Collective Bargaining 20 Flashcards by David Pianfettii

Collective Bargaining Agreement

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.

Page 9 Preamble collective bargaining agreement

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Collective Bargaining Agreement

Association” means the ____________________________.

San Antonio Police Officers’ Association

ARTICLE 2 Definitions Collective Bargaining Agreement

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Collective Bargaining Agreement

“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 below, and in no event shall more than __________ be allowed to attend meetings in an on-duty status.

twenty (20)

ARTICLE 2 Definitions (page 9) CBA

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Collective Bargaining Agreement

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

inclusive

ARTICLE 2 Definitions (page 9) CBA

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

Chief

ARTICLE 2 Definitions (page 9) CBA

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“______” means the City of San Antonio.

City

ARTICLE 2 Definitions (page 9) CBA

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“_______” Manager means:

the City “__________” of the City of San Antonio.

City Manager

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“Commission” means the _________________ Civil Service Commission of the City of San Antonio.

Fire Fighters and Police Officers

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“Days” as used in Article 28 and Article 29 for disciplinary action shall be defined as ______________ day.

an eight (8) hour

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“________________” 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.

Executive Board

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“Gender” Reference to the male gender throughout this Agreement ______________________ reference to the female gender.

shall have equal force and include

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

Grievance

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“____________” means time in service in the Department from the date the employee became a probationary Police Officer.

Longevity

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“Member” means:

either member of the Association or member of the bargaining unit.

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

Chief of Police.

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“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, “__________”, “__________”, 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.

“slowdowns”, “sickouts”, and the intentional failure to make arrests

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“Working days” means each day ___________________.

exclusive of weekends and holidays.

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The __________ shall deduct monthly Association dues from each individual member who has voluntarily authorized Association dues deductions. The letter requesting Association dues deduction shall be signed by the _______________________.

City / President of the Association

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

Association

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Any individual member of the bargaining unit wishing to voluntarily withdraw his authorization for Association, CLEAT, or POLPAC dues deductions and ____________, must identify himself and personally sign the appropriate form in the Police Department Accounting Office at Headquarters.

not in uniform

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On __________________ 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.

October 1st of each year

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Requests for leave by Association board members shall be made in writing by the Association President to the Chief. The Association President shall annually submit a list of the names of____________ 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.

ten (10) members

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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 _________________ from the revocation or addition of the deduction.

thirty (30) calendar days

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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 ____________________ 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.

fourteen (14) calendar days

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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 ___________________________________. 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.

spread over a period of months upon reasonable notice to the City

_________________ 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.

The Executive Board

The Association's negotiating team, not to exceed _______________, 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.

six (6) members

The City agrees that the President of the Association will be placed on _______________ during the term of his presidency. The __________________ 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.

special assignment

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

Accounting Office / Accounting Office

**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 Association President, as part of his Association duties, reserves the right, as in the past, to mitigate grievances at all ________and __________ 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 work life for the police officers of the City of San Antonio whom he represents

informal and formal

The City shall grant Association leave paid in accordance with Article 3, Section 2(E) to a maximum of _________ 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. An additional ________ members shall be eligible for Association Business Leave for conferences, occasions, events or meetings when the need for such additional personnel is legitimate, no more than ________ times per year. It is understood and agreed that a request under this exception shall be subject to modification or denial by the Chief where a reasonable basis exists, taking into account the staffing needs of the Department.

ten (10) five (5) five (5)

The Association may maintain ______ bulletin board at each of the decentralized stations or other police facilities and ______ bulletin boardsat the headquarters building.

one (1) two (2)

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.

Notices or announcements ___________ contain anything political, or anything reflecting on the City, any of its employees, or any labor organization among its employees.

shall not

Members of the Board of Directors. Members of the Board of Directors who are on duty shall be permitted to attend the _______ regularly scheduled board meetings each month, and up to _________ 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.

two (2) two (2)

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 _____________. Prior to speaking at such roll calls, the Association representative shall notify the appropriate supervisor that he intends to speak.

ten (10) minutes

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 ________. The President of the Association shall notify the Academy Commander in writing in __________ of the preceding year of the Association’s intent to use a ____________ block with the yearly in-service training beginning in January of each year. The Academy Commander shall schedule the __________ block and notify the Association in writing of the dates and time to appear.

one (1) hour. November one (1) hour one (1) hour

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 _____________. Unless mutually agreed upon, such speaking shall be scheduled__________________. The Association shall provide a lesson plan to the Academy Commander and shall permit staff monitoring to assure compliance under this section.

three (3) hours in no less than two (2) one (1) hour thirty (30) minute blocks. (1.5 x 2 = 3)

Discussion by Association representatives _______________________;

shall pertain only to the recreation and social affairs of the Association

The City shall not engage in the following practices:

A. Interfere with, restrain, or coerce 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.

The City shall provide the following materials to every officer:

A copy of special orders, general orders, training bulletins, rules and regulations, Texas Penal Code, Traffic Laws, Code of Criminal Procedure, and a copy of The Collective Bargaining Agreement.

What statement is the 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 refuse to cross any picket line by whoever 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.

The Association recognizes the City's existing right to establish and enforce rules and regulations, special directives, 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.

Any person, whether sworn or unsworn, wishing to address Police Officer roll calls on any subject (except _________________________) 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.

bargaining unit members who are running for Association office or shift representative and wish to make a statement concerning an election within the Association.

Chevrolet Tahoe and Ford Crown Victoria marked vehicles having___________ 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 Chevrolet Tahoe or Ford Crown Victoria vehicle assigned to the uniform division having ___________ 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 Chevrolet Tahoe or Ford Crown Victoria vehicles in the uniform division which had ____________ miles or more on its odometer. Prior to ___________ miles, a Chevrolet Tahoe or Ford Crown Victoria 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 Chevrolet Tahoe or Ford Crown Victoria patrol vehicle which has in excess of ___________ 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.

100,000

Ford Explorer Police Interceptor marked vehicles will be retired at __________ miles pending the results of a pilot program test group.

70,000

The Vehicle Maintenance Supervisor shall maintain records on the maintenance of all police vehicles. When a vehicle reaches the ___________ 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 __________-mile mark. This inspection will be accomplished in a timely manner or another vehicle will be provided for the Officer.

30,000

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 $____ 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 $_______ 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.

$300.00

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 _________ years by making a proper request to the Division Commander.

five (5) years

Section 6. Ammunition. In addition to the ammunition provided by the Department for mandatory in-service firearms training, each Officer is entitled to ______________________ rounds of .40 caliber ammunition per year. The Department shall provide all initial and annual ammunition required for annual qualification with a rifle or shotgun, regardless of whether the weapon is Department issued

one hundred (100)

The _____________ shall provide all initial and annual ammunition required for annual qualification with a rifle or shotgun, regardless of whether the weapon is Department issued.

Department

Candidates who purchase study materials and who score ________ or higher on each of the examinations applicable to the promotion sought will be reimbursed for the price of the study materials.

seventy percent (70%)

A final official rank order list shall be created of all eligible candidates in accordance with all the promotional procedures set forth herein. The final list of eligible candidates for the rank of Lieutenant and Captain shall remain in effect for ______________. The final list of eligible candidates for the rank of Detective Investigator and Sergeant shall remain in effect for ____________________. When the Sergeant assessment is initiated, the final list of eligible candidates for the rank of Sergeant will increase from ______________ to _______________.

eighteen (18) months twelve (12) months twelve (12) to eighteen (18) months

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 ________________ during their probationary period.

no less than one (1) calendar month Never happened

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.

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 ___________ degree from an accredited college or university.

Associate’s

Within sixty (60) months after being promoted, Officers promoted to Captain shall be required as a condition of maintaining the rank to obtain a ___________ Degree from an accredited college or university.

Bachelor’s

The Chief of Police shall have the right to appoint a total of _______ Deputy Chiefs which shall be one rank immediately above the rank of Captain and one rank immediately below the Assistant Chief in the chain of command.

six (6)

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 or a Lieutenant provided the Lieutenant has a minimum of two (2) years in rank.

Officers appointed to the rank of Deputy Chief shall be required as a condition of maintaining the appointed rank to obtain a _________ Degree from an accredited college or university within forty-eight (48) months after being appointed.

Master’s

Effective upon the execution of this Agreement, if a Captain or Lieutenant is appointed to Assistant Chief they shall have forty eight (48) months in order to obtain a ________ Degree from an accredited college or university.

Master’s

In the 2009 – 2014 Agreement, the Chief implemented an expansion in the Detective Investigator classified job description in accordance with the provisions of this Article to include ____ Detective Investigator positions. Even if they are on an existing eligibility list, Officers promoted to Detective Investigator after the classification change shall be subject to assignment in both the traditional Detective Investigators positions and in Uniformed Evidence Detective (U.E.D.) patrol assignments.

154

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 premium 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 premium relief days e. 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.

“____________________” is intended to relate to the total performance of an officer. In the event an Officer is denied premium relief days 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.

All other factors being equal

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

shall

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

When an assignment is declared vacant in a section of the Day (A Shift), Evening (B Shift), Dog Watch (C Shift), or the T shift 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 shifts may request the position and it shall be awarded to the most senior officer. If the only officers voluntarily requesting the assignment have not been assigned to one of the Patrol Division shifts for six months (and therefore have no seniority rights), the position shall be awarded to the officer whose seniority rights will be reinstated soonest, regardless of their actual seniority on the Department.

Detectives assigned to the Patrol Division as Uniformed Evidence Detectives shall participate in __________________.

a separate SCHARDS system.

Officers transferring from one of the Patrol shifts to another shift or to another unit or division shall _____ their vacation request time

lose and will have to put in for a new vacation schedule based on available openings on that shift.

Work Period. Officers will continue to work a ________ 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 hour days.

seven-day

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 ____________________ 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 __________________ in accordance with this Agreement for any hours outside of the Officer’s regularly scheduled shift or workday.

pay or compensatory time pay or compensatory time

FLSA 207k Partial Exemption. The City and the Association agree, that under the federal Fair Labor Standards Act, the City is entitled to the _________ 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 __ hours in a workweek

43-hour 43

Section 3. Non-Shift Schedules Officers who are not subject to shift work, or covered by other provisions of this Agreement, 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 __________________ for lunch.

forty-five (45) minutes

Section 4. Break Periods. 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 _________________ be grounds for overtime payment or for a grievance.

shall not

Officers who have by practice worked an eight (8) or ten (10) consecutive hour workday, _________________________, and are not specifically covered by the sections below will continue to do so.

which included a thirty or forty-five minute lunch break

Patrol Officers on the Patrol ______________________ shall work from 6:00 a.m. to 2:00 p.m., with thirty (30) minutes for lunch and two fifteen (15) minute coffee breaks. Supervisors for this shift shall work from 5:30 a.m. to 1:30 p.m.

Daylight “A” Shift

Patrol Officers on the Patrol _____________________ shall work from 1:30 p.m. to 9:30 p.m., with thirty (30) minutes for lunch and two fifteen (15) minute coffee breaks. Supervisors for this shift shall work from 1:00 p.m. to 9:00 p.m.

Evening “B” Shift

Patrol Officers on the Patrol______________________shall work from 5:00 p.m. to 3:00 a.m. with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks. Supervisors for this shift shall work from 4:30 p.m. to 2:30 a.m. There shall be an overlapping shift change with one roll call.

“T” Shift

Patrol Officers on the ____________________________ shall work from 10:30 p.m. to 6:30 a.m., with thirty (30) minutes for lunch and two fifteen (15) minute coffee breaks. Supervisors for this shift shall work from 10:00 p.m. to 6:00 a.m.

Patrol Dog Watch of Night “C” Shift

The Downtown _____________ Patrol Unit officers shall be assigned to work one of two (2) ten- hour shifts per day, daylight shift 7:30 a.m. to 5:30 p.m. or 5:30 p.m. until 3:30 a.m., with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks.

Foot/Bicycle

All supervisors assigned to patrol shifts shall report_____________ prior to their shift and complete the shift ________________ prior to scheduled shift hours with the exception of Bike Patrol.

thirty (30) minutes

If an Officer requests a thirty (30) minute meal break and is denied such request because of press of business ____________ 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.

a second time

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 "___________________" 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.

incident report

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 _____________ 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 ___________________ 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.

Section Sergeant

Officers subject to the _______ hours, _______ day workweek shall include, but not be limited to, the following or successors in function: Off-Duty Employment Property Crimes Homicide Robbery Sex Crimes Night C.I.D. Detectives Repeat Offenders Program Technical Investigations Detail Financial Crimes Vehicle Crimes Wrecker Service

ten (10) | four (4)

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 ________________ to resume duties, or obtains ______________ authorization to do so.

a supervisor / supervisory

Officers below the rank of ______________ assigned to the daylight shift in CID or equivalent as described above may work from 7:45 a.m. to 5:45 p.m., with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks.

Lieutenant

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

Lieutenant

Officers above the rank of ____________ 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.

Sergeant

Section 6. 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: All existing schedules for units or Officers not specifically provided for in this Article remain under the discretion of ___________.

the Chief

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 ________ be grounds for overtime payment or for a grievance.

shall not. 15 minute breaks.

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 5 and 6 above exceed __________ 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) calendar 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 seven (7) calendar days.

one hour 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 5 and 6.

Both parties to this Agreement have a mutual interest in the maintenance of a _______ in the Patrol Division in order to accomplish better Officer availability and coverage during peak periods for police response and patrol activity. The _________ was created and fully implemented in the 2009 – 2014 Agreement. The parties agreed that after full implementation of the __________, at or above ____ allocated positions, the Chief shall have the final authority to determine any later reallocation of Officers among the four shifts, and to manage staffing based upon the need for service, call loads, and other demands on shift personnel. It was further agreed that no grievance would be authorized after full implementation was achieved.

“T” shift 226 allocated positions

Off duty employment The existing policies for off-duty employment shall prevail, except that on matters involving jurisdiction or conflict of interest, _______ 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.

