Meet And Confer Agreement Flashcards
1
Q
What 4 fiscal years does the meet and confer agreement cover?
A
2015-2016
2016-2017
2017-2018
2018-2019
2
Q
Who is the meet and confer agreement between?
A
The City of Denton and
Denton Fire Fighters Association IAFF Local 1291
3
Q
How many articles are there in the meet and confer agreement?
A
17
4
Q
What is article 1 of the meet and confer agreement?
A
Recognition
5
Q
What is article 2 of the meet and confer agreement?
A
Transition for certain civil service and appointed positions
6
Q
What is article 3 of the meet and confer agreement?
A
Labor/ Management relations
7
Q
What is article 4 of the meet and confer agreement?
A
Hiring process
8
Q
What is article 5 of the meet and confer agreement?
A
Promotions
9
Q
What is article 6 of the meet and confer agreement?
A
Appointed positions for assistant chief
10
Q
What is article 7 of the meet and confer agreement?
A
Nepotism
11
Q
What is article 8 of the meet and confer agreement?
A
Safety and health
12
Q
What is article 9 of the meet and confer agreement?
A
Discipline
13
Q
What is article 10 of the meet and confer agreement?
A
Compensation
14
Q
What is article 11 of the meet and confer agreement?
A
Certification and education pays
15
Q
What is article 12 of the meet and confer agreement?
A
Pension
16
Q
What is article 13 of the meet and confer agreement?
A
Deferred compensation plan
17
Q
What is article 14 of the meet and confer agreement?
A
Association business leave
18
Q
What is article 15 of the meet and confer agreement?
A
Contract interpretation dispute resolution procedure
19
Q
What is article 16 of the meet and confer agreement?
A
Term of agreement
20
Q
What is article 17 of the meet and confer agreement?
A
Savings clause, preemption provision, and complete agreement clause
21
Q
How many exhibits are presented?
A
3
22
Q
What is exhibit A?
A
Panel of arbitrators
23
Q
What is exhibit B?
A
Nepotism policy
24
Q
What is exhibit C?
A
April 17, 2015 Letter of Agreement
25
For the purpose of this meet and confer agreement what is the definition of "agreement"?
This meet and confer agreement entered between the city of Denton and Denton fire fighters association IAFF Local 1291
26
For the purpose of this meet and confer agreement what is the definition of "association"?
The Denton Fire Fighters Association IAFF Local 1291, its elected leaders and its collective membership
27
For the purpose of this meet and confer agreement what is the definition of "city"?
The city of Denton, its mayor, city council members, city manger, fire chief and those persons designated by the city of Denton to manage the city and its Fire Department
28
For the purpose of this meet and confer agreement what is the definition of the term "commission"?
The Denton fire fighters' and police officers' civil service commission
29
For the purpose of this meet and confer agreement what is the definition of the term "days"?
Calendar days unless otherwise specified
30
For the purpose of this meet and confer agreement what is the definition of the term "department" or "fire department"?
Denton Fire Department
31
For the purpose of this meet and confer agreement what is the definition of the term "department head" or "Fire Chief"?
The fire chief of the Denton fire department, designee, interim, or an acting chief of the Denton fire department
32
For the purpose of this meet and confer agreement what is the definition of the term "director"?
Director of the Denton fire fighters' and police officers' civil service commission
33
For the purpose of this meet and confer agreement what is the definition of the term "firefighter"?
A member of the Denton fire department who was appointed in substantial compliance with chapter 143 of the Texas local government code who is entitled to civil service status under section 143.005 of the Texas local government code and excludes persons attaining civil service status under article 2
34
For the purpose of this meet and confer agreement what is the definition of the term "local rule"?
The local rules and regulations of the Denton Fire Fighters' and Police Officers' civil service commission
35
For the purpose of this meet and confer agreement what is the definition of the term "newly classified employee"?
A person attaining civil service status under article 2
36
For the purpose of this meet and confer agreement what is the definition of "parties"?
The city of denton and the denton fire fighters association IAFF local 1291
37
For the purpose of this meet and confer agreement what is the definition of "party"?
Either the cit of denton or the denton fire fighters association IAFF local 1291
38
According to article 1 who does the city of denton recognize as the sole and exclusive bargaining agent?
Denton fire fighters association IAFF local no. 1291
39
According to article 1 for whom is the denton fire fighters association, IAFF local no. 1291 not the exclusive bargaining agent?
Head of the fire department
Employees exempt under subsection (b) of 142.108, in accordance with subchapter C of chapter 142 of the Texas local government code
40
According to article 2 when did parties agree to reclassify certain non-civil service civilian positions in prevention and administration to civil service?
Prior agreements:
Effective October 1 2006 (2006-2009 agreement)
Effective October 1 2009 (2009-2012 agreement and amendments)
41
According to article 2 why in prior agreements did the parties agree to reclassify positions in prevention and administration to civil service?
For certain civil service benefits and protocols
| To create a more unified department incorporating operations, administration, and fire prevention
42
According to article 2 is the reclassification of positions permanent?
Yes
43
According to article 2 what 8 former non-civil service positions were affected by article 2 of the 2006-2009 agreement?
1. Public Education Officer
2. Fire Inspector
3. Senior Fire Inspector
4. Fire Protection Engineer Associate
5. Assistant Fire Marshal
6. Fire Marshal
7. Fire Recruitment Management Analyst
8. Emergency Management Program Manager
44
According to article 2 was an employee affected by article 2 of the 2006-2009 agreement required to take a competitive examination to remain in the employee's position?
Not if the employee was appointed to the position before October 1 2006
45
According to article 2 what provisions of civil service status did employees affected by article 2 of the 2006-2009 agreement not qualify for?
Those provisions relating to promotions or transfers and except as otherwise provided in the 2006-2009 agreement and 2009-2012 agreement and amendments
46
According to article 2 what 7 current civil service positions are affected by this article?
1. Fire Inspector Specialist I
2. Fire Inspector Specialist II
3. Fire Protection Specialist
4. Deputy Fire Marshal
5. Fire Marshal
6. Fire Recruitment Management Analyst/ Fire Community Service Officer
7. Emergency Management Program Manager
47
According to article 2 pursuant to the terms of the 2006-2009 agreement what did the Fire Inspector Specialist classification replace?
Public Education Officer
Fire Inspector
Senior Fire Inspector
48
According to article 2 pursuant to the 2009-2012 agreement and its amendments what was Fire Inspector reclassified as?
Fire Inspector Specialist I
49
According to article 2 pursuant to the 2009-2012 agreement and its amendments what was the salary of the Fire Inspector Specialist I?
At the current Fire fighter base pay and applicable step pay
50
According to article 2 pursuant to the 2009-2012 agreement and its amendments what was the assignment pay for Fire Inspector Specialist I?
$300 per month
51
According to article 2 pursuant to the 2009-2012 agreement and its amendments how is step determination based for Fire Inspector Specialist I?
On the time in rank of fire fighter and fire inspector specialist I
52
According to article 2 pursuant to the 2009-2012 agreement and its amendments what new supervisory Fire Prevention position was established?
Fire Inspector Specialist II
53
According to article 2 pursuant to the 2009-2012 agreement and its amendments what was the salary of the newly created Fire Inspector Specialist II?
The current Fire Driver base pay and applicable step pay
54
According to article 2 pursuant to the 2009-2012 agreement and its amendments what was the assignment pay for Fire Inspector Specialist II?
$400 per month
55
According to article 2 pursuant to the 2009-2012 agreement and its amendments what is step determination based on for Fire Inspector Specialist II?
Time in rank of Fire Driver and Fire Inspector Specialist II
56
According to article 2 pursuant to the 2006-2009 agreement what happened to the Fire Protection Engineer Associate position?
Classified in place
57
According to article 2 pursuant to the 2006-2009 agreement what would happen to the Fire Protection Engineer Associate position when it was vacated?
Eliminated and replaced with the classification of Fire Protection Specialist
58
According to article 2 pursuant to the 2006-2009 agreement what was the salary of the Fire Protection Specialist?
Current Fire Captain base pay plus applicable step pay
59
According to article 2 pursuant to the 2006-2009 agreement what was the assignment pay for the Fire Protection Specialist?
$500 per month
60
According to article 2 pursuant to the 2006-2009 agreement what was the step determination based on for the Fire Protection Specialist?
Time in rank of Fire Captain and Fire Protection Specialist
61
According to article 2 pursuant to the 2006-2009 agreement what happened to the Assistant Fire Marshal position?
Classified in place
62
According to article 2 pursuant to the 2006-2009 agreement what happened to the Assistant Fire Marshal position in 2013 as a result of the second amendment to the 2009-2012 agreement and its amendment?
Eliminated and replaced with the classification of Deputy Fire Marshal
63
According to article 2 what eliminated and reclassified the Assistant Fire Marshal position with the Deputy Fire Marshal position?
