Contract Flashcards
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.
Satisfied; no further action
Failure by the city to meet the time limits at any step shall be considered an __________________ and shall automatically allow the grievance to _________________.
Unsatisfactory; proceed to the next step.
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 _________________.
21 calendar days; immediate supervisor.
Grievance step 1. The Chief may appoint __________ of the Committee.
one (1) non-voting member
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.
thirty (30) calendar days
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.
formal written grievance
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.
fourteen (14) calendar days
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.
Human Resources Director; seven (7) calendar days
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 ____________________.
five (5) calendar days; fourteen ( 14)
calendar days
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.
seven (7) calendar days
Grievance step 4. An appeal from the Association shall be
submitted in writing to the ____________________.
Human Resources Director
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.
seven (7) calendar days
Grievance Arbitration. If a grievance is submitted to arbitration, within _______________________, the City and the
Association shall agree upon an arbitrator.
fourteen (14) calendar days
Grievance Arbitration. If the
parties fail to agree upon an arbitrator, a list of _____________________ shall be requested from
the American Arbitration Association (AAA).
seven (7) qualified neutrals
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.
fourteen (14) calendar days
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.
seven (7) calendar days; names and addresses of witnesses
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 __________.
seven (7) calendar days; denied
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 _____________________.
Texas civil cases
Grievance Arbitration. In no event shall discovery be requested within _______________ prior
to the hearing.
seven (7) calendar days
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.
add to, amend, modify, or subtract
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.
no authority
Grievance Arbitration. The decision of the arbitrator shall be _________________ upon
the City and the Association.
final and binding
Grievance Miscellaneous Provisions. A grievance contesting action by the City Council or City Manager shall be filed at __________ instead
of _______.
Step 3; Step 2
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.
twenty-one (21) calendar days
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
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
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)
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
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
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
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
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
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)
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.
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
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
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
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.
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
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
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
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
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
Each Officer shall be credited with _________ of accrued holiday leave for each holiday adopted by
the __________ for each year.
one day;
City Council
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
____________ 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
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
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)
Vacation time shall be accrued and credited as follows: On the date an Officer completes fifteen _____ 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
anniversary date is defined as the annual anniversary
of the officer’s beginning ____________ with the Department.
probation
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
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 seven hundred and twenty ____________ of accumulated vacation leave.
compensatory time, holiday hours, sick leave hours (as provided by statute), bonus hours, and vacation hours;
(720) hours
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
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
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
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
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
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
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
An officer may accumulate no more than ________ of perfect attendance bonus hour time.
400 hours
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
Each Officer may accumulate ________ of compensatory time.
480 hours
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
Leave Conversion.
Holiday (320 maximum hours) into ____________
Vacation
Leave Conversion.
Vacation (720 maximum hours) into __________
Holiday
Leave Conversion.
Bonus (400 maximum hours) into __________________
Vacation/Holiday
Leave Conversion.
Sick (1:1) (as applicable per Section 3 above) into _______________________________________
Compensatory Time/Holiday/
Vacation
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
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
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
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
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
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
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
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
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
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
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
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
Each officer shall accumulate ________ of sick leave, with pay, per calendar year.
120 hours
When the total number of sick leave pool hours drops below 5,600, _______ 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
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
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
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
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
Sick Leave Pool Committee. The Chief of Police will select one ___________, one _________ and one _________________.
Sergeant
Detective
Patrol Officer
Sick Leave Pool Committee. The
Association President will select one _________ and two ________________.
Detective
Patrol Officers
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
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
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
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
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
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
______________ 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
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
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
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
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
The Chief may grant a leave of absence, without pay, to a maximum of ___________________, which
granting shall not be unreasonably withheld.
five (5) officers
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
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
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
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
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
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
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
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
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
Family Leave Provision Amount, Time Frame and Duration
- 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. - An Officer may elect to use Family Leave ______ to, subsequent to or in lieu of any accrued leave.
- 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. - Family Leave runs ______________ with any FMLA leave entitlement available to the Officer.
- 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
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
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
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
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
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
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
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
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
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
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
An Officer who works in the acting capacity of a higher position will only be compensated for the hours or days that the Officer actually works in that position and is present to carry on the duties of the higher position. Officers will be compensated in whole hours with a
minimum of one-hour. Any hours actually worked over _________ shall be compensated for a full day.
four (4)
If an Officer requests in writing the assignment of appropriate supervision and
his/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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Disciplinary Actions
Arbitration Selection and Scheduling.
The following rules ______ govern the conduct of arbitration hearings under this Section, and of certain preliminary matters.
shall
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