The Chief

The City shall establish an office staffed with a minimum in rank of _______________, 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.

one Sergeant

Officers shall be paid, in addition to the compensation for hours worked for lessees using City facilities, the City “_______________” 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.

the City “special event” parking rate,

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 ____________, _______________, or _________________________________________ of this Collective Bargaining Agreement shall be subject to this grievance procedure.

interpretation, application, or alleged violation of a specific provision

ARTICLE 15 Grievance Procedure 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

ARTICLE 15 Grievance Procedure Step 1. Any Officer having a matter which is felt to be a grievance, first must within ____________________ 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. 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.

twenty-one (21)

ARTICLE 15 Grievance Procedure The Association Grievance Committee shall meet and render its decision in writing within __________________ of the receipt of the written grievance by the officer. 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

thirty (30) calendar days

ARTICLE 15 Grievance Procedure Step 2. If a grievance is believed to exist, it shall be presented in writing to the Chief. The Chief shall have _______ calendar days to act on the grievance and render a decision in writing.

fourteen (14) calendar days

ARTICLE 15 Grievance Procedure Step 3. If the grievance is not resolved at Step 2, the matter shall be submitted in writing to the Human Resources Director within __________ calendar days from the decision at Step 2.

seven (7) calendar days

ARTICLE 15 Grievance Procedure The Human Resources Director shall __________ calendar days submit the matter to the City Manager who shall review the matter and shall render a decision in writing ______________ calendar days. The Human Resources Director shall obtain the response from the City Manager or his representative and notify the President of the Association of the response and results ________________ calendar days.

within five (5) calendar days within fourteen (14) calendar days within five (5) calendar days.

ARTICLE 15 Grievance Procedure Step 4. If the grievance has not been settled at Step 3, the parties shall have _____________ 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 _____________ calendar days, may be submitted to arbitration for adjustment.

seven (7) calendar days seven (7) calendar days

ARTICLE 15 Grievance Procedure Section 3. Steps. A grievance within the scope of this procedure as defined in Section 1 above shall be handled under how many “STEPS” before being sent to arbitration?

4 four

ARTICLE 15 Grievance Procedure 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 _________________ the fees and expenses of the arbitrator.

shall share equally

ARTICLE 15 Grievance Procedure The arbitrator _________ 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.

shall not

ARTICLE 15 Grievance Procedure The arbitrator shall confine himself to the precise issue submitted for arbitration and shall have ______________ 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.

no authority

ARTICLE 15 Grievance Procedure If a grievance is submitted to arbitration, ______________ 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 28 (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). _____________ 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.

