between the HQU-STQN EQLIQE UNEQN (HEQU) a3-the Majm'ity Eargainirzg Agent far all Poiflice Ef?cgrg and the CITY HQUETQN, TEXAS THEQUGH DECEMBER 2018 TAELE CF CCNTENTS PREAMELE "1 ARTICLE DEFINITICNS "2 ARTICLE 2: RECCGNITICN "5 ARTICLE 3: DURATICN ..5 ARTICLE A: AMENDMENTS ..S ARTICLE 5: SAVINGS CLAUSE ..6 ARTICLE 6: FREEMRTICN CF LEGAL RIGHTS ?6 ARTICLE 7: WITH CTHER GCVERNMENTAL ECDIES .37 ARTICLE 8: MANAGEMENT RIGHTS ..7 ARTICLE 9: EXECUTIVE ASSISTANT CHIEF RANK AND AND CF ARRDINTMENTS TC ASSISTANT CRIEF AND EXECUTIVE ASSISTANT CHIEF CF RCLICE ..3 ARTICLE 10: CADET HIRING SELECTICN FRCCEDURE ..9 ARTICLE UNICN RRIVILEGES ..9 ARTICLE 12: MEA GRCUE LEAVE TIME RCCL ARTICLE ?23: NCNDISCRIMINATICN .311 ARTICLE ?34: IN SERVICE TRAINING AND TRAINING "?12 ARTICLE '35: MEA FARTICIRATICN CN CFEICIAL CCMMITTEES "?12 ARTICLE ?36: MAINTENANCE CF STANDARDS AND BENEFITS "13 Table Of Contents Meet Confer Agreement ?In ARTICLE ?37: LAECR RELATIONS CCMMITTEE ..13 ARTICLE MINIMUM ELIGIBILITY REQUIREMENTS ANS CCNDITICNS PCR ..16 ARTICLE PRCCESS AT ARTICLE 20: EYPASS STANCARCS AND ARTICLE 21: CLASS CPPICERS ..28 ARTICLE 22: CEPARTPAENT EIVISICN MANAGERS "27 ARTICLE 23: TRANSFER GP CERTAIN PCRENSIC PUNCTICNS TC HCUSTCN ECRENSIC SCIENCE CENTER ?27 ARTICLE 24: REC CENTER .28 CISPUTE RESCLUTICN SYSTENS ANC PRCCEDURES ARTICLE 25: PCLICE CIVIL. SERVICE CCMMISSICN .29 ARTICLE ZS: INCEPENDENT HEARING EXAMINERS ..32 ARTICLE 27: CONTRACT GRIEVANCES ?34 ARTICLE 28: GRIEVANCE EXAMINERS PRCCECURE ARTICLE 29: MEDIATICN GP CERTAIN BISCIPLINARY APPEALS ..38 INVESTIGATICN, DISCIPLINARY PRCCESS AND APPEALS ARTICLE 30: INVESTIGATION CF CPPICER "39 ARTICLE 31: CISCIPLINE AND DISCHARGE ?.40 ARTICLE 32: SUPERVISCRY INTERVENTICN SALARY, PAYS, ANS EENEPITS Table of Contents Meet Confer Agreement ARTICLE 33: SALARY, RAY 8a, BENEFITS ?.48 1. EASE AND SENIORITY FAY COMPENSATION AS 2. HPO TRAINING PAY 55 3. SENIOR POLICE OFFICER 55 A. ASSIGNMENT PAY 50 5. WEEKENO PREMIUM SHIFT DIFFERENTIAL PAY 50 5. EDUCATIONAL INCENTIVE FAY 51 COLLEGE TUITION REIMBURSEMENT 51 8. EQUIPMENT ALLOWANCE 53 S. CLOTHING ALLOWANCEPAY 55 10. TEXAS POLICE TRUST 55 11. PARKING 55 12. HRS VEHICLE USE FEE 55 13. PATROL OFFICER INCENTIVE PAY 55 IA. INVESTIGATOR INCENTIVES 55 15. SILINGUAL PAY 57 ARTICLE 34: PAIO TIME OFF .57 ARTICLE 35: EXEMPT EMPLOYEE ADDITIONAL COMPENSATION TIME .55 ARTICLE 35: OFFICER COMPENSATORY TIME ACCRUAL .50 ARTICLE 37: STRATEGIC OFFICER STAFFING PROGRAM .51 ARTICLE 35: HEALTH SENEFITS .51 ARTICLE 55: CONVALESCENT OFFICER LEAVE POOL .53 ARTICLE 50: PERSONAL DAYS (PD) .53 ARTICLE PHYSICAL FITNESS AGILITY PROGRAM .55 Table of Contents Meet 5 Confer Agreement ARTICLE 42: PCRCE RECUCTICNS ?66 ARTICLE 43: POLICE MEMORIAL. DUTY VCLUNTARY SEPARATICN ANS RETIREMENT 44: PHASE DCWN ..ST MISCELLANECUS FEATTERS ARTICLE 45: DEFERREC 457(k)) PLAN .30 ARTICLE l53&6: ADDITTCNAL TERMS ?86 ARTICLE PHYSICAL ANC WENTAL FITNESS PRCCECURES ANS ARTICLE 48: DCNATED PTO "83 49: CPPICER RESICENCY INCENTIVE "83 STGNATURE ANS APPROVAL PAGE EXHIEITS: A. Base Pay and Step Tabiee for 2015-2018 HPD Classi?ed: Paid Time Off (PTO) Program HPD Classi?ed: Physical Agility Test (PAT) Phase Down Program: Options Table Investigative Incentive Pay Program Table of Contents Meet Confer Agreement ?iv- fdeet Confer Agreemeet between the Heesten Relics Cfficers? Union as the Majority Sargairting Agent for and on behalf of ell Relics Cfficers and the City of Houston, Texas PREAMBLE WHEREAS, this Meet and Copier Agreement has been negotiated pursuant to the provisions of Chapter 143, Subchapter J, Sectioris 143.35?i et seq, Texas Locai Government Cede and entered into or} the date beiow written; end, WHEREAS, the parties to this Agreement are the Houston Police foicers? Union, a non-?profit Texas corporation (HPOU), in its capacity as the sets and exclusive Majority Bargaining Agent for and on behaif at all Police Officers of the Houston Poiice Department (HRD), and the City of Houston, Texas (City); and, WHEREAS, state legisiatioo allows for an orderly and constructive procedure for cities and police personeei to meet and confer regarding the effective and efficient administration of police departments, having mutual regard for achieving and maintaining harmonious working environments and relations, the establishment of expectations of performance and excellence, the development of fair Si'ld equitable standards for wages, bears, and other terms and conditions of employment for police officers, and to provide for equitable resoiutiori of differences which may arise; and WHEREAS, as supervisors and administrators exclusively responsible for management, personnei arid operation of the Hoeston Police Department, the City desires to? voiuntariiy participate in the meet and confer process as an orderiy and effective means to conduct relations with its police officers ii": order to more effectiveiy and ef?ciently provide services to the citizens of this City; and, WHEREAS, state law prohibits public employees from striking or participating in work slow downs, and the HRCU on behalf of ail officers has pledged to support the service and mission of the HRD and to abide by the statutorily imposed prohibitions in a constructive Si?id positive manner by eiso voiuntariiy participatirtg in the meet and confer process; and, Meet Confer Agreement Page w?i? WHEREAS, the City recognizes the HPOU as the sole and exclusive bargaining agent with requisite authority to negotiate contractan terms in compliance with state and local laws; and, WHEREAS, this Agreement, being made under Sobchapter J, Sections t43.351 et seq, of Chapter 14-3 of the Texas Local Government Code, shail become effective and shalt be enforceable and binding on the City, inciudiog the HPD and its administrators, and the HRCU and ail Roiice Officers employed by the City of Houston Police Department, only it rati?ed and adopted by each party in the form and manner required by state and iocal law; and, WHEREAS, the parties have agreed to successfui contracts and contract amendments to date. and, WHEREAS, this Agreement represents the latest and most current Agreement between the parties; and, WHEREAS, the parties hereby agree and adopt this Agreement to supersede the previous Agreements in their totality and for ali purposes; except as otherwise specificatiy stated herein; and, NOW THEREFCRE, in consideration of the promises and covenants contained herein, the parties agree as toliows: ARTICLE 1: DEFINITIONS The following definitions appiy to terms used in this Agreement, onless a different definition is required by the context in which the terrn is used. Accredited College or University A coiiege, university, or institution of higher learning that is recognized by accreditation agencies identified by the United States Department of Education on their website. year a? A period of 365 days used for the purpose of awarding or caioulating benefits payabte to employees, which as of the effective date of this Agreement runs beginning with September 1 through August anrd of Eireotors The governing body of the Houston Police Otticers? Union. Business Day - 8:00 AM. through 5:00 PM. (Centrai Time) on Monday throughFriday, exciuding City approved hoiidays. Note: Ail references to days in this Agreement are to caiendar days unless specificaliy designated otherwise. Meet Confer Agreement Page Chapter 142, 143 - Chapters $42 and/or 143 of the Texas Local Government Code; also includes any reference to any portion of Sections 142.0% et seq or 143.001 et seq, of the Texas Local Government Code. Chief - The Chief of Police of the Houston Police Department or his designee in his absence for any reason incioding disability, City a The City of Houston, Texas, inciuding ali agents, employees, officers and elected officials. Commission The Police Of?cers? Civil Service Commission of the City of Houston. Contract grievance a Any disputes arising regarding any of the terms of this Agreement that may be brought on behaif of one or more of?cers by the MBA or on behalf of the City by the Chief of Police through speci?ed procedures set forth herein. Bepartrnent or - The Police Department of the City of Houston, Texas. Exempt officers rank officers in the HPD who hoid the classification of Lieutenant, Captain, Assistant Chief, or Executive Assistant Chief or pay grades Vil and above. Fiscal Year w- For purposes of this Agreement, shalt be the City?s format budget year, which, as of the effective date of this agreement runs from July 1 through June 30 of each calendar year and is denominated by the calendar year for the last day of the ?scal year (is. July 1, 2015 through June 30, 2016 is FY Hire Bate The anniversary of employment service caicuiated from the date the officer was empioyed by the City as a police cadet or a police officer, whichever is earlier. Human Resources Director (HR Director) in The Director of the Human Resources Department who serves as the Secretary of the Civil Service Commission and is responsible for the implementation of these provisions and compliance with these proceedings. The term {Director inciudes any designee. lndependent Hearing Examiner also referred to as Arbitrator. Leave Balance See Exhibit Paid Time Off. Majority Bargaining Agent (MBA) The poiice employee group seiected pursuant to Sections 143.35?i et seq, Chapter 343, Subchapter J, to represent ail police officers employed by the City of Houston Poiice Department. The poiice employee group elected as the majority bargaining agent is the Houston Police Otficers? Union (HPOU). Upon the effective date of House 2972 of the 77th Session of the Texas Meet Confer Agreement Page Legislature, the HPOU is the acts and exciusive bargaining agent for alt poiice officers empioyed by the Houston Police Department. Mayor The duty elected Mayor of the City of Houston, Texas, as prescribed by the City of Houston Charter. Meet and Confer or Agreement The statutorin created process and procedure to aiiow tor election of a majority bargaining agent that has the sole and exclusive authority to negotiate with a public empioyer concerning wages, saiaries, rates of pay, hours, working conditions, grievances, iabor disputes, other terms and conditions of empioymeat and other administrative matters at interest to police of?cers at the City of Houston as set forth in Sections 143.351 et seq, Chapter t43, Subchapter and A written contractuai understanding of mutually agreed terms of empioynteht conditions, benefits, wages, hours, etc. as adopted and ratified by the City and the Police Officers. Non-exempt officers All Probationary Police Officers, Police Officers, Senior Police Officers and Sergeants. Paid Time Off (PTO) w- PTO is the biweekly accrual of time oft accrued at the rate and the terms specified in this Agreement, including attached Exhibit 8. Police Officer or Officer - All peace of?cers, as currentiy defined in Chapter 143.0036), who are empioyed by the Houston Poiice Department (HPD) now or in the future. The term does not inciude Academy cadets, employees, retirees, Arson Investigators empioyed by the Houston Fire Department, and any other empioyees specificain excluded by the terms of this Agreement. Police employee group a An organization (HPOU, 0830, and AAPOL) in which at ieast three percent of the poiice officers of the City the Houston Police Oepartmerit participate, and pay dues via automatic payroil deduction, and which exists at the time of the execution of this Agreement arid does not cease to exist during the term of the Agi?eement. President a The elected president of the HPOU in its capacity as the MBA. Red Book a The calendar or iedger systems utilized by the respective divisions in the Department to record time off requests, is, PTO, PO Hours, holidays, scheduled in- service training, comp time, etc. Straight time a A wage rate calculation that inciudes base pay and iongevity oriiy. Sworn Cate The anniversary of empioymeot service calculated from the date the officer was sworn in otticiaiiy as a poiice officer with the HPD. Meet a Confer Agreement Page et- TCQLE - The Texas Commission on Law Enforcement. TLGC Texas Local Government Code. Union or HPQU Houston Poiice Officers? Union. ARTICLE 2: RECQG NITIQN i. Based upon the submission to the City of the rosette of an election performed in compliance with Chapter M3355, the City recognizes the HPOU as the sofa and exciusive MBA for all police officers empioyed by the HPD pursuant to Chapter t43.35'i, et seq, except for Assistant Chiefs, Executive Assistant Chiefs, and the Police Chief. This Agreement shonid not in any way be construed as a toss or reduction of any benefits accrued by an Executive Assistant Chief or Assistant Chief under a prior contract. The Phase Down Program shail be construed as a previously accrued benefit. ARTICLE 3: 1. ?This Agreement shail be effective upon approvai by the City Councii, as re?ected by the signature of the Mayor, after rati?cation by the MBA, and shaii remain in felt force and effect until the close of business on December 3t, 2018, unless otherwise provided in this Agreement specifically inciuding but not iirnited to Section 5A below. The parties may amend any part of this Agreement at any time during the term of this Agreement in accordance with the Amendments Article herein. The parties to this Agreement may mutoatiy agree in advance to enter into negotiations on or after January 1, 2018 to amend, renew, novate or extend this Agreement before the expiration date. it the parties have not entered into negotiations or have not come to an agreement as to any amendments or a new contract prior to the expiration date of this contract, either party may notify the other in writing at ieast ninety (90) days before the expiration date that it desires to canoe! the Agreement. if neither party cancels the Agreement before the expiration date, it shalt continue from month to month A. Provided, however, that if the parties do not reach a new agreement by December 3t, 2018, and this Agreement is continuing on a month to month basis, a 2% cost of living increase to base pay wiil become effective on the first fuii pay period after Juiy t, Kit 9. 8. Provided, further that despite the allowance of a cost of iiving increase, nothing in this Agreement precludes the parties from continuing to negotiate a new agreement for a set term. Meet Confer Agreement Page ?5 4: AMENEMENTS 1. This Agreement may not be changed or altered in any manner except by mutual agreement of the parties. The parties may establish Memorandums of Understanding relating to the interpretation and/or appiication of the Agreement. An MOU may not amend or be construed to amend this Agreement. Any amendments of this Agreement shall be in writing, shall contain an effective date, and shalt be dated and signed by authorized representatives of the respective parties. All amendments shalt be ratified in the same manner as provided by state law for original rati?cation. ARTICLE 5: CLAUSE 1. If any provision of this Agreement, or the application of such provision, shoutd be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shalt remain in full force and effect. 6: PREEMPTIQN OF LEGAL 1. Pursuant to Chapter 143.381, this Agreement shall supersede any previous statute or ordinance concerning wages, salaries, rates of pay, hours of work, and other terms and conditions of empioyment to the extent of any confiict with an existing statute, and shall preempt alt contrary City ordinances, Executive Orders and Rules or Generai Orders of the HPD or the Commission. However, to the extent not expressly preempted or superseded by this Agreement, alt rights provided to Poiice Officers by the Fire Fighter and Poiice Officer Civit Service Act, Texas Local Government Code, Chapters 142 or M3, other state statutes, city ordinances, Generai Orders, Executive Orders, rules and/or regolations, including civii service rules, shalt remain in full force and effect unless changed by subsequent legislation, court order or judgment, or Chief or Mayoral action. This Agreement does not supersede any federai laws or the federat jurisdiction of any United States District Court or Court of Appeal. The City agrees not to adopt or impose any city ordinances, General Orders, Executive Orders, rules and/or regulations, including civil service rules that may conflict with the terms of this Agreement. Meet Confer Agreement Page ARTICLE CODRDINATED PROGRAMS Wi'i'H OTHER GQVERNWENTAL BQDIES 1. Upon the effective date of this Agreement, both parties agree to protect and defend the provisions of this Agreement against any unauthorized challenges at tocal, state and national iegisiative levels of government. 80th parties agree to not tile or support any iegisiative effort that effects the terms and conditions of this Agreement, that has not been mutuain agreed to by both parties. in the event any officer covered by this Agreement who is not representing the Union attempts to violate any of the provisions of this Article, he/she shalt be prohibited from utilizing any of the provisions of this Agreement or any other similar statutory authorization that ailews an of?cer to petition a governmental body. 3: MARAGEMENT 1. it is expressly agreed that ail management rights which currentiy or ordinariiy vest in and are exercised by the City/HPDIChief, except those which are cieariy and expressly reiinquished herein by the City/HPD/Chief, shalt continue to vest exciusively in and be exercised herein by the City/HPDIChief. The City/HPD/Chief shail retain powers, duties, and rights estabiished by Constitutional provisions, state statutes, City Charter, City Ordinances or other sources of iaw, and departmentai rules, standing and General Orders and/or instructions or directives, inciuding administrative memos, and shall retain the power deemed appropriate. This shalt include, but not be limited to, the right to: A. Manage, determine, and control the use, location, and delivery of City and/or Departments! services, City and Departmental equipment, take home and other vehicle assignments, property, facilities and City or departmental operations, Department work forces and City or Departmentai affairs, 8. Determine the Department's activities and set forth ail standards and types of service(s) to be offered to the pobiic, C. Ailocate and assign work duties and duty assignments to officers, assign officers to shifts, to determine the number of shifts, hours of work (not to con?ict with Chapter starting time, and schedule ail of the foregoing. The City/Chief retains the right to estabiish, modify, or change any shifts, starting times, work hours and/or work schedules, D. Direct poiice administrative activities, including determination of quali?cations, the right to hire, promote, suspend, discipiine, discharge/indefiniter suspend arid/or transfer empioyees, and to determine the size of the work force and to curtail activity when necessary, except as specificain limited by the terms of this Agreement; the right to set and administer policy regarding wages and Meet Confer Agreement Page fringe benefits, including, but not iirnited to, scope of insurance and City's participation in costs, if any, number of days of vacation, sick ieave, designated hoiidays, and paid time off, and to modify same at its discretion, to the extent not inconsistent with the Agreement. Any force reductions shall be accomplished in compliance with Chapter 143, as modi?ed by this Agreement. E. Determine services and police tasks to be performed and methods, schedules, standards, means and processes of the work, changes, or the institution of new and/or improved methods. F. Adopt and put into effect City and/or HPD rules and reguiations, performance and disciplinary rutes, regulations and penaities for vioiation thereof. The rights listed above are not all inclusive, hut enumerate, by way of illustration, the type of rights which heiong to the City, HPD and/or the Chief; and any other rights, powers, or authority the City had prior to the signing of this Agreement are retained by the City andior except those which are cieariy and specificain reiinquished in this Agreement. ARTICLE 9: EXECUTIVE ASSISTANT CHIEF RANK AND AND CF TC ASSISTANT ANS EXECUTIVE ASSISTANT CHIEF CF PCLICE The Chief of Police may create and maintain an Executive Assistant Chief of Police rank, classification and positions and appoint no more than five persons to such positions as needed at his discretion to prepariy and adequately administer the Department and aliow for effective span of control. Any appointments of persons to Assistant Chief or Executive Assistant Chief positions, Chapter 143.i02 notwithstanding, shall be accomplished without assessment, examination or any other formal rneans of evaiuation, by appointment by the Chief. To become effective, only the approval by the Mayor shaii be required. Appointments may be made from any rank or class of officers in the HPD so long as the appointee meets the minimum and qualifying requirements estaoiished by the Chief for such rank/position. Eligibility for appointment to the rank of Assistant Chief or Executive Assistant Chief, shaii inctude at least a Master?s degree from an accredited college or university (not iimited to a Texas state or private college or university) with a major in any of the arts or sciences awarded through an accredited degree program and at feast ?ve (5) years of service from sworn date with the Service at another poiice department or iaw enforcement agency may not be substituted for any part or ail of the five?year service requirement. Meet Confer Agreement Page u8~ 10: 1. ARTICLE 11: CADET AND PROCEOURE As authorized by ?143.104i, TLGC, the hiring and selection procedure currently used by the to select recruits for the Police Academy shall continue as established on the effective date of this Agreement. HPD is specificain authorized during the term of this Agreement and any extensions thereof to give Civil Service entrance examinations after cadets have completed the Academy training classes. The MBA agrees not to challenge or assert any contrary position whether directly, through participation in litigation (to the extent authorized by law) or indirectly, by encouraging litigation challenging this term of the Agreement. To the extent that the MBA has any pending or active claims or litigation to the contrary, the MBA shall extricate itself from such participation and withdraw it, to the extent allowed by law or contract. UNION PRIVELEOES The shall dedect union dues and other payroll deductions from each officer/member or nonurnemher who has voluntarily authorized dues to be deducted from his/her biweekly pay. The letter requesting union dues deductions shall be signed by the President-ct the Union, or his designee. Any individual member or nonnrnernber of the MBA wishing to voluntarily withdraw his/her authorization for union dues or payroll deductions may only do so by appearing at the HPOU Building and obtaining a dues deduction stop request form from the membership department. The completed dues deductions form shall be acknowledged by the President of the HPOU or his designee. The rnernber or non-member shail then personally deliver the completed and acknowledged form to the Manager of Ctassitied Payroll, Administration and Regulatory Affairs or their designee, with a copy forwarded to the union at the end of each calendar month. The shalt deduct special assessments authorized by the constitution and By?Iaws upon written request of the MBA that is signed by its President or designee. THE CITYIHPO SHALL NOT DEDUCT DUES OR OEOUCT ANY SUM PROVIOEO POR HEREIN UNTIL THE POLICE EMPLOYEE GROUP PROVIDES A OOCUMENT FROM THE OF THE MBA OR OTHER EMPLOYEE GROUP AOREEINO TO DEFEND ANO HOLO THE HARMLESS AGAINST ANY CLAIMS, OEMANOS, SUITS, OR ANY OTHER FORM OP THAT SHALL ARISE OUT OF OR AS A RESULT OF ANY ACTION TAKEN EY THE FOR PURPOSES OE COMPLYING THIS ARTICLE. After the effective date of this Agreement, the City shall wire transfer dues or any other authorized payroll deductions or payments covered by this Meet Confer Agreement Page ?22: Agreement to the financiai institution account designated by the MBA on the same business day as they are deducted from the officer?s city payroii check. The MSA is aiiowed to post only genera! membership or union notices and announcements on the designated bulletin boards provided by the Department at each division at the decentraiized stations and at each division at HPD Administrative Headquarters. The builetin boards are provided as a courtesy and convenience for announcements affecting members, such as recreation and sociai events, meetings, eiections, reports of activities, shared information from other law enforcement organizations, laws and judiciai decisions affecting pubiic employees, and are not intended as an open forum for opinions, commentaries, letters, or other written communication. A. Any matter posted on the buiietin boards must cieariy identify the author and may not violate any General Order or include any disparaging, discriminatory, defamatory, or derogatory expressions, terms, comments or depictions, caricatures, or drawings whether generalized as a group/race or directed towards any speci?c person(s), ethnic/raciallgender/religious groups, or the department that wouid create any factionalism, friction, dissension or disruption in the work order and flow. B. Any item to be posted on the bulletin board must have the prior approval of the Chief which shail be granted if the specific requirements of this provision are compiied with. Any item posted that is not in cornpiiance with this provision shalt be removed immediateiy at the Department?s request. Any violations may void the privilege and opportunity to post any matter in the future, even if it compiies with all the requirements. Upon the effective date of this Agreement, the City shalt amend the department?s personnei information form to inciude a provision that would enabte all officers covered by this Agreement to authorize the reiease of information contained on the form to the MBA. MBA GROUP LEAVE TIME POOL in the first fuil pay period in September of each year, the department shail deduct two (2) hours from each officer?s Paid Time Off (PTO) accumulated bank of time with a cash value and credit the time deducted to the MBA Union Business Leave Pool The donated time wilt be utilized by the MBA to conduct union business associated with the administration, representation, and protection of this Agreement, the MBA, and the {Department A. The donated time be utilized by the President and up to tour designees who have been approved to ieave under the provisions of this Agreement. Meet Confer Agreement Page 40?