COA Agreement - Austin Police Association - 2024-2029 PDF

AGREEMENT BETWEEN THE CITY OF AUSTIN AND THE AUSTIN POLICE ASSOCIATION Term of contract begins October 29, 2024...

AGREEMENT BETWEEN THE CITY OF AUSTIN AND THE AUSTIN POLICE ASSOCIATION Term of contract begins October 29, 2024 And ends September 30, 2029 City of Austin, Texas Austin Police Association ___________________________________ ___________________________________ T.C. Broadnax Michael Bullock City Manager APA President  TABLE OF CONTENTS ARTICLE 1 PREAMBLE............................................................................................................ 3 ARTICLE 2 DEFINITIONS........................................................................................................ 4 ARTICLE 3 RECOGNITION..................................................................................................... 6 ARTICLE 4 MANAGEMENT RIGHTS.................................................................................... 7 ARTICLE 5 NON-DISCRIMINATION..................................................................................... 8 ARTICLE 6 UNION DUES AND CHECK OFF....................................................................... 9 ARTICLE 7 WAGES AND BENEFITS................................................................................... 11 ARTICLE 8 OVERTIME, ON-CALL, COURT TIME AND CALL-BACK....................... 17 ARTICLE 9 SPECIAL LEAVE PROVISIONS...................................................................... 19 ARTICLE 10 HOLIDAYS, VACATION AND SICK LEAVE.............................................. 21 ARTICLE 11 ASSOCIATION BUSINESS LEAVE............................................................... 23 ARTICLE 12 ASSOCIATION COMMUNICATION............................................................ 27 ARTICLE 13 PROMOTIONS................................................................................................... 28 ARTICLE 14 HIRING PROCESS............................................................................................ 42 ARTICLE 15 DRUG TESTING................................................................................................ 47 ARTICLE 16 PROTECTED RIGHTS OF OFFICERS......................................................... 50 ARTICLE 17 DISCLIPLINARY ACTIONS, DEMOTIONS & APPEALS......................... 56 ARTICLE 18 ASSIGNMENT CHANGES............................................................................... 65 ARTICLE 19 AGREEMENT GRIEVANCE PROCEDURE................................................ 72 ARTICLE 20 TERM OF AGREEMENT................................................................................ 75 ARTICLE 21 NOTICES............................................................................................................ 77 ARTICLE 22 ENTIRE AGREEMENT.................................................................................... 78 ARTICLE 23 SAVINGS CLAUSE/PREEMPTION............................................................... 79 ARTICLE 24 MISCELLANEOUS........................................................................................... 80 APPENDICES............................................................................................................................. 83 APPENDIX A-1....................................................................................................................... 84 APPENDIX A-2....................................................................................................................... 85 APPENDIX A-3....................................................................................................................... 86 APPENDIX A-4....................................................................................................................... 87 APPENDIX A-5....................................................................................................................... 88 2  ARTICLE 1 PREAMBLE As authorized by Chapter 143 of the Texas Local Government Code, the City of Austin, Texas (hereinafter referred to as the “CITY”) and the Austin Police Association (hereinafter referred to as the “ASSOCIATION”) reached a Meet and Confer Agreement effective this 29th day of October, 2024 (hereinafter referred to as the “AGREEMENT”). The AGREEMENT was ratified by the City Council and the Association prior to the effective date. Section 1. Date of Agreement This AGREEMENT was made, entered into, and first effective this 29th day of October, 2024 (unless specific provisions or Exhibit terms set forth a later effective date) by and between the CITY and the ASSOCIATION, and its terms shall be effective only until the expiration date of the Agreement, or as stipulated in this Agreement. Section 2. Purpose of Agreement WHEREAS, the CITY has voluntarily endorsed the practices and procedures of the statutory meet and confer process as an orderly way of conducting its relations with its police officers, insofar as such practices and procedures are appropriate to the functions and obligations of the CITY to retain the rights to operate the CITY government effectively in a responsible and efficient manner; and WHEREAS, the ASSOCIATION has pledged to support the service and mission of the Austin Police Department and to abide by the statutorily imposed no strike or work slowdown obligations placed upon it; and WHEREAS, it is the intent and purpose of the parties to set forth herein their entire Agreement; NOW, THEREFORE, IN CONSIDERATION OF THE mutual covenants and agreements herein contained, the parties mutually agree as follows: 3  ARTICLE 2 DEFINITIONS The following definitions apply to terms used in this AGREEMENT, unless a different definition is required by the context in which the term is used. 1. “Agreement” means this “Meet & Confer Agreement” between the City of Austin and the Austin Police Association. 2. “ASSOCIATION” means the Austin Police Association, and its officers and agents authorized to act on its behalf. 3. “Authorized ASSOCIATION Representative” means the President of the ASSOCIATION, or their designee. 4. “Business day” means a day on which the City conducts normal business. In addition, the day of the act, event or default after which a period of time begins to run is not included. The last day of the period is included unless it is a weekend or City observed holiday. 5. “Calendar day” means the period from one midnight to the following midnight. 6. "Chapter 143" means Chapter 143 of the Texas Local Government Code. 7. “Chief” means the Chief of Police of the Austin Police Department or their designee. 8. “Civil Service Commission” means the three (3) member Civil Service Commission appointed by the City Manager, pursuant to Section 143.006 of the Texas Local Government Code. 9. “Department” means the Austin Police Department. 10. “Employer” or “CITY” means the City of Austin, Texas, the Austin Police Department and its officers, agents, managers, and others authorized to act on the CITY's behalf. 11. “HRD” means the City of Austin's Human Resources Department. 12. “Meet and Confer Statute” means Subchapter I of Chapter 143 of the Texas Local Government Code, Sections 143.301-143.313. 13. “Officer” means, all police officers, as the term is currently defined in Texas Local Government Code, Section 143.003 (5), and those hired under the provisions of this Agreement in the Austin Police Department, except the Head of the Department and, unless otherwise specified, Assistant Department Heads in the rank or classification immediately below that of the Department Head. The term also excludes cadets, civilian employees, retirees, reserve officers, and any other employees specifically exempted by the terms of this Agreement. Probationary officers are excluded from the coverage of Article 17 Disciplinary Action and cannot file grievances pursuant to Article 19 Agreement Grievance Procedure regarding disciplinary actions. 