HomeMy WebLinkAboutContract 49103 CITY SECRETARY G r
CONTRACT N0. ( l
MEET AND CONFER
LABOR AGREEMENT
BETWEEN
CITY OF FORT WORTH, TEXAS
AND
FORT WORTH POLICE OFFICERS
ASSOCIATION
EXPIRES SEPTEMBER 30, 2020
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TABLE OF CONTENTS
PREAMBLE.................................................................................................................................. 3
ARTICLE 1 AUTHORITY AND RECOGNITION.................................................................3
ARTICLE 2 DEFINITIONS.......................................................................................................4
ARTICLE 3 ASSOCIATION RIGHTS.....................................................................................6
ARTICLE 4 TIME OFF FOR ASSOCIATION BUSINESS ...................................................9
ARTICLE 5 MANAGEMENT RIGHTS................................................................................. 12
ARTICLE 6 NO STRIKE,NO LOCK-OUT........................................................................... 13
ARTICLE 7 DISCIPLINARY ACTION ................................................................................. 14
ARTICLE 8 DISPUTE RESOLUTION PROCEDURE ........................................................26
ARTICLE 9 LABOR RELATIONS CONSULTATIONPROCESS ....................................30
ARTICLE 10 WAGES AND CERTAIN PAYS ......................................................................31
ARTICLE 11 HIRING FOR BEGINNING POSITIONS IN THE FORT WORTH
POLICE DEPARTMENT.................................................................................. 32
ARTICLE 12 COMPENSATORY TIME AND SPECIAL EVENT STAFFING................39
ARTICLE 13 SENIORITY.......................................................................................................42
ARTICLE 14 PHYSICAL FITNESS PROGRAM................................................................. 44
ARTICLE 15 PROMOTIONS,DEMOTIONS ANDREINSTATEMENTS .......................47
ARTICLE 16 VACANT PROMOTIONAL POSITIONS RESULTING FROM
MILITARY LEAVE OF ABSENCE ............................................................... 58
ARTICLE 17 NON-DISCRIMINATION................................................................................ 60
ARTICLE 18 MAINTENANCE OF STANDARDS............................................................... 61
ARTICLE19 HOLIDAYS........................................................................................................ 62
ARTICLE 20 SHIFT DIFFERENTIAL......................................................................................65
ARTICLE 21 CIVILIANIZATION OF CERTAIN SWORN OFFICER POSITIONS...... 67
ARTICLE 22 TUITION REIMBURSEMENT....................................................................... 69
ARTICLE 23 RE'OPENER PROVISIONS FOR HEALTHCARE AND PENSION
BENEFITS.......................................................................................................... 70
ARTICLE 24 OFF-DUTY EMPLOYMENT AT CITY-OWNED FACILITIES.................71
ARTICLE 25 COMPLETE AGREEMENT ........................................................................... 72
ARTICLE 26 SAVINGS CLAUSE...........................................................................................73
ARTICLE 27 DURATION AND TERMINATION................................................................73
ARTICLE 28 NOTICE.............................................................................................................. 74
APPENDIX A (Voluntary Payroll Deduction Form)...............................................................76
APPENDIX B (Vacation Leave Accrual Chart).......................................................................77
APPENDIX C (Structured Pay Plan Table)..............................................................................71
APPENDIX D (Holiday Pay Examples).................................................................................... 75
APPENDIX E (Education Reimbursement Policy) ..................................................................85
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PREAMBLE
It is the intent and purpose of this Agreement, entered into by the City of Fort Worth, Texas,
hereinafter referred to as "the City," and Fort Worth Police Officers Association, hereinafter
referred to as "the Association," to achieve and maintain harmonious relations between the
Parties and discuss issues of mutual concern, as provided in the Texas Local Government Code
("TLGC"), Chapter 143, Subchapter I. The Agreement has been reached through the process of
Meet and Confer with the objective of fostering effective cooperation between the City and its
Officers.
ARTICLE 1
AUTHORITY AND RECOGNITION
The City recognizes the Association as the sole and exclusive bargaining agent for all covered
Officers, pursuant to Subsection I of Chapter 143 of the TLGC, excluding the rank of Chief of
Police, assistant chief (by statute), deputy chief (by this Agreement), commander (by this
Agreement) and non-sworn employees.
It is agreed that Officers appointed to deputy chief pursuant to Article 15 of this Agreement shall
be considered as working out of classification for the duration of their appointment, and they will
be covered by an executive pay plan, rather than this agreement's provisions for pay and
benefits.
The Association has determined that Deputy Chiefs' benefits under the executive pay plan, and
under the City's Ordinance pertaining to this rank are, taken as a whole, favorable in the context
of pay and benefits in the Department and that it is reasonable and consistent with the
Association's duties under Texas law to exclude them from the bargaining unit for all other
purposes, for the duration of this agreement. Should the City repeal said Ordinance, or if said
Ordinance is found by a court of law to be invalid, in whole or in part, the Association shall have
the right to reopen negotiations as to this group of employees only, and only to the extent of the
effect of the repeal or invalidation.
In the event an individual files an action against the Association and the City on account of the
operation of Article 1, the City agrees to defend on behalf of both parties the validity of this
provision adopted by both parties, with counsel of the City's choice. This provision does not
preclude the Association from retaining its own defense counsel, at its expense, and the City
shall reasonably cooperate with counsel designated by the Association to participate. Any
obligation for back pay or benefits, or the fees or costs of such litigation (not including any
attorneys' fees paid by the Association to their own separate counsel) resulting from such
litigation shall be the sole responsibility of the City of Fort Worth.
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ARTICLE 2
DEFINITIONS
"Active Duty" means the normal performance of the duties of a sworn position in the Police
Department.
"Agreement"refers to this Meet and Confer Agreement, negotiated between the City of Fort
Worth and the Fort Worth Police Officers' Association.
"Association"means the Fort Worth Police Officers'Association.
"Board of Directors" means the members of the Association who are duly elected or appointed
and serve as members of the Board of Directors of the organization pursuant to the Constitution
and By-laws of the Association.
"Business Day"means Monday through Friday during normal business hours of 8:00 o'clock
a.m. to 5:00 o'clock p.m. and shall not include weekends or City holidays, except as otherwise
specifically defined in this Agreement.
"Calendar Day"means each day inclusive of weekends and holidays.
"Chief' means the Chief of Police of the City of Fort Worth.
"City"means the City of Fort Worth.
"City Manager"means the City Manager of the City of Fort Worth.
"Civilianization" or"civilianize"means authorized uses of non-civil service personnel, as set out
in Article 21.
"Commission"means the Fire Fighters and Police Officers Civil Service Commission of the City
of Fort Worth.
"Department"means the Police Department of the City of Fort Worth.
"Dispute"means for purposes of Article 8 any and all disputes related to the interpretation of this
Agreement between the Association and the City.
"Executive Board"means the members of the Association who are duly elected or appointed and
serve as members of the Executive Board of the organization pursuant to the Constitution and
By-laws of the Association.
"Holiday Leave"means up to 8 hours of leave, as set out in Article 19.
"Holiday Pay"means up to 8 hours of compensation, as set out in Article 19.
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"Holiday Premium Pay" means compensation paid to an Officer for work performed on a
holiday, as set out in Article 19.
"Meet and Confer Statute" means Subchapter I of Chapter 143 of the TLGC, Section 143.301-
143.313.
"Member"means a member of the Association.
"Member of the bargaining unit" means a sworn Police Officer covered by the provisions of
Subchapter I of Chapter 143 of the TLGC, except as modified in Article 1 of this Agreement.
"Officer" means a sworn Police Officer commissioned and employed in the City of Fort Worth
Police Department who is covered by this Agreement pursuant to Subchapter I of Chapter 143 of
the TLGC.
"Party" or "Parties" means the City of Fort Worth and the Fort Worth Police Officers'
Association.
"Personnel Rules and Regulations" or "PRRs" means those rules and regulations adopted by the
City to govern many of the aspects of the working conditions, pay, and benefits for City
employees, including Officers who are subject to this Agreement.
"Regular rate of pay" means the same as "regular rate of pay" as defined and used in the Fair
Labor Standards Act, 29 USC Section 201, et seq., as revised.
"Strike" means, whether done in concert or individually, a failure to report for duty, the willful
absence from one's position, the stoppage of work, or the abstinence in whole or in part from the
full, faithful, and proper performance of the duties of employment (including, but not limited to,
"slowdowns," "sickouts," and the intentional failure to make arrests), for the purpose of and/or to
have the effect of inducing, influencing, or coercing a change in the conditions, compensation,
rights, privileges, or obligations of employment.
"Supersede" means to the extent that any provision of this Article conflicts with or changes
Chapter 143 or any other statute, executive order, local ordinance, or rule adopted by the City
including a personnel board, or Civil Service Commission, this Agreement shall preempt such
provisions, as authorized by Section 143.307 of the TLGC.
"TLGC"means Texas Local Government Code.
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ARTICLE 3
ASSOCIATION RIGHTS
Section 1. Payroll Deductions.
A. The City shall deduct bi-weekly an amount from the pay of each individual Officer who
has voluntarily authorized such deduction for remittance to the Association. After October 1,
2008, Officers who wish to join the Association, Fort Worth Black Law Enforcement Officers
Association, National Latino Law Enforcement Organization — Fort Worth, Texas Municipal
Police Association or Combined Law Enforcement Associations of Texas (collectively
"designated organizations") will complete and sign the appropriate City form to authorize the bi-
weekly deduction amount. The Association and designated organizations may change the amount
of the deduction with thirty (30) Calendar Days' notice to the City in writing. The City shall
notify the Association and designated organizations in writing regarding all Officers who have
authorized automatic payroll deductions for the Association and designated organizations not
later than ten (10) Business Days following the end of the pay period following the authorized
deduction. Effective upon the date this Agreement is executed, the City will remit deducted
amounts directly to the Association for FWPOA, CLEAT and TMPA and directly to the
designated organizations for BPOA and NLLEO unless and until such payroll deductions are
modified or revoked by the affected Officer. The City will notify the Association and designated
organizations in writing regarding any such revocations or modifications of any payroll
deductions related to the Association or designated organization. The City will make a
reasonable effort to provide the Association and designated organizations with detail on the
amount of the deduction taken from each Officer.
During the term of this Agreement, automatic payroll deductions and remittance of dues
will be permitted for the Association and designated organizations only. Officers who are
members of the Association or designated organizations on October 1, 2008 may continue to
utilize automatic payroll deductions, as in the past. Officers who are having dues deducted as of
October 1, 2008 will not be required to submit new dues deduction forms. After October 1,
2008, an Officer seeking to become a new member in a designated organization and to pay dues
to that organization by automatic payroll deductions, with the exception of the Fort Worth Black
Law Enforcement Officers Association and the National Latino Law Enforcement Organization
— Fort Worth, must join the Association in order to utilize automatic payroll deductions for the
payment of such dues.
B. Any individual member of the bargaining unit wishing to voluntarily withdraw
authorization for deductions must personally sign the appropriate form as required by the City.
C. All amounts deducted pursuant to this Article shall be paid to the legally
designated representative of the Association for FWPOA, CLEAT and TMPA or designated
organization for BPOA and NLLEO in accordance with the procedures and costs established by
the City's Chief Financial Officer or designee. The current cost structure of$.05 per deduction
shall be maintained until such time as the cost is changed to reflect a more accurate assessment
of cost. The City's Chief Financial Officer or designee has the sole discretion to establish
charges for deductions. The cost of deductions is subject to annual review. The actual cost shall
not exceed $.10 per deduction for the duration of this Agreement. The cost per deduction shall
be no more than the cost applied to other employee associations.
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D. The Association shall defend the City and hold the City harmless against any and
all claims, demands, suits or other forms of legal action that may arise out of, or by reason of,
any actions taken by the City, or any employee of the City in complying with provisions of this
Article. The Association and the City shall jointly select and direct counsel retained for such
defense, and the Association shall further assist and cooperate with the City during said defense.
Section 2. Association Access to Premises.
The Association shall have the exclusive right to access to premises for matters regarding
wages, salaries, rates of pay, hours of work, other terms and conditions of employment, or other
personnel issues on which the City of Fort Worth and the Association have agreed. Subject to
reasonable advance notice from the Association and approval from the Chief or the Chief's
designee, the Association may be permitted reasonable access to the premises of the Department
for the purpose of administering this Agreement, including but not limited to roll calls, in-service
training and the police academy. Such visits shall be limited to the purpose for which approval
was granted and shall be conducted in a manner that does not interfere with the functions of the
Department.
Section 3. Communications.
A. Subject to the Fort Worth Police Department General Orders, the City's
Administrative Regulations (particularly Administrative Regulation regarding "Electronic
Communications Use Policy"), and the applicable provisions of this Agreement, the Association
may utilize pre-approved electronic communications ("E-mail") to communicate with members
of the bargaining unit regarding matters of general interest to members of the bargaining unit in
accordance with the following restrictions and limitations:
(1) Prior to any distribution(s), all Association E-mail communications shall be
approved, at least forty-eight (48) hours in advance, by the Chief or the Chief's designee.
The decision of the Chief or the Chief's designee to approve or disapprove an E-mail
communication shall be final and binding and shall not be subject to dispute resolution
procedures. However, the Association may ask the City Manager or the City Manager's
designee to review any alleged patterns of repeated disapprovals which the Association
contends unreasonably restricts communications with its members relating to subjects
authorized by this Agreement.
(2) If the E-mail is deemed inappropriate for general distribution, the Chief's
designee will respond to the Association representative with an explanation or suggestion
for change.
B. Association E-mail communications shall relate solely to the following subjects:
(1) Recreation and Social Affairs of the Association.
(2) Association Meetings.
(3) Association Elections.
(4) Reports of Association Committees.
(5) Rulings or policies of the State or National Association, without added
commentary.
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(6) Legislative Enactments and Judicial Decisions Affecting Public Employee Labor
Relations, without added commentary.
C. E-mail communications shall not contain any political commentary, any
solicitation for membership in, or financial contributions to, any labor organization, special
interest organization, or political action organization, or any derogatory or offensive propaganda
or commentary which reflects negatively upon the City, its officials, its employees, City employee
associations or groups, or upon citizens of the City. On a case-by-case basis, the Chief or
Chief's designee may consider requests from individual Officers for approval to distribute E-
mail communications regarding solicitations for Officers (or their families) needing financial
assistance or other forms of assistance.
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ARTICLE 4
TIME OFF FOR ASSOCIATION BUSINESS
Section 1. Association Business Leave Pool.
A. Each year at the beginning of the first pay period of the calendar year, the City
will allocate 6000 hours of equivalent work-time hours to be utilized as Association Business
Leave ("ABL"), and allocated to an agreed Association Business Leave Pool ("ABLP"). Each
year at the end of the last pay period of the calendar year during this Agreement, unused ABL
will carry over to the next year.
B. Notwithstanding Sections 142.0013(b) and (d) and 143.3015(1) of the TLGC, the
vacation leave accrual for each Officer will be reduced by three (3) hours annually, at the
beginning of the first pay period of the calendar year. The vacation accrual rates which will
apply for Officers under this Agreement are provided in Appendix B. This section preempts
TLGC Sections 142.0013 (b and d).
C. The ABLP may be utilized starting at the beginning of the first pay period of the
calendar year. The Association shall be allowed to debit the ABLP on an hour-for-hour basis,
during the calendar year when the Association Board members and/or members of the
Association's Meet and Confer negotiating team are required to engage in Association business
activities. ABL is only available for Association Board members, Association Meet and Confer
negotiating team members, Peer Representatives, and the President unless an exception is
granted by the Chief. The Association will inform the Chief and the Civil Service Director of the
names of these members so that use of ABL can be permitted in the City's Human Resource
Information System. If the Chief declares an emergency, he or she may order the Association
President or any Association Officers on ABL to report to work for the duration of the
emergency.
D. The Association may request the use of ABL for Association business activities
upon five (5) business days advance written notification to and approval by the Chief. Regular
Association business activities are defined as time spent: (a) representing members at
disciplinary hearings (to the extent permitted by law or allowed by Department policy) or
grievance meetings; (b) preparing for and attending formally scheduled Meet and Confer
negotiating sessions with the City; (c) administering the terms of this Agreement; (d) attending
meetings of the Association's Executive Board; (e) attending regular business meetings of the
Association; or (f) attending other Association meetings, training programs, seminars,
workshops, conferences, or events.
E. ABL is not considered City work time and may not be used to accrue compensatory
time, shift differential pay, holiday premium pay or holiday leave time. ABL hours will not
count as hours worked for the purpose of calculating overtime, except: (1) ABL hours are used
by an Association negotiating team member due to his or her attendance at a formally scheduled
Association Meet and Confer negotiating session with the City; (2) ABL hours are used by an
Association team member to attend official Association preparation meetings in advance of a
formally scheduled Association Meet and Confer negotiating session with the City, (3) an
exception is granted by the Chief; and (4) the Association uses Premium ABL, which equals
1,000 hours of the annual ABL total, and is subject to allocation by the Association for use by
members on Association business. The City shall separately code ABL and Premium ABL for
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this purpose. Neither the President of the Association or any other board member if they are on
full-time release to conduct Association business may use ABL as productive time.
F. Even though ABL hours are not considered as hours worked for other purposes,
ABL hours shall count towards daily and weekly limits on total hours worked. Except in the
event of a declared emergency or when necessary to complete a call at the end of the workday,
an Officer using ABL under this Article shall not be required to work such additional hours for
the City that would exceed the Department's fourteen (14) hour daily restriction on the total of
hours worked and secondary employment. This subsection does not apply to the President of the
Association or any other board member if they are on full-time release to conduct Association
business.
G. ABL used shall be considered creditable service time for the accrual of benefits or
other requirements based on years of creditable service.
Section 2. Leave for Association President.
A. For the purpose of filing and maintaining his or her time and attendance reports,
the Association President shall be placed on special assignment and released on ABL. The
President must use 2080 hours of ABL per payroll year unless otherwise approved by the Chief
or the Chief's designee. However, ABL shall not be used if the President is under a suspension
without pay. The President's ABL will be deducted from the ABLP at the beginning of each
payroll year to cover the President's time from the first pay period through the last pay period of
each fiscal year covered by this contract. The 2080 hours of ABL for the President will be
deducted at a rate of 1.25 hours for each one (1) hour of time allocated for the President's leave,
for a total of 2600 hours deducted from the ABLP at the beginning of the payroll year. The
additional .25 of an hour will cover the additional cost to the City for the President's retirement,
Medicare, health insurance and other operating costs associated with being a City employee.
B. While on ABL, the President will continue to accrue his or her usual vacation,
sick leave, personal holiday and family leave. Any leave used by the President that is not ABL
shall be charged against his or her available vacation, sick leave, accrued holiday, personal
holiday, compensatory time, or family leave balances as appropriate. All leave balances are
subject to year-end maximums (use or lose). Personal holiday or accrued holiday will not count
as time worked. The President will maintain a record of leave the President uses that is not ABL.
At the end of each payroll year, the hours of leave used by the President that are not ABL hours
will be credited to the ABLP at the rate of 1.25 hours for each hour of such leave used by the
President.
C. No overtime, compensatory time, shift differential, holiday premium pay, or
holiday accrual shall be accrued or paid while the President is on ABL except, with respect to
overtime and compensatory time, when the President is recalled to duty by the Chief and
required to labor in excess of the normal forty (40) hour week. The Chief retains the right to
recall the President to duty during an emergency or special event involving overriding need for
the protection of the citizens of Fort Worth. If the President is recalled to such duty, the City
shall credit hours worked by the President to the ABLP at the rate of 1.25 hours for each hour
worked.
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D. ABL shall not be treated as a break in service, and the President shall not lose
seniority, promotional opportunity, sick leave, vacation (subject to the City's vacation
accumulation restrictions), retirement or any other benefits, including mandatory Texas
Commission on Law Enforcement (TCOLE) training, while on such leave. While on ABL, the
President will retain the privileges of his or her employment and shall be maintained by the
Department as a Commissioned Peace Officer in the State and a classified Civil Service
Employee of the City of Fort Worth.
Section 3. Association Negotiating Team.
The Association's negotiations team shall consist of a Chief Negotiator and no more than five(5)
other members. Additional team members may be present, but no more than eight (8) individuals
total on the Association's team will be eligible for productive time status during any scheduled
meetings. Each team shall advise the other of the name and position of the individual it intends to
designate as a negotiating team member. Either team may change the members of its negotiating
team by written or electronic notification to the other team.
Section 4. Association Board of Directors.
Within thirty (30) Business Days after the execution of this Agreement, the Association
shall notify the Chief in writing as to the names of the Association's Board of Directors. The
Association shall thereafter promptly notify the Chief of any change in the composition of its
Board of Directors. To the extent that any designated member(s) of the Association's Board of
Directors is otherwise scheduled to work, and upon five (5) Business Days advance written
notification to and approval by the Chief, the member shall be permitted to attend the monthly
Association membership meeting and the regularly scheduled Association Board meetings and,
upon 24-hour notice, any specially called Board meetings. All time in such activities will be
deducted from the ABLP.
Section 5. Time Off Without Pay.
The Chief will consider requests for additional time off without pay to attend to other
Association business.
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ARTICLE 5
MANAGEMENT RIGHTS
Section 1.
Except as provided for by State or Federal law or as expressly modified, delegated, or
abridged by the provisions of this Agreement, the City shall retain the sole, exclusive, and
vested right and prerogative to manage the Department and the workforce in the Department in
all respects, including, but not limited to: the right to hire, train, promote, demote, discipline,
suspend, discharge, assign, transfer, retain, or lay off employees; the right to establish, eliminate,
or modify the qualifications and minimum requirements for hiring, training, promotions,
transfers, and job assignments; the right to establish, eliminate, classify, reclassify, or modify
the number and types of positions and job classifications; the right to assign and direct the work
of Officers, including the scheduling and assignment of duties, responsibilities, and hours of
work; the right to establish, eliminate, or modify the methods, processes, means, and
personnel by which operations are to be carried out; the right to establish, eliminate, modify,
review, and enforce rules and standards governing job performance, personal conduct and
appearance, uniforms and equipment, safety, training, education, attendance, discipline, and
efficiency; the right to establish, abolish, or modify processes and procedures for investigating
and reviewing Officer conduct and complaints relating to that conduct; and the right to determine
the wages, hours of work, benefits, and working conditions of the Officers in the Department.
Section 2.
Except as provided for by State or Federal Law, or as expressly modified, delegated, or
abridged by the provisions of this Agreement, the exclusive rights and prerogatives of
management not expressly mentioned or described in this Article are nevertheless retained by
the City and are not to be interpreted as having been diminished, waived, or ceded in any respect.
