Contract Flashcards
1
Q
In the event the officer or association fails to meet the time limits at any step of the procedure, the grievance shall be considered ___________ and ______________ shall be taken.
A
Satisfied; no further action
2
Q
Failure by the city to meet the time limits at any step shall be considered an __________________ and shall automatically allow the grievance to _________________.
A
Unsatisfactory; proceed to the next step.
3
Q
Grievance step 1. Any officer having a matter which is felt to be a grievance, first must within ____________ of the actual or constructive knowledge of the occurrence or the event causing the problem submit which grievance in writing identifying the specific article and section of the agreement alleged to have been violated to the association with a copy to his/her _________________.
A
21 calendar days; immediate supervisor.
4
Q
Grievance step 1. The Chief may appoint __________ of the Committee.
A
one (1) non-voting member
5
Q
Grievance step 1. The Association Grievance Committee
shall meet and render its decision in writing within _____________ of the receipt of the
written grievance by the officer.
A
thirty (30) calendar days
6
Q
Grievance step 1 In the event that the Grievance Committee decides that a grievance exists, the Association,
representing the aggrieved officer, shall prepare a __________________ on behalf of the
aggrieved Officer and proceed to Step 2.
A
formal written grievance
7
Q
Grievance step 2. If a grievance is believed to exist, it shall be presented in writing to the Chief. The Chief
shall have ____________________ to act on the grievance and render a decision in writing.
A
fourteen (14) calendar days
8
Q
Grievance step 3. If the grievance is not resolved at Step 2, the matter shall be submitted in writing to
the ________________ within _______________ from the decision at Step 2.
A
Human Resources Director; seven (7) calendar days
9
Q
Grievance step 3. The Human Resources Director shall within ____________________ submit the matter to the City Manager who shall review the matter and shall render a decision in writing within ____________________.
A
five (5) calendar days; fourteen ( 14)
calendar days
10
Q
Grievance step 4. If the grievance has not been settled at Step 3, the parties shall have ___________________
from the date the Human Resources Director notified the President of the Association, in which to
appeal the grievance to arbitration for adjustment.
A
seven (7) calendar days
11
Q
Grievance step 4. An appeal from the Association shall be
submitted in writing to the ____________________.
A
Human Resources Director
12
Q
Grievance step 4. 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 ______________________, may be submitted
to arbitration for adjustment.
A
seven (7) calendar days
13
Q
Grievance Arbitration. If a grievance is submitted to arbitration, within _______________________, the City and the
Association shall agree upon an arbitrator.
A
fourteen (14) calendar days
14
Q
Grievance Arbitration. If the
parties fail to agree upon an arbitrator, a list of _____________________ shall be requested from
the American Arbitration Association (AAA).
A
seven (7) qualified neutrals
15
Q
Grievance Arbitration. Within ____________________ 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.
A
fourteen (14) calendar days
16
Q
Grievance Arbitration. Upon written request delivered at least _________________ prior to the date of the hearing, a
party to the proceeding shall provide to the opposing party the ____________________
expected to be called at the hearing.
A
seven (7) calendar days; names and addresses of witnesses
17
Q
Grievance Arbitration. The
parties, in writing, may request discovery from each other concerning the grievance. Should the
opposing party not agree to provide the requested information within __________________
of the request; the request shall be deemed __________.
A
seven (7) calendar days; denied
18
Q
Grievance Arbitration. 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 _____________________.
A
Texas civil cases
19
Q
Grievance Arbitration. In no event shall discovery be requested within _______________ prior
to the hearing.
A
seven (7) calendar days
20
Q
Grievance Arbitration. The arbitrator shall not have the power to _____________________________ from the provisions
of this Agreement in arriving at his/her decision on the issue or issues presented and shall confine
his/her decision to the interpretation of this Agreement.
A
add to, amend, modify, or subtract
21
Q
Grievance Arbitration. The arbitrator shall confine himself/herself to the precise issue submitted for arbitration and shall have _____________ to determine any other
issues not so submitted to him/her.
A
no authority
22
Q
Grievance Arbitration. The decision of the arbitrator shall be _________________ upon
the City and the Association.
A
final and binding
23
Q
Grievance Miscellaneous Provisions. A grievance contesting action by the City Council or City Manager shall be filed at __________ instead
of _______.
A
Step 3; Step 2
24
Q
Grievance Miscellaneous Provisions. The President of the Association may file a class action grievance on behalf of bargaining unit
members similarly situated at Step 1 within ______________________ of the officer or officers’
actual or constructive knowledge of the occurrence or event causing the problem.
A
twenty-one (21) calendar days
25
Grievance Miscellaneous Provisions. The Chiefs representative to the Association Grievance Committee may submit for the Committee's consideration any evidence that the grievance has been _____________ 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 _________ by the Grievance Committee and the grievant will be bound by the previous resolution.
addressed or resolved; denied
26
Grievance Miscellaneous Provisions. 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 ____________________
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 _________.
Grievance extensions will not be _______________ under this paragraph.
three hundred and sixty five (365) calendar days;
expired;
unreasonably denied
27
Death in Family Leave.
In the event of a death in the immediate family of an Officer, the Officer shall be granted
_____________________________________ according to the following schedule:
Officers working a five-day forty hour week will be granted consecutive _________working days
off.
Officers working a four-day forty hour week will be granted ___________ consecutive working days
off.
consecutive working days off with pay;
four (4);
three (3)
28
Death in Family Leave.
Unless exclusive permission is received from the Chief of Police, the working days as outlined by
this Section shall be taken within ____________________________ from the date of the death of the
family member.
fourteen ( 14) calendar days
29
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.
fifteen
(15) or more minutes
30
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 ______________________ 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;
appropriate
supervisor
31
Off-duty court time and call back shall be paid at the rate of time and one-half, with a __________________________ and paid at ____________ with a three (3) hour minimum on vacation and relief days.
three (3)
hour minimum;
double time
32
An off duty
Officer who attends court or a pretrial conference in the morning, is released for lunch, and
returns to complete his/her attendance in court or the pretrial conference, is compensated for the
_______________ spent in court or conference, inclusive of the time he/she initially reported until final
dismissal by the appropriate authority.
actual time
33
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____________ separate three (3) hour court
callbacks,
two (2)
34
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.
35
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/she is on vacation or on his/her relief day. In the event the telephone ALR Hearing exceeds __________, the Officer will be compensated for the actual time spent testifying in the
ALR Hearing.
one ( 1) hour;
one (1) hour
36
When an Officer is subpoenaed by the respondent to a Civil Service or Arbitration hearing he/she
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
37
It is understood that the Chief is responsible to deliver subpoenas issued by Bexar County and
District Courts at an appropriate time to ensure that Officers are in court only when their presence
is required. To accomplish the above, the Chief may place Officers on a standby not to exceed one
_____________________________________.
(1) hour in the morning and/or one (1) hour in the afternoon
38
An Officer must receive specific
notification from court liaison personnel, District Attorney personnel, County Court or District
Court personnel, to be on afternoon standby. The "a.m." time is set at _____________________
The "p.m." time is set at _____________________ Officers placed on stand-by shall be compensated
10:00 a.m. to 11:00 a.m.;
1:30 p.m. to 2:30 p.m.
39
For an Officer to be placed on standby, he/she must receive specific notification from Court Liaison Detail personnel, ___________________________________.
When an Officer is placed on standby by a _______________________________, he/she must notify the Court Liaison Detail.
from a judge, or from a district/county prosecutor or District Clerk;
judge or district/county court prosecutor or District
Clerk
40
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 as in Section 2 above for each successive day
on standby at the applicable rate. Approval for standby for more than _______________ must be received from the Court Liaison prior to being on standby.
three (3) days
41
Officers who are subpoenaed by other jurisdictions and have received compensation from those
jurisdictions shall not be entitled to compensation as provided in this Article unless the Officer
turns over all funds received from the other jurisdiction to the __________________________ and
validates his/her attendance by completing the necessary forms.
office of the Chief of Police
42
Other jurisdictions Subpoenaed.
Officer shall be paid for all hours worked, 'including travel time,
when traveling to courts outside a _______________ radius of the city.
sixty (60) mile
43
The clothing
allowance will be payable monthly at _________ per month. In addition, a one-time payment of
____________ will be paid during the first pay period after October 1.
$60.00;
$1,520.00
44
Each Officer shall be credited with _________ of accrued holiday leave for each holiday adopted by
the __________ for each year.
one day;
City Council
45
Any overtime accrued in
excess of the Officer's regular duty hours, during the premium holiday, shall be at________________________________________ (in pay or in compensatory time at the Officer's
discretion).
one and one half ( 1 ½ ) times their base pay plus longevity
46
____________ has sole discretion to staff the Department on scheduled City holidays in accordance
with Article 7, Section 1 (A), of this Agreement. 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.
The Chief;
reverse seniority
47
Vacation time shall be accrued and credited as follows: Officers shall accrue vacation at the rate of _______________ per month, plus an
additional ____________ on each anniversary date thereafter.
ten ( 10) hours;
six (6) hours
48
Vacation time shall be accrued and credited as follows: On the date an Officer completes then ____ years of service and on each anniversary
date thereafter, he/she will be credited (on a lump sum basis) with _____ additional hours of
vacation time.
( 10);
forty (40)
49
Vacation time shall be accrued and credited as follows: On the date an Officer completes _____ years of service and on each
anniversary date thereafter, he/she will be credited (on a lump sum basis) with forty (40) additional
hours of vacation for a total of ______________.
(15);
eighty (80) hours
50
anniversary date is defined as the annual anniversary
of the officer's beginning ____________ with the Department.
probation
51
The Chief maintains the discretion to approve or deny leave based on operational necessity. Upon separation, no more than___________________ of leave may be taken consecutively.
four hundred and eighty (480) hours
52
A Police Officer who leaves the classified service for any reason shall receive a lump-sum
payment in the full amount of his/her ending salary for the period of his/her accumulated
_______________________________________________, provided that such payment, in the case of vacation hours, shall be based upon not
more than ____________ of accumulated vacation leave.
compensatory time, holiday hours, sick leave hours (as provided by statute), bonus hours, and vacation hours;
(720) hours
53
The beneficiaries
of any police officer who loses his/her 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 _____________ of his/her
salary for the total number of his/her hours of accumulated leave.
full amount
54
The purpose of this section is to allow conversion of eligible leave time
for Officers enrolled in the Internal Revenue Code Section 457(b) deferred compensation plan as
long as the Officer has not met the statutory __________________________________________ at the time the
deferral is made. The contribution would be made instead of a lump sum leave pay upon separation by the Officer. This provides the Officer an additional option to receive payout of leave balances
in another manner more appropriate for the Officer at their time of retirement. It will also give the
Officer an opportunity to defer the value of their annual leave balance annually within the _____________ prior to the proposed retirement date, subject to IRS maximum limits.
maximum annual contribution limits;
three
(3) years
55
Normally a 457(b) plan participant's annual contribution cannot exceed the lesser of ______ of the
participant's compensation or the elective deferral limit set by the IRS ($20,500 in 2022), and this elective deferral limit is indexed yearly. For the effective purpose of this section, the limit will be
applied as set every calendar year by the IRS. Participants in this Pre Retirement leave conversion
must meet the age requirements as stated by governing plan documents and must be at least ____
years or older to make additional 457(b) catch-up contributions or at least the age of ______ to make Special 457(b) catch-up contributions as designated by the City pursuant to the 457(b) plan document. The election to defer leave time must be made in a manner and at a time permitted under Section 1.457-4(d) of the Income Tax Regulations.