4  14. “Reserve Officer” means an honorably retired Austin Police Officer who meets the minimum standards as determined by the Department. This definition may be amended by agreement of the ASSOCIATION President and the City Manager. 15. “TLGC” means the Texas Local Government Code. 16. “Their” means, his or her as an individual possessive pronoun or as a collective possessive pronoun for more than one individual when the context so implies. 5  ARTICLE 3 RECOGNITION The CITY recognizes the ASSOCIATION as the sole and exclusive bargaining agent for all covered police officers, pursuant to Section 143.301 et seq. of Chapter 143, excluding the Police Chief, the Assistant Police Chiefs, and all civilian employees of the Police Department. 6  ARTICLE 4 MANAGEMENT RIGHTS Section 1. Retained Rights – General The CITY retains all inherent rights to manage the Police Department and its work force which it presently enjoys, subject to applicable federal and state statutes and local ordinances, resolutions, and rules, except as specifically provided in this AGREEMENT. These rights include, but are not limited to: direction of the work force, including but not limited to, the right to hire; the right to discipline or discharge; the right to decide job qualifications for hiring; the right to layoff or abolish positions; the right to make rules and regulations governing conduct and safety; the right to determine schedules of work together with the right to determine the methods, processes and manner of performing work; the determination of the size of the work force, and the assignment of work to officers within the department, including the right to transfer officers; the determination of policy affecting the selection of new officers; the right to establish the services and programs provided by the department, including the nature and level of such services and programs, as well as the type and quantity of resources allocated; the right to establish work performance measurement and standards; and the right to implement programs to increase the cost effectiveness of departmental operations. Section 2. Retained Right of Independent Investigation The Chief of Police and the City Manager fully retain their rights to independently investigate police conduct. 7  ARTICLE 5 NON-DISCRIMINATION Section 1. Discrimination Prohibited Neither the ASSOCIATION nor the CITY shall engage in discrimination against any Officer because of the Officer’s membership or non-membership in the ASSOCIATION. Neither the ASSOCIATION nor the CITY shall engage in discrimination against any Officer because of the Officer’s race, color, national origin, religion or creed, age, sex or gender, sexual orientation, gender identity, military status or veterans’ status, or disability or handicap. An Officer who believes that they have been discriminated against because of the Officer’s race, color, national origin, religion or creed, age, sex or gender, sexual orientation, military status or veterans’ status, or disability or handicap retains all rights afforded to them under state and federal laws; however, neither the Officer nor the ASSOCIATION can initiate a grievance under the Agreement Grievance Procedure in Article 19 Agreement Grievance Procedure concerning such allegations. For the purposes of this Section, the term Officer shall include Assistant Department Heads in the rank or classification immediately below that of the Department Head. Section 2. Association Membership or Activity Neither the CITY nor the ASSOCIATION shall interfere with the right of Officers covered by this AGREEMENT to become or not become members of the ASSOCIATION, and there shall be no discrimination or retaliation against such Officers because of lawful ASSOCIATION membership or non-membership activity or status. The CITY will not retaliate against Officers for seeking ASSOCIATION assistance with regard to employment matters, nor will it take actions to discourage them from doing so. The parties agree that this Subsection 2 does not provide the basis for a dispute, claim or complaint under Article 19 Agreement Grievance Procedure unless there is a pattern of retaliation that has not been appropriately addressed by APD management. Section 3. Association Fair Representation The ASSOCIATION recognizes its responsibility as the exclusive representative under the Meet and Confer Statute and agrees to fairly represent all Officers in the Department covered by this AGREEMENT. 8  ARTICLE 6 UNION DUES AND CHECK OFF Section 1. Payroll Deductions and Union Dues a) Upon receipt of a signed authorization from an officer on a form supplied by the CITY, dues and assessments listed on the said form shall be deducted from such officer's pay. Officers who are already having dues deducted as of the execution date of this AGREEMENT are not required to submit a new dues deduction form. b) The CITY agrees that the authorization form will have ten (10) slots (AP0 through AP9) for the ASSOCIATION to direct funds to up to ten (10) accounts for premiums associated with ASSOCIATION approved entities and/or programs. Dues deductions for such premiums will begin no later than the second full pay period after the officer submits a properly completed dues deduction form authorizing such deductions. Any such deductions will be discontinued if requested by the ASSOCIATION. c) The dues deductions shall be remitted promptly to the treasurer of the ASSOCIATION. The ASSOCIATION agrees to defray the actual cost of making such deductions, except deductions for the Austin Police Benevolent Foundation formerly known as the Austin Cops for Charities, not to exceed the per deduction amount paid by other employee associations. The CITY agrees to provide a list of those members for whom deductions are made each month. The ASSOCIATION may change the amount of the deduction for those employees who have authorized payroll deductions by providing the CITY with a letter, at least thirty (30) calendar days in advance of the change, from the ASSOCIATION President advising the CITY that the amount has changed pursuant to the requirements of the ASSOCIATION's Constitution and Bylaws. The ASSOCIATION will promptly refund to the CITY any amount paid to the ASSOCIATION in error on account of this dues deduction provision. Additional assessments may be deducted by mutual agreement of the parties. d) The CITY understands that the ASSOCIATION may prohibit affiliate organizations from activities that impair or interfere with its role as the exclusive bargaining agent. Section 2. Other Payroll Deductions The CITY agrees that it will not authorize payroll deduction of dues or fees for any organization that purports to represent Austin police officers in employment matters that is not currently authorized to have payroll deduction of dues. This requirement shall not apply to organizations specifically listed in this Article or organizations that enjoyed dues check off as of the date the Austin City Council recognized the APA as the sole and exclusive bargaining representative of officers in the Department including, the Austin Police Association. Section 3. Deductions for Death of Officer Whenever an Officer dies, and the CITY is notified by the ASSOCIATION of its intent to invoke this provision, the CITY will deduct $40.00 dollars, as directed by the ASSOCIATION in 9 writing, from each ASSOCIATION member’s pay one time during the month immediately following the Officer’s death. In the case of multiple applicable deaths in a month, the ASSOCIATION shall have the deductions spread over consecutive pay periods upon reasonable notice to the CITY. As with other deductions, said amount will be forwarded directly to the ASSOCIATION. The ASSOCIATION shall provide, by internal policy, all other details, such as designation of beneficiaries, reimbursement to members, eligibility for benefits, and distribution of funds. Section 4. Effect of Contract Expiration The provisions of this Article shall remain in full force and effect after expiration of this AGREEMENT until a successor AGREEMENT has been reached, or for twenty-four (24) months after expiration of this AGREEMENT, if no subsequent agreement is ratified. In no event shall this Article continue in effect after September 30, 2031. Section 5. Indemnification The ASSOCIATION agrees to indemnify the CITY and hold it harmless against any and all claims, demands, suits, or other forms of liability that may arise out of, or by reason of, any actions taken by the CITY for the purposes of complying with the provisions of this Article. 