within fourteen (14) calendar days Within fourteen (14) calendar days

``` ARTICLE 15 Grievance Procedure The President of the Association may file a class action grievance on behalf of bargaining unit members similarly situated at Step 1 within ____________________ calendar days of the officer or officers’ actual or constructive knowledge of the occurrence or event causing the problem. ```

twenty-one (21) calendar days

ARTICLE 15 Grievance Procedure 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. (And if a prior determination would actually be in the favor of “the grievant”?) pigs flying over a rainbow, and to the moon!

ARTICLE 15 Grievance Procedure 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 ____________________ 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.

three hundred and sixty five (365) calendar days | So, company man, Filibuster the fuck outta it. Smart bitches.

ARTICLE 17 Death in Family Leave In the event of a death in the immediate family of an Officer, the Officer shall be granted consecutive working days off with pay according to the following schedule: Officers working a five-day forty hour week will be granted four (4) consecutive working days off. Officers working a four-day forty hour week will be granted three (3) consecutive working days off. The immediate family shall be defined as ?

mother, father, legal spouse, child, brother, sister, half- siblings, grandparents, spouses’ grandparents, great-grandparents, spouses’ great-grandparents, mother-in-law, father-in-law, grandchildren, step-parent, step-children and other members of the immediate household residing with the Officer.

Unless exclusive permission is received from the Chief of Police, the working days as outlined by this Section shall be taken ____________ calendar days from the date of the death of the family member.

within fourteen (14) calendar days Officers working a five-day forty hour week will be granted four (4) consecutive working days off. Officers working a four-day forty hour week will be granted three (3) consecutive working days off.

ARTICLE 18 Court and Call-Back Pay "Call back" as used in this Article means an Officer having been released from duty for __________ and called back to report to duty by an appropriate supervisor or authority. Officers failing to complete assigned duties and/or tasks within their assigned tour of duty and are called back or held over to complete the assigned duties and/or tasks within ______________ from being released from duty are not subject to “call-back” as outlined in this Article.

fifteen (15) or more minutes fifteen (15) minutes

Additionally, Officers who voluntarily report to duty prior to roll call and are ordered to perform a duty and/or task are not subject to “call-back” as provided in this Article. However, Officers may submit for ________________________ extending from the end of their tour of duty until such time the assignment has been completed (including court time) and they are released by the appropriate supervisor or from the time they are ordered to perform a duty and/or task upon reporting early to work until the beginning of the tour of duty.

time and a half (1-1/2) overtime

Off-duty court time and call back shall be paid at the rate of time and one-half, with a three (3) hour minimum and paid at double time with a three (3) hour minimum on ______________________.

VACATION and relief days!

When an off-duty Officer is requested in more than one court/pretrial conference on the same day, he will be compensated for attending only one (1), if the other appearance times are ___________ ___________________ of the first one.

within three (3) hours For example: • Off-duty Officer Jones attends 130th District Court at 1000 hours and is dismissed at 1100 hours. He then appears in County Court 2 at 1130 hours and is finally dismissed at 1200 hours; Officer Jones submits one card for three (3) hours compensation. (Automatic 3 hours)

When an off-duty Officer attends one court and is released or dismissed prior to the expiration of the three (3) hour time frame and is required to attend a second court immediately after the expired three (3) hours, the Officer will be compensated for ____________________court callbacks.

two (2) separate three (3) hour For example: Off-duty Officer Sanchez attends Municipal Court at 0800 hours and is finally released at 0900 hours. He then attends 130th District Court at 1100 hours and is dismissed at 1130 hours. Officer Sanchez submits two (2) cards, each for a three (3) hour minimum. (3 hours from start time “appearance time)

ARTICLE 18 Court and Call-Back Pay This provision applies to the following courts in work-related matters or the course of employment only:

A. District Courts. B. County Courts-at-Law. C. Grand Juries. D. Justice of the Peace Courts. E. Municipal Courts. F. Civil Service Commission or Arbitration Hearing (when an officer is subpoenaed by the City). G. Texas Alcoholic Beverage Commission hearings. H. Federal Court. I. Administrative License revocation Hearings (ALR). J. Pre trial conferences. K. Pardon and Parole hearings.

ARTICLE 18 Court and Call-Back Pay For purposes of this Article, a vacation period shall be defined as any ___________________ days of paid leave (comp. time, holidays, annual leave) and any relief days occurring within that time period which has been previously scheduled in accordance with regular Departmental policies.

three (3) consecutive days

Relief days _________ be counted as a part of the three (3) day minimum specified above, provided, however, any relief days occurring during the scheduled vacation period which covers the time from the last hour worked before the start of the vacation period and continues until the first hour worked after the scheduled vacation period shall be considered a vacation day for the purpose of this Article.

shall not It really doesn’t matter because both relief AND vacation days are at a double 2.0 x pay.

Relief day shall be defined as covering the time from the last hour worked before the start of the relief day and continues until the first hour worked after the scheduled relief day for the purposes of this Article unless it occurs ____________ _____________________ of the end of the Officer’s duty shift on the last day the Officer worked.

within one and a half (1 1⁄2) hours

An off-duty Officer who is subpoenaed for and participates in a telephone ALR Hearing set by a judge will be compensated for _____________ at a rate of time and one-half and paid at double time rate if he is on vacation or on his relief day.

one (1) hour In the event the telephone ALR Hearing exceeds one (1) hour, the Officer will be compensated for the actual time spent testifying in the ALR Hearing.

When an Officer is subpoenaed by the respondent to a Civil Service or Arbitration hearing he will be granted ___________________ at the rate of one hour per hour required to satisfy the subpoena to a maximum of three (3) hours.

compensatory time

It is understood that _________ is responsible to deliver subpoenas issued by Bexar County and District Courts at an appropriate time to insure that Officers are in court only when their presence is required.

the Chief

The Chief may place Officers on a stand-by not to exceed one (1) hour in the morning and/or one (1) hour in the afternoon. An Officer must receive _______________ from court liaison personnel, District Attorney personnel, County Court or District Court personnel, to be on afternoon standby.

specific notification

ARTICLE 18 Court and Call-Back Pay Officers on a stand-by hours The "a.m." time is set at _________________ The "p.m." time is set at _________________

10: 00 a.m. to 11:00 a.m. 1: 30 p.m. to 2:30 p.m.

ARTICLE 18 Court and Call-Back Pay Stand-by, off-duty on regular work day is __________ compensation at time and one-half. Stand-by, off-duty on vacation or relief day is ____________ compensation at double time.

one-hour one-hour

For an Officer to be placed on standby, he must receive _________________________ from Court Liaison Detail personnel, from a judge, or from a district/county prosecutor or District Clerk.

specific notification

When an Officer is placed on standby by a judge or district/county court prosecutor or District Clerk, he must notify ___________________.

the Court Liaison Detail.

When an Officer is placed on standby, the Officer must be available by his phone during the specified time period. If the Officer is not available by his phone during the specified time period, the Officer will ____________________.

not be compensated.

Officers who are notified by court liaison to appear in court and are subsequently canceled by a proper authority will receive the following: 1. If canceled _________________ of the day before the assigned court appearance date, compensation will be paid according to Section 2, A or B above. 2. If canceled upon arrival at the assigned court, Section 1 of this Article applies.

after 4:30 p.m.

When an Officer on off-duty status is required to be on stand-by for several days in succession on the same subpoena, compensation may be claimed for the court standby for each successive day on standby at the applicable rate. Approval for standby for __________________________ must be received from the Court Liaison prior to being on standby.

more than three (3) days

Officers who are subpoenaed by other jurisdictions and have received compensation from those jurisdictions ____________ be entitled to compensation as provided unless the Officer turns over all funds received from the other jurisdiction to the office of the Chief of Police and validates his attendance by completing the necessary forms.

shall not

ARTICLE 18 Court and Call-Back Pay An Officer shall be paid for all hours worked, including travel time, when traveling to courts outside a __________________ radius of the city.

sixty (60) mile

ARTICLE 19 Clothing Allowance | Each new Officer shall receive an initial clothing allowance of $_________.

$480.00

ARTICLE 19 Clothing Allowance Effective October 1, 2019 the clothing allowance shall be $__________ per year. The clothing allowance will be payable monthly at $60.00 per month. In addition, a one-time payment of $1,420.00 will be paid during the first pay period after October 1, 2019.

$2,140.00 Effective October 1, 2020 the clothing allowance shall be $2,240.00 per year. a one-time payment of $1,520.00 will be paid during the first pay period after October 1, 2020. (This increase is at $100.00 per year since 2016 which started at a total of $1,840.00 and a $1,120.00 lump sum in October 2016)

Premium Holidays include:

1) New Year’s Day, 2) Easter Sunday, 3) Independence Day, 4) Thanksgiving Day, 5) Christmas Eve Day, 6) Christmas Day, 7) New Year’s Eve Day

Each Officer shall be credited with one day of accrued holiday leave for each holiday adopted by the City Council for each year. Any Officer whose start time for the work shift is on a premium holiday shall receive _______ their base pay plus longevity.

regular pay plus one and one-half times

For purposes of ARTICLE 20 Holidays, holiday pay and premium holiday pay shall be paid to the Officer if the start time for the Officer’s work shift ______________________________. Holiday and premium holiday pay shall be paid according to ARTICLE 16 Wages.

begins during the holiday or premium holiday.

Section 3. Staffing of Holidays. The Chief has sole discretion to staff the Department on scheduled City holidays. Such assignments are not subject to grievance or arbitration procedures. Any decrease in staffing on these days will be done by ___________ within the details of the unit.

reverse seniority A “junior officer” will be bumped out of working a premium holiday, if the “senior officer” has not been assigned to the section, unit, or detail six months prior to the premium holiday.

ARTICLE 21 Vacations | The City shall provide Officers vacation time on the basis of the following schedule:

Years of Service. Vacation Time 1 through 10. 126 working hours 11 through 15. 166 working hours More than 15. 206 working hours

Officers shall accrue vacation at the rate of ten (10) hours per month, plus an A. Additional six (6) hours on each anniversary date thereafter. B. On the date an Officer completes ten (10) years of service and on each anniversary date thereafter, he will be credited (on a lump sum basis) with forty (40) additional hours of vacation time. C. On the date an Officer completes fifteen (15) years of service and on each anniversary date thereafter, he will be credited (on a lump sum basis) with forty (40) additional hours of vacation time for a total of eighty (80) hours. D. For purposes of this Article, anniversary date is defined as the annual anniversary of the officer's ________________________________________.

beginning probation with the Department.

ARTICLE 22 Miscellaneous Leave Provisions Leave Pay Upon Separation. A Police Officer who leaves the classified service for any reason shall receive a lump-sum payment in the full amount of his ending salary for the period of his accumulated compensatory time, holiday hours, sick leave hours (as provided by statute), bonus hours, and vacation hours, provided that such payment, in the case of vacation hours, shall be based upon not more than ___________ of accumulated vacation leave. The beneficiaries of any police officer who loses his life as the result of an injury or illness in the course and scope of employment or while employed as an Officer shall be paid the full amount of his salary for the total number of his hours of accumulated leave.

seven hundred and twenty (720) hours

ARTICLE 22 - Miscellaneous Leave Provisions Section 3. Leave Buy Back. The City will buy back or convert either in “pay” or in “other forms of leave,” at the officer’s discretion up to ____ unused sick leave hours on a one-for-one basis provided that the officer requests same in writing on a form provided by the City by the end of the first pay period in October; and the officer has a balance after the buy back of not less than ____________ accumulated sick leave, Sick leave buy back will be paid at the regular rate of pay, which includes the incentive pay used in overtime calculations, applicable to the officer at the time the payment is actually paid to the officer for the leave buy back.

120 one-hundred twenty 400 four-hundred hours

ARTICLE 22 - Miscellaneous Leave Provisions Section 3. Leave Buy Back. _____________, the City will buy back or convert either in “pay” or in “other forms of leave,” at the officer’s discretion up to 8 unused bonus leave hours on a one-for-one basis provided that the officer requests same in writing on a form provided by the City by the end of the first pay period in _________; and the officer has a balance after the buy back of not less than 400 hours accumulated bonus leave. Bonus leave buy back will be paid at the regular rate of pay, which includes the incentive pay used in overtime calculations, applicable to the officer at the time the payment is actually paid to the officer for the leave buy back.

Each October October

The City shall distribute funds in cash or as other forms of leave. The City agrees to allow Officers to _______________ the pay period before or after the sale of leave hours in order for the officer to make contributions to their deferred compensation plan.

adjust their paycheck

The Accounting Unit will run in the Daily Bulletin during the month of_______________ notification to the Officer to file, in writing, for the leave buy back.

September

The City will pay the Officer his amount due at the same time as other City employees are paid for their leave buy back but not later than ____________________.

Christmas Eve day

Section 4. Bonus Hours Leave. Each Officer shall be entitled to 8-hours of leave for each quarter of a calendar year (beginning January 1) of "perfect attendance." Holidays, relief days, special assignments, administrative leave (with or without pay), and time restored by the Commission or an Arbitrator shall not affect the officer's entitlement to the perfect attendance bonus. Officers off from duty for one of the following reasons are not eligible to receive the 8- hour perfect attendance bonus:

time off for sick leave; off-job injury leave; military leave in excess of 120 hours in a calendar year; leave without pay; stress leave; and suspensions. Full vacation days, holidays, and/or compensatory time usage that has *not* been scheduled and documented by the supervisor prior to the end of that officer's preceding day's shift **will** disqualify an Officer from receiving the perfect attendance bonus.

An officer may accumulate no more than ____________ of perfect attendance bonus hour time.

400 hours

Section 5. Compensatory Time Accrual. | Each Officer may accumulate _________ of compensatory time.

480 hours

Section 6. Holiday Leave Accrual. Each officer may accumulate up to a maximum of a ____________________ of holiday leave at the rate of at least _______________ per year.

three hundred and twenty (320) hours eighty (80) hours

Section 7. Leave Conversion. For purpose of clarification only, the following chart details the type of leave and what amounts over the accumulated maximum may be converted into at the discretion of the officer:

* Holiday (320 maximum hours) into Vacation * Vacation (720 maximum hours) into Holiday * Bonus (400 maximum hours) into Vacation/Holiday * Sick (1:1) (as applicable per Section 3 above) into Compensatory Time/Holiday/Vacation Officers who have maximum accumulation in leave accrual that cannot be converted into other categories because of maximum accumulation in those categories are subject to Section 8 of this Article

Section 8. Savings Clause. No officer covered by this agreement shall lose any holiday, vacation, compensatory or bonus hours he accumulated during the duration of this agreement that exceeds the maximum permitted accrual amount allowed by this Agreement, unless, after being given written individual notice to take the holiday, vacation, compensatory or bonus hours within a specified period not less than _________________________, the officer fails to do so.

thirty (30) calendar days

Section 9. Flex Relief Days Armed Forces Reserve or National Guard members will be entitled to flex relief days, (RDs), ____________________ for the purpose of meeting their two-day reserve/guard training commitment. This benefit is in addition to the annual _________________ military leave policy IAW Federal law.

once a month fifteen (15) day

Section 10. Injury-on-Duty Leave. Any Officer may be granted Injury-on-Duty (IOD) Leave by the Chief of Police after _________________ calendar days from the original date of injury.......

three-hundred and sixty-five (365) if: A. Medical documentation from the Officer's physician is provided showing additional medical treatment or procedures are needed and are as a result of the original injury. B. When presented with such medical documentation, the Chief shall have the right to require the Officer to be evaluated by a physician as designated by the City for confirmation of the findings of the Officer's physician. Should the determination of the City's designated physician be different than that of the Officer’s designated physician, the two of them shall select a third physician who shall be supplied all pertinent and relevant records of the officer. This third physician shall evaluate said records and, if necessary as determined by him, conduct an additional medical evaluation of the Officer involved. The determination of this third physician shall be final and binding on parties and not subject to appeal to the Commission and/or grievance and arbitration as provided for in this Agreement. Should the determination of the third, independent physician agree with the Officer's physician, the City shall bear the cost of this third physician's evaluation. If this third physician's evaluation agrees with the evaluation of the City's designated physician, the cost of the third physician's evaluation and examination shall be borne by the Officer. C. The Officer will not be charged any sick leave during any second or other occurring period of an original IOD incident, but will be granted immediate IOD leave. D. If it is determined by licensed physicians that the second or subsequent treatment period is not a result of the original injury, the Officer will have the IOD time rescinded and charged sick time. In the event the Officer has no sick time on the books, he will forfeit any other type of accumulated leave on the books to equal this IOD time taken off. In the event the Officer has no time on the books, he or she shall pay back the time at one-half of all vacation, holiday, and sick time accumulated until all IOD leave is satisfied. E. The Chief of Police shall have the final authority and it will no longer be necessary to submit such requests to the City Manager's Office, or City Council, for approval and extended IOD leave. In the event such additional IOD leave is denied, the employee will retain the right to appeal the denial to the City Manager and City Council.

Section 11. Jury Duty. A leave of absence, ________________, shall be granted to an Officer upon his actual jury duty service, unless excused there from; provided, however, that such Officer waives or remits to the City his jury fee and provides proof of jury service verified by the court liaison section and submitted to Police Accounting.

without loss of regular pay

Section 12. Sick Leave Pool. | Each officer shall accumulate __________ of sick leave, with pay, per calendar year.

120 hours

When the total number of sick leave pool hours drops below 5,600, ______________________ from each officer participating in the program shall become part of the sick leave pool, and any remaining hours shall continue to be credited to the individual officer.

8 hours of sick leave with pay

Officers having opted not to participate will not, under any circumstances, be allowed to enter the pool at any later date. Any Officer who voluntarily drops out of the pool may not, under any circumstances, be allowed to re-enter the pool. Notification to the Accounting Unit must be provided, in writing, by the Officer who drops out of the pool. The Accounting Unit shall include a copy of this report in the Officer's file, and must forward a copy to _______________ for inclusion in the Officer's permanent "201" file. A copy must also be sent to the Association within _____________ of the date the Officer requests to drop out of the sick leave pool. No Officer shall be eligible to draw sick leave pool days until one (1) of his sick days is credited to the pool.

the Chief's Office thirty (30) calendar days

Upon completion of the initial two-month period of employment after graduation from the Academy, each Officer shall have ______ of sick leave credited to the pool. In the event of separation from employment prior to completion of the probationary period, the City may adjust the pool for any sick leave hours not actually earned by the contributing probationary Officer. When an Officer retires or dies, any sick leave accumulated by the Officer that would have otherwise been forfeited shall be credited to _________________.

12 hours the sick leave pool.

A. Officers may be considered for sick leavepool hours after taking off ______________ of continuous non-job-related illness or injury. The ________________________ used for eligibility shall be from an Officer’s own accumulated leave and will not be refundable by the Committee or otherwise. The Department shall reimburse the Officer for any type of leave hours used in excess of the _____________________, if reimbursement is approved by the Sick Leave Committee.

120 consecutive working hours 120 consecutive working hours 120 consecutive working hours

Section 12. Sick Leave Pool. No officer shall be permitted to use more than _______________ for a single illness or injury.

1440 pool hours

Section 12. Sick Leave Pool. Pool hours may not be used for injuries or illnesses sustained ________________________.

in the line of duty.

Upon any Officer being _____________________________, the Chief may require the Officer to submit to a medical examination to determine whether the officer is permanently disabled. When it is determined that an Officer is permanently disabled, the Chief shall be entitled to terminate or retire the officer, whichever is applicable, according to law existing

absent from duty 18-work weeks as a result of a single illness or injury

Officers desiring consideration for pool usage may be required to submit to medical examination by ____________ and may be required to produce medical records, doctor's orders, and any other material necessary to render a decision by the committee