100%;
50;
40
56
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 ____ hours 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
400
57
The City shall distribute funds in _______________. The City agrees to allow Officers
to adjust their paycheck the pay period before or after the sale of leave hours in order for the officer to make contributions to their deferred compensation plan.
cash or as other forms of leave
58
The _______________ will run in the Daily Bulletin during the month of ____________ notification to the Officer to file, in writing, for the leave buy back. The City will pay the Officer his/her amount due at the same time as other City employees are paid for their leave buy back but not later than
Christmas Eve day.
Accounting Unit
September
59
Each Officer shall be entitled to _______ of leave for each quarter of a calendar year (beginning
January 1) of "perfect attendance." 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; Family Leave;_off-job
injury leave; military leave in excess of 120 hours in a calendar year; leave without pay; stress
leave; and suspensions.
8-hours
60
An officer may accumulate no more than ________ of perfect attendance bonus hour time.
400 hours
61
In the event that an officer has reached the maximum number of Bonus Hours that may be accrued,
the excess Bonus Hours may be converted to ___________________ at the discretion of
the officer.
vacation leave or holiday leave
62
Each Officer may accumulate ________ of compensatory time.
480 hours
63
Each officer may accumulate up to a maximum of three hundred and twenty __________ of holiday
leave at the rate of at least _____________ per year.
(320) hours
eighty (80) hours
64
Leave Conversion.
Holiday (320 maximum hours) into ____________
Vacation
65
Leave Conversion.
Vacation (720 maximum hours) into __________
Holiday
66
Leave Conversion.
Bonus (400 maximum hours) into __________________
Vacation/Holiday
67
Leave Conversion.
Sick (1:1) (as applicable per Section 3 above) into _______________________________________
Compensatory Time/Holiday/
Vacation
68
No officer covered by this agreement shall lose any holiday, vacation, compensatory or bonus
hours he/she 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
69
Armed Forces Reserve or National Guard members will be entitled to flex relief days, (RDs), once a month for the purpose of meeting their two-day reserve/guard training commitment. This benefit is in addition to the annual ___________________ policy IA W Federal law.
fifteen (15) day military leave
70
Any Officer may be granted Injury-on-Duty (1OD) Leave by the Chief of Police after __________________________ from the original date of injury
three
hundred and sixty-five (365) calendar days
71
Any Officer may be granted Injury-on-Duty (1OD) Leave by the Chief of Police if: Medical documentation from the _______________ is provided showing additional
medical treatment or procedures are needed and are as a result of the original injury.
Officer's physician
72
Any Officer may be granted Injury-on-Duty (1OD) Leave by the Chief of Police if: 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 _____________ who shall be supplied all pertinent and relevant records of the officer.
third physician
73
Injury-on-Duty Leave.
This third physician shall evaluate said records and, if necessary as determined by him/her, conduct an
additional medical evaluation of the Officer involved. The determination of this third physician
shall be ____________ on parties and not subject to appeal to the Commission and/or grievance
and arbitration as provided for in this Agreement.
final and binding
74
Injury-on-Duty Leave.
Should the determination of the third, independent physician agree with the Officer's physician, the _______ shall bear the cost of this third
physician's evaluation.
City
75
Injury-on-Duty Leave.
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
76
Injury-on-Duty Leave.
The Officer __________ be charged any sick leave during any second or other occurring
period of an original IOD incident, but will be granted immediate IOD leave.
will not
77
Injury-on-Duty Leave.
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 _______________ sick time. In the event the Officer has no sick time on the books, he/she will ___________ any
other type of accumulated leave on the books to equal this 1OD time taken off. In the event the
Officer has no time on the books, he or she shall pay back the time at _________ of all vacation, holiday, and sick time accumulated until all 1OD leave is satisfied.
rescinded and
charged
forfeit
one-half
78
Injury-on-Duty Leave.
The Chief of Police ______ 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
1OD leave. In the event such additional 1OD leave is denied, the employee will _________ the right to appeal the denial to the City Manager and City Council.
shall
retain
79
Jury Duty.
A leave of absence, without loss of ___________, shall be granted to an Officer upon his/her
actual jury duty service, unless excused there from; provided, however, that such Officer waives
or remits to the City his/her _________ and provides proof of jury service verified by the court liaison
section and submitted to Police Accounting.
regular pay
jury fee
80
Each officer shall accumulate ________ of sick leave, with pay, per calendar year.
120 hours
81
When the total number of sick leave pool hours drops below 5,600, _______ of sick leave with pay 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
82
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 ______________, and must forward a copy to the Chiefs Office 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 (I) of his/her sick days is credited to the pool.
Officer's file
thirty (30) calendar days
83
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.
12 hours
84
When an Officer retires or dies, any sick leave accumulated by the Officer that would have
otherwise been forfeited shall be credited to the __________________.
sick leave pool
85
The ______________ and the ___________________ shall each appoint an equal amount of
officers to a committee in rank to administer the sick leave pool. The Committee shall then elect a _____________.
Chief of Police
President of the Association
chairman
86
Sick Leave Pool Committee. The Chief of Police will select one ___________, one _________ and one _________________.
Sergeant
Detective
Patrol Officer
87
Sick Leave Pool Committee. The
Association President will select one _________ and two ________________.
Detective
Patrol Officers
88
Sick Leave Pool Committee. In cases where an officer
applies for sick leave pool benefits and holds a rank higher than sergeant, the Chief and President
of the Association will each appoint one person of rank ________________ than held by the
requesting Officer.
equal to or higher
89
Sick Leave Pool Committee. All committee members shall be appointed on or before ____________ of each year and shall serve
one-year terms. Any vacancies occurring during the course of the term shall be filled within
_____________________. No person shall be allowed to serve more than _______________________.
October 1
twenty-one (21) calendar days
one (1) consecutive
term
90
The following requirements determine when a committee may consider when sick leave pool hours may be drawn. A decision by the committee shall be ______. Officers may be considered for sick leave pool hours after taking off ___________________of continuous non-job-related illness or injury or medical conditions
related to childbirth.
final
120
consecutive working hours
91
The following requirements determine when a committee may consider when sick leave pool hours may be drawn.
No officer shall be permitted to use more than ________________ for a single illness
or injury.
1440 pool hours
92
The following requirements determine when a committee may consider when sick leave pool hours may be drawn. Pool hours may not be used for injuries or illnesses sustained in the ____________________.
line of duty
93
The number of hours in the pool shall be solely for the benefit of officers with extended injuries or illnesses, or medical conditions related to ______________,_and such hours shall not
revert to the accumulated sick leave of individual officers.
childbirth
94
______________ may only be used for disability, 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.
Sick Pool time
95
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 _________________________________ a sick pool usage, as the evidence requires.
extend, reduce, approve, cancel, or deny
96
Officers desiring consideration for sick pool usage may be required to submit to medical
examination by a ________________ and may be required to produce medical records, doctor's orders, and any other material necessary to render a decision by the committee.
City doctor
97
Upon any Officer being absent from duty ______________________ as a result of a single
illness or injury, 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 ____________________ the officer, whichever is applicable,
according to law existing.
18-work weeks
terminate or retire
98
Officers applying to the Sick Leave Pool Committee for reimbursement of hours
used in excess of 120 hours must do so within ____________ of return to duty, following the illness or injury.
one year
99
The Chief may grant a leave of absence, without pay, to a maximum of ___________________, which
granting shall not be unreasonably withheld.
five (5) officers
100
The primary purpose of leave of absence 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 ___________. 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 ________________________.
priority
three (3) calendar years
101
A leave of absence under this Section shall not 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
102
An Officer on an approved leave of absence under this Section must return to regular assignment
with the City for a period at ___________ to the length of his/her leave. Should an officer fail to return to his/her regular assignment for such period, the leave taken shall be considered as a break in service for purposes of __________________________.
least equal
promotion, seniority, pay, and/or pension
103
The Chief of Police ______ recall an Officer from a leave of absence granted under this Section in
the case of an emergency for the duration of the emergency.
may
104
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
______ be withheld until such Officer returns to full-time status with the Department.
may
shall
105
All officers are eligible to receive up to _______________ of Family
Leave at 100% of their compensation after the birth or initial placement of a child in connection
with adoption or foster. The leave must be used within the _________________ following the birth or placement of a child.
160 continuous working hours
12 calendar months
106
Family Leave Provision
Receiving Employee Eligibility:
1. ______________________
2. * Officer(s) must be listed on the birth certificate or adoption/foster
paperwork
3. ______________________
4. __________________________
5. Officer requesting Family Leave must apply for FMLA as outlined in AD 4.20, Family and Medical Leave Act
6. · In some cases, an Officer may be eligible to utilize 120 hours of Family Leave followed by sick leave pool hours. Family Leave will be considered continuous if the 40 hours of entitlement is taken immediately following the sick leave pool hours and if all Family Leave is taken within 12 months of the birth or initial placement.
Birthing and non-birthing parent(s)
Initial placement of a child age 17 or younger as an adoption or foster
Birth or initial placement of a child must take place while the Officer is a
sworn Officer employed with the City
107
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 ___________________, the Chief shall assign an Officer to act in the capacity of the absent position.
seven (7)
calendar days
107
Family Leave Provision Amount, Time Frame and Duration
The City's _________________, or designee, whose decision is final,
has the right to interpret and deny ( or terminate) all Family Leave requests. Leave requests shall not be unreasonably denied.
Human Resources Director
107
Family Leave Provision Amount, Time Frame and Duration
1. A maximum of 160 continuous working hours of leave paid at _____ of compensation may be taken once within a rolling 12 month calendar year
after the birth of a child or initial placement of a child.
2. An Officer may elect to use Family Leave ______ to, subsequent to or in lieu of any accrued leave.
3. Paid holidays taking place while an Officer is out on Family Leave do not extend the period; however, the employee will continue to accrue Vacation and Sick
Leaves.
4. Family Leave runs ______________ with any FMLA leave entitlement available to the Officer.
5. Requests, which include the dates that the Officer wishes to use Family Leave, must be received by the SAPD Payroll Manager at least _____________ prior to the date the Officer expects the birth or new placement of a child
(or as soon as possible if the event was not foreseeable).
100%
prior
concurrently
30 days
108
Acting In A Higher Position.
If it is determined that an absence will continue in excess of seven (7) calendar days, and said position is determined by the _______ to be of critical importance, he/she may, at his/her sole discretion, fill said absence by appointing from the first day of absence.
Chief
109
Acting In A Higher Position.
If another Officer of the ____________________ 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.
equivalent or
higher
110
Acting In A Higher Position.
During service in the acting capacity,
the Officer so assigned ______ 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.
shall
111
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
112
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.
Detective Investigator
113
The City is _________ to assign Patrol Officers to support and assistance functions in
criminal investigative divisions without paying higher classification pay. The City ______ also assign Patrol Officers within the Department for support and assistance functions as workload requires,
without paying higher classification pay.
entitled
may
114
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 ________ be applicable.
shall
115
All appointments to a higher classification position shall be done in ____________________. No Officer will be paid for the performance of higher level work without prior ________________. 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.
writing with
the approval of the Chief of Police
written authorization
116
Any Officer who works voluntarily in an assignment for which sole compensation
is in an overtime capacity _____________ be eligible to receive higher classification in addition to the overtime pay.
shall not
117
A position may not be occupied by Officer(s) of lower rank, as described above 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
118
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)
119
If an Officer requests in writing the assignment of appropriate supervision and
his/her request is unreasonably denied, the Chief of Police ______ 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 _______________________, a reassignment or any other action as determined by the Chief of Police. The determination by the Chief of Police _______ be final and not subject to a grievance.
shall
temporary higher
classification appointment
shall
120
Initial Probationary Period Police Cadet.