10  ARTICLE 7 WAGES AND BENEFITS Section 1. Base Wages a) For Fiscal Year 2024-2025 Effective with the first full pay period after the effective date of this Agreement, the base pay scale attached hereto as Appendix A-1 shall apply to all Officers covered by this Agreement. The base pay scale reflects an 8% increase to base wages. b) For Fiscal Year 2025-2026 Effective with the first full pay period after October 1, 2025, the pay scale attached hereto as Appendix A-2 shall apply to all Officers covered by this AGREEMENT. The pay scale reflects a 6% increase to base wages. c) For Fiscal Year 2026-2027 Effective with the first full pay period after October 1, 2026, the pay scale attached hereto as Appendix A-3 shall apply to all Officers covered by this AGREEMENT. The pay scale reflects a 5% increase in base wages. d) For Fiscal Year 2027-2028 Effective with the first full pay period after October 1, 2027, the pay scale attached hereto as Appendix A-4 shall apply to all Officers covered by this AGREEMENT. The pay scale reflects a 5% increase to base wages. e) For Fiscal Year 2028-2029 Effective with the first full pay period after October 1, 2028, the pay scale attached hereto as Appendix A-5 shall apply to all Officers covered by this AGREEMENT. The pay scale reflects a 4% increase to base wages. Section 2. Longevity Pay Longevity pay in the amount of one hundred and seven dollars ($107.00) per year of service, up to a maximum of 25 years, shall be paid in a lump sum in the first regularly scheduled pay period after the Officer's anniversary date, which is the annual anniversary of the Officer's most recent commission date. This change in payment of longevity does not affect the treatment of longevity for retirement and overtime purposes, and the CITY and the Officers shall continue making contributions for longevity payments. 11 Section 3. Field Training Officer Pay Field training officer (FTO) pay shall be paid at the effective rate of 4.5% of Police Officer Pay Step 10 pay per month to each Officer assigned in the FTO program, as selected according to criteria established by the Chief. Section 4. Mental Health Certification Pay Mental Health Certification Pay shall be paid at the effective rate of one hundred and seventy-five dollars ($175.00) per month to each Officer assigned to a Patrol Shift, and serving as a Mental Health Officer as selected and approved according to criteria established by the Chief. This payment shall not be made to the Officers assigned to the Crisis Intervention Team. The Department agrees to conduct an annual review, with input from the Association, to assess whether additional officers will be entitled to such pay. Effective January 1, 2025 this Section 4 and this pay shall no longer be in effect. Section 5. Bilingual Pay Bilingual pay will be paid at the rate of one hundred and seventy-five dollars ($175.00) per month for Officers certified under standards established by the Chief and assigned to the bilingual program. The bilingual program shall include German, Spanish, French/Haitian, Farsi, Arabic, Asian (Vietnamese, Cantonese, Thai, Korean, Japanese, and Malaysian), Russian, Ukrainian, and sign language for the deaf. Officers will not be paid cumulatively if they are certified in more than one language. Bilingual pay will be paid at the rate of two hundred dollars ($200.00) per month for Officers certified under standards established by the Chief and assigned to the bilingual program for Spanish-speaking officers. Section 6. Compensation for Lieutenants and Commanders a) Lieutenants and Commanders shall be compensated on a salary basis and are exempt employees for purposes of overtime compensation under applicable federal law. The parties further agree that the Lieutenants and Commanders accept their salaries as inclusive of any and all overtime compensation. b) Lieutenants permanently assigned to an evening shift in Patrol shall be paid an additional stipend of three hundred dollars ($300.00) per month. Lieutenants assigned to a Patrol Area Command who are assigned to an evening shift for a twenty-eight (28) calendar day cycle, when the shift begins at or after 12:00 p.m., shall be entitled to three hundred dollars ($300.00) per month. 12  c) Lieutenants permanently assigned to a night shift in Patrol shall be paid an additional stipend of three hundred fifty dollars ($350.00) per month. Lieutenants assigned to a Patrol Area Command who are assigned to a night shift for a twenty-eight (28) calendar day cycle, when the shift begins at or after 5:00 p.m., shall be entitled to three hundred fifty dollars ($350.00) per month. d) Shift differential is not stackable and an Officer shall only be eligible for evening or night pay, not both. Section 7. Assistant Chiefs The Chief of Police has the right to set wages and benefits for the Assistant Chiefs, subject to the approval of the City Council as a part of the budget. The Chief may designate one Assistant Chief as the Executive Assistant or Chief of Staff, whose pay and benefits may be different than the other Assistant Chiefs. Additional performance pay may be awarded in the Chief's discretion. Section 8. Clothing Allowance During the term of this AGREEMENT, the clothing allowance shall be five hundred dollars ($500.00) per year for all Officers deemed eligible by the Chief, with a payment schedule to be determined by the Chief. Section 9. Education and Certificate Pay An Officer shall be entitled to either Certificate pay or Education pay, at the highest qualifying rate, but shall not be entitled to both. Education pay shall only be payable for degrees from a school or institution that is an accredited college or university. An accredited college or university is an institution of higher education that is accredited or authorized by the Accreditation Service for International Schools, Colleges & Universities or accreditors recognized by the U.S. Department of Education at the time the degree was issued. The Chief also, in their sole discretion, has the authority to consider a general statement of equivalency received directly from the Foreign Credentials Service of America in determining that a degree or college credit(s) may be considered to be from an accredited college or university. (Reference: TCOLE Rule 211.1(a)(3), as modified by the Commission from time to time). a) Certificate Pay (1) Each Officer holding an Intermediate TCOLE Certificate shall be paid fifty dollars ($50.00) per month. Each Officer holding an Advanced TCOLE Certificate shall be paid one hundred dollars ($100.00) per month. Each Officer holding a Master TCOLE Certificate shall be paid one hundred fifty dollars ($150.00) per month. (2) No Officer hired after March 25, 2001, will be eligible for Intermediate or Advanced Certificate pay. Certificate pay amounts at or above those set forth in this 13  AGREEMENT remain in effect, and this AGREEMENT continues the right of all Officers to qualify for or achieve Master Certification pay. b) Education Incentive Pay (1) Each Officer holding an Associate’s degree or sixty (60) hours of college credit shall be paid one hundred dollars ($100.00) per month. (2) Each Officer holding a Bachelor's degree shall be paid two hundred and twenty dollars ($220.00) per month. (3) Each Officer holding a Master’s degree and/or a doctorate shall be paid three hundred