a City doctor

The Committee Chairman may at any time or at the request of the Chief of Police reconvene the Committee for further consideration should evidence come forward that would affect the outcome of a Committee decision after a decision has been reached. The Committee by majority vote may _____________________, as the evidence requires.

extend, reduce, approve, cancel, or deny a pool usage

Pool time may only be used for ___________, which is defined as a non-job-related injury or illness, which prevents an Officer from fully performing assigned duties in all major divisions of the Department

disability

Officers applying to the Sick Leave Pool Committee for reimbursement of hours used in excess of 120 hours must do so _________________ of return to duty, following the illness or injury.

within one year

Section 13. Leaves of Absence. The Chief may grant a leave of absence, without pay, to a maximum of five (5) officers, which granting shall not be unreasonably withheld. The primary purpose of this leave shall be to provide the officer with additional education in law enforcement related areas. Request for leave under this section for the purpose of the Officer continuing full-time formal education at an institution of higher learning shall be given priority. The duration of the leave shall be for a period of time as determined by the Chief, but in no event for a period to exceed __________________________. Should the leave be for the purpose of pursuing continued formal education at an accredited college or university of higher learning, the leave shall be granted on a semester-by- semester basis.

three (3) calendar years

A leave of absence under this Section _________ be considered a break in service for promotional or seniority purposes. Officers on leave of absence ____________ be eligible to apply for or take promotional examinations while on such leave.

shall not shall not An Officer on an approved leave of absenceunder this Section must return to regular assignment with the City for a period at least equal to the length of his leave. Should an officer fail to return to his regular assignment for such period, the leave taken shall be considered as a break in service for purposes of promotion, seniority, pay, and/or pension.

The Chief of Police may recall an Officer from ___________ granted under this Section in the case of an emergency for the duration of the emergency.

a leave of absence

Officers on leave of absence _______ continue pension payments, and the City shall match such payments according to the requirements of state law. However, all other forms of compensation shall be withheld until such Officer returns to full-time status with the Department. ``` A) Shall B) Will C) Should D) Must E) May ```

E) May

“__________” is an encumbered position that is not currently filled.

Vacancy

“___________” is a position that is currently filled but the individual currently occupying that position is not currently present for duty.

Absence

“_________________” is any assignment that requires investigation where that individual, as part of his job assignment, is from time to time responsible for filing a charge and disposition if one is necessary.

Investigative assignment

“__________________” is any assignment that requires investigation where that individual, as part of his job assignment, will work in plainclothes without revealing his identity or occupation in furtherance of an assigned police function and is working for a unit within Criminal Investigation and Intelligence.

Undercover assignment

___________________ functions shall include telephone answering, transport of materials or property, initial or follow-up information intake, or filing or copying functions.

Support and assistance

Section 2. Acting In A Higher Position. When an absence occurs in the positions of Sergeant, Lieutenant, Captain, Deputy Chief or Assistant Chief, and said absence continues from day to day for a period in excess of seven (7) calendar days, the Chief shall assign an Officer to act in the capacity of the absent position. If it is determined that an absence will continue in excess of seven (7) calendar days, and said position is determined by the Chief to be of critical importance, he may, at his sole discretion, fill said absence by appointing from the first day of absence. If another Officer of the equivalent or higher rank is in a position to assume the responsibilities of the absent Officer’s position, then the Chief is not required to assign an officer to such position. During service in the acting capacity, the Officer so assigned shall be compensated at the base salary of the higher position, plus his or her own longevity or seniority pay beginning on the rate of such acting assignment by the Chief. Excepted from this provision is any absence created by operation of Article 3 of this agreement. If a vacancy is not filled within ________________ in the rank of Sergeant, Lieutenant, Captain, Deputy Chief or Assistant Chief, and the position is not eliminated, then the Chief shall appoint temporarily from the next lower rank some Officer to fill that position until a permanent officer is assigned to fill said vacancy.

thirty (30) calendar days

Temporary Investigative/Undercover Assignment. A. When an Officer holding the rank of Patrol Officer is temporarily assigned to perform investigative or undercover work outside his/her regular duties in the Criminal Investigative Division, the Traffic Investigation Unit, or Intelligence Unit (or its successors in function) said Officer shall be compensated at the base salary of a __________________ with the longevity or seniority pay of his/her permanent rank for all hours worked in that assignment beginning on the date of such acting assignment. B. The City is entitled to assign Patrol Officers to ______________ in criminal investigative divisions without paying higher classification pay. The City may also assign Patrol Officers within the Department for support and assistance functions as workload requires, without paying higher classification pay. C. It is understood and recognized that the City may assign Patrol Officers to undercover functions within the Department or with outside agencies, provided that higher classification pay shall be applicable.

Detective Investigator support and assistance functions

Exceptions and Grievability. A. All appointments to a higher classification position shall be done in writing with the approval of the Chief of Police. No Officer will be paid for the performance of higher level work without prior written authorization. The Chief of Police shall unilaterally determine the guidelines for working in a higher classification position and the procedures for which such authorization will be obtained. B. Any Officer who works __________ in an assignment for which sole compensation is in an overtime capacity shall not be eligible to receive higher classification in addition to the overtime pay.

voluntarily (i.e. Patrol Officer working overtime vice assignment will only receive their normal overtime rate for hours worked in said assignment {posing as a John or Prostitute}).

A position may not be occupied by Officer(s) of lower rank for a period in excess of _______________________________ except for officers working for or assigned to outside agencies (i.e. Drug Enforcement Administration, Federal Bureau of Investigation, etc.) or Officers working temporary undercover assignments for the Police Department.

one hundred and eighty (180) calendar days

An Officer who works in the acting capacity of a higher position will only be compensated for the hours or days that the Officer actually works in that position and is present to carry on the duties of the higher position. Officers will be compensated in whole hours with a minimum of one-hour. Any hours actually worked over _______ shall be compensated for a full day.

four (4)

If an Officer requests in writing the assignment of appropriate supervision and his request is unreasonably denied, the Chief of Police shall review such request and make the determination if appropriate supervision is available and make such adjustment as deemed necessary to rectify the situation. This may be accomplished by making a __________________ appointment, a reassignment or any other action as determined by the Chief of Police. The determination by the Chief of Police shall be final and not subject to a grievance.

temporary higher classification

Section 1. Police Cadet. Prior to becoming a Police Officer (probationary), Class 601, an employee is a Police Cadet (602) (civilian) and is ___________________. Upon successful completion of the requirements of Police Cadet, the employee becomes a Police Officer (601) (Probationary). On becoming a Probationary Police Officer (601) he/she shall serve a ___________ week probationary period.

not in the bargaining unit fifty-two (52) week

Section 2. Exclusions from the Police Initial Probationary Period. Periods of ____________________ continuous calendar days or more during which the Officer is on sick or injury leaves, vacations, suspensions, and/or light duty shall be excluded from determining whether or not the Officer has completed the fifty-two (52) week probationary period.

twenty-one (21)

Section 3. Special Assignment. During the _________________ week initial period, the officer will be assigned to performing actual police patrol duties and shall not be eligible for any other special assignment during the term of this initial period.

fifty-two (52) week

Section 4. Non-Supplanting. In no event shall probationary patrol officers supplant assigned positions or relief days. Probationary officers may only assume the Field Training Officer’s ____________ while actually riding with the Field Training Officer or temporary RD’s as assigned by the Patrol Assignment Coordinator for training and review procedures.

relief days

ARTICLE 26 Field Training Officers Section 1. Field Training Officer Program. The Chief shall continue the Field Training Officer Program (FTOP) as a section of ____________. The FTOP function will be to reinforce and update training given in the Academy in field operations. The primary purpose of the Program is to complete the education and training of probationary Officers. Additionally, the program may be used to conduct continuing or remedial education or training for other Department personnel. While patrol officers may be used as Field Training Officers (FTO's) to conduct such training and education, they may not be used to supervise, investigate, or perform other duties performed by higher-ranking Officers.

the Police Academy

Section 2. FTO Minimum Requirements. The minimum requirements for FTO's shall be established by the Chief, and any Officer meeting such requirements shall be considered for a position in the program. Positions will be filled from qualified Officer applicants based upon the standards enunciated by the Chief. The selection and removal of an Officer from the FTO program shall be at the discretion of the Chief and not subject to the grievance procedure. There shall be a minimum of ___________ Patrol Officer FTO’s in the Department.

eighty (80) Patrol Officer FTO’s

Section 3. Hours and Assignment, Emblem, and Voluntary Service. The hours and assignment of FTO's shall be at the discretion of the Chief, realizing the need to accomplish the training and education of bargaining unit members as the primary purpose of the program. Officers assigned to the program shall be identified by an appropriate badge and/or emblem. Service as an FTO shall be ____________.

voluntary

Section 4. FTO Coordinator. The program will be headed by a "Coordinator" who shall hold the rank of _____________ or above. The Coordinator shall have the power to recommend to the Chief the dismissal of any officer from the program on the basis of the Officer's record while serving as an FTO.

Lieutenant

Section 5. Field Training Officer Pay. All Officers permanently assigned to the FTO program, including the Coordinator, shall receive a __________ per month pay supplement, in lieu of any compensatory time as previously provided.

$265.00

ARTICLE 27 Promotional Probationary Period Section 1. There shall be a ____________ for all civil service promotional ranks commencing the date the Officer is actually promoted. Salary, benefits and seniority within the promotional rank commences the date the Officer was eligible for the promotion pursuant to this Agreement and Chapter 143 of the Local Government Code. During the promotional probationary period, an Officer may be demoted by the Chief to the rank from which he was promoted on the basis of the Officer’s ____________________.

six (6) month probationary period inefficiency, incompetence, or inability to supervise.

ARTICLE 27 Promotional Probationary Period In the event that an Officer is demoted during the probationary period, said officer may file a grievance pursuant to the grievance procedure in this Agreement. If the grievance proceeds to arbitration, the Officer shall only raise to the arbitrator the issue of whether or not the Officer was demoted for some reasons other than _____________________. The burden of proof shall be on the officer to demonstrate that the demotion was for some reason other than ______________. In the event that the arbitrator rules that the demotion was for some reason other than _____________, the arbitrator shall rescind the demotion and restore the officer to the promotional rank from which the Officer was demoted.

inefficiency, incompetency, or inability to supervise inefficiency, incompetency, or inability to supervise inefficiency, incompetency, or inability to supervise

ARTICLE 28 Disciplinary Actions Section 1. Authority of the Chief. The Chief shall have authority to demote and/or suspend not to exceed _____________, or indefinitely suspend (as provided for in Chapter 143 of Local Government Code) any Officer for the causes set forth in the Rules and Regulations of the Commission. The Officer may appeal such actions, if any, as provided for herein. Nothing contained herein prevents the Chief and the accused Officer from reaching an agreed settlement on any matter so long as both parties concur in writing in advance of said settlement.

forty-five (45) calendar days

ARTICLE 28 Disciplinary Actions Section 1. Authority of the Chief. Officers suspended for three (3) days or less who appeal the suspension _________ serve the suspension unless a suspension with loss of pay is awarded by an arbitrator.

Shall NOT

ARTICLE 28 Disciplinary Actions Section 2. Contemplated Disciplinary Action. Prior to any such disciplinary action, the Officer shall be given notice of contemplated disciplinary action by personal service, stating the action or actions contemplated and the reasons therefore, and notifying the Officer that he may rebut the charges to the Chief, either orally, or in writing, within _________. If the Chief should be unable to secure personal service of the contemplated disciplinary action after due diligence, service may be made by placing the notice in certified mail addressed to the Officer’s last known address along with delivery of the statement to the Association, and proof of such service shall be sufficient to provide notice to the Officer of his right to rebut the contemplated disciplinary action to the Chief.

seven (7) calendar days

ARTICLE 28 Disciplinary Actions Section 3. Written Statement of Charges. After the notice and opportunity for rebuttal provided in the preceding paragraph, the Chief may demote, suspend, or indefinitely suspend an Officer by service in accordance with this Article on the officer of a written statement of charges addressed to the Civil Service Commission. A copy of the disciplinary statement shall be promptly filed with the Human Resources Director of the City. The written statement shall point out the particular rule or rules alleged to have been violated by the Officer and the specific act or acts alleged to be in violation. In the event of demotion, suspension, or indefinite suspension, the statement informing the officer of disciplinary action and the reason(s) therefore shall also inform the Officer that an appeal may be had by filing same in writing with the Human Resources Director, within _______________ after receipt of said written statement unless the case is automatically appealed due to alternate service via mail to the officer.

fifteen (15) calendar days

ARTICLE 28 Disciplinary Actions Section 4. Notice of Right to Appeal. The Chief or the Chief’s authorized designee shall not be required to deliver in person a written statement of charges to the Officer being suspended. The written statement of suspension shall be deemed to have been delivered upon the officer when the written statement (1) is hand- delivered to the suspended Officer by the Chief, the Chief’s authorized designee, or by a designated messenger; (2) is delivered to an attorney representing the suspended Officer, or (3) mailed as provided below. A written statement is deemed delivered to the Officer’s attorney by handing it to the attorney or by leaving it with another attorney in the attorney’s office or a member of the attorney’s staff, or by delivering it by any other means that the attorney consented to in writing. If the City attempts in good faith to deliver the written statement as provided herein, but such attempts are unsuccessful, the written statement may be mailed by certified mail to the last known address of the suspended Officer. Service is complete upon mailing and the suspension shall be automatically appealed to arbitration as of the date of mailing. The Officer is still required to file a proper notice of appeal not less than _______ prior to the arbitration date.

ten (10) calendar days

ARTICLE 28 Disciplinary Actions Section 5. Arbitrator Defined. For the purposes of this Article, the term arbitrator shall mean the same as a third-party hearing examiner as referred to in Chapter 143 of the Local Government Code. Appeal from demotion, suspension or indefinite suspension shall be decided by one (1) arbitrator, selected according to this agreement. Upon receiving an appeal from the Officer, the _________________ shall act promptly to notify the Association, the Chief, and the City Manager of the appeal.

Human Resources Director

ARTICLE 28 Disciplinary Actions Section 6. Arbitration Selection and Scheduling. The counsel for the Officer and the counsel for the Chief of Police shall attempt to mutually agree on an arbitrator. If the parties fail to agree on an arbitrator within fourteen (14) calendar days after the appeal is filed, _________________ shall within five (5) business days from the expiration of the fourteen (14) calendar days request a list of seven (7) qualified neutrals from the American Arbitration Association. The parties may mutually agree on one of the seven (7) neutrals. If they do not so agree, the parties shall alternatively strike the names on the list within seven (7) calendar days after receipt of the list, and the remaining name shall be the arbitrator. All parties shall act to complete the selection process at the earliest possible date. The arbitrator shall be promptly notified of his selection. The parties will not have ex parte communication with the arbitrator. Communication with the arbitrator will be through the counsel for the Chief of Police and the counsel for the Officer jointly.

the Human Resources Director

ARTICLE 28 Disciplinary Actions Section 7. The hearing shall be commenced, but need not be completed, within ninety (90) calendar days of the arbitrator's selection. Delay in commencement of the hearing within these time periods may occur due to unavoidable conflicts between the arbitrator and the parties’ schedules, or by mutual agreement of parties and for no other reason. However, if the arbitrator selected cannot commence the hearing within ninety (90) calendar days from his selection, and there is no agreement to extend the hearing to a later date by the parties, the parties shall attempt to agree on a substitute arbitrator. If the parties cannot agree upon a substitute within seven (7) calendar days of so learning, another arbitrator shall be selected from a new list of ____________ promptly requested from the American Arbitration Association, according to the procedure set out herein. The arbitrator shall make an award within thirty (30) calendar days of the close of evidence or after receipt of brief’s if any in arbitration hearings, and within seven (7) calendar days of the close of evidence in expedited arbitration hearings under 143.057 of the Local Government Code. Post hearing briefs shall only be permitted in standard arbitration hearings, and must be mailed to the arbitrator within such time as is agreed to by the parties, or as directed by the arbitrator.

seven (7) names

ARTICLE 28 Disciplinary Actions Section 8. A _________________ of the proceedings shall be made only upon written agreement of the parties prior to the commencement of the hearing. Should there be no agreement, the party desiring the transcript may have the transcript made at its sole expense.

stenographic transcription

ARTICLE 28 Disciplinary Actions Section 9. The award of the Arbitrator shall state which particular factual charges he finds to be true, if any, and the particular rules he finds such conduct to have violated, if any. Where the charges are upheld, the award shall state whether the discipline imposed is upheld, or whether some lesser discipline is substituted. This agreement authorizes an arbitrator to reduce an indefinite suspension to a period greater than _________.

45-days

ARTICLE 28 Disciplinary Actions Section 10. The following rules shall govern the conduct of arbitration hearings under this Section, and of certain preliminary matters. A. Both parties shall provide, at least twelve (12) calendar days prior to the date of the hearing, 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 case. 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. B. The Arbitrator shall have the power to subpoena witnesses. Where the subpoena request is not opposed by a party, the Human Resources Director shall issue the subpoena in the name of the Arbitrator and such issuance shall be considered the act of the arbitrator. If the subpoena is opposed, the moving party shall apply to the arbitrator for issuance of the subpoena. The City will serve subpoenas on any City employee; otherwise the party issuing the subpoenas shall be responsible for obtaining service. C. In all hearings under this Section, the City shall prove its case by a preponderance of the evidence. D. All hearings shall be public unless it is expressly agreed in writing by the parties that the hearing shall be closed to the public. In any event, the final decision of the arbitrator shall be public, although public announcement may be reasonably delayed upon request of the parties. E. Unless otherwise provided in this Agreement, the conduct of the hearing shall be governed by the rules of the ________________.

American Arbitration Association.

ARTICLE 28 Disciplinary Actions Section 11. Unless otherwise provided in this Agreement, _____________ shall have all those powers and only those powers vested in the Commission under Chapter 143 of the Local Government Code and the Commission Rules, with respect to suspensions, indefinite suspension, and demotions, with the sole exception of the power to amend such rules.

the Arbitrator

ARTICLE 28 Disciplinary Actions Section 12. Any notice or statement required to be filed by the Chief of Police or the officer in a disciplinary proceeding under Chapter 143 of the Local Government Code, under Commission Rules, or under this Agreement, shall be filed with the ____________________.

Human Resources Director of the City

ARTICLE 28 Disciplinary Actions Section 13. Hearings conducted by the ____________ shall be in accordance with Chapter 143 of the Local Government Code.

Commission

ARTICLE 28 Disciplinary Actions Section 14. Unless otherwise provided in this Agreement, with respect to demotions, suspensions, and indefinite suspensions as defined in Chapter 143 of the Local Government Code the officer shall have such right to appeal the arbitrator's decision to ____________ as he is given in Chapter 143 of the Local Government Code to appeal the Commission's decision, and no greater right.

district court