Prior to becoming a Police Officer (probationary), Class 601, an Employee is a Police Cadet (602) (civilian) and is not in the bargaining unit. 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 _______________________ probationary period.
fifty-two (52) week
121
Exclusions from the Police Initial Probationary Period.
Periods.
Periods of __________________________ 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) continuous calendar days
122
Police Initial Probationary Period.
Special Assignment.
During the fifty-two (52) week initial period, the officer will be assigned to performing actual
police patrol duties and _____________ be eligible for any other special assignment during the term of this initial period.
shall not
123
Police Initial Probationary Period.
Non-Supplanting.
In no event ________ probationary patrol officers supplant assigned positions or relief days.
Probationary officers _____ only assume the Field Training Officer's relief days while actually riding with the Field Training Officer or temporary RD's as assigned by the Patrol Assignment
Coordinator for training and review procedures.
shall
may
124
Police Initial Probationary Period.
Probationary Dismissal.
Following graduation from the Police Academy, during the Officer's probationary period an Officer may be disciplined or discharged without written notice and/or without cause at the discretion of the __________.
Chief
125
The Chief ______ continue the Field Training Officer Program (FTOP) as a section of the Police
Academy. The FTOP function will be to reinforce and update training given in the Academy in field operations.
shall
126
Field Training Officer Program.
The primary purpose of the Program is to complete the education and training of
probationary Officers. Additionally, the program ____ be used to conduct continuing or remedial education or training for other Department personnel.
may
127
Field Training Officer Program.
While patrol officers may be used as Field
Training Officers (FTO's) to conduct such training and education, they _______________ be used to supervise, investigate, or perform other duties performed by higher-ranking Officers.
may not
128
The minimum requirements for FTO's ________ 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.
shall
129
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 ___________________ FTO' s in the Department.
eighty (80) Patrol Officer
130
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 _______________. Service as an FTO shall be ______________.
badge and/or emblem
voluntary
131
FTO Coordinator.
The program will be headed by a "Coordinator" who shall hold the rank of ___________________.
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 PTO.
Lieutenant or above
132
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
133
Promotional Probationary Period
There shall be a _________________ probationary period for all civil service promotional ranks
commencing the date the Officer is actually promoted.
six (6) month
134
During the promotional probationary
period, an Officer _____ be demoted by the Chief to the rank from which he/she was promoted on
the basis of the Officer's inefficiency, incompetence, or inability to supervise.
may
135
In the event that an Officer is demoted under Section 1 above, said officer may file a grievance pursuant to the grievance procedure in this Agreement. If the grievance proceeds to arbitration, the Officer _____ only raise to the arbitrator the issue of whether or not the Officer was demoted for
some reasons other than inefficiency, incompetency, or inability to supervise. The ________________
shall be on the officer to demonstrate that the demotion was for some reason other than
inefficiency, incompetency, or inability to supervise. In the event that the arbitrator rules that the
demotion was for some reason other than incompetency, inefficiency, or inability to supervise, the
arbitrator ______ rescind the demotion and restore the officer to the promotional rank from which the Officer was demoted.
shall
burden of proof
shall
136
Upon demotion while holding a probationary promotion, an Officer ______ resume the competitive
rank from which appointed and the salary shall be in accordance with said competitive rank with service time credited as continuous time in that competitive rank and with all salary increases to which the officer would have been automatically entitled had the Officer continuously remained
in said competitive rank.
shall
137
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.
forty-five (45) calendar days
138
Disciplinary Actions
Authority of the Chief.
The Officer may
appeal such actions, if any, as provided for here. 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 _________ in advance of settlement.
writing
139
Disciplinary Actions
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
140
Disciplinary Actions
Contemplated Disciplinary Action.
Prior to any such disciplinary action, the Officer ________ 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/she may rebut the charges to the Chief, either orally, or in writing, within ___________________.
shall
seven (7) calendar days
141
Disciplinary Actions
Contemplated Disciplinary Action.
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 ________________ addressed to the Officer's last known address along with delivery of the statement to the Association, and proof of such service _______ be sufficient to provide notice to the Officer of his/her right to rebut the contemplated disciplinary action to the Chief.
certified mail
shall
142
Disciplinary Actions
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 ________________________. A copy of the disciplinary statement shall be promptly filed with the ______________________ of the
City.
Civil Service Commission
Human Resources Director
143
Disciplinary Actions
Written Statement of Charges.
The written statement ___________ 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.
shall
144
Disciplinary Actions
Written Statement of Charges.
In the event of demotion,
suspension, or indefinite suspension, the statement informing the officer of disciplinary action and the reason( s) for the action shall also inform the Officer that an appeal may be made by filing an appeal in writing with the Human Resources Director, within ___________________ after receipt of this written statement unless the case is automatically appealed due to alternate service
via mail to the officer.
fifteen (15) calendar days
145
Disciplinary Actions
Notice of Right to Appeal.
The Chief or the Chiefs authorized designee _____________ 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 __________________; (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 __________.
shall not
designated
messenger
writing
146
Disciplinary Actions
Notice of Right to Appeal.
If the City attempts in good faith to deliver the written statement as provided in this Section, but the 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 Officer or Officer's attorney has _______________________ to appeal after service by mail, or the matter will be dismissed.
thirty (30) calendar days
147
Disciplinary Actions
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 ______________, 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.
one (1) arbitrator
Human Resources Director
148
Disciplinary Actions
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 ________________ after the appeal is filed, the Human Resources Director shall within ________________ from the
expiration of the _________________ request a list of seven (7) qualified neutrals from the
American Arbitration Association.
fourteen (14) calendar days
(5) business days
fourteen ( 14) calendar days
149
Disciplinary Actions
Arbitration Selection and Scheduling.
The parties may mutually agree on one of the seven (7) neutrals.
If they do not agree, the parties shall alternatively strike the names on the list within ___________________ 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/her selection. The parties will not have _____________ 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.
seven (7)
calendar days
ex parte
150
Disciplinary Actions
Arbitration Selection and Scheduling.
The hearing shall be commenced, but need not be completed, within _____________________ of the arbitrator's selection.
ninety (90) calendar days
151
Disciplinary Actions
Arbitration Selection and Scheduling.
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 __________________ from his/her 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.
ninety (90) calendar days
152
Disciplinary Actions
Arbitration Selection and Scheduling.
If the parties cannot agree upon a substitute within _______________ of so learning, another arbitrator shall be selected from a new list of seven (7) names promptly requested
from the American Arbitration Association, according to the procedure set out here.
seven (7) calendar days
153
Disciplinary Actions
Arbitration Selection and Scheduling.
The arbitrator shall make an award within ______________________ of the close of evidence or after receipt of briefs if any in arbitration hearings, and within _____________________ of the close of
evidence in expedited arbitration hearings under 143.057 of the Local Government Code.
thirty (30) calendar days
seven (7) calendar days
154
Disciplinary Actions
Arbitration Selection and Scheduling.
_________________ 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.
Post hearing briefs
155
Disciplinary Actions
Arbitration Selection and Scheduling.
A stenographic transcription of the proceedings shall be made only upon ___________________ 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.
written agreement
156
Disciplinary Actions
Arbitration Selection and Scheduling.
The award of the Arbitrator shall state whether the Chiefs disciplinary decision(s), which includes
the original written statement and charges, is supported in whole or in part by a preponderance of
the evidence considering the reliable and probative evidence in the record as a whole. The
arbitrator __________ substitute his/her judgment for the judgment of the Chief on the disciplinary
penalty chosen except as provided below.
may not
157
Disciplinary Actions
Arbitration Selection and Scheduling.
Suspensions. If the Chiefs decision, or any part thereof, is supported by the evidence, the
Arbitrator ________ uphold a disciplinary action less than an indefinite suspension unless it is arbitrary, unreasonable, or unrelated to the needs of the service in which case the arbitrator _____ reduce a suspension to a lesser period.
shall
may
158
Disciplinary Actions
Arbitration Selection and Scheduling.
Indefinite Suspensions. If the Chiefs decision, or any part thereof, is supported by the evidence, the Arbitrator shall uphold an indefinite suspension if the Officer's actions demonstrate a
substantial shortcoming. The Arbitrator _____ substitute his/her judgment for the judgment of the
Chief on the disciplinary penalty chosen only if the Chief fails to establish a substantial
shortcoming. If the Arbitrator finds the Chief's decision must be modified under the above standards, this Agreement authorizes an arbitrator to reduce an indefinite suspension to a period greater than _______________.
may
45-days
159
Disciplinary Actions
Arbitration Selection and Scheduling.
The following rules ______ govern the conduct of arbitration hearings under this Section, and of certain preliminary matters.
shall
160
Disciplinary Actions
Arbitration Selection and Scheduling.
Both parties shall provide, at least _________________ prior to the date of the
hearing, the names and addresses of witnesses expected to be called at the hearing.
twelve (12) calendar days
161
Disciplinary Actions
Arbitration Selection and Scheduling.
In the absence
of good or excusable cause, the arbitrator _____ exclude the testimony of a witness upon the failure of a party to disclose such a witness.
may
162
Disciplinary Actions
Arbitration Selection and Scheduling.
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__________________ 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 _________________.
seven (7) calendar days
Texas civil
cases
163
Disciplinary Actions
Arbitration Selection and Scheduling.
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/she may deem material. In no event shall discovery be
requested within _____________________ prior to the hearing.
seven (7) calendar days
164
Disciplinary Actions
Arbitration Selection and Scheduling.
The arbitrator _______ have the power to subpoena witnesses. Where the subpoena request is not opposed by a party, the _________________ 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 ______________; otherwise the party issuing the subpoenas shall be responsible for obtaining service.
shall
Human Resources Director
City employee
165
Disciplinary Actions
Arbitration Selection and Scheduling.
All hearings _____ 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 ______ be reasonably delayed upon request of the parties.
shall
may
166
Disciplinary Actions
Arbitration Selection and Scheduling.
Unless otherwise provided in this Agreement, the conduct of the hearing shall be
governed by the rules of the ____________________.
American Arbitration Association
167
Disciplinary Actions
Arbitration Selection and Scheduling.
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 ____________________ of the City.
Human Resources Director
168
Disciplinary Actions
Arbitration Selection and Scheduling.
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/she is given in Chapter 143 of the Local Government Code to appeal the Commission's decision, and no greater right.
district court
169
Disciplinary Actions
Arbitration Selection and Scheduling.
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 _____________________ of the expiration of the complaint's _______________________ timeline in Chapter 143 of the Local Government Code.
thirty (30) calendar days
one-hundred-and-eighty ( 180) calendar day
170
Disciplinary Actions
Arbitration Selection and Scheduling.
Both the Officer and the
Chief ______ 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 __________________, but did not proceed through the conventional track.
must
warranted and enacted
171
Disciplinary Actions
Arbitration Selection and Scheduling.