Second amendment to the 2009-2012 agreement and its amendment in 2013
64
According to article 2 pursuant to the 2006-2009 agreement and the second amendment of the 2009-2012 agreement and its amendment in 2013 what is the salary of the Deputy Fire Marshal?
Fire Battalion Chief base pay and applicable step pay
65
According to article 2 pursuant to the 2006-2009 agreement and the second amendment of the 2009-2012 agreement and its amendment in 2013 what is the assignment pay for Deputy Fire Marshal?
$600 per month
66
According to article 2 pursuant to the 2006-2009 agreement and the second amendment of the 2009-2012 agreement and its amendment in 2013 what is the step determination for Deputy Fire Marshal based on?
Time in rank of Battalion Chief and Deputy Fire Marshal
67
According to article 2 pursuant to the 2006-2009 agreement what happened to the position of Fire Recruitment Management Analyst?
Classified in place
68
According to article 2 what is to occur with the Fire Recruitment Management Analyst position?
Eliminated and replaced with a Fire Community Service Officer
69
According to article 2 what is the salary for the Fire Community Service Officer?
Base pay equivalent to Fire Captain
70
According to article 2 what happened to the incumbent in the Fire Recruitment Management Analyst position?
Automatically reclassified into the classification of Fire Community Service Officer
71
According to article 2 what will applicable step pay for Fire Community Service Officer be based on?
Time in rank of Captain, Fire Recruitment Captain, and Fire Community Service Officer
72
According to article 2 what is the assignment pay for Fire Community Service Officer?
$500 per month
73
According to article 2 what may occur when the incumbent in the Fire Community Service Officer vacates the position?
The position may be eliminated and replaced with a Fire Captain classification with the duties to be determined by the department head
74
According to article 2 how will vacancies in the fire prevention division be filled?
In a manner determined by the department head and in accordance with this subsection
75
According to article 2 what positions are excluded from the protocol for filling vacancies in fire prevention outlined in this article?
Appointed positions in section 4 of the article
76
According to article 2 by what 3 ways may the department head fill a vacancy?
Transfer
Assignment
Promotion
77
According to article 2. True or False? Firefighters may voluntarily transfer to the Fire Prevention Division to fill vacancies according to the eligibility outlined?
True
78
According to article 2 what are the 2 eligibility requirements for a firefighter who wishes to voluntarily transfer to the fire prevention division?
1. Meets the requirements of the job description
| 2. Recommended by the Fire Marshal and approved by the Department Head
79
According to article 2 in what 3 ways may the department head fill a vacancy in fire prevention?
1. Make an assignment from the Operations Division
2. Make a promotion from the operations division
3. Appoint a current member of Fire Prevention from the rank immediately below
80
According to article 2 from whom may the department head make a promotion from the operations division into a vacant position in fire prevention?
The first 3 eligible promotional candidates having the highest grades on the existing eligibility list for the equivalent rank
81
According to article 2 if a member from the operations division is promoted into a position in prevention how are transfers back into operations handled?
At the discretion of the Department head
82
According to article 2 with who's recommendation may the department head appoint a current member of fire prevention in the rank immediately below a vacated position into that position?
Fire Marshal
83
According to article 2 if a person is appointed by the department head into a position immediately above their pre-existing position how will they enter that position?
At the applicable civil service rate for that rank and follow the steps in that classification plus any applicable assignment pay for that position
84
According to article 2 can the department head make a lateral transfer within prevention to fill a vacated position?
YES
85
According to article 2 what would happen to a member of Fire Prevention selected by appointment of the department head to fill a vacancy immediately above their position in prevention who transfers back to operations division?
They would transfer back at the rank previously held
86
According to article 2 for firefighters transferring from operations to prevention what is the equivalent rank?
Fire Inspector Specialist I
87
According to article 2 for drivers transferring from operations to prevention what is the equivalent rank?
Fire Inspector Specialist II
88
According to article 2 for captains transferring from operations to prevention what is the equivalent ranks?
Fire Protection Specialist
| Fire Community Service Officer
89
According to article 2 for battalion chiefs transferring from operations to prevention what is the equivalent rank?
Deputy Fire Marshal
90
According to article 2 what is the minimum assignment for duty for members transferring or assigned into prevention?
2 years
91
According to article 2 how can the 2 year minimum duty for a transfer or assignement into prevention be shortened or lengthened?
By mutual agreement of the firefighter and department head
92
According to article 2 at the expiration of 2 years duty in prevention what can the member who was transferred or assigned to prevention do?
Request a transfer back to operations
93
According to article 2 what is the exception to the 2 year minimum duty for a member transferred or assigned to prevention?
Promotions
94
According to article 2. True or False? A member transferred or assigned to prevention may take promotional exams?
TRUE if otherwise eligible
95
According to article 2 what members are not eligible for assignment to prevention?
Probationary Fire Fighter
96
According to article 2 in what 3 ways would vacancies in prevention occurring after the equivalent rank 2016 promotion tests be filled?
Lateral Transfer
Assignment
From a promotional list
97
According to article 2 what positions were excluded in how vacancies in prevention occurring after the equivalent rank 2016 promotion tests be filled?
Appointed positions in section 4 of the article
98
According to article 2 the process by which vacancies is filled is consistent with what 2 things?
```
Article 5 (the promotions article in this agreement)
Chapter 143 of the Texas Local Government Code
```
99
According the article 2 how is the process by which vacancies filled not consistent with Chapter 143?
A newly classified employee will be considered eligible to take a promotional exam for the classification that is immediately above in rank for promotion in the fire prevention division
100
According to article 2 how are the positions of Fire Marshal and Emergency Management Program Manager filled?
By appointment of the department head
101
According to article 2. True or False? The Fire Marshal and Emergency Management Program Manager positions may be filled by promotional examinations when needed?
FALSE
102
According to article 2 what happened to both the Fire Marshal Classification and the Emergency Management Program Manager classification by this agreement?
Both continued to be classified in place
103
According to article 2 how will base pay for the Fire Marshal and Emergency Management Program Manager positions be determined?
Prior to the vacancy occurring
| Determined by the department head based on market comparisons in accordance with COD policy
104
According to article 2 how is the determination of job descriptions and base bay made upon the vacancy of the Fire Marshal and Emergency Management Program Manager positions?
By recommendation of the joint Labor/Management committee to the department head who will determine whether to adopt the recommendation.
The department head will ultimately determine the minimum and preferred qualifications and base pay
105
According to article 2 from where will appointments to Fire Marshal or Emergency Management Program Manager be filled?
From within the department first and if no suitable candidate from outside the department
106
According to article 2 what are the 5 steps of appointment to the Fire Marshal or Emergency Management Program Manager positions from within the department?
1. Job announcement
2. Candidates submit letter of interest and resume to department head
3. Application review for minimum and preferred qualifications by department head
4. Department head interview
5. Appointment from within department or precondition to external process if no suitable internal applicant
107
According to article 2 what are the 5 steps for external appointment to Fire Marshal or Emergency Management Program manager after no suitable internal candidate has been selected?
1. External job announcement
2. Candidates submit application and resume to HR
3. Application review for minimum and preferred qualifications by department head
4. Department head interview
5. Potential appointment from external candidates or repost externally
108
According to article 2 what may an internal candidate for Fire Marshal or Emergency Management Program Manager who precedes through step 4 but is not selected while the department head proceeds through the external process do?
Seek review of the non-selection
109
According to article 2 how long does an internal candidate have to seek review?
10 calendar days from the date of notification of non-selection
110
According to article 2 what does the internal candidate seeking review for non-selection have to provide?
Written statement to the department head within 10 calendar days from the date of notification of non-selection stating the basis for review
111
According to article 2 what is the first step in the review of non-selection of an internal candidate?
Joint Labor/ Management committee reviews department heads decision and makes a non-binding recommendation in writing to the department head
112
According to article 2 how long does the joint labor/management committee have to make a non-binding recommendation to the department head when reviewing a non-selection of an internal candidate?
5 business days from the date that the candidate seeks review
113
According to article 2 after the joint labor/management committee has made their non-binding recommendation from the review of a non-selection of an internal candidate to the department head how long does the department head have to determine whether or not to reconsider their decision?
10 calendar days from the date of recommendation
114
According to article 2 if the department head decides to sustain their non-selection what may the internal candidate do if they wish?
Seek review of the non-selection by the commission
115
According to article 2 how does the internal candidate seek review of the non-selection by the commissions after the department head sustains their original decision?
Submit a written request to the director within 5 business days from the date of determination by the department head of sustaining the non-selection
116
According to article 2 what shall the commission do when a candidate submits a request for review of non-selection to the director?
10 business days to conduct a hearing and render a decision sustaining or overruling the department heads decision to seek an external candidate
117
According to article 2 what is the standard of review by the commission for a non-selection of an internal candidate?