- ARTICLE 13: 1. B. Additional approved members of the Union may also be aliowed by the Chief to utilize donated time that is available under the provisions of this Article. The Chief of Police reserves his existing authority to temporarily revoke the utilization of banked time by an officer representing the MBA during deciared emergencies or when use of such time would create an undue disruption of police services. The MBA president or his designee shalt notify the Chief of Police in writing prior to the start of each calendar year of the names of the MBA representatives who will be authorized to conduct union business on behalf of the MBA. The Chief of Police may approve any changes to the annuai list of officer-s by the MBA after the beginning of each calendar year. During the month of July of each year of this Agreement, an of?cer may elect to cancel his donation of time to the MBA by personally appearing off duty at the MBA office and completing the forms, in person. A. The MBA will deliver a copy of "the ieavetime pool withdrawal forrn ?ve (5) business days after submission of the form to the City?s designee Ali donated time in the MBA Union Business Leave Pool that is not utilized in the benefit year in which it is donated snail he carried over to the next benefit year leave pool. If the MBA determines that suf?cient time exists in the MBA Union Business Leave Pool, the president or his designee may temporariiy hait for a time certain the continued deduction of donated time from all officers. in the event the MBA is unable to accumulate a sufficient amount of donated time necessary to conduct union business, the MBA may be required to reimburse the city for approved MBA representatives conducting union business. A. The rate of hourly pay for any such reimbursement snail be based on median rate of pay of a poiice officer and shail be placed in the Houston Police Department's budgeted overtime account. It is expressiy agreed that no provision of this Agreement shall be construed or impiemented in a manner so as to discriminate against any of?cer for any reason set forth below: A. Any officer is free to join or participate in any police employee group of his/her choosing or to not beiong to any police empioyee group and still be fairly represented in this Agreement. The City and the MBA shall not discriminate for or against any officer on the basis of membership in an Employee organization. Meet Confer Agreement Page 41? ARTICLE 14: 3. ARTICLE ?35: S. HPOU recognizes its responsibility as the exciusive MBA under the meet and confer statute and agrees to fully compiy with the iaw and this Agreement, by fairiy and tally representing at! police of?cers in the department so long as they are covered by this Agreement. HPGU AGREES TG THE AGAINST ANY AND ALL, CLAIMS, DEMANDS, GR GTHER 0F THAT MAY ARISE GUT GE GE EY REASGN 0? ANY TAKEN BY THE HPGU 1N VIOLATIGN GE TRAINING AND TRATNING Department mandated training witi be conducted for ail Officers. Additional on~daty training may be approved at the discretion of the Department. The annuat TCOLE required firearms qualifications tor an officer?s primary handgun shail be conducted off-coty. Any Department required remedial ?rearms training witi be conducted on-duty, The MBA may present a core curriculum iesson plan for ail HPD pre-service training and iateral entry ctasses in cooperation with the Division Commander of the Academy, or his designee, and instruct cadets regarding the police labor and tegisiative history of our department as well as expiain the current meet and confer contract benefits and provisions, exciuding the provisions of the Houston Poiice Of?cers? Pension System Meet and Center Agreement. MBA PARTICIPATIGN 0N COMMITTEES The MBA may seiect one member and an alternate to participate on the HPD Crash Review Board, Administrative Disciptine Committee, and the Divisional Administrative Disciplinary Committee, to be appointed by the Chief. Any other appointments to HPD standing committees shall be at the sole discretion and invitation of the Chief, The MDA may also setect one member and an alternate to participate on other official standing committees of the City whose decisions affect of?cers and/or their benefits such as the Heaith and Benefits Advisory Board at the appointment of the Director of the Human Resources Department. This does not apply to any committee in which the membership is restricted to appointments of the City or the Mayor and any other authorities or entities. The MBA shall recommend to the Mayor poiice officer nominees for any city committee positions that are restricted to the appointment of the Mayor, however, the final decision regarding which police of?cer (if any) is appointed shail remain exciusively with the Mayor. Meet 8: Center Agreement Page ~42? 16: 1. ARTICLE 17: 1. QF STANEARDS ANC EENEFITS All rights, priviteges and working conditions enjoyed by officers under existing federal and state laws on the effective date of this Agreement shat! remain in effect and unchanged for the duration of this Agreement unless changed by this Agreement, mutuat consent, iegislative amendment or judicial decree. More specificaily, these include, but are not limited to: A. obligation to supply uniforms and rotated accoutrements; Clothing allowances for those assignments currently receiving them; C. Breaks and meattimes as part of the eight hour shift; [3 All special and other speci?ed pay rates set forth in Chapters 142 or 143 of the Texas Local Government Code, as welt as City ordinances; Court attendance requirements and compensation for attendance; Current poiicy, practice and procedures on injury on duty teave and its application to a second year of leave; and, G. Current extra job poticy with respect to the maximum number of hours that may be worked. Those programs in place and in effect at the time that this Agreement is duly ratified and adopted shall continue to be maintained, provided that speci?c reference to a particutar program is included in this Agreement, and provided further that any ciarifications, modifications, or and/or amendments to the program shalt estabiish the basis on which the program shalt be administered. LABOR RELATIQNS Purpose. The parties acknowledge that a harmonious working relationship is essentiat to the success of this Agreement, and the first basic tenet of such a working reiationship is cooperation and mutuai recognition of each others positions with regard to issues that affect officers. A. To such and, a Labor Rotations Committee or ?Committee?) shalt continue as previously established to mutualty expiore such issues and seek joint recommendations for resotutions to problems that may arise in the workplace. 8. The Labor Rotations Committee is meant to establish a more format and institutionalized mechanism for reciprocal exploration of workpiece issues in a positive manner. This forum is not for purposes of embarrassment or castigation of one party by the other. Moreover, this cooperative and mntuai working rotationship is advisory only and not meant to suppiant management initiatives, prerogatives and decision making authority. Meet Confer Agreement Page =13- C. Neither the Chief, nor the nor the City is bound to impiernent any resolution recommended by the Committee, except as specified to in other Articles contained in this Agreement. Structure and membership. The Committee shall continue to consist of ten members. There is no quaiifi?cation fer appointment other than employment by HPD. Five appointments each shall be made by the Chief and the President of the MBA. Removai and appointments shalt be at the sole discretion of the appointing party at any time. Meetings. The Committee shaii meet regutariy at least at an agreed upon date, time and iocation, oniess agreed otherwise by the Chairperson and the President of the MBA. Speciat called meetings may be held in the interim at the cali of the Chief and be limited to issues requiring speciai consideration. A quorum is not required for action to be authorized by the Committee. The meetings are not public or subject to the Texas Open Meetings Act. Each meeting shalt be conducted by a Facilitator, designated at the previous month?s meeting (on a rotating basis between the MBA and the City) who shall cail the meeting to order and facilitate the conduct of business on the Agenda through agreed upon rules of order (Robert's. etc). Items to be placed on the agenda shail be forwarded via the Chief to the designated Facilitator at toast seven days before the regular meeting so that relevant data, documents, and information may be assembled in time for the meeting and forwarded to the members of the Committee ahead of time. A. The business of the meeting shall be conducted informaiiy in an atmosphere conducive to the open, candid and constructive discussion of issues. B. To the extent that any public entity may have con?dentiai information, Committee members shail respect the (lawful) confidentiality of information and documents which may from time to time come before the Committee and shall not disclose information, documents or other information to anyone outside the City/Hint) unless prior authorization is given by the Chief. All such documents or other materials shaii be marked ?Confidentiai Disclosure Restricted.? C. in keeping with the open and candid discussion, every member of the Committee shalt be furnished with alt reievant documents or other information necessary for fuil consideration of any issue on the Agenda to the foilest extent aliowed by law. Additionai related documents and information may be requested, but wilt only be provided, if relevant and at the discretion of the Chief. Such additionat information shall be generaliy provided unless a legitimate business exclusion (such as threatened or pending litigation, pending administrative decisions, etc.) prohibits such disciosure. Meet Confer Agreement Page =14- 6. The Committee shall be responsible tor the foilowing: 1. Making recommendations on issues that affect officers; 2. responding to requests for input from the Chief; 3. proffering issues that affect the health and safety of of?cers; inciuding but not iirnited to equipment, working conditions, etc, 4. selecting arbitrator/mediators for contract grievances; 5. selecting grievance examiners for Step grievance hearings; 6. appointing the seiections made by each party and estabiishing the rotationai order of independent hearing examiners; 7. estabiishing rules and procedures for adoption and approval of the 8. identifying and suggesting ways to improve the effectiveness of poiice of?cers, increase professionalism and develop pride in the poiice services of the City of Houston; 9. developing a rotating police memoriai master schedule; 10. developing and estabiishing the mentoring responsibilities for entitlement to Mentoring pay; it. reviewing and approving officers eiigibie to utilize the Convalescent Officer Leave Pool consistent with the City?s existing policy; 12. deveioping and approving (by twothirds vote) a new Physical Test (PAT) if requested by the Chief; and, 13. any other tasks delegated to the LRC in the Agreement. items that may not be discussed are personnei or disciplinary issues affecting any individual officer, confidentiai medical or disability information relating to an officer (unless written authorization is provided by the officer), individual drug or alcohoi tests or resoits, or items specificain charged to other Committees, (eg. strategic pianning, etc.) oniess the Chief speci?caiiy requests or agrees that the matter should come before the Committee. The Committee has no investigatory powers or duties. No individual member of the Committee may request information for purposes of conducting individual or ooilective investigations of any issue or use his/her membership on the Committee to directly represent or impiy authority to conduct an investigation of any kind. Pubiic Records. Because the City/Department is a iocai government agency, any records or documents created by the Committee are subject to the Texas Pubiio information Act and may be disclosed to any requester upon written Meet Confer Agreement Page ~15? ?28: request through established departmental procedures unless there is an exception to the Act, which requires or aliows for nonadisclosure. Consultation With Experts. The MBA may consuit with one or more experts, nationai associations or organizations or any other law enforcement related entities for purposes of advice, counsel or recommendations on any issues that may properly come before the Committee. Arty such consuttations shaii he at the MBA's soie expense, behest and behalf. A. The MBA may not state in any form or manner that it represents or is authorized to contract on behaif of the City, the Chief, or the HPD. B. The City does not expressiy waive any priviiege. No confidential information may be provided to any third parties (experts, consuitants, organizations, etc.) without the express written authorization of the Chief. Work Time Compensation. Members of the Committee, representing the Union, shall be aliowed time from their reguiar duties to attend Committee meetings or other of?cial Committee business but must MBA Union business ieave poo! time. Members of the Committee, who work evenings or nights, be ailowed to scheduie shift changes to aiiow the member to attend meetings on duty time. Overtime shat! be authorized to attend Committee meetings or other Committee business at the discretion of the Chief for members eligibie for overtime. Attendance at any other activity that is considered official Committee business, other than Committee meetings, shaii require the authorization of the Chief. MlNif?Uf? ELIGIBILITY REQUIREMENTS AND CQNEITIQNS FGR EXAWNATICN 1. Police of?cers shalt not be eiigibie to take the promotionai examination for the rank of Sergeant until they have compieted at feast 4 1/2 years of service caiculated assess days from sworn date to the final sign?up date. The service period caicuiation excludes all temporary suspensions of ninety (90) days or more. Before a classi?ed employee may participate in any phase of the promotional examination process, the employee must have continuous service at the current rank for two years immediateiy prior to the finai sign~up date for participation in the promotionai process, caicuiated from the date of the vacancy which the candidate fitted. The service period caicuiation excludes ali temporary suspensions of ninety (90) days or more. As a condition of eligibility to take the promotional examination for Lieutenant, candidates for promotion must have obtained an associate?s degree or higher, or 65 hours of coursework (exciuding credit granted for fife experience or training hours when no degree has been conferred) from an accredited coilege Meet Confer Agreement Page ~16? ?39: or university prior to the final sign??tip date. Proof must be provided by the date indicated in the exam notice. As a condition of eiigibility to take the promotionat examination for Captain, candidates for promotion must have obtained a bacheior?s degree or higher from an accredited cottage or university prior to finai sign-up date for the promotional examination. Proof must be provided by the date indicated in the exam notice. PROMQTIQNAL PRQCESS The parties each agree that this Article has been created with the joint goal of implementing promotional processes that avoid empioyment practices which discriminate or result in discrimination on the basis of protected class, are consistent with appiicable legal standards, and are consistent with vaiidation standards generaily accepted by the profession. Section 1. LRC Test Subcommittee For each promotional exam, the Labor Relations Committee shalt appoint a Test subcommittee of no more than eight members with four members each selected by the and the MBA respectively. A. Members should be of at least the rank being tested or higher and have at least two years in the rank. 8. Membership of the subcommittee shootd be as balanced as possible as to gender, race, age, rank, etc. members must vote either in person or by proxy for selection of the vendor. C. Any tie vote or impasse on an issue of the subcommittee shall be broken by a vote of the Labor Relations Committee. Whenever an independent vendor or other qualified test deveioper is expected to be seiected to administer and/or develop a promotionai examination, the LRC shaii be responsible for reviewing all bids and recommending a vendor(s) to the Chief. The Test subcommittee shail be responsible for monitoring testing and assessment procedures, determining a course of action whenever a procedural question arises, oniess otherwise speci?ed by the Agreement. The Test subcommittee shall review appeais of the written exam. The decision of the Test subcommittee shall be final. Meet 8; Confer Agreement Page ~17? Section 2. t. 2. Section 3. 1. Examination Notice Examinations shalt consist of written and assessment components. Notice of the examination is suf?cient it posted prior to the ninetieth (90th) caiendar day before the scheduled date of the examination. Exam study sources shalt be posted between forty-?five (45) and fifty (50) calendar days before the scheduled date of the exam, excluding the exam date and the announcement date. Notwithstanding any requirement of the TLGC, at the time the test is announced, the Chief need not declare the number of existing and anticipated openings to occur over the life of the list. Candidates shaii be required to sign up to take the examination and to verify eligibility and supplementai points and to abide by other procedurat regnirements according to the terms speci?ed in the notice of the examination. Candidates who faii to comply with the requirements as noticed not be permitted to take the examination. The actual date of the examination may be reschedaied for up to sixty (60) days in the event of circumstances beyond the City's controi, including but not limited to, extraordinary weather events or other emergencies, or loss of test venue. in the event of a reschedoiing, no further notice of the examination is required other than the new time, place, and date of the rescheduled examination, notwithstanding Chapter 143.029 and i43.107. Notice shalt be provided at least thirty (30) days prior to the rescheduied examination date, unless otherwise approved by the LRC. The written examination component shalt be administered before the assessment center. The City may schedule exams at its discretion so that examination of candidates does not impose operationai or financial burdens upon the Department. Examinations, orientations, and appeais mast be conducted on the of?cer?s oft duty time. Exam Source Materials The Test subcommittee snail be responsible for recommending exam sources to the Chief of Poiice including those suggested by the test deveioper. The Chief of Police wilt make the tinal decision regarding sources. Meet Center Agreement Page =18? Section 4.. 1. Section 5. 1. No more than three source materiais that are rotated to the job duties and responsibitities of the rank are to be tested. For purposes of this section ?three source materiais? may inciude, but are not limited to, any combination of the foiiowing: 1) City poticies/ Department poiicies I General Orders; 2) this Labor Agreement; and, 3) professional publications, which cooid include a textbook or a compilation of professions! articles. MBA Observation Process safeguards shalt be implemented by the test administrator to identify and correct technical problems at their earliest possible instance and to manage, with the input of at least one (1) MBA representative and one Department representative, such technological complications in a systematic and fair approach. Prior to scoring by the assessors, the ?Test subcommittee shalt be responsibte for determining whether to score an assessment exercise in the event an exercise must be eliminated. Both the Department and the MBA shalt each be entitied to have one observer present during the administration of the Assessment Center, but shaii not be permitted to observe any candidate's actual assessment exercises. Observers shait be subject to the security and safeguard procedures as determined by the test administrator and may be ejected by the test administrator for non-acompiiance with the same or for othenmise disrupting the assessment. Both the Department and the MBA shalt each be entitied to have one (1) observer present during any meetings with and during the training of assessors. Written Exam Prior to and after testing, the tinaiized examination shalt be kept in a safe and secure manner by the test devetoper. The written exam component shall be graded immediately and a written score provided to the participant immediater whenever practicabte, but not more than 48 hours after the exam. A pie-appeal list of test scores shati be prepared and posted in a conspicuous place as identified in the exam notice. Any officer who has taken a written promotional examination may review his/her examination results and tits on appeat of any question(s) on the test and/or a rebuttai of any other candidate?s appeai to the Test subcommittee. Meet Confer Agreement Page ?19- Section 8. i. A. Candidates for Sergeant must appeal and rebut within ?ve (5) business days after the day of the posting of the pre~appeai list. 8. Candidates for Lieutenant most appeai and rebut within four (4) business days after the day of the posting of the pro?appeal iist. C. Candidates for Captain must appeal and rebut within three (3) business days after the day of the posting of the pre~appeai list. Ail appeals and rebottals shail be filed with the Test subcommittee at the location designated in the exam notice. The appeals wiil be given to the test developer who shall respond to the appeal(s) and rebuttai(s) within five (5) business days and make a recommendation for a resolution of the question at issue to the Test subcommittee. Within five (5) business days after receiving the test developer?s response, the Test subcommittee shall determine the action to be taken, it any, on the question. The decision of the Test subcommittee shalt be final. Following the Test subcommittees determination, a Preiiminary List of test scores shaii be prepared and posted within three (3) business days in the location as provided in the exam notice. Assessment Assessments shail be used to test the knowiedge, skills, and of the candidates. The test devetoper shall establish assessment criteria using principles of validity. Assessments shall be video recorded for scoring purpose, atthough in the event of technical dif?cutties that impair the video recording, but do not impair the audio recording, then the audio alone wiil be scored. The test administrator shail conduct assessments in the foiiowing manner: A. Sergeant: The candidates shaii be ranked in order of the highest ranked test scores on the written exam. The top 250 candidates on the Preliminary List shaii be eligibie to be assessed ?rst, regardiess of score. Tie breaker protocols as described in this Article shail appiy. Additionai assessments may occur in groups of candidates in order of the Preiiminary List. The Department may eiect to assess rnuitiple bands simultaneously as long as the bands are ranked separateiy. B. Lieutenant: candidates shall be eligible to be assessed. Meet Confer Agreement Page ~20~ 0. Captain: all candidates shalt be eligible to be assessed. The Department may require candidates to sign up for assessment prior to the assessment date in order to verify attendance at the assessment. Assessors shaii score the assessment without regard to the candidate's race, coior, gender, ethnicity, religion, age, sexual orientation, genetic information, gender identity, pregnancy, nationai origin, or other iegally protected characteristic. Each assessor shall receive written and oral admonitions regarding this point prior to commencing assessment scoring. The assessment may inciude a variety of exercises inctuding, but not limited to the toiiowing exercises: in~Basket; Problem Sciving/Anatysis; Oral Resumes/Structured Interviews; RoiePlaying Memo/Report Writing; Oral Presentation/Plan Preparation; Staff Meeting; Special event/Operations; and, Others as they are established and determined to be reasonapiy valid predictors of job {stated characteristics. The test developer is not required to ail of the exercises above, but may select the exercises or combine the listed exercises into one or more exercises that are best suited for the particuiar rank. The test deveioper shall also seiect the assessors to grade the assessment component who shail meet the toilowing criteria: Equivalent rank to the promotion, or above, with service from cities with a population of 200,000 or greater; Shail not reside in the Houston Standard Statisticai Area; Shaii not be reiated to any candidate for promotion; Shall not be personain known to any candidate for promotion; Shall have at ieast two (2) years of experience in the rank being assessed or an eguivatent rank; and, Shall not be a current or former empioyee of the City of Houston, HIDE), the MBA or any other HPD empioyee group. mane a The test developer shall conduct one or more orientation sessions for candidates prior to administering the assessment. Attendance at the orientation is strictiy voluntary. Meet Confer Agreement Page ~21? Section T. 1. Section 8. t. 2, A. Candidates eligible to be assessed shalt be permitted, at their request, to attend one orientation session off?duty. Efforts should he made, and schedoies changed if necessary, in order to allow offuduty attendance at orientation. 