Any disciplinary action resulting from the expedited disciplinary track must be agreed upon by the
Officer and the Chief, and must be enacted within _______________ of the parties' agreement to expedite the disciplinary process, but under no· circumstances later than the time limitation as expressed in Section 19. Absent an agreement by both the Chief and the Officer, the matter will continue through the regular investigative procedure.
thirty (30) calendar days
172
Disciplinary Actions
Arbitration Selection and Scheduling.
Expedited Disciplinary
the Chief shall have authority to suspend
an Officer for a period of not more than _______________________, or implement an agreed disciplinary action only where the Officer agrees to the disciplinary action in writing.
one hundred and twenty (120) calendar days
173
Disciplinary Actions
Arbitration Selection and Scheduling.
Expedited Disciplinary
An agreed _________________ 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 nondisciplinary
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.
disciplinary action
174
Disciplinary Actions
Arbitration Selection and Scheduling.
Expedited Disciplinary.
Any deadline or time restrictions set out in this Agreement with respect to disciplinary proceedings
_____ be modified by written agreement of the parties. However, neither party _______ be compelled to waive its right to insist upon the deadline and time restrictions provided by the Agreement.
may
may
175
Disciplinary Actions
Arbitration Selection and Scheduling.
Expedited Disciplinary.
Officers suspended up to a maximum of _________________ may, at the Chiefs discretion,
forfeit either accumulated compensatory time, vacation, bonus time or holiday leave equal to the suspension.
forty-five working days
176
Disciplinary Actions
Arbitration Selection and Scheduling.
Expedited Disciplinary.
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 __________________ from receipt of notice of the suspension to decide whether or not he/she wishes to forfeit accumulated leave or exercise his/her appeal rights pursuant to Chapter 143 of the Local Government Code or the Grievance and Arbitration Procedures of this Agreement.
ten ( 10) calendar days
177
Disciplinary Actions
In the original written statement and charges and in any hearing conducted under
this Article, the Chief may not impose discipline for any act that occurred more than __________ prior to the date the Chief knew, or should have known, of the act, provided that no discipline may
issue more than two years after the date of the act, except for certain criminal conduct addressed
in section B.
180 days
178
Disciplinary Actions
Certain Criminal Conduct. The Chief may order an ____________________ based on
an act classified as a felony or Class A or B misdemeanor after the 180-day period following the date of the discovery of the act by the department if the department head considers delay to be
necessary to protect a criminal investigation of the person's conduct.
indefinite suspension
179
Disciplinary Actions
Certain Criminal Conduct.
If the Chief intends to order an indefinite suspension after the 180-day period, the Chief must file with the ___________________ a
statement describing the criminal investigation and its objectives within 180 days after the date of the discovery of the act complained of occurred.
attorney general
180
Disciplinary Actions
Evidence.
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, the Chief and the City may introduce evidence of any prior _______________________ that is relevant or
likely to show a cause for progressive discipline against the Officer that the Chief used to
determine the disciplinary action if the Chief outlined the prior disciplinary action in the original written statement and charges.
sustained disciplinary actions
181
Disciplinary Actions
The City _______ 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.
shall
182
Disciplinary Actions
Section 143.056 of the Local Government Code regarding procedures after felony indictment and certain misdemeanor complaints shall be modified to provide:
The Officer shall provide written notice to the Chiefs Office when the Officer's criminal matter is resolved. Should the Chief fail to charge the Officer with a violation of Civil Service Rules within _____________________ following written notice by the Officer of the
Officer's_acquittal or dismissal of the criminal charges, the officer shall be reinstated with all back pay and benefits
thirty (30) calendar days
183
Disciplinary Actions
Section 143.056 of the Local Government Code regarding procedures after felony indictment and certain misdemeanor complaints shall be modified to provide:
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 _____ 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 ________ apply both to appeals to arbitration and appeals to the Commission pursuant to this Article.
may
shall
184
Disciplinary Actions
Pursuant to Section 17, 19 and 21, the Chief or his/her counsel and the Officer and his/her counsel may mutually agree in writing to extend the 180-day deadline fo~ disciplinary proceedings by delaying the execution of the disciplinary written statement of charges, if any, to a date no later
than _________________ after the final adjudication of the criminal charge pending.
thirty (30) calendar days
185
Internal Security Interview Procedure.
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 _____________________ of receipt of the written complaint.
twenty-one (21) calendar days
186
Internal Security Interview Procedure.
Investigations Through The Chain Of Command.
The ____________ of the station/section will conduct the investigation under procedures and guidelines set out in the
General Manual. Such an investigation of the Officer ______ be confined to the written complaint,
and that complaint only.
Captain
shall
187
Internal Security Interview Procedure.
Investigations Through The Chain Of Command.
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 __________________, __________________, or
__________________ or designee will investigate.
Division Commander
Bureau Commander
Chief of Police
188
Internal Security Interview Procedure.
Investigations Through The Chain Of Command.
Suspensions, if imposed, may be for up to ___________________________________ if approved by the Chief. If the accused Officer does
not agree with the final terms of the contemplated disciplinary decision within __________________, the case will be forwarded to the Internal Affairs Unit for further investigation.
five (5)
working days (maximum 40 working hours)
five (5) calendar
days
189
Internal Security Interview Procedure.
Investigations Through The Chain Of Command.
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/her commanding officer, but nothing herein prohibits
an Officer from seeking advice from an attorney or an Association representative provided it is within the ___________________ limit.
five (5) day time
190
Internal Security Interview Procedure.
Investigations Through The Chain Of Command.
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 ________ have a reasonable opportunity to consult with counsel before writing a response, statement, or report resulting from a complaint.
shall
191
Internal Security Interview Procedure.
Investigations Through The Chain Of Command.
The term "complaint" has used in this
article ___________ include questions about performance of duty raised by the Supervisor or fellow
Officers.
does not
192
Internal Affairs Investigations.
This procedure shall apply to all _______________ investigations of misconduct by officers except investigations through the chain of command conducted under Section 1 above.
non-criminal
193
Internal Affairs Investigations.
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 the Officer must do so
at the facility designated by the investigating Officer, and the Officer __________ remove the
interrogatories ( or any copy of the interrogatories) from the designated facility.
may not
194
Internal Affairs Investigations.
The Officer _______ be informed of the rank, name and command 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/her post and report for interview to another command, the Officer's assigned
command ________ be promptly notified of the Officer's whereabouts.
shall
shall
195
Internal Affairs Investigations.
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 __________ be provided.
twenty-four (24) hours
shall
196
Internal Affairs Investigations.
When the Office arrives for the interview, the Officer ________ be allowed to review but not copy verbatim or photocopy any complaints, affidavits, other written statements, GPS/ A VL
readouts, video recordings, audio recordings, and photographs, which have been gathered as part
of the administrative investigation. The Officer ___________ release the provided information to any person other than his/her attorney or representative.
shall
shall not
197
Internal Affairs Investigations.
For investigations where more than one Officer is being investigated for the same incident
or course of conduct, a respondent Officer's review ___________ include any statements, video recordings, audio recordings, or interviews provided to Internal Affairs of any other respondent Officer for the same incident, or course of conduct.
shall not
198
Internal Affairs Investigations.
Internal Affairs Investigators _____ redact copies of any recording, regardless of where the recording is obtained, when Officers being investigated
are responding to questions involving the investigated course of conduct.
may
199
Internal Affairs Investigations.
The respondent Officer
______ be allowed to review their own recordings in their entirety. The same incident or course of
conduct does not require that the Officers under investigation receive identical allegations.
will
200
Internal Affairs Investigations.
The interview/interrogatories _________ be completed with reasonable dispatch
shall
201
Internal Affairs Investigations.
Reasonable respites ______ be allowed. Time ________ be provided also for personal necessities,
meals, telephone calls, and rest periods as are deemed necessary.
shall
shall
202
Internal Affairs Investigations.
Except in exigent circumstances
where the seriousness of the complaint warrants an extended interrogation, or when the complaint will expire within _________________, an Officer shall not be required to submit to any single
interview/interrogatories for longer than _______________.
sixty (60) calendar days
eight (8) hours
203
Internal Affairs Investigations.
The interviewing Officer __________ 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.
shall
204
Internal Affairs Investigations.
The Officer ___________ be subjected to any offensive language, nor shall he/she be
threatened with transfer, dismissal or other disciplinary punishment. No promise of reward ______ be made as an inducement to answering questions.
shall not
shall
205
Internal Affairs Investigations.
Nothing herein is to be construed so as to
___________ the investigating Officer from informing the Officer tinder investigation that this conduct can become the subject of disciplinary action resulting in disciplinary punishment.
prohibit
206
Internal Affairs Investigations.
In all cases where an Officer is to be interviewed concerning an alleged act which,
if proven, may result in any disciplinary action, the Officer under investigation _______ be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his/her
own choosing or a representative of the Association before being interviewed.
shall
207
Internal Affairs Investigations.
An attorney of
his/her own choosing or a representative ______ be present during the interview.
may
208
Internal Affairs Investigations.
A representative
_________ be a Police Officer who is related to the respondent, or a supervisor with involvement in
the incident being investigated.
may not
209
Internal Affairs Investigations.
Such representative ___________ 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.
may not
210
Internal Affairs Investigations.
At any time during the interview the Officer under investigation ____ request to consult with his/her attorney or representative in private, prior to continuing the interview, provided that the investigator ______ 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
may
211
Internal Affairs Investigations.
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 ______ be given his/her rights pursuant to the Miranda Decision.
shall
212
Internal Affairs Investigations.
Nothing in this subsection shall be construed to limit the
authority of the ______ to conduct administrative investigations nor shall anything in this subsection
be construed to relieve the Officer of his/her 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.
Chief
213
Internal Affairs 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 __________ be released to the criminal investigating entity, except as required by a subpoena or required
to be disclosed by law or Court decision.
shall not
214
Internal Affairs Investigations.
The Officer under investigation _______ be given an exact copy of any written statement he/she may execute.
shall
215
Internal Affairs Investigations.
The refusal by an Officer to answer pertinent questions concerning any administrative matter _____ result in disciplinary action.
may
216
Internal Affairs Investigations.
An Officer ______ 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 ______ remain in the custody
of the Internal Affairs Unit of the Police Department but 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.
shall
shall
217
Internal Affairs Investigations.
No conversation between an Officer and an investigating officer may be recorded
_______________ prior to the conversation by the party making the recording, that it will be
recorded.
without disclosure
218
Internal Affairs Investigations.
Prior to entering the Internal Affairs office, an Officer ______ disclose the existence of any recording device in his/her possession or be subject to disciplinary action.
must
219
Internal Affairs Investigations.
The Chief _____
authorize the wearing of a concealed recording device during any criminal investigation which may involve an Officer.
may
220
Internal Affairs Investigations.
A polygraph examination may be required of an Officer by the _____ only in the strictest confidence and where the complainant, and any complaining witnesses who give a written statement have been examined and found wholly truthful by a licensed examiner.
Chief
221
Internal Affairs Investigations.
The fact that an
examination is ordered or administered and the results thereof __________ 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.
shall not
222
Internal Affairs Investigations.
The Chief's office shall provide ________________________, 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.
written notice, in a sealed envelope
223
Internal Affairs Investigations.
The results of a formal investigation will be forwarded to the _____________________ for recommendations.
Advisory Action
Board
224
Chiefs Complaint and Administrative Review Board.
The Police portion of the CCARB shall consist of ________ voting members.
seven
225
Chiefs Complaint and Administrative Review Board.