dollars ($300.00) per month. Section 10. Shift Differential The CITY shall pay an additional three hundred dollars ($300) per month to an Officer normally assigned to an evening shift for a twenty-eight (28) calendar day cycle, when the shift begins at or after 12:00 p.m. Only Officers working 50% or more of their shifts beginning at or after 12:00 p.m., in a twenty-eight (28) calendar day cycle, shall be eligible. The CITY shall pay an additional three hundred fifty dollars ($350) per month to an Officer normally assigned to a night shift for a twenty-eight (28) calendar day cycle, when the shift begins at or after 5:00 p.m. Only Officers working 50% or more of their shifts beginning at or after 5:00 p.m., in a twenty-eight (28) calendar day cycle, shall be eligible. Shift differential pay shall apply to all ranks up to and including Sergeant. This provision shall apply in lieu of the City policy applicable to shift differential for any other employees. Shift differential is not stackable and an Officer shall only be eligible for evening or night pay, not both. Section 11. Monthly Paid Compensation It is expressly understood and agreed that the CITY reserves the right to prorate and pay all monthly payments in biweekly equivalents. Any increase in pay pursuant to Sections 2 through 10 in this Article will be effective the second full pay period after the effective date of this Agreement or as otherwise provided for in this AGREEMENT. Section 12. Work Furloughs It is expressly agreed and understood that during the term of this AGREEMENT, employees covered by this AGREEMENT shall be exempt from any mandatory employee work furlough or other unpaid leave plan implemented by the CITY for the purpose of reducing base 14 wages paid to employees by reducing an employee’s normal work hours. This Section does not apply to disciplinary actions. Section 13. Severe Weather The Department shall adopt a policy regarding leave for Officers required to provide essential services during severe weather or other emergencies that is in compliance with existing state law. The Department shall also adopt a policy that includes a process whereby the Chief may implement emergency lodging and/or reimbursement during a severe weather event or emergency. Section 14. Officer Residency Incentive Pay a) The City Council may authorize Officer Residency Incentive Pay if the ordinance applies equally to each Officer who meets the criteria established by the ordinance. b) The Residency Incentive Pay shall be in an amount and is payable under conditions, requirements and criteria set by the ordinance. Residency Incentive Pay is in addition to the base salary received by Officers. c) The Chief of Police is not eligible for the Residency Incentive Pay authorized by this Section. d) To the extent of any conflict between this Subsection and portions of any state statute, local ordinance, City or Department policy, including but not limited to Texas Local Government Code §143.041, the provisions of this Subsection shall preempt such statute, local ordinance, City or Department policy only to the extent of such conflict. Section 15. Patrol Stipend Effective with the first pay period after October 1, 2025 upon reaching four (4) years of seniority Officers, Corporals, and Sergeants who are assigned to a Patrol Division for a twenty- eight (28) calendar day cycle in the following sectors and shifts: Adam, Baker, Charlie, David, Edward, Frank, George, Henry, and Ida – 100’s, 200’s, 300’s, 400’s, 500’s, 600’s, 700’s, 800’s, 900’s and 1100’s, (This does not include any specialized or support units) shall be paid a patrol stipend of $175 per month, and upon reaching eight (8) years of seniority shall be paid a patrol stipend of $200 per month, and upon reaching twelve (12) years of seniority shall be paid a patrol stipend of $250 per month. Section 16. Recruitment/Retention Incentive The City is authorized to develop and implement recruitment and/or retention incentive program(s) outside of this Agreement, and such payments shall not violate the equal payment provision in TLGC 143.041. 15 Section 17. Implementation and Testing New Human Capital Management System The parties understand that the City of Austin will be implementing a new human capital management system. To ensure a smooth transition, the City will provide the Association with 30 days’ notice prior to the effective start date for implementation. The parties agree to work in good faith to resolve any issues that may arise in a timely fashion. 16  ARTICLE 8 OVERTIME, ON-CALL, COURT TIME AND CALL BACK Section 1. Overtime a) For purposes of computing overtime, all approved paid leave time, other than sick leave and vacation leave, shall be calculated as hours worked. b) There shall be an exception to this Section if the Chief of Police in their sole discretion determines that the needs of Department necessitate allowing vacation time to be calculated as hours worked under specific circumstances of overtime work shortages including, but not limited to, other special events as determined by Chief. c) Except for assignments reimbursed by a federal or state agency, officers shall receive a premium rate of pay in addition to their base hourly rate equal to one-half of the officer’s FLSA regular rate of pay for all hours worked on assignments contracted by a source outside the City, regardless of the number of hours the officer has worked in that work week. d) Nothing in this article shall prevent the Department from paying a premium pay rate for overtime hours worked if the Chief deems it necessary for such a rate to be paid to incentivize volunteers for certain overtime shifts as determined by the Chief. e) Policies exercised pursuant to this Article may not be changed or rescinded without prior electronic written notice to the Association. Section 2. On-Call Status a) The City will allow ten (10) hours of comp time per week for any non-exempt Officer on call, as defined by Department policy implemented by the Chief. b) Officers placed on “court call” while under subpoena to court for two or more consecutive calendar days, shall not be eligible under the prior sentence, but shall receive one (1) hour of additional comp time per day for each regularly scheduled day off or pre-approved leave day. c) The term “comp time” may change with the inclusion of a new human capital management system per Article 7, Section 17, but the underlying policy for such time will remain the same. Section 3. Court Time a) An Officer who attends court more than one hour before the start of their regularly scheduled shift shall receive a minimum of three (3) hours compensation at time and one half. (e.g. If the Officer is assigned to work from 9:00 a.m. till 7:00 p.m., and they must attend municipal court at 7:00 a.m. the same day, the Officer is entitled to three (3) hours of overtime). b) If the Officer attends court one hour or less before the start of their regularly scheduled shift, the Officer shall receive one (1) full hour of compensation at time and one half. 17 (e.g. if the Officer’s shift starts at 9:00 a.m., but they must attend municipal court at 8:00 a.m. or later, the Officer shall receive one full hour of overtime). c) An Officer who attends court after their regularly scheduled shift has ended shall receive a minimum of three (3) hours compensation at time and one half. (e.g. If the officer is assigned to work from 10:00 p.m. till 8:00 a.m., and they must attend municipal court at 8:00 a.m. the same date, the Officer is entitled to three (3) hours of overtime). d) If the Officer’s court assignment begins during their regularly scheduled shift but continues beyond their normal duty hours, the Officer will only be entitled to the actual amount of overtime hours worked. (e.g., If the Officer is assigned to work from 10:00 p.m. till 8:00 a.m., and if the Officer’s court assignment begins at 7:30 a.m. and the Officer is not dismissed from court until 9:00 a.m., the Officer shall receive only one (1) hour of overtime). Section 4. Call Back a) Non-exempt Officers who are off-duty and receive notification to return to duty status one hour or less before the start of their regularly scheduled shift shall receive one (1) full hour of compensation at time and one half. b) Non-exempt Officers who are off-duty and receive notification to return to duty status shall receive a minimum of three (3) hours of compensation at time and one half when notified to return to duty status: (1) After the conclusion of their regularly scheduled shift, or (2) More than one (1) hour before their regularly scheduled shift. c) Non-exempt Officers who are off-duty and receive notification to return to duty status shall receive only fifteen (15) minutes of compensation at time and a half should the callback be cancelled within fifteen (15) minutes of the notification, or the actual time spent completing the assignment last no more than fifteen (15) minutes. 