HomeMy WebLinkAboutContract 62070City Secretary
Contract No laQ D:JO
MEET AND CONFER
LABOR AGREEMENT
BETWEEN
CITY OF FORT WORTH, TEXAS
AND
FORT WORTH POLICE OFFICERS
ASSOCIATION
EXPIRES SEPTEMBER 30, 2028
OFFICIAL RECOftt)
CITY SECRETARY
FT. WORTH, TX
TABLE OF CONTENTS
PREAMBLE ................................................................................................................................... 3
ARTICLE 1 AUTHORITY AND RECOGNITION .................................................................. .4
ARTICLE 2 DEFINITIONS ......................................................................................................... 5
ARTICLE 3 ASSOCIATION RIGHTS ....................................................................................... 7
ARTICLE 4 TIME OFF FOR ASSOCIATION BUSINESS ................................................... 10
ARTICLE 5 MANAGEMENT RIGHTS ................................................................................... 14
ARTICLE 6 NO STRIKE, NO LOCK-OUT ............................................................................ 15
ARTICLE 7 DISCIPLINARY ACTION ................................................................................... 16
ARTICLE 8 DISPUTE RESOLUTION PROCEDURE ......................................................... 34
ARTICLE 9 LABOR RELATIONS CONSULTATION PROCESS ...................................... 38
ARTICLE 10 WAGES AND CERTAIN PAYS ........................................................................ 39
ARTICLE 11 HIRING FOR BEGINNING POSITIONS IN THE FORT WORTH
POLICE DEPARTMENT ........................................................................................................... 41
ARTICLE 12 COMPENSATORY TIME AND SPECIAL EVENT STAFFING ................ .48
ARTICLE 13 SENIORITY ......................................................................................................... 51
ARTICLE 14 PHYSICIAL FITNESS PROGRAM ................................................................. 53
ARTICLE 15 PROMOTIONS, DEMOTIONS AND REINSTATEMENTS ......................... 57
ARTICLE 16 VACANT PROMOTIONAL POSITIONS RESULTING FROM
MILITARY LEAVE OF ABSENCE ......................................................................................... 70
ARTICLE 17 NON-DISCRIMINATION .................................................................................. 71
ARTICLE 18 MAINTENANCE OF STANDARDS ................................................................. 72
ARTICLE 19 HOLIDAYS .......................................................................................................... 74
ARTICLE 20 SHIFT DIFFERENTIAL .................................................................................... 77
ARTICLE 21 CIVILIANIZATION OF CERTAIN SWORN OFFICER POSITIONS ....... 79
ARTICLE 22 TUITION REIMBURSEMENT ......................................................................... 81
ARTICLE 23 REOPENER PROVISIONS FOR HEALTHCARE AND PENSION
BENEFITS .................................................................................................................................... 82
ARTICLE 24 OFF-DUTY EMPLOYMENT AT CITY OWNED FACILITIES .................. 83
ARTICLE 25 COMPLETE AGREEMENT ............................................................................. 84
ARTICLE 26 SA VIN GS CLAUSE ............................................................................................ 85
ARTICLE 27 DURATION AND TERMINATION ................................................................. 86
ARTICLE 28 SPECIAL LEA VE PROVISION ........................................................................ 87
ARTICLE 29 NOTICE ................................................................................................................ 88
APPENDIX A (VO LUNT ARY PAYROLL DEDUCTION FORM)
APPENDIX B (VACATION LEAVE ACCRUAL CHART)
APPENDIX C (STRUCTURED PAY PLANT ABLE)
APPENDIX D (HOLIDAY PAY EXAMPLES)
APPENDIX E (EDUCATION REIMBURSEMENT POLICY
APPENDIX F (EXAMPLES OF ADDITIONAL POSITION WITHOUT VACANCY
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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.
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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. The parties understand and agree that the Chief of Police
is a general employee, subject to the City 's Personnel Rules and Regulations for General
Employees. A Chief of Police who had a civil service rank with the City prior to appointment as
Police Chief has civil service protection to the extent se t out in TLGC Section 143.013.
It is agreed that Officers appointed to deputy chief and commander_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 ' and Commander's benefits under the
executive pay plan, and under the City's Ordinance pe1iaining 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. Arty
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.
"Administrative Inquiry " is an investigation by the chain of command of alleged misconduct that,
if proven true, would not result in disciplinary action as defined in Article 7 , Section 2.
"Agreement " refers to this Meet and Confer Agreement, negotiated between the City of Fort
Worth and the Fort Worth Police Officers' Association.
"Ass ociation" 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 th e 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.
"C ity " means the City of Fort Worth.
"C ity Manager" mean s 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.
"C ommission" 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.
"DABM" means a designated association board member.
"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 Exec utive Board of the organization pursuant to the Constitution and
By-laws of the Association.
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"Holiday Leave " means up to 8 hours of leave , as set out in Article 19. "Holiday Pay " me ans up
to 8 hours of compensation, as se t out in Article 1.
"Preempt" has the same meaning as "supersede."
"Holiday Premium Pay " means compensation paid to an Officer for work perfonned 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 covere d by this Agreement pursuant to Subchapter I of Chapter 14 3 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.
"R eg ular 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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Section 1.
ARTICLE3
ASSOCIATION RIGHTS
Payroll Deductions.
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 TMP A 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.
A. 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.
B. All amounts deducted pursuant to this Article shall be paid to the legally
designated representative of the Association for FWPOA, CLEAT and TMP A 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
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not exceed $.10 per deduction for the duration of thi s Agreement. The cost per deduction shall
be no more than the cost applied to other employee associations .
The Association shall defend the City and hold the City harmless against any and all claims ,
demands , suits or other fom1s 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 premise s 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 pro visions 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 :
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(1) Recreation and Social Affairs of the Association.
(2) Association Meetings.
(3) Association E lections.
( 4) Reports of Association Committees.
(5) Rulings or policies of the State or National Association , without added
commentary .
(6) Legis lative 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 Chiefs 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 Busine ss
Leave ("ABL"), and allocated to an agreed Association Business Leave Pool ("ABLP "). At the
same time the 6000 hours are added to the ABLP, 4700 hours in the ABLP will be immediately
deducted from the ABLP for the use by only the Association President and the Designated
Association Board Member ("DABM") during that calendar year. The remaining 1300 hours in
the ABLP are available for use by other Officers , pursuant to this Article, and, at the end of the
calendar year, any of those 1300 hours that have not been used that calendar year will carry over
to the next year. Each year at the end of the calendar year during this Agreement, the unused
hours from the 1300 hours referred to above will be carried over to the next year and added to
whatever unused hours have been carried over from previous years.
B. Notwithstanding Sections 142.0013(b) and (d) and 143.3015(i) 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. These hours will be included in the
ABLP , and used for the purposes agreed to in this Article. The parties agree that the allocation
of ABL hours in the ABLP, the source of those ABL hours , and the use of those ABL hours
do not constitute the payment of money or a thing of value to the Association; rather, any
payment of money or thing of value is for the benefit of the Officer who uses the ABL hours.
The vacation accrual rates which will apply for Officers under this Agreement are provided
in Appendix B. This section preempts TLGC Sections 142.0013 (band 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 and the DABM ,_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 , the DABM,_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 ;
or mediation program ; (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
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Association; or (f) attending other Association meetings , training programs , semmars ,
workshops , conferences , or events.
E. The use of 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 if: (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) ABL hours are used by an Association Board member to respond to critical
police incidents , ( 4) an exception is granted by the Chief; and ( 5) 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 separate ly code
ABL and Premium ABL for this purpose. Neither the President of the Association nor the
DABM nor any other board member, if they are on full-time release to conduct Association
business may use ABL as productive time , beyond their regular scheduled 40 hours per week
schedule. The Association President may request in writing the Chief s approval of extended
ABL for designated Association board members . If ABL for such Board member or members is
not approved for any reason other than an emergency situation, the Association President may
meet with the City Manager and /or Chief to review the decision.
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 , the DABM , 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 and Designated Association Board Member.
A. The Fort Worth City Council shall , by ordinance , authorize additional position to
the police department 's authorized strength , one of which may be filled only by the President of
the Fort Worth POA. The staffing ordinance will establish that the classification of the additional
position shall be the same as the classification held by the President, which may change if the
President's classification changes by promotion or demotion , or if a newly-elected President is of
different rank than the incumbent President. If the President is promoted, the parties expressly
agree that this provision does not create a vacancy for any amount of time , rather that the
classification of the additional position converts to the President's promoted rank, simultaneous
with the promotion. Upon election of each new POA President, the outgoing President will be
placed into an authorized strength position consistent with his or her classification, and if that
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placement causes an excess in the classification, the procedures for demotion and reinstatement
based on seniority shall be applied. See examples in Appendix F. As soon as practicable after the
effective date of this Agreement , the Fort Worth City Council shall , by ordinance , authorize one
additional position to the police department's authorized strength which may be filled only by a
Designated Association Board Member ("DABM") designated by the Association President.
B. For the purpose of filing and maintaining his or her time and attendance reports ,
the Association President and the DABM shall be placed on special assignment and released
on ABL. The President and DABM must each use 2080 hours of ABL per payroll year unless
otherwise approved by the Chief or the Chiefs designee. However , ABL shall not be used if the
President or DABM is under a suspension without pay. The President's and DABM 's ABL will
be deducted from the ABLP at the beginning of each payroll year to cover the President's and
the DABM 's time from the first pay period through the last pay period of each calendar year
covered by this contract. 4 ,700 hours of ABL will be deducted from the ABLP at the beginning
of the payroll year for the ABL hours for the President and the DABM, to offset the benefits
associated with being a City employee.
C. While on ABL , the President and the DABM will continue to accrue his or her
usual vacation , sick leave , personal holiday and family leave. Any leave used by the President
and the DABM 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 and the DABM will maintain a record of
leave the President or the DABM uses that is not ABL.
D. No overtime, compensatory time , shift differential , holiday premium pay, or
holiday accrual shall be accrued or paid while the President or the DABM is on ABL except,
with respect to overtime and compensatory time , when the President or the DABM 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 or the DABM to duty during an emergency or special
event involving overriding need for the protection of the citizens of Fort Worth.
E. ABL shall not be treated as a break in service, and the President and the DABM
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 and the DABM 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.
Sectio n 3 . Association Negotiati ng 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
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to designate as a negotiatmg 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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ARTICLES
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 establi sh , 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, an d hours of work ;
the right to establish , eliminate , or modify the methods , proce sses , means , and personnel by
which operations are to be carried out; the right to establi sh, eliminate, modify, review , and
enforce rules and standards go verning job performance , p ers onal conduct and appearance ,
uniforms and equipment , safety , training , education, attendanc e, di scipline , and efficiency ; the
right to establish, abolish, or modify proce sses and procedure s fo r inve stigating 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 Offi cers in the Department.
Section 2. Ex cept as provided for by State or Federal L aw , or as expressly modified ,
delegated , or abridged by the provisions of this Agreement , the exclusive rights and prerogatives
of management not expre ssly 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 thi s Agreement does not , by its terms , expressly and specifically restrict , modify , or abridge a
particular right or prerogative of management , then th e City retains such right or prerogative of
management, solely and exclusi vely subject to State or Federal law. Moreover , the City 's retained
rights and prerogatives of management shall not be restricted , diminish ed, wai ve d, or ceded
by any purported past practice, purported condonation or ratification of prior act s of employees ,
or by prior arbitration decisions or civil service hearing decisions.
Section 3. To the extent the City 's ve sted 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 14 2 and 14 3 of the
TLGC , the provisions of this Agreement shall supersede and preempt thos e 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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Section 1. Investigations.
ARTICLE 7
DISCIPLINARY ACTION
A. A person may not be assigned to conduct an Administrative 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 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 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
preliminary information to determine , if possible misconduct has occurred , including questioning
subordinate Officers. A supervisor may not use this pro vision to circumvent any procedural rights
under Article 7, Section 2 or Article 7, Section 3. However , if whil e gathering information either
informally or during an Administrative Inquiry as described in Section 3 below, a supervisor
believes that the matter could result in disciplinary action , as defined in Section 3 below , and
therefore should be investigated by Internal Affairs , the supervisor shall provide the information
gathered to Internal Affairs for further action, if any. Refer to Section 3 below for more information
regarding the details of an Administrative Inquiry.
Section 2. Rights of an Officer who is the Subject of an Administrative Investigation.