The members shall be appointed by the ______. Those members shall serve for _________________________.
Chief
one hundred and eighty (180) calendar days
226
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
The Citizen's portion of the CCARB shall be comprised of ___________
appointees selected from a panel of ___________ available members appointed as set forth below.
seven (7)
fourteen (14)
227
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
Of the initial seven (7) appointees, ______ appointees shall be replaced following the
expiration of _________ from the date of their first Board meeting with ______ members of the panel of fourteen (14) not having served on the Board in the previous 180-days.
3-4
180-days
3-4
228
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
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 _______________________
180-day periods.
two (2) consecutive
229
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
The Chairperson _____ 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.
may
230
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
The Chairperson _______ schedule any complaint for civilian member participation, upon request by the
Officer or the complainant; if it is reasonably possible to do so based on the workload and
availability of civilian members. Notice shall be given to the ________________________.
shall
President of the Association
231
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
It is understood and agreed that the civilian members _______, 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.
shall
232
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
Members of the Citizen's portion of the CCARB shall be selected by the
_____________ from a list of names provided by the City Manager.
City Council
233
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
Prior to providing names to the Council, the City Manager _______ 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.
shall
234
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
The City Manager shall determine whether or not to recommend each of the individuals who apply. In addition, the ______________ shall determine whether or not to recommend each of the individuals. The input and recommendation of the ______________________ shall also be obtained as to each of the individuals.
Chief of Police
San Antonio Police
Officer's Association
235
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
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
236
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
The City Council ____ 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.
may
237
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
Citizens appointed to serve on CCARB shall meet the minimum
requirements for eligibility established under state statute for service on the __________________________and shall take an ____________________ as members of the Board.
Fire and Police Civil
Service Commission
oath of office
238
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
In addition, no
person ______ be appointed to serve on this Board who has been indicted for a felony or a crime of moral turpitude, or officially charged with a Class A or B Misdemeanor.
shall
239
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
Members of the Board
shall serve at the pleasure of the ______________, which may remove them, or replace them at any
time, with or without cause.
City Council
240
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
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 _________________.
two (2) year period
241
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
The __________________ shall apply to all members of the Citizen~ portion of the
CCARB.
City Ethics ordinance
242
Chiefs Complaint and Administrative Review Board.
Citizen's portion of the CCARB
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 ____________________, 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______________________.
twenty-four
(24) hours of training
Commander of the Professional Standards Section
243
Chiefs Complaint and Administrative Review Board.
Right to Privacy
An _______________ has a right to privacy and all members of the CCARB
shall respect that right to privacy, and shall have a duty to maintain the confidentiality of
privileged information.
accused Officer
244
Chiefs Complaint and Administrative Review Board.
Right to Privacy
Each member of the Uniform and Citizen Board shall sign a ____________________, 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.
pledge of confidentiality
245
Chiefs Complaint and Administrative Review Board.
Right to Privacy
"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
246
Chiefs Complaint and Administrative Review Board.
Right to Privacy
The Chairperson shall keep and maintain all records of the Board, and _____________ shall have or maintain any records other than during the meetings of the Board, or on Department premises, in connection with their official duties.
no members
247
Administrative Review Board.
Right to Privacy
If any member of the Citizen's portion of -the CCARB is accused by an Officer of a violation of the right to privacy, the ____________________ shall convene and if a determination is made that a member of the Citizen's portion of the CCARB violated an Officer's right to privacy, then the __________________________ may remove that member.
Civil Service Commission
Civil Service Commission
248
Administrative Review Board.
Right to Privacy
If the breach of
privacy involves a direct report of _______________________ by the member to the public or the
press, removal by the Civil Service Commission shall be mandatory.
confidential information
249
Administrative Review Board.
Right to Privacy
In any event, the Civil Service
Commission shall send a report of Its findings and action to the ______________. 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.
City Council
250
Administrative Review Board.
Right to Privacy
All members of the CCARB _________ be given the opportunity to review each case
that will be presented for consideration subject to the Chiefs approval of exceptions, based on
workload.
shall
251
Administrative Review Board.
Right to Privacy
The Chairperson of the CC ARB shall be responsible for the __________________________ of all files submitted for review by the CCARB.
maintenance of the
confidentiality
252
Administrative Review Board.
Right to Privacy
The Chairperson of the CCARB,. on recommendation from any member of the
CCARB may elect to hear __________________________________.
testimony from complainants or responding Officers
253
Administrative Review Board.
Right to Privacy
Attendance to these boards meetings where testimony is requested are entirely _______________
and complainants or responding Officers may elect to remove themselves at any stage of the questioning by either board without ________________.
voluntary
fear of reprisal
254
Administrative Review Board.
Right to Privacy
The Chairperson of the CCARB ________ 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 _________, but may be accompanied by an __________.
shall
counsel
observer
255
Administrative Review Board.
Right to Privacy
Each board shall make independent recommendations and forward these
recommendations to the Chief of Police. Such recommendations are ________________ and are not
_________ on the Chief. The Citizen's portion of the CCARB ___________ conduct a separate independent
investigation but may recommend to the Chief of Police that further investigations should be undertaken.
advisory only
binding
may not
256
Administrative Review Board.
Any matter which is brought before the CCARB, where a final ruling by the Chief
of Police has occurred, the Chief of Police ________ 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 _____________________________.
shall
twenty-one (21) calendar days
257
Crash Evaluation and Review Board.
The Crash Evaluation and Review Board will consist of ______________________________________________________ appointed by the Chief.
one (1) Captain,
one (1) Sergeant,
one (1) Detective Investigator and two (2) Patrol Officers
258
Crash Evaluation and Review Board.
WHO SERVES AS THE CHAIRMAN ON THE CRASH EVALUATION AND REVIEW BOARD?
Captain
259
Crash Evaluation and Review Board.
Except as specifically provided for in this Article, the Crash Evaluation and Review
Board will be conducted in accordance with __________________ provisions and the CCARB outlined
in this Article.
General Manual
260
Crash Evaluation and Review Board.
An Officer will be retrained for an accumulation of points or the number of
accidents at the _______ discretion.
Chief's
261
Crash Evaluation and Review Board.
The occurrence of ____ chargeable accidents within a ____________ 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 severity of the accidents, which
may drastically differ from one case to another.
two
two year
262
Educational Incentive Pay
Educational Incentive Pay _______ 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 __________________.
shall
Training Academy
263
Educational Incentive Pay
In cases
where the validity of a college or university accreditation is raised, outside of this definition, the
________, at his/her discretion, may accept or reject the question of any university's accreditation.
Chief
264
Educational Incentive Pay
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.
thirty-one (31)
265
Educational Incentive Pay
The ______ shall
ensure that, upon entrance to the Academy, each cadet is informed in writing of this requirement,
the cadet acknowledges his/her understanding in writing, and the writing is made a permanent part of his/her file.
City
266
Educational Incentive Pay
Officers who fail to complete the above requirement(s) shall not be allowed to move
into the ___________ Police Officer pay status until the requirements are met.
"Class B"
267
Educational Incentive Pay
Officers shall be entitled to receive reimbursement for ______________________________________________ at a college or university for course hours in an accredited degree program.
tuition, fees, on-campus parking and the
price of required text(s)
268
Educational Incentive Pay
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""
2. Such reimbursement for tuition and fees shall only be paid at Texas residency rates;
and
3. City tuitlon reimbursement is secondary to other sources such as grants or scholarships.
269
Certification and Instructors Pay
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)
270
Certification and Instructors Pay
Officers who hold an Intermediate Certificate shall receive _________________________ per month.
One Hundred and Sixty Dollars ($160.00)
271
Certification and Instructors Pay
Officers who hold an Advanced Certificate shall receive ________________________ per
month).
Two Hundred Dollars ($200.00)
272
Certification and Instructors Pay
Officers who hold a Master's Certificate shall receive ________________________________
per month).
Two Hundred and Forty Dollars ($240.00)
273
Certification and Instructors Pay
Officers who hold an active or inactive Instructors Certificate issued by the Texas Commission on Law Enforcement Standards and Education shall receive __________________ per month regardless of the Certificate held.
Twenty Dollars ($20.00)
274
Certification and Instructors Pay
Officers who are actively involved in teaching or instructing citizens or other Police Officers may
request, through their __________________, inclusion in the next academy sponsored Texas Commission on Law Enforcement Standards and Education Instructors Training Course.
Admittance shall not be unreasonably denied, however, admittance shall be at the discretion of the
_____________________ and limited based on available classroom size.
chain-of-command
Academy Commander
275
Psychological and/or Medical Examination
The ______ shall have the authority at any time to require an Officer to submit to psychological
evaluation or treatment and/or medical evaluation, at the __________________, to be performed by a
qualified psychologist, psychiatrist, counselor, therapist, or medical doctor chosen by the City.
Chief
City's expense
276
Psychological and/or Medical Examination
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, _____ 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 _____ order an Officer to undergo treatment by an appropriate health care
practitioner of the officer's choosing.
must
may
277
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
_______________________ of Officers of all ranks, including the Chief, 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 ______________________ program operated and certified as ____________________ by an independent firm hired
by the City, and the Officer shall be tested upon being selected by the computer.
One Hundred Percent ( 100%)
non-discriminatory
computerized
non-discriminatory
278
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
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
279
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
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 ____________________ against those Officers who have violated the Police Department's rules, regulations, policies or procedures.
disciplinary action only
280
Psychological and/or Medical Examination
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 _________________ to provide the sample during which time he/she will remain in the testing area under observation.
four ( 4) hours
281
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
Failure to provide a sample ___ be considered a refusal to submit to a drug test.
may
282
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
Officers _____ have the right to request that their urine sample be stored in case of legal disputes.
shall
283
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
The urine sample will be submitted to the designated testing facility where a sample will be maintained for a period of _________.
one-year
284
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
Officers ____ 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 __________, after notification by the Chief (and the sample shall be properly handled by a certified testing laboratory).
may
five (5) hours
285
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
Drug testing shall consist of a two-step procedure:
1. Initial screening test.
2. Confirmation test
286
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
The City and the Association will agree within ___________________________________________________ as to
a SAMHSNCAP 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 SAMHSNCAP FUDTP.
one hundred and eighty (180) calendar days
287
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
The City _____ 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 ________________________________ to be involved in the collecting or
handling of an unsealed sample collected from an Officer.
shall
dishonest conduct or possession of illegal drugs
288
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
Test results shall be ______________ 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.
inadmissible
289
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
All records pertaining to the Department required drug tests shall remain ___________ except to the extent used in a disciplinary process and appeal.
confidential
290
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
Drug test results and records shall be stored
in a locked file under the control of the _______. The _____ will maintain original copies submitted by the laboratory. No access to these files shall be allowed without written approval of the ______.
Chief
Chief
Chief
291
Psychological and/or Medical Examination
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_________________________________________________________________ which for a vehicle is a damage rating of _____________, as defined in the Texas Department of Transportation Vehicle Damage Guide for Traffic Crash Investigator.
death, injury to any person requiring medical treatment or significant property damage (as determined by a supervisor)
3 or more
292
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
Alcohol testing shall be by _______________________. The assigned severity code,
resulting in a decision to test/not test is _____________.
breathalyzer or other recognized scientific process
non-grievable
293
Psychological and/or Medical Examination
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 ____________________ in accordance with the guidelines as set forth by
this section.
reasonable suspicion
294
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
the compulsory production and submission of
urine by an Officer for chemical analysis to detect the presence of prohibited drug usage is
drug testing
295
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
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. ________________ is based on specific, observable facts that an officer may be under the influence of drugs, alcohol, or inhalants.
reasonable suspicion
296
Psychological and/or Medical Examination
Commitment to Effective Drug Interdiction Program.