Arbitrary and capricous
118
According to article 2. True or False? The commissions decision on review of non-selection of an internal candidate is not final and binding and may be appealed to an arbitrator or district court.
FALSE
119
According to article 2 in the event an internal candidate fills the position for Fire Marshal or Emergency Management Program Manager what subsections of the Texas Local Government Code apply?
143. 014 (g)
143. 014 (h)
143. 014
120
According to article 2 in the event that an external candidate fills the position of Fire Marshal or Emergency Management Program Manager what subsections of the Texas Local Government apply?
Only:
143.014 (h)
143.014
After the 12 month probationary period except that the provision relating to being restored to the same classification or its equivalent shall no apply
121
According to article 2. True or False? Newly classified Prevention Division employees under former article 2 in the 2006-2009 agreement and the 2009-2012 agreement and amendments and under this article are only eligible to promote or transfer within their currently assigned division.
TRUE
122
According to article 2 is it the intent of the parties that a Firefighter does not gain rank or lose rank by transferring between divisions?
YES
123
According to article 2. True or False? This article is the exclusive process and provision by which the former positions of public education officer, Fire Inspector, senior fire inspector, fire protection engineer specialist, and assistant fire marshal; and current positions of Fire Inspector specialist I, fire inspector specialist II, Fire protection specialist, deputy fire marshal, fire marshal, fire community service officer, and emergency management program manager are afforded civil service status.
TRUE
124
According to article 3 how many representatives shall each party designate to serve on a joint Labor/ Management committee?
3
125
According to article 3 when shall the joint Labor/ Management Committee meet to discuss matters of mutual concern?
Quarterly at agreeable times
126
According to article 3 what are quarterly discussions of the joint labor/management committee not tantamount to or an extension of?
The bargaining process
127
According to article 3 what is the purpose of the quarterly meetings of the joint labor/ management committee?
To encourage productive relations between the parties and the improvement of the fire services to the community
128
According to article 3 what is the minimum number of members that must be present for a meeting of the joint labor/management committee?
2 members from each party
129
According to article 3 what will occur if members are on duty during a meeting of the joint labor/management committee?
Department head will make reasonable efforts to accommodate requests by association members to attend if they are on duty
130
According to article 3 meetings of the joint labor/management committee are only required for where provided in what 3 articles of this agreement?
Article 2
Article 5
Article 8
131
According to article 3. True or False? Joint labor/management committee meetings are not a condition nor limitation on the management rights to make and enforce policies, rules, regulation, or operational decisions.
TRUE
132
According to article 3 on who's time are meetings of the joint labor/management committee?
City time without loss of pay by committee members except meetings scheduled at times when association members are attend are not on duty
133
According to article 3 if a member of the joint labor/management committee is not on duty during a meeting what is their compensation?
None. Such members shall attend on their own time without compensation
134
According to article 4 what do the parties agree to base selection for beginning positions in the department on?
An Oral Interview Board and the Chiefs Interview
135
According to article 4 what do the parties believe the oral interview board and chief's interview provide for applicants?
A fair opportunity to demonstrate skills and abilities that serve as additional good indicators that they would perform well in the department
136
According to article 4 what is the established date of written examination from 2011?
Second Saturday in January
137
According to article 4 what circumstances may require the actual date of examination to be rescheduled?
Circumstances beyond the city's control including but not limited to extraordinary weather events or other emergencies
138
According to article 4 and chapter 143 of the Texas local government code what is the minimum passing grade on the written exam?
70%
139
According to article 4 and chapter 143 of the Texas local government code what is the requirement to receive military points?
Service of a minimum of 180 active days in the US armed forces, received an honorable discharge, and made a passing grade on the exam
140
According to article 4 and the Texas local government code how many points are afforded a military member meeting the requirements?
5 points added to exam grade
141
According to article 4 what does a passing grade on the written exam permit?
May permit the applicant to proceed to the next step in the hiring process
142
According to article 4 what does the written examination grade not serve as?
The grade for ranking on the eligibility list
143
According to article 4 what ranking does the written exam grade determine?
Ranking on the commission list from which applicants proceed through the remainder of the hiring process
144
According to article 4 what is the definition of "commission list"?
List of applicants who mad a passing grade on the written exam ranked from highest to lowest including any applicable military points and shall not mean the eligibility list from which an applicant may be appointed
145
According to article 4 what shall the department head do when a vacancy occurs in a beginning position in the FD?
Request in writing from the director the names of suitable persons from the commission list
146
According to article 4 what shall the director do when providing names on the commissions list to the department head?
Certify the applicants
| Provide the names
147
According to article 4 from the commission list what shall the department head do?
Identify a number of applicants, based on determination of the department head related to the number of vacancies, with the highest ranking to proceed through the process
148
According to article 4 after an applicant from the commission list has been determined eligible what is the next step in the hiring process?
Background Check
149
According to article 4 if an applicant passes the background check what is the next step in the hiring process?
Physical Ability Test
150
According to article 4 from the list of names who passed the background check how many applicants shall the department head identify to proceed to the physical ability test?
15 applicants with the highest ranking on the commission list
151
According to article 4 if an applicant passes the physical ability test what is the next step in the process?
Consideration to proceed to the Oral Interview Board
152
According to article 4 what will occur if less than 3 applicants pass the background check and physical ability test?
Department head shall identify the next 15 applicants (or those remaining if less than 15) on the commission list to proceed to the physical ability test
153
According to article 4 what shall happen if the applicant fails to pass any part of the hiring process?
Disqualified from further consideration in the hiring process
154
According to article 4 what shall occur if the applicant names are exhausted after the completion of the Oral Interview board and the chiefs interview?
Department head shall identify the next 15 applicants with the highest ranking on the commission list to proceed to the physical ability test
155
According to article 4 how many people shall make up the oral interview board?
4 board members with 4 alternates
156
According to article 4 of the 4 members of the oral interview board and the alternate interview board how many shall be firefighter's from the department?
3 of the oral interview board
| 3 of the alternate interview board
157
According to article 4 from where will the 4th member of both the oral interview board and alternate oral interview board be selected?
Citizen member from the city of Denton
158
According to article 4 who shall select the citizen member of the City of Denton to the oral interview board?
The department head
159
According to article 4 what shall all members of the oral interview board receive?
Appropriate training to conduct interviews
160
According to article 4 during the oral interview process what will each member of the board assign to the applicants?
A score from 0-100 points
161
According to article 4 how will the the final oral interview board score for each eligible applicant be determined?
The average of the 4 scores from each member
162
According to article 4 how many points during the oral interview are required to proceed to the chiefs interview?
70
163
According to article 4 who shall the fire chief invite into the chiefs interview?
Deputy Fire chief
| One or more Battalion Chiefs
164
According to article 4 who will assign a score from 0-100 points for each eligible applicant during the chiefs interview?
Fire Chief
165
According to article 4 what will be done with any input from the deputy fire chief or a battalion chief sitting in on the chiefs interview?
Input included in the chiefs score
166
According to article 4 what is a passing score for the chiefs interview?
70
167
According to article 4 how is the overall score to be placed on the eligibility list determined for each applicant?
.70(70 %) of the applicants oral interview board score +.30 (30%) of the applicants chief interview score = applicants final overall score
168
According to article 4 what shall occur when a vacancy in a beginning position in the department occurs?
The department head shall appoint the eligible suitable applicant having the highest final overall score on the eligibility list
169
According to article 4 is it possible for the department head to not appoint the applicant with the highest final overall score to a beginning position in the department that has become vacant?
YES with a valid reason
170
According to article 4 how long does each hiring eligibility list remain in existence?
1 year after the written exam unless exhausted
171
According to article 4 what may all applicants be subject to?
A polygraph exam
172
According to article 4 what happened with the hiring eligibility list in existence at the time of the adoption of this agreement?
Continued in effect until January 10, 2016 unless exhausted
173
According to article 4 when would any hiring eligibility lest created under this article take effect?
Upon the expiration of any applicable pre-existing list
174
According to article 4 what is the probationary period for a person appointed to a beginning position in the department who does not hold both a TCFP certification as a firefighter and a TDSHS certification/ license as a paramedic?
18 months beginning on that person's date of employment as a fire fighter or trainee
175
According to article 4 what is the probationary period of a person newly appointed to a beginning position in the department who is already both certified as a firefighter by the TCFP and certified/license as a paramedic by TDSHS?
12 months
176
According to article 4 what shall the department head set clearly forth in the event an applicant is disqualified at any point in the hiring process?
The good and sufficient reason why a person was disqualified in writing
177
What is the intent of article 5?
Establishing pre-requisites that qualify a candidate to take a promotional written exam
178
According to article 5 why do the parties believe that establishing pre-requisites for promotional exams will improve the promotional process?