18  ARTICLE 9 SPECIAL LEAVE PROVISIONS Section 1. Emergency Leave Each Officer may utilize up to forty (40) hours of paid emergency leave for a death in the immediate family as defined in the City of Austin personnel policies. Section 2. Sick Leave Donation a) If an employee is in danger of having used all accrued time (vacation, sick, etc.) due to a serious illness or injury, as defined by the FMLA, Officers may voluntarily donate up to forty (40) hours of vacation or sick leave to the ill or injured employee to avoid loss of pay. No Officer shall be permitted to bank more than four hundred (400) hours of such donated leave within any twelve (12) month period of time. Donated leave may only be used for the employee to whom the leave was donated. In the event that all of the donated leave time is not used, the City shall not be obligated to make any redistribution of banked hours to the donors. The remaining unused donated amount shall not be paid on separation. b) For purposes of Section 2 of this Article, “employee” shall mean any City of Austin employee except a Chapter 143 civil service employee of the Fire Department or the EMS Department. Section 3. Payment of Sick Leave on Separation a) For Officers hired on or before the effective date of this Agreement with at least sixteen (16) years of actual service who separate in good standing, separation pay for accrued sick leave will be paid as follows: 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. Except as provided in the following paragraph, the maximum accrued sick leave payable will be 1400 hours. The maximum accrued sick leave payable will be increased to 1700 hours if, in addition to the above requirements, the Officer has not used more than 80 hours of sick leave in either of the two prior twelve month periods before the date of separation, and has not used more than 120 hours cumulative in the prior 24 month period before the date of separation. The Chief shall have the right to grant hardship approval for use of leave above these amounts on the basis of actual documented medical conditions or treatment justifying the absence. For former PSEM officers, the sixteen (16) years requirement under section 3(a) shall be calculated using total City of Austin years of service, not strictly years of service at APD. b) For Officers hired after the effective date of this AGREEMENT with at least sixteen (16) years of actual service who separate in good standing, accrued sick leave will be payable at the maximum amount of 900 hours. 19 Section 4. Administrative Leave Officers may be granted Administrative Leave based on participation in a CITY or departmental program that awards Administrative Leave to program participants or for any purpose or event authorized by the Chief. Section 5. Military Leave Officers who are responding to orders of the U.S. Armed Forces will be granted up to one hundred and fifty (150) hours of paid military leave per federal fiscal year (October 1 through September 30). Section 6. Preemption Officers shall be entitled to Special Leave as provided in this Article and as provided and defined by City of Austin and APD policy and procedure as of the effective date of this AGREEMENT. Such entitlements shall not be changed during the term of this AGREEMENT, and shall totally preempt any provisions for leave under Chapters 141, 142, and 143 of the Local Government Code. 20  ARTICLE 10 HOLIDAYS, VACATION AND SICK LEAVE Section 1. Christmas and Thanksgiving Holiday All non-exempt hourly Officers whose shift begins on December 25 shall be paid time and one half their regular hourly rate for all hours actually worked for the entire shift. Exempt Officers who are required by their immediate supervisor to work on Christmas shall be paid a holiday stipend pursuant to CITY policy. Additionally, beginning with FY 26, all non-exempt hourly Officers whose shift begins on the fourth Thursday of November shall be paid time and one half their regular hourly rate for all hours actually worked for the entire shift, unless they are receiving any premium pay under another provision of this Agreement. Exempt Officers who are required by their immediate supervisor to work on Thanksgiving shall be paid a holiday stipend pursuant to CITY policy. Section 2. Seniority Standards The CITY shall provide by policy for the application of seniority standards on use of Holidays and Vacation, but agrees that any policy will apply equal standards, either department- wide or division-wide. Section 3. Vacation Accrual Rate All Officers shall accrue regular vacation leave at the rate of 6.25 hours for each pay period in which benefits accrue. Section 4. Accrual Caps for Vacation and Exception Vacation a) Officers may accrue up to four hundred (400) hours of vacation and up to one hundred sixty (160) hours of exception vacation. The maximum hours of vacation payable upon separation shall continue to be two hundred forty (240) hours of vacation and one hundred sixty (160) hours of exception vacation, in accordance with City policy. b) It is the Officer’s responsibility to ensure that the vacation and exception vacation balances remain at or below the accrual caps. Hours in excess of the caps will not accrue and no Officer will receive financial compensation for any hours in excess of the cap. Section 5. Sick Leave Accrual Rate All Officers shall accrue sick leave at the rate of 6.08 hours for each pay period in which benefits accrue. 21 Section 6. Preemption Officers shall be entitled to Holiday, Vacation and Sick Leave as provided in this Article and as provided and defined by City of Austin and APD policy and procedure during the term of this AGREEMENT. Such entitlements shall totally preempt any provisions for leave under Chapters 141, 142, and 143 of the Local Government Code. 22  ARTICLE 11 ASSOCIATION BUSINESS LEAVE Section 1. Definitions As used in this Article: a) “Association Business” means time spent in Meet and Confer negotiations; administering the terms of this AGREEMENT, including the adjusting of grievances and participating in a dispute resolution process; representing members in a disciplinary process (to the extent allowed by this AGREEMENT); and attending the annual union conferences and Executive Board meetings, the ASSOCIATION’S Executive Board meetings, regular ASSOCIATION business meetings and ASSOCIATION seminars and workshops (subject to the provisions of Section 4 below). Section 2. Establishment of Association Business Leave Time Pool a) Each year during the term of this AGREEMENT, during the first ten (10) days of the calendar year, the CITY will contribute 7,000 hours of Association Business Leave (ABL) to a pool of leave time which may be used in accordance with this Article. The CITY will track deductions from the pool as ABL is used. b) Any pool hours remaining at the end of a calendar year will remain in the pool to be utilized in the following year. Hours of leave in the pool shall never have any