If this Agreement does not, by its terms, expressly and specifically restrict, modify, or abridge a
particular right or prerogative of management, then the City retains such right or prerogative of
management, solely and exclusively subject to State or Federal law. Moreover, the City's
retained rights and prerogatives of management shall not be restricted, diminished, waived, or
ceded by any purported past practice, purported condonation or ratification of prior acts of
employees, or by prior arbitration decisions or civil service hearing decisions.
Section 3.
To the extent the City's vested and exclusive rights and prerogatives of management
described or enumerated in this Article or in other provisions of this Agreement differ from
the provisions of any federal or state statutes, including Chapters 142 and 143 of the TLGC, the
provisions of this Agreement shall supersede and preempt those conflicting provisions of the
TLGC or other statutes, as provided in § 143.307 of the TLGC.
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ARTICLE 6
NO STRIKE, NO LOCK-OUT
Section 1. The City agrees that it will not lock out any Officer.
Section 2. The Association agrees that neither it nor any of the Officers will permit, sanction,
call, encourage, support, acquiesce or engage in any strike; sit-down; slow-down; speed-up; sick-
out; sympathy strike; picket; or any other work stoppage or interference with the operation of the
City for any reason.
Section 3. It is expressly understood and agreed that the refusal or concerted failure by any
Officer to cross or work behind the picket line of any association, union or other organization
shall constitute a violation of this Agreement. It is likewise understood and agreed that the
refusal or failure of any Officer to faithfully and impartially to enforce the laws of the State of
Texas and the ordinances of the City at the site of or in connection with any labor dispute shall
constitute a violation of this Agreement.
Section 4. Any Officer who participates in any action prohibited by this Article may be
discharged, suspended, demoted and/or otherwise disciplined, at the option of the City. This
Section shall be cumulative of any other rights the City may have by statute, at common-law or
in equity against the Association and/or the Officer.
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ARTICLE 7
DISCIPLINARY ACTION
Section 1. Investigations
A. The Parties agree that TLGC § 143.312(f) shall be superseded as follows: A person
may not be assigned to conduct an administrative investigation or a chain-of-command
investigation if the person is the complainant, the ultimate decision-maker regarding disciplinary
action, or a person who has any personal involvement regarding the alleged misconduct.
Provided, however, that an investigator who discovers additional violations during the course
of an administrative investigation or a chain-of-command investigation may be the reporting
party on those violations and may investigate those violations. An Officer who is the subject of an
administrative investigation has the right to inquire and, on inquiry, to be informed of the
identities of each investigator participating in an interrogation of the Officer.
B. Nothing in this Article will be interpreted to prohibit a supervisor from gathering
information, either informally, or as a part of a chain-of-command investigation, and then
providing such information to the Internal Affairs Section for their use in an administrative
investigation. If, while gathering information during a chain-of-command investigation, a
supervisor believes that the matter should be investigated by Internal Affairs, the supervisor can
provide the information gathered in the chain-of-command investigation to Internal Affairs for
further action, if any. This provision does not allow a supervisor to circumvent any procedural
rights under this article.
Section 2. Rights of an Officer who is the Subject of an Administrative Investigation.
A. The term "administrative investigation" as used in this Article means an
investigation conducted by the Internal Affairs Section. This Section only applies to Officers
who are the subject of an administrative investigation conducted by the Internal Affairs
Section that could result in disciplinary action. "Disciplinary Action" means suspension,
demotion, or indefinite suspension. Section 143.312 (b)(5) is preempted and does not apply.
1. This section does not apply to criminal investigations.
2. This section does not apply to any investigations conducted by the Major Case
Unit, the Special Investigations Section, or an involved officer's chain of command.
3. This section does not apply to Officers who are witnesses for an administrative
investigation.
4. If an investigation conducted by the Major Case Unit leads to the discovery of
possible misconduct that could result in disciplinary action, that investigation, and all of
the products of that investigation, shall be turned over to Internal Affairs, which will
investigate the possible misconduct pursuant to this Section. When the Major Case Unit
turns over the products of its investigation to Internal Affairs, this will not include any
interview of the involved Officer. Any interview of the involved Officer will be
conducted by Internal Affairs pursuant to this Section.
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B. An officer who is the subject of an administrative investigation shall be informed
of the general nature of the investigation forty-eight hours prior to being formally interviewed,
except as provided with situations involving exigent circumstances, (Section 2(F)(4)0)). A
Personnel Complaint form signed by the complaining or reporting party which contains a general
explanation of the allegations shall be served to the officer and shall be considered adequate
notification to the officer regarding the nature of the investigation, if served forty-eight (48)
hours prior to the interview. The officer can only waive the 48-hour requirement by signing a
written waiver of the 48-hour waiting period.
1. An "officer who is the subject of an administrative investigation" who may also
be referred to herein as the "involved officer" is the person who is the subject of an
administrative investigation resulting from a complaint of misconduct received from any source.
2. A "complaining party" is a person making a complaint that he or she was harmed
by the officer's alleged misconduct. Section 143.312 (b)(1) is preempted and does not apply.
3. A "reporting party" is a person who is a witness or third party source of
information regarding alleged misconduct, or a member of the Department who becomes aware
of misconduct through personal observation. If the Department has initiated the complaint on the
basis of reported information, a supervisor is a reporting party for the misconduct complaint.
4. An investigator who discovers additional violations during the course of an
investigation may be the complainant or reporting party on those violations and may investigate
those violations.
5. A "Personnel Complaint Form" is a form used by the Department to document
allegations of misconduct by Department employees.
6. A"Peer Representative" is a trained member of the bargaining unit, who is not an
Association Board Member that may act as a representative for purposes of this Section.
7. An "Association Representative" is an Association Board Member who acts as a
representative for purposes of this Section.
C. An interview of an officer who is the subject of an administrative investigation
shall take place at a location designated by the investigator. Whenever practical the interview
shall take place during the officer's normal duty hours. The interview may be conducted at the
officer's residence unless the officer objects, in which event the interview shall be reconvened at
another location designated by the investigator. The officer's objection to be interviewed at their
residence may not be used against the officer in any manner.
D. Recording devices in Administrative Investigations.
1. In an administrative investigation, investigators may record all interviews or
conversations conducted in the course of such administrative investigations, without prior notice
to the officer who is the subject of the investigation.
2. The officer who is the subject of the investigation, and their Association or Peer
Representative, if any, are not prohibited from recording an interview or a conversation with an
15
investigator, but must inform the investigator that they are recording the interview or
conversation before the interview or conversation begins.
3. Upon completion of the interview, the Officer and their Association or Peer
Representative may schedule a time with the investigator to obtain a recorded copy of the
interview. The Officer shall supply the investigator with any necessary data storage device at
their own expense to complete the copy and transfer to the officer.
4. The Officer shall not release any recording collected during the course of the
investigation to anyone other than their Association or Peer Representative and the officer's legal
counsel. An Officer who is the subject of an administrative investigation may be subject to
disciplinary action if the Officer releases any such recording to any person other than the
Officer's Association or Peer Representative or legal counsel.
E. Confidentiality.
The Officer shall be required to execute a confidentiality agreement. Nothing in this
Section shall modify the Chief's ability to order Peer Representatives or Association
Representatives to keep confidential all of the information discussed during the interview of the
involved officer and anything he or she learns in the course of the investigation.
F. During an administrative investigatory interview, the following procedures shall
apply:
1. This subsection does not apply to an on-the-scene investigation as set out in
TLGC 143.312(g).
2. An officer who is the subject of an administrative investigation shall be informed
of the rank and name of the assigned investigator and the identity of all persons present during
the interview and their role in the investigation. An Officer shall be entitled to 48-hour written
notice if Officers from another Law Enforcement Agency will be present during the interview.
3. Except in exigent circumstances where the seriousness of the complaint warrants
an extended interview or when the time to impose disciplinary action will expire within sixty
calendar days, an officer shall not be required to submit to any single interview for longer than
six (6) hours. Interview sessions may be held on multiple or consecutive days until the interview
process is completed.
4. An officer who is the subject of an administrative investigation has the right to
have an Association or Peer Representative present during an administrative interview. The
officer cannot be punished for making a request for representation.
a. The Association or Peer Representative may not be an officer who is related
to the officer under investigation or a witness to the incident being investigated.
The Association or Peer Representative may not speak, interrupt, or disrupt the
interview in any manner. This includes but is not limited to making comments,
using signs or signals, or making noises which, intentionally or unintentionally,
disrupt the interview, such as sighing, tapping, or repeated coughing. If the
Association or Peer Representative disrupts the interview in any manner except to
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make a reasonable request for a break, the investigator may exclude the
Representative from the interview room and continue the interview without the
Representative with the approval of the investigator's supervisor or designated
supervisor.
If an Association or Peer Representative engages in conduct that the
investigator determines is disruptive to the interview of the Officer under
investigation, or disruptive to an investigation, the investigator can disallow that
Association or Peer Representative from participating further in that investigation.
The investigator will adjourn the interview, allow the involved Officer a
reasonable time to locate a new Association or Peer Representative, and the
interview will be resumed within 48 hours after the original interview was
adjourned. If the involved Officer does not locate a substitute Association or
Peer Representative within that 48-hour period, the investigator will proceed with
the interview, without an Association or Peer Representative present. If the Chief
agrees that the Association or Peer Representative was disruptive to the interview
or investigation, the Chief, or designee, can, after discussing the matter with
the Association, disallow that person from serving as an Association or Peer
Representative, and that person will be removed from the list of Association or
Peer Representative referred to in subsection 4(b), immediately below.
b. The Association shall maintain a monthly list of ten (10) total Association
and/or Peer Representatives that will be provided to the Chief's office seven (7)
business days before the start of the next month. Individuals on the monthly list
will be on-call during that month to act as a Representative as outlined in this
Section. If an officer who is the subject of an administrative investigation chooses
to be represented by an Association or Peer Representative, the officer must select
a person from the monthly list. The monthly list may be modified by the
Association if the Chief's office is provided with notice fourteen (14) business
days in advance.
C. A Peer Representative will be allowed to use ABL pursuant to Article 4.
An Association or Peer Representative must also obtain prior approval from their
Captain or designee before leaving their assigned duties. Any time spent by an
Association or Peer Representative assisting an officer will not be considered City
work time and shall not be counted as hours worked for the purpose of calculating
overtime unless an exception is granted by the Chief or designee, in advance of
the representative rendering assistance.
d. The Association or Peer Representative does not have a privilege for
representation and advice to an officer in an administrative investigation. This
provision is included to ensure that Officers who are the subject of an
administrative investigation are informed of the process, as well as their duties
and rights under this Agreement and Department Policy. There is no privilege to
protect statements or disclosures to the Officers' representative in any criminal
matter. It is the expectation of the parties that, in an administrative investigation,
the Department will generally not inquire of the discussions, explanations, and
advice given to the Officers who are the subject of an administrative investigation,
but each Officer of the FWPD is at all times obligated to follow Department
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rules and regulations. In unusual circumstances when the Department becomes
aware that the involved Officer has made an admission of misconduct to the
Association or Peer Representatives, the Officers' representative may be
interviewed or required to testify about statements and admissions made by the
officer who is the subject of an administrative investigation, or other knowledge
or information that the representative has obtained about the charged misconduct.
The Officer's representative may be interviewed in the administrative
investigation, or called as a witness to testify at the hearing of a suspension
appeal, about matters relevant to the alleged misconduct within the personal
knowledge of the representative, that the representative did not acquire through
the representative's role as the Officer's representative. An Officer's representative
called as a witness shall be entitled to written notice and the right to counsel.
e. At a minimum of two hours prior to the scheduled interview, the involved
officer must inform the investigator whether an Association or Peer Representative
will be present during the interview. If so, the name of the representative must be
given to the investigator. Failure to give this notice may result in the
representative not being allowed to be present in the interview with the approval
of the investigator's supervisor or designated supervisor. At the time the personnel
complaint is served the investigator shall provide to the involved Officer the
contact information, including the telephone number and email for the person or
persons (including the investigator), involved in making arrangements for the
involved Officer's interview. The Officer shall be promptly notified if the contact
information changes.
f. The Association or Peer Representative must arrive at the designated
location for the interview and have concluded the consultation with the involved
officer by the scheduled start time of the interview.
g. If the Association or Peer Representative is unavoidably delayed, such as
having to complete a dispatched call for service or some important work task, the
representative must contact the investigator by telephone at least one hour in
advance of the scheduled start time of the interview. The investigator has the
option of delaying the interview or rescheduling it with the approval of the
investigator's supervisor or designated supervisor.
h. If the Association or Peer Representative fails to contact the investigator
as outlined above and good cause for failing to make timely contact is not provided
prior to the scheduled start time for the interview, the investigator may, with the
approval of the investigator's supervisor or designated supervisor, commence the
interview with the officer without the presence of the representative. The involved
officer may not make another request for representation for that particular
interview.
i. If for any reason a representative is not able to attend the interview and the
interview was set to take place within forty-eight (48) hours of the officer being
served with notice of the charges, the involved officer may elect to withdraw his or
her 48-hour waiver so that the interview will be rescheduled for a later time.
Any information obtained prior to the officer's withdrawal of a 48 hour waiver
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may be used against the officer in the investigation.
j. If an exigent circumstance exists that necessitates the immediate interview
of an officer without waiting forty-eight (48) hours, and the officer makes a request
for representation, the investigator shall give the officer an opportunity to
immediately contact an Association or Peer Representative. The Association or
Peer Representative shall be provided two hours from the time of the request for
representation to arrive at the designated location of the interview and consult
with the involved officer. If the Association or Peer Representative does not
respond and complete the consultation within the two hour time frame, the
investigator may conduct the interview without a Representative; and the officer
may not make another request for representation for that particular interview.
5. During the interview of the Officer under investigation, time shall be provided for
personal necessities, meals, telephone calls, and rest periods as deemed necessary and
reasonable by the investigator.
6. The officer under investigation shall not be subjected to any offensive language,
nor shall the officer be threatened with transfer, dismissal, or other disciplinary
punishment. No promise of reward shall be made as an inducement to answering
questions. Nothing herein is to be construed so as to prohibit the investigating officer fiom
informing the officer under investigation that the misconduct being investigated could
result in disciplinary action or termination of employment, or from informing the officer
that he or she can be disciplined for untruthfulness during the investigation.
G. All video recordings, audio recordings, digital files, written statements, other
documents, photographs, GPS/AVL readings, Taser readouts, and any other type of
information collected during the course of an administrative investigation shall remain in the
custody of the Internal Affairs Section, other than the copy of the Officer's own statement that is
provided to the Officer. Before giving a statement, an Officer who is the subject of an
administrative investigation will be allowed to review any dash cam or body cam videos, and
Taser readouts in the investigator's possession, that depict any incident that is the focus of the
investigation. The investigator shall make reasonable and appropriate efforts to obtain dash
cam or body cam videos, and Taser readouts that exist in the FWPD for this purpose. The
Officer can review such videos, and Taser readouts outside of the presence of the investigator,
but only the Officer's Association or Peer Representative or attorney will be allowed to be in the
room with the Officer when the Officer reviews the videos, and Taser readouts. The Officer and
Association or Peer Representative or attorney are prohibited from recording, copying, or
transmitting the substance of the dash cam or body cam videos, and Taser readouts by any
means, at any time before the conclusion of the investigation. All recording devices will be
turned off in any room used by the Officer, Association or Peer Representative, or attorney to
review videos, or Taser readouts.
1. In addition to dash cam and body cam videos, and Taser readouts the officer
under investigation shall be allowed to review, but not copy verbatim, photocopy or photograph,
any information collected during the course of an administrative investigation. The investigator
shall determine at what point in the investigation the officer shall be allowed this review,
however, once the Officer receives a written statement of suspension related to the investigation,
the Officer and his or her counsel shall be provided a copy of the complete investigation, to the
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extent authorized by law, no later than five (5) days after the Officer receives the written
statement of suspension. If the Officer receives these materials after the date that the Officer
receives the written statement of suspension, the Officer's time to appeal will begin to run on the
date the materials are provided to the Officer. The Officer's right to review under this paragraph
does not include videos or photographs from third party sources.
2. Upon request, the officer under an administrative investigation shall be given an
exact copy of the officer's own written statement, however, the officer may not release a copy of
his or her statement to any person, nor may the officer discuss details of the case with any party,
with the exception of his or her Association or Peer Representative, and the officer's legal
counsel.
H. In investigations where the officer is subject to a companion or concurrent
criminal investigation, the Department shall ensure that any statement of the officer who is the
subject of the investigation, which is gathered as a part of the administrative investigation,
shall not be released to the entity conducting the criminal investigation except as required by a
subpoena or required to be disclosed by law or Court decision. No criminal investigator shall be
allowed to participate in an administrative investigation or interview.
I. The refusal by an officer to answer pertinent questions concerning any
administrative matter may result in disciplinary action or termination of employment.
J. Nothing in this section shall be construed to limit the authority of the Chief to
conduct administrative investigations, nor shall anything in this section be construed to relieve the
officer under investigation of the duty to adhere to the rules, regulations, and policies of the Fort
Worth Police Department and the City of Fort Worth, or to provide thorough, complete, and
truthful responses to requests for verbal or written statements and written interrogatories in
connection with an administrative investigation.
K. The procedures and provisions above are in addition to Section 143.312 (c)-(i).
Sections 143.312 0), (k) and (1) are preempted and do not apply.
L. If an Officer in a disciplinary appeal proves that: (1) the Chief or his or her
representatives, after objection by the involved Officer or their Association or Peer
Representative, intentionally or knowingly failed to comply with the provisions of Section 2 of
this Article; (2) the violation adversely affected the involved Officer's substantive rights provided
in that same section; and (3) the involved Officer proves that the disciplinary outcome or
punishment would have been different, if not for the alleged violation, the hearing examiner
may make such determinations as may be necessary to achieve substantial justice and effectuate
the provisions of this Article. This rule does not automatically require exclusion of any evidence.
The involved Officer shall have the burden of proof on this issue, even though the City has the
burden of proof on the disciplinary violation and reasonableness of punishment. An involved
officer or their Association or Peer Representative must give written notice to the Chief or his or
her representatives of an alleged violation of Section 2 of this Article within 48 hours after the
involved Officer or their Association or Peer Representative knew, or should have known, of
the alleged violation. The notice must specify the sub-section violated and the facts underlying
the alleged violation. If the involved Officer or their Association or Peer Representative does
not provide timely notice of an alleged violation, the involved Officer cannot raise the issue in
any manner during a disciplinary appeal, and the hearing examiner cannot consider the
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alleged violation in making his or her decision in the appeal. If the City takes appropriate
actions which are deemed necessary to correct, reverse or cure the involved Officer's timely
asserted alleged violation, the involved Officer cannot raise the issue in any manner during a
disciplinary appeal, and the hearing examiner cannot consider the alleged violation in making his
or her decision in the appeal.
Section 3. Chain of Command Investigations
A. A "complaining party" is a person making a complaint that he or she was harmed
by the officer's alleged misconduct. Section 143.312 (b)(1) is preempted and does not apply.
B. Sections 4, 5 and 6 of this Article shall apply to procedures subsequent to chain of
command investigations.
C. TLGC Section 143.312 shall otherwise apply to chain of command investigations.
D. In a chain-of-command investigation, neither the supervisor conducting a chain-of-
command investigation, nor the Officer involved will be permitted to record any conversation.
Section 4. Disciplinary Suspensions
A. The Chief can impose a disciplinary suspension on Officers of up to 15 calendar
days, or an indefinite suspension. The Chief and the Officer shall retain the right under TLGC
Section 143.052(g) to agree in writing to voluntarily accept, with no right of appeal, a
suspension of 16 to 90 calendar days for the violation of a civil service rule.
B. Assistant Chiefs and Deputy Chiefs can impose disciplinary suspensions on
Officers of up to 5 calendar days. This disciplinary action is appealable to the same extent as
discipline imposed by the Chief pursuant to TLGC Chapter 143.
C. Commanders can impose disciplinary suspensions on Officers of up to 3 calendar
days. This disciplinary action is appealable to the same extent as discipline imposed by the Chief
pursuant to TLGC Chapter 143.
D. A person serving as the "Acting Chief' or "Interim Chief' shall have the same
power and authority to impose discipline as the Chief.
E. In this section, a "working day" is defined as an 8-hour day. If an Officer is
assigned to work a 10-hour shift, the Officer may use vacation leave or compensatory time for the
remaining two hours of the shift, or the Officer may elect to work the two hours anytime
during that workweek with the approval of their supervisor.
F. The Chief or the Chief's designee shall not be required to deliver in person a
written statement of suspension to the Officer being suspended. The written statement of
suspension shall be deemed to have been delivered upon the Officer when the written statement
of suspension(1) is hand-delivered to the suspended Officer by the Chief, the Chief's designee, or
by a designated messenger; or (2) is delivered to an attorney representing the suspended Officer.
A written statement is deemed delivered to the Officer's attorney by handing it to the attorney or
21
by leaving it with another attorney in the attorney's office or a member of the attorney's staff, or
by delivering it by any other means that the attorney consented to in writing. If the City attempts
in good faith to deliver the written statement as provided herein, but such attempts are
unsuccessful, the written statement may be mailed by certified mail to the last known address of
the suspended Officer. Service is complete upon mailing, and the suspension shall be
automatically appealed to an independent hearing examiner.
G. The written statement of suspension shall not include the officer's home address or
telephone number.
H. The written statement of suspension will not include charges or conclusions of
misconduct that are not related to or relevant to the charges that were sustained; however, this
does not preclude factual allegations from the investigation that were found to be true that relate
to or support the sustained charges. The written statement of suspension shall not list prior
disciplinary action that was considered by the Chief in his decision, but the City is entitled to
offer, at any hearing on appeal, evidence on the prior discipline or disciplinary history that was
considered in connection with the suspension imposed.
I. Within ten calendar days of an officer being placed on restricted duty, the
Chief shall provide the officer with a brief statement of the basis or reason for the action or
a written personnel complaint.
Section 5. Procedures After Felony Indictment or Misdemeanor Complaint
The Parties agree that TLGC § 143.056 shall be superseded as follows:
A. If an Officer is indicted for a felony or officially charged with the commission
of a Class A or B misdemeanor, the Chief may temporarily suspend the person with or without
pay for a period not to exceed forty-five (45) calendar days after the date of final disposition of
the specified felony indictment or misdemeanor complaint.
B. The Chief shall notify the suspended Officer in writing that the person is being
temporarily suspended for a specific period with or without pay and that the temporary
suspension is not intended to reflect an opinion on the merits of the indictment or complaint.
C. If the action directly related to the felony indictment or misdemeanor complaint
occurred or was discovered on or after the 180th day before the date of the indictment or
complaint, the Chief may, within forty-five (45) calendar days after the date of final disposition of
the indictment or complaint, bring a charge against the Officer for a violation of civil service
rules.
D. An Officer indicted for a felony or officially charged with the commission of a
Class A or B misdemeanor who has also been charged by the Chief with civil service violations
directly related to the indictment or complaint may delay the civil service hearing for not more
than thirty
(30) calendar days after the date of the final disposition of the indictment or complaint.