A. The term "Administrative Inve stigation " 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.
This section does not apply to criminal investigations.
1. This section does not apply to any investigations conducted by the Major
Case Unit, the Special Investigations Section, or to Administrative Inquiries.
2. This section does not apply to Officers who are witnesses for an
Administrative Investigation.
3. If an investigation conducted by the Major Case Unit, the Special Investigations
Section, or any other departmental criminal investigative entity, 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. The Officer shall be
provided with a copy of their interview prior to being required to make a statement to
Internal Affairs at least forty-eight ( 48) hours prior to being formall y interviewed ,
16
except as provided with situations invo lving exigent circumstances . Any additional
interview of the in volved Officer will be conducted by Internal Affairs pursuant to thi s
Section.
5. If the involved Officer is a member of the Internal Affairs Unit , and an
Administrative Investigation is warranted , the investigation shall be referred by the
Chief or the Exec utive Assistant Chief, to another train ed IA investi gator who is no
longer with the IA Unit and who has no personal knowledg e of the alleged misconduct.
Nothing in this provision prohibits supervisors in Internal Affairs from conducting
audits of their subordinates or from conducting Administrative Inquiries as set forth in
Section 3 below .
B. Except in situations involving exigent circumstances , an Officer who is the subject of an
Administrative Investi gation shall be informed of the general nature of the investigation forty-
eight hours prior to being formally interviewed. A Personnel Complaint form signed by the
complaining or Reportin g Party that contains a ge neral notification to the Office r regarding th e
nature of the in ves ti gat ion, shall be served at least forty-eight ( 48) hours prior to the intervie w.
Signatures need not be notarized . 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 Investi ga tion" also referred
to 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.
3. A "Personnel Complaint Form" is a form used by the Department to notify an
involved Officer of allegations of misconduct.
4 . A "Reporting Party " on a Personnel Complaint can be:
(a) A person who personally observed, and is present during , an incident
involving possible Officer misconduct and reports it to the department , and who is
not a Complaining Party.
(b) A person who reports possible Officer misconduct to the department , but
who was not a witness to the event on which the report is based ; or
( c) A member of the department who becomes aware of possible Officer
misconduct through personal observation, or information learned by , or reported
to , the member of the department. This includes information reported to a member
of the department from a person who wishes to make the report anonymously.
The Personnel Complaint form used by the department will include separate boxes for
"Complaining Party " and "Reporting Party ." The name of the Complaining Party or Reporting
17
Party will be disclosed on the Personnel Complaint. People who are witnesses , but not a Reporting
Party , do not need to be named in the Personnel Complaint.
5. An investigator who discovers additional violations during the course of an
Administrative Investigation may be the complainant or Reporting Party on those violations and
may investigate those violations .
6. The involved Officer is prohibited from making contact with a member of the
public who is a Complaining Party , or Reporting party, or any persons who were or may be ,
witnesses to the alleged misconduct.
7. A "Peer Representative " is a trained member of the bargaining unit but not an
Association Board Member who may act as an Officer 's representative for purposes of this Section.
8. An "Association Representative " is an Association Board Member who may act as
an Officer's 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. Time missed from work due to
participation in an administrative interview shall not be used against any Officer for purposes of
determining whether to impose disciplinary action. 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
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
18
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 that occurs
immediately after an incident that may become the subject of an Administrative Investigation,
except that the Officer under investigation must be furnished , as soon as practicable, a written
statement of the allegations in the complaint.
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 each person 's 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
(60) calendar days of the Officer 's interview date, 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 . At the Officer's request ,
a second Peer Representative may be present to only observe the interview of the Officer who is
the subject of the Administrative Investigation. That person will be considered to be "in training"
as a Peer Representative and may participate as a Peer Representative "in training" only one time.
The Peer Representative "in training " is subject to the same rules concerning conduct as the Peer
Representative.
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 make a reasonable request for a break , or has a reasonable
19
belief that the Officer is suffering from a mental health crisis, the investigator
may , with the approval of the investigator 's supervisor or a member of the Internal
Affairs chain of command, exclude the Representative from the interview room
and continue the interview without the Representative.
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.
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. If the Chief determines that an Association or Peer
Representative was disruptive to an interview, the Chief or designee , shall discuss
the matter with the Association and may disallow that person from serving as an
Association or Peer Representative. In such case , the Chief or designee will
provide to the Association a written explanation of the behavior that was
determined to be disruptive , and that person will be removed from the list of
Association or Peer Representative referred to in this subsection .
c. A Peer Representative will be allowed to use Association Business Leave
(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
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protect statements or disclosures to the Officer 's 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
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 Officer 's 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 also 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 in their
role as the Officer 's representative. An Officer's representative called as a witness
in an Administrative Investigation or civil service hearing shall be entitled to 48
hours ' written notice and the right to counsel.
e. At least 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 ,
21
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
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 consu lt
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 from informing the Officer under
investigation that the misconduct being investigated cou ld result in disciplinary action or
termination of employment, or from informing the Officer that failure to answer truthfully
reasonable questions directly related to the investigation or to cooperate fully in the conduct of the
investigation may result in punitive action.
7. At an Officer 's pre-disciplinary meeting with the Chief, or person acting as the
Chief under this Agreement, the Officer can have a Peer Representative outside the room in which
the pre-disciplinary meeting is occurring to be avai lable to speak with the Officer should the
Officer so desire or have questions from the meeting. The Officer shall be allowed to request
reasonable breaks during the pre-disciplinary meeting , as needed , to discuss relevant matters with
their Peer Representative outside of the meeting. Breaks will be limited to 15 minutes each, unless
the time is extended by mutual agreement. An Officer shall not be penalized for requesting a
break(s) to speak with their Peer Representative.
G. All video recordings , audio recordings , digital files , written statements , other
documents, photographs , GPS / A VL readings , Taser readouts , and any other type of information
22
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 , or a witness Officer if they have provided any prior statement will be allowed to
review any videos or media , prior statements , and Taser readouts in the investigator's possession,
that depict any incident that is the focus of the investigation. Prior statements , police reports or
any other documents that could assist the Officer 's memory, including statements made by the
Officer to Major Case , Special Investigations Unit or any other investigative unit , will be provided
to the Officer , only to the extent that the Officer specifically requests any such items. The Officer
must make arrangements with the investigator to schedule a time to review the items set out in this
section , at least two hours in advance of the time set for the Officer to give the statement set out in
this section. The Internal Affairs Unit shall make reasonable and appropriate efforts to obtain
videos or media, and Taser readouts that exist in the FWPD for this purpose. The Officer can
review such videos or media, 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 or media, and Taser readouts. The
Officer and Association or Peer Representative or attorney are prohibited from recording ,
copying, or transmitting the substance of the videos or media, 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
media, or Taser readouts . During the review of the above by the Officer, it is prohibited for a
member ofIAD or anyone acting on their behalf, to monitor or record the Officer 's review of the
materials listed above.
1. In addition to videos and media, 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 comp lete investigation, to the extent
authorized by law, no later than five (5) calendar 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
23
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 any involved Officer to answer pertinent questions concerning
any administrative matter related to the alleged misconduct 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. 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 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. The Chief or designee will provide a written response to the
Officer 's objection within 10 calendar days after the objection is asserted. 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 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.
L. Military Deployments or Other Protected Leave During an Administrative
Investigation.
In the event that an Officer is deployed , or his or her service activated by any branch of the armed
services during an Administrative Investigation , the 180-calendar day time period contained in
Tex. Loe. Gov 't Code 143.062 (h) shall be suspended as of the date of the military order that
notifies the Officer that he or she is being deployed or called to active service. Upon return to full
24
duty with the Department, the Chief, Assistant Chief, Deputy Chief, or Commander, shall be
allowed to exhaust however many of the 180 calendar days were left prior to the date of the
military orders. The 180-calendar day requirement in TLGC 143 .062(h) will also be suspended
during the time that an Officer is on approved leave under FMLA or ADA , or Line of Duty Injury
or Illness Leave under TLGC 143.073 , or out on worker 's compensation. Upon returning to work
with the Department, the Chief, Assistant Chief, Deputy Chief, or Commander shall be allowed
to exhaust however many of the 180 calendar days were left prior to the date of the military
orders , worker's compensation, or protected leave.
Section 3 Administrative Inquiries.
An Administrative Inquiry is an investigation by the chain of command of alleged
misconduct that , if proven true , would not result in disciplinary action as defined in Section 2. An
Officer's chain of command cannot conduct an Administrative Investigation. The chain of
command may only conduct an Administrative Inquiry. An Administrative Inquiry can occur in
any division in the Department, including, Internal Affairs, SIU or Major Case. An Administrative
Inquiry cannot be conducted to investigate allegations of (1) use of force , (2) use of deadly force ,
(3) untruthfulness , ( 4) false statements , (5) sexual harassment , or (6) alleged or possible criminal
acts.
B. The highest level of action that can be taken following an Administrative Inquiry
is a written reprimand. If new allegations arise during an Administrative Inquiry that could lead to
disciplinary action as defined in Section 2, the supervisor shall cease the Administrative Inquiry
and refer the matter to Internal Affairs for further investigation. Prior to questioning the Officer as
part of an Administrative Inquiry , the supervisor must explain to the Officer that the supervisor is
conducting an Administrative Inquiry and inform the Officer of the subject matter of the
Administrative Inquiry. At the time an Administrative Inquiry begins , if the supervisor conducting
it believes there is a question whether it would lead to disciplinary action , the matter will be
referred to Internal Affairs to determine if an Administrative Investigation is warranted.
C. TLGC Section 143.312 shall not apply to Administrative Inquiries. However , if a
Written Reprimand is issued to the Officer at the conclusion of an Administrative Inquiry , the
Officer will have the right to respond within 10 calendar days , pursuant to TLGC Section
143.312(k).
D. In an Administrative Inquiry , the supervisor conducting the Administrative
Inquiry and the Officer being interviewed are each permitted to record the interview so long as
all parties are notified of the recording at the time the recording is made.
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. The Chief and the
Officer can also agree to disciplinary action of 15 calendar days or less , with no right of the
25
Officer to appeal the disciplinary action. All offers that require an Officer to relinquish their right
to appeal must be presented in writing and , at the Officer's request , the Officer will be given 2
business days to consider the offer , including consulting with the Association representative
and/or legal counsel. When the Chief presents the offer to the Officer, the Chief must also present
to the Officer, in writing , what disciplinary action will be imposed if the Officer rejects the offer.
After the Chief presents the offer to the Officer, there will be no further negotiation on that matter.
If the Officer accepts the Chiefs offer, then the written offer will be signed by the Chief and the
Officer and will be binding on all parties. The Officer 's written election shall be the imposed
discipline. If the Officer fails to make a written election by the deadline, then the suspension with
the right to appeal shall be the imposed discipline . The rejected offer shall not be admissible in
any civil service appeal. An appointed Executive Chief Assistant Chief can exercise the powers
of the Chief set forth in this Section 4(A).
B. Assistant Chiefs can impose disciplinary suspensions on Officers of up to 10
calendar days , which is appealable to the same extent as discipline imposed by the Chief. An
Assistant Chief can also agree with an Officer, in writing , to a disciplinary action of 10 days or
less , with no right of the Officer to appeal the disciplinary action. The offer must be presented in
writing , and at the Officer's request, the Officer will be given 2 business days to consider the offer,
including consulting with the Association representative and/or legal counsel. After the Assistant
Chief presents the offer to the Officer, there will be no further negotiation on that matter. If the
Officer accepts the offer, then the written offer will be signed by the Assistant Chief and the Officer
and will be binding on all parties. If the Officer declines , then the Assistant Chief can impose the
disciplinary action that he or she believes is appropriate, as set out in this Section 4(8). The rejected
offer shall not be admissible in any civil service appeal.
C. Deputy Chiefs can impose disciplinary suspensions on Officers of up to 5
calendar days , which is appealable to the same extent as discipline imposed by the Chief. Deputy
Chiefs can also agree with an Officer, in writing, to a disciplinary action of 5 days or less, with
no right of the Officer to appeal the disciplinary action. The offer must be presented in writing,
and at the Officer 's request , the Officer will be given 2 business days to consider the offer,
including consulting with the Association representative and/or legal counsel. After the Deputy
Chief presents the offer to the Officer, there will be no further negotiation on that matter. If the
Officer accepts the offer, then the written offer will be signed by the Deputy Chief and the Officer
and will be binding on all parties . If the Officer declines, then the Deputy Chief can impose the
disciplinary action that he or she believes is appropriate , as set out in this Section 4(C). The
rejected offer shall not be admissible in any civil service appeal.