8. Those of?cers who are working a shift just before the orientation shall attend in their off?duty time, but shaii be permitted to use appropriate leave for time off to rest in advance of the orientation. Nothing in the assessment process may be appealed either to the Commission or to District Court. The final Assessment Center grade reached pursuant to this subsection shail be final and shall not be appealable. Review of Exam Motorists After the approval of the tinal officiai rank order eligibility list a candidate may review only his/her own written exam and recorded assessment: A. No copies shail be provided, nor shall an individual copy or attempt to copy the recording by any manner; 8. No candidate may view or copy another candidate?s recording or examination grading; and C. No candidate may have any other individual present during the viewing session. Any other right of access to exam material afforded by Chapter 143 is hereby preempted. Finai Scores The written examination shah beno more than 100 questions. The test developer shaii determine the point value for each exam item, provided that the points availabte for the written examination shail be one hundred (100) points and the points avaiiable tor the assessment components shalt be one hundred (100) points. if any written exam question is eiirninated each candidate will receive felt credit for the eliminated test item. The exam components during the term of this contract shail be weighted as foilows: Meet 8: Confer Agreement Page ?22- Rank Written Assess Score SGT 50% 50% 100 50% 50% 50% 100 50% CAPTAIN 40% 60% 100 40%; 100 60% After adding the final written examination score and the assessment score, the vendor shall add the supplemental points, as described below, to create a tinai officiai rank order eligibility list, The maximum a candidate can score is 113 points. The City will post a final official rank order eligibility list pending certi?cation by the Commission. The final of?cial rank order eligibility list shalt then be forwarded to the Commission for certi?cation. The Department snail accept documentation of supplemental points up to, and including, the date of the written test. No proof of supplemental points will be accepted after such date. Candidates who do not provide documents required for supplemental points or do not timely provide such documents will not be awarded suppiemental points, Seniority, education and military points shall be calculated as of the date of the ?oat signwup for the promotional process. A maximum of 13 suppiemental points shalt be awarded as follows: A. Seniority Points to a maximum of l0 points; 7 point per completed year of classi?ed service from Hire Date; and 8. Education Points to a maximum of 3 points: 1 point for a Bachelor?s Degree, or 2 points for a Master's Degree, or 3 points for a Doctorate Degree; or C. 1 Military Point (bot not both Education and Military) for minimum 24 month?s service or honorabie discharge from the United States Armed Forces or National Guard. Honorabie Discharge from United States Armed Forces or National Guard must be re?ected on {353214, or proof of active US. Armed Forces reservist or active National Guard Service reflected by unit assignment orders. Any tie scores shall be broken by the tie?breaking procedures as follows in descending order: A. On the basis of seniority in rank; B. On the basis of seniority, calculated from employee's Hire Date; C. By overall cadet class ranking; Meet Confer Agreement Page ?23- D. Alphabeticaily, using the last narce of the empioyee. Section 9. Promotional Lists and Appointments 1. For all promotionai examinations, a final, official rank order list shall be created in accordance with Chapter 143 of the TLGC, as amended by this Articie, and shaii be certified by the Commission. 2. Eligibility lists shalt remain in effect for two (2) years beginning on the date of the administration of the first exact component. Eligibility lists shall expire at 11:59 pm. central time on the test day of the two (2) year life of the list (for exempts: Written exam component given on January 1, 2012, List expires on December 31, 2014, at 11:59 pm). 3. Promotions snail be made from the final eiigibility list in effect at the time a vacancy occurs. 4. The 60 and 95 day provisions of Chapter 143 for promotions from vacancies with and without an existing list respectively shall remain in effect unchanged. A. No back pay shalt be awarded where a delay occurs in filling a promotion due to a delay in assessment or as a result of an appeai of the written test questions, 9, Back pay eligibitity shalt be unaffected by bypass procedures. Section 10. Captain Promotions The parties agree to negotiate in good faith during the next contract negotiation to consider adding an additional component to the Captain?s promotional process. Section t?t. Effective Cats The above provisions of this Article become effective upon ratification of this Agreement and apply only to those promotional examinations that are announced after the date of rati?cation. lists in effect at the time of rati?cation shaii be unaffected by any timeiine or process altered by this Agreement. Section 12. Preemption. To the extent that any provision of this Articie conflicts with or changes any provision in Chapters 141, i42 and 143, inciuding Sections 143.029, 143.030, 343.032, 143.033, 143.036, 143.107, 143.108, of the TLGC, or any other statute, executive order, local ordinance, or rule, this Articie shall supersede such provisions, as authorized by Chapter t43.36t of the TLGC. Meet Confer Agreement Page "24? ARTICLE 20: 1 . BYPASS Chapter t43.036 TLGC are hereby incorporated by reference; but is hereby preempted by the specific terms of this Article reiated to bypass decisions. As to Captains, the following seiection protocols shalt appiy: A. The Chief may fill a Captain vacancy from the top five (5) candidates of a certified iist. B. The standard of review for a bypass exercised in a Captain?s iist is ?just cause? 1. The statutory provisions of TLGC to the contrary are hereby overridden by Agreement. C. If a bypassed candidate chooses not to appeai the bypass, that candidate snail retain his or her position on the certified iist for as long as the list remains active and the candidate has not been bypassed five times. D. If the candidate chooses to appeal a bypass, and the Chiefs decision is sustained foliowing the appeal process, the officer shaii be removed from the list at that time and no ionger eiigibie for consideration off of that list. As to Sergeants and Lieutenants, the foilowing selection protocoi shall appiy: A. The Chief may fill a Sergeant or Lieutenant vacancy from the top three candidates of a certified iist. B. The standard of review for a bypass exercised in a sergeants or iieutenant?s list is ?just cause?, i. The statutory provisions of TLGC to the contrary are hereby overridden by this Agreement. If an iist exists on the date a vacancy occurs, the Chief must exercise the bypass authority over the promotional candidate no later than the 60?? day after the vacancy occurs, If an eligibility list does not exist on the date a vacancy occurs, the Chief must exercise the bypass authority over the promotional candidate no later than the 150?? day after the vacancy occurs. If a candidate is advised by the Chief in the bypass ietter that he/she is being bypassed more than once and the candidate desires to appeai the bypass decision by the Chief, there shalt be only one appeal even though the bypass ietter may contain more than one bypass actions The above iisted bypass provisions shalt apply to any promotionai iist certified after the ratification date of this Agreement. Meet Confer Agreement Page =25? ARTICLE 2?1: 1. CLASS AND OFFICERS Ciass Of?cers have been converted to the ?Class position configuration. Any former Class personnel transferring out of their current assignment within the Houston Forensic Science Center or non?uniform administrative assignment within the HPD to a petroi or investigative function shalt adhere to the fotlowing: A. Police Officers and Senior Police Of?cers (former Ciass 8 Identification Officers and Master Identi?cation Of?cers) and Sergeants (former Ciass Senior identi?cation Officers) desiring an assignment to a uniform or investigative division must also successfuliy compiete the appticabie ?eld training program and any other departmentaiiy mandated selection process. Lieutenants (former Ciass Deputy Administrators) witl be assigned at the discretion of the Chief of Poiice, based on the Chiefs assessment of the overall needs of the department. Any of?cer previously classi?ed as a Ciass Poiice Of?cer, Senior Police Of?cer, or Sergeant who does not complete the Field Training Program, or for whatever reason does not successfully complete the Field Training Program, shati not he showed to transfer to an operational ?eid assignment in patrol or investigations, untess authorized by the Chief of Poiice, or the Chiefs desighee, The parties acknowledge that the time it takes to transfer an empioyee will be governed by the hiring and training processes, both of which shouid be done as effectively and efficiently as possible, Any former Class personnel promoting to the next higher classi?ed rank will adhere to the following: A. Officers promoting to the rank of Sergeant will be reassigned within the HPD for a minimum of one year wherever a current vacancy exists. Sergeants promoting to the rank of Lieutenant will be reassigned to a position within the HPD organizational structure at the sole discretion of the Chief of Police for a minimum of one year. Lieutenants promoting to the rank of Captain wiil be reassigned to a position within the HPD organizationai structure at the sole discretion of the Chief of Poiice. No employee wit] be altowed to remain within the HFSC upon promotion, uniess approved by the Chief of Police. if a classi?ed position of the same rank becomes avaiiabie within the HFSC and the empioyee has compieted the minimum assignment period stated Meet Confer Agreement Page ?26 22: 1. ARTICLE 23: above, then the employee may appiy for the position and return if selected to the vacant position. Positions limited to Ciass of?cers shail be civilianized through attrition. All current Class officers shalt continue to enjoy promotionai opportunities afforded under Chapter 143. This provision, if the need arises, wilt specificaliy authorize the number of promotionai candidates to be less than three (3). DEPARTMENT MANAGERS Departmentai Division Commanders shall hoid a minimum rank equivalent to Captain of Poiice. The foliowing existing units may nonnciassitisd tuft?time empioyees of the department to serve as unit or division managers, such as: ADP, Legal Services, Jaii, Planning, Services, Records, Fleet, Property Division, and Technology Services. All other divisions and units currently supervised by classi?ed of?cers shall remain under the authority of the Department and supervised by classi?ed police officers. Any licensing fees or fines currently collected by the Department shall remain in departmental accounts. Ciassified personnel working within these divisions/units are subject to being supervised by civilian personnel as it reiates to non?police related matters, Classi?ed officers assigned to the above listed divisions shall not be directed by a civilian manager as to any police related matter where the police of?cer is required to use his authority as a poiice officer to accomplish the assignment. Ali police related matters, orders, or directives to subordinate classi?ed members of any division shall continue to be handled or issued by other classi?ed members of a higher rank. A. Further, TLGC is hereby modified to the extent that any classi?ed officer of any ciassitication may report to a higher ranking classi?ed officer of any classification. TRANSFER CE CERTAIN FORENSIC FUNCTICNS TC HCUSTCN FORENSIC SCIENCE CENTER 1. Employees who report to the Houston Forensic Science Center shaii be treated consistentiy with the interlocal Agreement between the City of Houston and the HPSC in effect at the time at the ratification of this Agreement, Positions within the HFSC can be designated as civilian or classi?ed and the following appiy: Meet Confer Agreement Page ~27? A. Positions wilt remain titled by existing classi?ed personnel until such time as the person voiuntariiy vacates the position, is promoted, or is removed from that position on a for cause basis. B. Upon becoming vacant, the management of the forensic operation can opt to convert that position to a one or ieave it as a classified position. 3. Any ciassified person working in a forensic position may be subjected to being supervised managed by civitian forensic supervisors rnanagers working within the forensic operation. A. The nature of the forensic operational supervisory management is restricted to direction involving how forensic responsibilities are to be performed and who wilt perform them. 1. Eirection regarding when forensic responsibilities will be performed shocid primariiy be determined by the forensic supervisor I manager; 2. Direction regarding what type of evidence wiil be coilected at a scene wit! be governed by the on scene criminal investigator, B. When the need arises, ciassifted investigators and supervisors managers and forensic personnei (classi?ed and civilian) shooid work together to avoid confusion when directing forensic employees at the scene of a criminai incident. C. forensic supervisors managers do not have the authority to direct ciassified personnei, not assigned to the forensic operation, at crime scenes. D. Civilian forensic supervisors managers will also be responsibie for HFSC administrative responsibilities associated with ciassitied personnei working within the forensic operation. it. The Chief may designate classified led entities within the Department to be responsible for ciassified administrative requirements, including but not limited to, internai affairs investigations, mandatory in?service training, job performance ratings in consultation with tit-"SC supervisors, grievances, integrity checks, notification of drug testing, extra employment, and tracking in HPD personnel systems such as PPS, SAP, KRONOS, PPE, LMS. dances as: sec semen 1. Houston Emergency Communications (HEC) Center. The HEC Center wiil continue the civilianization process, but will continue to maintain Houston Police Department Command Controi and Oversight over the dispatching of poiice calls for service. Meet Confer Agreement Page ?28- 25: 1 . The Houston Police Department maintain a classified presence in the HEC Center at all times. Communications Management - Class Officer. In addition to the provisions of the. Meet 81 Confer Agreement. the Chief of Poiice may direct the highest Ciass officer to report to and be supervised by a non?ciessitied member of the Department. SYSTEMS AND ERQCEEURES POLICE CinL SERVICE The City shall continue to maintain and utilize the previously established Poiice Otticers? Civil Service Commission The POCSC shalt continue to succeed to ail the authority, responsibilities and duties previoust reposed in the Fire Fighters and Potice Officers Civit Service Commission for the City of Houston as it relates to Police Officers. The POCSC wilt have jurisdiction, some concurrent with lHEs, over appeais of disciplinary actions, Step iv appeals of grievances, and ail other duties associated with the classification system, promotional system, and medicai and (fitness for duty) separations, set out in the City Charter, the Code of Ordinances, and Chapter MS, TLGC. All disciplinary appeais from temporary suspensions of one or two days and/or written reprimands are exclusively within the jurisdiction of the POCSC, except as specificatiy otherwise provided in Chapter 143.129, as may be amended. A. The LRC shall have the exciusive authority to amend and implement revisions to this section. members of the LRC must vote either in person or by proxy for any proposed revisions to this Artists. The Police Otiicers? Civil Service Commission shall be composed of a minimum of twelve and a maximum of fifteen commissioners. A. The Mayor of the City of Houston snail appoint the members of the Commission. 8. Members wili serve three year terms or a term concurrent with the duration of this Agreement, whichever is shorter. C. if a vacancy occurs or it an appointee tails to duaiify within twenty calendar days after the date of appointment, the Mayor shall appoint another person to serve for the remainder of the unexpired term. D. A person appointed to the POCSC must meet the foiiowing minimum quaiifications: i. Se of good moral character; ii. Be a United States citizen; Meet Confer Agreement Page ?29- vi. vii. Be a resident of the City of Houston or live within 30 miles of the City limits; Be at least 30 years of ago; Not have held a municipal public ottice within the preceding three (3) years; Not have been an employee of the City of Houston or the Union within the preceding ten (t0) years; and, Not have a direct conflict of interest with the Union or the City of Houston (Note: A iawyer employed with a firm of over thirty (30) licensed attorneys wili not be disquali?ed or considered to have a con?ict of interest just because someone in his/her firm represents the Union or the City). No previous member of the Fire Fighters' and Police Officers Civil Service Commission for the City of Houston or the Municipal Empioyees Civii Service Commission for the City of Houston is eligible to serve on the The POCSC wiil be an autonomous and Commission of the City of Houston. independent The City's HR Director shall serve as the Secretary of the Commission to administer this procedure in accordance with these provisions and state and iocal law. At the first calied meeting of a newly appointed the initial Commissioners shalt eiect a Chair and a ViceChair who shall serve one year terms of office. Each January thereafter, the Commissioners shaii elect a new Chair and Vice-Chair. A. At the same meeting, in the presence of a representative of the MBA and the City Attorney?s Office, the HR Director wilt randomly draw the names of the Commissioners to create a roster of Commissioners numbered from 1 through the entire compliment of appointed Commissioners. Once established, this of?cial roster of PCCS Commissioners will be used to select panels of three Commissioners each to hear appeals and consider other matters to be reviewed by the Commission at each meeting. Upon receipt of an officer's appeal to the POCSC, the HR Director shall assign the appeal to the first three names on the of?cial roster to hear the appeal. i. There will be no deviation from the order of seiection from the of?cial roster. Atter the threewrnernber panel has been selected and assigned, if a member of the panel noti?es the Director of Meet Confer Agreement Page ~30? 10. 1?1. 12. 13. 14. 15. 16. his/her inability to be present at the hearing for any reason, the Commissioner will be replaced by the next availabie Commissioner on the official roster. ii. Once a panei of three has been confirmed and empanelled, a meeting date wiil be set to hear one or more pending appeals. The first Commissioner seiected for the panel and is present shalt serve as the presiding officer. A. At least two members of the assigned panel must be present to conduct the meeting and establish a quorum. The party with the burden of proof must have an affirmative vote of at ieast two (2.) panei members to prevail. A. In the event of a spiit vote of only two Commissioners present, the party with the burden of proof does not prevail. The City shalt provide to the Commission adequate and suitabte office space, staff and resources necessary to conduct of?cial Commission business. A Commissioner shalt be subject to removal pursuant to the mandates of Chapter 143.007. However, Chapter does not apply to the POCSC. The City Attorney?s Office will not serve as a legal adviser and/or consultant to the POCSC. A Rules Subcommittee of the LRC (comprised of 3 officers representing the City and three of?cers representing the MBA) is hereby aothorized to establish, modify, or amend, a set of rules and procedures to be adopted by the POCSC. All members of the LRC Subcommittee must vote either in person or by proxy to adopt and recommend the rules and procedures. Once adopted by the POCSC, the ruies and procedures are to be foilowed on all appeals to the POCSC and to grievance examiners. Attorneys representing aggrieved of?cers and/or the City shall be authorized to issue subpoenas pursuant to Chapter A. Ail subpoenas issued must be filed with the Commission and served upon the Opposing party within 48 hours of issuance and not later than 72 hours before the schedoied Commission meeting. B. Any motion to quash a subpoena shail be heard by the panel assigned to hear the appeal. The Rates Subcommittee also deveiop a training curriculum for orientation of P008 Commissioners and the grievance examiners. The HR Director shail cause to be created and maintained a complete, accurate and legible record of the appeal hearings of officers before the Meet Confer Agreement Page n31? 1'7. 18. 19. 26: 1. POCSC. This record shall be made by a certi?ed court reporter or a reiiable recording system that provides a complete, accurate and legible/audible record of the appeal hearing. A. If recorded, the recording shalt be provided at cost to the of?cer and shalt be accompanied by a certi?cate attesting to the accuracy of the transcript of the record. B. if a court reporter is utilized and the matter is appeaied to district court, the cost of a transcript shall be shared eqoaiiy by the parties. if an officer is dissatis?ed with any Commission decision, the officer may ?ie a petition in district court asking that the decision be set aside. The petition must be tiled within it} calendar days after the date the finai Commission decision is: A. sent to the officer by certi?ed maii, return receipt requested; or, B. the officer receives the decision as indicated by the receipt on the return receipt form. C. in the event the officer does not claim the certified mailing of the decision or the post office is unabie to deliver the decision, the officer must file his appeal no tater than 30 calendar days after the decision was The Commission shalt aiso mail a copy of the decision to the officer?s iegai connect by certi?ed mail, return receipt requested at the same time the decision is mailed to the of?cer. A. This to the officer?s iegai counsel is a courtesy copy onty arid shatl not serve as a notice to the officer, nor it serve as grounds tor an appeal if not received by the officer?s legal counsel. PANEL OF EXAMINERS The Labor Relations Committee (LRC) shalt have the sole and exciosive authority to select and maintain twelve quatitied independent hearing examiners to preside over alt appeals of discipline in which an aggrieved officer has eiected to appeal his disoipiine to an instead of the Police Officers? Civii Service Commission. A new roster of shalt appointed by the LRC for a term of two (2) years. Ali members of the LRC must vote either in person or by proxy. A. This new roster must be created no later than ninety (90) days after rati?cation of this Agreement. Until such time, the current roster shall remain in effect. 8. The City and MBA shall each seiect six (6) candidates for the roster. An IHE may be reappointed by the LRC and may serve consecutive Meet Confer Agreement Page two-year terms. Each party has the power to veto one selection by the other party. The party iosing a candidate by veto wiil then select a different candidate, with no right of veto by the opposing party. (3. it it is found during the selection process that a selectee is unwilling or unabie to serve, then the nominating party shall choose another candidate, D. Each party may remove, at their discretion, their appointee and nominate another candidate, for appointment by the LRC, tor the remainder of the term. The candidate nominated may not have been vetoed during the selection process tor that term. To qualify for appointment, an IHE must: be a resident of Texas; reside within 325 miles of the city iirnits of the City of Houston; be of good, morai character be a United States citizen; be at least thirty (30) years of age; have previous arbitration experience; and be a member of the American Arbitration Association labor panel or Federal Mediation and Service (FMCS). in order to establish the order of the rotating panel of independent nearing examiners, the LRC wit! alternately select names in a biind drawing and individuals seiected be assigned in the order of their random drawing. Upon receipt of an of?cer?s appeal, as authorized herein, to an independent hearing examiner, the HR Director shall assign the appeal to the first hearing examiner on the estabiished roster and each successive examiner thereafter. "there wiil be no deviation from this selection and assignment procedure. A. Once estabiished, the list of hearing examiners and a record of the assignments of examiners will be maintained by the HR Director for inspection and/or review during normal business hours. Any deviations from strict compliance with this roster assignment procedure shaii be brought to the attention of the LRC for review and appropriate action. 