It will provide promotional candidates a fair opportunity to meet pre-requisites that serve as additional good indicators that they will perform well in the positions to which they seek to be promoted.
179
According to article 5 what is the definition of "written examination"?
The written examination provided for promotions under chapter 143 of the Texas Local Government Code
180
According to article 5 what is the definition of "pre-requisites"?
The minimum qualifications and conditions required of candidates for eligibility to take a chapter 143 written examination for promotion within the department
181
According to article 5 what are the 4 pre-requisites for the promotion to the rank of Fire Driver?
1. At least 3 years of service in the classification of Fire Fighter
2. Hold an active certification with TCFP as Driver/Operator
3. Hold current certification with TDSHS as a paramedic
4. Successful completion of an annual Drivers Skills Test
182
According to article 5 in order to be eligible to take the promotional exam for Fire Driver classification what is a newly classified employee in prevent exempt from?
The certification requirements of Driver/Operator and Paramedic and is exempt from the successful completion of an annual Driver Skills Test
183
According to article 5 what was the only pre-requisites for the ranks of Fire Captain and Fire Battalion Chief initially?
At least 2 years service in the position in the classification immediately below
184
According to article 5 effective January 1, 2017 what are the 2 pre-requisites to promotion to Captain and Battalion Chief?
1. Hold an active certification with TCFP as Fire Officer II
| 2. At least 2 years service in the position in the classification immediately below
185
According to article 5 in order to take the promotional exam for Fire Captain and Fire Battalion Chief classifications is a newly classified employee in prevention exempt from the requirement to hold an active certification with TCFP as a Fire Officer II?
YES
186
According to article 5 who will establish a system to evaluate the promotional process and the pre-requisites?
The joint Labor/Management committee
187
According to article 5 what is the initial date of the written examination for the rank of Fire Battalion Chief?
Second Tuesday of January
188
According to article 5 how long will the Fire Battalion Chief list remain in effect?
Until the date of the next promotional exam unless otherwise exhausted
189
According to article 5 effective January 1 2017 when will the Fire Battalion Chief written exam be held?
The first Tuesday in March
190
According to article 5 when was the written exam for the rank of Fire Captain initially?
Second Tuesday of February
191
According to article 5 how long did the Fire Captain promotional list remain in effect?
Until the date of the next promotional exam unless otherwise exhausted
192
According to article 5 effective January 1 2017 when is the written exam for Fire Captain held?
First Wednesday in March
193
According to article 5 when was the written exam for the rank of Fire Driver held initially?
First Tuesday in March
194
According to article 5 effective January 1 2017 when is the written exam for Fire Driver held?
First Thursday in March
195
According to article 5 when may the actual dates of the written promotional exams be rescheduled?
In the event of circumstances beyond the city's control including but not limited to extraordinary weather events or other emergencies
196
According to article 5 in the event of a rescheduling of promotional exam what notice is required?
None other than the new time, place, and date of the rescheduled exam
197
According to article 5 is there any liability for back pay or retroactive seniority for a position or lower position when meeting the scheduled examination date or rescheduling those dates pursuant to this article?
NO
198
According to article 5 what section of the Texas Local Government code refers to appeals?
143.034
199
According to article 5 what will appeals to the commission be limited to?
Quoted source material attributable to the reference examination question
200
According to article 5 what will happen when a vacancy in a non entry position not appointed by the department head occurs?
On request by the department head the director will certify to the department head the names of the eligibility list
201
According to article 5 how does this section of the article change the administrative process of certifying names on the promotional list?
Instead of providing 3 names at a time (section 143.036 (b)), all the names on the eligibility list are certified and provided at once when filling a vacancy for a non entry position in the Fire Department.
202
According to article 6 how many assistant chief positions may be filled by appointment by the department head?
2
203
According to article 6 are newly classified employees considered eligible for appointment to one of the 2 assistant chief positions?
NO
204
According to article 7 what does the DFD no want to contribute to through employment, promotion, or transfer of relatives?
The creation of any inequity or impropriety among its members
205
According to article 7 what is the purpose of this procedure?
To communicate a department policy regarding employment and supervisory relationships among family members
206
According to article 7 what is the definition of "relative"?
The same definition of "familial relationship"?
207
According to article 7 what City Policy Reference number defines "familial relationship" or "relative"?
102.08 dated September 3 2002
208
According to article 7 if a member of the department is assigned to positions that make appointments, conduct interviews, promote, etc what do they do if a relative is a candidate?
Cannot participate and must disqualify themselves
209
According to article 7 if a relative is a candidate who should the member who is assigned to a position to make an appointment, conduct interviews, promote, etc notify and how?
Notify the Fire Chief in writing to disclose the relationship or interest involved
210
According to article 7 can a member directly supervise a relative?
No except at the discretion of the incident commander, the prohibition on the immediate supervisory relationship of relatives during emergency operations is put aside
211
According to article 7 what does direct of immediate supervision include (4)?
1. Participation in hiring decision
2. Promotional decision
3. Disciplinary decision
4. Or preparing or influencing a performance evaluation of a relative
212
According to article 7 can relatives be assigned to the same shift in a battalion?
NO
213
According to article 7 are temporary shift swaps or overtime assignments which place relatives on the same shift and battalion allowed?
Yes provided there is no immediate supervisory relationship
214
According to article 7. True or False? Irrespective of the immediate supervisory relationship, members may participate in a decision involving the financial interest of a relative?
FALSE
215
According to article 7 what 4 things listed are considered of financial interest?
Hiring
Promotion
Discipline
Pay increases
216
According to article 7 may a member influence others in the financial interest of a relative?
NO
217
According to article 7 if either party requests in writing a meeting concerning changes or amendments to the definition of relative, within what time frame shall the parties meet?
Within 10 calendar days to discuss such changes or amendments
218
According to article 7 are changes made to section 2 subject to ratification by the association or city council?
NO
219
According to article 8 what is the intent of the city of denton and the association in regards this article?
Maintain the highest standards of safety and health n the fire department
220
According to article 8 what NFPAs do the city and association agree to use as a guideline for the implementation of policy regarding health and safety issues in the department over time?
1583
1582
And the IAFF/IAFC Joint Wellness Fitness Initiative
221
According to article 8 which rule of the TCFP do the parties agree the wellness committee will continue to work on implementing?
435.21
222
According to article 8 how often will each fire fighter and newly classified employee go through a physical?
Each fiscal year
223
According to article 8 what entity shall perform yearly physicals for members?
That which has been recommended by the department, approved by the joint Labor/Management Committee, and approved by the department head
224
According to article 8 is the incentive pay program for health and wellness mandatory?
NO
225
According to article 8 which yearly physicals from the incentive pay program are provided incentive pay?
Superior
| Excellent
226
According to article 8 what is a pre-requisite for incentive pay?
The firefighter or newly classified employee must participate in the city's annual Health Risk Assessment (blood work report and follow up)
227
According to article 8 on what date does the incentive pay program begin?
January 1, 2016
228
According to article 8 what is the incentive pay for a "superior" rating?
One-time lump sum payment of $600
229
According to article 8 what is the incentive pay for an "excellent" rating?
One-time lump sum of $400
230
According to article 8 what does the yearly physical rating consist of?
A combination of the medical assessment and physical assessment
231
According to article 8 when is the one-time lump sum for incentive pay payed?
The first pay period in the month of November
232
According to article 9 what should immediately occur if the department head suspends a firefighter or newly classified employee?
A copy of the statement giving the reasons for the suspension delivered in person to the suspended firefighter or newly classified employee and filed with the director within 120 hours
233
According to article 9 only under what circumstances shall the statement giving the reasons for suspension of a firefighter or newly classified employee be delivered to the commission?
If the firefighter or newly classified employee chooses to appeal to the commission under section 143.052(d)
234
According to article 9 if a suspended firefighter or newly classified employee chooses to appeal to the commission what is the time frame and how shall this occur?
Forward the written statement to the commission within 120 hours from the time they have notified the director in writing of their choice to appeal to the commission
235
According to article 9 what is the time frame for the department head to investigate and take disciplinary action?
180 days from the date the department head discovers an act
236
According to article 9 what is a caveat to the 180 day time frame to investigate and take disciplinary action for the department head?
The department head may not complain of or take disciplinary action for an act (not related to criminal activity) that occurred more than 1 year before the date of disciplinary action
237
According to article 9 how does section 1 supercede the Texas Local Government Code?
Not requiring filing with the commission within 120 hours unless there is a decision to appeal
238
According to article 10 what is recognized by the city of the employees of the City of Denton Fire Department?
Performance of responsibilities at a level that is above the typical metroplex fire agency
239
According to article 10 due to the recognition of the City regarding DFD employee work performance what is the desire of the City regarding pay?
To maintain a pay philosophy that exceeds the average metroplex pay for Firefighters
240
According to article 10 what do sections 3(c)-(d) of the article reflect?
