers’ Compensation Commission, or are excluded by the standards set forth in Article 35 of this Agreement.

Officers who have by practice worked an eight (8) or ten (10) consecutive hour workday, which included a thirty or forty-five minute lunch break, and are not specifically covered by the sections below will continue to do so.

Section 4. Hours for Certain Patrol Division Units.

Officers working on the Daylight (A Shift), Evening (B Shift), or Dog Watch (C Shift) Shifts of the Patrol Division or the daylight or night shift of CID shall work a seven (7) day work period, with daily hours compensated at straight-time according to assignments as follows:

The Patrol Daylight “A” Shift shall work from 6:00 a.m. to 2:00 p.m. or from 6:30 a.m. to 2:30 p.m., with thirty (30) minutes for lunch and two fifteen (15) minute coffee breaks.

The Patrol Evening “B” Shift shall work from 2:00 p.m. to 10:00 p.m. or from 2:30 p.m. to 10:30 p.m., with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks.

The Patrol Dog Watch or Night “C” Shift shall work from 10:00 p.m. to 6:00 a.m. or from 10:30 p.m. to 6:30 a.m., with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks.

The Downtown Foot/Bicycle Patrol Unit officers shall be assigned to work one of two (2) ten-hour shifts per day, daylight shift 7:30 a.m. to 17:30 p.m. or 17:30 p.m. until 3:30 a.m., with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks.

Section 5. Hours for Certain Units.

Officers working on the daylight or night shift of CID or who are assigned to positions equivalent to those assigned to CID and who investigate criminal cases, file charges and dispositions, or who work in an undercover capacity shall work a seven (7) day work period with daily hours compensated at straight-time as follows:

A. Officers below the rank of Lieutenant assigned to the daylight shift in CID or equivalent as described above may work from 7:30 a.m. to 6:00 p.m., with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks.

B. Officers below the rank of Lieutenant assigned to the night shift in CID or equivalent as described above may work from 7:00 p.m. to 5:30 a.m., with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks.

C. Officers above the rank of Sergeant in the units operating under the ten (10) hour work day shall continue to work a tour of duty consisting of eight (8) hours and forty-five (45) minutes, with forty-five (45) minutes for lunch and two fifteen (15) minute coffee breaks, and shall be entitled to Saturday and Sunday as their regularly assigned relief days.

D. Officers subject to the ten (10) hours, four (4) day workweek shall include, but not be limited to, the following:

Off-Duty Employment

Property Crimes

Homicide

Robbery

Sex Crimes

Night C.I.D. Detectives

Repeat Offenders Program

Surveillance Detail

Financial Crimes

Vehicle Crimes

Wrecker Service

Officers assigned to the above units will continue to work the hours currently prescribed for those units and with lunch and break hours currently provided. It is not the intent of either the City or the Association to delete any unit currently operating under a four (4) day workweek as of the effective date of this Agreement.

Breaks are normally taken midway through the first half and midway through the second half of a tour of duty. The missing of any coffee and/or rest breaks because of the press of business shall not be grounds for overtime payment or for a grievance.

Section 6. Adjustment of Working Hours.

The Chief shall have the right to adjust the working hours, and starting and ending time of any shift, or the units of C.I.D. covered by the ten (10) hour work day provided that such change does not cause an employee to work in excess of an average forty (40) regularly scheduled hours in a work period. In no case shall any changes in starting and ending times of shifts covered by Section 4 and 5 above exceed one hour in each calendar year. In the event the Chief decides to exercise his rights pursuant to this section, he shall notify the President of the Association in writing of the anticipated adjustment at least thirty (30) calendar days prior to implementation. The Association shall have fourteen (14) days from the date so notified to submit any comments or objections to the proposed change in writing to the Chief. If objection is expressed by the Association, representatives of the Association and the Chief shall meet to discuss the anticipated adjustment within the next succeeding five (5) days. This right shall not be subject to appeal pursuant to the grievance procedure contained in Article 15 of this Agreement, with the sole exception that the issue of regularly scheduled work in excess of the average forty (40) hours in a workweek may be appealed pursuant to the grievance procedure. Nothing in this section shall be construed in any fashion to limit the Chief's right to establish the working hours of units not covered by Sections 4 and 5 above.

ARTICLE 14

City Property/Off-Duty Employment Office

Section 1. Introduction.