8. it a selected examiner notifies the parties of an to conduct the hearing for any reason within 120 days after seiection, the appeal shall be reassigned to the next independent hearing examiner on the roster, If at anytime the number of permanent members of the panei falls below the minimum number of twelve the LRC may be convened by either party. The party that initiaiiy recommended the panet member shall seiect a candidate to be appointed by the LRC. The candidate nominated may not have been vetoed during the selection process for that term. astronome- Meet Confer Agreement Page -33- ARTICLE 27: 1 . For each assignment, the will be paid for alt time spent conducting the hearing, for travel, and preparation of an opinion. A. The iHE?s deity rates shati be established annuain by the Labor Relations Committee based upon an average of the daily rates of the members of the and FMCS labor paneis who meet the above eiigibitity requirements. B. Ail reasonable, out of pocket expenses inciuding travel and iodging wilt be included in the award. C. Ail costs and fees of the independent hearing examiners witl be equaiiy paid by the of?cer and the City (onehaif each). The LRC may establish a rules subcommittee comprised of three officers representing the City and three of?cers representing the MBA as may be needed to review and recommend changes to the rates and procedures to be foiiowed by the lHEs. A challenge to any term of this Agreement either by interpretation and/or application which applies to an officer or to the MBA may be filed only by the HPOU, in its capacity as the MBA or the City. The City may not adopt the grievance of any member of the bargaining unit or any poiice employee groups. Phase 2 Formal Chaiienge ftrocess The parties acknowledge that it is advisabie for those who establish a working reiationship to try to resolve any breach or perceived conflict relating to such Agreement at the eariiest possible time and without judicial intervention. Therefore, even before a chailenge is filed, the MBA or the City (represented by the Chief) shalt file with the responding party, a ?Notice of Intent to Chatlenge" (Notice) pursuant to this Agreement on an approved form provided by the Department specifying the factuai and/or iegai basis for the alleged chatlenge, which must have occurred or been discovered, whichever is tater in time, but no tater than thirty (30) days prior to the Notice being fited. A. if the MBA or City fiies a challenge, it will be presumed that the MBA or City has fully reviewed the matter and finds that there is merit to the chalienge and that any internat measures to determine whether to proceed with the chailenge have been exhausted before the Notice of Intent to Chailenge was filed. i. Officers who are not members of the HPOU shalt be required, at the discretion of the HPOU, to reimburse the HPOU for costs, expenses and fees related to prosecuting a chaiienge to this Agreement. Such costs snail inciode, but are not iimited to, personnei costs based upon eateries and benefits, support staff, Meet Confer Agreement Page ~34~ copying, research, and other expenses associated with an Agreement chailenge. ii. The responding party shail have a twenty?one day grace period from the date of filing of the Notice to amicably resoive any chalienge without the moving party having to initiate the format challenge set out in this Articie. it the matter is not amicably resolved within this grace period, the moving party shalt have an additional nine (9) days (Phase I may take only a maximum of thirty days from the date the Notice is tiled and may extend the contract grievance to only 60 days from the date the grieved action arose or was discovered.) to his a formal challenge in accordance with the procedures set forth herein beiow. iv. Participation in Phase is encouraged, but not mandatory. Phase li Formal Challenge Process Unless Phase i is instituted, a contract grievance must he brought within thirty (30) days of the occurrence of the act(s) which is (are) the hasis(es) for the chailenge, or the date of discovery, it the act was not readiiy apparent or discernabie. A. If-the informai resolution process above is utilized and the moving party tiles a timely ?Notice of intent to Challenge?, this thirty day period is extended tor an additional thirty days (maximum of sixty days) from the date the grieved action arose. Any contract grievance must be flied on an approved form provided by the Department, in the same piece and manner as a grievance brought pursuant to Chapter 143.t27 and must specify with suf?cient detaii, the law, the allegations and/or facts that form the basis of the grievance. At each phase of the grievance, each party may he represented by up to two representatives and an attorney. The grievant (officer or Chief) may, but is not required to be present. Once a contract grievance is timely tiled, the toliowing procedures shall apply: A. it appiicahie, the Assistant Chief responsible tor the function in connection with which the grievance has arisen shall have up to fourteen days to investigate the facts and gather information. It the actual fact gathering is delegated to a designated representative, the Assistant Chief is responsible to ensure that ail tasks are timely accomplished. The Assistant Chief wiil schedule a meeting with the designated representative(s), within twenty-one days of the date of ?ling of the chatlenge. The purpose of the meeting is to candidly discuss the issoe(s) which serve(s) as the basis for the chailenge and determine Meet Confer Agreement Page -35- whether any possibie resolution is feasibte and could be recommended to the Chief. The Assistant Chief may include in the meeting any resources (for exampie: Employee Services, Legat, etc.) that may assist in resolving the chailenge. Following the ccnciusion of the meeting, the Assistant Chief shaii have up to ten days to provide to the Chief a summary of the chaiienge, its factual basis, and a recommended resolution or course of action. The Chief shalt have up to an additional ten days to issue a proposed resciuticn to the chaiienge. The resolution proposed by the Chief shaii be served on the MBA as expeditiously as possible, but may not exceed five days. i. it the Chief faiis to timeiy propose a resolution within this fifteen day period, the MBA rney automatically eiect to proceed to the next step, but must do so within ten days of the receipt date, as described above. Fcilowing receipt, the MBA shaii have up to ten days to accept or reject the proposed resolution by rneans of a written-notice of acceptance or rejection fiied with the Chief. i. it accepted, the Department shaii implement the proposed resolution as expeditiously as possible. ii. if rejected, the MBA must concurrently eieot whether to proceed to mediation or arbitration. Phase m- Arbitration or Mediation if the MBA eiects to proceed to mediation or arbitration, a Request for Mediation or Arbitration shall be filed on a form approved by the Commission with the Director oi the Human Resources {Department who shall scheduie a session with the next on the iist of IHE's. A. The arbitration or mediation shall occur within fortyufive days of the date the Phase Request is filed with the Director at a time mutually ccnvenient to the parties. Oniy one continuance may be granted per side and only tor good cause, Each continuance may not exceed an additionai fourteen days. This period may be extended if the ii?tE?s schedule cannot accommodate scheduiing within forty??ve days, but may not extend beyond an additional thirty days. if the selected iHE?s cannot accommodate scheduling the mediation or arbitration within seveniy~five days, the next iHE?s on the otticiai roster shat! be appointed in order of selection. it arbitraticn is the elected preference, the IHE must issue proposed findings of tact and ccnciusions of iaw and a recommended award within ten (t0) days of Meet Center Agreement Page ~36- 10. 11. the close oi the hearing. The it?lE?s decision is finat. No appeat ties to a District Court for either party except tor fraud, coltusion or untess the exceeded his/herjurisdiction. If the matter is resolved through mediation, or if arbitrated and neither party appeals the recommended award, the Department shall implement the resolution as expeditiously as possibie. it the matter is referred to mediation and cannot be resolved, the mediator shalt determine when such impasse occurs and shalt inform the parties of such determination. Either immediateiy thereafter or upon a mutually agreed time, the mediator shall switch to arbitration mode and receive evidence, testimony and argument. The mediator (now) ii-riE must issue proposed findings of tact and conctusions of tow and a recommended award within ten days of the ciose of the arbitration hearing. The mediator/arbitrator?s decision is final. No appeai ties to a District Court for either party except for fraud, coitusion, or if the arbitrator exceeds his/her jurisdiction. in the event a chalienge is tiied by the City, the above described timelines and procedures shait apply adverser to the MBA (and its President in the stead of the Chief) and shail be condensed to steps 4(d) through only, ARTICLE 28: GRIEVANCE EXAMINERS AND PRQCEDURE The Human Resources Department shali also be responsibie for maintaining a roster of grievance examiners who shaii be responsibie for adjudicating officer grievances brought pursuant to Chapter 143.127, et. seq, TLGC and this Agreement. Grievance examiners shaii meet the requirements: toliowing minimum eligibility A, rnust be a resident of Texas; be a United States citizen; C. be at toast thirty (30) years of age; D. reside within 325 mites of the city limits of the City of Houston; be of good, morai character; and, have previous experience in the iabor field. Compensation of the grievance examiner shati be determined by the Director of Human Resource Department at competitive market rates for such work. Grievances are iimited to the foiiowing- issues: A. Transfers (invoiuntary or denials) B. Denial of overtime actually worked C. Written Reprimands Meet Confer Agreement Page ~37? ARTICLE 29: 1. E3. Permanent change in days off and/or duty hours E. Semi~annual Job Performance Reviews (JPR) in which the officer's Overali Rating is reduced to less than effective. Grievances shall not be fited if the of?cer?s JPR is reduced only in specific performance factors and which does not resuit in a reduction of the Overali Rating to less than effective. Any officer who ?ies a grievance regarding a written reprimand may elect to waive his/her Step I meeting and proceed directly to the Step li grievance procedure. The employee may make this election on a form provided by the Police Department andior may notify the Commission of his election through his designated attorney of record. OF CERTAIN APPEALS HPD intends to. continue to develop and implement an atternative means of resoiution of of?cer disciptine and training through a program of mediation. in order to retain the benefits of such an effective alternative approach, ali timing for dates and deadlines tor the imposition of discipline (?143.117 or $433119, TLGC) for appeals to independent hearing examiners $143120; ?143.12?; ?143.134 or $431016, TLGC, etc.) or to the Commission shall be toiled for the period of time from the date the matter is received by the alternative dispute resolution unit until its completion with Oi? without a written resolution or its referral to another investigatory/grievance process, but no more than 60 days, whichever occurs first. other time frames and deadiines remain unchanged as required by Chapter 143, TLGC or this Agreement. mediations shalt be conducted as required by Departmental rules and guidelines and state law. Accordingly, all discussion and contents of mediations shalt be confidential. Mediations that do not result in an amicable resolution may not be disclosed to any third parties in any form or fashion by any of the parties or participants. Mediations that are reenlved to agreement will be confidential to the extent allowed by law. Any letter, memorandum, document, notes or other communication (orai or written) disclosed in the mediation process shall be confidentiai and not be made public nor shall it be inciuded in the officer?s personnel of other depai?trnentai fites. Any neutral third party who participates in the mediation shalt not be required to testify at any subsequent proceeding or discipiinary action not be required to disclose any communication (orai or written) which was disclosed in the mediation. Any oral or written communication disclosed during mediation, is discoverabie in other, proceeding, only if such oral or written communication woutd be discoverable or admissible independent of the mediation. Meet 8; Confer Agreement Page ?38- 6. From inception through completion, alt meetings or other procedures are exempt from the 48 hour or other notice requirements mandated in Chapter 143 or in other provisions of this Agreement relating to investigations. INVESTIGATIQN DISCIHJNARY PRQCESS ARTICLE 30: OF The toliowing provisions snail appiy to the investigation and interrogation of an of?cer. it any portion of this procedure shall conflict with any provision of Chapter t43, TLC-5C, the ianguage of this Agreement shalt control. "Interrogation" shatl mean the process by which the Department through its supervisors or other persons assigned to conduct an investigation, presents oral or written inquiries to an officer under investigation, and requires the of?cer to respond oraliy or in writing. A. interrogations shail be conducted in compliance with the provisions of Chapter 143 and this Agreement; B. See supervisor's rights tor preinvestigative questioning contained in the Supervisory Intervention Articie of this Agreement. The officer being interrogated shail be provided a copy(ies) of the statement/aftidavitlcornpiaint that serves as the basis for the complaint by the compiainant at the time the 48 hour notice is given. A. if the Complainant?s statementlaffidavit/compiaint is not provided to the officer at the time of his/her 48 hour notice, prior to his/her interrogation, the statementlattidavit/cornplaint may not serve as the basis for any disciptine tor the Class I or II violation. An officer is entitled to and snail be provided written statements or affidavits received or gathered by the investigative authority from witnesses, officers or supervisors obtained during the investigation before the officer?s interrogation, it the interrogation is based in whole or in part upon such witness? statemends). A. If an officer is not given the witness? statemends), any such statement may not he need to support an administrative action or discipline against the of?cer; in addition to the requirements of Chapter no later than the ?iSOth day after the Department discovers an officer may have committed a feiony, including a state jail feiony, the Chief may send a letter to the Attorney Generai which shail inciude at a minimum, the date the aiieged criminal activity under investigation occurred, the general category of offense (eg. teiony, etc), the date of discovery. and the date the investigation was commenced. Meet 8: Confer Agreement Page ?39? ARTICLE 31: A. This notice to the Attorney Generai shali only be required if the Chief is considering an indefinite suspension. A copy of the letter to the Attorney General shalt be furnished to the officer under investigation at the tints of interrogation, or at the time of issuance, if issued after the initiai or subsequent interrogation. An officer under investigation for a Ciass ii violation investigated at the divisional ievei by an investigator shail be required to receive only one Notice of Interrogation at least 48 hours prior to the first interrogation in any form. A. Any subsequent interrogation(s) of the same Officer on the same complaint (or any extension or coliater-al issue(s) related to the same complaint) shall only require a reasonabie opportunity to consult with his counsel or representative before responding to such subsequent interrogation. B. A reasonable opportunity shall aiways depend on the tirne and circumstances, but shaii generain be construed to aiiow sufficient time to locate such counsel or representative and review the interrogatories, allow for review of related documents and obtain advice. The provisions of ?i43.124, TLGC and related case law authority shaii apply whenever the department utilizes the polygraph examination for an internal investigation and the department shail utilize only outside polygraphers tor administrative investigations. AND BISCHARGE The Chief, or in his absence from the City or his designee, may impose a disciptinary suspension upon an officer tor a violation of oivii service and departmentai rules. A. A ?Notice of {Discipiinary Suspension" tor purposes of this Agreement refers to both temporary suspensions and indefinite suspensions. The ?Notice of Disciplinary Suspension? is the letter in which the Chief iists the rules alieged to have been vioiated and the facts sopporting the rules aileged to have been violated. S. In the case of a Temporary Suspension, the Chief may suspend an officer for discipiinary reasons for a reasonable period not to exceed 15 calendar days. A temporary suspension may not be imposed tater than the 180?? day after the department discovers or becomes aware of the ruie(s) violation, except as otherwise provided by this Agreement and/or state law. A. in the case of an inde?nite Suspension, the Chief may suspend an of?cer tor disciplinary reasons tor an indefinite time period. An inde?nite Suspension may not be irnposed later than the 180?? day after Meet 8? Center Agreement Page ?40? the date of the occurrence of the ruie(s) violation, except as otherwise provided by this Agreement and/or state law, The Chief may indefiniter suspend an of?cer for a teiony or state jail teiony that occurred more than caiendar days prior to the imposition of the inde?nite suspension if the officer has been charged with such felony by indictment or information. It the Chief or officer offers a suspension of 16 to 90 calendar days for violations of civil service rules in lieu of an indefinite suspension, the officer may agree in writing to volunteriiy accept the scepension with no right of appeaL A. The officer roast accept the offer within 5 working days after the date the offer is made. S. if the officer refuses the offer and wants to appeal, the officer must file an appeal within is caiendar days after the officer is served as described herein above. A disciplinary suspension is deemed to have been imposed and becomes effective on the date the Notice of Discipiinary Suspension is ?ied with the Director of the POCSC. A. This shalt be true even it the period within which the disciplinary suspension is to be served, or the date on which it begins, is at a later time. S. To the extent that the foregoing protocol con?icts with or supplements the provisions of Chapter 143, TLGC, these provisions shalt control. Service of Discipiinary Suspensions on the Officer A. Personal service of the Notice of Disciplinary Suspension within the 180 day period is not required to impiement the disciplinary suspension order; provided, however that the of?cer is entitled to receive actual or constructive service of the Notice of Disciplinary Suspension so that the officer can timely exercise any appeal rights that the officer may have. t. it personal service is not possibie or ineffective after a reasonable attempt at such service, the Notice of Disciplinary Suspension may be matted to the officer by certified mail return receipt requested, with delivery restricted to the officer, at the test known address provided to the department by the officer. 2. Service snail be considered to be compiete as of the date the Notice was maiied by deposit into the U. S. Postai Service. 3. Constructive Service. it Notice is not deliverable because the officer has not provided the department with the most current address or the officer fails to pick up or timety receive the Notice when presented by the Postal Service, the Notice is deemed Meet Confer Agreement Page ?41- served upon deposit into the US. Postal Service and no af?rmative defense to timely service shaii he aiiowed. 4. If the US. Postal Service fails to tinter serve the Notice of Disciplinary Suspension through its tacit, totatly without fault or negligence on the pert of the officer, the officer may assert an affirmative defense alleging untimely service for purposes of iodging a timeiy appeai under the appropriate provisions of Chapter 143. A. After the Notice of Disciplinary Suspension has been served, the City shalt file a receipt with the POCSC that documents service on the Of?cer. 1. The City is not required to file the Notice of Disciplinary Suspension with the receipt. 2. The receipt shall be fiied within ?ve (5) business days after the day service has been completed. 3. To the extent that the foregoing protocol con?icts with or suppiernents the provisions of Chapter ids, TLGC, these provisions shail control. Appeal Deadiine. The of?cer has '15 calendar days to file an appeal from the date of actuai or constructive service upon the officer as specified in these provisions. The Chief and an officer may mutuain agree to waive any of the time iimitations imposed by this Agreement or Chapter 143, TLGC so tong as the agreement is in writing and signed by the officer and his/her legai counsel, if helshe is represented by counsei, and the Chief or his designee. A. The POCSC or an it?lE is required to honor any such agreements if pieced into the record. In an appeai. of any inde?nite or temporary suspension. the department shalt have the burden of proof by a preponderance of the evidence. A. By a preponderance of the evidence, the department must show the truth. of the charges and that just cause exists for the imposition of the discipline imposed, In addition to the authority provided by Chapter 143, TLGC, the parties hereby agree that the POCSC or an appointed pursuant to the provisions of this Agreement shalt have the authority to consider a disciplinary suspension period covering any time period, inciuding time aiready served between imposition of the discipline and the appeai decision, Meet Confer Agreement Page ?42- 10. It is the intent of the Parties under this provision to override the judiciai gtoss imposed on the statute by the case styled Waco Kelley, 309 536 (Tex, 2010) which restricted the authority of the Commission and it-lE?s to modify discipline within the parameters of anything over fifteen (15) catendar days and an indefinite suspension. Provided further that it is not the intent of the Parties to modify any right or priviiege of further appeal or appellate review that is otherwise authorized by law to review the decision of the Commission or the if a disciplinary suspension is overturned or otherwise modified and reduced, the HPD shall administratively classify the decision as having been overturned or otherwise modi?ed on its merits, or based on a procedural default. A. If the decision is ciassified as having been made based primariiy on its merits, then the alleged misconduct at issue shall be considered to have been nulli?ed and may not be used by the Department in evaluating the officer for future transfers or promotions If the decision is classi?ed as having been made based primarily on a procedurai default, then the alieged misconduct at issue may be considered as relevant to the evaluation of the officer for transfers or promotions. The administrative classi?cation shail be made within a reasonable time by Hint.) Legal, confirmed by the Chief of Police, and communicated to the officer. The officer may chaiienge the ciassification to the Chief of Poiice, but the Chiefs decision shall be ?nal. Any officer whose discipline is reduced or overturned after all appeals are exhausted, shatl be paid the amount previousiy docked within thirty (30) days or will be entitled to two times the amount due. if the disciplinary action is overturned in its entirety on appeai by the Commission, an lt-iE, or a court of competent jurisdiction, the Human Resources Director shall order that the records of a disciplinary action that was taken against an officer be expunged from each file maintained on the of?cer by the department. A. Documents that must be expunged under this subsection include dboument?s that indicate discipiinary action was recommended or taken against the officer, such as the recommendations of a discipiinary committee or a letter of suspension. This subsection does not appiy if the disciplinary action was only reduced and notoverturned, or if the officer is charged with excessive force that results in a death or injury and the charge is being investigated by a tow enforcement or criminal justice agency other than the department. Meet Confer Agreement Page ~43~ i2. i3. ?34. C. Nothing contained herein shati require that internal Affairs Division records be expunged under any circumstances. in any cause of action, civit or criminal, no file, or any part thereof, maintained pursuant to ?143.089(g) shat! be reieased to any party to the action untit relevancy is iudicialiy determined and an application for a protective order iirniting the use of such file in that cause of action has been filed. A. Prior to any release of any file, the Human Resources Director shail ascertain that an appiication tor a protective order limiting the use of the records to the immediate litigation has been filed each time such tits is sought in a civii or action. 8. The City of Houston Legal Department, or its designee, shait be responsible for all iegal representation related to the preparation, filing and prosecution of any order required to carry out the purpose of this section. C. Nothing herein shaii prevent the HPO from releasing such documents to another law enforcement agency or District or US. Attorney?s Of?ce working on a mutual investigation as currently provided by Except for internal Affairs Division fiies, nothing in this Articie shalt be construed to prevent an officer from having access to his/her personnel fiie maintained anywhere by the department. POSITIVE In addition to the provisions in M43422, Texas Local Government Code, after the Chief of Police has issued a discipiinary suspension, an officer may eiect to have the period of suspension deducted front hislher PTO hanks. A. The deduction shalt be in increments of the officer?s normal shift hours eight (8), ten (t 0), tweive (12) hours), as the case may be, for each day of discipiinary suspension up to ninety (90) days. 8. Within 5 days of receipt of a discipitnary suspension, the officer must submit to the Chief of Police a written offer to waive his right of appeai, accept responsibitity and agree to have the equivalent hours of suspension deducted from one of his cash valued PTO banks. The Chief of Police wiil then have 5 days to accept the offer. If the offer is not accepted within 5 days, the offer shall be deemed rejected. (3. The offer shat! be considered ?settlement negotiations" and may not he introduced or offered for any purpose in any disciptinary proceedings. in order to aliow suf?cient tires for this process to take place, suspension shalt not commence until 15 days from the date the officer receives the discipiinary suspension. Nothing herein extends the 35 days an officer has to file an appeal of a discipiinery suspension. Meet 8; Confer Agreement Page ~44? 15. 32: MINOR AND The Chief of Police, at his sole discretion may deiegate his authority to issue final discipline in the term of written reprimands, and 1 or 2 day temporary suspensions to classi?ed of?cers. Such delegation witl be to a rank of no lower than a Captain of Police who is in the officer?s chain of command and has reviewed the administrative investigation that is the subject of the discipiine. Any deiegated person who issues a written reprimand or an of?cer of higher rank within that chain of command may aiso be delegated by the Chief of Police, at his sole discretion, to conduct a Step it, or combined Step I and It hearing reiated to that written reprimand. In such cases where the Step 1 and Step .Ii hearings are not combined, and the Step it has been delegated by the Chief of Poiice, the Step I hearing may be conducted by a Lieutenant within that same chain of command. This provision supersedes any contrary provision of State Law iisted in Chapter i413, TLGC INTERVENWQN The Chief shall continue a program known as Supervisory intervention as an alternative to the formal discipline process associated with Ciass and Ciass Ii complaints as currently de?ned by HPD. Supervisory intervention shalt be to correct infractions of administrative rules and procedures of a less egregious nature specificain exctuding alt Ciass i cornpiaints. A supervisor has the right, duty and responsibility at any tires to inquire as to the facts of a circumstance or situation in order to make management, operational, administrative or organizational decisions. No 48 hour notices are required before discussing the originai infraction with an officer. A. if the inquiring supervisor becomes the complainant in a Class i or ll complaint, the sarne inquiring supervisor may not further investigate such alieged violation. B. If the inquiring supervisor becomes the compiainant in a Ciass or It compiaint, the same inquiring supervisor may not participate in the process of recommending discipline for the violation. An of?cer?s immediate supervisor or a supervisor discovering an infraction shalt determine whether to proceed through the formal compiaint process as a Ciass i or Ii complaint or as a Supervisory intervention. A. An immediate supervisor is not authorized to proceed with a Supervisory Intervention if the vioiation constitutes a Ciass i infraction or any violation not listed in the Supervisory intervention handbook round in the Department?s Corrective Action Manual. Meet Confer Agreement Page 415- B. it a Supervisory intervention is elected, no format cornpiaint/atfidavitlstatement is required as de?ned by Sec. 143.123 and may be based solely upon the unsworn statement of an officer or supervisor. The Supervisory intervention must be documented, but need not be in the form of a compiaint. 