cash or surrender value. Section 3. Use of Association Business Leave a) ASSOCIATION President (1) The ASSOCIATION President may use ABL for any lawful activity consistent with Association Business, except as specifically prohibited by this AGREEMENT. (2) The ASSOCIATION President may be permitted up to 2080 hours of ABL per year, in accordance with Section 3 a)(1) above. Otherwise, use of ABL by the ASSOCIATION President may be denied or revoked only in the event of an emergency situation. The Association President will be returned to ABL status after the emergency situation ends. b) ASSOCIATION Board Members and Committee Chairs (1) ASSOCIATION Board Members and Committee Chairs may use ABL to conduct Association Business as authorized in this Article. Board Members and Committee Chairs may also use ABL for special events that support the mission of the Department or Association Business, but do not otherwise violate the terms of this Article. The practice of addressing cadet classes twice during cadet training, with approval of the time and content by the Chief, shall continue through the duration of this AGREEMENT. Such time spent addressing cadet classes 23 shall be deducted from the Pool. This provision does not exclude the Chief from approving other individuals or groups to address cadet classes at their discretion, but excluding groups that seek to represent Officers regarding wages, hours and other conditions of employment. (2) ASSOCIATION Board Members and each of the standing Committee Chairs may each be authorized to utilize up to four hundred hours (400) hours of ABL from the Pool during the year. (3) Subject to the Chief’s operational control and approval, three (3) Board Members, or Committee Chairs may be authorized to use more than four hundred (400) hours of ABL from the pool during the year. No more than one-half (1/2) of the hours specified in this Subsection may be utilized for legislative and/or political activities as limited by Section 4. If ABL for such Board Members(s) or Committee Chair(s) is revoked for any reason other than an emergency situation, the ASSOCIATION President may meet with the Deputy City Manager or the Assistant City Manager over public safety to review such action. The timeline for filing a grievance, if any, shall be tolled until such review has been completed. (4) Effective October 1, 2025, subject to the Chief’s operational control and approval, a total of four (4) Board Members or Committee Chairs may be authorized by and subject to subsection (3) above, to use more than four hundred (400) hours of ABL from the pool during the year. c) ASSOCIATION Members The ASSOCIATION may request approval for the use of additional ABL for ASSOCIATION members. Any use of additional ABL will be solely at the Chief's discretion. d) Accounting for ABL All Officers shall account for all ABL taken through the Chief’s office, and such time shall be subtracted from the Association leave pool. There shall be no entitlement for overtime pay for any hours worked on ABL. Such hours shall be counted toward FMLA eligibility. e) Officer Conduct While on ABL While on ABL, all Officers shall abide by the policies, rules, regulations, procedures, and directives of the Austin Police Department. ABL may be revoked for violations of such policies, including but not limited to acts that bring discredit to the Department or to the CITY, that tend to adversely affect the confidence of the public in the integrity of the Department, or improperly damages or impairs the reputation of the Department. The CITY recognizes the ASSOCIATION’s prerogative to publicly express interests related to the wages, rates of pay, hours of employment, or conditions of work affecting the members of the ASSOCIATION. The CITY further recognizes that from time to time, the interests of the ASSOCIATION may not be shared by the Department or CITY. Expression of such interests in a manner consistent with the philosophy and values of the Department will not be considered to be a violation of this Subsection. 24  f) Temporary Vacancy (1) In their sole discretion, the Chief of Police may determine that the continuous absence from duty of more than three months due to the usage of ABL creates a vacancy in the affected Officer’s rank, but shall not expand the size of the classified service. When the Officer whose absence created the vacancy returns to active duty, thus creating a surplus in their rank, the last person promoted to that rank will be demoted to the next lower classification and placed on the reinstatement list with such rights as prescribed by this Article. (2) The same result applies to all other promotions in the lower ranks which resulted from the first promotion and subsequent demotion. (3) There shall be only one reinstatement list for each rank for persons demoted by virtue of this Section. Any person placed on the reinstatement list shall remain on the list indefinitely. Persons on the list shall be entitled to reinstatement to the rank from which they were demoted in the same order as the demotion occurred. This results in the last demoted at that rank being the first reinstated. Reinstatements must occur off of the reinstatement list for that rank before any promotional eligibility list. Until such reinstatements occur and the reinstatement list is exhausted, there shall be no “vacancy” created at that rank for the purpose of any promotional eligibility list. Section 4. Use of ABL for Legislative/Political Activities a) It is specifically understood and agreed that ABL shall not be utilized for legislative and/or political activities at the State or National level, unless they relate to the wages, rates of pay, hours of employment, or conditions of work affecting the members of the ASSOCIATION. At the local level, the use of ABL for legislative and/or political activities shall be limited to raising concerns regarding officer safety. ABL shall not be utilized for legislative and/or political activities related to any election of public officials or City Charter amendments. ABL shall not be utilized for legislative and/or political activities that are sponsored or supported by the ASSOCIATION’s Political Action Committee(s). b) It is specifically understood and agreed that no ABL shall be utilized for legislative and/or political activities at the local, state, or national level that are contrary to the CITY's adopted legislative program. No ABL shall be utilized for activities prohibited by Section 143.086 of Chapter 143 or by the Texas Ethics Commission. Nothing contained in this Subsection is intended to prohibit an Officer from using vacation time to engage in legislative and/or political activities. Section 5. Request for ABL All Association Business Leave will be requested in writing to and approved by the ASSOCIATION President and submitted in advance for final approval by the Chief in accordance with this Article. The Chief may waive the requirement that the request and approval be in writing. Requests for use of ABL shall be made as far in advance as is practicable. 25 Section 6. Effect of Contract Expiration The provisions of this Article shall remain in full force and effect after expiration of this AGREEMENT until the earlier of the date a successor agreement has been reached, or twenty-four (24) months after expiration of this AGREEMENT. In no event shall this Article continue in effect after September 30, 2031. 