"Final disposition," for the purpose of this section, means a disposition in the trial court, by
acquittal,
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conviction, or plea agreement including a guilty plea, a no-contest plea, deferred
adjudication, or probation.
E. If the Chief temporarily suspends an Officer under this section and the Officer is
not found guilty of the indictment or complaint in a court of competent jurisdiction, the Officer
may appeal to the Commission or to a hearing examiner for recovery of back pay. The
Commission or hearing examiner may award all or part of the back pay or reject the appeal;
provided, however, that if an Officer has pleaded guilty or received probation or deferred
adjudication in connection with another or lesser included offense in order to obtain dismissal of
the felony or Class A or B misdemeanor, the Officer may not receive more than 180 days of back
pay in such an appeal.
F. Acquittal or dismissal of an indictment or a complaint does not mean that an
Officer has not violated civil service rules and does not negate the charges that may have been or
may be brought against the Officer by the Chief.
G. Final conviction of a felony shall terminate the employment of an Officer without
right of appeal, and conviction of a Class A or B misdemeanor may be cause for disciplinary
action or indefinite suspension.
H. The Chief may order an indefinite suspension based on an act classified as a felony
or a Class A or B misdemeanor after the 180-day period following the date of the discovery of the
act by the Chief if the Chief considers delay to be necessary to protect a criminal investigation of
the person's conduct. If the Chief intends to order an indefinite suspension after the 180-day
period, the Chief must file with the attorney general a statement describing the criminal
investigation and its objectives within 180 calendar days after the date the act complained of
occurred. Contemporaneously, the City will provide the Officer with a copy of the letter to the
attorney general.
I. If an Officer is indicted for a felony or officially charged with the commission
of a Class A or B misdemeanor the Officer shall notify the Chief of the charge or indictment
within 48 hours of any arrest related to the charge or indictment. Upon conviction, acquittal or
dismissal of a Class A or B misdemeanor or felony the Officer shall within 48 hours notify the
Chief.
Section 6. Hearing Examiner List and Selection Process
A. An Officer who appeals a disciplinary action may elect to appeal to an independent third-
party Hearing Examiner. The Hearing Examiner shall be selected pursuant to the procedure set
forth in this Section.
B. The Civil Service Director shall maintain a list of eight (8) neutral Hearing Examiners
selected by mutual agreement of the City and the Association to serve as Hearing Examiners.
The selected Hearing Examiners must have prior experience in hearing police disciplinary cases.
The City and the Association shall meet within thirty (30) calendar days after the execution of
this Agreement to select the Hearing Examiners that will be included on the initial list. If there is
a delay in reaching agreement on the initial list of Hearing Examiners, or reaching an agreement
on re-appointing any Hearing Examiners, the then-current list will remain in effect until a new
23
list is agreed to by the City and the Association. The Hearing Examiners who are selected for the
initial list shall serve until December 31, 2017, unless previously removed pursuant to this
Section. On December 31, 2017, each Hearing Examiner on the list on that date will be re-
appointed for a one-year term only if the City and the Association agree in writing. Thereafter,
each new or re-appointed Hearing Examiner shall serve a one-year term and will be re-appointed
only by mutual agreement of the City and the Association. If a Hearing Examiner who has been
designated to hear a disciplinary appeal is not re-appointed while that appeal is pending, that
Hearing Examiner will continue to hear that appeal to its conclusion. The City and the
Association may at any time, by mutual written agreement, remove or add Hearing Examiners to
such list. Any Hearing Examiner added to an existing list after the initial list is agreed to by the
City and the Association, will be appointed for a term to expire at the end of the calendar year in
which he or she was added to the list, and at the end of that calendar year, will be subject to re-
appointment as set out in this section.
C. At the same time that the City and Association agree to the initial list of Hearing
Examiners, set out above, the City and Association will also agree to a list of 3 Alternate Hearing
Examiners. Within 30 days after learning of a vacancy on the Hearing Examiners' list, such as by
resignation, incapacitation, death, or agreed-upon removal, the City and the Association shall
meet within 30 days of learning of the vacancy and select a replacement Hearing Examiner from
the list of Alternate Hearing Examiners. If the City and the Association cannot agree on who
should fill the vacancy from the Alternate Hearing Examiner list, then the replacement will be
chosen by alternating strikes, until one person remains. The party that exercises the first strike
will be determined by a coin toss. During that same meeting, the parties will either agree on a
replacement on the Alternate Hearing Examiner list for the person who was selected to be on the
Hearing Examiners' list, or the City and the Association will each submit one name and the
replacement will be determined by a coin toss. At the conclusion of that meeting, the Hearing
Examiner list will contain eight names and the Alternate Hearing Examiner list will contain three
names.
D. Within ten (10) business days after the date an appeal is filed, the Officer, individually, or
through the Officer's attorney, and the Chief through the designated attorney for the City may
agree on the selection of a Hearing Examiner from the list. If agreement cannot be reached, the
Civil Service Director or his or her designee shall select the first Hearing Examiner on the list.
E. The Hearing Examiner list shall initially be in alphabetical order. After a Hearing
Examiner is selected, by agreement or otherwise, the Civil Service Director or designee shall
notify the Hearing Examiner of the selection. If the Hearing Examiner agrees to hear the appeal,
that person will be designated as the Hearing Examiner for that appeal, and his or her name shall
be moved to the bottom of the Hearing Examiner list. The Civil Service Director, or designee,
shall note the date and time each appeal is filed, and will designate Hearing Examiners for such
appeals in the chronological order in which they are filed. If more than one appeal is received by
the Civil Service Director, or designee, at the same time, the Civil Service Director, or designee,
will file each with a different time-stamp, and the chronological order of the respective time-
stamps will determine the order in which they were filed. The determination of filing order by
the Civil Service Director, or designee, is final and cannot be changed. A Hearing Examiner for a
24
later-filed appeal will not be selected until after Hearing Examiners for all previously-filed
appeals have been designated unless by agreement.
F. This process shall apply to any appealable disciplinary action or back-pay appeal and to
all Officers covered by this Agreement, regardless of the Officer's affiliation with or
membership in the Association or who will represent the Officer in the appeal. Thus, each time
an appeal is filed by an Officer in which the Officer elects to have the appeal heard by an
independent hearing examiner, a Hearing Examiner from the Hearing Examiner list shall be
selected to hear the appeal.
G. In the event the written statement of suspension is delivered by mail, the deadline by
which the Parties have to agree to a Hearing Examiner from the Hearing Examiner list will be
extended until ten (10) business days after the Officer's actual receipt of the written statement.
H. The deadline by which the Officer and the Chief, through their representatives, may agree
upon a Hearing Examiner from the Hearing Examiner list may be extended by mutual agreement
of the representatives of the Parties with notice to the Civil Service Director or his or her
designee.
Section 7. Appeal
If an Officer is indefinitely or temporarily suspended or demoted (from a civil service
tested rank), the Officer shall have the right to appeal the suspension or demotion (from a civil
service tested rank) to the Civil Service Commission or to an Independent Third Party Hearing
Examiner, pursuant to the provisions of this Agreement. The Commission or Hearing Examiner
may affirm or reduce an indefinite suspension imposed by the Chief, to a temporary suspension
not to exceed 90 calendar days.
Section 8. Preemption
It is expressly understood and agreed that all provisions of this Article shall preempt any
statute, Executive Order, local ordinance, City policy or rule, which is in conflict with or is
inconsistent with this Article and the procedures developed hereunder, including for example and
not by way of limitation, any contrary provisions of Texas Local Government Code Chapters
141, 142, and 143, including but not limited to Section 143.312, and Chapter 143, Subchapters
A, B, C and I, as amended, and Texas Government Code Sections 614.021, 614.022 and
614.023.
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ARTICLE 8
DISPUTE RESOLUTION PROCEDURE
Section 1. Scope of Procedure.
The City and the Association agree that the purpose of the dispute resolution procedure
contained within this Article (herein procedure) is to provide a just and equitable method for
resolving disagreements between the Parties regarding the interpretation of the provisions of this
Agreement. Only matters involving the interpretation, application, enforcement or alleged
violation of a specific provision of this Agreement shall be subject to this procedure.
Disciplinary matters shall be administered pursuant to Chapter 143, TLGC or as otherwise
provided in this Agreement, including Article 7 above, and are not subject to this procedure.
Section 2. Time Limits.
The Parties shall adhere to the time limits as set forth in this procedure. In the event the
Officer or Association fails to meet the time limits at any step of the procedure, the Dispute shall
be considered resolved and no further action shall be taken. Failure by the City to meet the time
limits at any step shall be considered an unsatisfactory response and shall automatically allow the
Dispute to proceed to the next step. Such time limits may be waived, however, by mutual
consent of the Parties in writing.
Section 3. Steps.
A Dispute within the scope of this procedure as defined in Section 1 above shall be
handled as follows:
Step 1. Within thirty (30) Calendar Days of the event or circumstance made the basis of
the Dispute, an Officer shall submit such Dispute in writing to the Association with a copy to the
Chief. The written description of the Dispute must contain: (1) a statement of the facts upon
which the Dispute is based; (2) the Article or provision of the Agreement that is alleged to have
been violated; (3) the remedy sought; and (4) signature of the individual requesting the
resolution. A determination of whether a Dispute exists shall be made by a Dispute Resolution
Committee appointed by the Association or by the Association Board of Directors, at the
discretion of the Association Board. The committee or the Association Board of Directors,
whichever is applicable, shall meet and render its decision in writing within thirty (30) Calendar
Days of the receipt of the written Dispute by the Officer. In the event that the committee or the
Association Board of Directors, whichever is applicable, decides that a Dispute exists, the
Association shall prepare a formal written grievance regarding the Dispute and proceed to Step 2
as the representative of the grievant. Nothing herein shall prohibit the City from challenging
whether a Dispute is timely.
The Association shall judge each grievance in a fair and equitable manner. In its sole
discretion, the Association shall determine whether the grievance is valid or not. The Association
may modify, revise, or amend the grievance if necessary to properly place the dispute in issue for
resolution. Only the Association has standing to initiate, pursue or settle a grievance under the
terms of this Agreement.
It is the intent of the Parties to attempt to resolve Disputes over the application,
26
interpretation and enforcement of the Agreement at the lowest level.Nothing herein shall prevent
the Association from meeting and conferring with the City, its designees, the Chief or his or her
designees in an attempt to resolve the alleged Dispute before the time limits in Step 1 expire.
Step 2. The Association's written grievance may be emailed to the office of the Chief or
the Chief's designee at Police.Chief@FortWorthTexas.gov by 5 p.m. on the date the written
grievance is due. A hardcopy of the written grievance shall also be sent in regular mail or hand
delivered personally in writing to the office of the Chief or the Chief's designee. The Chief or the
Chief's designee shall have thirty (30) Calendar Days to act on the Dispute and render a decision
in writing. The Chief's response may be emailed to the Association at admin@fwpoa.org by 5
p.m. on the date the written response is due. A hardcopy of the written response shall also be sent
in regular mail or hand delivered personally in writing to the Association's offices.
If the Step 2 decision from the office of the Chief or Chief's designee contains an offer to
settle the dispute, the parties may have additional time to meet and confer at Step 2 as mutually
agreed in writing.
Step 3. If the Dispute is not resolved at Step 2, the Association shall submit its written
grievance to the City Manager and Civil Service Director within seven (7) Calendar Days from
the date that the Step 2 decision is received by the Association.
The City Manager shall review the matter and render a decision in writing within thirty
(30) Calendar Days. The Civil Service Director shall obtain the response from the City Manager
or the City Manager's designee and inform the President of the Association of the response and
results within seven (7) Calendar Days of the decision of the City Manager or the City
Manager's designee.
If the Dispute has not been settled at Step 3, the Parties shall have seven (7) Calendar
Days from the date the President of the Association is notified in writing of the Step 3 decision
of the City Manager or City Manager's designee, in which to appeal the Dispute to arbitration.
An appeal from the Association shall be submitted in writing to the Civil Service Director.
A Dispute protesting action by the City Council or City Manager shall be initiated at Step
3 instead of Step 2.
Section 4. Class Dispute.
The Association may submit a class action Dispute at Step 1 on behalf of similarly
situated members of the bargaining unit within thirty (30) Calendar Days of the aggrieved
Officer's actual or constructive knowledge of the occurrence or event made the basis of the
class-wide Dispute.
Section 5. Arbitration.
If a Dispute is submitted to arbitration as provided in Step 3 (above), the City and the
Association shall meet and confer within fourteen (14) Calendar Days regarding the selection of
an Arbitrator. If the Parties fail to agree upon an Arbitrator, the parties agree that the Arbitrator
will be selected from the list of eight (8) neutral Hearing Examiners who have prior experience
hearing grievance arbitrations agreed to by the parties under Article 7, Section 6(B) of this
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Agreement, and that the process for selecting the Arbitrator for the Dispute will be the same as
selecting a Hearing Examiner set out in Article 7, Section 6(B). All of the provisions of Article 7,
Section 6(B) that apply to maintaining a list of Hearing Examiners and selecting a Hearing
Examiner for a civil service appeal will also apply to maintaining a list of Arbitrators and
selecting an Arbitrator to decide a Dispute brought under this Article. This list of Hearing
Examiners maintained by the Civil Service Director will be under this Article
The conduct of the hearing shall be governed by the rules set out for civil service
hearings in the Civil Service Commission Rules, except as such rules conflict with any provision
in this section.
Upon written request delivered at least seven (7) Calendar Days prior to the date of the
hearing, a Party to the proceeding shall provide to the opposing Party the names and addresses of
witnesses expected to be called at the hearing. In the absence of good or excusable cause, the
Arbitrator may exclude the testimony of a witness upon the failure of a Party to disclose such a
witness. The Parties, in writing, may request discovery from each other concerning the Dispute.
Should the opposing Party not agree to provide the requested information within seven (7)
Calendar Days of the request; the request shall be deemed denied. The requesting Party may then
apply to the Arbitrator, who shall order such discovery as is appropriate to the nature of the case,
consistent with, but not bound by, the rules of discovery in Texas civil cases. In considering the
application, the Arbitrator, shall consider the burden and expense of producing the information,
the need of the requesting Party, the amount of time available prior to the hearing, and such other
matters as he or she may deem material. In no event shall discovery be requested within seven
(7) Calendar Days prior to the hearing. Subject to rulings by the Arbitrator, the City is required
without subpoena to produce all fact/relevant witnesses that are employed by the City as
requested in writing by the Association at least two weeks prior to the hearing.
The Arbitrator shall not have the power to add to, amend, modify, or subtract from the
provisions of this Agreement in arriving at his or her decision on the issue or issues presented
and shall confine his or her decision to the interpretation of this Agreement. The Arbitrator shall
confine himself or herself to the precise issue or issues submitted for arbitration and shall have
no authority to determine any other issues not so submitted to him or her. The decision of the
Arbitrator shall be final and binding upon the City and the Association. Within thirty (30)
Calendar Days after conclusion of the hearing or the filing of briefs the Arbitrator shall issue a
written opinion and award with respect to the issues presented. A copy of the Arbitrator's
opinion and award shall be mailed or delivered to the Association and the City's representative.
It is specifically and expressly understood that a grievance under this Article that is
submitted, as its last step, to final and binding arbitration, constitutes an election of remedies and
a waiver of any and all rights by either Party, to litigate or otherwise contest the last answer
rendered through this grievance procedure in any court or other appeal forum, unless the
Arbitrator exceeds the scope of his or her jurisdiction or authority hereunder or the decision was
procured by fraud or other unlawful means, or is based upon a clear and manifest error of law.
In such event, a Court may set aside an award and require arbitration before another Arbitrator.
The City shall bear the expense of any witnesses called by the City. The Association shall
bear the expense of any witnesses called by the Association, which shall include the grievant(s),
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Association Officers, and any supporting members not testifying as to matters within their assigned
official role or duty. If the Association calls an Officer as a witness to matters related to the
Officer's duty, the Parties will coordinate to make the appearance possible on duty, and if not
possible or the City so elects, the City will pay the Officer in accordance with the policy on Court
time appearances. The City and the Association shall share equally the fees and expenses of the
Arbitrator. If a transcript of the proceedings is requested, then the Party requesting it shall pay for
such transcript, unless otherwise agreed to by the Parties.
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ARTICLE 9
LABOR RELATIONS CONSULTATION PROCESS
The City and the Association, having recognized that communication between management and
employees is indispensable to the accomplishment of sound and harmonious labor relations shall
jointly maintain and support a Labor Relations Consultation process. In Article 1 of this
Agreement, the City has recognized the Association as the sole and exclusive bargaining agent
for all covered Officers pursuant to Subsection I of Chapter 143 of the TLGC, excluding the rank
of Chief of Police, assistant chief, deputy chief, reserve officers, police trainees and non-sworn
employees. Therefore, the Chief will not negotiate with individual representatives of other labor
organizations or committees composed of such representatives regarding wages, hours of work,
working conditions, and other terms and conditions of employment to which the City and
Association have agreed as described in this Agreement.
The Chief will not negotiate with individual representatives of other labor organizations or
committees composed of such representatives regarding wages, hours of work, working conditions,
and other terms and conditions of employment to which the City and Association have agreed
as described in this Agreement.
Nothing in this Agreement prohibits the Chief from creating advisory committees of covered
Officers from other labor organizations acting in an individual (non-representative) capacity and
nothing in this Agreement prohibits the Chief from creating any committees in the Chief's
command staff. It is understood and agreed that this provision is intended to prohibit Officers
from being appointed to a committee primarily because of their office or position in another
labor organization instead of their knowledge, experience, expertise or assignment which would be
beneficial to the work of the committee.
The Chief, or Chief's designee, shall meet with the Association President and his or her designated
representatives, during each month, in order to discuss issues and working conditions covered by
this Agreement.
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ARTICLE 10
WAGES AND CERTAIN SPECIAL PAYS
Section 1. Wages
Subject to all the other provisions of this Agreement, the wages of the Officers covered
by this Agreement shall be paid, during the existence of this Agreement, in accordance with the
wage rates, terms, and conditions described in the structured pay plan described in Appendix C,
which is incorporated by reference.
In general terms, the pay plan provides for the following across the board increases:
• Effective the first full pay period after June 1, 2017 all Officers shall receive a
2.2% for Fiscal Year 2016-2017;
• Effective the first full pay period after October 1, 2017 all Officers shall receive a
2% for Fiscal Year 2017-2018;
• Effective the first full pay period after October 1, 2018 all Officers shall receive a
3.1% for Fiscal Year 2018-2019; and
• Effective the first full pay period after October 1, 2019 all Officers shall receive a
3.1% for Fiscal Year 2019-2020.
Each Officer who is (1) commissioned on or before June 1, 2017; and (2) employed by
the City and is a member of the bargaining unit on that date, will be paid a one-time contract
incentive payment, in recognition for the ratification of this Agreement, in the amount of at least
$1,182.39, less all required withholdings and contributions. This payment will be made to each
eligible Officer effective with the first full pay period after June 1, 2017. Such payment will be
considered to be "earnings," for the calendar year 2017, as that term us used in the Pension
ordinance.
Section 2. Education Incentive and Certificate Incentive Pays
Effective the first pay period after October 1, 2017 all Officers shall be paid for the
highest degree and the highest certificate pay as outlined below:
Educational Monthly Certificate Monthly
Incentive Pay Incentive Pa
Associate degree $60.00 Intermediate $30.00
or 60 accredited Certificate
college hours
Bachelor's degree $180.00 Advanced $60.00
Certificate
Master's degree $240.00 Master Peace $240.00
Officer Certificate
Doctorate degree $300.00
or higher
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ARTICLE 11
HIRING FOR BEGINNING POSITIONS IN THE
FORT WORTH POLICE DEPARTMENT
Section 1. The entry-level hiring procedures and Minimum Standards listed in The City of Fort
Worth Firefighters' and Police Officers' Civil Service Rules and Regulations ("Local Rules")
will be used for hiring entry-level police officers when not in conflict with this Article.
Section 2. Subject to City Council review, approval, and oversight authority, the Civil Service
Commission ("Commission") or the Civil Service Director acting as the Commission's designee
shall maintain authority and jurisdiction over the entry-level hiring process as described in this
Article, including issues related to the enforcement, interpretation, or revision of the entry-
level recruitment and hiring process described in this Article. The Commission shall approve any
changes to the classification structure, entry-level hiring procedures, and Minimum Standards in
the Local Rules. During this Agreement, the City will first discuss with the Association any
changes to be recommended to the Commission relating to entry-level hiring procedures or
Minimum Standards in the Local Rules. The City Council shall establish the number of positions
in the Department and may approve, disapprove, or modify any changes to the classification
structure made by the Commission. For the limited purpose of interpreting this Article, the
provisions of Section 143.021 (a) and (b) of the TLGC will apply to the extent such provisions
are not modified or superseded by the provisions of this Agreement.
Section 3. All entry-level candidates for police officer, re-appointed FWPD officers and lateral
law enforcement officers hired under the modified hiring process shall be required to pass the
identical steps in the hiring process including but not limited to the City authorized medical
examination, drug screening, physical fitness and psychological examination to be considered for
employment as a police officer. Any candidate who fails to pass the medical examination or
psychological examination may appeal that result by following the procedures described in the
Local Rules, Section 6.27 (or successor or superseding Sections).
Section 4. Recruitment for police officer candidates shall be a cooperative effort between the
Department and the Human Resources Department. Recruitment methods shall be based on the
needs of the Department to maintain full staffing to the extent possible. Recruitment efforts will
be publicized, using methods and locations the Department deems are appropriate, and
recruitment notices will be posted on the City's Job Announcement web page. Recruitment may
be conducted on a continuous or periodic basis depending on the staffing needs of the
Department, in addition to other places the Department deems are appropriate.
Section 5. Eligibility to become a police officer will be determined by a candidate's ability
to meet the minimum standards established in the Local Rules. Candidates must meet all
minimum standards and requirements to be eligible for future licensing by the Texas
Commission on Law Enforcement. A candidate must be 20 years of age and cannot yet be 45
years of age on the date of the entry-level test required of that candidate.
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Section 6. The selection of a candidate to be a police officer shall be based primarily upon
the candidate's suitability to serve as a police officer, as determined by the Chief or the Chief's
designee. All testing and selection procedures shall be designed and intended to identify the most
suitable candidates for selection from those who apply and to exclude those candidates who are
deemed not likely to possess the characteristics and abilities to be successful in the performance
of police work. All candidates that are not hired under the Modified Hiring Process for Lateral
Entry Officers as described in Section 13 of this Article, shall be required to pass an entry-level
test intended and designed to measure the candidate's suitability and ability to perform police
work. A passing score will be established, based on the psychometric characteristics of the test as
recommended by the test publisher. A candidate may be tested only once for a specific eligibility
list. Candidates may be tested at different times and in different locations as long as adequate test
security and test monitoring is used to insure the safety and fairness of the test. Examinations for
beginning positions in the police department do not have to be held within the municipality. The
same test will be used to test all candidates for a specific eligibility list. The City can limit the
number of applicants who will be allowed to sit for a particular test. If the number of applicants
is limited by the City, the number of applicants who will be allowed to sit for the test may be
included in the announcement related to the test. Those who will be allowed to sit for the test
will be determined based on minimum standards and by the order in which they submitted their
completed applications.
