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HomeMy WebLinkAbout025066 - General - Contract - Fort Worth Police Officers AssociationCITY SECRETARY CONTRACT NO. 264 AGREEMENT TO REIMBURSE CITY OF FORT WORTH FOR BASE SALARY OF PRESIDENT OF FORT WORTH POLICE OFFICERS ASSOCIATION STATE OF TEXAS ) COUNTIES OF TARRANT ) AND DENTON THIS AGREEMENT is entered into by and between the City of Fort Worth, a municipal corporation (hereinafter referred to as "City"), acting by and through its duly authorized Assistant City Manager, and the Fort Worth Police Officers Association, a Texas non-profit corporation (hereinafter referred to as "Association"), acting by and though its duly authorized President. WITNESSETH: WHEREAS, on April 13, 1999, the Fort Worth City Council adopted Council Proposal C-209, "Adoption of Personnel Regulation Concerning Leave for President of Fort Worth Police Officers Association", a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as if set forth verbatim; and WHEREAS, C-209 provides that the President of the Association shall be eligible to take leave, without loss of pay or benefits, to perform work related to business of the Association, which leave shall be known as Association Leave; and WHEREAS, C-209 further provides that before the President is eligible to take Association Leave, the Association must sign an agreement to reimburse the City for the President's base salary while the President is on Association Leave; and WHEREAS, the Association and City desire to enter this Agreement to provide for reimbursement of the President's base salary, as provided in C-209; NOW, THEREFORE, the parties hereby mutually covenant and agree as follows: 1. Eligibility of President for Association Leave The President of the Association shall be eligible to take Association Leave, in accordance with C-209, beginning with the pay period that commences on July 17, 1999. Unless otherwise directed by the Chief of Police, consistent with the provisions of C-209, the President shall take 960 hours of Association Leave during the remainder of calendar year 1999 and 2080 hours of Association Leave during each calendar year thereafter. FAc8AP ici Ctokiii doYpNµ(n�� ;I \ 2. Reimbursement for President's Base Salary The Association shall reimburse the City for the President's base salary while the President is on Association Leave, such reimbursement to be as follows: a) On or before July 17, 1999, the Association shall pay to the City, in advance, the amount of the President's base salary for the portion of the calendar quarter ending on September 30, 1999 - i.e. 440 hours of base salary. b) Thereafter, the Association shall pay to the City, quarterly in advance, the amount of the President's base salary for each following calendar quarter - i.e. 520 hours of base salary per calendar quarter. c) Payments shall be.sent to: Director of Finance City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 3. C.P. 209 Not Amended or Modified Association Leave shall be governed by the provisions of C-209 and this Agreement shall not be deemed to amend or modify C-209 4. Term of Agreement This agreement shall remain in effect until December 31, 1999. Thereafter, this agreement shall be deemed to be automatically renewed at the beginning, of each subsequent calendar year and shall remain in effect during each such calendar year, unless the agreement has been terminated as hereinafter provided. 5. Termination of Agreement a) Termination by Association without Cause The Association may terminate this agreement without cause by giving the City written notice of termination before December 31 in any calendar year during the term hereof. When the Association has given the City such notice of termination, this agreement shall terminate at the end of the calendar year in which the notice is given. Thereafter, this agreement shall be of no further force and effect. F b) Termination for Cause If either party shall violate any of the agreements herein, or any of the duties imposed on it by this agreement, such violation shall entitle the other party to terminate this agreement; provided however, that the party desiring to terminate for such cause shall give the other party at least 30 calendar days written notice specifying the particulars wherein it is claimed that there has been a violation hereof; and if at the end of such time the party notified has not removed the cause of complaint, or remedied the purported violation, the termination of this agreement shall be deemed complete. 6. Notice Any notice required by this agreement shall be given by depositing the same in the United States mail, certified mail, in a sealed envelope with sufficient postage attached, to the addressee listed below: City Manager President City of Fort Worth Fort Worth Police Officers Association 1000 Throckmorton 904 Collier Street Fort Worth, Texas 76102 Fort Worth, Texas 76102 7. Non waiver The failure of either party to insist upon the performance of any provision of this agreement, or to exercise any right herein conferred, shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right on any future occasion. 8. Venue Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this agreement, venue for said action shall lie in Tarrant County, Texas. 9. Entirety of Agreement This written agreement and the exhibit attached hereto, which is incorporated by reference and made a part of this agreement for all purposes, constitute the entire agreement between the parties, and any prior or contemporaneous oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this agreement must be in writing and approved by both parties. 