4, Infractions which may be included in this informal procedure inciude, but are not iirnited to: 1. Improper or incomplete uniform; 2. Failure to keep proper personal appearance including hair iengtii, jewelry, etc; 3. Incomplete work or assignment (excluding failure to complete offense report); Failure to wear or improper use of safety equipment; 5. Failure/negiigence in the care or handiing of city provided property/equipment in an officer's care, custody and centre! that results in the toss or theft of such issued property (restitution may be required per season?re); 6 Failure to or late return or city property when due; 7 Untimely submission of extra employment application; 8. F-?aiiure to report current address and phone number; 9 improper ticket/citation; i0. improper or untimeiy response to caii; it. Vioiation of best integrity; i2. Tardiness at beginning of the shift or returning back to service; 13. Failure to control or improper control of prisoner; is. Improper demeanor while testifying; 15. Improper, incorrect, or untimer inventory of any property vaiued at less than $100,063 (Qoes not apply to money, narcotics, weapons, or evidence); ?16. improper completion of property diaposition forms; 17. Discourtesy to citizens; 1-8. Refusal to identify seif upon request by giving name or badge number including removal, obscuring or failure to wear name badge; 19. Improper use, abuse or improper language when using 20. Disrespect for teilow officers; Meet Confer Agreement Page 48- 21. Tardiness at in?service training; 22. Excessive breaks or unavaiiabie for service; 23. Unauthorized breaks; 24. Unauthorized passenger(s) in city vehicle. HPO shalt maintain and update a standardized form for infractions requiring Supervisory intervention. An officer may refuse to allow an infraction covered by this article to proceed as a Supervisory intervention; in such a circumstance, the supervisor shalt determine whether to refer the infraction to the proper authority as a Class 1 or ii complaint. An infraction which is to be handied as a Supervisory intervention shall be handled as foilows: A. identification of the infraction and fact gathering of the underiying facts and/or details; and, B. informing the officer of the alieged infraction and request for the of?cer's position; and, Analysis of the facts and evidence to determine whether the infraction, in fact, occurred; and, D. Supervisor discusses the infraction with the of?cer including what was wrong with the act/actions of the of?cer, what act/actions would have been appropriate, and what resolution is recommended; and E. Officer acknowledges that the infraction occurred and the officer?s the conduct/acts which would have been appropriate as wait as the proposed resolution; (it the officer does not acknowiedge that the infraction occurred and/or his/her culpability, the officer must stiil acknowledge that if the conduct/actions had occurred as aiteged, in the future, the matter should be handied in the manner indicated by the supervisor.); and, F. Once the proposed resolution is completed, the officer acknowledges the compi?etion of the proposed resoiuti'on e.g. training, education etc, Supervisory Intervention shail be nonspunitive and is not to be considered discipline in any form or fashion. it is intended to correct or modify actions/behavior through positive encouragement, counseiing, training, or reeducation. it is not intended to punish or harm an officer in any way. A. As a resuit, a Supervisory Intervention may result in one or more counselings, and/or training, and/or reeducation efforts such as reviews of General Orders, SOPs, Academy lesson plans, and/or repeat task performance, classes or exercises. Meet Confer Agreement Page 47- S. Since Supervisory intervention is not discipline, it is neither grievable nor appealable. 9. Documentation of a Supervisory intervention shall be retained exclusively at the divisional ievel in the employee?s divisionai file and used tor evaluating the officer?s performance during that evaluation period only. A. A Supervisory intervention may not he used in any other evaluation pedod. S. The documentation relating to a Supervisory intervention shall not he placed in the departmental or the officer?s of?cial tits at Human Resources. to. Once a supervisor decides to proceed to handle a designated matter in the forrn of a Supervisory intervention, he may not tater refer the matter out as a Class i or II complaint uniess a different, coiiaterai or intervening infraction requires a referral as a formal Class I or ii compiaint. Whenever this occurs, the Supervisory intervention may continue to compietion on the designated infraction while the new and intervening, coliateral matter is concurrently sent to the appropriate forum for Class I or Class Ii complaints, or is atso handied as a Supervisory intervention. A. Once referred, i-iF?D shail foliow the appropriate procedures for the resulting Ciass of complaint. S. if evidence of unrelated infractions is discovered during this process, the supervisor rnay, depending on the severity of the infraction, elect to utilize the Supervisory intervention process or may formalize the compiaint on the unreiated infraction. Any statements made relating to the unrelated infraction may he in any later proceeding or process. C. Failure to foliow traditionai Chapter 148 investigative or interrogation procedures during the Supervisory intervention phase of the review process, shalt not be considered an impediment nor jeopardize the Class or Il complaint so long as the Class i or ll complaint is handied in compiiance with the procedures in Chapter 143 or the procedures included elsewhere in this Agreement. 11. The Chief shaii have the option to reduce any discipline to a Supervisory Intervention if the circumstances warrant such a reduction. SALARY FAY w- BENEFITS 33: SALARY, SAY, ANS BENEFITS BASE AND PAY COMPENSATION Meet Confer Agreement Page as? E. Base pay increases for each classi?cation are reflected in Exhibit A to this Agreement, which is hereby incorporated by reference. The 2015 base pay adjustments across the board) set out in Exhibit A shalt become effective the ?rst fuli pay period after June 1, 2015 for the ranks of poiice of?cer and higher. The 2015 base pay change for probationary of?cers, which is effective in the first fuli pay period after July i, 20t5, is effective oniy for those hired on or after July 1, 2015 (Ciass 224 and forward). For those hired on or after July 20t5, the Department snail pay probationary poiice officers only the base rate as reflected in Exhibit A and any applicabie education pay. In addition, probationary police of?cers with quaiifying prior iaw enforcement experience wiil continue to be compensated in accordance with City ordinance. Ail other base pay adjustments set out in Exhibit A chat! become effective the first felt pay period on? or after July 1, of each year thereafter. The year of service step increases reflected in Exhibit A for each ?scat year indicated shall continue throughout the term of this Agreement. HPD PAY A. The HPD Training pay for all officers shaft be calculated from the officer?s sworn date in accordance with the foflowing chart. Level Qne 1* a 5 Years $53.85 DiuWeekiy Level Two Years $129.25 Bi-Weekiy Level Three 12+ Years $318.55 Bi-Weekiy i. *For Of?cers hired as Cadets after July 1, 2015, the training pay for Level One shall begin in the first fuil pay period after the compietion of the probationary period. Officers are responsible for reporting training and education received outside the Department to ensure their training and education records are current and accurate. The Department shall update training and education records when officers receive training and education by or through the Department. The Department shalt timely report to TCOLE the training and education completed by each officer and approved by the HPD Training Division for state codi?cation purposes. The Department snail timely update training and education records and/or report same to TCOLE. Meet Confer Agreement Page =49? E. The Department shalt be required to pay any training certification incentive pay as of the date the officer quali?es for the training pay. POLICE OFFICER A. An officer who is ciassified as a Grade Officer and presently holds or obtains a certificate of Master Police Officer from the Texas Commission on Law Enforcement (TOOLE) and who has a minimum of twelve years (12) of service with the Houston Police Department shall be designated as a Grade iV ciassification of Senior Poiice Officer for Classes A and C. The calculation of sixteen year and under SPO pay shall be computed using the qualifying officer?s Hire Date. ASSIGNMENT PAY A. Ail assignment pay ordinanced and/or in effect on the date of ratification of this Agreement shail remain in full force and effect, unless modi?ed by this Agreement. Effective in the first full pay period after July 1, 2015, Field Training Officer Pay shalt increase from $69.30 biweekly to $119.30 biweekly only for officers who are ?eld training instructors and evaluators who work the Of?cer PTO program training new of?cers. All other positions currently receiving the $69.30 biweekly shall continue throughout the term of this Agreement. 1. All officers and sergeants are presumed to be continuously training the department speci?cally notifies the affected employee, Employee Services Division and Classi?ed Payroll to the contrary. Mentoring pay shall continue to be $69.30 biweekly. 1. LRC will revise, as appropriate, the mentoring responsibilities for entitlement to Mentoring Pay. 2. All officers and sergeants are presumed to be continuously mentoring untess the department specifically notifies the affected empioyee, Employee Services Division, and Classified Payroil to the contrary. WEEKEND SHIFT DIFFERENTIAL PAY A. Weekend Premium pay will continue to be paid according to the foilo?wing: t. Weekend Premium Pay will be paid to of?cers assigned to weekend shifts as defined herein. 2. Officers receive an additionai $34.62 biuweekiy for one regular weekend shift or $69.23 bi?weekiy for two reguiar weekend shifts. This pay wiil be received as long as the officer is regularly scheduled to work that shift, regardless of whether or Meet Confer Agreement Page ~50? B. C. 4. not the officer ?actcaily? works. Weekend Premium days for Say and Evening shifts will be Saturday and Sunday. Weekend Premium days for Night shift wilt be Friday and Saturday, Sbift Differential pay continue to be paid according to the foilowing: 1. Officers who are permanently assigned to work a reguiariy scheduled shift that begins at 1200 hours or later and/or ends no tater than 0700 hours shall receive $69.23 bi-?weekiy as additional compensation. Shifts wiil be determined according to the foliowing: Day Shifts: are these shifts beginning between 0500 hours and 1159 hours Evening Shifts: are those shifts beginning between 1200 hours and t959 hours Night Shifts: are those shifts beginning between 2000 hours and 9459 hours Shift differentiat pay shali only be inoioded in an officer?s overtime pay caicuiation during the period authorized by this subsection. Officers hired as Cadets on or after Juiy 1, 20t5, are ineligibie for weekend premium or shift differential pay while probationary of?cers. 6. PAY A. E). Any officer who has or is awarded a degree by an accredited college or university, the incentive pay biweekly shail be Sid-0.90 for a Bachelor?s Degree; $240.00 for a Master?s Degree; $340.00 for a Doctorate Degree. These amounts are cumuiative for advanced degrees so that only one biweekly award may be paid based upon the highest degree awarded. Acceptable certification of the award of a degree must be provided before the Educational incentive Pay snali be paid? 1. Shouid there be any delays in confirmation such that impiementation of this pay does not begin as of the next fuii pay period after submission, the officer snail nonetheiess be entitled to receive any backpay for the period of administrative delay. Any disputes over deiays in payment of this benefit shaii be directed to the LPC. 7. COLLEGE REIMBURSEMENT A. Officers snail be entitled to receive tuition reimbursement for the successful completion of credit hours at an accredited coliege or university in which an officer enrolis during bis/tier employment as a Meet Confer Agreement Page ~51- STUDY LEVEL Undergraduate Masters MBA {Doctorate JD. 5E. poiice of?cer with the Department. As a condition of accepting tuition reimbursement for successfui completion of coursework, an of?cer must remairi employed with the Department for a minimum of three (3) years upon completion ot the degree program. The three (3) year work requirement appiies to officers who begin a degree program after the effective date of this contract. 1. if the officer separates employment voluntarily (for example, retirement or resignation) within three (3) years of completing the degree program, the of?cer must refund the City all coliege tuition reimbursement costs helshe received from the City in the three years preceding the separation date. 2. if at the time of the officer?s votuntary separation the degree program is not finished, the officer must refohd the City alt college tuition reimbursement costs heishe received from the City in the three years preceding the separation date, 3. If the officer is involuntarin separated from empioymertt (is. inde?nite suspension or termination and not reinstated) white he/she is working on a degree program or has completed a degree program, the officer shall reimburse the City the value of tuition reimbursemeot, if any, of what he/she received in the one- year period prior to the date of the involuntary separation. in the event the of?cer is required to reimburse the City, this Agreement shall constitute the written authorization to deduct such reimbursement costs via payroll deduction and the voice of any accrued paid ieave. The foregoing payback provisions do not apply to err of?cer separated by the Police Officers Civii Service Commission for ?tness for duty, or kitled in the line of duty. Tuition reimbursement shalt be at a ?at rate reimbursement for successtui completion of coursework in the foiiowing five levels of study: Bachelor (8A.), Master (MA), Master of Business Administration (MBA), Doctorate and Juris Doctor (JD). The initiai reimbursement schedule is as foiiows: REIMBURSEMENT RATE PER HOUR $417.00 $456.00 $838.00 $456.00 $i,020.00 Of?cers hired after rati?cation of this Agreement who request JD. tuition reimbursement shall be reimbursed only at the MBA rate. The tiat Meet Confer Agreement Page --52- rate tuition reimbursement shail be reviewed and adjusted annuaity by the LRC before the fall semester of each academic year based on the five ieveis of study at the University of Houston Main Campus tuition and fee schedule. An officer MUST seek tuition reimbursement for successtui compietion of courses within 180 days of the posting of grades for each course. Successful compietion of bachelor courses (SA) and law school courses (JO), means grades equivalent to a or better, wiil be reimbursed. Successtui compietion of graduate courses (MA, MBA, and Phil), means grades equivaient to a or better, be reimbursed. Lower grades for undergraduate, graduate, and law school courses will not be reimbursed. Tuition reimbursement DOES NOT appiy to correspondence, web based, or other distance learning courses uniess they are taken from an accredited schooi or university as part oi a degree program. Tuition wiil oniy be reimbursed for coursework credits not for credits granted for life experience, training credits, or other credit granted without coursework). Officers are entitied to reimbursement for eiigible costs as stated herein which are not covered entirety from other sources such as Siil, LEEP, 100 Ciub, schoiarships, grants, etc. Under no circumstances an officer be eligible to receive tuition reimbursement for more than 100% of his/her actuai tuition costs, Should an officer receive tuition reimbursement from the City and aiso receive additional funding from a third party so that the totai reimbursement exceeds 100% of the officer?s actuai costs, the officer must reimburse the City all funds which exceed i00% oi the actual costs. At the completion of a course for which a ietter grade is not given, the City wilt reimburse on a passing or satisfactory rating or grade. On a multi?sernester course in which a grade is not given or awarded untii finai completion of the entire course, reimbursement wilt not occur untii completion of all components of the moitieemester course. ALLOWANCE A. Each officer hired as a Cadet before July 1, 2015, shaii receive an equipment aiiowance (not inciuded in overtime rate caiculations) payabie in equal bi?weekiy payments based on an annuai rate of $200000 Each poiice officer hired as a Cadet atter Juiy 2015, upon completion of the probationary period shalt receive an equipment allowance (not included in overtime rate caicuiations) payable in squat biuweekly payments based on an annuai rate of $2,000.00 Meet Confer Agreement Page ~53~ i0. CLOTHING ALLOWANCE PAY A. G. Officers in the Houston Poiice Department who quatify for a clothing allowance shall receive $800 annualiy, This amount shaii be paid in accordance with past practices and shail not be inciuded in an officer?s overtime rate of pay calculations. Ciothing Aiiowance shalt be paid to those positions in which business attire is required on a regular basis (for example, 3 of 5 days per week). Ciothing Ailowance shalt also be paid to those positions in Criminai investigations and Special Investigations, in which dress for tinder-x cover assignments must be worn as a deity standard dress requirement, provided the following requirements are met: 1. Mandated by the division commander; 2. Necessitated by the investigative or administrative function to be performed; 3. Worn more often than not (for example, 3 of 5 days per week); and 4. The objective sought by the investigation cannot reasonably be achieved by officers in uniform. Clothing Aliowance shail also be paid to those officers assigned to Divisional Tacticai Units (BTU). Questions regarding 1. Questions regarding for this benefit shail be resolved administrativeiy by the Clothing Allowance Committee. 2. If the empioyea disagrees, the empioyee shatl have thirty (30) days from the date the officer receives notice of deniai to appeat to the LRC. 3. The LRC will make a ?nai and binding decision. Those individuais who are receiving the Ciothing Aliowance on the date of the ratification of this Agreement and remain in the same assignment wiit continue to receive the Clothing Allowance as long as they remain in that assignment. The Maintenance of Standards provisions related to ciothing aiiowances shail apply for the duration of this Agreement. TEXAS TRUST A. Beginning with the first tuli pay period foliowing the effective date of this Agreement, the shall continue to pay $48.00 (forty?eight doilars) per month to the Texas Poiice Trust, as the agent for the MBA, tor every insured officer covered by the Texas Potioe Trust for disability benefits pursuant to a Trust Agreement administered by the MBA. Meet Confer Agreement Page 11. t2. t3. Additional benefits may include accidental death and disability (Abel?) and a gunshot rider. Terms of coverage are determined by the MBA. 8. The shall also be authorized by the Pian Administrator/MBA to withhold an amount from each of?cer?s biweekly salary squat to the difference between a sum certain (to be scppiied by Trustee) necessary to pay the remaining premium due for that officer?s level of participation in the Plan through the officer?s payrolt deduction authorization request. C. All premiums payabie and/or withheld and any monies doe pursuant to this Article shall be paid directly to the Texas Police Trust on a basis on the date of processing by wire transfer to an account designated by the Texas Police Trust. Premiums shall be paid in advance by the 15th of the month for coverage for the foiiowing month. If). The shail amend the Department?s personnel information form to inciude a provision to enable all officers to authorize the reiease of information contained on the form to the Administrator. E. THE ADMINISTRATOR AGREES TO HOLD THE HARMLESS AGAINST ANY AND ALL CLAIMS, OEMANDS, OR OTHER FORMS OR THAT MAY WHETHER NOW OR IN THE FUTURE, OUT OF OR BY REASON OF ANY ACTIONS TAKEN BY THE HROU IN OF THIS OR THAT MAY DUE TO THE COMPLIANCE WITH THE OF SUMS DUE AND PAYABLE HEREIN, OR ANY FOR BENEFITS OR COVERAGE OF ANY A. Each officer wiil be provided free parking at a City owned or teased parking when reporting to work at his/her primary duty assignment. HPD USE FEE A. During the term of this Agreement, any ctassit?ied officer who is required to pay a HPD vehicie use fee wiil pay no fee greater than any other city employee who is required to pay a city vehicle use fee. PATROL RAY A. This incentive pay is intended for police officers and sergeants permanentiy assigned to the patrol cali for service loop in a patroi division, Airport Division, Special Operations Division, Mental Health Division, and the Vehicuiar Crime Division as described herein and approved by the LPC. B. Officers and sergeants in the patrol cail for service loop wilt receive Patrol Officer incentive Pay. This pay will be paid to those in uniform whose primary is responding to calls for service by Most Confer Agreement Page "55- 14. rootiner using either a marked police car, or are routinely responding on foot, and who are listed on the Computer Aided Dispatch (CAB) as available for dispatch. t. This pay will he paid to all Of?cers and Sergeants who quality even it they occasionally have other assignments. C. Qtficers and sergeants permanently assigned to administrative or support functions in a patrol division, or in the divisions listed in 13A above are not eligible to receive patrol incentive pay. D. Controversies regarding eligibility will be resolved by the LRC with no right to grieve or appeal. E. There are three steps to the program, as follows: 1. Step 'l n- achievement of four years of department seniority; 2 Step 2 - achievement of six years of department seniority 3. Step 3 achievement of eight years of department seniority a For purposes of this provision, the years of department seniority are calculated using the hire date. P. The pay stipend for this patrol incentive pay shall be structured as follows: i. Step ?l $600.00 annually 2. Step 2 $l,200.00 annually 3. Step 3 - $1,800.00 annually 4. The foregoing pays are pro?rated in accordance with the City?s usual and customary payroll schedule. G. No individual receiving Patrol Officer Incentive Pay may also receive Investigator Pay. INCENTIVES A. Investigator Pay 1. Beginning in the first full pay period after July 2016, quali?ed investigative personnel from the following divisions may be eligible to receive investigator Pay at the rates and in accordance with the eligibility criteria reflected in Schedule A of Exhibit E: Auto Theft, Major Offenders, Narcotics, Vehicular Crimes, Vice, Burglary 8r Theft, Homicide, Juvenile, Robbery, Special Victims, Gang, and Criminal Intelligence. 2. Beginning in the first full pay period after July i, 2018, quali?ed personnel in the Investigative First Responder {Division the Crime Reduction Unit of the Gang Division, and Drug Recognition Experts (DREs) may be eligible to receive Meet Confer Agreement Page ~56- 15. ARTICLE 34: 1. assignment pay at the rate iisted in Schedule of Exhibit E. 3. No individual receiving investigator Pay may also receive Patroi Officer Incentive Pay. 4. Exhibit is hereby incorporated by reference. 