Candidates who have been honorably discharged from United States military service must
provide proof of an honorable discharge by submitting a DD 214 which shows an honorable
discharge at least twenty-four (24) hours prior to the date and time of the entry-level test. The
candidate characteristics for which additional points shall be added to a passing test score and the
point values for such characteristics are as follows:
U.S. Military Veteran 5 points
(with honorable discharge per DD 214)
Associate's degree or 60+ semester hours
(or equivalent) of college credit 1 point
Bachelor's degree (or higher degree) 3 points
Resident of Fort Worth for six months
or more at the time of their entry-level test
(includes college students,if
their primary residence is Fort Worth) 3 points
Current state-certified (Texas or other state)
law enforcement officer not offered a position in
modified hiring process 3 points
Currently licensed State Jailers, police or fire
telecommunicators, and prior law enforcement officers
so long as applicants was not terminated
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for reasons that would be violations of FWPD
general orders 2 points
Additional points will be awarded only for the highest educational degree. Example: A
candidate with an Associate's degree and a Bachelor's degree will receive additional points for
the Bachelor's degree only. All college credits and degrees must be from an accredited college or
university. Five (5) points is the maximum cumulative number of additional points which shall
be added to a candidate's passing test score.
Section 7. Candidates with passing test scores will be placed on an eligibility list in the order
of their overall eligibility scores (test score plus additional points). The entire eligibility list will
be provided to the police department at one time for further processing and all those applicants
will be considered to have been "referred" at that time. New eligibility lists may be created while
an active list is being processed. The effective dates of an eligibility list may be set to coincide
with the expiration of an existing list, a time period between three (3) and eighteen (18) months,
until a specific number of candidates for an academy class have been hired or any combination
of these. The conditions that will determine when an active list may be closed, other than by the
Commission, must be determined prior to the posting of the exam. Candidates may not be hired
from an eligibility list that is created after an existing active eligibility list has been established
until the existing list has been exhausted or has expired. An exception to this is that a Lateral
Entry Officer ("LEO") may be processed and hired while an existing eligibility list is in effect.
With the approval of the Commission, the Civil Service Director may close an eligibility list and
cancel all candidate processing if sufficient reason, as determined by the Commission, exists to
do so.
Section S. The rank order of candidates having the same eligibility score will be determined
by a lottery. Each such candidate will draw a number from a pool of mixed numbers randomly
chosen for each list. Candidates drawing the lowest lottery numbers will be assigned the highest
rank order among those candidates with the same eligibility score.
Section 9. The Department will determine those candidates who are most suitable to be hired
as police officers based on a structured and job-related selection process. The selection process
will include testing for physical ability, personal characteristics linked to the performance of
essential job functions, decision-making, communication skills, and interpersonal skills. The
Department may utilize interview boards, assessment exercises, written tests, electronically
administered test, polygraph examinations, background reviews, personal references or other
appropriate selection methods to assess candidates as long as the methods have been reviewed by
the Human Resources Department and found to be objective and job-related and applied
consistently in processing candidates. Pass/fail standards or relative weighting standards may be
established for the various selection methods. A candidate must complete and pass each step in
the entry-level hiring process before being allowed to proceed to the next step in the process.
Any candidate needing a reasonable accommodation in order to complete a step in the process
will be afforded an opportunity to request that accommodation. A final review will be conducted
by the Chief or the Chief's designee who will make the final determination whether to hire a
candidate. The Civil Service Director or designee will review all rejection decisions to help
ensure consistency and fairness in the selection process, and any corrections or errors not
34
resolved by the Chief or the Chief's designee shall be referred to the Commission for a decision.
Any disagreement on the rejection of a candidate between the Chief or the Chief's designee and
the Commission will be resolved by the City Manager, or designee.
Section 10. All candidates on an eligibility list must be processed and either hired or rejected
before candidates lower on the list may be hired. In the event there is a delay in processing one
or more candidates that could prevent the Department from the timely seating of an academy
class, the Civil Service Director may, upon written request and appropriate justification by the
Chief or the Chief's designee, allow the candidate(s) to be by-passed and candidate(s) lower on
the list, or from another eligibility list, to be hired.
Section 11. (a) All new hire, LEOs, and reappointed officers will serve a probationary period
beginning on the date of hire as a police officer or recruit/trainee, and ending one year following
being commissioned (or recommissioned) as a Fort Worth police officer. In the event that a
probationary employee is unable to satisfactorily perform duties or training during the
probationary period due to a temporary physical or mental impairment, or condition, or
temporary on duty injury, the Department may either terminate the employee or suspend the
probationary period (as of the date served) and restart the probationary period when the person is
capable of proceeding with the essential functions and duties of the job and/or training. The
determination of whether to terminate the employee or suspend the probation should be made as
part of the interactive process if the ADA is implicated. In the event that a probationary
employee is unable to satisfactorily perform duties or training during the probationary period due
to pregnancy, the Department may suspend the probationary period (as of the date served) and
restart the probationary period when the person is capable of proceeding with the essential
functions and duties of the job and/or training. This provision does not override or modify any
other rights or privileges of the officer independent of Chapter 143 of the TLGC. During the
probationary period, a probationary employee may be disciplined or terminated without civil
service appeal rights. Upon completion of the probationary period, the employee will have full
civil service protection, except as modified or abridged by this Agreement.
(b) Leave benefits for probationary police officers will accrue and become accessible based upon
length of continuous service from date of hire. Probationary police officers will be eligible to
use available sick leave after six months of service from the date of hire. Probationary police
officers will be eligible to use available vacation and family leave after one year of service from
the date of hire. Probationary police officers who terminate after one year of service from the
date of hire will be paid for any accrued but unused vacation time as stated within the City of
Fort Worth Personnel Rules and Regulations.
Section 12. Modified Hiring Process for Reappointed CFW Officers
(a) The Chief may reappoint former City of Fort Worth Officers in accordance with the City of
Fort Worth Firefighters' and Police Officers' Civil Service Rules and Regulations (Local Rules)
(or any successor or superseding provisions), beginning with the provisions of 6.33 in Chapter 6,
entitled "Reappointment After Resignation for Police Department" except that the probationary
period will be 12 months, rather than 6 months. All former City of Fort Worth Officers who are
reappointed pursuant to this Article will be reappointed at the rank of Police Officer.
35
(b) Beginning compensation for Officers who are reappointed twelve months or more after their
last day of work as an Officer for the City will be that of a Police Officer at Step 3 for Officers
who served between 2—5 years and Step 4 for Officers who served 6 or more years as described
in the structured pay plan in Appendix C. All benefits, including leave accruals and longevity
pay for these Officers will be based on their date of reappointment.
(c) Beginning compensation for Officers who are reappointed less than twelve months after their
last day of work as an Officer for the City will be that of a Police Officer, at the step of the
structured pay plan described in Appendix C, based on the reappointed Officer's years of service
with the City before their voluntary resignation, rounded down to the nearest year. For example,
an Officer who, at the time they voluntarily resigned their employment with the City, was at the
rank of Sergeant with 12 years and six months of service, who is reappointed eight months after
their resignation, would be reappointed at the rank of Police Officer, and their beginning
compensation would be at the step for a Police Officer with 12 years of service. All benefits,
including leave accruals and longevity pay for these Officers will be based on their date of
reappointment.
(d) The Chief may adopt a written policy on commissioning and training requirements of
reappointed officers.
Section 13. Modified Hiring Process for Lateral Entry Officers ("LEOs")
The Chief shall establish requirements for applicants for lateral hiring from other law
enforcement agencies. The requirements need not be the same as those established by Chapter
143 or those applicable to applicants for the position of recruit in the regular training academy.
The requirements may be modified by the Chief, but shall include at least the following:
(a) At the time of application, each LEO applicant must:
(1) be actively employed as a full-time paid police officer with a municipal,
county or state law enforcement agency, provided that:
(a) the applicant has a total of 3 years of active service for one or more
municipal, county, or state law enforcement agencies that has at least 30 sworn police
officers and handles a full array of urban police work (i.e., respond to all types of calls for
law enforcement services);.
(b) LEO applicants who work or worked for an agency that has fewer
than 30 sworn police officers will be evaluated on a case-by-case basis.
(2) be no less than 20 years, 6 months old and have not reached their 46th
birthday at the time they apply to be hired as a LEO; and
(3) have obtained a high school diploma, or a GED.
36
(b) The Chief, or designee, at his or her sole discretion can deny the application of
any LEO applicant. The Chief will take the necessary steps for all applicants to make sure
that they accomplish the required hours and learn the necessary curriculum to receive a
Texas Peace Officer License by TCOLE, prior to graduation (if they do not already have
a license at the time of application) and to be eligible for the intermediate certificate prior
to completing their academy course of study.
(c) The Chief shall establish the selection criteria and procedures for the Modified
Hiring Process, consistent with this Agreement. Applicants who meet the selection
criteria and procedures may be hired without being placed on an eligibility list.
(d) Upon commissioning with the City of Fort Worth, the applicant will be placed in
a position senior to those applicants in the Department's regular Training Academy who
have not been commissioned.
LelThe Chief shall establish the training requirements for a Modified Training Academy
for LEOs. All applicants hired through the Modified Hiring Process must successfully
complete the Modified Training Academy. The Chief may determine that an applicant
for an LEO class should complete additional training, as required by the Chief, up to and
including the full training academy curriculum. LEO trainees will be paid in
accordance with section 13 0) below during their training.
f�All applicants will serve a probationary period from the date of hire until
completion of the Modified Training Academy and one year following being
commissioned as a Fort Worth police officer. In the event that a probationary employee is
unable to satisfactorily perform duties or training during the probationary period due to a
temporary physical or mental impairment or condition, such as pregnancy, or temporary
on duty injury, the Department may either terminate the employee or suspend the
probationary period (as of the date served) and restart the probationary period when the
person is capable of proceeding with the essential functions and duties of the job and/or
training. The determination of whether to terminate the employee or suspend the
probation should be made as part of the interactive process if the ADA is implicated. This
provision does not override or modify any other rights or privileges of the officer
independent of Chapter 143 of the TLGC. During the probationary period, a
probationary employee may be terminated without civil service appeal rights. Upon
completion of the probationary period, the employee will have full civil service
protection, except as modified or abridged by this Agreement.
�gjEach applicant will be assigned to a Field Training Officer (FTO) for a minimum of
8 weeks, unless an exception is granted based on a recommendation of the FTO and
approved by the Chief or designee allowing the officer to end the FTO assignment after 6
weeks. If the exception is granted, one of the six weeks of training will be with an FTO
in plainclothes, commonly referred to as the ghost phase. Otherwise, at least two weeks
of training will be with an FTO in plainclothes, commonly referred to as the ghost phase.
37
N_Regardless of any rank or position the officer previously held in another law
enforcement agency, an applicant who successfully completes the Modified Training
Academy will be placed in the civil service classification of Police Officer and will
automatically become a full-fledged civil service employee with full civil service
protection, subject to successfully completing probation.
The pay rate for lateral hires with 3— 5 years of law enforcement experience will be
compensated at the Officer Step 3 rate of pay of the structured pay plan described in
Appendix C. The pay rate for lateral hires with 6 or more years of experience will
be compensated at the Officer Step 4 rate of pay of the structured pay plan described in
Appendix C.
0) The Modified Hiring Process described by this Article may be used by the Chief to
commission up to sixty applicants for lateral hiring from other applicable Law
Enforcement Agencies each fiscal year, and each fiscal year, after hiring 60 such
Officers, additional laterals may be hired on a one-to-one basis with applicants hired
to attend the regular police academy.
Section 14. Electronic Testing
The City may, during the term of this Agreement, begin testing applicants for entry-
level positions by using electronic or computer testing procedures. The decision regarding
how and when to begin electronic or computer testing will be made by the City, in its sole
discretion.
Section 15. Preemption.
In accordance with the provision in TLGC Section 143.307, the Parties expressly
agree that this Article shall preempt and supersede any inconsistent provisions contained in
TLGC Chapter 143, including but not limited to Section 141.032 and Sections 143.021 through
143.037. The parties further expressly agree that this Article preempts any inconsistent
provision in the City of Fort Worth Firefighters' and Police Officers' Civil Service Rules
and Regulations (Local Rules).
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ARTICLE 12
COMPENSATORY TIME AND SPECIAL EVENTS STAFFING
Section 1.
a) As permitted by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(o),
the City may compensate Officers with compensatory time in lieu of overtime compensation
required by the FLSA, 29 U.S.C. § 207. Such compensatory time will be at a rate of not less
than one and one-half hours for each hour of employment for which overtime compensation is
required by 29 U.S.C. § 207. Officers shall accrue overtime based on a 40-hour workweek.
b) The Officer has the option prior to accepting the work assignment to refuse such
compensatory time off and elect to be paid overtime at one and one-half the Officer's regular rate
of pay. This Article supersedes any and all agreements or understandings related to
compensatory time arrived at between the City and any individual member of the bargaining unit
during the term of this Agreement. If this Agreement expires, any lawful contracts or
understandings that were made with individual Officers regarding compensatory time will apply.
C) Officers shall be allowed to accrue compensatory time up to a maximum accrual
of two hundred and forty (240) hours. The rank of Captain shall be a non-exempt position for the
purpose of earning and paying overtime, in accordance with the FLSA, 29 U.S.C. § 207 and
Texas Local Government Code Section 142.0015.
Section 2. Special Event Staffing
a) Definitions
In this Section:
(1) The Chief shall have the authority to designate Special Events, and shall notify all
Officers of such designations each year. This Section shall apply to those special events.
(2) "Significant schedule change" or "schedule change" means a change to an
Officer's regularly assigned duty-hours or days off, or an assignment of additional overtime
work hours, initiated or approved by the Chief of Police or Assistant Chief of Police.
(3) "Department Overtime" or "Elective Department Overtime" means voluntary
participation in job or duty related assignments originating from within the Department, which
are outside an employee's regularly scheduled forty (40) hours of work per week, and for which
the employee normally, but not necessarily, receives overtime compensation from the City of
Fort Worth. Compensation either can be at the expense of the Department or reimbursed through
outside funding, and will be included in the Officer's regular City payroll. This does not include
Court Overtime, late calls, overtime related to workload or emergency holdovers.
b) Special Event Staffing
The Chief of Police shall have the responsibility of staffing Special Events. The number
of Officers needed at any such Event shall be within the exclusive prerogative of the Chief.
39
c) Department Overtime Policies
Department policies shall apply to Special Event assignments except as modified by this
Agreement.
d) Special Events
(1) This Subsection shall only apply to Special Events assignments. The purpose of
this Subsection is to lessen the need for reassigning Officers from their normal duty assignments
while still adequately staffing the Special Events to protect our citizens and visitors. Subject to
the provisions set out below, nothing in this Subsection shall be construed as limiting the Police
Chief's authority and discretion to determine personnel assignments.
(2) The Department shall establish a volunteer sign-up roster for non-exempt Officers
who wish to work Special Events as an Elective Department Overtime assignment.
(3) The Department shall first be required to call or otherwise make available the
opportunity for eligible Officers on the Volunteer Roster to work as an Elective Department
Overtime assignment. The Volunteer Roster shall be open for at least twenty one (21) days, after
which the Department may fill any remaining need for certified personnel with: (1) paid or
volunteer peace officers employed by Outside Law Enforcement Agencies, and/or (2) paid
Reserve Officers, and/or (3) by a schedule change for Officers not on the Volunteer Roster. If
sufficient staffing has not been achieved using these options, the Police Chief may require
Officers to work additional hours as overtime at overtime rates, subject to Department policies
and this Agreement. Officers not on the Volunteer Roster whose schedules are changed to work
Special Events may use vacation leave or may modify their regular schedules, with supervisory
approval, so that the Special Events shift(s) qualify for overtime.
(4) Officers on the Special Events Volunteer Roster may be denied the ability to work Special
Events:
(i) In accordance with Department overtime, elective and secondary employment,
and attendance policies; or
(ii) If assigning an Officer from the Volunteer Roster creates a need for backfill.
(5) The parties agree that denial of an Officer's ability to work Special Events, the
failure for any reason to select or use an Officer on the Volunteer Roster, or the reassignment of
an Officer from their normal duty assignment shall not provide the basis for a dispute, claim, or
complaint under Article 8 of this AGREEMENT. This provision does not prohibit a dispute,
claim, or complaint under Article 8 of this AGREEMENT for the failure to comply with the
process set forth herein.
(6) Non-exempt Officers selected from the Special Events Volunteer Roster or
assigned to work additional overtime hours, shall receive overtime pay, at the rate of 1.5 times
the Officer's regular rate of pay, for productive hours worked in excess of forty (40) in a work
week. If vacation hours are approved by the Department for the stated purpose of working a
Special Event, those hours shall be productive hours for overtime purposes. This Section does
not otherwise change the City policy or rules for productive hours for overtime purposes.
e)Notice of Significant Schedule Change for Special Events
40
(1) Except for exigent circumstances, the City will make a good faith effort to ensure
that an Officer subjected to a significant schedule change or assigned additional hours or work
above the normal forty (40) hour schedule to perform duties at a Special Event will be provided a
fourteen (14) calendar-day notice of the schedule change. If such notice is not provided, the
Officer will be paid double time instead of time and one half for all such rescheduled hours.
(2) This Subsection shall not apply to:
(a) A significant schedule change caused, less than fourteen (14) days prior to the
Special Event by the need to back-fill for any law enforcement personnel assigned to work the
Special Event pursuant to this Section but who is not available for the assignment.
(b) A significant schedule change caused, less than fourteen (14) days prior to the
Special Event by an unforeseen change in the schedule or scope of the Special Event.
Section 3. Preemption
The provisions of this Article shall supersede and preempt the provisions of any statute,
executive order, local ordinance or rule which is in conflict with or is inconsistent with this
Agreement and the procedures developed hereunder, including for example and not by way of
limitation, any contrary provisions of Chapters 141, 142, and 143 of the Texas Local
Government Code. Work hours required in compliance with this Article or the past practice of
the Department for extra schedule work (such as hold over duty time) are permitted
notwithstanding any provisions in Chapter 142 of the Texas Local Government Code, which is
preempted to such extent.
41
ARTICLE 13
SENIORITY
Section 1. Seniority Defined
A. For persons in the police officer classification, seniority for the purpose of
asserting a seniority preference shall be determined by the date of the commission. If the
commission dates are the same for two or more Officers, seniority will be determined by the
Officers' relative final position in their academy class.
B. For persons above the police officer classification, seniority for the purpose of
asserting a seniority preference shall be determined by the date of promotion to the person's
current classification. If the promotion dates are the same for two or more such persons above
the officer classification, seniority will be determined by their position on the eligibility list,from
which they were promoted to their current classification, provided that any officer promoted after
being by-passed shall not be senior to an officer actually promoted first.
C. For Lateral Entry Officers ("LEOs") hired pursuant to Article 11, Section 13,
seniority for the purpose of asserting a seniority preference shall be determined by the date of
commission. If the commission dates are the same for two or more LEOs, seniority will be
determined by the LEOs' relative final positions in their Modified Training Academy class.
Regardless of the pay rate established for each LEO, seniority for purposes of eligibility for
longevity pay shall begin when the officer successfully completes the Modified Training
Academy.
D. Seniority for Officers who are reappointed after voluntary resignation shall be
determined by their date of reappointment.
E. Officers may not assert their seniority to bump other Officers from their days off,
holidays, or vacations that have already been set.
F. The Chief may make assignments based upon hardship or other special needs.
G. Assignments of the Chief are not subject to challenge or grievance.
Section 2. Tiebreaker for Promotion
For all promotional opportunities, if two or more persons tie on final scores, the tie will
be broken in favor of the person who has the highest examination raw score, prior to the
additional of seniority points, but after the Civil Service Commission's determination of
appealed questions, if any. If two or more persons continue to have tied raw scores, then
seniority, as defined in this Article, will be the only factor used to break that tie on the eligibility
list for the promotional opportunity.
1
Section 3. Seniority after Demotion and Eligibility for Promotional Examinations
If an Officer is removed from an appointed classification solely at the discretion of the
Chief, the Officer will be reinstated to his or her prior tested classification with no loss of
seniority rights or break in service.
42
TLGC Section 143.085, Force Reduction and Reinstatement List, is superseded to the
extent that if the Chief demotes an Officer from an appointed position and the Officer's return to
his/her prior tested classification results in an Officer who holds a civil service classified position
with the least seniority in that classification being demoted, the demoted officer shall remain on
the reinstatement list for promotion to the classified position from which he/she was demoted
until such time as a new position in that classified position becomes vacant. Any such affected
Officer shall not be required to re-test for their previously held classification to be eligible for
promotion to that position from the reinstatement list.
Section 4. Purposes for which Seniority can be Asserted
Officers in the rank of lieutenant and below may assert seniority preference for unit and
shift assignment in accordance with the General Order, or Special Order, promulgated by the
Chief, for In-House Vacancy Selection of Sworn Personnel. If the Chief determines that a
revision to the above-stated General Order, or Special Order, is necessary, the Chief or the
Chief's designee, and not more than two (2) representatives of the Association will discuss the
proposed changes prior to implementation. The Chief s decision on any revision to the above-
stated General Order or Special Order will be final.
Section 5. Commission Date for Reappointed Officers
A. The adjusted commission date for Officers who are reappointed twelve months or
more after voluntary resignation shall be determined by their date of reappointment. Such an
Officer's seniority will be based on the Officer's adjusted commission date for asserting a
promotional or seniority preference.
B. The adjusted commission date for Officers who are reappointed less than twelve
months after voluntary resignation will be based on the years of service prior to the Officers'
resignation. For example, the adjusted commission date for an Officer who was hired on 1.1.03,
resigned after 12 years and three months of service (on 4.1.15), and was reappointed eight
months after resignation (on 12.1.15), is 12 years and three months before the officer's date of
reappointment (that is, the adjusted commission date will be 9.1.03. Such an Officer's seniority
will be based on the Officer's adjusted commission date for asserting a promotional or seniority
preference.
Section 6. Preemption
In accordance with the provision in TLGC Section 143.307, the Parties expressly agree
that this Article shall preempt and supersede any inconsistent provisions contained in any Civil
Service Commission Rule, including Rule 11.07, and TLGC Chapters 141, 142 and 143,
including but not limited to Section 141.032.