D. Commanders can impose disciplinary suspensions on Officers of up to 3
calendar days, which is appealable to the same extent as discipline imposed by the Chief. A
Commander can also agree with an Officer, in writing , to a disciplinary action of 3 days or less,
with no right of the Officer to appeal the disciplinary action . The offer must be presented in
writing , and at the Officer 's request, the Officer will be given 2 business days to consider the
offer, including consulting with the Association representative and /or legal counsel. After the
Commander presents the offer to the Officer, there will be no further negotiation on that matter.
If the Officer accepts the offer, then the written offer will be signed by the Commander and the
Officer and will be binding on all parties. If the Officer declines , then the Commander can impose
26
the disciplinary action that he or she believes is appropriate , as set out in this Section 4(D). The
rejected offer shall not be admissible in any civil service appeal.
E. Any person serving as the "Acting Chief' or "Interim Chief' shall have the same
power and authority to impose discipline as the Chief. A person serving as an acting Assistant
chief, acting Deputy Chief, or acting Commander role has the same power and authority to
impose discipline as the position for which the person is serving in an acting role.
F. When serving a suspension of a definite number of days , 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.
G. The Chief or the Chiefs 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 Chiefs 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 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.
H. The written statement of suspension shall not include the Officer 's home address
or telephone number.
I. 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 City may include prior disciplinary actions in
the written statement of suspension if those matters occurred within ten (10) years prior to the
date of the disciplinary action and were considered by the decision-maker in determining the
disciplinary consequences for the current sustained misconduct. This does not include written
reprimands or coaching sessions. The City is also entitled to offer, at any hearing on appeal ,
any evidence of prior similar sustained misconduct that was considered in connection with the
suspension imposed.
J. Within 1 0 calendar days of an Officer being placed on restricted duty ,
including but not limited to administrative reassignment or any other duty status that changes or
limits the Officer 's regular duty status , the Chief shall provide the Officer with a brief written
statement of the basis or reason for the action or a written Personnel Complaint.
27
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 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 calendar day before the date of the indictment
or complaint , the Chief may , within 45calendar 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 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 , conviction , or plea agreement including a guilty plea , a no-contest plea, deferred
adjudication, or probation.
1. An Officer 's potential recovery of back pay in a successful appeal , when the
appeal was abated because of a pending criminal charge , will be
determined as follows:
(a) An Officer may recover full back pay if the criminal charges were dropped; or
(b) If the criminal charges were dismissed as part of a plea deal , or in connection
with a deferred disposition, or after successful completion of First Responders'
Court , the Officer's potential back pay ends as of the date of the plea deal or order
of deferred disposition.
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, or the
charges are dismissed and not re-filed as another offense , 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 pled 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 calendar days of back pay in such an
appeal. If the City and the Officer agree , an Officer who appeals a disciplinary suspension or an
28
indefinite suspension , who was also placed on unpaid temporary suspension prior to the
disciplinary suspension or indefinite suspension may have hi s appeal for backpay during the
Officer's unpaid temporary suspension heard at the same time as the disciplinary appeal by the
selected Hearing Examiner or the Civil Service Commission. This agreement between the City
and the Officer can be made at any time after the disciplinary appeal or request for back pay is
filed.
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 Offic er 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. 1
H. The Chief may issue a disciplinary suspension , including an indefinite suspension
base d on an act classifie d as a felony or a Class A or B misdemeanor after the 180-calendar 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 is considering
issuing a disciplinary suspension , including an indefinite suspension after the 180-calendar 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 or Internal Affairs Division of
the charge or indictment within 48 hours of any arrest related to the charge or indictment. Upon
plea, conviction, acquittal or dismissal of a Class A or B misdemeanor or felony the Officer shall
within 48 hours notify the Chief or the Internal Affairs Division.
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 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 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
list is agreed to by the City and the Association. Each of the Hearing Examiners who are selected
for the initial list , or who are added to the list by agreement of the City and the Association , shall
29
remain on the list until removed by agreement of the City and the Association , or when the
Hearing Examiner expresses his or her desire to no longer receive assignment of cases. If a
Hearing Examiner who has been designated to hear a disciplinary appeal is removed from the
list while that appeal is pending, that Hearing Examiner will continue to hear that appeal to its
conclusion , unless the Hearing Examiner is unable or refuses to do so. In that event, the parties
will have 10 business days to agree on a replacement Hearing Examiner, or , if they cannot agree ,
then the Civil Service Director , or his or her designee shall select the first Hearing Examiner on
the list. The City and the Association may at any time, by mutual written agreement , remove or
add Hearing Examiners to such list.
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 calendar 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 calendar 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 5 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 timestamp 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 later-filed appeal will not be selected until after Hearing Examiners for all previously-
filed appeals have been designated unless by agreement.
30
F. This process shall app ly to any appealable disciplinary action or back-pay appeal
and to all Officers covered by this Agreement , regardless of the Officer's affi li ation 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 sha ll
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 Examin er from the Hearing Examiner list wi ll
be extended until 5 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 so long as it does not impact the 120-day time limit set forth in Section 7.
Section 7. Appeal.
A. Scheduling an appeal of promotional bypasses with a Hearing Examiner, as set out
in Article 15 , will be subject to the same deadlines set out herein for disciplinary appeals.
B. Schedulin g an appeal of a proposed demotion with a Hearing Examiner wi ll be
subject to the same deadlines set out herein for disciplinary appeals, except the app lic ab le
deadlines wi ll begin to run on the date the Civi l Service Commission finds that there is probable
cause for the demotion.
C. Right to Appeal to the Civi l Service Commission or Hearing Exan1iner.
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 suspens ion 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.
D. Time for Ap p eal to a Hearing Examiner.
If an Officer appeals to a Hearing Examiner and a Hearing Examiner has been designated , the
Civi l Serv ice Director or de signee shall contact the Hearing Examiner for availab le dates for the
hearing , which shall be schedul ed to begin within 120 calendar days of the filing of the notice of
appeal. If the Hearing Examiner does not have avai labl e dates within 120-day time period , the
parties wi ll have 3 business days to se lect another Hearing Examiner. Within 5 business days of
receiving available dates for the hearing from the Hearing Examiner, the parties must agree on a
date for the hearing. If the parties cannot ~gree or fail to do so in the required time , the Hearing
Examiner shall unilaterally set the date for the hearing , which shall begin no more than 120
calendar days after the filing of the notice of appeal. In schedu lin g appeals , the parties wi ll give
31
pnonty to matters as follows : (1) indefinite suspens10ns ; (2) promotional bypasses; and (3)
suspensions for a definite period.
E. Exception to the time for an appeal to a Hearing Examiner.
If an Officer appeals discipline that was issued for conduct that is also the subject of a criminal
investigation or criminal prosecution, including proceedings before the grand jury , the Officer may
request to delay the hearing beyond the 120-day time limit required by Section 7(8). If the Officer
chooses to delay the hearing, the parties need not select a Hearing Examiner until after the criminal
case has ended.
For an Officer who has criminal charges pending on the day a definite or indefinite suspension is
imposed , if the Officer chooses to abate the hearing on the suspension appeal because of the
pending criminal charges , the Officer must choose to abate the appeal of the suspension at the
same time that the Officer files his appeal of the suspension. If criminal charges are filed against
the Officer after the Officer files an appeal, the Officer must inform the City and Civil Service
Director, or designee , of the Officer 's intention to abate the suspension appeal , within 5 business
days after the Officer learns of the criminal charges .
F. Cancellation or Postponement of Hearing.
If a hearing date is cancelled or postponed at the request of one party , that party shall pay whatever
cancellation fees are charged by the Hearing Examiner for the cancellation or postponement. In no
event shall a hearing be postponed at the request of the same party more than once , nor shall a
hearing be delayed at the request of any party for more than 60 calendar days after the expiration
of the initial 120 calendar day time limit unless delayed under Section 7(E). If a hearing date is
cancelled or postponed by agreement of the parties , the parties shall each pay 1/2 of the cost of the
cancellation fee charged by the Hearing Examiner for the cancellation or postponement. If there is
a settlement of the appeal, it shall be deemed an agreement of the parties to cancel the hearing . No
hearing for an indefinite suspension shall be held more than 180 calendar days after the fi ling of a
notice of appeal unless delayed under Section 7 (E). If the hearing is postponed at the request of
the Officer, for up to 60 calendar days after the expiration of the initial 120 calendar day time
period , any back pay awarded to the Officer will be reduced by the number of days of the delay
between the original hearing date and the date the hearing actually begins.
Postponed hearings shall be rescheduled within the time for the appeal, if feasible , but shall not be
scheduled later than 60 calendar days after the time for appeal deadline. If the parties are unable
to reach an agreement on the new hearing date in the required time frame, the Hearing Examiner
shall unilaterally set the date for the hearing, which shall begin no later than 60 calendar days after
the required time frame .
In the event the hearing examiner does not have availability during the required time frame , the
parties shall agree on another hearing examiner. In the event the parties cannot agree on Hearing
Examiner, the Civil Service Director or his or her designee shall select the first Hearing Examiner
on the list.
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G. Remote Hearings in Limited Circumstances.
The Parties may mutually agree to conduct a hybrid hearing wherein some parties are in-person
and some parties are remote , including but not limited to the Hearing Examiner, but a hybrid
hearing can only involve pre-hearing matters , such as motions and discovery issues , or when the
Hearing Examiner is requested to approve an order confirming an agreed settlement of the appeal.
Section 8. Settlement Agreements.
TLGC Section 143.088 Unlawful Resignation or Retirement is preempted to allow for an Officer
as a part of a settlement agreement to resign and receive backpay or other thing of value.
Section 9. Reinstatement and Back-Pay.
The City's Policy entitled "Reinstatement and Back-Pay Advisory " that is in effect on the
effective date of this Agreement can be amended by the City at any time , if the City provides to
the Association notice of what changes will be made 30 calendar days before any such changes
become effective. After a successful appeal of an indefinite suspension, the Officer shall submit
proof of his or her interim earnings to the City within 30 calendar days ofreinstatement. The City
shall provide the Officer with his or her projected backpay calculations, and projected restored
leave amounts , based on the City 's Reinstatement and Back Pay Advisory then in effect , within
60 calendar days after receipt of proof of the Officer 's interim earnings. If the Officer does not
agree with the projected back pay or leave, the Officer will have 10 calendar days to identify what
is disputed. After that, the City's Human Resources department will schedule a meeting with the
employee to occur within 30 calendar days to attempt to resolve the disagreement. If after that
meeting , there is still a disagreement on back pay or leave amounts , that dispute may be presented
to the Hearing Examiner or the Commission for determination, at the Officer 's election .
Section 10. 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 and Texas Government Code Sections 614.021 , 614.022 and 614.023. The
following subsections of TLGC 143.312 are specifically and wholly preempted: 143.312(b)(l),
143 ,312(b)(2), 143.312(b)(5), 143.312(d), 143.312(e), 143.312(f), 143 .312(g), and 143,312G).
33
ARTICLES
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.
34
It is the intent of the Parties to attempt to resolve Disputes over the application, 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 Chiefs 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 Chiefs designee . The Chief or the
Chiefs designee shall have thirty (30) Calendar Days to act on the Dispute and render a decision
in writing . The Chiefs 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 Chiefs 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 m Step 3 (above), the City and the
35
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
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 ten (10) 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 and all exhibits expected to be used at the hearing on or
before ten (10) Calendar Days prior to 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 or any exhibit the Party failed to exchange with the opposing Party. 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
36
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),
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.
The parties agree that any arbitration hearing , or conference with the arbitrator concerning
preliminary matters such as document requests or motions , under this Article may be conducted ,
by mutual agreement, as a hybrid hearing , wherein some participants are in-person at the
arbitration hearing , and other participants , including the arbitrator and witnesses , appear at the
arbitration remotely , through an online platform , such as Zoom or Teams .
37
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, commanders, 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 Chiefs
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 Chiefs 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. Nothing herein prevents the discussion of the health and safety of
Officers' equipment, vehicles and facilities.
38
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. Appendix C includes the elimination of Step 9 from the prior
structured pay plan , so that the total number of Steps in the structured pay plan is 10 , rather than
11 , as in the structured pay plans in prior Meet and Confer Agreements . Elimination of Step 9 will
be effective as of the first full pay period after October 1, 2024.