8. The Chief of Police shatl establish criteria and procedures aliowing the placement of the term ?Detective? on Department identification cards of investigative personnel. PAY A. Pursuant to City Ordinance and Department policy, certain Officers are aiready eligible for receipt of bilinguai pay. During the term of this Agreement the LRC shalt evaiuate existing levels of departmental demand upon those receiving bitingual pay, and shalt also evaiuate whether there is. demand for specific languages other than those currently approved for bilingual pay. The LPG shall make a comprehensive recommendation to the Chief regarding the department's need, quali?cations, pay rate, and quaiifying languages PAID TIME QFF The Department uses a leave program designated as Paid Time Off, The PTO program became effective on September 1, 2001? PTO shalt continue to incorporate and replace the present sick and vacation ieave banks but shaii speci?caliy exclude the compensatory time off bank and holiday leave. A compiete description of the PTO program is set forth in Exhibit attached hereto and incorporated by reference herein as though set forth verbatim. Benefits under the PTO program shall begin to accrue for new empioyees in the first fuli pay period after the empioyee becomes a probationary police officer. Any ieave, other than compensatory time, accumulated white in the CSL Plan will convert on an hour for hour basis to the officer?s PTO bank on the officer?s sworn date. PTO leave shaii be based upon a benefit year. if an officer, whose bank is approaching or has exceeded the appiicable PTO cap, timely requested ieave to prevent a loss of accruals and the Department did not aiiow the officer to take the leave, the officer shail be aiiowed to carry over the 120 hours plus any additionai hours of leave he requested but was not aliowed to by the Department, A. Since accruals are binweekiy, this may result in a subtraction of hours from an officer?s PTO bank. 8. In order to avoid any forfeiture of hours, the officer must request time off Meet Confer Agreement Page ~57-a from the Department at ieast ninety days before the end of the benefit year in which the PTO Hours were received, Officers may schedule and take up to 320 hours of PTO within a benefit year. An officer may scheduie and take up to 720 hours of PTO in a benefit year with the approval of the Chief of Potice. A ieave event is unscheduled, regardless of ieave type, if the teave is requested less than 24 (twenty?four) hours prtor to the start of the leave being requested unless there is an open position in the Red Book or approved by a supervisor. A. More than 8 (eight) unscheduled ieave events in a benefit year may reqdire a physician?s statement to be compensated. B. In the event that a supervisor requires a physician?s statement prior to the eighth event, the supervisor shat] be required to immediately document in an email to the division commander, with a co to the of?cer, detailing the reasons for the request prior to the end of the shift. Failure to send the email prior to the end of affected shift shalt void the order. (3. If a single day of leave is taken for any reason, the leave event is considered a single event. D. if the leave is requested for any reason and extends beyond one day, including two or more consecutive days up to a maximum of three days, the total amount of time taken during that absence shail be considered a singie event. E. if the teave time requested extends beyond one day and the dates are not consecutive and tnciude regular days off or holidays, then each day that unsoheduted time is requested may be considered a separate unscheduled event. PTO taken for heaith related reasons require noti?cation to the supervisor that there is an underiying health related basis for the leave requested. it there is a serious heatth condition of an of?cer or a member of his/her family such that FMLA leave would be appropriate, when requesting PTO tor such protected leave, the Of?cer should indicate any FMLA or ADA reiated basis for such teave. A. Noti?cation of a serious health condition requiring FMLA teave is mandatory so that the of?cer may receive the statutory and other notices and be sent any documentation/ceni?cation necessary to qualify for such protected leave. PTO is not a short or long term disability program and is not meant for extended absences. A. It an officer needs to take an extended leave of absence, the some authorization requirements appiy under the Code of Ordinances Meet Confer Agreement Page ?58- 10. ARTICLE 35: 1. whether such leave is paid or unpaid and whether or not uitimateiy compensated under the officer?s PTO balance or any other form of benefits or unpaid. Ali other leave currently authorized by city ordinance and departmentai poiicy wilt remain in effect uniess modi?ed by city council. The City may exercise the option to offer to purchase officers PTO Hours. it shall be the officer's soie discretion to accept or reject any offer from the City to purchase their PTO Hours. EXEMPT EMPLOYEE COMPENSATION Exempt officers are considered exempt from overtime compensation for ail intents and purposes under the Fair Labor Standards Act. Ali compensatory time balances that exempt of?cers had on December 31, 2001 were frozen in a reserve bank at the officer?s rate of pay (ail pay except equipment and clothing aliowance) on that date and may be utilized in the normal course of business, paid at retirement or utilized in the Phase Down Program. See definitions Artiste of this Agreement for identity of exempt of?cers. Lieutenants Captains -- Qualified Exernpt Status A. Even though Lieutenants and Captains are currentiy exempt under FLSA regutations, the City agrees to authorize Exempt Time Compensation or Exempt Time Credit (ETC) for hours worked in excess of the regular duty hours on a deity basis. 8. The Department snail determine whether Exempt Time will be compensation or credit. C. For Lieutenants. Exempt Time Credit shaii be earned at one and one? half hours for each hour actuatly worked. Exempt Time Compensation for pay shalt continue to be earned on an hour=for?hour basis. D. For Captains, Exempt Time Compensation for pay and for Credit shalt continue to be earned on an hourufonhour basis. Exempt Time Credit earned and accrued shall have no cash value. Utilization of exempt tirne credit shalt be on an hour??for?hour basis. Beginning on the date of the ratification of this Agreement. Exempt Time Credit banks will be capped at 480 hours. Empioyees with more than 480 hours of exempt time credit on the date of ratification shaii not be aiiowed to accrue additional Exempt Time Credit untii their bank is beiow the cap. Exempt Time Compensation wilt be considered assignment pay. Straight time rate ct pay includes base pay and longevity pay only. Meet 8: Confer Agreement Page ~59? 36: TifatE ACCRUAL All noneexernpt officers may accumuiate up to a maximum or 480 hours of compensatory time. Arty hours accumuiated in excess of 480 shail be paid automaticain as overtime in comptiance with alt state, iocal and federal laws. All compensatory time balances that non-exempt of?cers had on t2?31-200?i were frozen at the officer's rate of pay (ail pay except equipment and ciothing aiiowance) on that date and may be in the normai course of business, paid at retirement or utilized in the Phase Down Program. Compensatory Tirne Use. An officer who requests to take accrued compensatory time off shall be allowed to do so, provided: A. the request is made no iess than (72) hours prior to the beginning of the shift during which the time off is to be used; and, 8. no timely request to use compensatory time off shalt be refused unless the refusal is preceded by an effort to ?nd a replacement officer in accordance with the foilowing procedure: 3. The ?Red Book? currently used to sign up for time off is fuii under Department established rninimurn staffing teyels. it is expressiy agreed and presumed that operation of the Department below these ieyels wouid create an undue burden on the deiiyery of poiice service during the shift. 2. If the ?Red Book? is fult, the of?cer requesting the time off may find a quaiifred of?cer desiring to work as a replacement. i. An officer may use a replacement for compensatory time off a maximum of two times a month. See 808? Articie for guidance on a replacement officer. 3. Any request more than twice a month may be approved or denied by the Department at its sole discretion. a. If no repiacement is found the request may be refused but not soleiy on the basis of preestabiished staf?ng tevels. A refusal under these ruies will constitute a vaiid determination that without the officer, the delivery of necessary police services on the day and during the shift wouid be jeopardized. The equipment and ciothing aliowance is a reimbursement and shall not be included in the FLSA regular rate of pay for any purpose including overtime oatcuiations. Mandatory Overtime or Court Attendance. A. Any nonwexempt of?cer who is ordered to work overtime or to attend any court or judiciai proceeding in hislher off~duty time as required because of his/her duties as a Houston F?oiice Officer, will be paid overtime at the officer?s election in either cash and/or compensatory Meet Confer Agreement Page ~60? 37: 3. ARTICLE 38: 1. time. B. A nonwexempt officer, if quaiified, may voiunteer to work overtime at straight time (as assignment pay) and/or compensatory time at the of?cer?s election in either cash and/or compensatory time. STRATEGIC STAFFING PROGRAM (SOSP) The provision of an 86 hour 14?day pay period overtime trigger for repiacement reimbursement time will be treated under the Texas Local Government Code, Chapter t42.00t7, as a provision of the Meet and Confer Agreement, and as such, an exception for the e?uhour rule set forth in the Code of Ordinances. A. Any ieave time taken during a ?lax-day pay period wilt not count as actual time worked for purposes of catcciating FLSA overtime in the Strategic Officer Staffing Program. An officer may not volunteer as a replacement officer for time during which he or she is otherwise scheduled to work. At the Department?s option, time as a repiacemertt of?cer shaii be paid at straight time (base, iongevity and training oniy) as an assignment pay; or will be credited to an officer?s compensatory time bank at time and one-half. No officer may volunteer as a repiacernent for another officer for whom the repiacement has volunteered in the previous pay period oniess specificain authorized by the shift commander. Peptacement officer volunteers are not quaiified for straight time pay unless the replacement of?cer works less than 86 hours in a iawday pay period. The 86 hour 14-day pay period will appiy oniy to voiunteer replacement officers? time. The Meat and Confer Agreement wilt continue to set the overtime compensation rules for all other work. SOSP compensation in the form of pay for police officers and senior police of?cers and sergeants will inciude Base Pay, Longevity Pay and HPD Training Pay. - A. The HPD Strategic Officer Staffing Account will continue to be funded at a minimum of one mitlion doliars with no mandatory increase for any fiscai years foliowing. Officers participating in the Phase Down Program are not allowed to work any HPD SOSP programs without the prior written approval of the Chief of Police. OFFICER HEALTH BENEFYTS During the term of this Agreement, the foltowing conditions wiil apply to the medical benefits and contribution leveis for employees covered by this Agreement. Meet a Confer Agreement Page =61- Employees covered by this Agreement wit! continue to be etigibte to enrott in the heatth pleas offered to .city empioyees,_ at theseme benefit levets that are in effect as. at the effective date of this Agreement with the following conditions: A. it the heatth bene?ts plan design changes are required in order to keep the plans reasonebty priced during this Agreement, those ptan changes that are appticable to other city emptoyees will eppty to the emptoyees covered by this Agreement. This Agreement in ne way limits the scope or type of ptaa design changes that the City may implement for its severed population of employees, retirees, and dependents nor does it prohibit the City from exercising Termination For Cause procedures with the vendor or changing vendors, it necessary. The City shall contribute no less to employee?s health coverage than it contributes to other city employees? health coverage. A, This City?s contribution inctudes premiums, ctetms, prescription payments, and the administrative/interest tees currently inctuded in the catculatton. Meet 8: Confer Agreement Page ?62? ARTICLE 39: Article 40: t. B. This current contribution ratelratio does not include any future cost increase that is a result of any actions by any other governmental bodies which would resuit in a legislative change in benefits that the City does not anticipate. Eligible employees covered by this Agreement shalt pay no premium or component higher than any. other city employee group. As of the City's revised health pian implementation date, the ratio that is established between active and retiree health insurance premiums for officers and dependents of comparable plans shall be no greater than the initial ratios established by the City with respect to such plans for the duration of this Agreement. A. For additional related information bearing on Phase Down Of?cers eligibility for active rates, refer to the applicable provisions contained in the Phase Down Article contained in this Agreement. For the term of this contract any empioyee/spouse/dependent who opts out of any of the City?s Health Benefit Plans is guaranteed a one (3) time option to opt back into any of the City?s Health Benefit Plans in existence at the time of their desired reentry so long the employee/spouse/dependent has continuously maintained health insurance during their absence from the City?s Health Bene?t Plans. CCMIALESCEET QFEICEE LEAVE PQOL The City agrees to maintain the convalescent leave pool established in the prior contract. Any PTO hours that would be lost as a result of officers exceeding the number of hours that may accumulated and carried forward in a benefit year will be donated and rolied into the convalescent ieave pooi. Hours in the convalescent leave pool are not tied to the rate at pay of the officer donating such time. The LRC is empowered to review and approve of?cers who are eiigible to utilize the convalescent hours consistent with the Department?s existing poiioy. Any of the LRC to agree to an officer?s entitlement to utilize the pool will be determined by the Chief, whose decision will be final and binding. seasons; cave (so) The award of any Personal Fitness and Training hours pursuant to the 2011 Meet and Confer Agreement shall cease effective August 31, 5. The following shall apply beginning on September 2015: Ail PO's and sworn before March 30, 20t?l, shall receive 160 hours of PD per benefit Meet Confer Agreement Page ?63? year. Ail Sergeants and above sworn before March 30, 2011, shalt receive 80 hours of PD per benefit year. Ail PO's and sworn on or after March 30, 2011, shalt receive t20 hours of PD per benefit year. At! Sergeants and above sworn or: or after March 30. 2011, shall receive as hours of PD per benefit yeah A. C. The PD hours shalt be credited to each of?cer on September 1 of each benefit year after the execution of this Agreement. Any officer who becomes ettgible for PD hours after the beginning of a benefit year shalt receive a number of PD hours for the remaining months in the benefit year. PD hours may be used for personal reasons and for any approved Family Medicai Leave absence. Despite passage of the PAT, the award of PFT pursuant to the 2011 Meet and Confer Agreemth shalt cease. instead, one-time adjustments for transition to PD program shati be as follows: A. As a one-time adjustment, those officers swom before March 30, 20t that have taker: and passed the PAT between September t, 2014, sod August 31, 2015, wilt receive eight hours of additionai time in the form of PD hours on September 1, 205. As a one-time adjustment, those of?cers sworn between March 30, 2011 and Juty 1, 2013, that have taken and passed the PAT between September 1, 2014, and August 31, 2015, wilt receive 48 hours of additionat time in the form of PD hours on September t, 2035. As a one?time adjustment, those officers sworn after Juiy t, 20% 3, that have taken and passed the PAT between September 1, 2014, and August 3t, 20t 5, wit! receive 48t hours of additional time in the form of PD hours or: September 1, 20t5. Accordingly, oo individuat shatl receive PFT, Ali Officers and Senior Potice Of?cers witl receive a maximum of hours of PD days on September 2015. Ali Sergeants and above witl receive a maximum of 88 PD hours on September 1, 2015. At! PD Hours must be during the benefit year in which they were received, otherwise they will be forfeited. A. tn order to avoid any forfeiture of hours, the officer must request time off from the Department at least ninety days before the and of the benefit year in which the PD Hours were received. Meet Confer Agreement Page ?641w B. It the officet timeiy requested the PD Hours to prevent the loss of time and the Department did not aliow the officer to take the leave requested, the otticer shail be aliowed to carry over the Pt) Hours they were not allowed to by the Department. 5. PD Hours shalt have no cash vaiue or: termination and shat! not be counted as time worked for the purposes of noe~exempt employees voluntarily working Strategic Of?cer Staffing Program assignments, 6. The City may exercise the option to offer to purchase otiicers? PD Hours. it shail be the officer's soie discretion to accept or reject any offer from the City to purchase their PD Hours. if the officer accepts the City offer to purchase their PD Hours, the toiiowieg guideiines apply: A. The City must notify officers of its decision to exercise its option to purchase PD Hours from of?cers at least thirty days prior to the beginning of the bene?t year in which the PD Hours wilt be received. ARTICLE 4?1: PHYSICAL FITNESS AGILIW 1. Physicai Agility Test A. Officers covered by this Agreement, except for those in Phase Caste, may participate in a Physical Test (PAT) at least once in a 12 month period. 8, The test shail iaciude the foilowing with the corresponding minimum requirements to be met in order to obtain the Physical Agility Test benefit described below: 1. 1.5 mite rec - To be compieted in a maximum time of 17:00 minutes i. Alternate test Bike Test with score of 31.9 or higher according to the Astraed ?tness test 300 meter ran To toe compieted in a maximum time of 71 seconds Agility run a To be completed in a maximum time of t8.2 seconds Push~Ups Must be abie to complete 22 push?ops i. Alternate test 8 Bench Press a minimum of .63 times body weight Vertical Jump of t8.5 inches i. Alternate test Leg Press 2.1 of body weight Meet Confer Agreement Page ?65* C. Exhibit attached hereto sets forth the detailed requirements which are incorporated by reference herein as though set forth verbatim. D. PAT attempts shall be compieted otfaduty. Officers white participating in the PAT or training at an HPD authorized location wilt be covered by the provisions of the workers compensation law unless excluded by the Act and/or court decisions. 2. Beginning on September 1, 2015, depending on sworn date, officers are eligible to be awarded either PD hours or PAT award money for passing the PAT in accordance with the terms below. No officer is eiigible to receive both PAT awarded PD hours and PAT award money under any circumstance. A. PAT award for of?cers sworn on or after March 30, 2011: Officers who take and pass the PAT during the Benefit Year (September tm-Aagust 31).shaii be awarded 40 additional hours of Personai Days (PC) at the beginning of the toliowing bene?t Year on September 13?. No of?cer shall be awarded PD hours more than once per Benefit year for passing the PAT. B. PAT award for officers sworn prior to March 30, 2011: Beginning September 1, 2015, as announced by the Department, of?cers may voluntarily take the PAT during each fiscai year (July i am June 30). The first 1250 officers who pass the PAT in each ?scal year shalt be awarded, via payroll, $800.00, no later than 00 days after the of?cer passed the PAT. No of?cer shall be awarded more than once per tiscal year for passing the PAT. Notwithstanding the number of of?cers who actually pass the PAT, the City shat! have no obligation to award more than a total of $1 doilars in PAT award money per fiscai year on a first come ?rst pass basis. In its sole discretion, the City may choose to award more than $3 million dollars in PAT award money in any fiscai year if the City determines that additional funding is available for this purpose. 42: PCPCE 1. If the implements a force reduction resulting in the demotion or dismissal" of of?cers, the shail utilize the procedures specified in the $43085, TLGC except that any reinstatement list created as a result of such force reduction shaii remain in effect until exhausted. 2. The reinstatement list shatl exist for three (3) years during which no positions may be titted by any other method or process, 3. If an officer is demoted as a result of force reduction, that demoted of?cer shall be promoted to his former position before any other of?cer is pieced in his vacant former position as a resuit of any appointment or promotionai process. Meet Confer Agreement Page ARTICLE 43: POLICE DUTY Effective upon ratification of this Agreement the Police Memoriai shaii be guarded by uniformed ciassified personnel 24~hours per day. The Department shaii assign personnei accordingly. ARTICLE 44: ?30. 1?1. VOLUNTARY SEPARATION PHASE DOWN PROGRAM The Phase Down Program (PDP) provides officers an option to the current lump sum cash distribution of paid time. off, sick, vacation and compensatory time ieave balances. Phase Down wit! aliow officers with an eiection to take leave and extend the payment of their accrued PTO ieave bank baiance and compensatory leave hank over a period of time up to and including the totai amount of leave in their banks. There are four (4) Options in Phase Down: Option A, Option 8, Option and {Deferred Cash~Out Option (BOO) Of?cers entering phase down shalt be entitled to pay active empioyee insurance rates for up to four (4) years. The calculation of the years shall commence from the officer?s actual date of entry into phase down. Officers who entered phase down on or prior to June 30, 2011, shaii be governed by the health insurance provisions in the phase down program as contained in the 2001 Meet and Center Agreement with the 2003 and 2004 Amendments. The officer?s Leave Bank shalt be vetoed and paid on their final fuli pay period immediately betore entering the POP for Option A, B, and oniy. PPT and PC) Home shall be usable in the Phase Down Program (POP) and shaii be burned before ail other time. if an officer cashes out early helshe wit! not have their pay rate adjusted as described above. The final rate of pay shatl be tecaicuiated to inctude the officer?s Base Pay, Longevity Pay, HPD Training Pay and Education incentive Pay the officer would be receiving on the same date had he/she not eiected to participate in the PDP. During the time an otficei? is participating in Phase Down, the of?cer shall not accrue PTO ieave. The first day of the officer?s participating in Phase Down shall not be deducted from the officer?s leave bank and shaii be designated as a processing day. if an officer in Phase Down dies, the balance of his Phase Down bank shalt be Meet Confer Agreement Page 12, ?t3. paid to his designated beneficiary. The value shall be determined based upon the value at which it was accrued. The leave in an of?cer?s Phase Down bank shall be in accordance with the accounting principle of ?first in ?rst out". An exception to this principle is stated above, specificaliy, that and PD hours shaii be burned first. Another exception is the 75% of up to 1040 hours in an officer's No Value Leave (NV-L.) bank shall not be utilized unless the officer is suffering a tong? term disability and has exhausted all other leave and the incident which caused the longuterrn disability was not a work related incident for which the officer would or is receiving workers compensation benefits. A. Except that for officers entering phase down after March 30, ZGt?i will be entitied to utilize a portion of the hours listed above in the foliowing manner: Ail officers with less than fifteen years of service (sworn date) on March 30, 2011, will be entitled to use up to 150 hours of NVL time in phase down. All officers with fifteen years of service (sworn date) or more but less than twenty years of service (sworn date) on March 39, 2911, will be entitled to use up to 250 hours of NVL time in phase down. All officers with twenty years or more of service (sworn date) on March 30, 20H, will be entitied to use up to we hours of NVL tirne in phase down. Officers who elect to participate in the Phase Down Program wiil be subject to the toilowirrg conditions and privileges: A. PROCEDURES FOR OPTIONS A, AND 1. Officers may elect to participate in PDP based upon total classified police departmental seniority. Seniority shall be based upon the seniority iist produced by Empioyee Services Division in accordance with Departmental policy in effect when this Agreement is ratified and thereafter. Priority election periods are done ?i to June 20 and {December 1 to December 20. in the event there are unfilled positions after the "priority eiection period? as described above, those positions shalt be tilted on a deity basis by those seeking to participate in the PDP. After the ?priority eiection period?, unfilled positions in the PDP wilt continue to convert to police of?cer positions, Grade ill and N, within the test ten (i0) days of a phase down period. The Chief of Police may, at his discretion increase the number of phase down positions in any rank. After the ?election priority period? seniority will be used as a Meet Confer Agreement Page tiebreaker for employees signing up on the same business day. The fiiling of vacancies in the PDP after the ?priority eiection period? wili be with regard to when the emptoyee signed the irrevocable Eiection F-?orm, not when the employee chooses to begin phasing down. The employee must have compieted 20 years of ciassi?ed service before belshe may sign up in the election process. Once an of?cer has been noti?ed of his seiection, the of?cer wit! execute a written IRREVOCABLE election to commence his participation in Phase Down. The form utilized to commence an officer?s participation in Phase Down shail contain at least the fotiovving information: i. Officer?s name, address, phone number and payroli number; ii. Date the form is completed; Effective date of the election to commence participation in Phase Down which must be within the current election pedod; iv. Language as may tater be agreed upon by the MBA and the Department advising the of?cer his eiection to commence participation in Phase Down is IRREVOCABLE. Such language shail be in ail caps and underiined so as to be conspicuous; v. The designation of a beneficiary; vi. Whether the of?cer is suffering from an incapacitating injury, as described herein; and vii. Officer Signature. Upon the effective date of an of?cer election to commence participation in Phase Down, that officer?s position in the Department is vacant as a matter of iaw. The vacancy shall be titled in accordance with the applicable provisions of the Texas Locai Government Code, to include ?143.t08, and as the Code or this section may be amended from time to time, and the teievant case law, The officer?s election to commence participation is except under the foliowing conditions: i. When the officer, on the effective date of his election to participate in Phase Down, is suffering an injury in the course and scope of his duties which occurred on or before the effective date of the eiection. it the officer is returned to foil duty by his treating physician, the officer Meet Confer Agreement Page =89~ 1e. 15. ?l6. i7. 18. shalt immediately be pieced into Phase Down effective on the date of his release to full duty. ii. If the officer?s injury is an incapacitating injury, the officer shall have 30 (thirty) days from the date he is returned to fell duty to decide whether to enter Phase Down immediately or he may choose to enroli during the next scheduled sign up period. An incapacitating injury is defined as an injury which in the opinion of the treating physician would prevent the of?cer from returning to fuli duty within 60 (sixty) days of the election date to commence participation in Phase Down. The opinion of the treating physician shall be based upon a reasonahie degree of medical certainty. 7. in the event an employee removes his name from a Phase Down list, or for whatever reason does not enter into the Phase Down Program, no Phase Down vacancy wilt be created by such a withdrawal/situation. 8. Once a vacant Phase Down position is assigned an emptoyee, it will not be reopened for any purpose. 