ARTICLE 28 Disciplinary Actions Section 15. Unless otherwise provided in this Agreement, in cases of conflict, the provisions of this Agreement will control over Chapter 143 of the Local Government Code, and any other civil service provision or rule, and American Arbitration Association Rules; and Chapter 143 of the Local Government Code, and any other civil service provision, and Civil Service Rules promulgated pursuant to it shall control over American Arbitration Association Rules. Once an Officer receives a formal notification from Internal Affairs, the officer may initiate a written request to the Chief to waive the normal investigative track through Internal Affairs for the investigation to be submitted to an expedited disciplinary track, however in no event can the expedited disciplinary track be requested within __________ days of the expiration of the complaint’s one-hundred-and-eighty (180) calendar day timeline in Chapter 143 of the Local Government Code. Both the Officer and the Chief must agree to submit a matter to the expedited disciplinary track for an expedited disciplinary finding. An expedited disciplinary finding is an agreement by the Officer and the Chief that disciplinary action is warranted and enacted, but did not proceed through the conventional track. Any disciplinary action resulting from the expedited disciplinary track must be agreed upon by the Officer and the Chief, and must be enacted within thirty (30) calendar days of the parties’ agreement to expedite the disciplinary process, but under no circumstances later than the time limitation as expressed and proscribed in Chapter 143 of the Local Government Code, as applicable. Absent an agreement by both the Chief and the Officer, the matter will continue through the regular investigative procedure.

sixty (60) calendar

ARTICLE 28 Disciplinary Actions Section 16. Notwithstanding any other provision of this Agreement, the Chief shall have authority to suspend an Officer for a period of not more than __________________ days, or implement an agreed disciplinary action, only where the Officer agrees to the disciplinary action in writing. An agreed disciplinary action is an agreement between the Officer and the Chief that may include, but is not limited to, any one, or combination of, a suspension, demotion, or non-disciplinary actions such as professional counseling, re-training, or re-assignment. The Officer shall have no right to appeal such agreed disciplinary actions, and no administrative or judicial body shall have power to review such a suspension or alter the terms of the Agreement.

ninety (90) calendar

ARTICLE 28 Disciplinary Actions Section 17. Any deadline or time restrictions set out in this Agreement with respect to disciplinary proceedings may be modified by ______________ of the parties. However, neither party may be compelled to waive its right to insist upon the deadline and time restrictions provided by the Agreement.

written agreement

ARTICLE 28 Disciplinary Actions Section 18. Officers suspended up to a _____________ may, at the Chief's discretion, forfeit either accumulated compensatory time, vacation, bonus time or holiday leave equal to the suspension. Approval of forfeiting time by the Chief shall not be unreasonably withheld and may only be denied because of a consistent overall pattern of substandard performance. The officer shall have ten (10) calendar days from receipt of notice of the suspension to decide whether or not he wishes to forfeit accumulated leave or exercise his appeal rights pursuant to Chapter 143 of the Local Government Code or the Grievance and Arbitration Procedures of this Agreement. The provisions of this Section shall apply solely to suspensions which are agreed to by the Officer, and no appeal to the Commission or to arbitration may be instituted on suspensions where the Officer has forfeited accumulated compensatory, vacation, bonus time or holiday leave pursuant to the terms of this Article.

maximum of forty-five working days

ARTICLE 28 Disciplinary Actions Section 19. Except as provided in this section of this Article, the Chief and City are precluded from the introduction of evidence or otherwise complaining of any acts or occurrences earlier than the one hundred and eightieth (180th) calendar day immediately preceding the date on which the Chief suspends or demotes the Officer. The Chief may introduce evidence or otherwise complain of any felony Penal Code violation, a felony violation of the Controlled Substance Act, a Class A or B Misdemeanor committed by an officer so long as the evidence or complaint is filed within one hundred and eighty (180) calendar days of the Department’s first knowledge of the act, provided however, that the statute of limitation for criminal judicial action against the officer involved has not expired. This amendment language shall not be applied retroactively. Only upon written notice in the original written statement of the Chief may any act or occurrence be admissible in a disciplinary hearing in accordance with this section. Solely to aid the Commission or arbitrator in the assessment of appropriate discipline and not to prove a charge of a violation of Civil Service Rules or for any other purpose, the Chief and the City may introduce evidence of prior disciplinary actions which have not been set aside on appeal as follows:

A. Where the Chief's original written charges include alleged violations of Civil Service Rules constituting acts of intentional violence, the Chief and the City may introduce prior discipline on such other violations found to have been committed within five (5) years immediately preceding the date of said written charges; B. Where the Chief's original written charges include alleged violations of Civil Service Rules concerning drug or alcohol abuse, any prior discipline on such violations found to have been committed within ten (10) years immediately preceding the date of said written charges; C. Where the Chief's original written charges allege acts of incompetence, all prior discipline for acts of incompetence may be introduced by the Chief or the City so long as adequate records are maintained in accordance with Section 20 below, at the time of the act for which discipline was assessed; and D. Where the Chief's original written charges allege a violation of any other Civil Service Rule, the Chief and the City may introduce prior discipline for a violation(s) of the same rule within two (2) years immediately preceding the date of said written charges, so long as adequate records are maintained in accordance with Section 20 below, at the time of the act for which discipline was assessed. E. Upon execution of this Agreement, suspensions of three (3) days or less that were not appealed by the Officer shall be automatically reduced to a written reprimand two (2) years after the date the suspension was served on the Officer if the Officer did not have a sustained complaint for the same rule within two (2) years from the date the suspension was served on the officer. Suspensions that were appealed to the Commission or Arbitrator by the Officer are not eligible to be reduced to a written reprimand under this Section. The original suspension paperwork sent to the Commission will reflect the conditions of this Section to reduce the applicable suspension to a written reprimand. The reduction of any suspension contained within this subsection does not qualify for any form of reimbursement to the employee.

ARTICLE 28 Disciplinary Actions Section 19. E. Upon execution of this Agreement, suspensions of three (3) days or less that were not appealed by the Officer shall be automatically reduced to a ______________ two (2) years after the date the suspension was served on the Officer if the Officer did not have a sustained complaint for the same rule within two (2) years from the date the suspension was served on the officer.

written reprimand

ARTICLE 28 Disciplinary Actions Section 20. __________ shall develop records, which, to the fullest extent possible, quantify the work done by each Officer in each assignment. Such records shall be available by assignment upon specific request of Officers appealing disciplinary actions or their representatives.

The City

ARTICLE 28 Disciplinary Actions Section 21. Section 143.056 of the Local Government Code regarding procedures after felony indictment and certain misdemeanor complaints shall be modified to provide:

A. Should the Chief fail to charge the Officer with a violation of Civil Service Rules within thirty (30) calendar days following acquittal or dismissal of the criminal charges, the officer shall be reinstated with all back pay and benefits; and B. In the event an Officer has been demoted or suspended, either temporarily or indefinitely, for any action which results in the Officer being indicted for a felony or charged with a misdemeanor of Class B or above, no further action may be taken on the Officer’s appeal until the completion of trial on the merits on those charges; except that a hearing on an officer’s appeal may be initiated prior to completion of trial on the merits by mutual agreement between the City and the Officer. Delay of an appeal pending the results of criminal proceedings as specified above shall apply both to appeals to arbitration and appeals to the Commission pursuant to this Article.

ARTICLE 28 Disciplinary Actions Section 22. Pursuant to Section 17, 19 and 21, the Chief or his counsel and the Officer and his counsel may mutually agree in writing to extend the 180-day deadline for disciplinary proceedings by delaying the execution of the disciplinary written statement of charges, if any, to a date no later than thirty (30) calendar days after the final adjudication of the criminal charge pending. By entering into a mutually agreeable written agreement, neither party intends to create, nor does a written waiver directly or indirectly create a ________________.

past practice

ARTICLE 29 Internal Security Interview Procedure Section 1. Investigations Through The Chain Of Command. Minor allegations of misconduct made against officers which are of the type set out in the Complaint Matrix contained in the General Manual shall be investigated within the Officer’s chain of command within twenty-one (21) calendar days of receipt of the written complaint. The Captain of the station/section will conduct the investigation under procedures and guidelines set out in the General Manual. Such an investigation of the Officer shall be confined to the written complaint, and that complaint only. If the Officer is the rank of Captain or above, or if the Officer has no Captain in their chain of command, the Officer’s Division Commander, Bureau Commander, or Chief of Police or designee will investigate. Suspensions, if imposed, may be for up to three (3) calendar days. If the accused Officer does not agree with the final terms of the contemplated disciplinary decision within five (5) calendar days, the case will be forwarded to the Internal Affairs Unit for further investigation. Suspensions agreed to by an Officer may not be appealed to or altered by the Commission, an arbitrator, or by any court. Investigations through the chain of command ____________ the Officer to have an attorney present during interviews with his commanding officer, but nothing herein prohibits an officer from seeking advice from an attorney or an Association representative provided it is within the five (5) day time limit. The Officer will be advised in writing of the procedures applicable to the line complaint investigative process by the Captain prior to providing a report or response. Officers shall have a reasonable opportunity to consult with counsel before writing a response, statement, or report resulting from a complaint. The term “complaint” as used in this article does not include questions about performance of duty raised by the Supervisor or fellow Officers.

do not entitle

ARTICLE 29 Internal Security Interview Procedure Section 1. Investigations Through The Chain Of Command. Minor allegations of misconduct made against officers which are of the type set out in the Complaint Matrix contained in the General Manual shall be investigated within the Officer’s chain of command within _______________ days of receipt of the written complaint. The Captain of the station/section will conduct the investigation under procedures and guidelines set out in the General Manual. Such an investigation of the Officer shall be confined to the written complaint, and that complaint only. If the Officer is the rank of Captain or above, or if the Officer has no Captain in their chain of command, the Officer’s Division Commander, Bureau Commander, or Chief of Police or designee will investigate. Suspensions, if imposed, may be for up to three (3) calendar days. If the accused Officer does not agree with the final terms of the contemplated disciplinary decision within five (5) calendar days, the case will be forwarded to the Internal Affairs Unit for further investigation. Suspensions agreed to by an Officer may not be appealed to or altered by the Commission, an arbitrator, or by any court. Investigations through the chain of command do not entitle the Officer to have an attorney present during interviews with his commanding officer, but nothing herein prohibits an officer from seeking advice from an attorney or an Association representative provided it is within the five (5) day time limit. The Officer will be advised in writing of the procedures applicable to the line complaint investigative process by the Captain prior to providing a report or response. Officers shall have a reasonable opportunity to consult with counsel before writing a response, statement, or report resulting from a complaint. The term “complaint” as used in this article does not include questions about performance of duty raised by the Supervisor or fellow Officers.

twenty-one (21) calendar The Captain of the station/section will conduct the investigation under procedures and guidelines set out in the General Manual. If the Officer is the rank of Captain or above, or if the Officer has no Captain in their chain of command, the Officer’s Division Commander, Bureau Commander, or Chief of Police or designee will investigate.

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. This procedure shall apply to all ______________ of misconduct by officers except investigations through the chain of command conducted under Section 1 above. A. An interview of the charged Officer shall take place at a location designated by the investigating Officer, usually at the police facility to which the Officer is assigned or the Internal Affairs Office. If the Officer is required to complete written interrogatories, at the Officer’s request, such interrogatories shall be provided to the officer on a computer disk so that the officer may complete such interrogatories at a location other than a police facility. The Officer must return the completed interrogatories in accordance with a written agreement between the officer and the investigator in charge of the investigation. An Officer who requests to complete the interrogatories in this manner will do so during their off duty time and will not be compensated by the Department in any way. When the interrogatories are completed, the Officer shall return the computer disk and their responses to the investigator in charge of the investigation for review and clarification by either party. The Officer will sign the printed copy of the report in the presence of the investigator.

non-criminal investigations

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. A. An interview of the charged Officer shall take place at a location designated by the investigating Officer, usually at the police facility to which the Officer is assigned or the Internal Affairs Office. If the Officer is required to complete written interrogatories, at the Officer’s request, such interrogatories shall be provided to the officer on a computer disk so that the officer may complete such interrogatories at a location other than a police facility. The Officer must return the completed interrogatories in accordance with a written agreement between the officer and the investigator in charge of the investigation. An Officer who requests to complete the interrogatories in this manner will do so during their ____________________. When the interrogatories are completed, the Officer shall return the computer disk and their responses to the investigator in charge of the investigation for review and clarification by either party. The Officer will sign the printed copy of the report in the presence of the investigator.

off duty time and will not be compensated by the Department in any way.

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. B. The Officer shall be informed of the _______________ of the Officer in charge of the investigation, and the identity of all persons present during the interview. If an Officer is directed to leave his post and report for interview to another command, the Officer’s assigned command shall be promptly notified of the Officer’s whereabouts.

rank, name and command

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. C. The Officer under investigation shall be informed _________ prior to being interrogated or asked to otherwise respond to an investigation of the general nature of the investigation, and sufficient information to reasonably apprise the officer of the allegations shall be provided. The Officer shall be allowed to review but not copy verbatim or photocopy any complaints, affidavits, other written statements, GPS/AVL readouts, video recordings, audio recordings, and photographs, which have been gathered as part of the administrative investigation. The Officer shall not release the provided information to any person other than his attorney or representative. A) twenty-four (24) hours B) forty-eight (48) hours C) twenty-four (24) days D) forty-eight (48) days

B) forty-eight (48) hours

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. D. The interview shall be completed with reasonable dispatch. Reasonable respites shall be allowed. Time shall be provided also for personal necessities, meals, telephone calls, and rest periods as are deemed necessary. Except in exigent circumstances where the seriousness of the complaint warrants an extended interrogation, or when the complaint will expire within sixty (60) calendar days, an Officer shall not be required to submit to any single interview for longer than ____________. The interviewing Officer shall advise the Officer being interviewed of an estimated time for the interview process. Interview sessions may be held on consecutive days until the interview process is completed. Provisions in Subsection A regarding the removal of interrogatories do not apply to this subsection.

six (6) hours

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. E. The Officer shall not be subjected to any offensive language, nor shall he be threatened with ________________________. No promise of reward shall be made as an inducement to answering questions. Nothing herein is to be construed so as to prohibit the investigating Officer from informing the Officer under investigation that this conduct can become the subject of disciplinary action resulting in disciplinary punishment.

transfer, dismissal or other disciplinary punishment

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. F. In all cases where an Officer is to be interviewed concerning an alleged act which, if proven, ____ result in any disciplinary action, the Officer under investigation shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his own choosing or a representative of the Association before being interviewed. An attorney of his own choosing or a representative may be present during the interview. A representative may not be a Police Officer who is related to the respondent, or a supervisor with involvement in the incident being investigated. Such representative may not participate in the interview except to counsel the Officer, or to assert any rights afforded to the Officer under this article in a manner which does not impair the ability of the investigator to conduct the interview and obtain information directly from the Officer. At any time during the interview the Officer under investigation may request to consult with his attorney or representative in private, prior to continuing the interview, provided that the investigator may impose reasonable limits on such conferences in order to complete a meaningful investigative interview and to obtain a written statement or response from the Officer in the Officer’s own words.

may

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. G. If an Officer is or maybe likely to be placed under arrest, that is if the Officer under investigation is a suspect or the target of a criminal investigation, the Officer shall be given ________________. Nothing in this subsection shall be construed to limit the authority of the Chief to conduct administrative investigations nor shall anything in this subsection be construed to relieve the Officer of his obligation to fully cooperate with said investigations, to comply with the Rules and Regulations and Procedures of the San Antonio Police Department, or to provide thorough, complete and truthful responses to requests for written statements and written interrogatories in connection with said administrative investigations. In all investigations where the Officer is subject to a companion or concurrent criminal investigation, the Department shall ensure that any officer’s statement gathered as part of the administrative investigation shall not be released to the criminal investigating entity, except as required by a subpoena or required to be disclosed by law or Court decision.

his rights pursuant to the Miranda Decision

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. H. The Officer under investigation _______ be given an exact copy of any written statement he may execute.

shall

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. I. The refusal by an Officer to answer pertinent questions concerning any administrative matter _____ result in disciplinary action.

may

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. J. An Officer shall have the right to have the interview tape or digitally recorded, provided the Officer furnishes the tape and the recorder and advises all parties of the recording prior to the beginning of the interview session. The tapes or digital file shall remain in the custody of ______________________.

the Internal Affairs Unit of the Police Department but (BLAH BLAH BLAH —- bullshit!) shall be available for review by the Officer or the Officer’s designated representative in the event the interview may result in disciplinary action, or a grievance.

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. K. No conversation between an Officer and an investigating officer may be recorded without disclosure prior to the conversation by the party making the recording, that it will be recorded. Prior to entering the Internal Affairs office, an Officer must disclose the existence of any recording device in his possession or be subject to disciplinary action. {Why?} __________ may authorize the wearing of a concealed recording device during any criminal investigation which may involve an Officer.

The Chief

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. L. A polygraph examination may be required of an Officer by the Chief only in the strictest confidence and where the complainant, and any complaining witnesses who give a written statement have been examined and found ___________ by a licensed examiner. The fact that an examination is ordered or administered and the results thereof shall not be disclosed by the Chief or the examiner to any person, except following execution of a written agreement between the Chief and the examined Officer.

wholly truthful

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. M. ________________ shall provide written notice, in a sealed envelope, to the individual Officer of the final status of any complaint filed with the Internal Affairs Unit where the Officer in question had to respond in writing to the complaint.

The Chief’s office

ARTICLE 29 Internal Security Interview Procedure Section 2. Internal Affairs Investigations. N. The results of a formal investigation will be forwarded to the ________________ for recommendations.

Advisory Action Board

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. Chief’s Advisory Action Board (CAAB) as used in this section shall mean:

the combined Police portion of the Advisory Action Board and the Citizen’s portion of the Advisory Action Board.

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. A. The Police portion of the Chief’s Advisory Action Board shall consist of:

``` seven (7) voting members: a Deputy Chief who shall serve as chairperson; one Captain; one Lieutenant; one Sergeant; one Detective Investigator; and two Patrol Officers. ```

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. The members shall be appointed by the Chief. Those members shall serve for __________.

one hundred and eighty (180) calendar days.

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. B. Except as specifically provided for in this article, the Chief’s Advisory Action Board (CAAB) will be conducted in accordance with the __________.

San Antonio Police Department’s General Manual.

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. C. Citizen Advisory Action Board 1. This Board shall be comprised of seven (7) appointees selected from a panel of fourteen (14) available members appointed as set forth below. Of the initial seven (7) appointees, 3-4 appointees shall be replaced following the expiration of 180-days from the date of their first Board meeting with 3-4 members of the panel of fourteen (14) not having served on the Board in the previous 180-days. The rotation of Board members shall continue until such time as all fourteen (14) members have served on the Board and after such time shall continue with no Board appointee serving for more than two (2) consecutive 180-day periods. The Chairman shall be entitled to alter the rotating list in order to coordinate the schedules of the participants. The Chairman may approve agendas for matters not involving the *use of force, bodily injury, or unlawful search or seizure*, in instances where workload for the Board makes it necessary, which do not require the attendance of the citizen Board members. The Chairman shall schedule any complaint for civilian member participation, upon request by __________________; if it is reasonably possible to do so based on the workload and availability of civilian members. Notice shall be given to the President of the Association. It is understood and agreed that the civilian members shall, nevertheless, be required to hear the full range of disciplinary cases and controversies presented to the Board, in order to develop an accurate sense of context and fairness.

the Officer or the complainant

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board C. Citizen Advisory Action Board 2. Members of the panel for the Citizen Advisory Action Board shall be selected by the _____________ from a list of names provided by the City Manager. Prior to providing names to the ______, the City Manager shall solicit applications from qualified citizens of good character, and objective ability, and shall recruit qualified individuals as necessary to have a sufficient list for consideration. The City Manager shall determine whether or not to recommend each of the individuals who apply. In addition, the Chief of Police shall determine whether or not to recommend each of the individuals. The input and recommendation of the San Antonio Police Officer’s Association shall also be obtained as to each of the individuals.

City Council Council The City Council shall receive a compilation of the applicants along with the separate recommendations by the City Manager, the Chief of Police, and the Association. Each party agrees that the selections and the final list shall be representative of the diversity of the community. The City Council may select a new member to replace anyone removed from the panel by selecting from any remaining names, or from a new list provided in accordance with the forgoing provisions in the event of vacancies.

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. C. Citizen Advisory Action Board The Chairman may approve agendas for matters not involving the *___________________________*, in instances where workload for the Board makes it necessary, which do not require the attendance of the citizen Board members.

use of force, bodily injury, or unlawful search or seizure

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. C. Citizen Advisory Action Board 3. Citizens appointed to serve on the panel shall meet the minimum requirements for eligibility established under state statute for service on the Fire and Police Civil Service Commission and shall take an oath of office as members of the panel. In addition, no person shall be appointed to serve on this panel who has been indicted for a **felony or a crime of moral turpitude, or *officially charged with a Class A or B Misdemeanor. * Members of the panel shall serve at the pleasure of the City Council, which may remove them, or replace them at any time, with or without cause. Members shall have no right to the position, and shall not be entitled to removal proceedings or a hearing. If not removed or replaced, a member shall serve for a _____________. The City Ethics ordinance shall apply to all members of the Citizen Advisory Action Board.

a two (2) year period.

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. C. Citizen Advisory Action Board 4. Appointment and selection for the meetings of the Board shall be accomplished in sufficient time to be able to provide each appointee with not less than twenty-four (24) hours of training, including orientation work at Professional Standards, and one shift on the ride along program. The responsibility for the training of each new member of the panel shall fall upon _________________.

the Commander of the Professional Standards Section

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. C. Citizen Advisory Action Board 5. An accused Officer has a right to privacy and all members of the CAAB shall respect that right to privacy, and shall have a duty to maintain the confidentiality of privilege information. Each member of the Uniform and Citizen Board shall sign a pledge of confidentiality, agreeing to maintain the right of privacy as to privileged matters under applicable law. Any violation of this right shall be grounds for disqualification or removal from the panel, as set forth below. "Right to privacy" shall mean only the right of any accused Officer of the Department to have the allegations, facts, testimony and evidence brought before the Board held in confidence by the members hearing the case, and shall not extend to include any public information or information imparted to the Board members from public information, or from individuals not officially connected to the Internal Security process. ________________ shall keep and maintain all records of the Board, and no members shall have or maintain any records other than during the meetings of the Board, or on Department premises, in connection with their official duties. This article shall not be interpreted to impair or effect the right of any person, including the citizens on the Board, to make report of facts to the Chief of Police, the District Attorney, or the FBI, or to testify under subpoena, the rules of discovery, or order of any court; nor shall this article be interpreted to impair or affect the rights of any Officer under Garrity vs. New Jersey or its progeny and Miranda vs. Arizona or its progeny.

The Chairman

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. C. Citizen Advisory Action Board 6. If any member of the Citizen Advisory Action Board is accused by an Officer of a violation of the right to privacy, the Civil Service Commission shall convene and if a determination is made that a member of the Citizen Advisory Action Board violated an Officer’s right to privacy, then the Civil Service Commission may remove that member. If the breach of privacy involves a direct report of confidential information by the member to the __________________, removal by the Civil Service Commission shall be mandatory. In any event, the Civil Service Commission shall send a report of its findings and action to the City Council. The purpose of these hearings shall be to protect the interests of accused Officers and the complainants, and shall not give rise to any rights on the part of the member accused of a breach of right to privacy.

public or the press

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. D. All members of the Chief’s Advisory Action Board shall be given the opportunity to review each case that will be presented for consideration subject to the ______ approval of exceptions, based on workload, as noted above.

Chief’s

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. E. ____________ of the Chief’s Police Advisory Action Board shall be responsible for the maintenance of the confidentiality of all files submitted for review by the CAAB.

The Chairperson

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. F. The Chairperson of the CAAB, on recommendation from any member of the CAAB may elect to hear testimony from complainants or responding Officers. Attendance to these boards meetings where testimony is requested are entirely voluntary and complainants or responding Officers may elect to remove themselves at any stage of the questioning by either board without fear of reprisal. The Chairperson of the CAAB shall determine the manner in which all meetings shall be conducted and shall be the determining factor as to the hearing of testimony or attendance by any person. No responding Officer or complainant shall have the right to be represented by counsel, but may be accompanied by ____________.

an observer. (Thank you, Marcus)

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. G. Each board shall make independent recommendations and forward these recommendations to the Chief of Police. Such recommendations are advisory only and are not binding on the Chief. The Citizen Advisory Action Board may not conduct a separate independent investigation but may recommend to the Chief of Police that _____________________________.

further investigations should be undertaken.

ARTICLE 29 Internal Security Interview Procedure Section 3. Chief’s Advisory Action Board. H. Any matter which is brought before the CAAB, where a final ruling by the Chief of Police has occurred, the Chief of Police shall direct the Commander of the Professional Standards Section to notify the Complainant(s) and accused Officer(s) as to the final disposition of the case within _______________________.

twenty-one (21) calendar days

ARTICLE 29 Internal Security Interview Procedure Section 4. Chief’s City Vehicle Accident Advisory Action Board. A. The Chief’s Advisory Action Board as described in Section 3 of this Article will no longer review cases involving City motor vehicle accidents. All cases involving City motor vehicle accidents previously assigned to the Chief’s Advisory Action Board will be assigned to the ______________ in accordance with this section.

Chief’s City Vehicle Accident Advisory Action Board

ARTICLE 29 Internal Security Interview Procedure Section 4. Chief’s City Vehicle Accident Advisory Action Board. B. The City Vehicle Accident Advisory Action Board will consist of:

(5) five members one (1) Captain, one (1) Sergeant, one (1) Detective Investigator and two (2) Patrol Officers appointed by the Chief. The Captain shall serve as chairperson. Members shall serve from January through June or from July through December of each calendar year.

ARTICLE 29 Internal Security Interview Procedure Section 4. Chief’s City Vehicle Accident Advisory Action Board. C. Except as specifically provided for in this Article, the Chief’s City Vehicle Accident Advisory Action Board will be conducted in accordance with ____________ provisions and the Chief’s Advisory Action Board outlined in this Article.

General Manual

ARTICLE 29 Internal Security Interview Procedure Section 4. Chief’s City Vehicle Accident Advisory Action Board. D. An Officer will be retrained for an accumulation of points or the number of accidents at the Chief’s discretion. The occurrence of two chargeable accidents within a two-year period will serve as a baseline for the Chief or the Board to review individual cases and training needs. Ultimately, retraining will be determined on the basis of _______ of the accidents, which may drastically differ from one case to another.

severity 🤔

ARTICLE 33 Educational Incentive Pay Educational Incentive Pay shall be provided immediately to Officers who qualify for such payment by furnishing documented proof of an Associate's, Bachelor's, Master’s or Doctorate Degree to the Training Academy. Officers who hold Associate’s, Bachelor’s, Master’s Degree or Doctorate shall receive Educational Incentive Pay. All college hours must come from an “Accredited College or University.” For purposes of this Agreement, an institution of higher education must be accredited by a state education department, or by either the Southern Association of Colleges and Schools or a similar regional association recognized by the United States Department of Education. In cases where the validity of a college or university accreditation is raised, outside of this definition, the Chief, at his discretion, may accept or reject the question of any university’s accreditation. Payment shall be made monthly as follows:

Associates Degree $215.00 per month Bachelor’s Degree $315.00 per month Master’s Degree $335.00 per month Doctors or Equivalent $350.00 per month 65 to 94 college hours $60.00 per month 95 to 124 college hours $90.00 per month 125 to 154 college hours $120.00 per month 155 to 184 college hours $150.00 per month 185 to 214 college hours $180.00 per month 215 to 229 college hours $210.00 per month 230 or more college hours $240.00 per month Nothing in this article should be construed to entitle an Officer to receive educational incentive pay pursuant to this section for both college hours and a college degree.

ARTICLE 33 Educational Incentive Pay Educational Incentive Pay shall be provided immediately to Officers who qualify for such payment by furnishing documented proof of an Associate's, Bachelor's, Master’s or Doctorate Degree to the Training Academy. Officers who hold Associate’s, Bachelor’s, Master’s Degree or Doctorate shall receive Educational Incentive Pay. All college hours must come from an “Accredited College or University.” For purposes of this Agreement, an institution of higher education must be accredited by a state education department, or by either the Southern Association of Colleges and Schools or a similar regional association recognized by the United States Department of Education. In cases where the validity of a college or university accreditation is raised, outside of this definition, the ______, at his discretion, may accept or reject the question of any university’s accreditation.

the Chief Nothing in this article should be construed to entitle an Officer to receive educational incentive pay pursuant to this section for both college hours and a college degree.

