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Home My WebLink AboutContract 49103-A1 CITY SECRETARY n CONTRACT NO. ARTICLE 14 PHYSICAL FITNESS PROGRAM (Amended effective August 28, 2018) Section 5. Dissolution of HRA- Officers Previously Receiving$300.00 into HRA A. Effective upon execution of this Agreement, after approval by the members of the Association and the City Council, 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 to a Health Reimbursement Account ("HRA") on their behalf, as established in the 2009 contract, shall become eligible to receive a distribution of all such HRA contributions and earnings made on their behalf upon the effective date of this amendment, if such Officer is employed by the City as an Officer on the date that the distribution is made. An Officer who has been indefinitely suspended before the day that distribution of the HRA funds is made will not be eligible to receive a distribution, unless the Officer's indefinite suspension is overturned on appeal or reduced to a definite suspension by order of the hearing examiner or by agreement. Officers who have terminated employment from the City,for any reason, prior to the dissolution of the HRA shall not be eligible for a distribution. Distributions will be processed through the city's payroll system and shall be reported and taxed as ordinary income. HRA distributions shall not be considered pensionable earnings and will not be reported as such to the City of Fort Worth Employee Retirement Fund. Any funds in an HRA that are not distributed to an Officer will be forfeited to the City and placed the City's general operating fund. If any state or federal agency determines that the payments to these Officers were improper and, as a result, the City is required to recoup those funds from these Officers,the Officers will repay the City whatever net amount of money they were paid hereunder. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCILAGENDA Fo RTWoRm COUNCIL ACTION: Approved on 8/28/2018 DATE: 8/28/2018 REFERENCE «*G-19349 LOG NAME: 14MEETANDCONFERAMENDMENT14 CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize and Approve Amendments to Article 14, Section 5 of the Meet and Confer Agreement Between the City of Fort Worth, Texas and the Fort Worth Police Officers Association, which will Expire on September 30, 2020 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize and approve amendments to Article 14, Section 5 of the Meet and Confer Agreement between the City of Fort Worth, Texas and the Fort Worth Police Officers Association, which will expire on September 30, 2020, to distribute prior contributions to and dissolve Health Reimbursement Accounts. DISCUSSION: Through the Meet and Confer process as authorized under Chapter 143, Subchapter I of the Texas Local Government Code, the City and the Fort Worth Police Officers Association (POA) negotiated and reached an agreement on all of the terms of a successor Meet and Confer Agreement (MCA) in 2017 regarding terms and conditions of employment for Fort Worth police officers (police officers). This current MCA, between the City and the POA was approved by the City Council on May 16, 2017 (M&C C-28242). The current MCA expires on September 30, 2020. Following recent discussions between the City and the POA, the parties have agreed on amendments to Articles 14, Section 5 of the current MCA. Article 25 of the MCA sets out the process required for amending the MCA. For an amendment to any provision of the MCA to be effective, the amendment must be ratified by a majority vote of police officers and approved by the City Council. On July 16, 2018, the POA informed the City that the required majority of police officers voted to ratify the amendments to Article 14, Section 5 of the MCA. The amendments cannot be incorporated into the MCA unless and until the City Council approves the amendments. From 2009 until 2017, Article 14, Section 5 of the MCA required the City to contribute $300.00 annually into a Health Reimbursement Account(HRA)for certain police officers who met the mandatory physical fitness requirements. When the new contract was approved in 2017, this practice was replaced with different physical fitness incentives and Article 14, Section 5 of the MCA was added, entitled "Officers Previously receiving $300 into HRA." As a result, these accounts are no longer growing or serving their original purpose of funding retiree healthcare for police officers who will not be entitled to a City subsidy for his or her healthcare upon retirement. The City and the POA have agreed to amendments to Article 14, Section 5 which will permit an immediate distribution of these accumulated HRA funds, and earnings on such funds, directly to the individual police officers for whom the funds were deposited. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. TO Fund Department Account ProjectProgram Activity Budget Reference# Amount ID ID Year (Cha old 2 http://apps.cfwnet.org/council_packet/mc review.asp?ID=26249&councilda... 10/9/2018 M&C Review Page 2 of 2 FROM Fund Department Account Project Program I Activity I Budget Reference# I Amount ID I ID Year Chartfield 2 Submitted for City Manager's Office by: Susan Alanis(8180) Originating Department Head: Brian Dickerson (7783) Additional Information Contact: Larry Lockley(7757) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=26249&councilda... 10/9/2018 Kayser, Mary From: Troutt,Christopher Sent: Friday, October 12, 2018 3:38 PM To: Kayser, Mary Subject: RE: Meet and Confer Attachments: ARTICLE 14 Amended 8.28.18 Clean.docx;ARTICLE 14 Amended 8.28.18.docx Mary: Attached are a marked-up and a clean version of the MCA Article 14,Section 5 that was approved by the membership of the Local 440 and the City Council (The council approval was 8.28.18). 1 hope this answers your question and gives you what you need for the PIA request. Please let me know if you need more information. Chris Christopher A.Troutt Senior Assistant City Attorney Fort Worth City Attorney's Office 200 Texas Street Fort Worth,TX 76102 817-392-7609 (Direct) 817-392-8359 (Fax) RECIPIENTS- PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination,forwarding, printing,or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Christopher A.Troutt at the City of Fort Worth City Attorney's Office (817)392-7609. City of Fort Worth —Working together to build a strong community. -----Original Message----- From: Kayser, Mary Sent: Friday, October 12, 2018 9:34 AM To:Troutt,Christopher<Christopher.Troutt@fortworthtexas.gov> Subject: RE: Meet and Confer Any resolution? Mary J. Kayser,TRMC MMC City Secretary 1 City Secretary's Office 200 Texas Street Fort Worth,TX 76102 817-392-6161 817-944-8111 (cell) mary.kayser@fortworthtexas.gov -----Original Message----- From:Troutt, Christopher Sent:Wednesday,October 10,201810:17 AM To: Kayser, Mary<Mary.Kayser@fortworthtexas.gov> Subject: RE: Meet and Confer Hi Mary: There seems to be a bit of confusion(probably caused by me) about which version of revised MCA Article 14 was presented to the Council for approval. I should have that resolved soon and I'll keep you informed. Thanks-Chris Christopher A.Troutt Senior Assistant City Attorney Fort Worth City Attorney's Office 200 Texas Street Fort Worth,TX 76102 817-392-7609(Direct) 817-392-8359 (Fax) RECIPIENTS- PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination,forwarding, printing,or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Christopher A.Troutt at the City of Fort Worth City Attorney's Office (817)392-7609. City of Fort Worth — Working together to build a strong community. -----Original Message----- From: Kayser, Mary Sent:Wednesday,October 10,2018 8:14 AM To:Troutt,Christopher<Christopher.Troutt@fortworthtexas.gov> Subject: Meet and Confer I am responding to a PIR and they want a copy of the current Meet and Confer contract which I have. During my search for the agreement I found this M&C(G-19349) that authorized an amendment to the agreement. I do not find any filed 2 amendment to the current Meet and Confer agreement for the actions of this M&C. Can you tell me how this was handled? Thanks. Mary J. Kayser,TRMC MMC City Secretary City Secretary's Office 200 Texas Street Fort Worth,TX 76102 817-392-6161 817-944-8111 (cell) mary.kayser@fortworthtexas.gov 3