Effective the first full pay period after October 1, 2024 all Officers shall receive the following
raises for Fiscal Year 2025:
• For Officers in Steps 1-4 , on October 1, 2024 -12 %
• For Officers in Steps 5-8 on October 1, 2024 -10%
• For Officers in Steps 9-10 on October 1, 2024 -5%
Effective the first full pay period after January 1, 2026 all Officers shall receive the following
raises for Fiscal Year 2026:
• For Officers in Steps 1-8 on January 1, 2026 -3 %
• For Officers in Steps 9-10 on January 1, 2026 -4%
Effective the first full pay period after January 1, 2027 all Officers shall receive the following
raises for Fiscal Year 2027:
• For Officers in Steps 1-8 on January 1, 2027 -3%
• For Officers in Steps 9-10 on January 1, 2027 -5%
Effective the first full pay period after January 1, 2028 all Officers shall receive the following
raises for Fiscal Year 2028:
• For Officers in Steps 1-8 on January 1, 2028 -3%
• For Officers in Steps 9-10 on January 1, 2028 -5%
Section 2 . Education Incentive and Certificate Incentive Pays.
All Officers shall be paid for the highest degree and the highest certificate pay as outlined below :
Educational Monthly Certificate Month ly
Incentive Pay Incentive Pay
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Associate degree or $60 .00 Intermediate $30.00
60 accredited Certificate
college hours
Bachelor 's degree $180.00 Advanced Certificate $60.00
Master 's degree $240.00 Master Peace Officer $240.00
Certificate
Doctorate degree or $300 .00
higher
Section 3. Acting Pay.
For only the situations identified below, Officers temporarily assigned to work in a classification
higher than the Officer 's civil service classification will be paid acting pay in an amount that is the
base pay for the higher classification, or 5% increase , in the Officer's current step pay , whichever
is greater. Such Officer will also continue to receive the Officer's applicable longevity pay ,
educational incentive pay and certification pay. While the Officer is serving in an acting capacity,
the Officer 's assignment pay may be discontinued if the acting duties no longer qualify the Officer
for the assignment pay. Acting pay will be calculated by this section only for the following
situations:
A. An Officer temporarily filling the position of Corporal/Detective ;
B. A Corporal/Detective temporarily filling the position of Sergeant;
C. A Sergeant temporarily filling the position of Lieutenant; or
D. A Lieutenant temporarily filling the position of Captain.
All other pay will be paid according to TLGC Chapter 143 . Acting pay will never be paid at a step
rate above the base pay for the higher classification. TLGC Section 143.038(8) is specifically
preempted for the situations identified in this section.
40
ARTICLE 11
HIRING FOR BEGINNING POSITIONS IN THE FORT
WORTH POLICE DEPARTMENT
Section 1. The entry-level hiring procedures and Minimum Standards li sted 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-leve l 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 wi ll apply to the extent such
provisions are not modified or superseded by the provisions of this Agreement.
Section 3. All entry -l eve l 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 sup ersed in g 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, usin g 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. E li gibility to become a police officer will be determined by a candidate 's ability
to meet the minimum standards estab lished in the Local Rules. Candidates must meet all
minimum standards and requirements to be eli gib le for future licensing by the Texas Commission
on Law Enforcement. A candidate must be 20 years of age and cannot yet be 5 1 years of age
on the date of the entry-level test required of that candidate.
Section 6. The se le ction 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 Chiefs
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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. Unless modified in writing by mutual agreement of the Association and the City
as an interpretation or clarification of this Article , as allowed in Article 25, Sec. 2 of this
Agreement, 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 a written cognitive
test intended and designed to measure the candidate's 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 ensure 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 li st. 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)
Bachelor 's degree (or higher degree) 5 points
Graduate of the Fort Worth Police Department's
Cadet Program
2 points
Additional points will be awarded only for the highest educational degree. Example: A candidate
with a Bachelor's degree and a Master's degree will receive additional points for the Master 's
degree only. All degrees must be from an accredited college or university to be eligible for
additional points. Five (5) points is the maximum cumulative number of additional points which
shall be added to a candidate's passing test score . The City's Human Resources Department will
verify the accuracy of each candidate's degree before the eligibility list is created and award the
points for a degree only if the degree is verified as accurate.
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
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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 8. 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 perfom1ance 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 allow ~d 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 Chiefs 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
resolved by the Chief or the Chiefs designee shall be referred to the Commission for a decision.
Any disagreement on the rejection of a candidate between the Chief or the Chiefs designee and
the Commission will be resolved by the City Manager , or designee. The parties agree that the
information gathered or provided as part of any background check, and the applicant's polygraph
examination results will be considered confidential fo_r the purpose of the City's response to any
Public Information Act request or subpoena requesting such items.
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 Chiefs designee, allow the candidate(s) to be by-passed and candidate(s) lower on
the list , or from another eligibility list , to be hired.
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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 .
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.
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 ofreappointment.
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
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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.
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 either be actively employed
or have been employed in the last 180 calendar days in good standing as the
following:
(1) be actively employed as a full-time paid police officer with a
municipal, county , state, federal , or military law enforcement agency ,
provided that:
(a) the agency has at least 30 sworn (or equivalent) police
officers;
(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) By the date listed on the application, each LEO applicant must:
( a) have a total of 2 years of active patrol experience with
handling a full array of police work (i .e., respond to all types of
calls for law enforcement services); and
(b) have not reached their 51 st birthday to be hired as a LEO .
(3) have obtained a high school diploma, or a GED.
(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
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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 li st.
(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.
(E) The Chief or designee 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 and /or complete additional training as
needed up to a full curriculum/BPOC .
The Chief or designee may determine that a LEO should complete additional training , up to and
including the full training academy curriculum. LEO trainees will be paid in accordance with
section 13(i) below during their training.
(F) All applicants will serve a probationary period from the dat e 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.
(G) Each 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 4 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.
(H) 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 se rvice protection, subject to successfully
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completing probation.
(I) 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.
(J) The Modified Hiring Process described by this Article may be used by the Chief
to commission up to 100 applicants for lateral hiring from other applicable Law Enforcement
Agencies each fiscal year , and each fiscal year, after hiring 100 such Officers , additional laterals
may be hired on a one-to-one basis with applicants hired to attend the regular police academy.
(K) LEOs hired under the Lateral Modified program will be eligible to take the
promotional examination for promotion to corporal/detective 2 years from their commission date
with the City of Fort Worth. After the promotion to corporal /detective , LEOs will then follow the
promotional scale for all other promotions under Article 15 , Section 6 and 7.
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 th e Fair Labor Standards Act ("FLSA"), 29 U.S .C. § 207(0), 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 work week.
b)
c)
Section 2.
(a)
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 memb er 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.
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 .
Special Event Staffing. '
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) "S ignificant schedule change" or "s chedule 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
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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.
(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 Chiefs 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 21 calendar
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.
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(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
(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 an y 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. Preem ption.
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.
so
Section 1. Seniority Defined.
ARTICLE 13
SENIORITY
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 purpos e 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 police 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-pass ed 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. Officers may not assert their seniority to bump other Officers from their days off,
holidays, or vacations that have already been set.
E.
F.
Section 2.
The Chief may make assignments based upon hardship or other special needs.
Assignments of the Chief are not subject to challenge or grievance.
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.
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.
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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 li st.
Section 4. Purposes for which Seniority can be Asserted.
Officers in the rank of li eutenant 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 a vo luntary resignation will be calculated based on the additional time from the
original commission date and the reappointed date. For example, an Officer who has an original
commission date of 01.09.2013 , resigns with a 04.01.2025 effective date and is then reappointed
with a 12.01.2025 effective date, would have a break of service equaling 244 days. The adjusted
commission date wou ld be calculated by adding the break in service days of 244 to the original
commission date of 01.09.2013; making the adjusted commission/seniority date 09.10.2013. For
asserting a promotional or seniority preference an Officer's seniority will be based on the adjusted
commission date.
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 Rul e, including Rule 11.07, and TLGC Chapters 141 , 142 and 143, including but not
limited to Section 141.032.
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Section 1.
ARTICLE 14
PHYSICAL FITNESS PRO GRAM
App li cability .
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 . Princ iples 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:
Section 3 .
(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.
(5) A representative of the Association will be included as a member of any
committee that is tasked with recommending changes to the components or
requirements of the Physical Assessment test that is utilized under this
Article to determine the standard for an Officer's physical fitness .
P hysica l Fitness Tra iner.
The City shall designate a physical fitness trainer on a full-time basis to assist Officers to reach
program fitness levels.
Section 4 . Physica l 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 calendar year and payable when the Officer meets the
applicable annual physical fitness standard . The Training Academy will conduct physical fitness
assessments from October to August and submit a list of Officers eligible for the physical fitness
5 3
incentive payment at th e end of each month . Payout will be made by the end of the following
month. No Officer shall be eligible for more than one $1 ,000.00 physic al fitness incentive
payment per calendar year. To be eligible to receive the payment provided for in this Article , an
eligible Officer must be employed by the City on the date the payment is scheduled to be made.
B. Officers and Reappointed Officers Hired on or After October 1, 2009: These
Officers and Reappointed Officers shall be required to meet the mandatory ph ysical 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
established in accordance with the criteria in this Article shall be paid a physical fitness incentive
of $1 ,000.00 per calendar year and payable when the Officer meets the applicable annual
physical fitness standard. The Training Academy will conduct physical fitne ss assessments from
October to August and submit a list of Officers eligible for the physical fitness incentive
payment at the end of each month. Payout will be made by the end of the following month. No
Officer shall be eligible for more than one $1 ,000.00 physical fitness incentive payment per
calendar year. To be eligible to receive the payment provided for in this Article , an eligible
Officer must be employed by the City on the date the payment is scheduled to be made.
Section 5. Officers on Medical Leave or Light Duty.
An Officer who is (1) off work on approved leave (including FMLA , Line-of-Duty leave , sick
leave , ADA leave), because of the Officer's own medical condition , or (2) working in a light-duty
or limited-duty assignment , whether considered mandatory or voluntary , as set out in Section 1,
above , is not eligible to participate in the assessment of whether their physical fitness meets the
physical fitness standard set out in this Article , and is not eligible to receive the $1000 physical
fitness incentive payment, if participating in the physical fitness assessment would require the
Officer to engage in a physical act that is inconsistent with the Officer 's medical restrictions on
which the approved leave , light-duty or limited-duty assignment is based. If the Officer provides
a signed release from the Officer 's medical provider certifying that the assessment activity is not
inconsistent with the Officer 's medical restrictions , the Officer will be allowed to participate in the
assessment. If, by the end of the calendar year , such Officer is no longer on approved leave or in
a light-duty or limited-duty assignment, the Officer may then participate in the assessment and
receive the $1000 physical fitness incentive payment, if the Officer meets the physical fitness
standard applicable at that time.
Section 6.
2009.
Enforcement of Mandatory Standards for Officers Employed After October 1,
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
54
feasible , a physical fitness assessment shall occur at twelve (12) month intervals.
Section 7.
2009.
Deferments of Mandatory Standards for Officers Employed After October 1,
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 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.
2009.
Appeal of Mandatory Standards for Officers Employed After October 1,
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 ofTLGC 143.081 shall not apply to this appeal
55
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 ofTLGC, 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 14 3. 081.
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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 demoti9n. 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.
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C. The Chief may provide by policy for chain-of-command coverage for Deputy
Chiefs and their subordinates.
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 pos1t10n 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. All promotions to the rank of Commander shall be exempt from competitive
examination and instead shall be made by discretionary appointment of the Chief. The Chief will
not be required to make promotions to the rank of Commander within any specific time period.
B . 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.
C. 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 pos1t10n 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
58
supervised by a Commander is ordered to serve in th e higher rank of Commander, that Captain
is entitled to the Captain 's hourl y rate of p ay plus a 5% increa se for the hours worked as a
Commander.
Section 5. Additional Requirements.
A. The dep artment will have three appointed ranks below th at of Chief. They are,
in rank order, refe rred to in thi s Agreement as Assistant Chief, Dep uty Chief and Commander,
respectfully. Organizationally , the rank of Assistant Chief is immediately below that of Chief,
and Deputy Chief is imm ediatel y below th e rank of Assistant Chief and immediately above the
rank of Commander. The rank of Commander is immediately below the rank of Deputy Chief
and immediatel y 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 Counci l 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 Chief's 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 purpo se 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 po sition , 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 th eir prior lower teste d classification from the date he
or she was initiall y 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
eligib ility 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 as many positions in the rank of Commander as necessary
to assign one Commander to each patrol di vision. Any new appointments to the rank of
Commander will be subject to prior approval of any new patrol divisions and necessary staffing
59
by the City Council.