26  ARTICLE 12 ASSOCIATION COMMUNICATION Section 1. Association Access to Bulletin Boards, Cell Phones The ASSOCIATION's access to CITY facilities and equipment to communicate with its membership shall include the use of one (1) bulletin board, or electronic messaging system, installed at each substation and satellite office, one (1) bulletin board, or electronic messaging system, in other locations agreed to by the ASSOCIATION and the Chief, and individually assigned Departmental cell phones. Use of cell phones shall be in accordance with written Departmental policy, or shall otherwise be approved in advance by the Chief’s office. Use of department equipment to create or send email on ASSOCIATION business is not allowed. The design and placement of the bulletin boards or electronic messaging system shall be approved in advance by the Chief or their designee. Any such bulletin board or electronic messaging system shall be provided by, maintained by, and paid for by the ASSOCIATION. Section 2. Guidelines for Association Bulletin Boards The following guidelines shall apply to materials posted on the bulletin boards or electronic messaging system. a) There shall be no personal attacks or inflammatory statements. b) All materials shall be directed toward dissemination of ASSOCIATION information. c) Any concerns about the content of posted material shall be brought to the attention of the ASSOCIATION's President for review and adjustment as soon as the concerns are noticed. The Chief shall direct the objectionable material to be removed from the bulletin board until final determination. d) Such bulletin boards and electronic messaging systems are subject to City and Department policies and shall be used only for general informational purposes from the Association to its membership. They are not intended to be utilized for issues that could have an adverse impact on the City and/or Department or opinions such as those related to ongoing bargaining, grievances, complaints or lawsuits. The bulletin boards or electronic messaging systems also shall not contain political statements including endorsements, whether at the association, local, state or federal level. 27  ARTICLE 13 PROMOTIONS Section 1. Corporal/Detective a) Eligibility (1) A Police Officer shall be eligible to sit for the Corporal/Detective promotional examination after completing four (4) years of continuous service in the rank of Police Officer immediately before the date of the written examination from the date of initial commission with APD. (2) The job description for the Corporal/Detective rank shall include acting as a supervisor when a Sergeant is not available, conducting assigned investigation and other duties as determined by the Chief and set out in the job description and general orders. (3) Any Corporal/Detective designated to perform duties as an acting Sergeant, shall be entitled to higher classification pay under the same criteria set forth in Department policy then applicable to any other supervisor temporarily working in the next higher rank. (4) Positions in the rank of Corporal/Detective shall be filled from an eligibility list created by a promotional procedure consisting of a written examination conducted in accordance with this Article. (5) There shall be no minimum score requirements for the written test. b) Scoring For the rank of Corporal/Detective the eligibility list shall be calculated as follows: Written Examination Points: (See Section 5) Maximum Exam Points 100 Maximum Education Points 3 Master Peace Officer 1 Maximum Seniority Points +15 Total Maximum Points: 119* * Formula shall be carried to 3 decimal points and rounded up from.0005. Police Civil Service tie-breaking rules will be applied if necessary. c) Seniority / Time in Rank 28  Each Officer shall be entitled to up to a maximum of fifteen (15) seniority points to be added to the written exam score, equivalent to one (1) point per year of service, which shall be prorated for partial years. d) Education Points (1) The following education points shall be added to each candidate’s score, in accordance with the accreditation standard referenced in Article 7, Section 9 for education incentive pay. No cumulative points shall be allowed for more than one degree or certification. (i) Add.5 point for 60 college hours (ii) Add 1.0 point for Bachelor Degree (iii) Add 2.0 points for Master’s Degree (iv) Add 3.0 points for Doctorate Degree (2) It is the responsibility of the Officer seeking education or certification points to ensure that the Training Academy has the necessary supporting documentation for education or certification points. The documentation must be received by the Training Academy no later than 5:00 p.m. on the seventh (7th) business day before the written examination is administered. No education or certification points will be counted unless proper documentation is timely received by the Training Academy. e) Master Peace Officer Certificate (1) One (1) point shall be added to each candidate’s score for having a TCOLE Master Peace Officers certification. Section 2. Sergeant and Lieutenant a) Promotional Procedure for Rank of Sergeant and Lieutenant (1) Positions in the rank of Sergeant and Lieutenant shall be filled from an eligibility list created by a promotional procedure consisting of a written examination and an Assessment Center conducted in accordance with this Article. There shall be no minimum passing score for the written examination but there shall be a minimum passing score of 70% of the cumulative Written Examination and Assessment Center. A candidate failing to meet the minimum cumulative score shall not move forward in the process. (2) A Corporal/Detective or a Sergeant becomes eligible for promotion to the next immediate level after two (2) years in rank. b) Scoring After the Assessment Center scoring has been completed for the rank of Sergeant and Lieutenant the eligibility list shall be calculated as follows: 29  Written Examination Points: Assessment Center Maximum Exam Points 100 Maximum Points 100 PROMOTION ELIGIBILITY LIST FORMULA Written examination points The written examination score x.50 adjustment factor for the ranks of Sergeant or Lieutenant + The Assessment Center Points x.50 adjustment factor for the ranks of Sergeant or Lieutenant + Time in Rank Points + Education Points = Total points for promotion list* There shall be a minimum passing score of 70% of the cumulative Written Examination and Assessment Center prior to any time in rank or education points being added. A candidate failing to meet the minimum cumulative score shall not move forward in the process. *Formula shall be carried to 3 decimal points and rounded up from.0005. Police Civil Service tie-breaking rules will be applied if necessary. c) Time in Rank Points Each Officer testing for the rank of Sergeant shall be entitled to up to a maximum of seven (7) Time in Rank points to be added to the final score, equivalent to one (1) point per year of service at the current rank at the time of testing, which shall be prorated for partial years. Each Officer testing for the rank of Lieutenant or Commander shall be entitled to up to maximum of five (5) Time in Rank points to be added to the final score, equivalent to one point per year of service at the current rank at the time of testing, which shall be prorated for partial years. d) Education Points (1) The following education points shall be added to each candidate’s score. These points shall be added to the final score in accordance with the point formula below, and shall only apply to college degrees from an accredited college or university, meeting the accreditation standard referenced in Article 7 Section 9 for education incentive pay. No cumulative points shall be allowed for more than one degree or certification. (i) Add.5 point for 60 college hours (ii) Add 1.0 point for Bachelor Degree 30  (iii) Add 2.0 points for Master’s Degree (iv) Add 3.0 points for Doctorate Degree (2) It is the responsibility of the Officer seeking education or certification points to ensure that the Training Academy has the necessary supporting documentation for education or certification points. The documentation must be received by the Training Academy no later than 5:00 p.m. on the seventh (7th) business day before the written examination is administered. No education or certification points will be counted unless proper documentation is timely received by the Training Academy. Section 3. Commanders