ARTICLE 33 Educational Incentive Pay Section 2. Law Enforcement Related Courses. A. Officers graduating from the Academy shall be required to have a minimum of ___________ college accredited hours before the expiration of one year after the completion of the thirty (30) week period following graduation from the Academy. The City shall ensure that, upon entrance to the Academy, each cadet is informed in writing of this requirement, the cadet acknowledges his understanding in writing, and the writing is made a permanent part of his file.

minimum of thirty-one (31) college accredited hours

ARTICLE 33 Educational Incentive Pay Section 2. Law Enforcement Related Courses. Officers shall be entitled to receive reimbursement for tuition, fees, on-campus parking and the price of required text(s) at a college or university for course hours in an accredited degree program. Reimbursement shall be made in accordance with the following schedule:

A. = 100% B = 90% C = 80% D or F = 0%

ARTICLE 33 Educational Incentive Pay Section 2. Law Enforcement Related Courses. C. Officers who are enrolled in an accredited college or university and who under an approved college or university master’s or doctorate degree plan are required to complete any course that is not assigned a grade, will upon successful completion of the course, be reimbursed by the City at ____% upon presentation of documentation of payment to the registrar’s office of the college or university at the end of the semester of the required course.

100%

ARTICLE 33 Educational Incentive Pay Section 2. Law Enforcement Related Courses. B. Officers who fail to complete the minimum of thirty-one (31) college accredited hour requirement(s) shall not be allowed to move into the "_______" Police Officer pay status until the requirements are met. Officers who have all the college accredited hours required by this section shall not be required to meet the additional standards outlined above.

"Class B" Police Officer pay status Officers shall be required to show proof of achieving the above required college hours prior to being moved into "Class B" Police Officer pay status.

ARTICLE 34 Certification and Instructors Pay Certification Pay. Basic Certification Officers who hold a Basic Certificate issued by the Texas Commission on Law Enforcement Officer Standards and Education shall receive _______ Dollars per month.

Fifty ($50.00) Dollars

ARTICLE 34 Certification and Instructors Pay Certification Pay. Intermediate Certification Officers who hold an Intermediate Certificate shall receive ______ per month.

One Hundred and Sixty Dollars ($160.00) per month.

ARTICLE 34 Certification and Instructors Pay Certification Pay. Advanced Certification Officers who hold an Advanced Certificate shall receive __________ per month.

Two Hundred Dollars ($200.00) per month

ARTICLE 34 Certification and Instructors Pay Certification Pay. Masters Certification Officers who hold a Master’s Certificate shall receive _________ per month.

Two Hundred and Forty Dollars ($240.00) per month.

ARTICLE 33 Educational Incentive Pay D. The City shall reimburse bargaining unit employees for tuition under the following circumstances:

1. The tuition rate will not exceed the tuition rate charged by the UTSA; and 2. Such reimbursement for tuition and fees shall only be paid at Texas residency rates; and 3. City tuition reimbursement is secondary to other sources such as grants or scholarships.

Section 2. Instructors Certificate. Officers who hold an active or inactive Instructors Certificate issued by the Texas Commission on Law Enforcement Standards and Education shall receive Twenty Dollars ($20.00) per month regardless of the Certificate held. Payment shall be made monthly. The Chief shall have the right to require the Officer to produce a copy of the certificate or other valid verification prior to approval for the employee to receive such payments. Only officers who have obtained Texas Instructors Certificate (T.I.C.) through Departmental approval will be eligible for T.I.C. pay. Officers who possess T.I.C., whether active or in-active prior to April 1, 2004, will automatically qualify for T.I.C. pay. Officers who are actively involved in teaching or instructing citizens or other Police Officers may request, through their chain-of-command, inclusion in the next academy sponsored __________________. Admittance shall not be unreasonably denied, however, admittance shall be at the discretion of the Academy Commander and limited based on available classroom size.

Texas Commission on Law Enforcement Standards and Education Instructors Training Course

ARTICLE 35 Psychological and/or Medical Examination Section 1. Psychological and/or Medical Evaluation. The Chief shall have the authority at any time to require an Officer to submit to psychological evaluation or treatment and/or medical evaluation, at the __________'s expense, to be performed by a qualified psychologist, psychiatrist, counselor, therapist, or medical doctor chosen by the City. An Officer ordered either to submit to such an evaluation or to submit to a “fitness for duty” evaluation pursuant to Section 143.081 of the Local Government Code, must authorize, in writing, the release of the results of the examination to the Chief, as the Officer’s employer. If indicated by the evaluation, the Chief may order an Officer to undergo treatment by an appropriate health care practitioner of the officer’s choosing.

the City's expense

ARTICLE 35 Section 2. Commitment to Effective Drug Interdiction Program. A. _______ % of Officers shall be susceptible to mandatory drug testing during each calendar year on a fair and impartial statistical basis at the City’s expense. The fair and impartial statistical basis (in which each Officer has an equal chance of being selected during a calendar year) shall be by a non-discriminatory computerized program operated and certified as non-discriminatory by an independent firm hired by the City, and the Officer shall be tested upon being selected by the computer.

One Hundred Percent (100%) of Officers of all ranks, including the Chief

ARTICLE 35 Section 2. Commitment to Effective Drug Interdiction Program. The City and the Association have a mutual interest in ensuring that drug impaired Officers do not perform law enforcement duties. The City and the Association agree that the purpose of the mandatory drug testing policy is _________ an officer who has not violated the Police Department’s rules, regulations, policies or procedures.

not to punish The City and the Association are committed to the principle that the mandatory drug testing policy for officers is designed and shall be administered to result in disciplinary action only against those Officers who have violated the Police Department’s rules, regulations, policies or procedures.

ARTICLE 35 Section 2. Commitment to Effective Drug Interdiction Program. Where an Officer appears unable or unwilling to give a specimen at the time of the test, testing personnel will document the circumstances surrounding the inability or unwillingness. The officer will be permitted no more than ___ hours to provide the sample during which time he will remain in the testing area under observation. Reasonable amounts of fluids may be given to the Officer to encourage urination. Failure to provide a sample may be considered a refusal to submit to a drug test.

no more than four (4) hours

ARTICLE 35 Section 2. Commitment to Effective Drug Interdiction Program. Officers shall have the right to request that their urine sample be stored in case of legal disputes. The urine sample will be submitted to the designated testing facility where a sample will be maintained for a period of one-year. Officers may at their own expense request to have the test for urine, blood and/or hair administered at a qualified physician’s office or certified testing laboratory, accompanied by the testing personnel provided such testing is administered within five (5) hours after notification by the Chief (and the sample shall be properly handled by a certified testing laboratory). B. Drug testing shall consist of a two-step procedure:

1. Initial screening test. 2. Confirmation test. Should a confirmation test be required, the test procedure will be technologically different and more sensitive than the initial screening test.

ARTICLE 35 Section 2. Commitment to Effective Drug Interdiction Program. Officers shall have the right to request that their urine sample be stored in case of legal disputes. The urine sample will be submitted to the designated testing facility where a sample will be maintained for a period of ________. Officers may at their own expense request to have the test for urine, blood and/or hair administered at a qualified physician’s office or certified testing laboratory, accompanied by the testing personnel provided such testing is administered within five (5) hours after notification by the Chief (and the sample shall be properly handled by a certified testing laboratory).

one-year

ARTICLE 35 Section 2. Commitment to Effective Drug Interdiction Program. Drug testing shall consist of a two-step procedure:

1. Initial screening test. | 2. Confirmation test.

ARTICLE 35 Section 2. Commitment to Effective Drug Interdiction Program. The City and the Association will agree within ______________calendar days as to a SAMHSA/CAP FUDTP certified laboratory selected to conduct drug testing. The laboratory selected shall be experienced and capable of quality control documentation, chain of custody and have a demonstrated technical expertise and proficiency in urinalysis and shall comply with all requirement of SAMHSA/CAP FUDTP. The City shall require any laboratory selected for collecting samples to conduct a background investigation on those laboratory personnel involved in the collecting or handling of an unsealed sample. In addition, the City shall require any laboratory selected for collecting samples to use only employees who have not been arrested by Officers of the San Antonio Police Department or convicted of a felony or misdemeanor crime involving dishonest conduct or possession of illegal drugs to be involved in the collecting or handling of an unsealed sample collected from an Officer. Test results shall be inadmissible in any administrative disciplinary hearing if it is determined that the laboratory collecting samples failed to conduct a background investigation on the laboratory personnel involved in collecting or handling the unsealed sample which resulted in a positive test result.

one hundred and eighty (180) calendar days

ARTICLE 35 Section 2. Commitment to Effective Drug Interdiction Program. All records pertaining to the Department required drug tests shall remain confidential except to the extent used in a _______________. Drug test results and records shall be stored in a locked file under the control of the Chief. The Chief will maintain original copies submitted by the laboratory. No access to these files shall be allowed without written approval of the Chief.

disciplinary process and appeal.

ARTICLE 35 Section 2. Commitment to Effective Drug Interdiction Program. The City and the Association agree to a zero tolerance policy for the use of drugs and alcohol while on duty or driving a City vehicle, and also agree to require post-accident mandatory drug/alcohol testing of any officer involved in a vehicular accident in a City vehicle which results in a ___________________.

*death*, injury to any person requiring medical treatment or significant property damage (as determined by a supervisor) which for a vehicle is a *damage rating of 3 or more*, as defined in the Texas Department of Transportation Vehicle Damage Guide for Traffic Crash Investigator. Drug testing shall be in accordance with the testing guidelines set forth in subsection (B) above. Alcohol testing shall be by breathalyzer or other recognized scientific process. The assigned severity code, resulting in a decision to test/not test is non-grievable.

ARTICLE 35 Section 2. Commitment to Effective Drug Interdiction Program. Nothing in this section shall be construed to prohibit the Chief from conducting a drug test on an Officer based upon reasonable suspicion in accordance with the guidelines as set forth by this section. E. For the purposes of this section:

1. “drug testing” shall be defined as the compulsory production and submission of urine by an Officer for chemical analysis to detect the presence of prohibited drug usage. 2. “reasonable suspicion” shall be defined as a judgment/conclusion that a person is unable to safely and/or effectively perform their duties due to the suspected influence of drugs, alcohol, or inhalants. Reasonable suspicion is based on specific, observable facts that an officer may be under the influence of drugs, alcohol, or inhalants. 3. “drug/alcohol testing” shall be defined for post-accident incidents as the compulsory production and submission of urine, breath, or blood for analysis to detect the presence of prohibited drug(s) or alcohol.

ARTICLE 36 City Protection for Police Officers The City _____ defend in or out of court any Police Officer who incurs a charge or lawsuit as a result of the lawful performance of his duties pursuant to the provisions of City guidelines as adopted and approved under City Ordinance No. 83927.

will

ARTICLE 37 Employee Personnel Systems Section 1. Police Personnel Unit. A. The City shall implement a Police Personnel Unit. Such unit shall be staffed with a minimum of one (1) Sergeant or above, support personnel, and the operational equipment, i.e., computers. At the discretion of the Chief and without limiting his authority to determine the manpower and/or staffing needs of any unit and/or the Department as a whole, this unit's primary functions shall be to make recommendations to the Chief:

1. To set the amount and type of relief days assigned to each police station; 2. To set the number of Officers assigned to each work station and the actual personnel on a seniority basis assigned to each patrol shift at each police station. B. Additionally, this unit shall: 1. Maintain an updated, City-wide file of all Officer requests for relief days and work station assignments; and 2. Process assignmentof relief days, from saidoffice, by seniority of requests on file pursuant to Article 12 of this Agreement.

ARTICLE 37 Employee Personnel Systems Section 2. Thirty (30) Day Requirement. All premium relief days shall be filled or abolished in accordance with current practice within thirty (30) calendar days. For purposes of this section, premium relief days shall be defined as ____________________. If any shifts are established with a four-day work week, premium relief days for those shifts shall be defined as:

Thursday/Friday, Friday/Saturday, Saturday/Sunday, and Sunday/Monday Thursday/Friday/Saturday; Friday/Saturday/Sunday; Saturday/Sunday/Monday and Sunday/Monday/Tuesday

Thirty (30) Calendar Day Exception The thirty (30) calendar day requirement shall be waived from ________ to ________ each year.

February 24 through the last day of Fiesta Officers having transferred into any assignment and who meet their six (6) month requirement for seniority eligibility during the Fiesta break will be eligible only for premium days that become available after their six month eligibility has been met. For example, an Officer who meets his six-month requirement on March 15th would not be eligible for any premium relief days that become available before that date. It is agreed and understood that only prime relief days that become available during the waived Fiesta period can be guaranteed to the most eligible Officer under this exception clause. All non- premium relief days that would have become available as a result of the guaranteed transfer that would have taken place were it not within the Fiesta period, and that are not premium relief days will be filled in accordance with available openings after the waived Fiesta period ends. All premium relief days being vacated during the Fiesta period shall be filled within thirty (30) calendar days after the last day of Fiesta. While it is understood that situations may arise when there will be legitimate reasons for eliminating a particular set of relief days, premium relief days shall not be abolished for the purpose of compliance with this section.

ARTICLE 37 Employee Personnel Systems Section 3. Nepotism. No Officer shall be allowed to work under the direct supervision of a relative. Relatives may be co-workers in the same division. No Officer shall be allowed to exercise his seniority in applying for positions that would place him under the direct supervision of a relative. No supervisory Officer shall be allowed to exercise his seniority in applying for positions that would place him in direct supervision of a relative. For the purposes of this section, relative means:

persons related through blood or marriage, and include spouses, parents, children, brothers or sisters, and in-laws standing in the same relationships.

ARTICLE 37 Employee Personnel Systems Section 4. Personnel Career Activity System. All Officers requesting transfers to positions outside of the patrol shifts will utilize the Personnel Career Activity System (PCAS). When Division Commanders are authorized to fill a current vacancy or newly created position, the Division Commanders shall request the position be advertised in the Daily Bulletin for a period of not less than four (4) calendar days. Only Division Commanders shall request the list of qualified candidates from the Manpower Allocations Detail. 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 _______ 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.

are not So why bother? 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.

ARTICLE 38 Miscellaneous Provisions Section l. Service Handgun/Badge Upon Retirement. Each Officer who retires from the force ______ be given their service handgun and badge at no charge.

shall be given their service handgun and badge at no charge.