43
ARTICLE 14
PHYSICAL FITNESS PROGRAM
Section 1. Applicability
a. Voluntary participation for incumbent Officers. Officers hired prior to October 1,
2009 may voluntarily participate in the mandatory physical fitness provisions of this Article. As
to such Officers, the provisions of Chapter 143 shall continue to apply to any issues of fitness for
duty, light duty, assignment, line of duty injury leave, or disability retirement.
b. Mandatory Participation for Future Officers and Reappointed Officers. Officers
and reappointed officers hired on or after October 1, 2009 shall be required as a condition of
continued employment to be and remain physically fit during their employment with the
Department. The basis for the standards is further delineated below.
Section 2. Principles of Agreement
The Parties have agreed that implementing a Department wide physical fitness program
and culture will require different strategies tailored to Officers in various career phases, and a
transition period in order to facilitate the necessary changes and expectations for the program to
work and achieve support. The Parties agree that a combination of these components are
necessary:
(1) Appropriate standards based on actual biometric studies of job tasks, and
taking into account factors such as an Officer's rank, assignment and duties.
(2) Incentives for physical improvement and conditioning.
(3) A process for application and enforcement which is objective, fair and
provides for an appeal.
(4) Identification of a category of Officers exempted from the mandatory fitness
standards.
Section 3. Physical Fitness Trainer
The City shall designate a physical fitness trainer on a full-time basis to assist Officers to
reach program fitness levels.
Section 4. Physical Fitness Incentive Pay
A. Officers hired before October 1, 2009: Officers who achieve voluntary physical
fitness standards established in accordance with the criteria in this Article shall be paid a
physical fitness incentive of$1,000.00 per year and payable in September of each year in which
the Officer meets the applicable annual physical fitness standard. No Officer shall be eligible for
more than one $1,000.00 physical fitness incentive payment per year.
B. Officers and Reappointed Officers Hired on or After October 1, 2009: These
Officers and Reappointed Officers shall be required to meet the mandatory physical fitness
standards established in accordance with the criteria in this Article and as recommended by the
Joint Committee on Physical Fitness, as modified from time to time by the Human Resources
Department and the Chief of Police. Officers who achieve mandatory physical fitness standards
44
established in accordance with the criteria in this Article shall be paid a physical fitness incentive
of $1,000.00 per year and payable in September of each year in which the Officer meets the
applicable annual physical fitness standard. No Officer shall be eligible for more than one
$1,000.00 physical fitness incentive payment per year.
Section 5. Officers Previously Receiving$300.00 into HRA
A. Effective upon execution of this Agreement, the City will no longer be required
to pay $300.00 annually to Officers who were required to meet the mandatory physical fitness
standards as a condition of employment. These Officers who were required to meet the
mandatory physical fitness standards above as a condition of employment and were receiving the
annual $300.00 City contribution in the 2009 contract shall become eligible to receive
reimbursements from the HRA upon their normal or disability retirement. An Officer's qualified
dependents shall become eligible to receive reimbursements from the HRA upon the Officer's
death. If an Officer with an HRA separates from the City prior to normal or disability retirement,
the Officer shall forfeit the funds in his or her HRA consistent with the terms of the City's
Administrative Services Agreement.
B. The Chief may, at his or her discretion, choose to develop other incentives based
upon performance and/or passing scores. An Officer's ineligibility or non-qualification for any
incentives shall not be the subject of any grievance procedure.
Section 6. Enforcement of Mandatory Standards for Officers Employed After
October 1,2009
Any Officer employed on or after October 1, 2009, who refuses to take part in the
assessment of physical fitness as scheduled without a duly authorized deferment shall be
considered insubordinate and neglecting their duty and may be subject to disciplinary action up
to and including termination. Any such Officer who fails to achieve and maintain their applicable
physical fitness standard shall be subject to disciplinary action up to termination, after three
consecutive assessments, and such failure shall not qualify the Officer for light duty. To the
extent feasible, a physical fitness assessment shall occur at twelve (12) month intervals.
Section 7. Deferments of Mandatory Standards for Officers Employed After
October 1,2009
The parties have formed a Joint Committee on Physical Fitness. The Committee shall
establish policies regarding deferments from these physical fitness standards, including medical
and administrative deferments or alternative assignments exempt from the provisions of this
article.
Each Party shall maintain three (3) members for the Joint Committee on Physical Fitness.
One member of the City Human Resources staff shall act as an advisor to the Committee in order
to ensure validity of recommended actions. In the event the Committee should reach an impasse,
the Parties will submit the disputed issues to mediation before a mutually selected mediator
within thirty (30) Calendar Days. In the event that mediation fails to resolve the impasse, the
City and the Association shall each designate one representative for a panel determination of any
remaining disputed issues. These two representatives shall select one neutral panel member. The
three (3) person panel shall convene within thirty (30) Calendar Days after the conclusion of
mediation to finally resolve the disputed issues. A meeting or hearing shall be established as
45
necessary. The panel shall prepare a written decision on any issues and forward the final results
to the Chief. The Chief is authorized to administer a physical fitness assessment program and
physical fitness standards including policies regarding deferments, for all members of the
Department as recommended by the Committee, or resulting from mediation or panel decision.
Issues relating to deferments will be referred to the Joint Committee on Physical Fitness
for recommendations to be made to the Chief. If the Committee votes to deny the deferment, or if
the vote of the Committee results in a tie vote, then the deferment will be denied. If the Chief
disagrees with any recommendation of the Committee, the affected Officer may appeal the
disputed deferment recommendation to the City Manager for a final and binding determination.
The Committee shall establish policies regarding deferments from these physical fitness
standards, including medical and administrative deferments or alternative assignments exempt
from the provisions of this Article.
Section 8. Appeal of Mandatory Standards for Officers Employed After
October 1,2009
An Officer who is terminated after a third failure to maintain their applicable physical
fitness standard may appeal the accuracy and correctness of the determination to a panel of three
qualified individuals, one selected by the Association, one selected by the City and one selected
by the other two representatives. The panel shall only be authorized to determine if the testing
was properly conducted, the outcomes or scoring were correctly carried out and determined, and
that the standards were applied in a substantially equal manner. If the panel determines that
irregularities in the testing process occurred, the panel may elect to retest the Officer at a date
and time determined by the panel. The panel shall have no authority to modify the testing
standards. The appeal process of TLGC 143.081 shall not apply to this appeal.
Section 9. Preemption
The Parties have expressly agreed that this Article shall preempt contrary statutory
provisions, and to the extent of any conflict with the provisions of TLGC, Chapter 143, any other
statute, executive order, local ordinance, or rule adopted by the City, including any personnel
board, or any Civil Service Commission, the provisions of this article shall prevail; provided,
however, nothing in this Agreement shall preempt the authority of Civil Service Commission to
order a physical and mental fitness for duty examination under TLGC 143.081.
46
ARTICLE 15
PROMOTIONS, DEMOTIONS AND REINSTATEMENTS
Section 1. Definition.
For the purpose of this Article (except for Section 7 herein), the term "demotion" or
"demoted" means a demotion or return to an Officer's prior tested rank, and reappointment from
Assistant Chief, Deputy Chief or Commander.
Section 2. Appointment of Assistant Chief
A. All promotions to the rank of Assistant Chief shall be exempt from competitive
examinations, and instead shall be made by discretionary appointment of the Chief. The Chief
will not be required to make promotions to the rank of Assistant Chief within any specific time
period.
B. An Officer appointed to the rank of Assistant Chief may be demoted at the exclusive
discretion of the Chief, and shall have no right to appeal such a demotion. An Officer so demoted
shall have no right to prior notice, a statement of charges or to file a grievance or other
complaint. Neither the Civil Service Commission nor an Arbitrator shall have any jurisdiction,
power, or authority to investigate or review such demotion or to alter the terms of such demotion.
C. The Chief may provide by policy for Chain of Command coverage for Assistant Chiefs
and their subordinates.
1. A Captain assigned to a position in a chain-of-command which is directly supervised
by an Assistant Chief shall not be entitled to higher classification pay unless required by a direct
order to actually serve as an Assistant Chief. In the event that such a Captain, who is directly
supervised by an Assistant Chief, is ordered to serve in the higher classification of Assistant
Chief, that Captain is entitled to the Captain's hourly rate of pay plus a 10% increase for the
hours worked as Assistant Chief.
Section 3. Appointment of Deputy Chief
A. All promotions to the rank of Deputy Chief shall be exempt from competitive
examinations, and instead shall be made by discretionary appointment of the Chief. The Chief
will not be required to make promotions to the rank of Deputy Chief within any specific time
period.
B. An Officer appointed to the rank of Deputy Chief may be demoted at the exclusive
discretion of the Chief, and shall have no right to appeal such a demotion. An Officer so demoted
shall have no right to prior notice, a statement of charges or to file a grievance or other
complaint. Neither the Civil Service Commission nor an Arbitrator shall have any jurisdiction,
power, or authority to investigate or review such demotion or to alter the terms of such demotion.
C. The Chief may provide by policy for chain-of-command coverage for Deputy Chiefs and their
subordinates.
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1. A Lieutenant assigned to a position in a chain-of-command which is directly
supervised by a Deputy Chief shall not be entitled to higher classification pay unless required by
a direct order to actually serve as a Deputy Chief. In the event that such a Lieutenant, who is
directly supervised by a Deputy Chief, is ordered to serve in the higher classification of Deputy
Chief, that Lieutenant is entitled to the Lieutenant's hourly rate of pay plus a 10% increase for
the hours worked as Deputy Chief.
2. A Captain assigned to a position in a chain-of-command which is directly supervised
by a Deputy Chief shall not be entitled to higher classification pay unless required by a direct
order to actually serve as a Deputy Chief. In the event that such a Captain, who is directly
supervised by a Deputy Chief is ordered to serve in the higher classification of Deputy Chief,
that Captain is entitled to the Captain's hourly rate of pay plus a 5% increase for the hours
worked as Deputy Chief.
Section 4. Appointment of Commander
A. After the effective date of this Agreement, all promotions to the rank of Commander shall
be exempt from competitive examination and instead shall be made by discretionary appointment
B. of the Chief. The Chief will not be required to make promotions to the rank of
Commander within any specific time period.
C. An Officer appointed to the rank of Commander after the effective date of this
Agreement may be demoted at the exclusive discretion of the Chief, and shall have no right to
appeal such a demotion. An Officer so demoted shall have no right to prior notice, a statement of
charges, or to file a grievance or other complaint. Neither the Civil Service Commission nor an
Arbitrator shall have any jurisdiction, power, or authority to investigate or review such demotion
or to alter the terms of such demotion. Officers who were in a tested rank prior to the effective
date of this Agreement will retain whatever disciplinary appeal rights they had prior to this
Agreement, with respect to their service in their prior rank.
D. The Chief may provide by policy for chain-of-command coverage for Commanders and
their subordinates.
1. A Lieutenant assigned to a position in a chain-of-command which is directly
supervised by a Commander shall not be entitled to higher classification pay unless required by a
direct order to actually serve as a Commander. In the event that such a Lieutenant, who is
directly supervised by a Commander, is ordered to serve in the higher rank of Commander, that
Lieutenant is entitled to the Lieutenant's hourly rate of pay plus a 10% increase for the hours
worked as a Commander.
2. A Captain assigned to a position in a chain-of-command which is directly
supervised by a Commander shall not be entitled to higher classification pay unless required by a
direct order to actually serve as a Commander. In the event that such a Captain, who is directly
supervised by a Commander is ordered to serve in the higher rank of Commander, that Captain is
entitled to the Captain's hourly rate of pay plus a 5% increase for the hours worked as a
Commander.
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Section 5. Additional Requirements
A. The department will have three appointed ranks below that of Chief. They are, in rank
order, referred to in this Agreement as Assistant Chief, Deputy Chief and Commander,
respectfully. Organizationally, the rank of Assistant Chief is immediately below that of Chief,
and Deputy Chief is immediately below the rank of Assistant Chief and immediately above the
rank of Commander. The rank of Commander is immediately below the rank of Deputy Chief
and immediately above the rank of Captain. The Chief has the right to set the wages and benefits
for Assistant Chiefs, Deputy Chiefs and Commanders, subject to approval of the City Council as
part of the police department's budget. The parties agree that the pay and benefits provided to
Assistant Chiefs, Deputy Chiefs and Commanders are not subject to TLGC 143.041(b) or
141.033, and that 143.041(b) and 141.033 are expressly preempted in this Agreement.
B. The Chiefs appointments to Assistant Chief, Deputy Chief and Commander may be from
any rank, as so provided in TLGC Section 143.014(b). The positions of Assistant Chief, Deputy
Chief and Commander will be exempt for the purpose of earning and paying overtime, in
accordance with FLSA, 29 U.S.C. 207, et seq., and Texas Local Government Code Chapter
142.0015.
C. Assistant Chiefs, Deputy Chiefs, and Commanders may appeal disciplinary actions only
if the proposed discipline is: (1) a demotion to any rank below the rank the Assistant Chief,
Deputy Chief, or Commander occupied when he or she was first appointed as an Assistant Chief,
Deputy Chief, or Commander; or (2) a demotion to the rank the Assistant Chief, Deputy Chief,
of Commander occupied when he or she was first appointed as an Assistant Chief, Deputy Chief,
or Commander, plus an additional sanction, such as a suspension. Even if the Assistant Chief,
Deputy Chief, or Commander can pursue an appeal of a disciplinary action, as provided in this
Section, he or she cannot include in that appeal the demotion from an appointed position, and
such appeal cannot result in reinstatement to any appointed position.
D. Officers in the ranks of Assistant Chief, Deputy Chief and Commander shall be
considered to have continuously served in their prior lower tested classification from the date he
or she was initially promoted into that rank and, if demoted, will be eligible to take a
subsequently scheduled promotional exam to the next higher classification if the required
number of years of service or other eligibility criteria are met. Officers appointed to the ranks of
Assistant Chief, Deputy Chief or Commander, while serving in that rank, can take promotional
examinations, and be considered for promotion resulting from such examination, if they meet all
of the eligibility requirements to take such an examination.
E. The City may have up to (10) appointed positions including both the ranks of Assistant
Chief and Deputy Chief, and up to 6 appointed positions in the rank of Commander.
Section 6. Promotion to Corporal/Detective, Sergeant and Lieutenant.
A. Eligibility for Promotion.
1. Corporal/Detective. An Officer will not be eligible to take a promotional
eligibility examination for promotion to corporal/detective unless the Officer has served in the
Department in the next lower classification or other positions specified by the Civil Service
Commission for at least four (4) continuous years immediately before the date the promotional
49
eligibility examination is held. An Officer's promotional eligibility to corporal/detective shall be
determined by their commission date in accordance with the seniority provisions in Article 13.
2. Sergeant and Lieutenant. An Officer's eligibility to take a promotional
examination for sergeant and lieutenant shall be determined by the following criteria:
a. The Officer has served in the Department in the next lower classification
or other positions specified by the Civil Service Commission for at least three (3)
continuous years immediately before the date the promotional eligibility
examination is held.
b. The Officer must satisfactorily complete a supervisory or management
training course of study for the promotional classification before the Officer
may take the promotional eligibility examination. The City will provide
reasonable opportunities, at the City's expense, for candidates to attend such
courses of study. The Chief shall develop future training programs in-house, or
in conjunction with educational institutions or agencies, which are tailored to
individual supervisory ranks.
B. Promotional Examinations.
1. Vacant positions in the ranks of Corporal/Detective, Sergeant and
Lieutenant shall be filled from an eligibility list created by a promotional procedure consisting
of a written examination.
2. A study list must be posted for at least 90 calendar days prior to a
written examination being given. Officers must meet all eligibility requirements to apply for
the exam process. Officers will have until 5 business days, excluding weekends and holidays,
before the date and time of the written examination to apply for the promotion process.
3. The written examination will have a total point value of 100 points. The
written examination must have between 50 and 100 questions. The exam questions may
utilize different styles of test questions as long as all answers to questions can be scored
objectively. The written exam may contain questions from the Department's mandatory
supervisory class that is required for promotion.
4. Additional points will be added to a passing final promotional
examination score for Corporal/Detective, Sergeant or Lieutenant, based on Chart 1, below.
Additional points will be awarded only for the highest educational degree. Example: A
candidate with an Associate's degree, a Bachelor's degree, and a Master's degree will receive
additional points for the Master's degree only. For all purposes in this Agreement, college hour
credits and degrees must be from an accredited college or university, as reflected in the
database of accredited colleges and universities maintained by the U.S. Department of
Education.
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Chart l:
Points on Corporal Points on Sergeant Points on Lieutenant
Examination Examination Examination
One point for each year of One point for each year of One point for each year of in
service in rank immediately service in rank immediately rank immediately below
below corporal/detective = up below sergeant=up to 10 lieutenant=up to 10
to 10
60 semester (or equivalent) 60 semester (or equivalent)
college college
hours/Associate hours/Associate
Degree = 1 Degree= 1
Bachelor's Degree =2 Bachelor's Degree=2 Bachelor's Degree =2
Master's Degree =3 Master's Degree =3 Master's Degree=3
U.S. Military= 1
Total Maximum Points Total Maximum Points Total Maximum Points
Allowed = 13 Allowed = 13 Allowed = 13
5. Eligibility lists for promotion to Corporal/Detective, Sergeant and
Lieutenant will expire one year after the date of the written examination.
C. Requirements after Promotion to Lieutenant
1. Within forty-eight (48) months after being promoted, Officers promoted to
Lieutenant shall be required as a condition of maintaining the rank to complete with a
passing grade at least sixty (60) hours of college credits or achieve an Associate's
Degree from an accredited college or university. Officers who have already satisfied this
requirement shall present proof to the Chief or designee. Officers who fail to provide proof to
the Chief or designee within the specified time period shall be demoted to their previous rank
and seniority.
2. If the Officer fails to complete the mandatory college requirements within
the prescribed time period after promotion, the Officer will be allowed to appeal the demotion
to the Chief only if exigent circumstances or an emergency situation occurred which prevented
the Officer from completing the requirements. The Chief has the discretion to allow more
time to fulfill the requirements; however, the requirements will not be waived.
D. Continuation and Life of Eligibility List
Any promotional process which has proceeded to the point of the administration of
any test shall continue to its conclusion, irrespective of the expiration of this Agreement. Any
eligibility list certified after the effective date of this agreement shall expire by its own
terms, irrespective of the expiration of this Agreement.
Section 7. Promotion to Captain.
A. Eligibility for Promotion
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I. An Officer's eligibility to take a promotional examination for Captain shall be
determined by the following criteria:
a. The Officer has served in the Department in the next lower classification
or other positions specified by the Civil Service Commission for at least three
(3) continuous years immediately before the date the promotional eligibility
examination is held.
b. The Officer must satisfactorily complete a management training course
of study for the promotional classification before the Officer may take the
promotional eligibility examination. The City will provide reasonable
opportunities, at the City's expense for the candidate to attend such course of
study.
B. Promotional Examination
1. Vacant positions in the rank of Captain shall be filled from an eligibility
list created by a promotional procedure consisting of a written examination and an assessment
center. Placement on a final eligibility list will be based on the total points scored on the
written examination and the assessment center process, along with the points awarded for
service time and education as set forth in the Chart 2 below. All college credits and degrees
must be from an accredited college or university.
Chart 2:
Captain Examination
Additional Points Written Examination Assessment Center Points
Points
One point for each year of
service in rank immediately
below Captain=up to 10 Maximum total 100 points Various exercises
Bachelor's Degree =2
Master's Degree=3
Total Maximum Points Total Maximum Points Total Maximum Points
Allowed = 13 Allowed = 100 Allowed= 100
* The maximum number of points an applicant can receive is 213 (if an assessment
is included).
2. A study list must be posted for at least 90 calendar days prior to written
examination being given. Officers must meet all eligibility requirements to apply for the
exam process. Officers will have until 5 business days, excluding weekends and holidays,
before the date and time of the written examination, to apply for the promotion process.
3. The written examination will have a total point value of 100 points. The written
52
examination must have between 50 and 100 questions. The exam questions may different styles
of test questions as long as all answers to questions can be scored objectively. The written exam
may contain questions from the Department's mandatory management class that is required
for promotion. Candidates must obtain a passing score on the written examination (without
any service or educational points added) in order to proceed to the assessment center
portion of a promotional process.
C. Assessment Center.
1. The Human Resources Department, in coordination with the Department will
hire a consultant to develop an assessment center process in advance of the need to create an
eligibility list for a promotional rank using an assessment center process. If an assessment
center has not been developed or an existing assessment center needs to be revised to include
new or different scenarios or situations and exercises, then following the posting of a vacancy
announcement for the written examination, the assessment center development or revision
process should be initiated.
Due to the complexities and time involved in choosing a qualified vendor to participate in the
development of an assessment center based on the essential job functions of the rank or the
revision of an existing assessment center, a significant amount of time may pass between
creating an eligibility list based on a written exam and conducting the assessment center.
2. The portions of the assessment center that require verbal communication from the
Officer, such as Structured Interviews, Role-Playing, Oral Presentation, etc., will be video
recorded. An individual candidate may review, but may not copy, their recorded video responses
on a single occasion after executing a confidentiality non-disclosure form. The Association shall
be entitled to meet with the test designer to review statistical test evaluations, outcomes and
methodology, which shall include the materials associated with rater training and performance,
and any candidate orientation materials. After such meeting, if the Association raises a concern
about failure to comply with the provisions of this Agreement, they may request access to the
video recorded assessments, which shall be considered by the Chief. If denied by the Chief, an
arbitrator appointed in connection with a contract grievance shall be authorized to require
production of the relevant materials. This paragraph shall not prevent access by the Association
to any materials that are public records under state law.
3. The assessment center will be developed based on the professional guidelines for
assessment centers advocated by the American Psychological Association. The Department will
follow City purchasing requirements to select one or more consultants to design and develop an
assessment center for the ranks of Captain. The consultant shall make all final decisions
concerning the design and implementation of the assessment center. Revision of an existing
assessment center to avoid "familiarization" of assessment center content may be done by the
same or different consultant. If necessary, an assessment center will be revised by a consultant if
the revision involves removing unnecessary exercises or adjusting rating scales.
4. The Consulting Company shall also select the assessors who shall meet the
following criteria:
a. Equivalent rank to the promotion, or above;
b. Shall not reside in the city of Fort Worth;
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C. Shall not be related within the second degree to any candidate for
promotion;
d. Shall not personally know any candidate for promotion;
e. Shall have at least two (2) years of experience in the rank being
assessed or an equivalent rank; and
5. Shall not be a current or former employee of the City, Department or any
other entity legally related to or controlled by the city of Fort Worth.
6. The consultant will utilize, as appropriate,the following types of exercises
typically found in assessment centers:
a. In-Basket
b. Problem Solving/Analysis
C. Written and Oral Resumes/Structured Interviews
d. Role-Playing
e. Memo/Report Writing
f. Oral Presentation/Plan Preparation
g. Staff Meeting
h. Special Event/Operations.