The existing policies for off-duty employment shall prevail, except that on matters involving jurisdiction or conflict of interest, the Chief shall have the right to amend the existing policies, subject to grievance procedure outlined in Article 15 of this Agreement. Provided, however, this article shall no longer permit a distinction between public and private events nor between for-profit and non-profit entities.

Section 2. Off Duty Office.

The City shall establish an office staffed with a minimum in rank of one Sergeant, sworn support personnel, on-duty transportation and office equipment necessary to handle requests of officers to work at City facilities. Such office shall be located in the Convention Center complex. Office space only, without additional staffing, shall be provided at the Alamodome.

Section 3. Use of Sworn Personnel at City Facilities.

A. The City shall utilize only sworn officers for the purposes of providing security, crowd control, and other police-related activities at all City facilities. This shall not include ticket takers, badge checkers, or individuals whose duty is to enforce house rules. The Association recognizes that the City has legitimate reasons to work with performers or entertainer’s special security needs. The City shall include in every contract for the use of City facilities that any vendor or lessee using said facility shall use only sworn officers procured through the off-duty employment office for security, crowd control and other police-related activities while using the facility, and that number of officers determined to be necessary by the off-duty employment office shall be paid by the vendor or lessee.

For the purposes of this article, City facilities shall include only the following:

(1) The Convention Center Exhibit Halls and Banquet Halls or future expansions

(2) The Lila Cockrell Theater

(3) Market Square

(4) Market Square’s Centro de Artes Ballroom; Fiesta Room; and Farmers Market

(5) La Villita

(6) The Alamodome

(7) Municipal Auditorium

B. All officers assigned to work at City facilities on an off-duty basis shall be compensated as follows. Police Officers, regardless of seniority or other compensation, shall be paid at 1.2 times the officer’s straight time rate (not including longevity) for an officer at Step C of the salary schedule found in Attachment 2 of this agreement. All supervisors, regardless of rank or seniority, shall be paid at 1.2 times the straight time hourly rate for a Sergeant (not including longevity) if working in a supervisory capacity for the vendor. The straight time rate shall be computed by multiplying the officer’s appropriate monthly rate from Attachment 2 by twelve (12) months and dividing that product by 2080 hours in a work year. All payments will be made utilizing the officer’s bi-weekly payroll check.

C. The office of the Chief of Police shall have the responsibility of staffing all City facilities with sworn officers. The number of officers needed at any one such property or facility shall be within the exclusive prerogative of the Chief. The Chief shall establish and maintain a Department Procedure for administering this Section. The special order shall include sign-up, notification on a rotating basis, and other policies necessary for the administration of this Section.

D. The City agrees to pay officers who work any Fiesta events and related activities in an off-duty capacity at double their base pay plus longevity. The City agrees to maximize the use of off-duty personnel who have signed up on the volunteer roster, and to minimize the use of on-duty personnel, subject to the other provisions herein. Fiesta activities and events will be those that are defined in the Official Fiesta Calendar published each year by the City and the Fiesta Commission. Events such as basketball games, concerts, or trade shows unrelated to Fiesta during the calendar days of Fiesta shall be paid at the regular overtime rate unless insufficient volunteers sign up for such events, then all volunteers whether or not from Fiesta volunteer roster shall receive Fiesta pay. Easter Sunday will not be covered under this Section but is covered under Article 20, Holidays, and Section 1.

E. The City and the Association shall not grant any exceptions to this Article, with the sole provision being that officers who “volunteer” their time without remuneration, of any type, may work events for charitable events. “Volunteers” are not exempt from the requirements for off-duty employment of City facilities, even where such volunteers under this paragraph are working on City facilities, and written permission for volunteers to work on City facilities must be approved by the Office of the Chief or his designee.

F. Nothing in this Article precludes the City from utilizing personnel from private security companies to provide day-to-day security for any of the facilities listed paragraph A, above.

G. The City shall first be required to call or otherwise make available the opportunity for off-duty placement to SAPD personnel, and then to non-SAPD certified peace officer City employees. After having done so, the City may fill any remaining need for certified personnel with employees of other agencies outside the City organization.

H. The Association, on behalf of the Department, will apply and coordinate any paperwork necessary to comply with the Private Security Act of Texas.