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.
drug/alcohol testing
297
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/her duties pursuant to the provisions of City guidelines as adopted and approved under City Ordinance No. 83927 incorporated as Attachment "4", excluding Section 1. "Definitions" Subsection 8B, V and VI, which shall not apply, or as otherwise provided by law
will
298
Employee Personnel Systems
The City shall implement a Police Personnel Unit. Such unit shall be staffed with a
minimum of ______________, support personnel, and the operational equipment, i.e.,
computers.
one (1) Sergeant or above
299
Employee Personnel Systems
At the discretion of the Chief and without limiting his/her 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.
3. Maintain an updated, City-wide file of all Officer requests for relief days
and work station assignments; and
4. Process assignment of relief days, from said office, by seniority of requests
on file pursuant to Article 12 of this Agreement.
300
Employee Personnel Systems
All premium relief days shall be filled or abolished in accordance with current practice within
_____________________.
thirty (30) calendar days
301
Employee Personnel Systems
The thirty (30) calendar day requirement shall be waived from__________________________________ each year.
February 24 through the last day of Fiesta
302
Employee Personnel Systems
It is agreed and understood that only prime relief days that become available during the waived Fiesta period can be guaranteed to the ________________ Officer under this exception clause.
most eligible
303
Employee Personnel Systems
No Officer shall be allowed to work under the direct supervision of a ________.
relative
304
Employee Personnel Systems
Relatives _____ be
co-workers in the same division.
may
305
Employee Personnel Systems
No supervisory Officer ______ be allowed to exercise his/her seniority in applying for positions that would place his/her in direct supervision of a relative.
shall
306
Employee Personnel Systems
Personnel Career Activity System.
All Officers requesting transfers to positions outside of the patrol shifts will utilize the _______________________________.
Personnel
Career Activity System (PCAS)
307
Employee Personnel Systems
Personnel Career Activity System.
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
308
Employee Personnel Systems
Personnel Career Activity System.
Only Division Commanders shall request the list of qualified
candidates from the ______________________.
Manpower Allocations Detail
309
Employee Personnel Systems
Personnel Career Activity System.
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 ____________________________ of the date the request was
received by the non-selecting Captain.
fourteen (14) calendar days
310
Employee Personnel Systems
Personnel Career Activity System.
Within fourteen (14) calendar days of receiving a written rejection, an affected officer may submit a written appeal to the _____________ who supervises the non-selecting Captain. The _______________ shall affirm the rejection or overturn the rejection in writing within fourteen (14) calendar days of
receipt of the appeal.
Deputy Chief
Deputy Chief
311
Miscellaneous Provisions
Each Officer who retires from the force ______ be given their service handgun and badge at ___________.
shall
no charge
312
Miscellaneous Provisions
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 funeral expenses of _________________________________________ to the Officer's beneficiary as designated in the City's life insurance program and provide at no cost the Officer's badge and service handgun to that beneficiary if
otherwise legal.
$10,000 payable within 10 calendar days
313
Miscellaneous Provisions
Officers placed on special assignment on an involuntary basis shall work the assignment for a maximum of_________________. At the end of the _______________ , the Chief of Police may extend the term, based on extenuating circumstances.
sixty (60) calendar days
sixty (60) calendar day period
314
Miscellaneous Provisions
Officers whose assignment exceeds the original sixty (60) calendar day period ______ 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 _________ be returned to their assigned unit.
shall
shall
315
Miscellaneous Provisions
Officers returning to an original unit from a special assignment that exceeded
the sixty (60) calendar day limit _______ re-bid on relief days, based on the next available opening (no six (6)-month waiting period unless the special assignment goes beyond _________________________, in which case the officer will be required to wait the six (6) months).
must
one hundred and
eighty (180) calendar days
316
Miscellaneous Provisions
Officers placed on special assignment on a voluntary basis may work the
assignment for a maximum of _____________________________.
one hundred and eighty ( 180) calendar days
317
Miscellaneous Provisions
Officers whose
assignment exceeds the original one hundred and eighty ( 180) calendar day period ______ 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 _____ re-bid on relief days, based on the next available opening.
shall
must
318
Miscellaneous Provisions
The City ______ be required to maintain a permanent personnel file on each Officer
shall
319
Miscellaneous Provisions
Contained within each Officer's permanent personnel file shall be a photograph(s) as defined by
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:
A. The Officer is under indictment or charged by an offense by information; or
B. The Officer is a party in a Civil Service hearing or a case in arbitration; or
C. The photograph is introduced as evidence in a judicial proceeding
320
Miscellaneous Provisions
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.
321
Miscellaneous Provisions
The _____ shall 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 ___________________________________________________________ in making appropriate
arrangements and completing necessary paperwork.
Chief
die or are seriously injured while on active duty, or suffer a catastrophic illness
322
Miscellaneous Provisions
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 _____ 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 ________________________________.
$250.00
shall
final and is not subject to grievance
and/or arbitration
323
Miscellaneous Provisions
During ________ of each year preceding the starting date of each yearly in-service training, the Chief and the President of the Association shall appoint ______________ each to a physical fitness panel.
October
three (3) members
324
Miscellaneous Provisions
The Chief and Association shall provide written notice of their appointees to the
physical fitness panel at least ________________________ before the panel is scheduled to meet.
thirty (30) calendar days
325
Miscellaneous Provisions
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
326
Miscellaneous Provisions
The fitness 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.
Training Academy Commander
327
Miscellaneous Provisions
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 __________________ 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
328
Miscellaneous Provisions
Officers who successfully complete any combination of exercises and who score within the predesignated
total point range will receive the corresponding physical fitness incentive of _____________________________.
sixteen ( 16) to forty ( 40) administrative leave hours
329
Miscellaneous Provisions
Officers who participate in the physical fitness program for ____________________ during inservice and who do not receive an incentive shall receive _________________________ for their
participating in the program. For purposes of this section the physical fitness panel shall define
participation for each year.
three consecutive years
one-day administrative leave
330
Miscellaneous Provisions
Officers on light duty, that have a documented injury will need to provide the Academy PT staff
with a copy of their _________ 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 ____________________ 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.
172-form
sixty (60) calendar days
331
Miscellaneous Provisions
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 ____________________ from their scheduled in-service date to reschedule a make-up with the PT staff.
thirty (30) calendar days
332
Miscellaneous Provisions
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 _____. This leave shall be awarded the ______________________ in which the Officer earned the administrative leave hours and the Officer has __________________ from the date posted to the individual Officer's leave bank to use it.
final
second pay period of the following quarter
365 calendar days
333
Civilization
the City was authorized to civilize the following positions
or units:
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
334
Civilization
It is understood and agreed,
however, that the civilian position ______ at no time supervise or command sworn civil service
personnel.
shall
335
Civilization
The Crime Scene Unit _____ maintain sworn supervisors, regardless of sworn staffing levels.
shall
336
Civilization
The ____________________ of the shooting investigation team shall be a sworn Officer
lead incident commander
337
Civilization
The City
shall notify the Association President at least __________________ prior to civilianization of
jobs traditionally performed by sworn officers and shall consult, and reach mutual agreement, with the Association President over the effects of such civilianization.
ninety (90) calendar days
338
Civilization
The City agrees the effect of
civilianization _______ reduce the authorized number of sworn Police Officers, Detectives or
Supervisors.
shall not
339
Civilization
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 ___________________________________________________________________.
Lee v. City of Houston, or
any later decision by the Supreme Court of Texas
340
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 are:
Executive Board
341
Time in service in the Department from the date the employee became
a probationary Police Officer means:
Longevity
342
Whether done in concert or individually, a failure to report for duty, the
willful absence from one's position, the stoppage of work, or the abstinence in whole or in part
from the full, faithful, and proper performance of the duties of employment (including, but not
limited to, "slowdowns", "sickouts", and the intentional failure to make arrests), for the purpose
of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges,
or obligations of employment means:
Strike
343
Payroll Deductions.
The City 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 ____________________________.
President of the Association
344
Payroll Deductions.
The City shall deduct monthly CLEAT dues from each individual member who has
voluntarily authorized CLEAT dues deductions. The letter requesting CLEAT dues deduction shall
be signed by both the __________________________________.
President of CLEAT and the President of the Association
345
Payroll Deductions.
The City shall deduct monthly POLPAC dues from each member who has voluntarily
authorized POLPAC dues deductions. The letter signed by the President of the Association
requesting POLPAC dues deductions shall declare that the request has been approved by a _________ vote of the Board of Directors and of the membership of the Association.
majority
346
Payroll Deductions.
Any individual member of the bargaining unit wishing to voluntarily withdraw his/her
authorization for Association, CLEAT, or POLPAC dues deductions and not in uniform, must identify himself/herself and personally sign the appropriate form in the ___________________________________________________.
Police Department
Accounting Office at Headquarters
347
Payroll Deductions.
On ___________ of each year 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
348
Payroll Deductions.
Any officer not
desiring the deduction shall notify the _________________ in the same manner as in subsection D
above during the month of ____________ of each year for the following fiscal year.
Accounting Office
September
349
Requests for leave
under this section shall be made in writing by the Association President to the Chief. The
Association President shall annually submit a list of the names of ________________ who shall have the right to use Association Leave with a minimum notice of ___________________. This list of
members eligible for expedited use of Association Leave may be amended no more than once in
each calendar quarter.
ten ( 10) members
twenty-four (24) hours
350
All others using Association Leave shall be required to submit the leave request no less than __________________ in advance of the anticipated date of leave.
five (5) calendar days
351
The City shall notify the Association and/or CLEAT in writing of any member who revokes or adds his/her authorization for dues deduction including POLPAC within _____________________from the revocation or addition of the deduction.
thirty (30) calendar days
352
The City shall not be obligated to deduct dues or deduct any sum provided for herein
until the respective organization provides a _____________________ from the President or legally authorized agent of the Association and/or CLEAT agreeing to indemnify, defend and hold the City harmless against any claims, demands, suits, or any other form of liability that shall arise out
of or as a result of any action taken by the City for purposes of complying with the provisions of
this Article.
legal and binding letter
353
All amounts deducted pursuant to this Article shall be paid to the legally designated
representative of the Association and/or CLEAT in accordance with the procedures established by
the ______________.
Finance Director
354
Whenever an Association member dies, and the City is notified as provided herein, the City will automatically deduct ____________________ from each Association member's payroll during the month immediately following the Association member's death.
twice the amount of dues
355
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.
fourteen (14) calendar days
356
Any Association member who requests reimbursement of dues collected from
benefits after another member dies, and officers who are not Association members, ___________ be eligible for the benefits provided in this Section. The Association shall be responsible to notify the _____ before the deduction of the double dues occurs.
shall not
City
357
Time Off for Association Business.
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
358
Time Off for Association Business.
The City agrees that the President of the Association will be placed on _____________________
during the term of his/her presidency. The special assignment will give the Association President
the latitude to deal with the duties of his/her presidency while retaining the privileges of his/her employment, while the Chief of Police retains the right to recall him/her to duty during an
emergency or special event involving overriding need for the protection of the citizens of San
Antonio.
special assignment
359
For the purposes of accounting, the President, Vice President and Treasurer of the Association will
be assigned to the ___________________.