F. Requirem ents after Appointment to Assistant Chief, Deputy Chief or Commander
1. Officers appointed to Assistant Chief, Deputy Chief or Commander shall be
required to obtain a Bachelor 's Degree from an accredited college or univ ers ity within thirty-
six (36) months after appointment. Officers who have already satisfied this requirement shall
present proof of completion to the Chief or designee Officers who fail to pro vid e proof to the
Chief or designee within the specified time period shall be un-appointed and will return to their
previous civil service rank and seniority. Offic ers appointed to the rank of Ass istant Chief,
Deputy Chief or Commander prior to October 1, 2020 shall be grandfathered and exe mpt for the
educational requirement so long as they remain in that same appointed rank. However, any such
"grandfathered " Officer who is returned to , or appointed to , a rank with an educational
requirement will be required to comply with that applicable educational requirement.
2. If the Officer fails to complete the mandatory college requirements within the
prescribed time period after appointment, or return to a rank with an educational requirement , the
Officer will be allowed to appeal the un-appointment to the Chief only if exigent circumstances
or an emergency situation occurred which prevented the Officer from completing the
requirement s. The Chief has th e discretion to allow more tim e to fulfill the requir ements ;
however, the requirements will not be waived. The Chiefs decision on th e issue is final, not
appealable and not grievable.
3. If an Officer is appointed to a higher rank before completing the educational
requirements for the previou s appointed rank , the time requirements rem ain in effect for
completion of the appropriate educational requirements for that previous appointed rank.
Section 6.
A.
Promotion to Corporal/Detective, Sergeant and Lieutenant.
E ligibility 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 3 continuous years immedi ately before the date the promotional 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 2
continuous years immediately before the date the promotional eligibility
examination is held .
60
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 10 business days , excluding weekends and holidays , before the
date and time of the written exan1ination 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. One (1) additional point will be
added to a passing final promotional examination score for Corporal /Detective , for prior military
service , as indicated in Chart 1, below. To receive the additional point , the Officer must provide a
true and correct copy of a DD 214 which shows an honorable discharge , at least twenty-four (24)
hours prior to the date and time of the promotional examination.
Chart 1:
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 tank immediately below
below corporal /detective =up to below sergeant = up to 10 lieutenant = up to 10
10
61
60 semester ( or equivalent) 60 semester ( or equivalent)
college hours / Associate Degree college hours / Associate De gree
I= 1 = 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
Tota l Maxim um Points Tota l Maxim um Points Tota l Maximum Points
A ll owed= 13 A ll owed= 13 A ll owed= 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
fu lfill 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.
A.
P romotion to Captai n.
Eligibility for Promotion.
1. 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 2 continuous years immediately before the date the promotional
62
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 position s 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 credit s and degrees must be from an
accredited college or university.
Chart 2:
Ca ptai n Exam in ation
Additional Points Written Examination Assessment Center Points
Po ints
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
Tota l Maxim um Po ints Tota l Maximum Po ints Tota l Maxim um Points
A ll owed= 13 All owed = 100 Allowed = 100
* The maximum number of 12oints an a1212licant can receive is 213 (if an assessment
is included).
2. A study list 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 1 0 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 have 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
63
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 rank 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 sha ll 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;
c. Shall not be related within the second degree to any candidate for
64
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
f. 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 .
5. The consultant will utilize , as appropriate, the following type s 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.
6. 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 .
1. Provide guidance or conduct any other administrative function deemed
65
necessary to insure the fairness or efficiency of the assessment process.
7. The nwnber 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 nwnber 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 nwnber 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.
8. 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 hwnan 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.
9. 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.
10. 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
66
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 .2 8 -11.33. If the promotional process 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 calendar 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, 2025 and has forty-eight (48) months , that is ,
until January 1, 2029, to complete sixty (60) hours of college credits or achieve an Associate's
degree. If the Officer is promoted to Captain on January 1, 2028 without achieving the college
hours or the degree , the Officer will have until January 1, 2029 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.
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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
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 eli gibility list. Such an appeal will be subject to
the applicable provisions in Article 7 , Section 6.
Section 9. Promotional Examination Appeals.
On request , a promotional candidate will be a llowed to review his or her promotional examination
and the correct answers , source material and examination grading. For the rank of Captain, this
review can include the written and assessment examinations. The examination may be reviewed
by an Officer only once. The review and appeal period shall begin the first business day after the
date of the examination. All appeals must be filed no later than 5 business days after the date of
the examination. A candidate may appeal one or more examination questions by stating in writing
why the graded correct answer is incorrect or another answer is clearly more correct than the
graded correct answer.
A candidate 's appeal of a promotional examination question or questions will be submitted by
the Human Resources Department without the names of the appealing promotional candidate or
candidates , to a Review Board composed of three Officers at the rank of Captain appointed by
the Association. The three Officers appointed by the Association to serve on the Review Board
must have no conflict of interest in participating as a Review Board member.
The Review Board will review each appealed promotional question and make a written
recommendation by majority vote as to the validity of the appeal and appropriate remedy. If the
Review Board and Human Resources Department are in agreement as to the validity of the appeal
and appropriate remedy , their decision shall be final and binding . The Commission shall review
all written recommendations and rule on all timely appeals of promotional exam ination questions
and remedies in which the Review Board and the Human Resources Department are in
disagreement. The Commission wi ll be provided with the promotional candidate 's appeal, the
recommendation of the Review Board and the justification for the correct answer by the Civil
Service Director or designee. The Commission will rule on the validity of the appeal based on
the documentation provided without oral argument. All promotional examination questions will
be graded with either one correct best answer , multiple correct answers or all answers graded
correct. The Commission 's decision on an appeal of a promotional examination question or
questions shall be final.
For any promotional examination that is given on or after the effective date of this Agreement,
the Association may waive the right to appoint a Review Board in writing to the Human
Resources Department at least thirty calendar days prior to the date of a promotional examination.
If the Association waives the right to appoint a Review Board, all promotional question appeals
shall be pursuant to TLGC Chapter 143.
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Section 10. 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 FROMMILITARY
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
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.
Section 6. Officers who are eligible for military leave pursuant to TLGC Section 143.072
shall be allowed to use up to 150-hours per calendar year.
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Section 1.
ARTICLE 17
NON-DISCRIMINATION
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' statu s, or di sability or handicap. An emp loyee who believes
that they have been discriminated against because of the emp loyee's race , co lor, national origin ,
religion or creed, age, sex or gender, sex ual orientation, mi litary status or veterans' status, or
disability or han dic ap retains all rights afforded to them under state and federa l laws; however ,
neither the emp loyee nor the Association can initiate a grievance under the Dispute Resolution
in Article 8 concerning such allegation s.
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 emp lo yee fro m exerc ising their right to join or support the Associat ion 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. Protected rights include
reporting su spected contract violations to the Association through the grievance procedure set out
in Article 8 of this Agreement. In any proceeding in which it is alleged that the City interfered with
an Officer 's Association rig hts, the Association wi ll have the burden to prove that the interference
occurre d and resulted in some tangible adverse action against the Officer or Association. Nothing
in this Arti cle affects the authority of the Department to impose discipline on an Officer for
v iolation of a civil serv ice rul e. An allegation of interference wi th an Officer's Association rights,
whether proven or not, wi ll not negate or affect any disciplinary action imposed or proposed
against an Officer.
Section 3. Association Duty of Fair Representation.
The Association recognizes its responsi bili ty as the so le and exclusive bargaining agent under
the ap plic able provisions of the TLGC and this Agreement an d agrees to represent all Officers
in a non-arbitrary and non-c apriciou s 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 co ll ective bargaining agent for Officers ;
or contribute financial support to any such emp lo yee organization.
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Section 1.
ARTICLE 18
MAINTENANCE OF STANDARDS
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 the effective date of this Agreement , 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.
If the City determines that , because of an overpayment, or other reason related to the Officer's job
duties, an Officer owes the City a sum of money (not including money owed to the City for other
reasons , for example, utility services , or traffic citations), the City will, with the Officer 's consent ,
consult with the Association and/or Officer, in an effort to reach an agreement regarding the mount
owed , the period of time within which it will be repaid , and the method ofrepayment.
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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Section 4. Pension Changes.
A. Nothing in this Article shall be interpreted to abrogate or supersede the provisions
of Chapter. 2.5, Art . I, Section 2 .5-1, et seq., of the City of Fort Worth Code (the Retirement
Ordinance), or Article 6243i of the Texas Revised Civil Statutes ("Article 6243i"), but this Article
does contractually require the City to provide certain advance notice to the Association , as
specifically provided for herein.
B. If the City decides that further changes need to be made, the City will provide 180
days' notice to the Association prior to taking any action that would reduce pension benefits for
Officers and during that 180 days, the City Manager will solicit input from affected employee
groups regarding such proposed changes.
C. In this article , the City has not bargained over pension benefits and has not included
pension benefits as a bargaining item by including this language in the M&C Agreement. Sections
1 and 2 of this Article will not apply to Officer pension benefits and related contributions. Any
dispute between the City and the Association , or any Officer , will be brought and resolved through
judicial action in a court of competent jurisdiction, and not under the grievance provisions in this
Agreement.
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Section 1. Holidays Identified.
ARTICLE 19
HOLIDAYS
As of the effective date of this Agreement, the City recognizes and provides paid time off for
th e following 9 holidays : New Year's Day, Martin Luther King Day , Memorial Day , June 19
(Juneteenth 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 Jul y), 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.
Section 3. Personal Holidays and Pay Upon Separation.
In addition to these paid holidays , Officers who have completed their initial probationary period
are given two (2) Personal Holidays 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.
Unused Personal Holiday time will not be paid upon separation.
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 be coded as non-
productive time to allow for the overtime credit under 29 CFR § 778 .2 00(b )(2) to be automatically
applied.
Section 5. Holiday Pay and Holiday Leave.
A. Officers who are not scheduled to work on a holiday.
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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 rec eive 8 hours of Holiday Leave , to be used at a later
date. In addition to Holiday Premium Pay , Officers who are not sch eduled 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 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, the y 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.
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. Day breaker.
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.
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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-
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 Officer's schedule.
"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 ofregular 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 ½ time premium component of Holiday Premium Pay.
Section 4. The City agrees to pay Officers assigned to the following currently ex1stmg
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. ATF
b . Dallas Violent Crimes
c. Financial Crimes
d. North Texas Joint Terrorism
e. North Texas Child Exploitation and Human Trafficking
f. Tarrant Regional Auto Crimes
g. U.S. Immigration and Customs Enforcement Homeland Security Investigations
h. USMS Northern District of Texas
1. USSS Cyber Fraud Task Force
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. BIA DNA CEBR Program Formula
b. BIA JAG Program Formula
c. Project Safe Neighborhood
d. COPS Hiring Program
e. First Responder Mental Health
f. Internet Crimes Against Children Grant
g. TXDOT STEP Commercial Motor Vehicles (CMV)c.) TXDOT STEP
Comprehensive (COMP)
h. Victims of Crime Act Grant
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1. Victim Coordinator and Liaison Grant
J. TXDOT Operation Slowdown
k. State-BIA JAG Program
Section 6. The parties agree that for grants, task forces, assignments, or other situations, not
specifically id entified 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 tenns 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 i s 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 OFFICERPOSITIONS
Section 1. General.
Notwithstanding any pro vis ion in thi s Agreement to the contrary (if any), an d without altering
any other provision of this Agreement, the City is authorized to civilianize positions , as se t 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 po sition will supervise or command sworn
civil service per so nnel in the areas allowed by this Agreement, or any areas in which civilian
positions are created in th e 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 Office rs employed by the City.
Section 2. Civilian personnel assigned as Crime Scene Specialists.
Non-sworn employees meeting the following Minimum Qualifications as set forth in Section 5
below can be assigned as Crime Scene Specialists.-:-
Section 3. Jail Staffing.
The parties agree that the City's current or prior practice of usin g 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 in Section 5 below
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.
Functions.