I. Section 7(p)(1) of the Fair Labor Standards Act makes special provisions for officers of public agencies that, at their own option, perform off-duty employment. This FLSA section provides that the City may facilitate the employment or affect the conditions of the officer’s off-duty employment. Additionally, the City may keep a roster and select from the roster, negotiate the officers pay, retain a fee for administrative expenses, require the individuals who are hiring the officers to pay the costs directly to the City and establish procedures for the officers to receive their pay, and require officers to observe normal standards of conduct during their off-duty employment and enforce such requirements through disciplinary action

Since the off-duty employment provision was placed into the Agreement in 1988, the City and the Association have worked together to assure compliance. The Agreement of 1988 established an off-duty employment office and established off-duty compensation at the rate of 1.5 times an officers overtime rate in accordance with the officer’s rank. This was renegotiated in 1994 and reduced to 1.2 times the straight time for an officer at Step C. Additionally in 1994, the City agreed to provide officers the opportunity to take compensatory time instead of pay for off-duty purposes. This was considered a pass through of the pay benefit and was not intended or designed to impugn the separate and independent employer relationship outlined in Section 7. This Agreement removes the compensatory time payment allowance to eliminate any challenge to that relationship. In furtherance of the Agreements, the City has paid officers in the rare instances where vendors did not pay. This was considered an important benefit to officers and not designed or intended to alter the separate and independent status of outside interests utilizing city facilities. The City and the Association have a continued relationship within the scope of the Agreement that allows the City to negotiate officer pay rates and conditions of off-duty employment while maintaining a separate and independent status from the individuals contracting to utilize city facilities and off-duty police officers.

J. Officers participating in the off-duty employment opportunities provided through this Agreement are working off-duty for the lessees of city facilities and not for the City or the Department. In the event of any ruling or holding by a Court or any determination by the Department of Labor that non-payment by vendors makes the City liable for FLSA overtime as the employer of officers, the City may require that officers sign an agreement agreeing to look solely to the vendor for payment; provided, however, that the City will implement reasonable practices for collection of accounts in order to achieve collection of such amounts in a commercially reasonable manner

K. In the event of any ruling or holding by a Court or any determination by the Department of Labor that results in altering or changing the benefits provided by this Agreement under this Article or challenges the ability of the City to determine compensation under this Article, the Association agrees that the City shall not be subject to provide additional wages, compensation, or incentives of any kind beyond that which is specified in this Article for purpose of off-duty employment at city facilities. To assure this outcome, the City and the Association agree to meet within ten (10) calendar days of the ruling, holding, or determination in an effort to resolve any conflicts with this Agreement. In the event that a compromise cannot be reached within the ten (10) calendar day window period, the City and the Association will submit all unresolved issues within thirty (30) calendar days before a neutral arbitrator selected by the parties. If the parties are unable to agree on an arbitrator, the parties will each submit the name of a qualified neutral person with DOL, judicial, or litigation experience in overtime and FLSA compliance in matters involving law enforcement officers. The two neutrals will select a third qualified neutral with the same experience who shall serve as the chairman of the arbitration panel. The dispute shall be submitted to the arbitration panel within ten (10) calendar days of their appointment. The hearing shall be conducted under Rules 5-10 of the Expedited Labor Arbitration Rules appended hereto as Attachment 1. The arbitration panel shall determine a decision within thirty (30) calendar days of their appointment. The arbitration panel’s authority is limited to all claims or issues under this section, however under no case shall the arbitration panel issue a ruling that has the effect of changing compensation rates provided by this section. The decision shall be final and binding on all parties, and this process shall be exclusive for all claims or issues relating to the ruling, holding or determination which initiates the process. Officers seeking redress for off-duty employment grievances not relating to such issues shall do so on an individual basis and in accordance with the Grievance procedure of this Agreement.

L. Officers shall be paid, in addition to the compensation for hours worked for lessees using City facilities, the City “special event” parking rate, which shall be an additional cost charged to the lessee as a part of total officer security costs. This parking reimbursement shall be paid for one parking rate per day.

ARTICLE 15

Grievance Procedure

Section 1. Scope of Procedure.

The City and the Association agree that the purpose of this grievance procedure is to provide a just and equitable method for resolving disagreements between the parties regarding the interpretation of the provisions of this Agreement. Only matters involving the interpretation, application, or alleged violation of a specific provision of this collective bargaining Agreement shall be subject to this grievance procedure. Disciplinary matters which are subject to the jurisdiction of the Commission pursuant to Chapter 143 Local Government Code are not subject to this procedure but are covered in Article 27 of this Agreement. Where a statutory claim is asserted before any administrative agency or court, which claim(s) arises from the same factual occurrence made the basis of a grievance, the grievance shall be abated until final disposition or settlement of such claim(s), unless the officer agrees with the employer and the Association to submit all claims arising from the same factual occurrence, including statutory claims, to the grievance procedure herein. Any alleged violation(s) of Article 4, Section 2(F), of this Agreement shall not be the subject of a grievance unless there is an Agreement between the parties hereto and the officer to submit such issue(s) to the grievance procedure.