9. Phase Down periods shail be January 1 through June 30 and duty through December 31. to. The enroilment list created under each election period shall expire at the end of the respective Phase Down period. Of?cers who participate in Option A or Option will receive additional limited compensation for certain actions performed in the course and scope of their employment by the Houston Police Department. Officers will be compensated at straight time (base pay and longevity pay only) in one-half hour (1/2 hour) increments, for such things as court attendance (as a factuai witness) and other duties performed or actions taken in an official capacity as a Houston Police Officer, and approved by the Chief of Police. The police department wilt establish criteria and procedures outlined in General Order 300-35 whereby an officer may submit requests for and receive suchapproved additional compensation. An officer participating in either Phase Down Options A or 8 who assumes and of?ce of civil emolument wilt have the remaining balance of his Phase Down bani: converted to Option or the Deferred Cash-Out Option at the officer's election, effective on the date the officer takes the oath of office, or assumes the job duties, whichever comes first. The value of the Phase Down bank or the Deferred Cash?Out Option wilt be determined based upon the value at which it was accrued. Meet Confer Agreement Page ~70? 19. There is no recalculatiort or re?evaiuation of as officer?s Phase {Bows bank when changing from one Phase Down Option to another or changing to the Deferred Cash-:Out Option, regardless of the reasons for change, 20. A A. The number of participants for Option A are as foliows with 3?7 participants in the Jone priority election period and 38 in the December priority etectiort period: June Priority Period: Assistant Chief or above 1 or toes Captain, Class CwGrade 2 or toes Lieutenant, Class C?Grade Vill 3 or iess Sergeant/Ciass C?Grade Vl 8 or tees 23 plus the remainder of the 87 not Police Of?cer Grades lit and IV tilted by the ranks of sergeant, iieotenant, captain or assistant chief within the last to days of the phase down period December Priority Period: Assistant Chief or above 1 or less Captain, Class C~Grade 3 or less Lieutenant, Class C?Grade 4 or less Sergeant/Class C?Grade V1 7 or less 23 plus the remainder of the 38 not Poiice Officer Grades and iV ?lled by the ranks of sergeant, lieutenant, captain or assistant chief within the last to days of the phase down period B. Officers in Option A are considered actively employed as a classified member of the City of Houston Police Department. Meet Confer Agreement Page ?71- Officers shail be paid base, iongevity, training and education pays on a bimweekly basis for 80 hours. Not eligible for pay increases. May work departmentaliy approved extra jobs and SOSP with a combined maximum of 40 hours per week. Officers shalt receive credit day for day for each city hoiiday. With approvai from the Chief of Police an officer may work overtime but witi be paid for iongevity and base pay oniy and at one?half hour increments. An officer may withdraw from Option A and eiect to participate in OCO at any time. In the event an officer accepts an offer of civii emoiument, he may elect to participate in DCO or Option at his discretion. There be no iurnp sum payout. The of?cer strait observe and be paid for City Holidays, as designated by City Councii, except for the ?oating holiday. Such hotiday observation shalt not cause a deduction in the officer?s Phase Down bank. Officers are permitted to obtain gainful employment of a poiice and/or nonupoiice related nature. Extra employment shalt require approval of the {Department Approval of extra emptoyment shail be in accordance with the General Orders of the Department. The Chief of at his sole discretion, may revoke an extra emptoyment permit without any right of appeal. in the event of the death of an of?cer participating in Option A, the balance of this Phase Down bank shall be paid to his designated beneficiary or estate. The lump sum value shalt be determined based upon the value at which it was accrued. Each officer participating in Phase Down shalt maintain ali rights, benefits, incentives, ailowances, privileges and immunities as provided for by statute, ordinance, agreement and/or common law that the officer enjoyed prior to entering Phase Down, except as expressly noted herein. Meet Confer Agreement Page ~72? 2?1. OPTION 8 A. The number of participants for Option are as follows with 75 participants in the June priority eiection period and 75 in the December priority election period: June Priority Period: Assistant Chief or above 2 or tees Captain, Ciass C?Grade 5 or iess Lieutenant, Cia'ss C?Grade Viti 7 or less Sergeant/Class C~Grade VI 15 or iess 46 pius the remainder of the 75 hot Poiice Officer Grades ill and iV tilted by the ranks of sergeant, lieutenant, captain or assistant - chief within the test 10 days of the phase down period December htiot?ity Period: Assistant Chief or above 3 or iess Captain, Ciass C?Grade 5 or tees Lieutenant. Ctass C?Gtade Viil 8 or tees Sergeant/Class CuGrade Vi i5 or less 44 pies the remainder of the '75 not Poiice Officer Grades lit and IV tilted by the ranks of sergeant, lieutenant, captaio or assistant chief within the last 10 days at the phase down period B. Ah officer electing Option shall have the foiiowihg priviteges and benefits: 1. The officer shalt receive his base pay, longevity pay, ttainirtg pay and education pay equal to the number of hours in his cash Meet Confer Agreement Page ?73w valued ieave banks; The pays, as described in above, shalt be paid at the rate of forty (40) home per two week pay period; Officers who begin participation in Option B, and who have not switched from another plan will receive alt subsequent biuweekly base pay increases schednied to take effect during that same ?scai year. Such pay increases, regardless of the date schedeied to take effect during that fiscal year, wilt appear on the last fuli pay check prior to the first day the of?cer begins participation in Option During the time an officer is participating in Option B, he wilt be aiiovved to work a combined total of 60 hours of extra employment andlor Strategic Of?cer Staffing Program (808?) approved by the department per week. The number of extra employment hours, and/or approved hours atlowed for each week is appiicable oniy to officers participating in Option B. All officers participating in Option are responsible for compliance with ali other provisions of the department's extra employment policy and policies regarding Failure to comply with such poiicies may result in the officer?s extra employment privileges being revoked with no right of grievance or right to appeal; During the time an officer is participating in Option the of?cer shalt observe and receive one~halt (312) days? pay (4 hours) for City Holidays as designated by City Council, except for the ?oating holiday. An officer, regardless of rank, may elect to revoke his eieotion/participation in Option in tavor of participating in Option or the Deferred Cash Out Option. An officer who seiects Option may not revoke his eiection in favor of receiving a lump earn cash payment; Seniority earned white participating in Option will be a ohe~half the rate earned by an active employee; During the period of time an officer is participating in Option B, the officer is considered actively empioyed as a classified rnernber of the City of Houston Police Department; and In the event of the death of an officer participating in Option B, the balance of this Phase Down bank shall be paid to his designated beneficiary or estate. The lump sum value shaii be determined based upon the vaiue at which it was accrued. Each officer participating in Phase Down shall maintain all rights, benefits, incentives, ailowances, privileges and immunities as provided Meet Confer Agreement Page ?74? 22. 23. for by statute, ordinance, agreement and/or common law that the officer enjoyed prior to entering Phase Down, except as expressly noted herein. REQUTRED FOR OPTIONS A A. Officers in Phase Down must obtain sufficient in-service training to compiy with training standards as promulgated by the Texas Commission on Law Enforcement (TCOLE). This training shalt be completed on the officer?s own time and expense. The Department make availabie facilities for of?cers to receive the redoired TCOLE training at the Academy. Training shail be posted on the Department's Web site. An of?cer may also elect to obtain the required TCOLE training at the of?cer?s expense from another source. If the Department requires an officer in Phase Down to attend an in? service course other than those required by TCOLE, the time spent by the officer at the mandatory training shalt not be deducted from the officer?s Phase Down bank. The officer must be notified by the Department of this requirement by certi?ed mail return receipt requested mailed to the officer?s last known address as provided at the time of entry into Phase Down. Officers, on their own tires, must also quality with their primary duty weapon pursuant to standards established by the Department except that an officer in Phase Down must quality during hislher birthday month. Proof of participation in or attendance at inuservice training at a provider other than the HPD Academy shall be fonrvarded by the officer to the Houston Poiice Department Certification Office. Such information shat! be fonaarded in such form as required by the Houston Poiice Department Certi?cation Office in order that the training and quaiification information may be forwarded to TCOLE. Paiiure to ful?il these requirements may resuit in disciplinary action and affect the officer?s peace officer iicense status arid/or removal from the PDP. RETURNING TO ACTIVE FROM A A. if a person of the rank of poiice officer or senior poiice of?cer wishes to withdraw from participation in Options A or and return to active service, the officer must submit a written request to the Chief of Police. The Chief of Police, at his sole discretion, may approve or deny the request. If the Chief of Police approves the request the officer wit! return to duty with no break of service for purposes of tenure with the Houston Police Department. Such person will continue to be governed by any and at! statutory and Meet 8? Confer provisions associated with Meat Confer Agreement Page the employee?s pension plan (Note: current iaw for an HPOPS member is that he is iocked in at the rate he entered if a person of the rank of Sergeant or higher wishes to withdraw his election to participate or his participation in Option A or and remain/return to active service, the supervisor must submit a written request to the Chief of Poiice. i. The Chief of Police, at his sole discretion, may approve or deny the request. However, if the request is granted by the Chief of Police the person shalt remainlreturn to active duty at the rank of poiice of?cer or senior poiice of?cer, and oniy if such a vacancy exists for a poiice of?cer or senior police officer. 2. in such a case, there shalt be no break in service for purposes of tenure with the Houston Poiice Department. Such person continue to be governed by any and sit statutory and Meet Confer provisions associated with the empioyee?s pension pian (Note: current iaw for an HPOPS member is that he is locked in at the rate he entered A person returning from participating in Options A or wiil not be eligibie to take a promotion exam for 2 years from date of his withdrawal of election/participation. 24. IN COURSE AND SCOPE REMOVAL FROM A 8: C. it an officer in Phase Down Options A or is injured in the coarse and scope of his employment as a poiice officer, as defined by statute and case law, and the officer suffers an incapacitating injury which endures for sixty days or more, the officers election to participate in Phase Down may be voided and the officer may elect to receive a lump sum payrnent for the baiance of his leave bank. 1, This eiection shail be at the discretion of the otficer. Such payment of the lump sure shalt be made to the of?cer in a timeiy manner, 2. This voiding of the eiection and the receipt of a iurnp sum payment shall not affect any worker?s compensation medical or indemnity payments or any other rotated benefits to which the of?cer may be entitled. 3. There shaft be no eatery continuation benefits, as provided for by Sec,142.008, TLGC after the date the Phase Down etection is voided due to the incapacitating injury and the iump sum payment benefit is paid. 25, REMOVAL FROM OPTIONS A 8; D. in the event an of?cer who is in Phase Down A or has committed a serious act of misconduct, the Chief of Police, at his acts discretion, Meet a Confer Agreement Page 576? 26. may revoke the officer?s participation in Phase Down and tender to the officer a lump sent payment caicuiated in accordance with this Agreement. A limited appeai may be taken by the officer. The appeai be heard by the same arbitrators who have been selected to hear contract grievances. The decision of the arbitrator shat! be limited to upholding the Chief of Poiice's decision to revoke the officer?s participation in Phase Down or returning the officer to the same Phase Down option. The Department shalt have the burden of proof by a preponderance of the evidence. In order to appeal such a decision by the Chief of Police, the officer may refuse the tender of the lump sum payment and fife a written appeal indicating he disagrees with the decision of the Chief of Poiice. This appeal shall be tried with the HR Director within fifteen calendar days of the date the officer receives written notification from the Chief of Poiice that the Chief has elected to revoke the of?cer?s participation in Phase Down. The hearing shaii be held within sixty days and a written opinion shall be tendered to the parties within ?fteen days of the ciose of the hearing. Only one continuance may be granted per side that may not exceed fifteen days for good cause shown or for of the arbitrator. 1. in no event may a continuance be granted for more than fifteen days. The of?cer shall continue in Phase Down during the pendency of the appeai. 2. The decision of the arbitrator is final and binding on the parties. Costs shall be divided equally between the Department and the appealing officer. G. The number of ciassified employees aliowed to sign up for participation in Option wit! be limited to each priority election period, not inciuding those officers switching from another Phase {Down Option. There be no structured sign up for Option based on rank. Any ties in seniority wiil be broken in accordance with the department's established policy and practice regarding tie?breakers. An officer eiecting Option shalt have the foliowing priviieges and benefits: 1. Officers eiecting Option shall be considered retired; 2. The officer shalt receive only his base pay and iongevity pay equal to the number of hours in his cash vaiued leave banks, except for compensatory time banks which wilt be paid in accordance with applicabie PLSA goideiines; 3. The pays, as described above, shail be paid at the rate of forty Meet 8; Confer Agreement Page ~77? (40) hour per two week pay period; 4. Officers who begin participation in Option C, and who have not switched from another pian, will receive subsequent biwweekiy base pay increases scheduled to take effect during that same fiscai year. Such pay increases, regardiess of the date scheduled to take effect during that fiscal year wiil appear on the last fut! paycheck prior to the first day the of?cer begins participation in Option 5. An officer eiecting to participate in Option may not return to active duty with the Houston Poiice Department. The Houston Police Department will notify TOOLE of the officer?s change in status upon his entry in Option 6. An officer, regardiess of rank, may elect to revoke his election/participation in Option in favor of participating in the Deferred Cash Out Option. An of?cer who selects Option may not revoke his election in favor of receiving a iump sum cash payment commoniy referred to as ?drag up? pay; and, in the event of the death of an officer participating in Option C, the baiance of his Phase Down bank shaft be paid to his designated beneficiary or estate. The lump sum value shaft be determined based upon the value at which it was accrued. 27. DEFERRED AND ROLLOVER ELECTION A. Prior to the Meet and Confer Agreements, officers electing to retire outright rather than enter one of the Phase Down Options received the traditionat iurnp sum cash payout typicain referred to as ?drag up pay? in accordance with ?148.115, ?143.ti55, and $43116 of the Texas Locai Government Code. The Deferred Cash?Out Option wiil now become the default method for all officers retiring from the department. As such, there are no designated sign up periods or limitations on the number of officers allowed to participate in the Deferred Cash?Out Option. Officers participating in this Option shaii have the following privileges and benefits: An officer's cash value ieave banks shall be valued in the same manner as currently calculated for officers electing the lump sum payment commoniy known as ?drag up? pay; 2. After the value of the leave banks have been determined, and the interest rate listed in 3) below has been caicuiated, then an amortization schedule wilt be developed and 130 equal bi-weekly payments of principle and interest shalt be paid to the of?ce over a period of five (5) years; Meet Confer Agreement Page "78- 28. 29. 4. Officers shaii earn interest at a rate equai to that of the 5~Year Federal Treasury Note as published in the Capital Treasury Department?s Daily Yieid Curve Rates at the ?Dain bid yieid? rate that was in effect on the date the officer signed this election option, plus and An officer wili be considered retired. in the event an officer does not wish to participate in the Deferred Cash?Out Option, upon separation from the Department the of?cer have a one-time opportunity to have his ?drag up? pay rolled over into his HPOPS DROPIPROP, 457, or 457b accoents to the extent ailowed by the pians and law: This election must be made in writing and done prior to the officer?s separation date. 1. There be no iump sum payment made to the of?cer unless required because of an of the Houston Police Of?cers? Pension System (HPOPS), a 457, or 45?7b plan to accept all of the ?certain additionai preatax empioyer contributions? made on behalf of members who have separated from service and are having payments made into HPOPS as authorized by the Meat and Confer AGREEMENT BETWEEN THE HOUSTON OFFICERS SYSTEM AND THE CITY OF HOUSTON. For each each member identi?ed above, the shall indicate the member?s Account that shait receive these employer contributions. in such art event any funds which could not be accepted by HPOPS. a 457, or a 45?7b account wilt be paid to the of?cers in a Lump Sum PayaOut Option as described below. NOTE: ALL OF THE ABOVE LISTED PAYMENT PLANS (PHASE DOWN ORTIONS A, 8, C, AND DEFERRED WILL BE IN THE TRADITIONAL FORMAT AND ON THE DEPARTMENTS BIWEEKLY PAYMENT SCHEDULE. LUMP SUM OPTION A. B. The Lump Sum Pay?Out Option oommoniy referred to as ?drag up? pay now be replaced with the Deferred Cash?Out Option. A Lump Sum Pay-Out Option oniy be received under the foilowing circumstances: 1. an officer resigns before completing 20 years of service; 2. termination or is involuntariiy removed from the Phase Down Program by the Chief of Poiice in accordance with this Meet Confer Agreement; 3. Deductions for health care and coverage wouid be greater than Meet Confer Agreement Page ~79- the officer?s binweekly payment; 4. Deductions for health care and coverage, for whatever reason ever increase to an amount greater than that of the of?cer?s equal bi?weekly payments, the officer will be removed from the Deferred Cash?Oat Option and wiil receive a final iurnp sum payrnent for the remaining principai and any accrued interest; and, 5. In the event of the death of an officer participating in the Deferred Cash?Out Option, the remaining value, inciuding principal and any accrued interest shall be payable to the officer's designated beneficiary or estate as a temp sum; 6. For any funds unable to be paid by the empioyer into either a HPORS, Account, a 457, or 457b account described in the Deferred Oash=Oet Option/Rollover Election provisions of this Agreement. MISCELLANEOUS MATTERS ARTICLE AS: DEFERRED 457m) COMPENSATION REAR i. The City of Houston Council previously authorized (at no cost to the City of Houston) the Majority Bargaining Agent (MBA) to develop the detaiis tor impiementation and roles for participation in one or more 457(b) deterred compensation plans and wiil continue to do so for the duration of this Agreement. 2. This authorization includes the selection of a vendor to administer the plen(s) from a pool of candidate vendors exclusive of the current City of Houston 457 vendon AS: AOSITIORAL TERMS The CitylHEO agrees to: A. Provide every of?cer with a copy of the General Orders and provide copies of Special Orders, Training Boiletins and Rates and Reguiations at each work site. 8. Make an electronic copy of this Agreement available by posting a cepy of the executed Agreement on the department?s intranet. C. Not to engage in the fotlovving: ?i . interference with, restraint, or coercion of officers in the exercise of rights granted in this Agreement; Meet Confer Agreement Page 2. ARTICLE 47: 2, Domination, interference, or assistance in the formation, establishment or administration of any employee organization or contribute financiai support, other than dues and payroii deductions permitted by iavv, to any such organization; 3. Discharge, retaliation or discrimination against any officer because he/she has ?led any affidavit, petition, grievance, or compiaint, or given any information or testimony alieging vioiations of this Agreement, or because he/she has formed, joined, or chosen to be represented by any empioyee organization or union; or, 4. Making or permitting 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. The parties agree that after the rati?cation date of this Agreement, no contract grievance shail be fiied related to any previous Agreement more than thirty (30) days after discovery of such, PHYSICAL ANC MENTAL. FITNESS PRCCEBURES ANQ PROTECTIONS This Artiste preempts TLGC t43.1t15 and provides the exciusive procedure for separating an officer who is determined pursuant to this procedure to be physicain and/or mentaiiy unfit to perform the essential functions of his or her duties. The procedure in this Article may be used if the Chief or the poiice officer questions the report of the poiice officer's personal physician, and/or as it relates to the police officer?s current medical and/or mentai ability to perform the essentiai functions of his or her du?es. On receiving a written order by the Chief to submit a medical questionnaire, the officer shalt request his or her personal physician, and/or as appropriate, to submit to the Chief a report estabiishing whether the officer is physicaliy and/or mentain quaiified to perform the essential functions of the of?cer?s duties. An officer ordered as such must authorize, in writing, the release of the report to the Chief. if the report re?ects that the poiice officer is unabie to perform the essential functions of the officer's duties, and the Department is unable to make a reasonable accommodation, if appiicable, then the Department shall make a written recommendation to the Commission that the Commission enter a final order removing the police officer from active employment with the City. This provision shall apply oniy in the event that neither the officer nor the Department questions the report. Meet Confer Agreement Page ~81? if either party questions the report, the Chief or the police officer shalt submit a request in writing to the Commission to appoint a physician, and/or as apprOpriate, to examine the poiice officer and to submit a report to the Commission. The police officer sheil authorize, in writing, the reiease of the report. Upon receipt, the Commission shaii provide a copy of the report to the Chief and the potice officer. If the report of the appointed physician, and/or con?icts with the report of the officer?s personai physician, or the Commission shell appoint three independent physicians, and or or any combination thereof, as appropriate, to examine the poiice officer. Each board member shalt submit to the Commission a written report of his or her findings regarding whether the police officer is physicain and/"or mentalty fit to perform the essentiai functions of the officer?s duties. The reports shail be provided to the Chief and the police officer. if the reports reflect that the police officer is enable to perform the essentiai functions of the officers duties, and the Department is unable to make a reasonable accommodation, if appiicable, then the Department shatl make a written recommendation to the Commission that the Commission enter a final order removing the poiice officer from active employment with the City. The Commission, at its next regoiarly scheduled meeting after the date it receives the reports and Department recommendations submitted pursuant to paragraph 3 or 5 above, shail determine the police of?cer?s employment status. The police of?cer and his or her representative may appear and be heard at this hearing as prescribed by the roles of the Commission. If the Commission determines that the officer cannot perform the essentiai functions of the officer's duties and the Department has determined that it is not abie to provide a reasonable accommodation, if appiicabie, then the Commission may enter a final order removing the police officer from active empioyment with the City. Such order shail not prejudice the police officer?s ability to seek re?employment with the City in the future, shouid there be a change in the police officer?s physicai or mental condition. The order of the Commission is final and not appeaiable. The Order of the Commission and the Department?s written recommendation to the Commission shall be provided to the officer after the hearing. The poiice officer shalt pay the cost of the services of the person's personal physician, and/or as appropriate. The Department shalt pay the costs of the services of any other physician, and/or required by this Articie. The Commission may not appoint a person to serve on a board appointed under paragraph 4 above, if the person receives any compensation from the City, other than compensation for the person's services as a board member. Meet 8i Confer Agreement Page ~82? 