The parties' intent to address the current economic period and are not intended to serve as precedent in future agreements
241
According to article 10 what 12 cities will be used as comparator cities for the salary survey?
Arlington, Carrollton, Fort Worth, Frisco,
Garland, Grand Prairie, Irving, Lewisville,
McKinney, Mesquite, Plano, Richardson
242
According to article 10 when is the salary survey to be conducted?
May of each year of the contract
243
According to article 10 who shall perform the salary survey each May?
Labor/Management Pay Subcommittee convened by the city and association
244
According to article 10 what is the salary survey done each May used for?
Consideration for the proposed base salary adjustments for the following fiscal years
245
According to article 10 what information from the salary survey performed each May is used and how?
The average of base pay for minimums and maximums for each rank calculated plus 5% and proposed for approval as a part of the budget process
246
According to article 10 how may proposed increases in pay be limited?
To the average base pay percentage increase for non-civil service City employees approved by the city council in the annual budget
247
According to article 10 what will the recommendation for base pay increase propose?
That the minimum and maximum base pay for each rank, will receive and increase (if required) to match the survey average plus 5%
248
According to article 10 after increasing the minimum and maximum base pay in each rank by the salary survey averages plus 5% what will occur for the steps between?
Recalculated to maintain equal separation between Andy new minimum and maximum steps
249
According to article 10 what is the date of the "Letter of Agreement" which set forth addressing the promotional compression in pay between the fire fighter and fire driver ranks?
April 17, 2015
250
According to article 10 and the April 17, 2015 Letter of Agreement how is the promotional compression between fire fighter and fire driver being addressed?
Base pay for Fire Driver step A shall be proposed to be equivalent to a minimum of 3% increase of step F for the Fire Fighter rank
251
According to article 10 what will the salary subcommittee prepare?
A report to the city manager to be forwarded to the city council at the time the proposed budget is submitted to the city council
252
According to article 10 what will the report to the city manager for the city council during the proposed budget show regarding pay?
The cost of implementing the pay increase as calculated by the salary comparison model vs the cost to pay firefighters the same percentage increase as non-civil service employees
253
According to article 10 what shall occur to base pay increases for the ranks of fire fighter, fire driver, fire captain, and fire battalion chief should the city council approve a budget that does not include base pay increases for non-civil service employees?
The ranks shall not receiving any base pay increase regardless of the calculated amount necessary to reach minimum and maximum rates plus 5%
254
According to article 10 if the city council approves a budget that includes lump sum pay increases instead of an increase to base pay to non-civil service city employees what does this mean for base pay increases for the ranks of fire fighter, fire driver, fire captain, and fire battalion chief?
They too will receive a lump sum PAYMENT instead of the INCREASE for non civil service employees
255
According to article 10 when may the city implement the compensation recommendations for base pay increases?
Between the first pay period of the fiscal year and the first pay period of April of each fiscal year depending on the financial forecasts
256
According to article 10 from where will all obligations of the city be paid out?
Only out of current revenues or any other funds lawfully available for those obligations including tax revenues reasonably anticipated at equal or higher total gross amounts as were collected in each preceding fiscal year and appropriated for such purpose by the city council
257
According to article 10 what Texas Constitution article and sections is the city in compliance with when paying out obligations from the lawful place?
Texas Constitution, Article XI, Sections 5 and 7
258
According to article 10 if after the adoption of an annual budget that may establish a pay increase the city council finds it fiscally necessary to reduce base pay for non-civil service city employees or implement other cost saving measures such as mandatory furloughs or a reduction in for how may the increases recommended under this article be affected?
May be reduced accordingly
259
According to article 11 when shall each firefighter eligible for a certification or education pay begin receiving it?
The first pay period after:
1. Submission of the proof of eligibility
2. Verification by the department head
260
According to article 11. True or False? The monthly rate for a certification pay is prorated accordingly back to the first day of the pay period following the date of certification if eligibility occurs during a fiscal year?
TRUE
261
According to article 11 what is the annualized rate for ARFF certification pay?
$600
262
According to article 11 what is the monthly rate for ARFF certification pay?
$50
263
According to article 11 when did the $600/year ($50/month) certification for ARFF pay become effective?
The first pay period of fiscal year 2015-2016
264
According to article 11 who will determine the total number of firefighters eligible to receive ARFF certification pay?
The department head
265
According to article 11 what is a requirement to eligible for education pay?
Successful completion of courses at an accredited college or university
266
According to article 11 during fiscal year 2015-2016 what was the annualized rate for Intermediate Fire Certification?
$840
267
According to article 11 during fiscal year 2015-2016 what was the monthly rate for Intermediate Fire Certification?
$70
268
According to article 11 during fiscal year 2015-2016 what was the annualized rate for Advanced Fire Certification?
$1560
269
According to article 11 during fiscal year 2015-2016 what was the monthly rate for Advanced Fire Certification?
$130
270
According to article 11 during fiscal year 2015-2016 what was the annualized rate for Master Fire Certification?
$2280
271
According to article 11 during fiscal year 2015-2016 what was the monthly rate for Master Fire Certification?
$190
272
According to article 11 during fiscal year 2015-2016 what was the annualized rate for 30 hours toward a degree education pay?
$480
273
According to article 11 during fiscal year 2015-2016 what was the monthly rate for 30 hours towards a degree education pay?
$40
274
According to article 11 during fiscal year 2015-2016 what was the annualized rate for Associates Degree education pay?
$840
275
According to article 11 during fiscal year 2015-2016 what was the monthly rate for Associates Degree education pay?
$70
276
According to article 11 during fiscal year 2015-2016 what was the annualized rate for Bachelor's Degree education pay?
$1560
277
According to article 11 during fiscal year 2015-2016 what was the monthly rate for Bachelor's Degree education pay?
$130
278
According to article 11 during fiscal year 2015-2016 what was the annualized rate for Master's Degree education pay?
$2280
279
According to article 11 during fiscal year 2015-2016 what was the monthly rate for Master's Degree education pay?
$190
280
According to article 11 during fiscal year 2016-2017 what will the change be to each certification and education monthly rate?
Increase by $10 from fiscal year 2015-2016
281
According to article 11 during fiscal year 2017-2018 what will the change be to each certification and education monthly rate?
Increase by $10 from fiscal year 2016-2017
| Total increase of $20 from fiscal year 2015-2016
282
According to article 11 are certification and education pays cumulative?
NO
283
According to article 11 when a firefighter is eligible for both education and certification pay what will occur?
The firefighter shall receive the higher of the amounts
284
According to article 12 how much shall the city contribute toward the Firemen's Retirement and Relief Fund?
The city shall continue to apply the same contribution level, including any increase or decrease to match the city's actual contribution rate to the Texas Municipal Retirement System for that calendar year
285
According to article 13 what optional retirement program will the city continue to make available as one of the options a civil service employee in the department may elect?
IAFF Financial Corporation 457 Plan ("IAFF Plan")
286
According to article 13 who assumes full responsibility for tax or penalty provisions as applicable under federal, state or local law when a civil service employee in the department elects to participate in the IAFF Plan?
The employee
287
According to article 14 what is paid time off for Authorized Association Representatives who are on duty to conduct association business designated?
Association Business Leave (ABL)
288
According to article 14 when are authorized association representatives eligible to use ABL?
Conditions specific to this article provided the ABL does not impact the mission of the department including operations, staffing, training, or other scheduled department functions
289
According to article 14 for what may ABL be used?
Activities that directly support the mission of the department or the associated, or are deemed mutually beneficial to both the department and association but do not otherwise violate the specific terms of this article
290
According to article 14 what is it specifically understood and agreed that no paid time off shall be utilized for?
Political lobbying at the local, state, or national level
291
According to article 14 for what 3 meetings will the department head make reasonable scheduling adjustments and accommodations pursuant to ABL requests?
1. Meet and Confer negotiating sessions
2. Subcommittee meetings
3. Joint Labor/ Management Committee sessions between the association and the city
292
According to article 14 for what 5 reasons may the association president or designee be granted reasonable time off (ABL) during working hours?
1. Investigate and process grievances
2. Attend Civil Service
3. Arbitration
4. Court Hearings
5. Represent association employees in disciplinary action
293
According to article 14 what is necessary for the association president or designee to be granted reasonable time off (ABL) during working hours?
Request permission from his battalion chief
| Whenever possible, notification is made prior to or at the beginning of a shift
294
According to article 14. True of False? Officers of the Association may be granted ABL for membership meetings of the association that take place when such officers are scheduled to be on duty
TRUE
295
According to article 14 what is the time limit to officers of the association being granted ABL to attend association meetings?
1 meeting per month
| No more than 2 hours per meeting
296
According to article 14 how many association representatives may be granted ABL to attend the TSAFF Convention?