Section 2. Time Limits.

The parties shall adhere to the time limits as set forth in the procedure. In the event the officer or Association fails to meet the time limits at any step of the procedure, the grievance shall be considered satisfied and no further action shall be taken. Failure by the City to meet the time limits at any step shall be considered an unsatisfactory response and shall automatically allow the grievance to proceed to the next step. Such time limits may be waived, however, by mutual consent of the parties in writing.

Section 3. Steps.

A grievance within the scope of this procedure as defined in Section 1 above shall be handled as follows:

Step 1. Any officer having a matter which is felt to be a grievance, first must within twenty-one (21) calendar days of the actual or constructive knowledge of the occurrence or the event causing the problem submit such grievance in writing to the Association with a copy to his immediate supervisor. Said determination of whether a grievance exists shall be made by an association grievance committee. The Chief may appoint one (1) non-voting member of the committee. The committee may exclude the Chief’s appointed member from deliberations. The grievance committee shall meet and render its decision in writing within thirty (30) calendar days of the receipt of the written grievance by the officer. If the Association exercises this right, the Chief of Police shall be entitled to exclude Association representatives from any administrative meeting, procedure, or process, where their presence or participation has been allowed, notwithstanding the provisions of Article 8.

In the event that the grievance committee decides that a grievance exists, the Association, representing the aggrieved officer, shall prepare a formal written grievance on behalf of the aggrieved officer and proceed to Step 2. Nothing herein prohibits the city from challenging whether a grievance is timely.

It is the intent of the parties to attempt to resolve disputes and grievances over the application, interpretation and enforcement of the Agreement at the lowest level. Nothing herein shall prevent the Association from meeting and conferring with the City, Chief or their designees in an attempt to resolve the alleged grievance before the time limits in Step 1 expire.

Step 2. If a grievance is believed to exist, it shall be presented in writing to the Chief. The Chief shall have fourteen (14) calendar days to act on the grievance and render a decision in writing.

Step 3. If the grievance is not resolved at Step 2, the matter shall be submitted in writing to the Human Resources Director within seven (7) calendar days from the decision at Step 2.

The Human Resources Director shall within five (5) calendar days submit the matter to the City Manager who shall review the matter and shall render a decision in writing within fourteen (14) calendar days. The Human Resources Director shall obtain the response from the City Manager or his representative and contact the President of the Association of the response and results within five (5) calendar days.

If the grievance has not been settled at Step 3, the parties shall have seven (7) calendar days from the date the Human Resources Director notified the President of the Association, in which to appeal the grievance to arbitration for adjustment. An appeal from the Association shall be submitted in writing to the Human Resources Director. Since the City may also grieve against the Association, any grievance by the City against the Association will be filed directly with the President of the Association; and, if not settled within seven (7) calendar days, may be submitted to arbitration for adjustment.

A grievance contesting action by the City Council or City Manager shall be filed at Step 3 instead of Step 2.

The President of the Association may file a class action grievance on behalf of bargaining unit members similarly situated at Step 1 within twenty-one (21) calendar days of the officer or officers’ actual or constructive knowledge of the occurrence or event causing the problem.

The chief’s representative to the Association grievance committee may submit for the committee’s consideration any evidence that the grievance has been addressed or resolved in a previous grievance or an arbitrator’s award. If the current grievance, or an issue of the current grievance, is determined by the Grievance Committee to have been previously resolved, the current grievance, or the issue of the current grievance, will be deemed as denied by the Grievance Committee and the grievant will be bound by the previous resolution.

With the exception of all grievances filed prior to the date of execution of this Agreement, if a grievance has not been finally resolved within three hundred and sixty five (365) calendar days from the date of appeal to arbitration, and no mutually agreed time extensions exist or are requested by either party to the grievance, the grievance will be deemed to have expired. Grievance extensions will not be unreasonably denied under this paragraph.

Section 4. Arbitration.

If a grievance is submitted to arbitration, within fourteen (14) calendar days, the City and the Association shall agree upon an arbitrator. The parties may mutually agree to elect to use a panel arbitrator or expedited process pursuant to the provisions in Article 27 (Disciplinary Actions). For this purpose, the parties may agree in writing to utilize one or more arbitrators for a specified period of time, provided that either party may request selection on any specific matter as follows: If the parties fail to agree upon an arbitrator, a list of seven (7) qualified neutrals shall be requested from the American Arbitration Association (AAA). Within fourteen (14) calendar days from receipt of the list, the Association and the City shall alternately strike names on the list and the remaining name shall be the arbitrator.