10any time the officer desires a copy of the report of any physician, and/or received pursuant to this Articie the of?cer shall be provided such copy within three (3) business days of a written request. The Commission shail promulgate rules and procedures necessary to implement this section. Complaints of discrimination or retaiiation may not be heard by the Commission and shall instead be handied in accordance with Federal or State law and/or Cit-y policy. PTO Officers may request to donate up to 480 hours of accrued PTO to a fernin member who is also a classified employee of the Houston Police Department and who has been approved for family medicai leave. This provision does not apply to an individual who is in Phase Down, whether as a donor or recipient. A. Family member shall include a parent, spouse, son or daughter as defined by the Family Medics! Leave Act and interpretive reguiations. The determination of whether an individuai is a quali?ed family member will be made by the City of Houston Legai Department. The Chief may approve such a request regardless of whether the receiving tarnin member has exhausted or will exhaust all their personal accrued leave hours to which they are entitled. Any donated leave must be deducted from the most recent accruais prior to the bene?t year in which the donation was made. An officer who donates accrued PTO who has reached or exceeded the allowable PTO cap at the time of the donation is prohibited from carrying over more than the 120 hours referenced in Exhibit B, Section (6) in any year thereafter. An officer who donates accrued PTO and who is within 480 hours of the appiicable PTO cap at the time of the donation shail be iimited to accruing 120 hours in any year thereafter. All other terms of the City's Accrued Leave Donation Program administrative procedure wiil control. ARTICLE 49: QFFICER RESIDENCY PROGRAM During the term of this Agreement the LPC shall review and evaluate the feasibility and scope of an officer residency incentive program in which the City may choose to provide additional compensation for certain officers living within the limits of the City of Houston, but under no condition may pay and benefits provided for in this Agreement be diminished for officers living outside the limits of the City of Houston. The LPC shall make a report and recommendation to the Chief of Police by November 1, 2015. Meet 8: Confer Agreement Page ?83~ SIGNATURE AND APPROVAL PAGE This Agreement being made under Subchapter of Chapter 143, shalt become effective and shaii be entorceabie and binding on the parties only it the parties ratify and approve their respective participation and assent to the terms of this Agreement through the ratification process mandated by Chapter 143, or by iocai law, whichever appiies. It is agreed that the signature of the respective parties certifies that the persons indicated have the express authority to bind the organization and that the authorization has been accomptished in compliance with state or iocai iaw. Agreed to be effective on the date set forth in the City Ordinance approving and authorizing the City's participation it": this Agreement. HCUSTCN PCLICE (HPCU) as the Sole and Exclusive Majority gargaihihg Agent President Date First Vice President Date I Second Vice President Cate Secretary Date CITY CF HOUSTCN, TEXAS Mayor {Date City Clontroiler Date City Attorney Date Chief of Police Date City Secretary Date SIGNATURE PAGE CITY HPOU MEET CONFER AGREEMENT 219i2015 POUCE DEPARWENT QRBINANCE cum. SERVICE CLASS A 2 '1 5 Rate Increase 4.00% per 201 1 MCA Effective as of June 6, 2015 except for PPOS as noted below Classi?cation Base Pay. {Biweekly} GRADE Police Of?cer, Probationary 1.083.453 (31w pay changes to $1,815.33 e?ec?ve the first pay period foltowing July 1, 2015, for these of?cers hired as cadets-on or after Juiy 1. 2015.) Years Of Service Beginning 1st 2nd 3rd 4th 5th 81h 7th . 91h 18th Year GRADE Year Year Year Year Year Year 2; Over Felice Of?cer 1,670.88 1.741.49 1,832.71 1.946.913 2.019.76 2,133.33 2.321.013 GRADE 161?! Year 17th Year &'Under e. Over Senlor Poiice Of?cer 2,370.90 2,562.08 GRADE {Vacant} 3rd - 9th 131:: -16th 17th Year GRADE VI Year Year Over Sergeant 2,865.82 2,964.45 3,124.58 61h 9th 13th - 16th 17th Year GRADE Year Year 3. Over Lieutenant 3.216.96 3.32822 3.58638 GRADE VH1 {Vacant} 7th - 9111 10121 16111 17111 Year GRADE ix Year Year 8. Ovar Captain 3.68393 4,017.50 GRADE {Vacant} GRADE XI {Vacant} 1st 2nd 3rd - 5th 5th Year GRADE Xi! Year Year a. Over Assistant Chief 5,169.54 5,297.95 5,429.40 1st 2nd 3rd - 51h 6111 Year GRABE Year Year 8: Over Executive Asst Chief 5.97234 6,121.63 6.274.68 2I9I2015 POLICE EEPARWERT QRQINANCE CWIL SERVICE CLASS 6 ?3 Classi?cation Base Pay (Biweekiy) 51h - 9th 16th - 16th 17th Year GRADE Year Year Over Police Communications Speciaiist It 3,216.96 3.32822 3,506.98 71?] a 9th 10th - 18m 17th'Year GRADE vm Year Year Over 9oflco Communications Specialist 111 3,649.26 3,775.68 3,979.54 Yih 9111 10th ?161%: 17th Year GRADE Year Year Over Admlnistrator of Communications 3,973.38 4,110.91 4.33323 2199.015 PQMCE SEPARWENT (CLASSIFJES) CIVIL SERVICE CLASS A UNIFORMED CLASS-POLICE SERVICE 2816 Exhibit A Effective ?rst full pay period beginning on or after July 2016 31w pay rates changed vs prioryear on position lay-position basis Ciassi?cation Base Pay {Biweekiy} GRADE Poiice Of?cer, Probationary 1,615.38 0 Si is: 2:9211 10th Year GRADE iil Year Year Year Year Year Year 8: Over Poiice Of?ce? 1.785.8?? 1,914.7? 1,988.31 2,083.13 2.136.436 2.230.138 2,418.28 GRADE IV 16th Year 17th Year Under 8: Over Senior Police Of?cer 2.436.353 2,682.32 GRADE {Vacant} 5221 - 9th 1811: 1am Year GRABE Vi Year Year Over Sergeant 2,971.91 3,070.54 3,184.26 7th - 91h 10m - 162:1 ?th Year GRADE Vii Year Year Over Lieutenant 3,323.05 3.43431 3,571.52 GRADE Vlil (Vacant) 7th 91h 10m 18th 17m Year GRADE IX Year Year aver Captain 3,816.55 4.04033 4,150.12 CML SERVICE CLASS Classi?cation Ease Pay {Biweekiy} Years of rvio Be innin 5th - 91h 10m - 16th 1Tih Year GRADE Year Year 8: Over Foiice Communications Spociaiist 2! 3,313.47 3,428.07 3,612.19 7th - 91h 18m 13th 1?th Year GRADE Vitl Year Year 8: Over Poiice Communications Speciaiist ill 3,758.74 3,888.95 4,098.93 71h 9th 161:: - 16th 17th Year GRADE Year Year Over Administrator of Communications 3.973.138 4,110.91 4,333.23 2l9f2015 POUGE DEPARTMENT ORDINAECE (CLAS31F1ED) cum. seevzce CLASS A 20'! UNIFORMED CLASS-POLICE SERVICE Exhibit A Effective first full pay period beginning on or after July 1, 201? am pay rates changed vs prior year on position by positionbasis Ciassi?catien Base Pay (Biweekiy) GRADE 1! Potice Of?cer, Probationary 1,615.38 ?st 2nd 3rd 8: 4th 5th 0th 'i'th - 92h mm Year GRADE ill Year Year Year Year Year Year 3; Over Peiice Of?cer 1,919.92 2,116.97 2,169.87 2,242.00 2.2?2.63 2,343.86 GRADE IV 16th Year 17th Year 8. Under Over Senior Potice Of?cer 2,577.80 2,822.62 GRADE (Vacant) 5th 91h 10m - 1601 13% Year GRADE VI Year Year 8: Over Sergeant 3,095.71 3,194.34 3,253.89 ?th - 91h 10th 1681 1?th Year GRAQE WI Year Year Over Lieutenant 3,446.85 3,558.11 3.046.533 GRADE WEI (Vacant) ?fth - 9th 10th - 16211 17th Year GRADE SX Year Year Over Captain 3,971.29 4,195.10 4,304.86 CIVIL SERVICE i; Classi?cation EasePey {Biweekiy} 5th - 9th 10th 161i?: 1??th Year GRADE VIE Year Year Over Poiice Communications Speciaiist 3,412.87 3,5309? 3,720.56 701 - St?! 10211 1601 17th Year GRADE Vikl Year Year 8: Over Peiice Communications Speciatist ill 3.8?150 4,005.62 4,221.90 72h - am 1cm a 16th 17th Year GRADE Year Year Over Administrator of Communications 3.973.138 4,110.91 4,333.23 arsenals POLICE DEPARTMENT ORDINANCE czvu. SERWCE CLASS A 2018 Exhibit A UMFORMEQ CLASS-POLICE SERVICE Effective ?rst full pay period beginning on or a?er July 1, 2018 ACE 3.430% (Excludes PPO and Class C) Classi?cation Base Pay {Biweekly} GRADE Ii Police Officer, Probationary 1,615.38 .. Be let 23:! 3rd 41h 51?: 6th 7th - 31h mm Year GRADE Ill Year Year Year Year Year Year a'Over Police Of?cer 1,986.73 2,193.64 2,245.38 2,320.02 2,425.43 2,619.8? GRADE IV 16th Year 17th Year Under Over Senior Police Of?cer 2;667.51 2.92035 GRABE {Vacant} 51!: 91h 10m - 16th 17th Year GRASE Vi Year Year 8: Over Sergeant 3.20344 3,305.50 ?th - 91h 10th 16th ?rth Year GRADE Vii Year Year 8, Over Lieutenant 3,881.93 3,773.74 GRADE Vlil {Vacant} ?h - 92h ?lth 17th Year GRADE IX Year Year Over Captain 4.109.419 4,341,09 4,454.67 CIVIL SERVICE CLASS 0 Classi?cation Base Pay {Biweekly} Years of Service Beginning 5th - 91h ?lth 16th 17th Year GRADE Year Year Over Police Communications Specialist 1! 3,515.26 3.63634 3,832.18 71h - 91h 10th 461%: 17th Year GRADE Year Year &-0ver Police Communications Specialist ill 3.987.65 4,125.79 4.34856 - 9th 10th 16th 17th Year GRADE Year Year Over Administrator of Communications 3,973.38 4,110.91 4.33323 Exhibit HPQ CLASSIFIED TEME OPP (PTO) PROGRAM PROGRAM A. PTO repiaced current MSP and CSL Sick Leave and Vacation Plans B. PTO became effective September 1, 2001. C. Program Initialization 1. Officer who were in CSL Plan a. Received an initial balance based on the number of hours in his/her CSL balance ptus any matching hours to which entitled September 1, 2001. Baiance became available after year-end processing, which was done the ?rst fuil pay period commencing in October. b. CSL hours were distributed as follows: The CSL. Frozen Balance includes 25% of CSL hours up to and including 1,040 hours, plus all hours over 1,040. The vaiue was caiculated using hourly rate on September 1, 2001. Hourly rate in this case is de?ned as average of Base plus Longevity rates during period empioyee was in Plan. NVL Balance, comprised of the 75% of the originai CSL hours (1 ,040 and under) was not included in the CSL Frozen Saiahce. Except as otherwise provided in this Agreement, these hours have no value and may orin be used for sickness or injury when ati other PTO and prior plan hours have been exhausted. c. Persooai Leave days will be accrued as Personal Leave, as under the current Pian; they wilt not be added to the CSL Frozen balance. 2. Officer who were in MSP Plan a. Vaiue of MSP hours for Benefit Year 2001 was frozen. Ail MSP balances remain unchanged. 3. Ail Officers a. Vacation hours were assigned a frozen vaiue of average rate of pay (Base Longevity) for 60 days prior to September 2001. it the Of?cer had received a higher average rate of pay for a different 60 day period, that rate was used. Batances will not be converted to each type (MSP, CSL, VAC, LTD) wilt be frozen and maintained separately to identify correct frozen value. D. New Employees 1. ?Trainees (cadet) ourreotty participate in the CSL plan. 2. PTO Accruals begin in the first felt pay period after the emptoyee is sworn as a probatloeary police officer. E, Accruals Accruals will be biweekly. Accrual per pay period will be determined by Classi?ed Payroll 2. Rate of Accrual for officers sworn before March 30, am 1: Hours Accrued per Years of Servwice .. Up to year 120 hours 5t years 160 hours 10?? 14?? years 200 hours 15?h year 240 hours 161h year and over 8 additional hours tor each year to a maximum of 320 hours per year 3. Effective September 1, 2015, the Rate of Accrual for officers sworn on or after March 30, 2011: Hours Accrued per Benefit Yea Up to 9?11 ear 1.60 hours 10?? 34 years 200 hours 15?? year 240 hours 16?h year and over 8 addittonai hours for each year to a maximum of 320 hours per year 4. Years of service for PTO are calcotated from Compeesation Data 5. Accruale are per pay period, as shown, regardless of the number of hours in an Officers work day. 6. At the end of the ieave year, no later than the 13? pay period commencing in October, balance of unused hours accrued daring the previous Benefit Year (9/1 8/3?i) will be assigned a frozen value in the same way MSP rates are frozen now [average base longevity during Benefit Year]. 7. HOWEVER, if an Officer?s Leave Baiance exceeds the applicable cap, the accrual for the year being valued will be limited to (120 hours). For an Officer with a balance over the applicabie cap who attempted but was unable to use leave prior to the end of the Benefit Year, a manual entry wiil be prepared by the Department's Payroll staff for the accrual adjustment. a. The cap for of?cers sworn before March 30, 2011, is 5,000 hours. b. The cap for officers sworn after March 30, 2m 1, is 2,500 compensable hours. F. Usage i. Usage will be taken from the earliest year frozen balance, proceeding to the next earliest year until all frozen balances have been exhausted (FIFO). Oniy after all frozen, valued accruals have been exhausted will usage be taken from any LTD baiance. G. Payout at Termination An Of?cer will be entitled to payment for all unused PTO, prior vacation, and prior sick plan time at the frozen rate(s) based on years of service from Hire Date. Payment will be 10% of total value for each completed year of service through 10?? year, at which time payment will be at 100% of value. complete year of service wili be paid at 10% of frozen and current value 2 compete years of service will be paid at 20% of frozen and current value Through '20 compete years of service will be paid at 100% of frozen and current value Example: employee hired 7/1/200i would be entitled to 10% of total value of balances on 7/1/2002. Reference Sections 03b 02a, OS, and D3 for calculation of frozen values 2. Value of current year accruals will be Base Longevity at time of termination. 3. graze?! and current balances are payabie at 100%, regardless of 2ength of service, for er: Of?cer who goes on Retirement 03? who dies in the ?ne of duty? For 2015 Meet and Custer Agreement TEST Test Requirements A five-event physical ?tness test is the toot designed to test for the minimum strength and endurance needed to successfully accomplish the duties of a Houston police of?cer. The minimum acceptable standards are: Agility Run 18.2 secoads. Vertical Jump 15.5 inches or Leg Press 2.1 body weight 300 Meter Run 7t seconds Pushuups 22 or Bench Press .63 body weight 15 Mile Rah i7:00 mihetes Test Procedures 0r 1. Warm-up and stretching (5 min.) 2. Agility Ran lndividuals will complete the course as fast as possible. The course is '30 feet long with four traf?c cones placed to feet apart and has a start tins and a base line on opposite ends of the course. The starting position is lying flat on the floor with the hands or: the start line. When the command ?Go? is given, the individual gets up, sprints to the base litre and back to the start line, turns left around the some at the start point, zigzags around cones to and from the base line, then sprints to the base line and back to the start line, Timing starts on the command ?Go? and stops as the individual crosses the start line after completing the coarse. individuals wilt be given the best score of two attempts, A member of the test staff will demonstrate the everrt prior to testing. . Rest (5 rain.) . Verticai Jump -- individuals wiil jump as high as possible. The exercise will begin by the individual standing adjacent to a wall and jumping and piecing a mark as high as possible with the ?ngertips without stretching. The exercise wilt begin by the individdai using a rocking, chewstep approach, and jumping as high as possibie placing a second mark on the wall with the fingertips of one hand. The difference in inches between the two marks witl be used to determine the score for the jump. The individuals score will be the best effort of three jumps. A member of the test staff wiil demonstrate the event prior to testing. . Leg Press an The test will be done using the Universal Leg Press Machine. The test will start with the individuai seated on the machine with feed on the push Qt" plate and knees bend to a 90? angie. The number in the ieft column will be used for the test. When ready the individual have to extend the legs until straight, maintaining a seated position, and return to the starting position. individuais will be allowed up to four warm?up lifts before attempting to lift 2.1 body weight. A member of the test staff wilt demonstrate the event prior to testing. . Rest (10 min.) . 300 Meter Run The 300 meter run can be done on a mile oval track or diiving track, Personnel being tested are expected to complete the run as fast as possible. . Rest (15 min.) . Push?ups - lndividuals wilt oornpiete as many push?ups as possible, with no time iintit. The pushnups will be done in the front ieaning rest position with back straight and head heid up. The exercise will begin from the up position and one push?upi'wiliibetsooted and returned to the up position. lndividuais may rest in the up position, but the hands and feet must remain in the start position, A member of the test staff will demonstrate the event prior to testing, Bench Press The test will be done using an Oiympio styie weight set and bench. The test will start with the individuai lying fiat on the bench, The test staff (spotters) will position the bar above the individual. When ready the individuai lower the bar untii the eibows are 90? and return it the starting position, The spotters assist the individuai in returning the bat to the bench supports. individual will be aliowed up to three watmaup iit'ts before attempting to lift .63 body weight. A member of the test staff wilt demonstrate the event prior to testing. 10. Rest and stretching (30 min.) 11.3.5 Mile Run The t.5~mile run is done on a mile oval track or a driving track. Personnel being tested are expected to oornpiete the run as fast as possible. Waiking is permitted during the test but consideration should be given to the additional time waiking wili require HOUSTON QEPARTMENT PHASE BOW 0PTEONS (Exhibit to 2015 Confer Agreement} For complete details on Phase Down and other changes, please review the relevant Articles in the Meet 3: Confer Agreement, which shall control over this chart. OWBONS OPWON A OFTEON OPTEOM DEFERRED CASH OUT Priority Election Periods: Priority Election Periods: Prionty Election Periods only: Sign Up Ported: June 20 and December 1 - 20, June 1 20 and December 1 20, June 1 - 20 and December 1 20 Anytime Daily sign up alter that Daily sign up after that. Daily sign up after that. June and Dec (38) June -- (75) and Dec 0?5) June and Sec - (37) Number of *See Article 44 of Meet 8: Confer for By department seniority, not including All ranks, by department seniority. Participants: numbers, department seniority. employees switching from another option. Not including employees switching from another option. Unlimited Considered Active: Yes Yes No No Base, Longevity. Training. Base. Longevity. Training. Base and Longevity only, 40 hours Valued at accrued rate. plus lntereSt Sager? Amount and Education 80 hours And Education 40 hours current value paid biweekly. as de?ned. Paid over 130 equal Current value paid biweekly. Current value paid biweekly biweekly payments. Interest: 5 year T~Bili Plus 1% Yes. based upon pay increase for that ?scal Yes. based upon pay increase for that ?scal Eligible for Pay year. last full paycheck prior to beginning year. last full paycheck prior to beginning increases: 0 Option B. Not included if switched from Option C. Not included if switched from another option. another option. N0 work Extra Jobs! Yes, 40 hours per week max. Yes, 60 hours per week max. 303?: No No Holidays: Yes, One for One Yes. One Half for One No No Health insurance: *See Articles 33 a 44 of Meet a Confer *See Articles as a 44 of Meet a Confer ?See Articles 38 a 44 at Meet a Confer gi?ei?rt?c?es 38 8? 44 Meet 8? Yes, Base and Longevity only. V2 hour Yes. Base and Longevity only, 72 hour 0? compensation: increments, with COP approval. increments. with COP approval, No No Yes, PO and St. PO will continue Yes. PO and Sr. PO willcootinu'e employment Yes, PO and Sr. P0 will continue employment as P0 or Sr. PO. Sgt. and as P0 or Sr. PO. Sgt. and Above will employment as P0 or Sr. PO. Sgt. and Conditions Above will continue employment as P0 or continue employment as P0 or Sr. PO, if Above will continue employment qualified and vacancy exist. quali?ed and vacancy exist. Voluntary St. PO, if quali?ed and vacancy exist. Voluntary demotion with no appeal. demotion with no appeal. Voluntary demotion with no appeal. irrevocable switching Yes, Deterreo'cash Out anytime. Yes. Opt Yes, To Option or Deferred Cash Out. Yes, Yes. Deferred Cash Out Only. No Lorne No 6 (ft. C. or ECO if of?ce of civil emolumentoffice of civil emotument; No Sum Payment except payout for AQT. Receive 8 out for A01. on I so 5? Lump Sum Payment. Lump Sum Payment. Yes. COP Approval, no break in service. PO No, considered retired and TOOLS will be and Sr. P0 return to active duty. Sgt. and noti?ed of your status change. Return to Active No above will return to active duty. Sgt. and No Duty Conditions: above will return to active duty as P0 or Sr. PO if vacancy exists. Anyone returning. not eligible to take promotion test for two years. TOOLE Training Annual ?rearm quali?cation. 40 Hours of Annual ?rearm quali?cation. 40 Hours of . as. training during the zryear TCOLE Training training during the 2~yr TCOLE Training Cycle. No No Cycle, including any TCOLE mandatory. including any TCOLE mandatory. EXHIBIT investigator incentive Pay . The aveiiabie funding allocated for investigator Incentive Pay (both Schedule A and Scheduie B) is limited to the tolicwing per year: 0 $562,000 beginning July 1, 2016; 0 $727,000 beginning July 1, 2017; 0 $970,000 beginning Joly i, 2018, . The number at Schedule A positions authorized tor affected divisions is 402 positions. if the City determines that the tending amounts set out above aliow for additional Scheduie A positions, the City in its sole discretion may increase the number of Schedule A positions. . Ali tenure is based from Hire Date. . Officers or Sergeants who have a permanent Take Home Vehicle are not eiigible under any conditions to receive investigator incentive Pay. . Officers that may be eiigible for investigator incentive Pay must apply for the pay by submitting correspondence with supporting documentation to an Assistant Chief to be designated by the Chief oi Fioiice. It is the responsibility of each officer to appiy tor each step when they beiieve they are eligible. . No backpay wilt accrue due to an officer?s deiay or inability to appiy for the pay. . in the event the number eiigibie for the incentive exceeds the number anthorized, the incentives wilt be awarded to the individuals with the cumuiative iongest tenure in the division. . Ail challenges to eiigibility will be handled by the LRC using existing protocols estabiished by the LRC. In the event of a departmental reorganization. the LRC shall determine which newiy organized divisions are eiigible tor the pay. . Investigator Incentive Pay, both Scheduie A and Scheduie B, is considered an assignment pay and wiil be paid biweekly. SCHEDULE A investigative incentive Ray Schedule Step Leveis iuly 2016 .iuiy 2017 Juiy 2013 Step ii $1,100.00 $1,500.00 $1,900.00 Requirements for investigative Personnel To Receive Schedule A incentive Ray 1. Of?cers and Sergeants are eligible to quaiify if their primary job assignment is to investigate cases a majority of the time. Personnel who periodicain investigate cases do not qualify. Sergeants who carry a signi?cant caseioad in addition to supervising casework are eiigibie. ?Signi?cant? is de?ned in terms of being very similar to caseioaci carried by their respective officers. 2. Personnel rnust successfully meet the eligibility requirements for each requirement within the Step Incentive Ray Structure they are seeking before they be eligible for the pay. 3. All investigative Training Courses must be approved by the Houston Police Department Training Division. Every attempt be made to otter investigative training courses on a regular basis. Personnel are not restricted to taking investigative training courses reievant to their assigned division. A. Where applicable, personnel must pass the course completion requirements to receive credit for said course. B. Courses previousiy'taken by employees during their HRD tenure can be applied to satisfy this eligibility criteria, a. The toiiovving assignments quaiify to fuitill the required years of ?cumulative HRD investigative experience": a. Divisions: Auto Theft, Burglary a Theft, Homicide, internal Affairs, Investigative First Responder, Juvenile, Major Offenders, Narcotics, Robbery, Special Victims, Vice b. Other assignments: Crash Reconsiructionist investigators and the Hit Run investigators of VCD, the Threat Management investigators of Cit), and the dayshiit gang investigators assigned to the Gang Division. 5. The Investigative Performance Worksheet must he compieted once every six months in accordance with the reguiar JPR schedule. To satisfy the requirements, the employee must attain the score during each previous six month grading period. 6. Steps 2 and 3: it an investigator?s totai average score on the Investigative Performance Worksheet tails below the appiicable Step requirement, the investigator?s Step pay shati drop to a. tower Step pay that matches the applicable total average score for a period of at least six (6) months. The investigator must requelify for the pay by receiving the applicabie totai average score. (For example, an investigator receiving Step 3 pay who receives a total average score of 4.0 in a grading period shall drop to Step i pay for at least six months, Curing the next grading period, it the investigator receives a 4.5 or higher, then the investigator may apply to receive Step 3 pay.) Any of?cer dropped to a tower Step may appeal the decision to a designated Assistant Chief". The decision of the designated Assistant Chief is final. Minimum qualification requirements: Step 1 Minimum of 4 years Department seniority One year of cumulative HPD investigative experience Complete Basic investigator Training course Compiete ?l additionai investigative training course @99@ Step 2 Minimum of 6 years Department seniority Three years of cumulative HPD investigative experience Complete Basic Investigator Training course Complete 4 additional investigative training course Achieve a minimum 4.25 total average score on Investigative Performance Worksheet @9990 Step 3 Minimum of 8 years Department seniority Five years of camuiative HPD investigative experience Complete Basic Investigator Training course Comptete ?7 additionat investigative training course Achieve a minimum 4.5 totai average score on Investigative Performance Worksheet @9900 Schedule S: The below are eligibie to receive a maximum of Step ($600) per fiscai year, beginning in the ?rst pay period after July 1, 2018: 1. lnvestigative First Responder Officers -- must have 2 years tenure within the division Crime Reduction Of?cers (Gang Division) must have 2 years tenure within the division Drug Recognition Experts must have 2 years tenure as a be certified, have an operational assignment (not support or administrative), and be regularly called to work fatalities, Failure to Stop and Render Aid, among other assignments (Le, DWIs).