3
297
According to article 14 how many association representatives may be granted ABL to attend the IAFF convention?
2
298
According to article 14 how many association representatives may be granted ABL to attend the TSAFF Leadership Conference?
3
299
According to article 14 how many association representatives may be granted ABL to attend the TSAFF Service Training Class?
2
300
According to article 14 how many association representatives may be granted ABL to attend the IAFF Affiliate Leadership Training Seminar?
2
301
According to article 14 how many association representatives may be granted ABL to attend the IAFF Redmond Symposium?
2
302
According to article 14 when shall the association endeavor to conduct all necessary association business?
During the non-working time to the greatest number of firefighters required for such business to the greatest extent possible
303
According to article 14 how are requests for ABL submitted?
In writing to Fire Administration
304
According to article 14 when must requests for ABL be submitted in writing?
At least 3 days in advance to Fire Administration but requests should be made ASAP
305
According to article 14 how is a request for ABL considered timely?
Request received in person, by fax, or by email by noon of the day notice is due
306
According to article 14 who will review and determine approval of ABL requests?
Department head or designee
307
According to article 14 on what 4 things will the department head or designee base approval of ABL requests?
Operations
Staffing
Training
Other scheduled department functions
308
According to article 15 what do the parties agree the purpose of the dispute resolution procedure is?
To provide a just and equitable method for resolving disagreements between the parties regarding the application or interpretation of the provisions of the agreement
309
According to article 15 only what 3 matters are subject to the dispute resolution procedure?
1. Interpretation of a specified provision of Meet and Confer
2. Application of a specified provision of Meet and Confer
3. Alleged violation of a specified provision of Meet and Confer
310
According to article 15 what matters are excluded from the scope of this article regarding dispute resolution?
Matters for which the right of appeal or review is afforded by chapter 143 of the Texas Local Government Code
311
According to article 15 how will the association handle a dispute it has with the city?
The association executive board, or association's presidents designee, should reduce the dispute to writing and deliver it to the city's designated representative, who shall be its department head or designee?
312
According to article 15 in what form will a dispute the association has with the city take?
Reduce the dispute to writing
313
According to article 15 who will reduce the dispute to writing and deliver it to the city's designated representative?
The association executive board or the association's president's designee
314
According to article 15 who will be the city's designated representative to receive a dispute reduced in writing from the association's executive board or the association's president's designee?
Department head or designee
315
According to article 15 can a firefighter or newly classified employee under article 2 file a request for contract dispute resolution directly with the city?
NO
316
According to article 15 with whom should a firefighter or newly classified employee under article 2 fire a request for contract dispute resolution?
Must be approved and come from the association executive board
317
According to article 15 what 4 things must each dispute submitted as required in writing include at a minimum?
1. Brief statement of dispute and facts or events on which it is based
2. Sections of agreement alleged to have been violated
3. Remedy or adjustment sought
4. Bargaining unit member's signature (if filed by the association Executive Board then the signature of the Association President or designee)
318
According to article 15 who's signature is necessary for each dispute submitted in writing if filed by the association executive board?
The signature of the association president or designee
319
According to article 15 within what time frame does any claim or dispute by a firefighter or newly classified employee which includes a claim for pay or benefits for any past pay period should have to be filed with the association executive board?
Within 15 business day of the date when the employee knew or reasonably should have known of the claim
320
According to article 15 in step 1 of the process after the executive board has been made known of a grievance by a firefighter or newly classified employee to whom should they forward a copy of the notice or receipt of the dispute?
Department head
321
According to article 15 in step 1 of the process after the executive board has been made known of a grievance by a firefighter or newly classified employee who will is responsible to forward the copy of notice or receipt of dispute to the department head?
Association Executive Committee
322
According to article 15 in step 1 of the process within how many days shall a copy of notice or receipt of the dispute be forwarded by the association executive committee to the department head?
Within 3 days of the receipt of the dispute
323
According to article 15 in step 1 of the process how long does the association executive board have to determine if a dispute exists within their sole discretion?
15 business days of receipt of the dispute
324
According to article 15 in step 1 of the process what will occur if the association determines that no dispute exists?
The grievance will be deemed denied and it shall notify the department head in writing that no further proceedings will be necessary
325
According to article 15 in step 1 of the process what shall occur if the association executive board determines that the dispute it valid?
It will notify the department head and forward a copy of the grievance to department head within 15 business days after determination
326
According to article 15 in step 2 of the process how long does the department head have to submit a response in writing to the association executive board after the association executive board has determined the dispute is valid and has forwarded the grievance to the department head?
Within 15 business days
327
According to article 15 in step 2 of the process if their is no timely response from the department head what does that mean?
The grievance deemed denied
328
According to article 15 in step 2 of the process what will occur next if the grievance has been deemed denied by the department head?
Step 3.
| Association executive board may advance the dispute in writing to the city manager or designee
329
According to article 15 in step 3 of the process how within what time frame may the association executive board advance the dispute in writing to the city manager or designee?
15 days from the receipt of the step 2 decision of the department head
330
According to article 15 in step 3 of the process what is the role of the city manager or designated representative once the association has advanced the dispute to them after the department head has denied the dispute?
To review the matter and render a decision to the association executive board within 15 business days of the receipt of the dispute
331
According to article 15 in step 3 of the process how long does the city manager or designated representative have to review the matter and render a decision in writing to the association executive board?
15 business days
332
According to article 15 in step 3 of the process what may the city manager or designee do at their discretion?
Conduct a conference to further explore the merits of the dispute and to explore resolution options
333
According to article 15 in step 4 of the process what may either party have the right to do if the dispute is not resolved after step 2 (department head) or step 3 (city manager/designee)?
Seek mediation of the dispute by requesting same in writing within 15 business days from the response of the department head or city manager
334
According to article 15 in step 4 of the process how long does either party have the right to seek mediation of the dispute?
Within 15 business days of the department head or city manager's response
335
According to article 15 in step 4 of the process if either party seeks mediation what are the 2 options the mediation may proceed before?
1. A mediator with the Federal Mediation and Conciliation Service
2. A mutually agreed mediator
336
According to article 15 in step 4 of the process where will mediation be held if sought after?
In available facilities of the City of Denton
337
According to article 15 in step 5 of the process if the dispute is not solved through mediation what is the next step?
The association executive board shall have 15 business days from the date of mediation to determine whether it will pursue the dispute under this article through arbitration
338
According to article 15 in step 5 of the process how long does the association executive board have to decide to pursue arbitration after mediation does not solve the dispute?
15 business days
339
According to article 15 in step 5 of the process how does the association executive board proceed to arbitration?
By delivering a letter indicating its election to proceed to arbitration to the department head and city manager
340
According to the article 15 arbitration option what do all parties agree about disputes concerning the application and interpretation of the agreement?
All disputes shall be submitted to final and binding arbitration
341
According to the article 15 arbitration option which disputes are excluded from this agreement?
Disputes involving statutory application and interpretation for rights and claims not arising under sections 142 or 143 of the Texas Local Government Code
342
According to the article 15 arbitration option what shall be the sole province of the designated arbitrator?
The terms of the agreement and any factual issues which are determinative in applying the agreement
343
According to the article 15 arbitration option, true or false? The decision of the arbitrator shall be final.
TRUE
344
According to the article 15 arbitration option what is the condition to the city agreeing to arbitration?
That legal issues which are determinative in any contract dispute are subject to judicial review
345
According to the article 15 arbitration option what types of disputes may be submitted to arbitration?
Those within the scope of this contract
346
According to the article 15 arbitration option to where are any contract rights and claims not exclusively committed to arbitration under jurisdiction?
Existing jurisdiction of Texas Courts
347
According to the article 15 arbitration option what do the parties agree concerning questions of law involving either the interpretation and application of state statutes or the application of legal principles from Texas appellate court opinions (or the failure to properly apply such legal principles or opinions) to controversies under this article?
They shall be submitted initially to arbitration but that either party shall have a limited right of appeal from an arbitration award in the courts solidly for the purpose of reviewing disputed issues of law
348
According to the article 15 arbitration option what shall any appeal from an arbitration award in the Courts NOT include?
Review of any factual determinations by the arbitrator, including the credibility of witnesses or weight of the evidence
349
According to the article 15 arbitration option what will occur if an appeal from arbitration based on erroneous application of the law is not successful?
The appealing party shall bear all costs of such appeal
350
According to the article 15 arbitration option if a dispute is submitted to arbitration what will occur within 7 business days?
The department head and/or city and the and the association shall select an arbitrator by alternately striking names from the parties' pre-determined panel of 6 qualified neutral arbitrators
351
According to the article 15 arbitration option how many pre-determined qualified neutral arbitrators are there?
6
352
According to the article 15 arbitration option who, according to this article, shall strike the first name from the pre-determined panel of 6 neutral arbitrators when the FIRST dispute arises under this article?