Accounting Office
360
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
361
The Chief of Police reserves his/her existing authority to revoke special assignment for Association
President during _________________________________________.
emergencies or when the welfare of the citizens of San Antonio is placed in
jeopardy
362
The Association President, as part of his/her Association duties, reserves the right, as in the past, to mitigate grievances at all __________________ 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/she represents. In addition, he/she will participate as the duly elected representative of those
men and women of the Association in any discussion that may affect the quality of work life, health, and well being of any Association member.
informal and formal
363
It is understood that the President, Vice
President and Treasurer of the Association ______ suffer no loss of longevity, seniority, pension,
days off, or any other benefits as a result of and during the term of such special assignment.
shall
364
The leave for the Vice President and Treasurer shall be taken from _______________________.
Association Business Leave
pool
365
The City shall grant Association leave paid in accordance with Article 3, Section 2(E) to a
maximum of _______________ at any given time at the request of the Association President.
eight (8) Officers
366
An additional ___________________ 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 ___________ per year.
five (5) members
five (5) times
367
The Association may maintain __________ bulletin board at each of the decentralized stations
or other police facilities and ____________ bulletin boards at the headquarters building. Bulletin boards may be located at the assembly room and the lobby of the headquarters building and in similar conspicuous locations at the other police stations and/or facilities.
one ( 1)
two (2)
368
The Association may utilize
Department e-mail and video technology to disseminate bulletin board information subject to the
following terms. All e-mail transmissions shall have prior approval of the _______.
Chief
369
The use of video
equipment is limited to the playing of Association provided videotapes in compliance with Section 6 of this Article. The Association representative who accompanies the video is responsible for its
content complying with Section 6. In the event no Association representative is present, the
___________________ is responsible.
Association President
370
The President of the Association ________ have off-site access to
the City mainframe computer and SAPD intranet.
shall
371
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.
372
Bulletin 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
373
Members of the Board of Directors who are on duty shall be permitted to attend the_____________________ each month, and up to _____________________________ per fiscal year. Such members of the Board of Directors who are on duty ______________ be subject to emergency recall, and the Assoeiation shall ensure the immediate response
capability of these Officers.
two (2) regularly scheduled board meetings
two (2) specially called Board of
Directors meetings
shall
374
Members of the Executive Board, members of the bargaining team, bargaining unit members who
are running for Association office or shift representative and wish to make a statement concerning
an election within the Association, 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 _____________________.
ten ( 10) minutes
375
Prior to speaking at such roll
calls, the Association representative shall notify the _____________________ that he/she intends to speak.
appropriate supervisor
376
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 inservice 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 ___________ 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
January
one (1) hour
377
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 in no less than _______________________________.
three (3) hours
two (2) one (1) hour thirty (30) minute blocks
378
Police Academy Cadet Class
The Association shall provide a ____________ to the Academy Commander and shall permit
staff monitoring to assure compliance under this section.
lesson plan
379
There shall be no prior restraint or censure by ________________
of Association representatives during roll-call discussions. In the event an Association
representative allegedly violates this section, such alleged violation shall be subject to the
_____________________.
shift supervisors
Grievance Procedure
380
Management Duties to the Association
The City shall provide the following materials to every officer:
A. A copy of special orders, general orders, training bulletins, rules and regulations, Texas
Penal Code, Traffic Laws and Code of Criminal Procedure; and
B. A copy of this Agreement.
381
Management Duties to the Association
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/she has filed any affidavit,
petition, grievance, or complaint; or given any information or testimony alleging violations of this
Agreement; or because he/she 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
382
The City recognizes its responsibility to a consistent interpretation and application of Department Rules and Regulations, Special Directives and Administrative Orders, which govern _________________________.
the conduct
of Officers on the job
383
The Association ___________ 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 _________ lock out any Officer.
shall not
384
The Association recognizes the City's statutory and Charter Rights to:
Direct and schedule the work of its Officers, to include the scheduling of overtime work in
a manner most advantageous to the City. Officer work schedules ___________ be changed solely to
avoid or curtail overtime pay.
shall not
385
The Association recognizes the City's statutory and
Charter Rights to:
The City shall have the right to reschedule up to _________________________________ of training per Officer per year, the City still maintains its right to schedule training during an Officer's regular work schedule. These hours shall include required TCOLE training and exclude in-service hours. The City is not required to use the entire _______________________________.
one hundred and twenty (120) hours
one hundred and twenty (120) hours each year
386
The Association recognizes the City's statutory and
Charter Rights to:
Use of civilians in the Police Department to perform duties which do not require a
________________________________.
Commissioned Officer or the power of arrest
387
The Association recognizes the City's statutory and
Charter Rights to:
Establish classifications, job descriptions, and standards which provide the basis for
recruiting and assignment. It is also understood that every duty connected with operations
enumerated in job descriptions is not always specifically described. It is, nevertheless, intended
that all duties relating to the present mission of the Police Department, as a public safety
organization, shall be performed by the ______________.
Officers
388
The Association recognizes the City's statutory and
Charter Rights to:
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 ____________________ such rules and regulations subject to the terms of this Agreement and
approval of the Commission.
amend, suspend, and/or alter
389
The Association recognizes the City's statutory and
Charter Rights to:
Any person, whether sworn or unsworn, wishing to address Police Officer roll calls, not to
exceed ____________, on any subject must receive written permission from the ____________________. Bargaining unit members who are running for Association office or shift representative and wish to make a statement concerning an election within the Association are authorized to address Police Officer roll calls.
10 minutes
Chief of Police
390
Subject to review by the City Manager, the Chief shall have the exclusive right to:
A. Establish Departmental rules and regulations.
B. Transfer Officers within the Department to accomplish the mission of the Department in
the most efficient manner.
391
The Labor Relations Committee _________ discuss the working conditions of Officers, including, but not necessarily limited to, safety and specifications for equipment, discipline, Departmental policies and procedures, uniform
specifications and other areas of common Officer interest.
shall
392
The Labor Relations Committee shall recommend to the Police Chief changes in any of these working conditions where necessary, and the Chief shall communicate his/her decision to the Committee in ___________. The Committee has ______________________ to bind either party with respect to any individual grievable topic.
writing
no independent authority
393
The Labor Relations Committee shall consist of ________________ who shall serve at the direction of their _________________. The Association shall designate ____________________, and the Police Chief shall designate
_______________________.
four ( 4) members
appointing authority
two (2) members
two (2) members
394
Officers desiring
items placed on the written agenda shall forward the matter in writing to the ______________________________ with a copy to the _________________________. The Committee shall make its
recommendations in writing to the Chief with copies to the Association and the City Manager.
Office of the Chief of Police
President of the Association
395
The Chief shall thereafter respond to the Labor Relations Committee's recommendations in writing within ________________________ from receipt thereof. A copy of the response will be sent to the Association and to the City Manager. An extension of the Chiefs response of an additional _________________________ shall be granted by the Committee upon request of the Chief.
fourteen (14) calendar days
fourteen (14) calendar days
396
The Labor Relations Committee may appoint subcommittees as necessary. Such subcommittees
_________ report to the Labor Relations Committee and the Labor Relations Committee ___________ make final recommendations in writing to the Chief of Police as outlined above.
shall
shall
397
Any recommendations by the Labor Relations Committee
shall take into consideration City's _____________________.
budget cycles and priorities
398
The Chief shall assign a ________________ to the vehicle maintenance shop for the purpose of inspecting the safety of police vehicles.
supervisor
399
Chief may assign either a sworn Officer or civilian to this position, except that in the event that a
civilian is assigned, there shall be _______________________________ in the Police Department as a result of the assignment of a civilian.
no reduction or loss of sworn positions
400
If at the discretion of an Officer, an assigned vehicle is
not in safe condition, said Officer shall notify the supervisor assigned to the________________ that the vehicle is not in a safe condition
vehicle maintenance shop
401
The supervisor assigned to the vehicle maintenance
shop shall make the decision as to the safety of the police vehicle. In the event that the supervisor
assigned to the vehicle maintenance shop deems the police vehicle to be in a safe condition, and the employee disagrees with the supervisor's decision, said Officer _____ protest the supervisor's decision in writing. The supervisor assigned to the vehicle maintenance shop ______ acknowledge the officer's protest in writing and forward all copies to the Officer's __________________ for final disposition.
may
shall
Division Commander
402
The Vehicle Maintenance Supervisor _____ maintain records on the maintenance of all police vehicles. When a vehicle reaches the 30,000 miles odometer reading, a review of the vehicle's maintenance record ________ be conducted. If deemed necessary, the Vehicle Maintenance Supervisor ____ request an exhaustive mechanical evaluation be performed on the vehicle.
shall
will
may
403
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
404
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.
100,000
100,000
405
Additionally, an Officer _________ 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 100,000 miles or more on its odometer.
will not
406
Prior to 100,000 miles, a Chevrolet Tahoe or
Ford Crown Victoria vehicle may be retired from the uniform division fleet if considered
incompatible with fleet operation by the head of the ____________________________.
vehicle maintenance unit or a Division Commander
407
No Officers in the uniform division ____ be ordered to drive a Chevrolet Tahoe or
Ford Crown Victoria patrol vehicle which has in excess of 100,000 miles. Any vehicle retired from use in the uniform division pursuant to this agreement ____ be used by the Department in other divisions, provided that the vehicles are sound and safe to operate.
may
may
408
If supply chain issues exist beyond the City's
reasonable control and impact the City's ability to replace any models of police vehicles within
the mileage included in this Section, then a vehicle may be retired in excess of the mileage included in this Section or recommended by the Labor Relations Committee. In this circumstance, the _______________ will give notice to the Association of the City's impacted ability and estimated time frame
for replacement.
City Manager
409
Notice to the Association regarding supply chain issues will be provided __________
to the LRC by the Building and Equipment Services Department until the time that there is no
longer a supply chain issue. Vehicles that exceed ____________ miles on their odometer due to supply chain issues will be retired if considered incompatible with fleet operation by the head of the
__________________________________. Once the supply chain issue is resolved, the City will ensure it has placed its order for any replacement vehicles.
monthly
120,000
Vehicle Maintenance Unit or a Division Commander
410
The LRC will have access to any Progress Reports prepared by the _____________________. The LRC shall make a recommendation based on its continued work 12 months from the effective date of this Agreement. For the purposes of this evaluation the decision of the Police Chief will be implemented only if the Chief follows the recommendations of the _______________________.
Building Equipment Services Department
Labor Relations Committee
411
The City shall provide to Officers occupying the rank of _____________ a City-owned vehicle
for the Officer's use during his/her employment on active duty status and for the Officer's use in driving to and from home.
Lieutenant or above
412
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 ____________ on its odometer) or the allowance as previously noted.
$300
10,000 miles
413
During the period of ___________ of each calendar year, the Officer may elect to change
from his/her car or car allowance.