The consultant may utilize other types of assessment exercises or methods if there is
documented research on the validity of the exercise or method for use with assessing the
rank of Captain.
7. The consultant will have responsibility or oversight of the following
administrative functions:
a. Collect data on the essential job duties of the tested rank for test and
exercise development.
b. Conduct transportability study for use of standard assessment
exercise or methods for use with the tested rank.
C. Provide any documentation or research supporting the validity of the
exercises or methods used.
d. Provide an Administrator's manual if the assessment center is
administered by the Human Resources Department. This should not be
construed as granting authority for Human Resources to write, control or
grade the test.
e. Provide guidance on the selection of assessors.
f. Conduct or provide a training manual for training assessors to objectively
evaluate candidate performance or behavior and rate candidates on the
appropriate rating scales.
g. Provide rating scales and criteria for evaluating candidates on the
appropriate assessment dimensions and a methodology to combine
assessment center scores to place candidates on a rating scale with 100
points.
h. Conduct or provide materials and information for an orientation to the
assessment center process for candidates.
i. Provide guidance or conduct any other administrative function deemed
necessary to insure the fairness or efficiency of the assessment process.
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8. The number of Officers on the written examination eligibility list who will move
to the second step of the promotion process (assessment center) will be based on the number of
vacancies in the promoted rank that were filled from the prior promotion list for the rank. For
each vacancy that was filled from the prior promotion list, the top three Officers on the written
examination list will be eligible to participate in the assessment center. For example, six Officers
will be eligible to participate in the assessment center if two vacancies were filled from the prior
promotion list for the particular rank. Based on the number of prior vacancies, it is possible that
all Officers on the list will be eligible. If there was only one (1) vacancy on the prior promotion
list, the top five (5) Officers on the written examination list will be eligible to participate in the
assessment center. Only those Officers who pass the written examination will be qualified to
participate in the assessment center.
9. The assessment center will have a total point value of 100 points. The scoring of
points are detailed in Chart 2. Scoring in assessment centers relies on human observation and
judgment. Assessors will receive training on the assessment center process. Assessors will also
be provided with rating standards for use in the scoring process. While matters relating to the
written examination can be appealed under TLGC 143.034, due to the subjective nature of
assessment center scores, assessment center contents and results are not appealable to the Civil
Service Commission, a hearing examiner, or District Court.
10. During the term of this Agreement either party may in writing request to meet and
confer about amending the assessment process for Captains, expanding the assessment process to
include the Lieutenant's promotional examination, and any other promotional issues. If the
parties reach an agreement on amending this Article, the agreement is effective only if the
members of the bargaining unit ratify and the City Council approves the agreement.
11. During the term of this Agreement the chief or designee may choose to not utilize
an assessment process allowed under this Agreement. If the Chief or designee decides to not use
an assessment process for a promotional examination, the study list relating to that examination
must state that an assessment process will not be used.
D. Promotion to Captain from an Eligibility List.
Upon finalization of the eligibility list, the Chief or designee will request an eligibility list
from the Director of Civil Service or designee, in accordance with TLGC 143.036(b). The Chief
shall select the Officer from the list with the highest combined score, in accordance with Chart 2,
unless the Chief has a valid reason for not appointing the person in accordance with TLGC
143.036 (f). An eligibility list will expire twelve (12) months from the date that the eligibility list
is posted by the Civil Service Director or designee or when exhausted. An Officer referred but
not promoted (bypassed) three times may be struck from the eligibility list at the request of the
Chief.
E. Tests/Assessment Centers Occurring During U.S. Military Leaves of Absence
Officers who are serving on active U.S. military duty as members of the armed forces
while this contract is in force will be eligible to take promotional written examinations
accordance with the conditions and requirements of the Local Rules, Promotional Examination
Policy for Active U.S. Military Duty Employees, 11.28 — 11.33. If the promotional process
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includes an assessment center to be placed on a promotional eligibility list and the Officer is
eligible to participate in a promotional assessment center, the Officer will be required to
participate in an assessment center conducted after the Officer returns to work. If the Officer has
already taken the written examination and an assessment center is scheduled within 180 calendar
days of the Officer's return to work, the Officer may voluntarily participate in the assessment
center. Otherwise, the Officer will participate in the next promotional process after 180 days of
returning to work. This provision is intended to comply with requirements of the federal
Uniformed Services Employment and Reemployment Rights Act (USERRA), and to supersede
the terms of Section 143.032(b) of the Texas Local Government Code. This Agreement does not
prevent the City from taking steps to comply with USERRA under unique or special
circumstances.
F. Requirements after Promotion to Captain
1. Within sixty (60) months after being promoted, Officers promoted to Captain shall
be required as a condition of maintaining the rank to obtain a Bachelor's Degree from an
accredited college or university. Officers who have already satisfied this requirement shall
present proof of completion to the Chief or designee. Officers who fail to provide proof to the
Chief or designee within the specified time period shall be demoted to their previous rank and
seniority.
2. If the Officer fails to complete the mandatory college requirements within the
prescribed time period after promotion, the Officer will be allowed to appeal the demotion to the
Chief only if exigent circumstances or an emergency situation occurred which prevented the
Officer from completing the requirements. The Chief has the discretion to allow more time to
fulfill the requirements; however, the requirements will not be waived.
3. If an Officer is promoted to the next higher rank before completing the
educational requirements for the previous rank, the time requirements remain in effect for
completion of the appropriate educational requirements for that previous rank. For example, an
Officer is promoted to Lieutenant on January 1, 2014 and has forty-eight (48) months, that is,
until January 1, 2018, to complete sixty (60) hours of college credits or achieve an Associate's
degree. The Officer is promoted to Captain on January 1, 2017 without achieving the college
hours or the degree. The Officer will have until January 1, 2018 to obtain sixty (60) hours of
college credit or an Associate degree. Officers who fail to provide proof to the Chief or designee
within the specified time period shall be demoted to their previous rank and seniority.
G. Continuation and Life of Eligibility List.
Any promotional process which has proceeded to the point of the administration of any
test shall continue to its conclusion, irrespective of the expiration of this Agreement. Any
eligibility list certified after the effective date of this Agreement shall remain in effect until it
expires by its own terms irrespective of the expiration of this Agreement.
Section 8. Bypass Situations
An officer can appeal the Chief's decision to bypass the Officer in making a promotional
appointment. If the Officer is bypassed a second or third time from the same eligibility list, and
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the Chief's reasons for bypassing the Officer the second or third time are the same as stated by
the Chief when the Officer was bypassed the first time, the Officer cannot appeal the second or
third bypass, or the Officer's removal from the eligibility list. Such an appeal will be subject to
the applicable provisions in Article 7, Section 6.
Section 9. Preemption Provision.
This Article shall preempt any contrary provisions in Chapter 143, including but not
limited to those set forth in Section 2 of this Article and in Sections 143.014, Subchapter B
(143.021-143.038) and 143.072 of the statute, it being expressly agreed and specifically so
provided under the authority of Section 143.307.
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ARTICLE 16
VACANT PROMOTIONAL POSITIONS RESULTING FROM MILITARY
LEAVE OF ABSENCE
Section 1. When an Officer in the rank of corporal/detective or higher rank is serving on
active military duty and has taken a military leave of absence, the Commission shall fill the
person's position in the Department in accordance with the content of this Agreement.
Section 2. If an Officer who is in a promotional rank is on unpaid military leave of absence, a
vacancy occurs as of the date the unpaid leave begins. Military leave includes Officers' initial
entry into a branch of the service as well as Officers who are recalled to active military duty. An
Officer may request unpaid military leave by making application to the Commission. When an
Officer on military leave must be placed in an unpaid status, this will be construed the same as
making application for unpaid military leave with the Civil Service Commission. If an Officer is
receiving full pay from the City while on military leave, whether through vacation, supplemental
pay or other paid leave, or through substitutions as authorized in TLGC, Chapter 143.072(h), no
vacancy is created. A vacancy only occurs if an Officer is on unpaid military leave of absence.
For the purpose of this Agreement, unpaid military leave shall exist anytime an Officer does not
receive full pay from the City from salary, working agreement, accrued paid leave, supplemental
leave benefit or any combination thereof.
Section 3. The Officer who fills the promotional position is subject to replacement by the
person who was on the military leave at the time the person returns to Active Duty in the
Department unless subsequent vacancies resulting in promotions have occurred in the same rank.
In that case, the person most recently promoted to that rank, and thus having the least seniority
time in that rank, would be returned to their former position in accordance with the provisions
below.
Section 4. If the reinstatement of an Officer who received a military leave of absence causes that
person's replacement, or the person most recently promoted to that rank, to be returned to a
lower rank and placed on a reinstatement list, the person on the reinstatement list has a
preferential right to a subsequent appointment or promotion to the rank from which the person
was demoted. This preferential reinstatement right is valid for up to one year from the date of the
demotion and has priority over an existing eligibility list. This preferential right is also subject to
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the replaced person remaining physically and mentally fit to discharge the duties of that position.
If an eligibility list does not exist, no new eligibility list will be created until an existing
reinstatement list is exhausted or it expires.
Section 5. Supervisors shall make a reasonable effort to adjust work schedules as needed for
officers who are required to attend military training.
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ARTICLE 17
NON-DISCRIMINATION
Section 1. Discrimination Prohibited.
Neither the Association nor the City shall engage in discrimination against any employee
because of the employee's membership or non-membership in the Association.
Neither the Association nor the City shall engage in discrimination against any employee
because of the employee's race, color, national origin, religion or creed, age, sex or gender,
sexual orientation, military status or veterans' status, or disability or handicap. An employee who
believes that they have been discriminated against because of the employee's race, color, national
origin, religion or creed, age, sex or gender, sexual orientation, military status or veterans' status,
or disability or handicap retains all rights afforded to them under state and federal laws;
however, neither the employee nor the Association can initiate a grievance under the Dispute
Resolution in Article 8 concerning such allegations.
Section 2. Non-interference With Protected Rights.
Neither the Association nor the City shall cause or attempt to cause an Officer to interfere
with, restrain, or coerce an employee from exercising their right to join or support the Association
or other organization or to refrain from joining or supporting the Association or other
organization. Likewise, neither the Association nor the City shall cause or attempt to cause an
Officer to interfere with, restrain, or coerce an employee's right to engage in lawful Association
activities or to refrain from engaging in lawful Association activities.
Section 3. Association Duty of Fair Representation.
The Association recognizes its responsibility as the sole and exclusive bargaining agent
under the applicable provisions of the TLGC and this Agreement and agrees to represent all
Officers in a non-arbitrary and non-capricious manner, regardless of their membership or non-
membership in the Association or other organization.
Section 4. City Non-Interference.
The City shall not dominate, interfere, or assist in the formation, existence or
administration of any employee organization which is qualified to be a collective bargaining
agent for Officers; or contribute financial support to any such employee organization.
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ARTICLE 18
MAINTENANCE OF STANDARDS
Section 1. Excluded Items
Save and except for motorcycle pay, take home cars, auto allowance, mileage
reimbursement, military leave pay supplement, retirement benefits, and vacation leave which is
provided herein, existing special pay amounts and leave allowances as set forth in written City or
Department policy as of October 1, 2016, shall remain unchanged for the duration of this
Agreement.
Section 2. Effect of Pay or Benefits Anomalies
Any mistake, overpayment, underpayment, or improper payment regarding pay or benefits
provided to an Officer will not be interpreted as changing that Officer's base salary. In addition,
special pay amounts listed herein, or maintained under Section 143.041(b) is expressly preempted
in that regard. This Section applies even if an overpayment of pay or benefits to an Officer is
not recouped by the City from the Officer.
Section 3. Past Practices
The City reserves the right to make or change any act or decision that is reserved to the
City in Article 5 of this Agreement, entitled "Management Rights," and the exercise of that right
cannot be limited by any written or unwritten past practice or policy. The City's exercise of such
right will not be contrary to this Agreement or the City's Personnel Rules and Regulations
("PRRs"), as such PRRs are applicable to members of this bargaining unit. The parties understand
that the City is in the process of revising the PRRs, and that some revisions may affect
members of this bargaining unit. The City will provide to the Association 30 days' advance notice
prior to implementing these revised PRRs. Thereafter, the City will provide to the Association two
weeks advance notice of any subsequent changes to the PRRs. Special Pays currently in effect
shall continue to be calculated and payable in accordance with the existing PRR's, however, the
exercise of Management Rights may affect or change the specific employees selected, or the
number and frequency of employees entitled to pay under the PRR's' as a result of the reserved
powers and prerogatives in Article 5. To the extent of a conflict between this Agreement and
the PRRs, this Agreement controls. Any topic that is not covered in this Agreement, but is covered
by City ordinance, state or federal law, or by the PRRs, will be controlled by the applicable law
or the PRRs.
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ARTICLE 19
HOLIDAYS
Section 1 Holidays Identified
As of the effective date of this Agreement, the City recognizes and provides paid time off
for the following 8 holidays: New Year's Day, Martin Luther King Day, Memorial Day,
Independence Day (4th of July), Labor/9-11 Remembrance Day, Thanksgiving Day, the Day after
Thanksgiving, and Christmas Day. If the City adds an additional permanent holiday for all City
employees during the term of this agreement, the holiday will be added to the list of recognized
holidays above. For the members of this bargaining unit, these holidays will be observed as
follows: (1) New Year's Day, Independence Day (4th of July), Thanksgiving Day, the Day after
Thanksgiving, and Christmas Day will be observed on the actual calendar date of the holiday; (2)
Martin Luther King Day, Memorial Day, and Labor/9-11 Remembrance Day will be observed on
the City-designated holiday. Holiday Pay or Holiday Leave accrual for a holiday is limited to 8
hours of the 24-hour day on which the holiday occurs.
Section 2. Holiday Accrual and Pay Upon Separation
Officers may accrue up to 128 hours of Holiday Leave. Maximum payment upon
separation will be limited to 128 hours Holiday accrual. Unused Personal Holiday time will not be
paid upon separation.
Section 3. Personal Holidays
In addition to these paid holidays, Officers who have completed their initial probationary
period are given one (1) Personal Holiday at the beginning of the payroll year that must be used
prior to the end of the payroll year, or the Personal Holiday is forfeited. Personal Holiday time can
be taken on any day of the year that the Officer is scheduled to work, with supervisory approval.
Section 4. Holiday Premium Pay and Eligibility for Overtime
Holiday Premium Pay will be paid as follows: (a) If an Officer works on a holiday and the
hours the Officer works during that week do not result in the Officer being eligible for overtime,
the hours worked by the Officer on the holiday will be paid at 1 1/2 times the Officer's step rate of
pay; (b) If an Officer works on a holiday and the hours the Officer works during that week do
result in the Officer being eligible for overtime, the hours worked by the Officer on the holiday
will be paid at 1 1/2 times the Officer's regular rate of pay. Hours worked by an Officer on a
Holiday, for which the Officer receives Holiday Premium Pay, will not count as hours worked for
the purpose of calculating eligibility for overtime during the work week that includes the holiday.
Section 5. Holiday Pay and Holiday Leave
A. Officers who are not scheduled to work on a holiday.
Officers who are not scheduled to work on a day that is a holiday, as set out in Section 1,
above, and who do not work on that holiday will receive 8 hours of Holiday Leave, to be used at a
later date. In addition to Holiday Premium Pay, Officers who are not scheduled to work on a day
that is a holiday, as set out in Section 1, but who do work on that holiday will be allowed to choose
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to receive Holiday Pay, at their regular step rate of pay, or accrue Holiday Leave, for use at a later
date, in an amount of hours equal to the number of hours they worked on the holiday, up to a
maximum of 8 hours. If such Officer works fewer than 8 hours on the holiday, they also will
accrue Holiday Leave, to be used at a later date, in an amount of hours equal to the difference
between 8 hours and the number of hours they worked on the holiday.
B. Officers who are scheduled to work on a holiday.
Officers who are scheduled to work on a day that is a holiday, as set out in Section 1, and
who do not work on that holiday will receive 8 hours of Holiday Pay, at their regular step rate of
pay. For officers who are scheduled to work on a day that is a holiday, as set out in Section 1, and
who do not work on that holiday shall receive 10 hours of Holiday Pay, at their regular step rate of
pay if the officers are assigned to work a 10 hour work day. This provision will take effect on the
earliest pay period possible but no later than Thanksgiving Day 2017.
In addition to Holiday Premium Pay, Officers who are scheduled to work on a day that is a
holiday, as set out in Section 1, and who do work on that holiday will be allowed to choose to
receive Holiday Pay, at their regular step rate of pay, or accrue Holiday Leave, for use at a later
date, in an amount of hours equal to the number of hours they worked on the holiday, up to a
maximum of 8 hours. If such Officer works less than 8 hours on the holiday, they also will receive
Holiday Pay, at their regular step rate of pay, in an amount of hours equal to the difference
between 8 hours and the number of hours they worked on the holiday.
C. Daybreaker
If due to a daybreaker schedule, an Officer is scheduled to work less than an entire shift
(e.g., the Officer's workweek begins at 10:00 pm on the holiday), in addition to receiving Holiday
Premium Pay, the Officer will be allowed to choose to receive Holiday Pay at their regular step
rate of pay, or accrue Holiday Leave for use at a later date, for the number of hours worked. The
Officer will accrue as Holiday Leave the difference between 8 hours and hours worked.
D. Hours paid as Holiday Pay will count as hours worked for the purpose of
calculating eligibility for overtime during that week. Hours accrued by the Officer as Holiday
Leave will count as hours worked for the purpose of calculating eligibility for overtime, in the
week that the leave is taken.
E. Officers who are on paid occupational injury leave, city-compensated military
leave, or jury duty will accrue a holiday (8 hours). Officers may not use any other paid leave on
the holiday to accrue the holiday. Any leave scheduled on a holiday will not be deducted from an
Officer's leave balance, and the Officer will receive holiday pay instead of using leave time.
Section 6. Scheduling of Non-Essential Personnel On Holidays
Nothing in this Article will prevent the Chief or designee, from implementing requirements
for non-essential personnel regarding scheduling Officers to work on, or observe, actual or City-
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designated holidays, and the resulting mandatory use of accrued holiday, or other, leave on
such holidays. For example, the Chief can implement a policy that requires all Officers who were
not scheduled to work, and did not work, on Christmas Day, when it falls on a Sunday, to
use the accrued leave from that holiday on December 26th, the City-designated Christmas
holiday.
Section 7. Definitions
"Holiday Leave" means up to 8 (or up to 10) hours of leave, as set out in this
Article, depending upon an Officers' schedule. This provision will take effect on the first
pay period possible but not later than Thanksgiving Day 2017.
"Holiday Pay" means up to 8 hours of compensation paid to an Officer at the Officer's
step rate of pay relating to a holiday.
"Holiday Premium Pay" means compensation paid to an Officer for work performed on
a holiday, paid at the rate of either: (a) 1 1/2 times the Officer's step rate of pay if the Officer
works on a holiday and the hours the Officer works during that week do not result in the
Officer being eligible for overtime; or (b) 1 1/2 times the Officer's regular rate of pay, if an
Officer works on a holiday and the hours the Officer works during that week do result in the
Officer being eligible for overtime.
Section 8. Examples
A number of examples are provided in Appendix D to demonstrate how time will be
paid during a holiday week. The parties agree that these examples correctly state the application
of the provisions of this Article.
Section 9. Preemption
This Article preempts TLGC Section 142.0013(d).
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ARTICLE 20
SHIFT DIFFERENTIAL
Section 1. Shift differential will be paid for time worked between the hours of 6:00 p.m. and
6:00 a.m. Shift differential will be paid for only the time worked between these hours
regardless of an Officer's assigned shift. Shift Differential will be paid at an additional rate of
6% of base step pay.
Section 2. Shift differential will be paid on the actual hour(s) worked in the shift differential
time period during the workweek when compensatory time is earned. Shift differential will
be included in the calculation of regular rate of pay.
Section 3. Shift differential will not be paid for any leave time used, including holiday leave,
personal holiday and compensatory time used. Shift differential is also not paid for working
eligible hours on Grant Details (as distinguished from full-time grant-funded positions),
Emergency Call Back, Court Time, DA Time, non-emergency call back time, or the 1/2
time premium component of Holiday Premium Pay.
Section 4. The City agrees to pay Officers assigned to the following currently existing
assignments or task forces, shift differential, as set out in the first paragraph of this Article, for
hours worked by these Officers between 6:00 p.m. and 6:00 a.m.:
a.) DEA OCDETF
b.) FBI Joint Terrorism Task Force
c.) FBI Violent Gang Task Force
d.) IRS - Financial Crimes Task Force
e.) ATF Task Force (DOJ MOU)
f.) HIDTA 2 Task Force
g.) Tarrant County Auto Theft Task Force
h.) U.S. Marshal Task Force
i.) Anti-Human Trafficking Task Force (for full-time positions)
Section 5 Shift differential will not be earned or payable for hours worked by Officers
between 6:00 p.m. and 6:00 a.m. in the following currently-existing assignments or task forces,
and the parties agree that these assignments or task forces will be considered to be "grant details"
as that term is used in this Article:
a.) Texas State Tobacco
b.) TxDOT STEP Commercial Motor Vehicles(CMV)
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c.) TxDOT STEP Comprehensive(COMP)
d.) Project Safe Neighborhoods
e.) Federal Motor Carrier
f.) TXDOT Click-it-or ticket
g.) TxDOT Impaired Driver Mobilization
h.) Anti-Human Trafficking Team (for non-full-time positions)
Section 6. The parties agree that for grants, task forces, assignments, or other situations, not
specifically identified in this Article, including new grants, task forces, assignments, or other
situations that arise during the time this Agreement is in effect, wherein an agency other than the
City of Fort Worth agrees to provide some level of financial support, or specified personnel, in
furtherance of a stated goal, the police department will endeavor to negotiate the terms of those
grants, task forces, or other arrangements to include shift differential in the amounts that will be
paid or reimbursed to the City for hours Officers work between 6:00 p.m. and 6:00 a.m. The City
will pay shift differential, under the terms set out in this Article, to Officers working in those
circumstances in which, by the terms of the document that governs the arrangement between the
City and the other agency, the City is paid or reimbursed for shift differential as part of that
arrangement with the other agency. The City will never be required to pay shift differential for
any hours worked other than between 6:00 p.m. and 6:00 a.m. Those Officers who work in
assignments for which the arrangement between the City and the relevant agency does not
include payment or reimbursement to the City for shift differential will be considered to be
working a "grant detail" as that term is used in this Article 20, and will not earn or be paid shift
differential for any hours worked as part of that assignment.
Section 7. K-9 Officers will be paid shift differential as provided herein, and for all hours
scheduled for animal care outside of their regular work hours and on their regular days off or on
days when they use leave.