3 IN WITNESS WHEREOF, the parties have executed this agreement on the. day of G , 1999. FORT WORTH POLICE OFFICERS ASSOCIATION dent ATTEST: Secretary THE CITY OF FORT WORTH By:_ foist City Manager ATTEST: City Secr tary cp-o,o1 Contract Authorization Date Approved as to Fo an Le ality: City Attorney n W City of Fort Worth, Texas COUNCIL PROPOSAL 4113199 I C-209 Councilman Jim Lane PROPOSAL: Adoption of Personnel Regulation Concerning Leave for President of Fort Worth Police Officers Association I of 2 It is proposed that the City Council adopt the attached personnel regulation to establish a policy concerning Leave for the President of the Fort Worth Police Officers Association. DISCUSSION: The attached regulation contains the following provisions: • When released on Association Leave, the President of the Fort Worth Police Officers Association would use 2080 hours of Association Leave per year to perform work related to business of the Association. Any vacation, sick leave or family leave that the President takes while on Association Leave would be included in the 2080 hours. I. • The Police Officers Association would reimburse the City .for the President's base salary. The City would pay all benefits and additional pay Which the Association President is entitled to receive and the City would be responsible for payment of the City's share of his or her retirement fund contributions. • While on Association Leave; the President would continue accruing his or her, usual vacation, sick leave and family leave. Likewise, thevacation, sick leave or family leave that he or she uses would be charged against his or her available leave balances. • No overtime or compensatory time would be accrued while the President is on Association Leave except in the event the President was recalled to duty by the Chief of Police and required to labor in excess of the normal 40 hour week. If the Association President were recalled to duty, the City would deduct, credit or offset hours worked by the President from the 2080 hours reimbursement. • Association Leave could not be used for political activities that are prohibited by Section 143.086 of the Texas Local Government Code. • The Chief of.Police would retain the discretion to permit other Police Department Employees time off without pay to attend to Association business. EXHIBIT ❑ • LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS City of Fort Worth, Texas COUNCIL PROPOSAL 4113199 I I Adoption of Personnel Regulation Concerning Leave for C-209 President of Fort Worth Police Officers Association Councilman Jim Lane I I Paae 2 of 2 Association Leave would not be treated as a break in service and the President would not lose seniority, promotional opportunities, sick leave, vacation, retirement or any other benefits, including mandatory T.C.L.E.O.S.E. training, while on such leave. While on Association, Leave, the President would retain the privileges of his or her employment and would be maintained by the Police Department as a Commissioned Peace Officer in the State and a classified Civil Service Employee of the City of Fort Worth. LEGALITY The City Attorney has reviewed the proposed regulation and finds that there are no legal impediments to adoption of the regulation. FISCAL NOTE: The Director of Finance certifies that adoption of the proposed regulation would not have any material incial impact on the budget of the Police Department. CITY MANAGER'S COMMENTS: The City Manager has no objection to the adoption of the proposed regulation. Mayor uncilmember, District 2 Councilmember, liistrict 3 Councilmember, District 4 ^.ouncilmember, District 5 Councilmember, District 6 Councilmember, District 7 Councilmember, District 8 Councilmember, District 9 ^MM �\itL CITY � APR I !t 1999 CitI of Fort Leave for President of Fort Worth Police Officers Association The President of the Fort Worth Police Officers Association (the Association) shall be eligible to take leave, without loss of pay or benefits, to perform work related to business of the Association. Such leave shall be known as Association Leave. It shall not be mandatory that the President of the Association take such leave. When released on Association Leave, the President must use 2080 hours of such leave per calendar year unless otherwise approved by the. Chief of Police. Any vacation, sick leave or family leave that the President takes while on Association Leave shall be included in the 2080 hours. Before the President is eligible for Association Leave, the Association must sign an agreement to reimburse the City for. the President's base salary while the President is on Association Leave. The City shall remain responsible for and shall pay all benefits and additional pay that the Association President is entitled to receive as an active duty member of the Fort WorthPolice Department. The City shall also be responsible for payment of the City's share of his or her retirement fund contributions. While on Association Leave, the President will continue to accrue his or her usual vacation, sick leave and family leave. Likewise, the vacation, sick leave orfamily leave that he or she uses shall be charged against his or her available leave balances. The President shall be placed on special assignment at the discretion of the Chief of Police for the purpose of maintaining the time and attendance report. The President shall continue to file time and attendance reports with the Police Department. The Chief of Police retains the right to recall the Association President to duty during an emergency or special event involving overriding need for the protection of the citizens of Fort Worth. No overtime or, compensatory time shall be accrued while the President is on Association Leave except in the event the President is recalled to duty by the Chief of Police and required to labor in excess of the normal 40 hour week. If the President is recalled to such duty, the City shall deduct, credit or offset hours worked by the President from the 2080 hours reimbursement. The President shall not use Association Leave for political activities that are prohibited by Section 143.086 of the Texas Local Government Code. Association Leave shall not be paid if the President is under a suspension without pay. This policy shall not be considered as a limitation upon the Chief of Police's discretion to allow other employees, of the Police Department time off without pay to attend to Association business. Association Leave shall not be treated as a break in service and the President shall not lose seniority, promotional opportunity, sick leave, vacation, retirement or any other benefits, including mandatory T.C.L.E.O.S.E. training, while on such. leave. While on Association Leave, the President will retain the privileges of his or her employment and shall be maintained by the Police Department as a Commissioned Peace Officer in the State and a classified Civil Service Employee of the City of Fort Worth. City of Fort Worth, Texas COUNCIL PROPOSAL Adoption of Personnel Regulation Concerning Leave for 4/13/99 C-209 President of Fort Worth Police Officers Association Councilman Jim Lane I ,0ti'Th. 1 I Page 1 of 2 PROPOSAL: It is