June 1 to July 1
414
The use of a City vehicle by an Officer ____ be revoked by the Chief if the individual assigned the vehicle is not insurable per state minimum requirements.
may
415
The Chief has the _____________ 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 __________ 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.
sole discretion
shall not
416
In the event the radio needs to be replaced or repaired due to negligence or intentional abuse on the part of the Officer to whom the radio is issued, the Officer _______ be required to reimburse the City for the
costs. The cost of said radio shall be, for purposes of the Section, based upon its __________ at the time of loss. Negligence or intentional abuse and the actual value (considering depreciation value) of the radio shall be determined by the _______________ outlined in Article 9.
shall
actual value
Labor Relations Committee
417
The City shall provide to all Officers the option of selecting soft body armor with a minimum
standard of Threat Level _______________________.
ill-A or Threat Level II
418
Vests _____ be provided to all new Officers prior to the end of their first week as Officers. Vests shall be replaced every _________ by making a proper request to the _________________, or at any time when obvious damage to the vest requires replacement.
shall
five (5) years
Division Commander
419
In addition to the ammunition provided by the Department for mandatory in-service firearms
training, each Officer is entitled to ___________________ of .40 caliber ammunition per year.
one hundred (100) rounds
420
When an Officer loses and/or damages equipment assigned for purposes of employment the Labor Relations Committee ______ cause to be conducted an investigation surrounding the facts causing the loss or damage. Upon completion of its investigation, the committee will make a determination
as to the cause of the loss or damage and to what extent the Officer is responsible for such loss and/or damage. The Committee shall write a report of its findings which shall be forwarded to the
________.
shall
Chief
421
An Officer who disagrees with the findings of the Committee _____ appeal the Committee's
recommendation to the Chief. The Chief may adopt, in whole or in part, or reject the Committee's
recommendations. The actions of the Chief in this regard ________ be subject to grievance and
arbitration as provided for herein, if the Chief concurs in the recommendation of a majority of the Committee or reduces the Officer's responsibility for such loss or damage below the
recommendation of the majority of the Committee.
may
shall not
422
Officers ___ utilize payroll deductions to reimburse the City for lost or damaged equipment.
Payroll deductions must be set at _____________ per payday unless the Officer agrees to higher payments. It shall be the obligation of the officer to coordinate such repayment with the Police Department ________________.
may
fifty dollars ($50.00)
Accounting Office
423
All reimbursements paid
outside of payroll deduction are due within ______________ of the payday. Regardless of the method of payment, all payments must begin no later than the _______ pay day
after the final ruling by the Chief.
five (5) calendar days
second
424
After all administrative appeals are exhausted; Officers failing to reimburse the City or who fail
to pay according to the selected pay schedule above shall be deemed _________ to the Chief of Police and _____ be disciplined up to and including termination.
insubordinate
may
425
Seniority - For purposes of this Article, each Police Officer shall be given __________ on a promotional examination for each year as a classified Police Officer in the San Antonio Police Department. In no event shall the number of such seniority points added to a passing score
exceed ______.
one ( 1) point
ten (10)
426
Detective Investigators who are testing for the rank of Sergeant will also receive in addition to the one ( 1) point on a promotional examination for each year as a classified police officer up to ten ( 10) points of seniority, an additional ______ for holding a Master Peace Officer Certification; an additional
point for _________ time in rank as a Detective Investigator; and an additional point for __________ time in rank as a Detective Investigator not to exceed a total of __________________ with the
total to be added to the overall final passing score of the promotional examination for Sergeant.
point
five (5) years
ten (10) years
thirteen (13) points
427
_______________ is meant to include service as an initial probationary Police Officer and
probation after promotion.
Classified Police Officer
428
___________ is defined as all years of service, whether interrupted or uninterrupted, on the San Antonio Police Department, and not merely the last continuous period of service.
Seniority
429
Police promotional examinations shall be open to all Police Officers who have held a classified position with the San Antonio Police Department for ________________, immediately below the rank for which the examination is to be held.
two (2) years or more
430
Promotional examinations to the rank of Detective Investigator shall be open to only those officers within the classification of a Class _________ patrol officer; no Officer shall be permitted to take a promotional examination to the rank of Detective Investigator until being in the classification of a Class _______ Patrol Officer.
C or higher
C or higher
431
Return From Military Service - Effective with the signing of this Agreement, officers who .were serving on active military duty as members of the armed forces and who were eligible promotional candidates according to the rules as set out by USERRA when a Department
promotional exam was offered, who did not take the exam, may apply within __________________
after notice by the City of their rights and obligations under this subsection upon their return to the Department from active military duty, to take the next available promotional exam given for that rank for which they are currently eligible.
30 calendar days
432
If the Officer's score would have resulted in a promotion
if it had been achieved on the exam(s) missed due to active military service, the Officer ______ be promoted to the next available vacancy in that rank. Seniority in rank and retroactive back pay owed will be established as of the date the Officer would have been promoted based on the score
made at the time, as if he or she had not been on active military service.
must
433
Study Materials Committee - The Chief ____ establish a separate committee for the
selection of proposed study materials for each promotional examination by rank (written and/or Video Recorded Assessment).
shall
434
This Study Materials committee will be comprised of two members appointed by
the ______ and two members appointed by the ______________ and shall be facilitated by the _________________________.
Chief
President of the San Antonio Police Officers Association
Training Academy Commander
435
Study materials for all ranks shall not be the same for any ________ consecutive years.
two (2)
436
The Study materials committee membership will be changed after each __________. The committee members appointed by both the Chief and the President of the Association will hold the ____________ as the position being tested for.
testing cycle
same rank or higher
437
Study Materials Committee.
Failure to comply with the confidentiality pledge ____ result in disciplinary action ranging from a written reprimand to indefinite suspension.
may
438
The City shall limit the promotional material for all ranks to __________ pages of text. For purposes of this section, two hundred pages of text shall be defined as text that averages approximately ____ words per page.
two hundred (200)
750
439
Where the City cannot obtain such permission, the City will
make arrangements te ensure that all of these study materials (e.g., textbooks) are available at one or more locations within the City for purchase by the candidates. Candidates who purchase study materials and who score seventy percent _________________ on each of the examinations applicable
to the promotion sought will be reimbursed for the price of the study materials
(70%) or higher
440
After the Chief has made his/her selections, the City Human Resources Department will
ensure the study materials are prepared for distribution under circumstances which will promote security. The Human Resources Department will verify the completeness of the material. No question will be included in the written examination unless it derives its source from the _______________.
study material
441
Until the adoption of the SAPD promotional study book(s) the date and method that the
study materials will be made available to the candidates will be announced in the Daily Bulletin for ____________________.
five (5) consecutive working days
442
Until the adoption of the SAPD promotional study book(s)
in accordance with this Section, the study materials shall be announced for purchase or made available to eligible candidates during a period which is not less than ________________ prior to the examination.
ninety (90) calendar days
443
Once the study materials are provided to the candidates, the material will not be altered in any manner, other than to update change in ___________________.
law and Department policy
444
Beginning at least one hundred and ________________ before the administration of the
examination, the City will announce in the Daily Bulletin the date of the examination and the location and dates that any eligible officer may register for the examination. This announcement will run for ________________________. Candidates for the promotional examinations shall register for the examination between ________________________________ before the written examination.
twenty (120) calendar days
five (5) consecutive working days
one hundred and fifteen (115) and one hundred and five (105)
calendar days
445
The preparer of the written examination shall deliver the examination sealed and numbered to the ______________ who is charged with the responsibility for the security of all written promotional examinations. The written examination ______ remain sealed until opened in the
presence of the participants.
Civil Service Director
shall
446
Written examination grading will be performed within ___________ feet of any entrance or
exit from the examination room in open view of all candidates.
fifty (50)
447
A minimum passing score of
______________ out of a possible one hundred percent ( 100%) (unless a qualified consultant shall determine a different cut off score, based on the statistical validity of the test, which shall be subject to Commission review and approval) is required on each promotional examination (written or written plus assessment) applicable to the rank to which the officer seeks promotion.
seventy percent (70%)
448
Each eligible promotional candidate shall have the opportunity to examine written test source materials and their own graded examination paper and answers within ______________________ after the examination. The candidate may see the above material, but may not remove the graded examination paper from the ___________________.
five (5) consecutive working
days
Human Resources Department
449
Candidates arriving after the appointed starting time of the examination _______ be admitted or allowed to participate in the examination.
will not
450
Matters relative to the construction of any promotional written examination which
are appealable to the Civil Service Commission pursuant to Chapter 143, Local Government Code, shall continue to be appealable and the decision of the Commission shall be ____.
final
451
In order to commence a-sergeant assessment, the City agrees to the following:
* To successfully complete and implement an SAPD Promotional Text for each rank;
* To implement a Supervisory Leadership Training Program for all candidates for promotion to a civil service supervisory tested rank; and
* To implement a mentorship program for all new supervisors
452
In the case of a Force Majeure Occurrence that prevents the promotional examination from
occurring, the examination shall be rescheduled as soon as possible but no later than __________________________ of the originally scheduled examination. In the event of a rescheduling, no further
notice of the examination is required other than the new time, place, and date of the rescheduled examination.
sixty (60) calendar days
453
____________ shall mean an occurrence beyond the control and without the fault
of the City after a declaration by the Mayor. Without limiting the generality of the foregoing, ___________________ occurrences shall include: acts of nature (including fire, flood, earthquake, storm,
hurricane, ice storm or other natural disaster), war, invasion, acts of foreign combatants, terrorists acts, military or other usurped political power or confiscation.
Force Majeure Occurrence
454
Force Majeures of this nature can be declared by the _________________ after attempts have been made to relocate the test within the same building. Moving the test location between rooms in a building will not require reposting of the exam.
Civil Service Director
455
Officers promoted to Detective Investigator, Sergeant, Lieutenant or Captain shall
attend a mandatory investigator (Detectives), supervisory or management (Sergeant, Lieutenant and Captain) training program designed for that rank of no less than ___________ prior to or after being promoted. Officers who are promoted to the rank of Detective Investigator, Sergeant,
Lieutenant, or Captain and who have not attended the mandatory training program shall be required to attend the required training within _______________ of promotion.
40-hours
sixty (60) calendar days
456
Officers promoted to Detective Investigator, Sergeant, Lieutenant or Captain shall
be assigned to one or more Officers of equal rank for on-the-job field training for a period of no less than _____________ during their probationary period.
one ( 1) calendar month
457
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)
458
As vacancies occur in the rank of Deputy Chief and Assistant Chief, the Chief of
Police shall either appoint an Officer or permanently abolish the position within _______________ in accordance with this Section. Should the Chief of Police fail to appoint and the position is permanently abolished, the position of Deputy Chief shall revert to the rank of Captain or Lieutenant, whichever is applicable.
ninety (90)
calendar days
459
Assistant Chiefs and Deputy Chief Officers appointed to this rank shall be subject to overall City policies and regulations and while appointed to this rank _______ be subject to the provisions of Chapter 143, Local Government Code, or any provision of this Agreement, unless specifically so provided by this Article.
shall not
460
Deputy Chiefs and Assistant Chiefs who fail to complete this requirement for a Masters Degree within the specified time periods shall be demoted within ____________________ after verification by the Chief of Police of the Officer's non-compliance. Officers shall be demoted to their previous civil service rank and seniority.
ten ( 10) calendar days
461
An Officer appointed to
the rank of Deputy Chief ____ be terminated for cause, provided that such termination shall be
subject to appeal in the same manner as applicable to all classified uniformed Officers in the Department.
may
462
The Chief of Police shall have the right to appoint ______ Assistant Chiefs which shall be one
rank immediately above the rank of Deputy Chief and one rank immediately below the Chief of
Police in the chain of command.
two (2)