ARTICLE 38 Miscellaneous Provisions Section 2. Service-Connected Death. In the event of an Officer’s death in the course and scope of employment, over and above the City's life insurance/accidental insurance benefit, the City shall pay ___________ payable within 10 calendar days to the Officer's beneficiary as designated in the City's life insurance program and provide ________.

funeral expenses of $10,000 at no cost the Officer’s badge and service handgun to that beneficiary if otherwise legal

ARTICLE 38 Miscellaneous Provisions Section 3. Special Assignments. A. Except as provided elsewhere in this Agreement, the City shall have a right to place Officers on special assignment. Officers placed on special assignment on an involuntary basis shall work the assignment for a maximum of __________ calendar days.

sixty (60) calendar days At the end of the sixty (60) calendar day period, the Chief of Police may extend the term, based on extenuating circumstances. Officers whose assignment exceeds the original sixty (60) calendar day period shall relinquish their seniority and relief days from the original, permanent assigned unit. Officers who object to the continuation of the special assignment after the sixty (60) calendar day period shall be returned to their assigned unit. Officers returning to an original unit from a special assignment that exceeded the sixty (60) calendar day limit must re-bid on relief days, based on the next available opening (no six (6)-month waiting period unless the special assignment goes beyond one hundred and eighty (180) calendar days, in which case the officer will be required to wait the six (6) months).

ARTICLE 38 Miscellaneous Provisions Section 3. Special Assignments. B. Officers placed on special assignment on a voluntary basis may work the assignment for a maximum of ____________ calendar days. Officers whose assignment exceeds the original one hundred and eighty (180) calendar day period shall relinquish their seniority and relief days from their original, permanent assigned unit. Officers returning to their original unit from a special assignment that exceeded one hundred and eighty (180) calendar days must re-bid on relief days, based on the next available opening.

one hundred and eighty (180) calendar days.

ARTICLE 38 Miscellaneous Provisions Section 4. Permanent Personnel File. The City ________ maintain a permanent personnel file on each Officer.

shall be required to the requirements as outlined in Section 143.089, Local Government Code or its successor in function.

ARTICLE 38 Miscellaneous Provisions Section 5. Exception to Open Records Act (Officer File Photo). Contained within each Officer's permanent personnel file shall be a photograph(s) as defined by H.B. No. 474, Article 2.12 of the Code of Criminal Procedure. The same shall not be released to the public or the press where the same would endanger the life or the physical safety of the officer unless:

The Officer is under indictment or charged by an offense by information; or The Officer is a party in a Civil Service hearing or a case in arbitration; or The photograph is introduced as evidence in a judicial proceeding.

ARTICLE 38 Miscellaneous Provisions Section 6. Pay Stub. The City will utilize electronic or paper payroll check stubs with current data showing accrued balances of ________________.

``` sick leave, bonus leave, accrued holidays, compensatory time, vacation time, and military leave. ```

ARTICLE 38 Miscellaneous Provisions Section 7. Family Assistance Officer. The Chief ______ appoint a Family Assistance Officer. The Family Assistance Officer will be relieved of regular duty on a case-by-case basis in order to assist the families of officers who die or are seriously injured while on active duty, or suffer a catastrophic illness in making appropriate arrangements and completing necessary paperwork.

shall

ARTICLE 38 Miscellaneous Provisions Section 8. Reimbursement for Lost, Damaged, or Stolen Items. The Chief shall have discretion to reimburse any Officer, the replacement value (up to a maximum of _________), for any personal item lost, damaged, or stolen (including clothing) as a result of on-duty employment. The Chief shall also have the discretion to reimburse any Officer the replacement value, equivalent to the specifications for a Department approved personal rifle or shotgun as determined by the Firearms Proficiency Control Officer or Training Academy Commander’s designee, for a personal rifle or shotgun lost, damaged, or stolen as a result of on- duty employment. The Chief's decision in this regard shall be final and is not subject to grievance and/or arbitration.

$250.00 ****The Chief's decision in this regard shall be final and is not subject to grievance and/or arbitration.****

ARTICLE 38 Miscellaneous Provisions Section 9. Physical Fitness. The City and the Association are committed to a healthy, physically fit and well-trained police department. In demonstrating this commitment, Officers who participate and meet standards as established in a police academy sponsored wellness program or who score the standards set out in this section during annual in-service training shall be awarded the __________________ outlined herein.

administrative leave incentives

ARTICLE 38 Miscellaneous Provisions Section 9. Physical Fitness. During _________ of each year preceding the starting date of each yearly in-service training, the Chief and the President of the Association shall appoint three (3) members each (six total) to a physical fitness panel. It will be the sole responsibility of this panel to set point values, time limits, and the necessary requirements for the wellness program and for achieving incentives for the next year’s in-service. The Chief and Association shall provide written notice of their appointees to the physical fitness panel at least _________ calendar days before the panel is scheduled to meet. Through the use of both the most current Physical Fitness Standard number scale criteria, and the previous year testing results, the panel will set standards which best create a performance curve of the Department and provide incentives based on performance according to sex and age groupings. The panel shall reach an agreement on all items relating to point values, time limits, or necessary requirements, and all recommendations shall be forwarded to the Chief. The Chief can veto any recommendation and return the recommendation to the panel for re-examination. The _________________ shall act as the non-voting moderator and will be responsible to ensure the panel meets at the required stated time.

October thirty (30) calendar days Training Academy Commander

ARTICLE 38 Miscellaneous Provisions Section 9. Physical Fitness. A. Academy Sponsored Wellness Program. Officers may elect to participate in a personalized wellness program individually designed for the Officer by the fitness panel. Officers participating in personalized programs will have administrative leave incentives set by fitness panel. Personalized incentives will be awarded in accordance with personalized goals and objectives met by the individual officer involved. The Chief or designee will approve all panel approved individual wellness programs and award incentives of ______ to _____ hours in accordance with this Agreement and the success of the individual Officer in achievement of the designed goals and objectives which will be measured by the fitness test.

eight (8) to forty (40) hours C. Incentives sixteen (16) to forty (40) administrative leave hours These differ. *?*

ARTICLE 38 Miscellaneous Provisions Section 9. Physical Fitness. B. In-Service Physical Standards. A PT staff member will monitor each Officer’s sit-ups, push-ups, vertical jump, mile and one- half run, dummy drag and stationary or bicycle ride. The sit-ups, push-ups, weight control and vertical jump will be monitored on a __________ basis.

one-on-one (sit-ups, push-ups, weight control and vertical jump) A PT staff member’s monitor ``` sit-ups, push-ups, vertical jump, mile and one-half run (1 1/2 mile run), dummy drag stationary or bicycle ride ```

ARTICLE 38 Miscellaneous Provisions Section 9. Physical Fitness. C. Incentives. Officers who successfully complete any combination of exercises and who score within the pre-designated total point range will receive the corresponding physical fitness incentive of ______ to _______ administrative leave hours.

sixteen (16) to forty (40) administrative leave hours **** A. Academy Sponsored Wellness Program. eight (8) to forty (40) hours***** These differ. *?*

ARTICLE 38 Miscellaneous Provisions Section 9. Physical Fitness. Officers who participate in the physical fitness program for _____ consecutive years during in- service and who do not receive an incentive shall receive one-day administrative leave for their participating in the program. For purposes of this section the physical fitness panel shall define participation for each year. Officers may select ______ of the six events (which may include but shall not be limited to, sit ups, push ups, vertical jump, mile and one half run and/or walk, stationary or bicycle ride, and sprint, wall, drag) in which to participate in to achieve their goal. ____________ is not an event but will be counted towards the Officers overall score. No points will be subtracted for not participating in any individual event. Officers on light duty, that have a documented injury will need to provide the Academy PT staff with a copy of their 172-form in order to reschedule a make-up with the PT staff. Officers who cannot participate in the physical fitness portion of their scheduled in-service due to a documented injury will have sixty (60) calendar days from the date they return to full duty in order to complete this portion of their in-service and qualify for the administrative leave hours. Officers who attend their scheduled in-service but miss participating in the physical fitness portion due to Departmental business or other emergency, but not a documented injury, have thirty (30) calendar days from their scheduled in-service date to reschedule a make-up with the PT staff. The award of administrative leave or lack thereof shall not be the grounds for a grievance. Decision by Academy staff as to the actual individual completion times or individual completion of exercise requirements shall be final. This leave shall be awarded the second pay period of the following quarter in which the Officer earned the administrative leave hours and the Officer has ____ calendar days from the date posted to the individual Officer’s leave bank to use it.

three consecutive years five Weight loss 365 calendar days

ARTICLE 38 Miscellaneous Provisions Section 11. Preemption of Civil Service Chapter 143 Claims for Public Safety and Police Personnel. The City and the Association agree that officers covered by the Meet & Confer Agreement between the City of San Antonio and San Antonio Park Police Officers Association, including but not limited to _________________, are not members of the bargaining unit covered by and have no rights under the Agreement between the City of San Antonio and the San Antonio Police Officers Association.

Park Police, Airport Police, Code Abatement Officers and Deputy City Marshals The parties agree that members of the bargaining unit covered by the Meet & Confer Agreement between the City of San Antonio and the San Antonio Park Police Officers Association and/or San Antonio Airport Police Officers Association are not officers who have been hired in substantial compliance with Chapter 143 pertaining to civil service police positions, and are not officers who must have knowledge of work within the San Antonio Police Department in their duties, jobs, and responsibilities. This provision preempts any contrary provisions of Chapter 143 which might otherwise be applicable to such officers covered by the Meet & Confer Agreement between the City of San Antonio and San Antonio Park Police Officers Association, and/or San Antonio Airport Police Officers Association and preempts any rights, privileges, or benefits to such officers which might arguably result from the creation of additional civil service positions.

ARTICLE 38 Miscellaneous Provisions Section 11. Preemption of Civil Service Chapter 143 Claims for Public Safety and Police Personnel. The parties agree that members of the bargaining unit covered by the Meet & Confer Agreement between the City of San Antonio and the San Antonio Park Police Officers Association and/or San Antonio Airport Police Officers Association are not officers who have been hired in substantial compliance with Chapter 143 pertaining to civil service police positions, and are _____________ who must have knowledge of work within the San Antonio Police Department in their duties, jobs, and responsibilities.

not officers who must have knowledge of work within the San Antonio Police Department in their duties, jobs, and responsibilities.

ARTICLE 39 Civilianization Section 1. Notwithstanding any provision in this agreement to the contrary (if any), and without altering any other provision of this Agreement, the City is authorized to civilianize the following positions or units: and any civilianization action heretofore taken by the City is hereby ratified and approved by the Association.

1. Court Liaison 2. Facilities Management 3. Communications 4. Research and Planning 5. Municipal Integrity 6. Crime Scene Unit 7. UCR/Report Review 8. Youth Services 9. Vehicle Storage In addition to the listed functions above, the administrative services positions titled Service and Support Office as reflected on the attached Organizational Chart, shall be a civilian position irrespective of the fact that portions of the job description carried out by that position have previously been the responsibility of sworn civil service personnel. It is understood and agreed, however, that the civilian position shall at no time supervise or command sworn civil service personnel.

ARTICLE 39 Civilianization Section 1. The City agrees to maintain staffing levels in the Crime Scene Unit at no less than __% sworn officers, not to include supervisors, it being understood that any reduction in the percentage of sworn officers shall be by attrition or enhanced authorized staffing only.

30% It is understood and agreed, however, that when the Chief implements the UED program under Article 11, this percentage may be reduced pro-rata with the transfer of personnel to other assignments in accordance with Article 11 Section 7. The Chief will meet with Association representatives from time to time to make sure that implementation protocols and procedures for patrol and dispatch sufficiently provide for the safety of officers, the safety of civilian employees and the public generally, and effective prosecution. The lead incident commander of the shooting investigation team shall be a sworn Officer.

ARTICLE 39 Civilianization Section 1. Officers and Detectives assigned to Vehicle Storage, Communications and Youth Services at the time of the City Council approval of this Agreement who also receive shift differential pay will retain the shift differential pay if they are involuntarily reassigned due to civilianization of the units until they voluntarily transfer to a job assignment without shift differential. The City shall notify the Association President at least ninety (90) calendar days prior to civilianization of Vehicle Storage, Communications, Youth Services and jobs traditionally performed by sworn officers and shall consult, and reach mutual agreement, with the Association President over the effects of such civilianization. The City agrees the effect of civilianization ________ reduce the authorized number of sworn Police Officers, Detectives or Supervisors.

shall not

ARTICLE 39 Civilianization Section 2. The City of San Antonio may additionally utilize civilians in any position created in the future, that does not require the individual to have and exercise the power of arrest under the standards for distinguishing between classified and civilian positions set forth in ________________, or any later decision by the Supreme Court of Texas.

Lee v. City of Houston

ARTICLE 40 Savings Clause Should any provision of this Agreement be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this Agreement ______ remain in full force and effect for the duration of this Agreement, it being the intention of the parties that no portion of this Agreement or provision herein shall become inoperative or fail by reason of the invalidity of any other portion or provision.

shall

This Agreement shall be effective upon ratification of the membership and approval of the City Council. All pay increases, leave, or changes in benefits, shall be implemented in accordance with the respective timelines outlined herein. The 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 30th day of *September, 2021*, 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 30th, 2029.* The City agrees that negotiations for the contract beginning October 1, 2021 will commence no later than *January, 2021.* The City and the Association agree to make good faith efforts to reach an agreement before October 1, 2021.

ARTICLE 7 Management Rights 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. **** 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. ****

ARTICLE 9 Labor Relations Committee Section 1. Labor Relations Committee. Page 18 - 19 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 uniform specifications other areas of common Officer interest ```

ARTICLE 10 Safety and Equipment Section 6. Ammunition. Page 22 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 .40 caliber ammunition per year.

ARTICLE 10 Safety and Equipment Section 7. Labor Relations Committee as Equipment Advisory Committee. Page 22 A. The Labor Relations Committee shall also 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 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 City-wide basis for all departments.