proposed that the City Council adopt the attached personnel regulation to establish a policy concerning Leave for the President of the Fort Worth Police Officers Association. DISCUSSION: The attached regulation contains the following provisions: • When released on Association Leave, the President of the Fort Worth Police Officers Association would use 2080 hours of Association Leave per year to perform work related to business of the Association. Any vacation, sick leave or family leave that the President takes while on Association Leave would be included in the 2080 hours. • The Police Officers Association would reimburse the City for the President's base salary. The City would pay all benefits and additional pay which the Association President is entitled to receive and the City would be responsible for payment of the City's share of his or her retirement fund contributions. • While on Association Leave, the- President would continue accruing his or her usual vacation, sick leave and family leave. Likewise, the vacation, sick leave or family leave that he or she uses would be charged against his or her available leave balances. • No overtime or compensatory time would be accrued while the President is on Association Leave except in the event the President was recalled to duty by the Chief of Police and required- to labor in excess of the normal 40 hour week. If the Association President were recalled to duty, the City would deduct, credit or offset hours worked by the President from the 2080 hours reimbursement. • Association Leave could not be used for political activities that are prohibited by Section 143.086 of the Texas Local Government Code. • The Chief of Police would retain -the discretion to permit other Police Department Employees time off without pay to attend to Association business. U LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS City of Fort Worth, Texas COUNCIL PROPOSAL 4/13/99 1 C-209 Councilman Jim Lane Adoption of Personnel Regulation Concerning Leave for President of Fort Worth Police Officers Association Page 2 of 2 Association Leave would not be treated as a break in service and the President would not lose seniority, promotional opportunities, sick leave, vacation, retirement or any other benefits, including mandatory T.C.L.E.O.S.E. training, while on such leave. While on Association Leave, the President would retain the privileges of his or her employment and would be maintained by the Police Department as a Commissioned Peace Officer in the State and a classified Civil Service Employee of the City of Fort Worth. LEGALITY: The City Attorney has reviewed the proposed regulation and finds that there are no legal impediments to adoption of the regulation. FISCAL NOTE: The Director of Finance certifies that adoption of the proposed regulation would not have any material incial impact on the budget of the Police Department. CITY MANAGER'S COMMENTS: The City Manager has no objection to the adoption of the proposed regulation. Mayor ouncilmember, District 2 Councilmember, Listrict 3 Councilmember, District 4 ^ouncilmember, District 5 Councilmember, District 6 Councilmember, District 7 Councilmember, District 8 Councilmember, District 9 crr(COUN A •t( 1999 Citr of Fort Leave for President of Fort Worth Police Officers Association The President of the Fort Worth Police Officers Association (the Association) shall be eligible to take leave, without loss of pay or benefits, to perform work related to business of the Association. Such leave shall be known as Association Leave. It shall not be mandatory that the President of the Association take such leave. When released on Association Leave, the President must use 2080 hours of such leave per calendar year unless otherwise approved by the Chief of Police. Any vacation, sick leave or family leave that the President takes while on Association Leave shall be included in the 2080 hours. Before the President is eligible for Association Leave, the Association must sign an agreement to reimburse the City for the President's base salary while the President is on Association Leave. The City shall remain responsible for and shall pay all benefits and additional pay that the Association President is entitled to receive as an active duty member of the Fort Worth Police Department. The City shall also be responsible for payment of the City's share of his or her retirement fund contributions. While on Association Leave, the President will continue to accrue his or her usual vacation, sick leave and family leave. Likewise, the vacation, sick leave or family leave that he or she uses shall be charged against his or her available leave balances. The President shall be placed on special assignment at the discretion of the Chief of Police for the purpose of maintaining the time and attendance report. The President shall continue to file time and attendance reports with the Police Department. The Chief of Police retains the right to recall the Association President to duty during an emergency or special event involving overriding need for the protection of the citizens of Fort Worth. No overtime or compensatory time shall be accrued while the President is on Association Leave except in the event the President is recalled to duty by the Chief of Police and required to labor in excess of the normal 40 hour week. If the President is recalled to such duty, the City shall deduct, credit or offset hours worked by the President from the 2080 hours reimbursement. The President shall not use Association Leave for political activities that are prohibited by Section 143.086 of the Texas Local Government Code. Association Leave shall not be paid if the President is under a suspension without pay. This policy shall not be considered as a limitation upon the Chief of Police's discretion to allow other employees, of the Police Department time off without pay to attend to Association business. Association Leave shall not be treated as a break in service and the President shall not lose seniority, promotional opportunity, sick leave, vacation, retirement or any other benefits, including mandatory T.C.L.E.O.S.E. training, while on such. leave. While on Association Leave, the President will retain the privileges of his or her employment and shall be maintained by the Police Department as a Commissioned Peace Officer in the State and a classified Civil Service Employee of the City of Fort Worth.