RESOLUTION NO. 12-R-32
A RESOLUTION BY THE CITY COUNCIL FOR THE CITY OF ALVIN, TEXAS, CANCELLING THE COLLECTIVE BARGAINNG AGREEMENT THAT EXPIRED ON SEPTEMBER 30, 2012; PROVIDING AUTHORIZATION FOR CONTINUATION OF PAY AND BENEFITS FOR THE CITY’S LAW ENFORCEMENT PERSONNEL; AND PROVIDING FOR UNINTERRUPTED POLICE DEPARTMENT OPERATIONS PENDING ENTRY INTO A NEW COLLECTIVE BARGAINING AGREEMENT.
WHEREAS, the City of Alvin, Texas, is a home-rule city incorporated under and operating under the Constitution and laws of the State of Texas; and,
WHEREAS, the City of Alvin, Texas, is a collective bargaining city under Chapter 174, TLGC; and,
WHEREAS, previously, and during the terms of the collective bargaining agreements with the bargaining agent for the City’s police officers, the City has authorized pays through the execution of duly negotiated and approved collective bargaining labor agreements; and,
WHEREAS, the parties have been engaged in the collective bargaining process based on a notice of intent tendered to the City by the duly recognized bargaining agent, the APOA, by written notice dated February 13, 2012; and
WHEREAS, the parties have reached impasse as per the provisions of §174.152, TLGC, and no written agreement providing for an extension has been agreed upon; and,
WHEREAS, the term of the last collective bargaining labor agreement expired as of September 30, 2012; and,
WHEREAS, the parties have not completed a new labor agreement ratified by both parties prior to the end of FY 2011-2012; and,
WHEREAS, the collective bargaining agreement, being of indefinite duration, is terminable at will by either party after September 30, 2012; and,
WHEREAS, in the absence of a duly ratified labor agreement, the necessary authorization for certain pays is lacking;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ALVIN, TEXAS AS FOLLOWS:
SECTION 1. CANCELLATION OF LABOR AGREEMENT
That the Collective Bargaining Labor Agreement between the City of Alvin, Texas and the Alvin Police Officers Association (the APOA) for Fiscal Years 2011-12, be and hereby is, cancelled as of the effective date of this Resolution, pending entry into a new collective bargaining labor agreement.
BE IT HEREBY FURTHER RESOLVED BY THE CITY OF ALVIN, TEXAS, THAT THE FOLLOWING PAY AND BENEFITS FOR POLICE DEPARTMENT PERSONNEL SHALL BE AS FOLLOWS:
SECTION 2. BASE AND STEP PAY MATRIX
A. Base and Step Pay Matrix. See Pay Matrix, attached as Appendix A. The base pay matrix specified for any particular period in the attached exhibit shall remain in effect until otherwise modified by the City Council.
B. Specialist Assignment Pay. Assignment pay for Specialists shall be $3744.00 annually ($1.80 per hour).
1) Upon promotion to a higher classification, a Specialist in the highest pay scale shall be moved to the pay step that is closest to his/her current pay, but not less than current pay. From this new step, the Officer will receive a one-step promotional bonus. The Officer will remain at this one-step until his/her tenure in the new position allows for further advancement within the pay steps.
2) Consistent with current and past practice, an officer will not receive more than one specialist assignment pay.
C. Patrol Officer II. In addition, any patrol rank officer who has four (4) continual years of service with the Alvin Police Department and who holds an intermediate certificate, or higher, will be paid an additional ninety cents (0.90¢) per hour and hold the title of Police Officer II; provided, however, that this stipend will not be paid to anyone who is also receiving a Police Specialist stipend as defined by this Agreement. D. Longevity Pay. Longevity pay for officers shall be paid in accordance with existing city policy for civilian personnel.
SECTION 3. CERTIFICATION AND EDUCATION PAY
A. The City shall compensate Officers possessing a TCLEOSE certificate in the amounts specified in the tables below as follows:
Master Peace Officer Certificate
$120.00 per month
B. The City shall also compensate Officers possessing a Degree from a U.S. based accredited institution of higher learning in the amounts specified in the tables below as follows:
College Degree Monthly Stipend
Associate Degree $30.00 per month
Bachelor Degree $60.00 per month
Master’s Degree $120.00 per month
SECTION 4. SUPPLEMENTAL PAYS
A. Night Shift Differential. Officers assigned to work a night shift shall receive an additional seventy cents ($0.70) per hour to their regular rate hourly rate of pay.
1. A night shift for purposes of this provision shall be between the hours of 6 p.m. and end at 6 a.m.
2. This night shift differential does not apply to any duty hours that an officer may work outside of the night shift period specified above.
3. Similarly, this night shift differential does not apply to any officer who is not assigned to night shift, but who may work duty hours during a night shift at any given time.
B. Step-Up Pay. Any Officer performing duties above their normal pay grade (i.e., “step-up”) for a full shift shall receive a rate increase of one dollar ($1.00) per hour during the temporary assignment.
C. Bilingual Stipend. An Officer, upon being certified by the department as “bilingual”, shall receive a stipend of fifty dollars ($50.00) per month beginning with the first pay period after certification. Certification standards will be maintained by the department and shall include a fluency/proficiency test.
D. Training Officer Pay. An Officer who is assigned to and performs the specific duty of training and evaluating officers shall receive an additional twenty-five cents ($0.25) per hour for each twelve (12) hour shift assigned as Training Officer.
E. Call Out Pay. Officers who are called to work outside their regular schedule, including attendance at court, shall be paid at least two (2) hours minimum. The City may assign tasks to those Officers during that period of time.
SECTION 5. FRINGE BENEFITS
A. The department shall continue existing practices with respect to the following items:
1. Target Ammunition;
2. Clothing and Equipment Allowance; 3. Cell Phone incentive;
4. Continuous Duty Meal Break;
5. Any other similar fringe benefits or incentives currently in place.
SECTION 6. HOLIDAY PAY
A. Law enforcement personnel shall be afforded the same level of holiday pay benefits as are provided to the City’s civilian personnel.
SECTION 7. OVERTIME AND COMPENSATORY TIME
A. Overtime and compensatory time shall follow existing City policy and the minimum requirements of state law.
SECTION 8. HEALTH CARE BENEFITS
A. Law enforcement personnel shall be afforded the same level of health care benefits as are provided to the City’s civilian personnel.
SECTION 9. LIFE INSURANCE
A. Law enforcement personnel shall be afforded the same level of life insurance benefits as are provided to the City’s civilian personnel.
SECTION 10. DEPARTMENT OPERATIONS
A. All other employment and personnel matters in furtherance of the function, purpose, and operations of the Police Department shall be handled in accordance with existing policies of the City, including but not necessarily limited to 1) applicable legal requirements; 2) the City’s Personnel Policy Manual, 4), Departmental Rules, Regulations, and Directive; 5) Executive Orders and Directive; as applicable.
BE IT FURTHER CONCURRENTLY RESOLVED AS FOLLOWS:
That this Resolution shall remain in force and effect for purposes of providing the necessary authorization for pay and benefits, as specified herein, to the City’s law enforcement personnel who comprise the bargaining unit, unless and until further modified or amended by the City Council or upon full approval of a duly negotiated collective bargaining labor agreement by the parties, whichever is earlier.
PASSED AND APPROVED on this the ________ day of October, 2012.
ATTEST: CITY OF ALVIN, TEXAS
By: ________________________________ By: __________________________