Minimum Qualifications for Civilian Personnel Performing Certain
Non-sworn employees must meet the Minimum Qualifications for each civilianized position
pursuant to thi s Article in the department in accordance with the qualifications outlined by
specific job classification.
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A. Civilian job classifications shall be developed in consultation with CFW HR and
PD HR to ensure all appropriate industry standards are met and to ensure competitive pay and
benefits. Positions may include multiple steps or classifications to meet the needs of the
department.
B. The Chief of Police or designee will approve all job qualifications and job
descriptions prior to the positions being posted. These qualifications may include education
requirements, job experience or combinations thereof, and in cooperation with HR, will be
appropriate to the job duties of the position.
Persons holding civilian positions created pursuant to the Article will not be considered to be
covered by civil service and are not covered by this Meet and Confer Agreement.
Section 6 . 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 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 Ed ucation Reimbursement program during the term of this
Agreeme nt. 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 A D PENSION BENEFITS
Section 1. Employee or Retiree Health Care.
In the event that the City negotiate s future provisions for health care or retiree health care with the
Fort Worth Professional Firefighter 's Association (not including provision s 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 discus sions 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 Confe r
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 di scussions . Any agreement between the Association and the City th at 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 , 201 2, the Association shall be entitled to reopen Meet and Confer discussions with the City
regarding any such asserted differences. The parties agree that those discu ssions 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.
82
ARTICLE24
OFF-DUTY EMPLOYMENT AT CITY-OWNED FACILITIES
The parties understand that 29 U.S.C. § 207(p)(l), 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.
83
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 prop erly within the province of bargaining for a Meet
and Confer agreement. This Agreement con stitutes 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 . Either party may propose an amendment to this Agreement at any time during the
duration of the Agreement, and both parties agree to meet and confer on the proposed amendment.
The Agreement may be amended by mutual agreement of the parties via either reopening the
Agreement or via an attached Memorandum of Understanding , after member ratification and City
Council approval.
Section 4 . 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 provi sion 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
84
ARTICLE 26
SA VIN GS 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 .
85
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 October 1, 2024 until the 30th day of September,
2028 , 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 , 2029.
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.
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.
86
ARTICLE 28
SPECIAL SICK LEA VE PROVISIONS
Section 1. Payment of Sick Leave on Separation.
a. Separation pay for accrued sick leave above the state-mandated 720 hours will
be paid only to Officers with at least five (5) years of actual service who separate in good standing.
An Officer shall not be considered to have separated in good standing if he /she is indefinitely
suspended or leaves the Department in lieu of termination.
b. The maximum accrued sick leave payable will be increased by 280 hours to 1000
hours , effective on October 1, 2020.
c. If, during the period of this agreement the Association and the City mutually
agree to develop a different leave benefit system , then both parties may reopen negotiations on
this Article exclusively.
Section 2. Preemption.
Officers shall be entitled to Special Sick Leave as provided in this Article and as provided and
defined by City of Fort Worth and FWPD policy and procedure as of October 1, 2020. In
accordance with the provision in TLGC Section 143 .045 , Accumulation and Payment of Sick
Leave , the Parties expressly agree that this Article shall preempt and supersede any inconsistent
provisions ofTLGC Section 143.045 , and inconsistent policies and procedures of the City of Fort
Worth and the Fort Worth Police Department. Such entitlements as provided for in this Article
shall not be changed or amended during the term of this Agreement.
87
ARTICLE 29
NOTICE
Except as otherwise provided herein, any notice , demand , request or other communication
hereunder given or made by eith er 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
100 Fort Worth Trail
Fort Worth, TX 76102
B. If to Association:
President
Fort Worth Police Officers Association
100 North Forest Park Blvd , Suite 200
Fort Worth , Texas 76102
88
WITNESS WHEREOF , THE PARTIES HAVE CAUSED THIS AGREEMENT TOBE
SIGNED BY THEIR DULY AUTHORIZED REPRES ENTATIVES ONTHE DATES
INDICATED BEL OW.
CITY OF FORT WOR
~-/-F---1d -Coo-ke ---"----· --
1
-t-a~-+--j_,, 2-/ Mathe Parker,~ / Date
City Manager
Assistant City Manager
Approved as to Form and Legality: Attested by:
~ ~{c-O{tv'ly
ChristopherA.Trtt Date
Sr. Asst. City Attorney
FORT WORTH POLICE OFFICERS ASSOCIATION
4/dL /jJ~t/
Lloyd o66k President Date
Fort Worth Police Officers Association
89
-
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
APPENDIX A
VO LUNT ARY 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
the followi ng Payroll Deduction(s):
□ begin □ discontinue
Employee Name: _______________________ _ Employee ID#:
LAST Name FIRST Name Middl e Initial
□ change
6-dig it Employee ID#
Employee Signature: ________________________ _ Date : ___________ _
Must have an original employee signature (no faxes, scanned documents, etc.) to process Payroll Deduction Request
Deduction Name
□ Association of Cit Em lo ees ACE
□ Black Fire Fi hter'sAssociation
□ Fort Worth Black Law Enforcement Officers Association
□ CLEAT (Combined Law Enforcement Assoc of Texas)* (see note below)
□ Fi reman 's Grou Relief
□ Fort Worth Fire Fi hter'sAssociation
□ Fort Worth Marshals Association (FWMAR)**(note) ________ _
□ General Em lo ee Association GECFW
□ His anic Leadershi Or anization
□ National Latino Law Enforcement Organ ization
□ Metro ol itan Life Sto DeductionOnl
□ North Texas Association of Public Em lo ees USW-NTAPE
□ Office & Professional Em lo ee International Union OPEIU
□ Poli ce Benevolent Fund
□ Police Officers Association (POA)
□ Texas Municipal Police Association*# (see note below)
□ United Ne ro Colle eFund
□ United Wa
□ YMCA
□ City of Fort Worth Parking Lot
RATE: TAX: ____ _
CIRCLE ONE : LOT GARAGE CONV .CNTR
Bi-Weekly $Amount Deduction Code
ASNCEE
BFFASC
BLPOA
CLEAT
FRGRRF
FRASCN
FTODPL
GECFW
HLO
LATPOA
METLIFE
NTXPEE
OPIEU
POLBEN
POLASN
TMPACN
UNNGCL
UNDWAY
YMCA
PKGLOTI PKGHSNI
PKGGRG I PKGSTX
/PKGCOM/
PWGWSH
*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 Fort Worth Marshals Association.
To Be Completed Date Received: Date Input: Input By :
by HR Records:
1
Emp loye Maximum
e Group Accrual Per
Year
(Hours)
Officer with 1
year of service 117
(14.6)
Officer with 5
years of 133 service
(16.6)
Officer with
10 years of 141 service
(17.6)
Officer with
15 years of 157 service
(19 .6)
Officer with
20 years of 181 service
(22.6)
APPENDIXB
VACATION LEAVE ACCRUALS CHART
OFFICER
Limits at the
Accrual Rate Maximum Beginn ing of
Per Pay Period Accumulation each Payro ll
(Hours) (Hours) 4X Year
(Hours)
3X
4.50 468 351
5.12 532 399
5.42 564 423
6.04 628 471
6.96 724 543
2
Max imum
Payment At
Termination
(Hours) 2X
240
272
288
320
368
APPENDIXC
Base
Key Title Pay
Step I
Base
Pay
X03 Police Officer 36.57
76 ,076
X04 Police Corporal
3 Years
X0 7 Police Sergeant
5 Years
X08 Po li ce Lie ut enant
7 Years
X09 Police Captain
9 Years
NOT ES
FY Effective Fi rst Pay Period afte r 10/1/2024:
FY : Effec tive First Pay Period afte r 1/1/2026:
FY Effective First Pay Period afte r 1/1/2027:
FY Effect ive Fi rst Pay Period afte r 1/1/2028 :
FY 2025 Police Pay Plan
1st Year 2nd Year 3rd Year 4th Year 6th Year 8th Year 10th Year 12th Year 14th Year
2 3 4 5 6 7 8 9 10
Base+l Base+2 Base+3 Base+4 Base+5 Base+6 Base+7 Base+8 Base+9
38.40 40.32 42 .33 43.65 44.74 45.86 4700 48 .28 50.78
79,866 83 ,869 88 ,053 90 ,799 93,06 2 95,385 97,767 100,43 0 10 5,632
3rd Year 4th Year 6th Year 8th Year 10th Year 12th Year 14th Year
4 5 6 7 8 9 IO
Bas e Pay Ba se+ I Base+2 Bas e+3 Base+4 Base+S Ba se+6
46.57 48 .19 49.39 50.63 51.89 53 .31 56.06
96 ,858 100,239 102,740 105 ,301 107,922 110 ,890 116,604
7th Year 8t h Ye ar 10th Year 12th Year 14 th Year
6 7 8 9 IO
Base Pa y Ba se+! Ba se+2 Base+3 Base+4
54.46 55 .82 57 .21 58.78 6 1.77
113,282 11 6,11 I I 19,000 122 ,261 128 ,48 6
10th Ye ar 12th Ye ar 14th Year
8 9 10
Base Pay Base+ I Base+2
63 04 64.77 68. IO
13 1,120 134 ,7 12 141 ,648
13th Year 14th Year
9 IO
Base Pa y Base+ I
71.43 75 07
14 8,584 156 ,145
Step 1-4 : 12%; Ste p 5-8: I 0%; Eliminate FY 24 Step 9; New Step 9 (FY24 Step IO); New Step IO (FY24 Step 11 ): 5%; Corporal Detective: new Step 4
Step 1-8: 3%: St ep 9-I 0: 4%
Step 1-8 : 3%; Ste p 9-1 O: 5%
Step 1-8: 3%: St ep 9-10:5%
Hourly Rates are shown round ed to the penny. Annual fi gures are based on the round ed hourly ra1es .