The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association. The parties, by mutual agreement, may request that the hearing be held in accordance with the Expedited Labor Arbitration Rules which are found as Attachment 1 to this Agreement and are incorporated herein by reference.

Upon written request delivered at least seven (7) calendar days prior to the date of the hearing, a party to the proceeding shall provide 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 as is appropriate to the nature of the case, 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 seven (7) calendar days prior to the hearing.

The arbitrator shall not have the power to add to, amend, modify, or subtract from the provisions of this Agreement in arriving at his decision on the issue or issues presented and shall confine his decision to the interpretation of this Agreement. The arbitrator shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him. The decision of the arbitrator shall be final and binding upon the City and the Association.

The City shall bear the expense of any witnesses called by the City. The Association shall bear the expense of any witnesses called by the Association. The City and the Association shall share equally the fees and expenses of the arbitrator.

ARTICLE 16

Wages

Section 1. Wage Schedule.

Effective October 1, 2006, an across-the-board 3% wage increase.

Effective May 1, 2007, an across-the-board 2% wage increase.

Effective October 1, 2007, an across-the-board 3 % wage increase.

Effective May 1, 2008, an across-the-board 2% wage increase.

Effective October 1, 2008, an across-the-board 4% wage increase.

A. Police Officer Rank Step Schedule.

Wages shall be paid in accordance with the schedule outlined in Attachment No. 2, and incorporated herein. Upon successful completion of thirty (30) weeks, an officer becomes a Police Officer, Class 600, Step A, and shall be entitled to all pay and benefits of that class. A Police Officer shall serve one (1) year in Step A and then will be moved to Step B of the pay schedule, upon completion of the education requirements contained in Article 31, Section 2. Upon completion of five (5) years of commissioned service, an officer is moved from Step B of the pay schedule to Step C.

Police Officers with at least ten (10) years seniority in rank and forty (40) accredited college hours or fifteen (15) years seniority in rank shall be eligible for Step D which shall be two percent (2%) increase above a Step C.

Police Officers with at least fifteen (15) years seniority in rank and sixty (60) accredited college hours or twenty (20) years seniority in rank shall be eligible for Step E which shall be two percent (2%) increase above a Step D.

Effective October 1, 2008, Police Officers with at least twenty (20) years seniority in rank and sixty (60) accredited college hours or twenty-five (25) years seniority in the rank shall be eligible for Step F which shall be two percent (2%) above a Step E.

Those police officers who have achieved Step D, E or F may be identified by an appropriate insignia approved by the Chief to be worn on the sleeve of the uniform shirt and/or jacket.

B. Detective Rank Step Schedule.

Detectives with at least five (5) years seniority in rank and forty (40) accredited college hours or ten (10) years seniority in rank shall be eligible for Step B which shall be three percent (3%) increase above Step A, i.e., entry level into the Detective rank.

Detectives with at least ten (10) years’ seniority in rank and sixty (60) accredited college hours or fifteen (15) years seniority in rank shall be eligible for Step C that shall be three percent (3%) increase above Step B.

Effective October 1, 2008, Detectives with at least fifteen (15) years seniority in rank and sixty (60) accredited college hours or twenty (20) years seniority in the rank shall be eligible for Step D that shall be two percent (2%) above Step C.

C. Sergeant Rank Step Schedule.

Sergeants with at least five (5) years seniority in rank and sixty (60) accredited college hours or ten (10) years seniority in rank shall be eligible for Step B which shall be two percent (2%) increase above Step A, i.e., entry level into the Sergeant rank.

Effective October 1, 2008, Sergeants with at least ten (10) years seniority in rank and sixty (60) accredited college hours or fifteen (15) years seniority in the rank shall be eligible for Step C which shall be two percent (2%) increase above Step B.

D. Lieutenant Rank Step Schedule.

Lieutenants with at least five (5) years seniority in rank and sixty (60) accredited college hours or ten (10) years seniority in rank shall be eligible for Step B which shall be two percent (2%) increase above Step A, i.e., entry level into the Lieutenant rank.

Effective October 1, 2008, Lieutenants with at least ten (10) years seniority in rank and sixty (60) accredited college hours or fifteen (15) years seniority in the rank shall be eligible for Step C