The association
353
According to the article 15 arbitration option after giving the association the right to strike the first name of arbitrators for the first dispute arising under this article how will who strikes the first name from the list for future disputes occur?
The first strike will alternate between parties
354
According to the article 15 arbitration option what may occur should any panel member (the 6 neutral qualified arbitrators) refuse or be unable to continue servicing on the panel?
Parties may mutually agree to his replacement
355
According to the article 15 arbitration option if a member of the panel (6 qualified neutral arbitrators) is replaced what will occur with the remaining members of the panel?
They will continue to serve for the duration of the agreement
356
According to the article 15 arbitration option when will the arbitration be held?
Earliest available date, but may be continued for good cause shown or upon mutual agreement
357
According to the article 15 arbitration option when can a party request of the opposing party the names and addresses of witnesses expected to be called at the hearing?
At least 14 calendar days prior to the date of the hearing
358
According to the article 15 arbitration option how does a part request of the opposing party the names and addresses of witnesses expected to be called at the hearing?
By written request deliver at least 14 calendar days prior to the date of the hearing
359
According to the article 15 arbitration option if requested by the opposing party how long does a party have to party have to provide the names and addresses of witnesses expected to be called at the hearing?
No later than 7 days prior to the hearing
360
According to the article 15 arbitration option if a witness is not disclosed what may the arbitrator do?
May exclude the testimony of the witness if the lack of disclosure by the party is without good or excusable cause
361
According to the article 15 arbitration option if the opposing party does not agree to provide requested information within 7 calendar days what is the request for discovery deemed?
Denied
362
According to the article 15 arbitration option what may a requesting party do if the the opposing party denies a request for discovery?
Apply to the arbitrator
363
According to the article 15 arbitration option when applied to by a requesting party for discovery that has been denied with what will the arbitrator be consistent but not bound to when ordering discovery?
The rules of discovery in Texas civil cases
364
According to the article 15 arbitration option what shall the arbitrator consider when considering an application for discovery by a party that has been denied such by the opposing party?
The burden and expense of producing the information
The need of the requesting party
The amount of time available prior to the hearing
Such other matters as he may deem material
365
According to the article 15 arbitration option... In no event shall discovery requested within what time frame?
Within 35 calendar days prior to the hearing unless agreed by the parties
366
According to the article 15 arbitration option where will the arbitration hearing be held?
In available facilities of the City of Denton
367
According to the article 15 arbitration option how will arbitration hearings be conducted?
Informally without strict evidentiary or procedural rules
368
According to the article 15 arbitration option what shall govern the conduct of an arbitration hearing?
The standard rules of the American Arbitration Association
369
According to the article 15 arbitration option what only shall the arbitrator consider and decide upon?
The issues in the dispute statement or submitted in writing by agreement of the parties
370
According to the article 15 arbitration option what shall be the basis of the arbitrators written decision?
The preponderance of evidence
371
According to the article 15 arbitration option when shall the arbitrators written decision be made?
Within 30 days after close of the hearing or after receipt of post-hearing briefs if applicable
372
According to the article 15 if arbitration is selected what do the parties specifically agree regarding the arbitrators authority?
Shall be strictly limited to interpreting and applying the explicit provisions of this agreement
373
According to the article 15. True or False? The arbitrator shall have the authority to modify the agreement or create additional provisions not included in the agreement.
FALSE
374
According to the article 15 what do the parties agree about communication with the arbitrator by the city and association?
Neither shall have ex parte communications with the arbitrator concerning any matter involved in the dispute submitted to the arbitrator
375
According to the article 15 who is responsible for the expenses of each party in preparing for and representing itself at arbitration?
Each party
376
According to the article 15 who is responsible for the fees and expenses of the arbitrator?
Equally borne by the parties
377
According to the article 15 the arbitrators decision is final and binding and may not be appealed with the exception of what 3 cases?
1. Any decision procured by fraud or collusion
2. Any decision which exceeds the arbitrators jurisdiction
3. Any decision which is based on legal conclusions or interpretations which are clearly contrary to existing law
378
According to the article 15 how may deadlines within this article be extended?
By mutual agreement of the parties
379
According to the article 15 what is the procedure for grievances of non-association members?
The same procedure as for association members outlined in this procedure
380
According to the article 15, should the resources of the association be used, who will be required to pay all expenses incurred while pursuing the final disposition of a grievance of a non-association member?
The non-association member
381
According to the article 15 what fees are included in the cost to the non-association member filing a grievance?
Cost for payment of Arbitrator fees
Cost of payment for counsel fees
Any other fees directly related to the grievance
382
According to the article 15 what procedure shall all disciplinary appeals follow?
The procedure as outlined in the chapter 143 of the Local Government Code
383
According to article 16 what is the effective date of this agreement?
October 1, 2015
384
According to article 16 this agreement shall remain in full force and effect through what date?
September 30, 2019
385
According to the article 16 can this agreement be extended?
Yes. This agreement may be mutually extended by the parties
386
According to article 17 if any provision of this agreement is rendered invalid by a court of competent jurisdiction how will the invalidity affect other provisions of the agreement?
No effect
387
According to article 17 what shall occur if any provision of this agreement be rendered invalid by a court of competent jurisdiction?
The parties shall meet as soon as possible to agree on a substitute provision
388
According to article 17 within what time frame should the parties meet to agree upon a substitute provision when one has been rendered invalid by a court of competent jurisdiction?
Within 30 days following the commencement of the initial meeting
389
According to article 17 what shall occur if the parties are unable to meet to agree on a substitute provision within 30 days following the commencement of the initial meeting?
The matter shall be postponed until Meet and Confer negotiations are resumed
390
According to article 17 can the deadline to meet to agree on a substitute provision when one has been rendered invalid by a court of competent jurisdiction be extended?
Yes, by mutual agreement by the parties
391
According to article 17 are the provisions of this agreement severable?
Yes
392
According to article 17 how may this agreement be amended?
By written mutual agreement
393
According to article 17 which section of the Texas Local Government code authorizes this preemption provision?
142.117
394
According to article 17 what have the parties agreed that each and every provision involving or creating a conflict shall have the effect of?
Superceding the statutory standard or result which would otherwise obtain, in the absence of this agreement
395
According to article 17 what provision is of essence to the bargain and agreement which has been reached?
The provision that each and every provision involving or creating such a conflict shall have the effect of superceding the statutory standard or result which would otherwise obtain, in the absence of this agreement
396
According to article 17 what 3 things do the parties agree that each of them has had the unrestricted right and opportunity to do within the meet and confer process?
1. Make
2. Advance
3. Discuss
All matters properly
397
According to article 17 are there other agreements of the parties that are oral or written?
NO
398
Who approved the meet and confer agreement?
Denton City Council
399
On what day was the meet and confer agreement approved by the denton city council?
September 1, 2015
400
What 6 signatures are on the signature and execution page?
1. George Campbell
2. Jennifer Walters
3. Robing Paulsgrove
4. Anita Burgess
5. Jason Ballard
6. Mike Holdsclaw
401
Of the 6 signatures which 2 approved?
Robin Paulsgrove
| Anita Burgess
402
Of the 6 signatures what are the 2 representing the Denton Fire Fighters Association?
Jason Ballard
| Mike Holdsclaw
403
Who ratified the meet and confer agreement?
DFFA membership
404
On what day do the DFFA membership ratify the meet and confer agreement?
August 28, 2015
405
What was George Campbell role in the city at the time of the meet and confer agreement?
City Manager
406
What was Jennifer Walters role in the city at the time of the meet and confer agreement?
City Secretary
407
What was Robin Paulsgroves role in the city at the time of the meet and confer agreement?
Fire Chief
408
What was Anita Burgess role in the city at the time of the meet and confer agreement?
City Attorney
409
What was Jason Ballards role in the DFFA at the time of the meet and confer agreement?
President
410
What was Mike Holdsclaw role in the DFFA at the time of the meet and confer agreement?
Secretary
411
On what date did George Campbell sign the meet and confer agreement?
September 16, 2015
412
On what date did Jennifer Walters sign the meet and confer agreement?
September 16, 2015
413
On what date did Robin Paulsgrove sign the meet and confer agreement?
September 15, 2015
414
On what date did Anita Burgess sign the meet and confer agreement?
September 10, 2015
415
On what date did Jason Ballard sign the meet and confer agreement?
September 4, 2015
416
On what date did Mike Holdsclaw sign the meet and confer agreement?
September 9, 2015
417
What is exhibit A?
Panel of Arbitrators
418
What 6 names are listen on the panel of arbitrators?
1. Norman Bennet
2. Donal Goodman
3. John Barnard
4. Mark Sherman
5. John Allman
6. Louis Bergman Wolitz
419
What is exhibit B?