Source: HR Department PRINTED ON 9/3/2024
Source: HR Department
Key Title Bast Pay
Ste p 1
Base Pay
X03 Po li ce Officer 37.67
78 ,3 58
X04 Po li ce Corpora l
3 Years
X0 7 Polic e Sergea nt
5 Years
xos Po lice Lieute nant
7 Years
X09 Po li ce Captain
9 Years
NOTES
FY 2025 : Effect ive First Pay Period afte r 10/1 /2024 :
FY2026 Effective First Pay Period after 1/1 /2026 :
FY 2027: Effect ive First Pay Period afte r 1/1 /2027·
FY 2028 : Effec tive First Pay Perio d aft er 1/1/2028 :
FY 2 02 6 Police Pay P lan
1st Yea r 2nd Year 3rd Year 4th Year 6th Year 8 th Ye ar 10 th Ye ar 12th Yea r 14 th Yea r
2 3 4 5 6 7 8 9 10
B ase+l Base+2 Ba se+3 Base+4 Base+S Ba se+6 Base+7 Base+8 Base+9
39.55 4 1.53 43.60 44 .96 46 08 47 .23 48.4 1 50 .21 52 .82
82,262 86,385 90,694 93,523 95 ,854 98,246 100 ,700 104 ,447 109 ,857
3rd Year 4th Year 6th Year 8th Year 10th Year 12th Year 14 th Year
4 5 6 7 8 9 10
Base Pa y Base +I Base+2 Base+3 Base+4 Ba se+5 Base+6
47 .96 49 .6 4 50.88 52 .14 53.44 5545 58.30
99,764 103 ,246 105 ,822 108 ,460 111 ,160 115 ,326 12 1,268
7th Year 8th Yea r I 0th Yea r 12 th Year 14th Year
6 7 8 9 10
Base Pay Base+ I Base+2 Base+3 Ba se+4
56.10 57.50 58.93 6 1 13 64.24
11 6,681 119 ,595 122 ,570 12 7,15 1 133 ,626
10th Year
\
12th Ye ar 14th Year
8 9 10
Ba se Pay Base+! Base+2
64 .93 67.36 70.82
135 ,054 140,100 147 ,3 13
13th Year 14th Year
9 10
Base Pay Base+ I
74 .29 78 .07
154,527 162,391
Step 1-4 : 12%: Step 5-8: 10%: Eliminate FY 24 Step 9; Ne w Step 9 (FY24 Step 10); New Step 10 (FY24 Step 11); 5%: Co rporal Detect ive : new Step 4
Step 1-8 : 3%; Step 9-10: 4%
Step 1-8 : 3%; Step 9-10: 5%
St ep 1-8: 3%; Step 9-1 0:5%
Hourly Rates are sho wn rounded to th e penny. Annual fi gu res are based on the rounded hourl y rat es. PRINTED ON 9/3/2024
So urce : HR Department
Key T itle Base Pay
Ste p I
Base Pay
X03 Poli ce Office r 38 .80
80 ,709
X04 Polic e C orporal
3 Years
X07 Police Se rgea nt
5 Yea rs
X08 Polic e Lie utena nt
7 Yea rs
X09 Po lice Captain
9 Yea r s
NOTES
FY 202 5: Effective First Pay Period after 10/1/2024 :
FY 202 6 Effective First Pay Period after 1/1/2026 :
FY 202 7: Effecti ve First Pay Period after 1/1 /2027:
FY 202 8: Effecti ve First Pa y Period after 1/1/2028 :
FY 2027 Poli ce Pay P lan
1st Yea r 2 nd Yea r 3rd Yea r 4th Year 6th Yea r 8t h Year 10th Yea r 12th Year 14th Yea r
2 3 4 5 6 7 8 9 10
Base+l Base+2 Base+3 Base+4 Base+S Base+6 Base+7 Base+8 Base+9
40 .74 42 .78 44 .9 1 46.31 47.47 4 8.65 49 .87 52 .73 55.46
84 ,730 88,976 93 ,4 15 96,328 98 ,729 10 1,194 103 ,721 109 ,669 11 5,350
3 rd Yea r 4th Ye ar 6t h Yea r 8th Yea r 10th Yea r 12th Year 14th Yea r
4 5 6 7 8 9 J O
Base+4
Base Pay Base +I Base+2 Ba se+3 Base+S Basc+6
49.40 51 .13 52.40 53 .71 55.05 58.22 61.22
I 02,757 106,343 108 ,997 111,714 114 ,494 121 ,092 127 ,332
7th Yea r 8th Yea r 10th Yea r 12th Yea r 14th Yea r
6 7 8 9 JO
Base Pa y Base+l Base+2 Base+3 Base+4
57 .78 59 .22 60.7 0 64. 19 67.46
120 ,18 1 123 ,183 126 ,247 133 ,509 140,307
10th Yea r 12th Year 14 t h Yea r
8 9 10
Base Pay Base+I Ba se+2
66 .88 70 .72 74.36
139 ,106 147 ,105 154 ,679
13 th Yea r 14t h Yea r
9 10
Base Pay Base+]
78 .01 8 1.98
162,253 170 ,510
Step 1-4 : 12%; Step 5-8: I 0%; Elim inate FY 24 Step 9; New St ep 9 (FY24 St ep IO}: New St ep IO (FY24 St ep 11 ): 5%; Corpora l Detective : new St ep 4
Step 1-8: 3%; Step 9-10: 4%
Step 1-8 : 3%; Step 9-10: 5%
Step 1-8: 3%; Step 9-1 0:5%
Ho url y Rat es are shown ro und ed to th e penn y. Annual fig ures are based o n th e ro und ed hourl y rates . PRINTED ON 9/3/2024
Key Title Base Pay
Step I
Base Pay
X03 Police Offi ce r 39 .97
83,130
X04 Po lice Co rpora l
3 Years
X07 Po lice Sergeant
S Yea rs
X08 Police Lieutenant
7 Years
X09 Po lice C aptain
9 Years
NOTES
FY 2025 : Effective First Pay Period after 10/1/2024 :
FY2026 Effec tive First Pay Period after 1/1 /2026:
FY 2027 : Effective First Pay Period afier 1/1/2027:
FY 2028 : Effective First Pay Period after 1/1 /2028 :
FY 2 0 2 8 Polic e Pay Plan
1st Year 2nd Year 3rd Year 4th Year f>th Yea r 8th Yea r 10th Year 12th Year 14th Year
2 3 4 5 6 7 8 9 IO
Base+) Base+2 Base+3 Base+4 Base+s Base+6 Base+7 Base+S Base+9
4 1.96 44 .0 6 46 .26 47.70 48 .89 50. I I 51.36 55.36 58 .23
87 ,272 9 1,645 96 ,2 18 99,2 18 10 1,69 1 104,229 106,833 11 5,153 121,11 7
3rd Yea r 4th Year 6th Year 8th Yea r 10th Year 12th Yea r 14th Yea r
4 5 6 7 8 9 10
Base Pay Base+ I Base+2 Base+3 Base+4 Base+5 Base+6
50 .88 52 .6 6 53 .97 55 .32 56.70 61.13 64 .28
105,840 109,534 112 ,267 115 ,066 117 ,929 127,147 I 33 ,698
7th Year 8th Yea r 10th Yea r 12th Year 14th Yea r
6 7 8 9 10
Base Pay Base+ I Bas e+2 Base+3 Bas e+4
59 .51 61.00 62.52 67.40 70.83
123 ,787 126 ,878 130 ,035 140,184 147 ,322
10th Year 12 th Yea r 14t h Yea r
8 9 10
Base Pay Base+ I Base+2
68.88 74 .26 78.08
143 ,279 154 ,460 162 ,4 13
13th Year 14th Year
9 10
Base Pav Base+ I
8 1.91 86 .0 7
170,366 179 ,036
Step 1-4 : 12%: Step S-8 : 10%; Eliminate FY 24 Step 9; ew Step 9 (FY24 Step IO); New Step 10 (FY24 Step 11 ); 5%; Corporal Det ec tive : new Step 4
Step 1-8: 3%: tep 9-10: 4%
Step 1-8 : 3%; Step 9-10: 5%
Step 1-8: 3%: Step 9-10:5%
Hourly Rat es are shown rounded to the penny. Annual figures are based on t he rounded hourly ra1es.
Source : HR Department PRINTED ON 9/3/2024
APPENDIXD
Holiday Pay Examples
Productive time = time that is included in the total number of hour s worked by an Officer in a
work week, for the purpo se of calculating an Officer's eligibility for overtime in a work week.
Includes : Regular (REG), Holiday (HOL), Accrued Holiday Used (HLA), Pe rsonal 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 ½ times
3. RDO = Reg ular Day Off
4. Payroll Week = Saturday -Friday
5. Day Breaker = Shift that crosses two calendar days
6. Total including ½ time conversion = the total hou rs for which an Officer will be paid
after being credited with ½ time premium s for overtime and holidays.
7. Holiday Premium Pay = Holiday Overtime on the pay st ub
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 .
97
APPENDIXD
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 ½ times
3. RDO = Regular Day Off
4. Payroll Week = Saturday -Friday
5. Day Breaker= Shift that crosses two calendar days
6. Total including ½ time conversion = the total hours for which an Officer will be paid
after being credited with ½ 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 E arn) 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.
97
SECTION 1 -Officers Who Are NOT Scheduled to Work on a Holiday
Examp le 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 w Th F Total
Holiday
Hours Worked 8 RDO RDO 8 12 8 8 44
Total
including ½
conversion
Ret?ular Earninf?S 8 8 12 8 4 40
Holiday Premium (1 ½) 0
Paid Holiday 0
Overtime (1 ½) 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 ½ 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 ½
conversion
Ret?ular Earninf(s 8 8 8 8 4 36
Holiday Premium (1 ½) 4 (6) 6
Paid Holidav 4 4
Overtime (1 ½) 4 6
(6)
Sub-Total Paid 8 0 10 8 8 8 10 52
Accrued Holiday Accrual Earned 4 4
98
Total Compensation (Paid and
Accrued
8 0 14 8 8 8 56
Examp le 3: Schedu le 0600 -1400 hours Tuesday -Saturday (8-hour sh ift in one calendar
day)
Officer is not scheduled to work but works a portion of a shift on th e Holiday . In addition to Holiday
Premium Pay that is paid at 1 ½ tim es, th e Officer choo ses to accrue a whole holid ay.
I
Sa Su M-T w Th F Total
Hol id ay
Hours Worked 8 RDO RDO/4 8 8 8 8 44
Total
including ½
conversion
R e~ular Earnin~s 8 8 8 8 8 40
Holiday Premium (1 ½) 4 (6) 6
Paid Holiday 0
Overtime (1 ½) 0
Sub-Total Paid 8 6 8 8 8 8 46
Accrued Holiday Accrual E arned 8 8
Total Compensation (Paid and 8 14 8 8 8 8 54
Accrued)
Examp le 4: Sched ul e 0600 -1600 hours Tuesday -Fr id ay (10-hour shift in one calendar
day)
Officer is not scheduled and does not work on the Ho lid ay .
I
Sa Su M-T w Th F Total
Ho lid ay
Hours Worked RDO RDO RDO 10 14 10 10 44
Tota l
inc luding
½
conversion
Regular Earnings 10 14 10 6 40
Paid Holiday Premium (1 ½) 0
Holiday 0
Overtime ( 1 ½) 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)
99
Examp le 5: Schedule 0600 -1600 hours Tuesday -Friday (10-hour shift in one calendar
day)
Officer is not sc hedu led to work but works a portion of a shift on the Holiday . ln addition to Holiday
Premium Pay that is paid at I ½ 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
½
conversion
Ref(ular Earnings 10 10 10 6 36
Holiday Premium (1 ½) 4 (6) 6
Paid Holiday 4 ' 4
Overtime (1 ½) 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 schedu led to work but works a portion of a shi ft on the Holiday. In addition to Holiday
Premium Pay that is paid at I ½ times , the Officer chooses to accrue the who le holiday
Sa Su M-T w Th F Total
Holiday
Hours Worked l DO RDO RDO/4 10 10 10 10 44
Total
including
½
conversion
Regular Earnings 10 10 10 10 40
Holiday Premium (1 ½) 4 (6) 6
Paid Holiday 0
Overtime (1 ½) 0
Sub-Total Paid 6 10 10 10 10 46
Accrued Ho liday Accrual Earned 8 8
Total Compensation (Paid and 14 10 10 10 10 54
Accrued)
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Example 7: Schedule 2000 -0600 hours Tuesday -Friday (10-hour Day Breaker shift)
Officer is not sc hedul ed and do es not work on the Holiday .
Sa Su M-T w Th F Total
Holiday
Hours W orked 6 RDO RDO 4 10 14 10 44
Total
includin g ½
conversion
Ref(ular Earninf(s 6 4 10 14 6 40
Holiday Premium (1 ½) 0
Paid Holiday 0
Ov ertime (1 ½) 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 sc hed ul ed to work and does work on a ho liday . The Officer 's tot a l hours worked during the
week, in c ludin g the hour s worke d on the holiday, is 44 hours. In add itio n to Holiday Pre mium Pay that is
pa id at 1 ½ times , the Officer chooses t o be pa id Holiday Pay rather than accruing a ho lid ay .
M-T w Th F Total
Holiday
Hours Worked 8 8 12 8 8 44
Total including½
conversion
Ref(ular Earninf(S 8 12 8 4 32
Holiday Premium (1 ½) 8 (12) 12
Paid Holiday 8 8
Overtim e (1 ½) 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)
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Example 2: Schedule 0600 -1400 Monday -Friday (8-hour shift in one calendar day)
Offic er is scheduled to work and do es work a full shift on a holid ay. In addition to Holid ay Premium Pay
that is paid at 1 ½ times , th e Officer choo ses to accrue the holiday rath er than bein g paid for th e holid ay.
I
M-T w Th F Total
Holiday
Hours Worked 8 8 12 8 8 44
Total including ½ conversion
Re1:ular Earnin1:s 8 12 8 8 36
Holiday Premium (1 ½) 8 12
Paid (12)
Holiday 0 0
Overtime (1 ½) 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)
Examp le 3: Schedule 0600 -1400 Monday -Friday (8-hour shift in one calendar day)
Officer is scheduled to work and ob se rves th e holiday.
M-T w Th F Total
Holiday
Hours Worked 0 8 12 8 8 36
Total including ½
conversion
Re1:ular Earnin1:s 8 12 8 4 32
Holiday Premium (1 ½) 0 0
Paid Holiday 8 8
Overtime (1 ½) 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)
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Example 4: Schedu le 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 addit ion to Holiday Premium Pay
that is paid at 1 ½ times, the Officer chooses to be paid for the who le holiday.