Section 8. This Article will control over any inconsistent or contrary provision in Texas
Local Government Code Section 143.047 or any conflicting city ordinances, policies or
practices.
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ARTICLE 21
CIVILIANIZATION OF CERTAIN SWORN OFFICER POSITIONS
Section 1. General
Notwithstanding any provision in this agreement to the contrary (if any), and without altering
any other provision of this Agreement, the City is authorized to civilianize positions, as set out in
this Article, and any civilianization action in those areas heretofore taken by the City is hereby
ratified and approved by the Association.
It is understood and agreed, however, that no civilian position will supervise or command sworn
civil service personnel in the areas allowed by this Agreement, or any areas in which civilian
positions are created in the future.
It is understood and agreed that use of non-sworn personnel in the areas and positions allowed
under this Article will not result in a reduction of the number of Officers employed by the City.
Section 2. Civilian personnel assigned as Crime Scene Specialists
Non-sworn employees meeting the following Minimum Qualifications can be assigned as crime
Scene Specialists:Graduation from an accredited four-year college or university with major
course work in Criminal Justice, Science, or a field related to the job, plus (2) years' experience
in crime scene investigation, in a crime laboratory, or in law enforcement.
A. Any combination of experience that would likely provide the required knowledge in
Section 2A can be considered in meeting the minimum qualifications.
Section 3. Jail Staffing
The parties agree that the City's current or prior practice of using non-sworn employees to
perform duties at the jail, or other detention facility, complies with the applicable standards
under TLGC Chapter 143, and that same practice may continue at any jail or other detention
facility operated or staffed, in whole or part, by the City.
Section 4. Other Civilian Personnel
Non-sworn personnel meeting the Minimum Qualifications set by the Chief can be assigned to
positions in the Digital Forensics Lab, or to positions involving responding to Public Information
Act requests and subpoenas.
During the term of this Agreement either party may in writing request to meet and confer about
adding to or amending the positions approved in this Article for civilian employees. If the parties
reach an agreement on amending this Article, the agreement is effective only if the members of
the bargaining unit ratify and the City Council approves the agreement.
Section 5. Preemption
It is expressly understood and agreed that all provisions of this Article shall preempt any statute,
Executive Order, local ordinance, City policy or rule, which is in conflict with or is inconsistent
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with this Article and the procedures developed hereunder, including for example and not by way
of limitation, any contrary provisions of TLGC Chapters 141, 142, and 143, including but not
limited to Chapter 143, Subchapters A, B, C and I as amended.
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ARTICLE 22
TUITION REIMBURSEMENT
The City shall fund and sworn Department employees shall be eligible to participate in the City's
Tuition Reimbursement or Education Reimbursement program during the term of this
Agreement. The City's Human Resources Department shall determine eligibility and administer
and oversee the program subject to the terms and conditions set out in the City's Personnel Rules
and Regulations, with the exception of the funding limitations noted in the Statement of Purpose.
The Education Reimbursement Policy from the City's Personnel Rules and Regulations is set out
in Appendix E.
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ARTICLE 23
REOPENER PROVISIONS FOR HEALTHCARE
AND PENSION BENEFITS
Section 1. Employee or Retiree Health Care
In the event that the City negotiates future provisions for health care or retiree health care
with the Fort Worth Professional Firefighter's Association (not including provisions relating to
any VEBA trust) which are different than those set forth herein, the Association shall be entitled
to reopen Meet and Confer discussions with the City regarding any such asserted differences.
The parties agree that those discussions may result in changes, postponement or reduction in
some benefits in order to provide similar health care or retiree health care benefits. If Meet and
Confer discussions are reopened, they will be limited to such differences in health care or retiree
health care that the Association identifies, in writing, 30 days before the beginning of the
reopened discussions. Such reopened Meet and Confer discussions must be completed within 60
days after the face-to-face discussions begin, unless the Association and the City agree, in
writing, to extend the discussions. Any agreement between the Association and the City that
results from the reopened Meet and Confer discussions will not be effective unless and until it is
approved by the City and the Association, pursuant to the requirements of Article 25 of this
Agreement, either as an amendment to this Agreement or a separate Memorandum of
Understanding.
Section 2. Pension Benefits
In the event that the City negotiates future provisions for pension benefits with the Fort
Worth Professional Firefighter's Association which are different than what are applicable to
Officers, as set out in Ordinance No. 20471-10-2012, adopted by the Fort Worth City Council on
October 23, 2012, the Association shall be entitled to reopen Meet and Confer discussions with
the City regarding any such asserted differences. The parties agree that those discussions may
result in changes, postponement or reduction in some benefits in order to provide similar pension
benefits. If Meet and Confer discussions are reopened, they will be limited to the differences in
pension benefits that the Association identifies, in writing, 30 days before the beginning of the
reopened discussions. Such reopened Meet and Confer discussions must be completed within 60
days after the face-to-face discussions begin, unless the Association and the City agree, in
writing, to extend the discussions. Any agreement between the Association and the City that
results from the reopened Meet and Confer discussions will not be effective unless and until it is
approved by the City and the Association, pursuant to the requirements of Article 25 of this
Agreement, either as an amendment to this Agreement or a separate Memorandum of
Understanding.
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ARTICLE 24
OFF-DUTY EMPLOYMENT AT CITY-OWNED FACILITIES
The parties understand that 29 U.S.C. § 207(p)(1), known as the "special detail
exemption" is part of the Fair Labor Standards Act, and provides that Officers of public
agencies, such as the City, may, at their own option, perform off-duty employment for an
employer who is independent and separate from the City, and the City will not be required to
count those hours worked in calculating overtime, even if the City facilitates the scheduling of
this work or determines the compensation that a third party will pay for the Officers' off-duty
work. The Association agrees that the City's procedures regarding facilitating and scheduling
Officers for off-duty work for employers who are independent and separate from the City,
including work at facilities owned by the City, comply with the special detail exemption.
The parties agree that Officers participating in off-duty employment opportunities
facilitated through the City, even at facilities owned by the City, are working off-duty for the
third party who contracted for their services, including lessees of City facilities, and are not
working for the City. This includes any work performed for third parties in facilities owned by
the City, for which the third party is responsible for paying the compensation for the Officers'
work. The parties further agree that the hours worked in such off-duty employment will not
count as hours worked for the purposes of calculating overtime, or accruing comp time, will not
be subject to shift differential, or any type of special or premium pay, and will not be pensionable
earnings, even if the City's agreement with the third party requires the third party to pay the
compensation owed to the Officers to the City and the City is required to forward that
compensation to the Officers. The Chief shall adopt a written policy to provide for the
scheduling of Officers for off-duty employment on a reasonable and equitable basis.
71
ARTICLE 25
COMPLETE AGREEMENT
Section 1. The Parties agree that each has had the full and unrestricted right and opportunity to
make, advance, and discuss all matters properly within the province of bargaining for a Meet
and Confer agreement. This Agreement constitutes the full and complete Agreement of the
Parties and there are no others, oral or written, except as herein contained. No alteration,
amendment or variation of this Agreement's terms shall bind the Parties unless made, executed
and voted on by the Parties as required by Subchapter I of Chapter 143 of the TLGC. A failure
of the City or Officer to insist in any one or more instances upon performance of any terms or
condition of this Agreement shall not be considered as a waiver or relinquishment of the right of
the City or the Association to future performance of any such term or condition, and the
obligations of the City and the Association to such future performance shall continue in full force
and effect.
Section 2. The parties may accomplish a clarification or interpretation of any provisions in this
Agreement by a Memorandum of Understanding approved by the Association's Executive
Board, and the City Manager, or Assistant City Manager, and signed by the parties' authorized
representatives.
Section 3. In the event that any provision in this Agreement conflicts or is inconsistent with any
provision of Chapter 141, 142 or 143, TLGC, or any other civil service provision or rule or
statute as amended from time to time, ordinance, General Orders or Personnel Rules and
Regulations setting standards or rights for Department employees, this Agreement shall prevail,
notwithstanding any such provision of Chapter 141, 142 or 143, TLGC or any other state statute.
72
ARTICLE 26
SAVINGS CLAUSE
Should any provision of this Agreement be found to be inoperative, void or invalid by a court of
competent jurisdiction, all other provisions of this Agreement shall remain in full force and
effect for the duration of this Agreement, it being the intention of the Parties that no portion of
this Agreement or provision herein shall become inoperative or fail by reason of the invalidity of
any other portion or provision.
ARTICLE 27
DURATION AND TERMINATION
Section 1. As of the effective date of this agreement, all pay increases, leave, or changes in
benefits, shall be implemented in accordance with the respective timelines outlined herein. This
Agreement shall remain in effect from June 1, 2017 until the 30th day of September, 2020, or
until such time as it is superseded by a new agreement between the Parties, whichever occurs
later provided however, that in no event shall this Agreement continue in effect after September
30,2021.
Section 2. The City presently intends to continue this Agreement each fiscal year through its
term, to pay all payments due, and to fully and promptly perform all of the obligations of the
City under this Agreement. All obligations of the City shall be paid only out of current revenues
or any other funds lawfully available therefore and appropriated for such purpose by the City
Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. In the event
that the City cannot meet its funding obligations, as provided in the State Constitution, this entire
Agreement becomes null and void.
Section 3. Voter Disapproval of the Crime Control Prevention District.
A. In the event that the election to extend and continue the Crime Control Prevention
District does not result in its extension, the City shall have the authority to postpone the
implementation of any pay increase, step increase, or step pay change set forth in this Agreement
upon the effective date and thereafter, for a period of 12 months from the date of the canvass of
the election results; provided, however, that after postponement, such increase shall nevertheless
take place beginning the 12th month after the date initially provided for, and shall continue in
effect during any remaining evergreen period, as provided in Section 1.
B. In the event of action by the City Council under the prior paragraph, the Parties
shall convene for the purpose of negotiating contract changes in the context of lost funding, but
all obligations of the Agreement shall otherwise continue, subject to the postponement of any
increases or changes noted above, unless agreed amendments are approved by both Parties.
Any pay increases, step increases or step pay changes postponed herein shall be paid the first pay
period following the 12th month from the date of the canvass of the election results unless
modified by amendment of this Agreement by the Parties.
73
C. This Agreement does not impair the authority of the City Council to determine the
number of authorized positions in the Department, or to change the classification of positions.
ARTICLE 28
NOTICE
Except as otherwise provided herein, any notice, demand, request or other communication
hereunder given or made by either Party to the other shall be in writing and shall be deemed to
be delivered whether actually received or not, when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed to the Parties hereto at the respective
addresses set out below, or at such other address as they may provide by written notice to the
other Party.
A. If to City:
City Manager
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
B. If to Association:
President
Fort Worth Police Officers' Association
904 Collier Street
Fort Worth, Texas 76102
74
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE
SIGNED BY THEIR DULY AUTHORIZED REPRESENTATIVES ON THIS 31 st day of
May, 2017.
CITY OF FORT WORTH
Davioke Be y Price, y
CitjXanager
Valerie Washington, Assistant City Manager
Approved as to Form and Legality: Attested by:
Christopher A. Troutt, Sr. Asst. City Attorney Mary Kays Ot�S-I�creyly
FORT WORTH POLICE OFFICERS ASSOCIATION ''• �
�TF
Richard W. Van Houten, Jr., President
Fort Worth Police Officers Association
OFFICIAL kk(Wkil
CITY 111CRETARY '!
FT.WARTM,Tr
75
APPENDIX A
VOLUNTARY PAYROLL DEDUCTION - CITY OF FORT WORTH
The City of Fort Worth offers voluntary payroll benefits deductions to assist employees in the payments of various organizations on a bi-weekly
basis.Payroll deductions are available for legally mandated deductions and deductions associated with City-sponsored programs including the
below organizations. Deduction amounts may increase based on changes implemented by the service provider, without requiring an additional form
to be completed.For more information on Payroll deductions,please view the Personnel Rules and Regulations:Appendix 9—Payroll Deductions.
I authorize the City of Fort Worth to O begin O discontinue O change
the following Payroll Deduction(s):
Employee Name: Employee ID M
LAST Name FIRST Name Middle Initial 6-digit Employee ID#
Employee Signature: Date:
Must have an original employee signature(no faxes,scanned documents,etc.)to process Payroll Deduction Request
Deduction Name Bi-weekly$Amount Deduction Code
❑ ASNCEE
Association of City Employees(ACE)
❑ BFFASC
Black Fire Fighter's Association
❑ Fort Worth Black Law Enforcement Officers Association BLPOA
❑ CLEAT(Combined Law Enforcement Assoc of Texas) (see note below) CLEAT
FRGRRF
❑ Fireman's Group Relief
❑ FRASCN
Fort Worth Fire Fighter's Association
7o ee comareceaeyFwMgR.sra#orvur FTODPL
❑ Fort Worth Marshals Association(FWMAR)**(note)
❑ GECFW
General Employee Association(GECFW)
❑
Hispanic Leadership Organization HLO
❑ National Latino Law Enforcement Organization LATPOA
❑
Metropolitan Life(Stop Deduction Only) METLIFE
❑
North Texas Association of Public Employees(USW-NTAPE) NTXPEE
❑
Office&Professional Employee International Union(OPEIU) OPIEU
❑ POLBEN
Police Benevolent Fund
❑
Police Officers Association(POA) POLASN
❑ Texas Municipal Police Association*#,(see notebelow) TMPACN
❑ UNNGCL
United Negro College Fund
❑ UNDWAY
United Way
❑ YMCA YMCA
City of Fort Worth Parking Lot (T_O BE COM_,P_LETEDBYTPWONLYj PKGLOT/PKGHSN/
❑ v _ PKGGRG/PKGSTX
RATE: TAX: /PKGCOM/
PWGWSH
CIRCLE ONE: LOT GARAGE CONY. CNTR
*Any Police Officer who was not a member of one or more of these associations as of October 1,2008,must be a member of the Police
Officers Association(POA)in order to select this deduction.
#City of Fort Worth Marshals may select this deduction without joining the POA.
**Marshals must contact Marshal's Association before signing up for FortWorth Marshals Association.
To Be Completed Date Received: Date Input: Input By:
by HR Records:
REVISED 4/24/2017
76
APPENDIX B
VACATION LEAVE ACCRUALS CHART
OFFICER
Limits at the
Employee Maximum Accrual Rate Maximum Beginning of Maximum
Group Accrual Per Pay Period Accumulation each Payroll Payment At
Per Year (Hours) (Hours)4X Year Termination
(Hours) (Hours) (Hours) 2X
3X
Officer with 1
year of service 117 4.50 468 351 240
(14.6)
Officer with 5
years of 133 5.12 532 399 272
service
(16.6)
Officer with
10 years of 141 5.42 564 423 288
service (17.6)
Officer with
15 years of 157 6.04 628 471 320
service (19.6)
Officer with
20 years of 181 6.96 724 543 368
service (22.6)
77
AYYI'.1N'U1A 1,
STRUCTURED PAY PLAN TABLES
City of Fort Worth
Police Civil Service Classifications
FY 2016/2017
(Effective first full pay period after 6/01/17)
Key Title Base Pay 1st Year 2nd Year 3rd Year 4th Year 6th Year 8th Year 10th Year 12th Year 14th Year 16th Year
Step 1 2 3 4 5 6 7 8 9 10 11
Base Pay Base+1 Base+2 Base+3 Base+4 Base+5 Base+6 Base+7 Base+8 Base+9 Base+10
X03 Police Officer 27.21 28.57 30.00 31.50 33.07 33.90 34.74 35.61 36.50 38.32 40.31
4th Year 6th Year 8th Year 10th Year 12th Year 14th Year 16th Year
5 6 7 8 9 10 11
Base Pay Base+1 Base+2 Base+3 Base+4 Base+5 Base+6
X04 Police Corporal 36.51 37.42 38.35 39.31 40.30 42.31 44.49
4 Years
7th Year 8th Year 10th Year 12th Year 14th Year 16th Year
6 7 8 9 10 11
Base Pay Base+1 Base+2 Base+3 Base+4 Base+5
X07 Police Sergeant 41.26 42.29 43.34 44.43 46.65 49.03
7 Years
10th Year 12th Year 14th Year 16th Year
8 9 10 11
Base Pay Base+1 Base+2 Base+3
X08 Police Lieutenant 47.76 48.95 51.40 54.05
10 Years
13th Year 14th Year 16th Year
9 10 11
Base Pay Base+l Base+2
X09 Police Captain 53.99 56.70 59.58
13 Years
1.NOTES
Across the Board(ATB)Pay Raise Percentages:
FY2016/2017 2.20%Effective the first full pay period after June 1, 2017
FY2017/2018 2.00%Effective the first full pay period after October 1, 2017
FY2018/2019 3.10%Effective the first full pay period after October 1, 2018
FY2019/2020 3.10%Effective the first full pay period after October 1, 2019
71
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00
APPENDIX D
Holiday Pay Examples
Productive time = time that is included in the total number of hours worked by an Officer in a
work week, for the purpose of calculating an Officer's eligibility for overtime in a work week.
Includes: Regular (REG), Holiday (HOL), Accrued Holiday Used (HLA), Personal Holiday
Leave (PHL), Special Personal Holiday Leave(SPHL)
Non-Productive Time = Vacation (VAC), Sick (S), Holiday Accrued (HAE), Holiday Premium
Pay(HOT)
Key:
1. Bold Italics="Productive"hours
2. () =Hours worked converted for 1 %2 times
3. RDO =Regular Day Off
4. Payroll Week= Saturday—Friday
5. Day Breaker= Shift that crosses two calendar days
6. Total including %2 time conversion=the total hours for which an officer will be paid after
being credited with %2 time premiums for overtime and holidays.
7. Holiday Premium Pay=Holiday Overtime on the pay stub
Note: An Officer who chooses to accrue a holiday (Holiday Accrual Earn) when they work will
not receive "productive time" for those hours worked. They will receive productive time when
they use the accrued hours (Holiday Accrual Used) at a later date.
75
SECTION 1 - Officers Who Are NOT Scheduled to Work on a Holiday
Example 1: Schedule 0600— 1400 hours Tuesday—Saturday (8-hour shift in one calendar
day)
Officer is not scheduled and does not work on the Holiday.
Sa Su M_
T � Wj Th F Total
Holiday
Hours Worked 8 RDO RDO 8 12 8 8 44
Total
including %2
conversion
Regular Earnings 8 8 12 8 4 40
Holiday Premium (1 1/2) 0
Paid Holiday 0
Overtime (1 %2) 4 6
(6)
Sub-Total Paid 8 0 0 8 12 8 10 46
Accrued Holiday Accrual Earned 8 8
Total Compensation(Paid and 8 0 8 8 12 8 10 54
Accrued)
Example 2: Schedule 0600— 1400 hours Tuesday—Saturday (8-hour shift in one calendar
day)
Officer is not scheduled to work but works a portion of a shift on the Holiday. In addition to Holiday
Premium that is paid at 1 '/2 times,the Officer chooses to be paid for the portion of the holiday worked
and automatically accrues for the portion of the holiday not worked.
Sa Su M- T W Th F Total
Holiday
Hours Worked 8 RDO RDO/4 8 8 8 8 44
Total
including %2
conversion
Regular Earnings 8 8 8 8 4 36
Holiday Premium (1 %2) 4 (6) 6
Paid Holiday 4 4
Overtime (1 %2) 4 6
(6)
Sub-Total Paid 8 0 10 8 8 8 10 52
Accrued Holiday Accrual Earned 4 4
Total Compensation(Paid and 8 0 14 8 8 8 10 56
Accrued)
76
Example 3: Schedule 0600—1400 hours Tuesday—Saturday (8-hour shift in one
calendar day)
Officer is not scheduled to work but works a portion of a shift on the Holiday. In addition to
Holiday Premium Pay that is paid at 1 1/2 times,the Officer chooses to accrue a whole holiday.
Sa Su M- T W Th F Total
Holiday
Hours Worked 8 RDO RDO/4 8 8 8 8 44
Total
including 1/2
conversion
Regular Earnings 8 8 8 8 8 40
Holiday Premium (1 1/2) 4 (6) 6
Paid Holiday 0
Overtime (1 %2) 0
Sub-Total Paid 8 6 8 8 8 8 46
Accrued Holiday Accrual Earned 8 8
Total Compensation(Paid and 8 14 8 8 8 8 54
Accrued)
Example 4: Schedule 0600—1600 hours Tuesday—Friday (10-hour shift in one calendar
day)
Officer is not scheduled and does not work on the Holiday.
Sa Su M- T ' W Th F Total
Holiday
Hours Worked RDO RDO RDO 10 14 10 10 44
Total
including
1/2
conversion
Regular Earnings 10 14 10 6 40
Paid Holiday Premium (1 1/2) 0
Holiday 0
Overtime (1 %2) 4 6
(6)
Sub-Total Paid 0 0 0 10 14 10 12 46
Accrued Holiday Accrual Earned 8 8
Total Compensation (Paid and 0 0 8 10 14 10 12 54
Accrued)
77
Example 5: Schedule 0600— 1600 hours Tuesday—Friday (10-hour shift in one calendar
day)
Officer is not scheduled to work but works a portion of a shift on the Holiday. In addition to Holiday
Premium Pay that is paid at 1 %2 times,the Officer chooses to be paid for the portion of the holiday
worked.
Sa Su M- T W Th F Total
Holiday
Hours Worked RDO RDO RDO/4 10 10 10 10 44
Total
including
%2
conversion
Regular Earnings 10 10 10 6 36
Holiday Premium (1 1/2) 4 (6) 6
Paid Holiday 4 4
Overtime (1 %2) 4 6
(6)
Sub-Total Paid 0 0 10 10 10 10 12 52
Accrued Holiday Accrual Earned 4 4
Total Compensation (Paid and 0 0 14 10 10 10 12 56
Accrued)
Example 6: Schedule 0600— 1600 hours Tuesday—Friday (10-hour shift in one calendar
day)
Officer is not scheduled to work but works a portion of a shift on the Holiday. In addition to Holiday
Premium Pay that is paid at 1 1/2 times,the Officer chooses to accrue the whole holiday
Sa Su M- T W Th F Total
Holiday
Hours Worked DO RDO RDO/4 10 10 10 10 44
Total
including
1/2
conversio
n
Regular Earnings 10 10 10 10 40
Holiday Premium (1 1/2) 4 (6) 6
Paid Holiday 0
Overtime (1 %2) 0
Sub-Total Paid 6 10 10 10 10 46
Accrued Holiday Accrual Earned 8 8
Total Compensation (Paid and 14 10 10 10 10 54
Accrued)
78
Example 7: Schedule 2000—0600 hours Tuesday—Friday (10-hour Day Breaker shift)
Officer is not scheduled and does not work on the Holiday.