Nepotism Policy
420
What is the last revision date of the COD nepotism policy?
09/03/2002
421
According to the COD nepotism policy what section states "No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the city council within the 2nd degree of affinity or the 3rd degree of consanguinity, and this shall apply to heads of departments in their respective departments."
Section 14.05
422
According to the COD nepotism policy within what degree of affinity to a city employee shall an employee not be eligible for employment in the same division?
Second
423
According to the COD nepotism policy within what degree of consanguinity to a city employee shall a person not be eligible to employment within the same division?
Third
424
According to the COD nepotism policy in what situation may an applicant for a position in a division be eligible for the position without regard to kinship of other employees in that division?
Application is for a temporary or seasonal position not exceeding 120 days within a 12 month period
425
According to the COD nepotism policy is an applicant for a job in an operational division that reports to or serves as staff liaison to a city board or commission who is within the 2nd degree of affinity or 3rd degree of consanguinity to a board member eligible for said position?
NO
426
According to the COD nepotism policy what is the definition of Consanguinity?
Blood Relationships
427
According to the COD nepotism policy what 4 relationships are considered within the 1st degree of consanguinity?
Mother
Father
Son
Daughter
428
According to the COD nepotism policy what 6 relationships are considered within the 2nd degree of consanguinity?
```
Brother
Sister
Grandfather
Grandmother
Grandson
Granddaughter
```
429
According to the COD nepotism policy what 8 relationships are considered within the 3rd degree of consanguinity?
```
Great grandson
Great granddaughter
Great grandfather
Great grandmother
Uncle (your mother's or father's brother)
Aunt (your mother's or father's sister)
Nephew (your brother's or sister's son)
Neither (your brother's or sister's daughter)
```
430
According to the COD nepotism policy what is the definition of affinity?
Marriage relationships
431
According to the COD nepotism policy what 6 relationships are considered within the 1st degree of affinity?
```
Spouse
Step-children
Mother-in-law
Father-in-law
Son-in-law
Daughter-in-law
```
432
According to the COD nepotism policy what 6 relationships are considered with the 2nd degree of affinity?
```
Brother-in-law
Sister-in-law
Grandfather-in-law
Grandmother-in-law
Grandson-in-law
Granddaughter-in-law
```
433
According to the COD nepotism policy are operational divisions equivalent to a departments budgetary divisions?
Not necessarily
434
According to the COD nepotism policy how will operation divisions within a department be determined?
By that department's organizational charts
435
According to the COD nepotism policy what is an applicant be required to list on their application regarding relations?
All that are within the 3rd degree of consanguinity or 2nd degree of affinity who are employed by the city or serving on a board or commission
436
According to the COD nepotism policy what shall occur to an applicant who fails to list all applicable relatives working for the city or serving on a board or commission on their application?
Disqualified
437
According to the COD nepotism policy can a current employee be appointed or promoted to any supervisor's span of responsibility who is related within the second degree of affinity or third degree of consanguinity?
NO
438
According to the COD nepotism policy what shall happen in the event of promotion or marriage between 2 city employees who are in different departments or different operational divisions of a department?
Those employees remain with the city and their job positions will remain unaffected by the marriage or promotion
439
According to the COD nepotism policy. True or False? At the discretion of the department director newly married employees may remain and work in the same division or department provided that one is not directly reporting to the other and neither is in the same chain of command.
TRUE
440
According to the COD nepotism policy can newly married employees report to the same director?
YES
441
According to the COD nepotism policy if newly married employees cannot meet the criteria of employment what must occur?
One must seek transfer to another department
442
According to the COD nepotism policy if due to marriage one employee must seek transfer to another department who will make that decision?
Those employees
443
According to the COD nepotism policy if due to marriage or promotion an employee must seek a transfer how long can they remain in their existing division?
No more than 6 months
444
According to the COD nepotism policy if an existing employee must transfer due to promotion or marriage will the transferring employee be given preferential treatment if all other things are equal?
YES
445
According to the COD nepotism policy what will occur in the event of promotion or marriage that a suitable position cannot be found by the end of 6 months?
One of the two must terminate or be subject to reassignment if another position is available
446
According to the COD nepotism policy to whom is reassignment subject to the discretion of?
City manager and the individuals skills and qualifications
447
According to the COD nepotism policy if an employee is already employed with the COD and a relative is appointed to a board or commission is the employee required to transfer or resign?
NO
448
According to the COD nepotism policy if the city institutes a reorganization that places two relatives within the same operational division, or supervising a member of his/her immediate family what will occur?
One of the affected employees must transfer to another operational division
449
According to the COD nepotism policy if the city institutes a reorganization that ends up requiring a relative to transfer to another operational division what may occur with the 6 month time frame?
May be extended by 30 day increments with the approval of the city manager, the department director, and the supervisor
450
According to the COD nepotism policy if due to a city instituted reorganization an employee must transfer due to relations and all required parties have agreed to 30 day extensions to the 6 month time frame for said transfer what is the maximum amount of time the extension may go to?
90 days past 6 months
451
According to the COD nepotism policy if the city instituted reorganization has required an employee to transfer due to relations and at the end of a max of 90 days extension past the 6 month time frame the employee has not transferred what are the 2 options?
1. Mandatory reassignment
| 2. One of the employees will be subject to dismissal
452
According to the COD nepotism policy how will the decision of which employee will be reassigned or dismissed due to family relations in the same department after a city instituted reorganization be determined?
Based upon the business interest of the operational division
453
According to the COD nepotism policy what is the definition of immediate family which comes into play during a city instituted reorganization?
2nd degree of consanguinity
| 2nd degree of affinity
454
According to the COD nepotism policy the allowance for exemption to the nepotism policy for temporary and seasonal employees of the COD has what 3 conditions?
1. No more than 1 of the related employees may be a regular employee in the operational division
2. The related employees may not be in a direct reporting relationship, a second level report, or responsible in any manner for scheduling, discipline, or work assignments for each other
3. Temporary and seasonal employee may not be employed by the operational division for a period lasting longer than 120 calendar days within a 12 month period
455
What is exhibit c?
April 17, 2015 letter of agreement
456
What does the April 17 Letter of Agreement address?
Adjustment of the current civil service fire pay plan for the purpose of resolving promotional pay and pay inequities in rank differential between firefighter rank and driver rank
457
According to the April 17, 2015 letter of agreement how will the promotional pay and pay inequities in rank differential between the firefighter rank and driver rank be resolved?
Increasing the hourly rate of Driver step A and Driver step B
458
According to the April 17, 2015 letter of agreement does that increase in hourly rate of driver step A and driver step B affect any other positions?
Yes, those with pay equivalent to Driver
459
According to the April 17, 2015 letter of agreement. True or False? This agreement is at will and may be modified by mutual consent of authorized officials from the CODFD and DFFA.
TRUE
460
According to the April 17, 2015 letter of agreement when will this agreement become effective?
The pay period following signature by the authorized officials from the CODFD and DFFA
461
According to the April 17, 2015 letter of agreement what 2 signatures are listed?
Robin Paulsgrove
| Jason Ballard
462
According to the April 17, 2015 letter of agreement on what date did both Robin Paulsgrove and Jason Ballard sign the agreement?
April 17, 2015
463
What are step increases based on?
Anniversary date
464
What is the shift rate calculation?
(A x D) + (B x C x D x E) = annualized rate
A = 2928 annual hours worked including FLSA overtime hours (120 actual hours worked x 18 pay cycles + 96 actual hours worked x 8 pay cycles)
B = Number of pay cycles overtime is worked (18)
C = Number of overtime hours per 120 hour pay cycle (14)
D = Hourly rate
E = Overtime rate (1/2)
465
What is the length of the work period adopted by the city?
14 day
466
Per FLSA what is the maximum hours worked before overtime?
106
467
According to the FY 2014/2015 civil service fire pay plan how many years till a firefighter tops out?
7 years
468
According to the FY 2014/2015 civil service fire pay plan how many years till a driver tops out?
4 years
469
According to the FY 2014/2015 civil service fire pay plan how many years till a captain tops out?
4 years
470
According to the FY 2014/2015 civil service fire pay plan how many years till a battalion chief tops out?
4 years
471
According to the FY 2014/2015 civil service fire pay plan how many years till a fire inspector specialist tops out?
7 years
472
According to the FY 2014/2015 civil service fire pay plan how many years till a fire inspector specialist II tops out?
4 years
473
According to the FY 2014/2015 civil service fire pay plan how many years till a fire protection specialist tops out?
4 years
474
According to the FY 2014/2015 civil service fire pay plan how many years till a Emergency Management program manager tops out?
4 years
475
According to the FY 2014/2015 civil service fire pay plan how many years till a deputy fire marshal tops out?
4 years
476
According to the FY 2014/2015 civil service fire pay plan how many years till a recruiting management analyst tops out?
4 years