I
M-T w Th F Total
Holiday
Hours Worked 4 8 12 8 8 40
Total in c luding½
conversion
Re1:ular Earnin1:s 8 12 8 4 32
Holiday Premium (1 ½) 4 (6) 6
Paid Holiday 8 8
Overtime (l ½) 4 (6) 6
Sub-Total Paid 14 8 12 8 10 52
Accrued Holiday Accrual Earned 0 0
Total Compensation (Pa id and 14 8 12 8 10 52
Accrued)
Example 5: Schedule 0600 -1400 Monday -Friday (8-hour shift in one calendar day)
Officer is sched uled to work and does work a portion of the holiday. In add ition to Holiday Premium Pay
that is paid at 1 ½ 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 Th F Total
Holiday
Hours Worked 4 8 12 8 8 40
Total including ½
conversion
Re2ular Earnin2s 8 12 8 8 36
Holiday Premium (1 ½) 4 (6) 6
Paid Holiday 4 4
Overtime ( I ½) 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)
10 3
Example 6: Schedule 1000 -2000 Monday -Thursday (10-hour shift in one calendar day)
Officer is scheduled to work and does work. [n addition to Holiday Premium Pay that is pa id at 1 ½times ,
the Officer chooses to be pa id for the holiday rather than accruing a holiday.
M -T w Th Total
Holiday
Hours Worked 10 10 14 10 44
Total including ½
convers10n
Ref(ular Earninf(s 10 14 8 32
Holiday Premium (I ½) 10 (15) 15
Paid Holiday 8 8
Overtime (1 ½) 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 sched uled to work and c hoo ses to observe the holid ay.
M-T w Th Total
Holiday
Hours Worked 10 10 IO 10 40
Total including ½
conversion
Ref(ular Earninf(s 10 10 10 30
Holiday Premium (I½) 0
Paid Holiday 10 10
Overtime (I ½)
Sub-Total Paid 10 10 10 10 40
Accrued Holiday Accrual Earned 0 0
Total Compensation (Paid and 10 10 10 10 40
Accrued)
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Exa mple 8: Sc hedul e 2000-0600 Monday -Thursday (10-ho ur Day Breaker shift)
Officer is scheduled to start a work week at 2000 hours on a holiday and does work. ln add ition to
Ho l iday Premium Pay that is paid at I ½ times , the Officer chooses to be paid Holiday Pay for the hours
worked on the ho liday rather than accruing a ho li day and automaticall y accrues for the unscheduled hours
on the holiday. (]fthe 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
½
conversion
ReKular EarninKS 0 10 14 10 2
Ho liday Premium (1 ½) 4 (6)
Paid Holiday 4
Overtime (1 ½) 4 (6)
Sub-Total Paid 0 10 10 14 10 8
Accrued Holiday Accrual Earned 4
Total Compensation (Paid and 0 14 10 14 10 8
Accrued)
Examp le 9: Sc hed ul e 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 at2000
hours . The Officer chooses to accrue the hours worked on the holiday and o bserve a portion of the
holiday.
Sa s M-T w Tota l
Holiday
Hours Worked 4 6 4 14 10 38
Total includin g ½
conversion
R eKular Earnings 4 6 14 10 34
Holiday Premium (1 ½) 4 (6) 6
Paid Holiday 4 4
Overtime (l ½) 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)
105
36
6
4
6
52
4
56
SECTION 3 -Chief's 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-es se ntial when City offices are closed . Note: The Officer will
have to use previously accrued holid ays for Monday si nce the Sunday accrual will not be avai lab le until
the following pay period . If no holiday accrual has been accumulated, accrued compensatory or vacation
time will be used.
S -M -City Observed T w Th F
Christmas Holiday
Day
Hours Worked 0 0 8 12 8 8
Total
36
Total
includin g
½
conversion
Re2ular Earnin2s 8 12 8 4 32
Paid Holiday Premium (1 ½) 0
Holiday 0
Overtime (1 ½) 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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APPENDIXE
Education Reimbursement Policy
8.2 Tuition Reimbursement Policy
The Tuition Reimbursement program addresses the City's commitment to Police Officer growth and
development. Reimbursed tuition must be direc tly related to a Police Officer 's current job or to a po s ition with
the City that requires the educational preparation. The Human Re so urce s Department determines whether the
courses taken are related or required as part of the job. Expen ses related to law and religiou s de grees are not
eligible for reimbursement, and other doctorate degrees are eligible for only partial reimburse ment.
Funding for thi s program is subject to City Council approval and is limited to the fiscal year in which fund s are
budgeted unle ss otherwise required by a then-applicable lab o r agreement. In years when the program is funded ,
Police Officers who meet the program criteria will be reimburse d for eligible expenses up to the individual
Police Officer cap. Information on the individual cap and tuition reimbursement process is available by
contacting the Benefits Division of the Human Resources Department.
Applicants must submit a completed application to a designated Human Reso urce s Department representative
for review and verification of eligibility. The approval of a course or a degree plan is not a guarantee of a
promotion or obtaining a position that require s or uses the training . Information regarding the tuition
reimbursement application process and deadline s is available by contacting the Benefits Divi s ion of the Human
Resource s Department.
8.2.1 Reimbursement Payback Provisions
A Police Officer who receives an overpayment or incorrect amount of reimbursement is required to notify
the Benefits Division of the Human Re so urces Department within 14 calendar days of receipt of the
erroneous reimbursement. Police Officers are respon s ible for monitoring their pay advices and verifying
reimburs ement amounts. Police Officers are also expected to repay th e City any overpayment. It is the
respon s ibility of any participating Police Officer to timely notify the Benefits Division of an overpayment.
Failure of a Police Officer to timely notify the Benefits Division of an overpayment may re s ult in
disqualification from receiving future tuition reimbursements and /or disciplinary action, up to and
including indefinite suspension.
Overpayment reimbursement may be deducted from a Police Officer 's pay check and /or final pay check
with the Human Resources Director ( or designee) approval. Police Officers will be notified by the Benefits
Division of any pending payroll deductions in regards to tuition reimbursement payback prior to the payroll
deduction. Overpayment amounts deducted from pay checks cannot cau se a Police Officer to be paid less
than minimum wage.
If a Police Officer re s ign s or is involuntarily terminated before completing a course, the City is not
obligated to pay reimbursement. A Police Officer who voluntarily terminates , resigns , or retires within 12
months after rece iving tuition reimbursement must repay I 00% of the reimbursement. A Police Officer
who voluntarily terminates , resigns , or retires within 13 months to 2 years (24 month s) after receiving
tuition reimbursement must repay 50% of the reimbursement.
A Police Officer who is involuntarily terminated or terminated because of a reduction in force, medical
disability, or as a result of occupational injuries or illnes ses is not required to repay the mone y received
for educational reimbursement and is not s ubject to the payback provi s ion .
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8.2.2 Eligibility Requirements For Tuition Reimbursement Program
A Police Officer may qualify to receive reimbursement for one degree at each level while employed with
the City. For example, a Police Officer may receive tuition reimbursement for one degree at the high
school/GED leve l, one degree at the associate level , one degree at the undergraduate (bachelors) level , and
one degree at the graduate (masters) level. Degrees that may have been obtained prior to City employment
wi ll not impact eligibil it y for tuition reimbursement during employment. For example, if a Police Officer
has obtained an undergraduate degree prior to employment, they may still be eligib le for tuition
reimbursement for an additional undergraduate degree while employed with the City if other e li gibility
requirements are met.
Doctorate leve l degrees (Ph.D.) are covered o nl y if in a scientific field (chemistry , biology, forensics , etc.)
and highly related to the Police Officer's current classification with the approva l of the City Manager or
designee. Doctorate level degrees in Law (J.D.) are not covered. Undergraduate , graduate and doctorate-
leve l degrees in religion are not eligible for reimbursement.
The requirements for a Police Officer to app ly for education reimbursement are:
• Must be a regular, full-time Police Officer participating in the City's retirement fund.
• Must have successfu ll y completed their initial probation and any extended probation.
• Cannot current ly be on disciplinary probation or have received a Performance Improvement Plan
(PIP) during the most recent performance evaluati on.
• Must have the approval of their supervisor and Human Resources before attending the course.
• Cannot have any outstanding amounts on previous reimbursement overpayments
To be el igible for reimbursement for an undergraduate course, a Police Officer must attain a course grade of
"C" or higher in a graded course , or a "pass" grade in an ungraded course.
To be e li gible for reimbursement for a graduate course , a Police Officer must attain a grade of "B " or higher
in a graded course, or a "pass" grade in an ungraded course.
Al l course work must be taken wh il e off duty. 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 a Police Officer's class schedu le is at the supervisor's discretion.
Courses that are not el igible for reimbursement under this program are: (1) Seminars and conferences that meet
for two weeks or less; (2) Seminars, training and review courses that deal with professional certifications or
licensing; (3) audited courses or for noncredit, continuing education courses for which there is no grade ; and
(4) credits obtained by the Col lege Leve l Examination Program (CLEP).
The department may reimburse Police Officers for classes that are not eligible for reimbursement, such as short
seminars , review courses or certifications , dependent on budgetary considerations and consistent w ith
departmental policy and practice.
Fees and expenses other than tuition and mandatory, course-related fees, s uch as books , supp li es, computers,
tablets , parking fees, health insurance fees, and room and board, are exc lud ed from reimbursement under this
program.
108
lncomplete forms or forms without al l required documents attached will not be proces sed. Forms and requests
turned in beyond the published deadline wi ll not be approved , processed or paid.
Co ll ege programs suc h as mini-terms/sessions , distance learning or quarters that are not set on a semester bas is
are e li g ibl e for reimbursement if they are j ob -re lated or part of a degree program and are taken for credit. The
Police Officer must meet the estab li s hed app lic at ion deadline for the spring, fa ll or s umm er semester that
precedes the course.
Co ur ses must be taken at an accred it ed schoo l, junior co ll ege, co ll ege , uni vers it y, technical or trade sc hool.
(See Glossary for definition of accredited sc hoo l.)
8.2.3 Administration, Payments, and Maximum Reimbursement
T uiti on Reimbursement is paid on ly once for each approved course. Reimbursements are made as soon as
practicable afte r receipt of the required paperwork.
A Police Officer w ho receives financial assistanc e fo r t he ir education from another source mu st disclose the
source and amount on the Tuition Reimbursement App li cation. The C ity does not pay for tuition and
mandatory fees paid by other sources, such as sc h o larsh ip s, grants , Veterans benefits or other subsidies. Any
Police Officer who receives reimbursements from the C ity for expenses that were paid by other sources must
pay back 100 percent of tho s e fund s before becoming e li gible for any future reimbursements from the C ity.
The C ity 's total tuition reimbursement cannot exceed the Police Officer's education expenses .
8.2.4 Tuition Reimbursement Appeals
If a Police Officer requests tuition reimbursement and the request is denied by the Police Chief, the Police
Officer can contact the Human Resources Manager for Talent Acquisition to try to resolve the dispute. The
HR Manager for Talent Acquisition wi ll discuss the dispute w ith the Human Resources Director. If the Human
Resources Director disagree s wit h the Police Chiefs decision to deny a Police Officer's request for tuition
reimbursement, the Police Chief and the Human Resources Director w ill work to reach a so luti on. If the Police
C hi ef and the Human Resources Director can no t agree , the Human Resources Director will discuss the appea l
with t he Ass istant C it y Manager (ACM) over Public Safety. The final decision on the appea l is m ade by the
ACM accordin g to the provisions of this T uiti o n Reimbursement Policy .
10 9
APPENDIXF
Examples of Additional Position without Vacancy
Under Article 4, Section 2(A)
1. If the Association President is a sergeant and is promoted to lieutenant while he or she is President, the
additional position authorized in this section will be converted to the rank of lieutenant, at the same moment
that the promotion is effective.
2. If the Association President is a sergeant and is demoted to corporal/detective while he or she is President,
the additional position authorized in this section will be converted to the rank of corporal/detective at the same
moment that the demotion is effective.
3. If the Association President is a sergeant and is replaced as President by a sergeant, the additional position
authorized in this section will remain a sergeant. The replaced President will return to full-time police work and
that will not create an excess in the number of sergeants.
4. If the Association President is a sergeant and is replaced as President by a lieutenant, the additional position
authorized in this section will be converted to lieutenant. The replaced President will return to full-time police
work and , if that creates an excess number of sergeants , the Officer who was most recently promoted to
sergeant will be demoted to corporal /detective and placed on a reinstatement list. Further demotions and
placement on a reinstatement list will follow , as determined by the applicable rules in TLGC Chapter 143 , as
modified by this Agreement.
5. Nothing in Article 4 , Section 2(A), nor any of these examples creates a vacancy in any rank.
110