Sa Su M- T I W Th F Total
Holiday
Hours Worked 6 RDO RDO 4 10 14 10 44
Total
including 1/2
conversion
Regular Earnings 6 4 10 14 6 40
Holiday Premium (1 %2) 0
Paid Holiday 0
Overtime (1 %2) 4 6
(6)
Sub-Total Paid 6 0 0 4 10 14 12 46
Accrued Holiday Accrual Earned 8 8
Total Compensation (Paid and 6 0 8 4 10 14 12 54
Accrued)
SECTION 2 - Officers Who ARE Scheduled to Work on a Holiday
Example 1: Schedule 0600—1400 hours Monday—Friday (8-hour shift in one calendar
day)
Officer is scheduled to work and does work on a holiday. The Officer's total hours worked duringthe
week, including the hours worked on the holiday, is 44 hours. In addition to Holiday Premium Pay that is
paid at 1 1/2 times,the officer chooses to be paid Holiday Pay rather than accruing a holiday.
M- T W_ Th F Total
Holiday
Hours Worked 8 8 12 8 8 44
Total including 1/2
conversion
Regular Earnings 8 12 8 4 32
Holiday Premium (1 1/2) 8 (12) 12
Paid Holiday 8 8
Overtime (1 1/2) 4 6
(6)
Sub-Total Paid 20 8 12 8 10 58
Accrued Holiday Accrual Earned 0 0
Total Compensation (Paid and 20 8 12 8 10 58
Accrued)
79
Example 2: Schedule 0600— 1400 Monday—Friday (8-hour shift in one calendar day)
Officer is scheduled to work and does work a full shift on a holiday. In addition to Holiday Premium Pay
that is paid at 1 1/2 times,the officer chooses to accrue the holiday rather than being paid for the holiday.
M- T W Th F Total
Holiday
Hours Worked 8 8 12 8 8 44
Total including 1/2 conversion
Regular Earnings 8 12 8 8 36
Holiday Premium (1 %2) 8 12
Paid (12)
Holiday 0 0
Overtime (1 %2) 0
Sub-Total Paid 12 8 12 8 8 48
Accrued Holiday Accrual Earned 8 8
Total Compensation(Paid and 20 8 12 8 8 56
Accrued)
Example 3: Schedule 0600— 1400 Monday—Friday (8-hour shift in one calendar day)
Officer is scheduled to work and observes the holiday.
M- T W Th F Total
Holiday
Hours Worked 0 8 12 8 8 36
Total including%2
conversion
Regular Earnings 8 12 8 4 32
Holiday Premium (1 %2) 0 0
Paid Holiday 8 8
Overtime (1 %2) 4 (6) 6
Sub-Total Paid 8 8 12 8 10 46
Accrued Holiday Accrual Earned 0 0
Total Compensation(Paid and 8 8 12 8 10 46
Accrued)
80
Example 4: Schedule 0600— 1400 Monday—Friday (8-hour shift in one calendar day)
Officer is scheduled to work and does work a portion of the holiday.In addition to Holiday Premium Pay
that is paid at 1 '/2 times,the Officer chooses to be paid for the whole holiday.
M- T W Th F Total
Holiday
Hours Worked 4 8 12 8 8 40
Total including %2
conversion
Regular Earnings 8 12 8 4 32
Holiday Premium (1 1/2) 4 (6) 6
Paid Holiday 8 8
Overtime (1 %2) 4 (6) 6
Sub-Total Paid 14 8 12 8 10 52
Accrued Holiday Accrual Earned 0 0
Total Compensation(Paid and 14 8 12 8 10 52
Accrued)
Example 5: Schedule 0600— 1400 Monday—Friday (8-hour shift in one calendar day)
Officer is scheduled to work and does work a portion of the holiday. In addition to Holiday Premium Pay
that is paid at 1 '/2 times,the Officer chooses to accrue time for the portion of the holiday worked and is
automatically paid for the portion of the holiday that the Officer does not work.
M- T W ThJF Total
Holiday
Hours Worked 4 8 12 8 8 40
Total including 1/2
conversion
Regular Earnings 8 12 8 8 36
Holiday Premium (1 1/2) 4 (6) 6
Paid Holiday 4 4
Overtime (1 1/2) 0
Sub-Total Paid 10 8 12 8 8 46
Accrued Holiday Accrual Earned 4 4
Total Compensation (Paid and 14 8 12 8 8 50
Accrued)
81
Example 6: Schedule 1000—2000 Monday—Thursday (10-hour shift in one calendar day)
Officer is scheduled to work and does work. In addition to Holiday Premium Pay that is paid at 1 1/2 times,
the Officer chooses to be paid for the holiday rather than accruing aholiday.
M T � W � Th Total
Holiday
Hours Worked 10 10 14 10 44
Total including 1/2
conversion
Regular Earnings 10114 8 32
Holiday Premium (1 %2) 10 (15) 15
Paid Holiday 8 8
Overtime (1 %2) 2 (3) 3
Sub-Total Paid 23 10 14 11 58
Accrued Holiday Accrual Earned 0 0
Total Compensation(Paid and 23 10 14 11 58
Accrued)
Example 7: Schedule 1000—20000 Monday—Thursday (10-hour shift in one calendar day)
Officer is scheduled to work and chooses to observe the holiday.
M- T W Th Total
Holiday
Hours Worked 10 10 10 10 40
Total including 1/2
conversion
Regular Earnings 10 10 10 30
Holiday Premium (1 1/2) 0
Paid Holiday 10 10
Overtime (1 1/2)
Sub-Total Paid 10 10 10 10 40
Accrued Holiday Accrual Earned 0 0
Total Compensation(Paid and 10 10 10 10 40
Accrued)
82
Example 8: Schedule 2000-0600 Monday—Thursday (10-hour Day Breaker shift)
Officer is scheduled to start a work week at 2000 hours on a holiday and does work. In addition to
Holiday Premium Pay that is paid at 1 %2 times,the officer chooses to be paid Holiday Pay for the hours
worked on the holiday rather than accruing a holiday and automatically accrues for the unscheduled hours
on the holiday. (If the Officer did not work extra hours that week,the Officer could make up the hours on
the Holiday by using accrued leave time that is considered productive time.)
Sa Su M- T W Th F ` Total
Holiday
Hours Worked RDO RDO 4 10 14 10 6 44
Total
including
1/2
conversion
Regular Earnings 0 10 14 10 2 36
Holiday Premium (1 1/2) 4 (6) 6
Paid Holiday 4 4
Overtime (1 %2) 4 (6) 6
Sub-Total Paid 0 10 10 14 10 8 52
Accrued Holiday Accrual Earned 4 4
Total Compensation(Paid and 0 14 10 14 10 8 56
Accrued)
Example 9: Schedule 2000—0600 Saturday—Wednesday (10-hour Day Breaker shift)
Officer is scheduled to start a work week at 2000 hours on Saturday. The Officer takes off the Sunday
night-Monday morning shift and Monday is a holiday. The Officer returns to work Monday at 2000
hours. The Officer chooses to accrue the hours worked on the holiday and observe a portion ofthe
holiday.
SaS lay T_ W TotalH
Hours Worked 4 6 4 14 10 38
Total including 1/2
conversion
Regular Earnings 4 6 14 10 34
Holiday Premium (1 1/2) 4 (6) 6
Paid Holiday 4 4
Overtime (1 1/2) 0
Sub-Total Paid 4 6 10 14 "10 44
Accrued Holiday Accrual Earned 4 4
Total Compensation(Paid and 4 6 14 14 10 48
Accrued)
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SECTION 3 - Chiefs Prerogative Regarding Non-Essential Staff When the Contractual
Holiday for Police Officers is on a Different Day than the Observed Holiday for the City of
Fort Worth
Example 1: Schedule 0800— 1700 Monday—Friday (uncompensated lunch)
Officer who has weekends off and is non-essential when City offices are closed.Note: The Officerwill
have to use previously accrued holidays for Monday since the Sunday accrual will not be available until
the following pay period. If no holiday accrual has been accumulated, accrued compensatory orvacation
time will be used.
S— M-City Observed T W Th F Total
Christmas Holiday
Day
Hours Worked 0 0 8 12 8 8 36
Total
including
%2
conversion
Regular Earnings 8 121 8 4 32
Paid Holiday Premium (1 %2) 0
Holiday 0
Overtime (1 1/2) 4 (6) 6
Holiday Accrual Used 8 8
Sub-Total Paid 0 8 8 12 8 10 46
Accrued Holiday Accrual Earned 8 8
Total Compensation(Paid and 8 8 8 12 8 10 54
Accrued)
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APPENDIX E
Education Reimbursement Policy
Statement of Purpose
The Education Reimbursement program addresses the City's commitment to employee growth
and development. Reimbursed education must be directly related to an employee's current job
or to a position with the City that requires the educational preparation. The Human Resources
Department determines whether the courses taken are related or required as part of the job. Law
and religious degrees are not covered and doctorate degrees are partially covered.
Funding for this program is subject to council approval and is limited to the fiscal year in which
funds are budgeted. A fixed budget amount is available for tuition reimbursement per fiscal
year. The individual cap available to an employee per fiscal year is applied on a first-come, first-
served basis until the yearly budget is reached. Remaining funds do not transfer into the
subsequent fiscal year.
Applicants must meet with a designated Human Resources Department representative before
admittance to the reimbursement program. Applications are reviewed for approval or
disapproval on a "first-come, first-served" basis. When the allocated fiscal year budget funds are
exhausted, no additional applications will be approved. The approval of a course or a degree plan
is not a guarantee of a promotion or obtaining a position that requires or uses the training.
General Eligibility Requirements
An employee can qualify to receive reimbursement for one degree at each level: high school
diploma or GED, associate, undergraduate (bachelors) and graduate(masters).
The requirements to apply for education reimbursement are:
• Must be a regular, full-time employees participating in the City's retirement fund.
Temporary, seasonal or less-than-part-time employees are not eligible.
• Must have successfully completed their initial probation and any extended
probation.
• Cannot currently be on disciplinary k or have received an overall performance
evaluation that requires a PIP during the most recent performance evaluation.
• Must have the approval of their supervisor and Human Resources before attending
the course.
• In any graded undergraduate course, an employee must attain a course grade of"C"
or higher. In circumstances where the course is not graded, a "pass" grade must be
earned to be eligible for reimbursement.
85
• In any graded graduate course, an employee must attain a grade of"B" or higher.
In circumstances where the course is not graded, a "pass" grade must be earned
to be eligible for reimbursement.
• All course work must be taken on the employee's own time. When there is an
unavoidable conflict between class and job responsibilities, a supervisor may make
a reasonable effort to accommodate the class schedule. Any accommodation of an
employee's class schedule is at the supervisor's discretion.
• Seminars and conferences that meet for the short duration of two weeks or less are
not eligible for education reimbursement. Seminars, training and review courses
that deal with professional certifications or licensing are not eligible for tuition
reimbursement. Individual departments may reimburse for short seminars, review
courses or certifications.
• Reimbursement is not paid for audited courses or for non-credit, continuing
education courses for which there is no grade.
• Credits obtained by the College Level Examination Program (CLEP) are not
eligible for Education Reimbursement.
• Degree plans leading to a degree in Law are not covered.
• Degree plans leading to religious or ministry degrees are not covered.
• Doctorate level degrees (PhD) are covered only if in a scientific field (chemistry,
biology, forensics, etc.) and highly related to the employee's current classification
with the approval of the City Manager or designee.
• Fees and expenses other than tuition and mandatory, course-related fees are
excluded from reimbursement. Although not limited to the following, excluded
expenses are: books, supplies, parking fees, health insurance fees, room and board.
• Incomplete forms or forms without all required documents attached will not be
processed. Forms and requests turned in more than ten working days beyond the
published deadline will not be approved,processed or paid.
• College programs such as mini-terms/sessions, distance learning or quarters that are
not set on a semester basis are considered for reimbursement if they are job related
or part of a degree program and are taken for credit. The employee must meet the
established application deadline for the spring, fall or summer semester that
precedes the course.
• Courses must be taken at an accredited school, junior college, college, university,
technical or trade school.
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Not Eligible for Reimbursement
1. Temporary or part-time employees are not eligible for Education Reimbursement.
2. Seminars and conferences that meet for the short duration of two weeks or less, are not
eligible for education reimbursement. Seminars, training and review courses that deal
with professional certifications or licensing are not eligible for tuition reimbursement.
Individual departments may reimburse for short seminars, review courses or
certifications.
3. Reimbursement shall not be paid for audited courses or for non-credit, continuing
education courses for which there is no grade.
4. Credits obtained by the College Level Examination Program (CLEP) are not eligible for
Education Reimbursement.
5. Fees and expenses other than tuition and mandatory, course-related fees are excluded
from reimbursement. Although not limited to the following, excluded expenses are:
books, supplies, parking fees, health insurance fees, room&board.
6. Incomplete forms or forms without all required documents attached will not be
processed. Forms and requests turned in more than ten working days beyond the
published deadline will not be approved, processed or paid.
7. Degree programs leading to a religious ministry or occupation (based on the separation of
church and state principle). Degree programs at a religious institution that are relevant or
useful to an employee's City job are acceptable.
Administration, Payments & Maximum Reimbursement
Education Reimbursement is paid only once for each approved course. Payments are made as
soon as practicable after receipt of the required paperwork.
An employee who receives financial assistance for their education from another source must
disclose the source and amount on the Education Reimbursement Application. The City does not
pay for tuition and mandatory fees paid by other sources, such as scholarships, grants, Veterans
benefits or other subsidies. Any employee who receives reimbursements from the City which
were paid by other sources must pay back 100% of those funds before becoming eligible for any
future reimbursements from the City.
The City's total education reimbursement cannot exceed the employee's education expenses.
Continuation of Employment & Reimbursement Payback Provisions
If an employee resigns or is terminated before completing a course, the City is not obligated to
pay reimbursement. An employee who terminates or retires from the City of Fort Worth after
receiving reimbursement must pay back 100% of reimbursement received during the 12 months
immediately preceding termination or retirement and 50% of reimbursement received during the
13-24 month period before termination or retirement.
87
An employee terminated because of a reduction in force, medical disability or as a result of
occupational injuries or illnesses is not required to pay back the money received for educational
reimbursement and is not subject to the payback provision.
Education Reimbursement Appeals
The City's Personnel Committee shall hear appeals regarding education reimbursement matters.
The committee shall consider matters submitted by a Department Director, upon which the
requesting Department Director and the Human Resources Department have been unable to
reach consensus. The Personnel Committee shall render final decisions on the appeal in
accordance with the provisions of this policy.
For more information regarding Educational Reimbursement, please see Appendix 7.
(Revised 2-10-06)
Personnel Rules and Regulations
Appendix 7— Education Reimbursement Overview
Type of What's Education Reimbursement Rate Procedure
Education Reimbursable
Reimbursement
Degree Program Tuition & Max allowable-Tuition and Turn in Application with
Mandatory course mandatory course related fees paid the following attachments:
related fees by the employee or$1500 per
semester or corresponding period for Individual Growth Plan
including a statement of
tuition and mandatory course related
career goals i.e., How
fees,whichever is less. In no case
will the yearly maximum course benefits the City&
reimbursement exceed$4,500. . employee
Degree Plan &goals must
only be filed at the
beginning of the
degree. Once a file is
established,application
only is required.
Estimate of semester cost
On completion of Course
turn in:
Official grade slip
Official itemized,paid
receipt
88
Type of What's Education Reimbursement Rate Procedure
Education Reimbursable
Reimbursement
Job Related Course Tuition and Max allowable—Tuition and Application with the
(Including college Mandatory course mandatory, course related fees paid following attachments:
courses,continuing related fees by the employee or$1,500 per Official Job Description
education,trades or semester or corresponding period for
technical) tuition and mandatory course related Official Course description
fees,whichever is less. In no case
shall the yearly maximum Individual Growth Plan
reimbursement exceed$4,500. including a statement of
career goals i.e., How
course benefits the City&
employee
Estimate of cost
On Completion of Course:
Official grade slip
Official itemized,paid
receipt
GED or ESL Test Fee Actual test fee following successful On completion,submit:
completion of test
Application
Official certificate showing
successful completion of
GED or ESL
Itemized, paid receipt
High School Tuition Eligible schools must be
Diploma verified through Human
Resources
Steps to Apply for Education Reimbursement
1. Read and become familiar with the provisions of the Education Reimbursement
Policy. Know the Education Reimbursement procedures and all application and
grade/receipt deadlines.
2. Start and keep a file of all documents relating to Education Reimbursement.
3. Submit Education Reimbursement Application, together with required documents
by the deadline established by the Human Resources Department.
Following successful completion of the course, submit an official grade slip and official itemized
receipt/proof of payment that shows tuition, fees and other items listed separately. These
documents must be submitted by the deadline established by the Human Resources Department.
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M&C Review Page 1 of 3
official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTII
COUNCIL ACTION: Approved on 5/16/2017
DATE: 5/16/2017 REFERENCE C-28242 LOG NAME: 14MEETANDCONFER17
NO.:
NON- PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Meet and Confer Agreement Between City of Fort Worth, Texas and Fort Worth
Police Officers Association to Expire September 30, 2020 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council ratify the terms agreed to by the City Manager's negotiating
team and the Fort Worth Police Officers Association and authorize the execution of a Meet and
Confer Agreement between the City of Fort Worth, Texas and the Fort Worth Police Officers
Association that will expire on September 30, 2020.
DISCUSSION:
Through the meet and confer process, the City and the Fort Worth Police Officers Association
(FWPOA) have negotiated and reached a consensus on a Meet and Confer Agreement (Agreement)
regarding terms and conditions of employment for Fort Worth Police Officers (Officers). The Texas
Local Government Code states that for the Agreement to be enforceable and binding on the City and
the Officers, a secret ballot election must be conducted at which a majority vote of the members of
the FWPOA vote in favor of ratifying the Agreement. Further, the City Council must ratify the
Agreement by a majority vote. According to a letter dated May 5, 2017, from Rick Van Houten, the
President of the FWPOA, to the City, the FWPOA conducted an election to ratify the tentative labor
Agreement. The letter reports that 92.5 percent of the votes cast were in favor of ratification of the
Agreement. Ratification by the City Council of this Agreement will put it into effect and cause this
Agreement to supersede any conflicting state or local law. The attached draft of the Agreement may
be subject to minor changes as the City and the FWPOA finalize the exact language in the
Agreement. Key new provisions in the Agreement include:
1. Modification of hiring procedures for entry-level, lateral hires from other law enforcement agencies,
and reappointed officers to create consistency in the hiring process, and providing greater flexibility
and hiring capabilities to the Police Chief in recruiting lateral hires from other law enforcement
agencies;
2. Allows the City to conduct entry-level testing electronically, online and in places other than in Fort
Worth;
3. Creation of 1,000 hours of Premium Association Business Leave which FWPOA Board members
may use to earn City overtime or comp time for certain FWPOA meetings or events requires Chief
approval;
4. Modification of disciplinary procedures including additional disclosure requirements to officers, and
permits an Acting Chief, Assistant Chief, Deputy Chief, and Commander to impose disciplinary
suspensions;
5. Allows the Civil Service Commission or Independent Hearing Examiner, on appeal, to reduce an
indefinite suspension to a suspension of up to 90 days, rather than up to 15 days.
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M&C Review Page 2 of 3
6. For Special Events, as designated by the Chief, officers who are required to work at a Special
Event will be given advance notice and will be paid double time for working the Special Event if they
are not given the required advance notice, and certain approved vacation leave will count towards
overtime for officers working Special Events;
7. Permits officers who work a 10-hour per day shift to receive 10 hours of Holiday Pay or Holiday
Leave, for a City holiday, rather than 8 hours. This provision will begin no later than the 2017
Thanksgiving Holiday;
8. Allows the Police Chief to use civilian personnel for Digital Forensics and PIA and subpoena
responses in addition to Jail or Crime Scene staffing which was previously permitted;
9. Increases Physical Fitness Incentive to officers for passing a physical fitness test from $300.00 to
$1,000.00 and discontinues further City contributions into an HRA for certain officers that was
previously established;
10. Increases in Educational and Certification Incentive Pays and permits officers to receive both
incentives. This provision will become effective the first pay period in October 1, 2017;
11. One-year evergreen period to extend the Agreement no later than September 30, 2021;
12. Permits the clarification or interpretation of any provisions with a Memorandum of Understanding
approved by the Association's Executive Board, the City Manager or Assistant City Manager, and
signed by the parties' authorized representatives;
13. Grants a lump sum contract approval payment to each officer who is commissioned and covered
by the Agreement as of June 1, 2017. It is anticipated that this amount will not exceed $1,400.00 for
each officer; and
14. Creation of a Commander rank which is an exempt position and shall fall immediately below the
rank of Deputy Chief. The three appointed ranks under the new Agreement will be titled Assistant
Chief, Deputy Chief, and Commander. All appointed ranks are exempt from competitive examination
and instead made by discretionary appointment of the Chief. An Officer appointed to Assistant Chief,
Deputy Chief, or Commander, may be demoted at the exclusive discretion of the Chief and shall have
no right to appeal the demotion from the appointed rank. The City Council may choose to create up to
10 appointed positions including both the ranks of Assistant Chief and Deputy Chief and up to 6
appointed positions in the rank of Commander. Appointments to the rank of Commander will not
reduce the number of Captains nor reduce the authorized strength of the department. Compensation
for the rank of Commander, like the ranks of Assistant Chief and Deputy Chief will be set by the
Chief.
15. Pay increases for officers for each year of the four-year contract are as follows:
Fiscal Year 2016-2017: 2.2 percent across-the board increase payable in the first pay period
following June 1, 2017, plus annual 2.5 percent or 5 percent step pay increases for those Officers
eligible on their applicable anniversary date;
Fiscal Year 2017-2018: 2 percent across-the-board increase payable in the first pay period following
October 1, 2017, plus annual 2.5 percent or 5 percent step pay increases for those Officers eligible
on their applicable anniversary date;
Fiscal Year 2018-2019: 3.1 percent across-the-board increase payable in the first pay period
following October 1, 2018, plus annual 2.5 percent or 5 percent step pay increases for those Officers
eligible on their applicable anniversary date; and
Fiscal Year 2019-2020: 3.1 percent across-the-board increase payable in the first pay period
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following October 1, 2019, plus annual 2.5 percent or 5 percent step pay increases for those Officers
eligible on their applicable anniversary date.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the financial impact of the Meet and Confer Agreements will be
built into the multi-year forecasts of the General Fund and the Crime Control and Prevention District
funds. Sufficient funds are appropriated in fiscal year 2017 to cover anticipated costs associated with
approval of these Agreements.
TO
Fund Department Account Project Program Activity Budget I Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Valerie Washington (6192)
Originating Department Head: Brian Dickerson (7783)
Additional Information Contact: Larry Lockley (7757)
ATTACHMENTS
2017 Form 1295 for FWPOA.pdf
MCA 2017-2020 Changes Made 2 with Salary Schedule.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24652&councildate=5/16/2017 6/1/2017