a) A Lieutenant becomes eligible for promotion to the next immediate level after two (2) years in rank; and any test posted after December 31, 2024, eligibility shall additionally be based upon completion of all promotion phases outlined in the Commander promotion pilot program outlined in this Article. b) Mentorship Program: The parties agree it is in the best interest of the Department to establish a mentorship program in which those currently holding the rank of Lieutenant who wish to promote to the rank of Commander are given the opportunity for mentorship by a current Commander. The mentorship program shall be loosely structured to ensure each potential candidate can receive specific guidance unique to their professional history, experience, and career goals. Participation in the mentorship program is not required for promotion. The department shall appoint one sworn individual to facilitate mentor assignments and ensure equitable access to all candidates wishing to participate. c) Promotion Procedure for Rank of Commander: The parties mutually agree on the vital importance of ensuring those Officers chosen for leadership roles in the Department embody the qualities, characteristics, and experience necessary to effectively lead and mentor those placed in their charge. It is the goal of the parties to establish a comprehensive promotional system that facilitates candidate access to leadership development opportunities, encompasses thorough vetting, and ensures equal opportunity to all qualified candidates. (1) The parties agree to utilize a new pilot promotional process for the rank of Commander for any test posted after December 31, 2024. This process shall specifically override TLGC Chapter 143.054 in its entirety. (2) Positions in the rank of Commander shall be filled from an eligibility list created by a promotional procedure consisting of four phases: Leadership Development Program Written examination Assessment center Review Panel (3) Promotion phases: 31  (a) Leadership Development Program (LDP): There shall be an LDP established by the Department, with input from a Labor Management Committee as established by the Chief. The Labor Management Committee shall include, at minimum, one (1) representative appointed by the ASSOCIATION. All ultimate decisions and minimum requirements of the LDP shall be at the sole discretion of the Chief or their sworn designee. Candidates that do not meet the minimum requirements set forth by the Chief or their designee will not be permitted to proceed to the next phase of the promotion process. a. The parties mutually agree to establish a Labor Management Committee within sixty (60) days of execution to this AGREEMENT for the purpose of establishing the Leadership Development Program curriculum parameters. i. The committee shall establish curriculum parameters that include reading assignments, writing assignments, and if appropriate examinations. ii. The committee shall outline the goals of the course, expectations of participants, and a general overview of topics to be covered. iii. This program shall operate separately from the Training Academy and the staff associated therewith; however, record-keeping and TCOLE communications shall be maintained through the Training Academy. b. The Chief of Police or their sworn designee shall have final approval of the Leadership Development Program curriculum. i. The candidate’s performance in the Leadership Development Program will be evaluated on a pass/fail basis using usual and customary metrics in educational evaluations. These metrics may include, but not be limited to, attendance, participation, and completion of assignments. Failure of this component will prohibit a candidate from moving forward in the promotional process. Passing of this component will not add to or diminish the overall promotion score. c. Both parties agree to use best efforts to ensure that this process is completed in time for members to be able to complete such Program prior to the 2025 testing cycle, however, if same is not complete, this shall not be a prerequisite to promotion for that cycle. After the 2025 testing cycle, completion of the LDP will be a prerequisite to sit for the written examination. d. There shall be a minimum passing score of 70% of the cumulative Written Examination and Assessment Center prior to any time in rank or education points being added. A candidate failing to meet the minimum cumulative score shall not move forward in the process. (d) Review Panel – The final phase of the promotion process shall consist of an evaluation of the candidate’s professional history, experience and achievements. The evaluation 32 will be conducted by the Review Panel and be based upon the candidate’s resume and oral presentation. The Department will provide candidates with a standardized format in which all candidates will submit their resume. The resume shall be submitted no later than ten (10) calendar days prior to the convening of the Review Panel. The Review Panel shall consist of five (5) sworn members. The members shall be appointed as outlined below and can be of any rank and/or assignment. To ensure equity in appointment of board members the parties agree to the following: Four (4) members shall be appointed by the Chief or their designee; at the request of the candidate, one of these appointees may be their department assigned mentor One (1) member shall be appointed by the President of the Association ii. The panel shall be provided with each candidate’s resume for prior review. iii. Each candidate shall be given no more than ten (10) minutes to make an oral presentation outlining their career, achievements, personal accolades, and professional goals. The presentation shall be made in person without the use of electronics or other demonstrative tools. The candidate may reference notes or other personal writings during the presentation iv. The panel shall give each candidate a numerical score from 1 – 100. The highest and lowest scores will be removed, and the remaining three scores shall be averaged to obtain a numerical value for their “Review Panel” score. The parties mutually agree to establish a comprehensive and equitable scoring system for utilization by the Review Panel. (e) Final mathematical promotion score – the final promotional score for each candidate shall be calculated as: Written Examination – 45% (test score x.45) Assessment Center – 45% (AC score x.45) Review Panel Score – 10% (RP score x.1) All candidates will then be placed on an eligibility list in a manner consistent with promotions at the rank of Sergeant and Lieutenant utilizing the additional point structure as shown in Section 2 c and d above. (4) Following promotion to the rank of Commander from any list certified after January 1, 2025, the promoted member will serve a probationary period of six (6) months, during which time they will be evaluated on a monthly basis by the Assistant Chief to whom they directly report. The monthly evaluation will be completed using a standardized form with performance expectations established by the Chief. The evaluation shall be completed in writing and signed by such Assistant Chief and such member. In the event the Assistant Chief identifies deficiencies in performance 33 expectations, the Assistant Chief shall counsel the promoted member on ways to improve performance. If at the conclusion of the probationary period, or any extension thereof, it is determined a promoted member has met the performance expectations, they will no longer be on probation. (5) In the event it is determined a promoted member is unable to satisfactorily meet the standards established by the Chief for the rank of Commander, the Chief may: 1. Extend the probationary period; or 2. Refer such member to the Demotion Review Board for consideration of demotion. a. Should the Chief refer a member to the Demotion Review Board, the Chief shall convene a five (5) member committee to evaluate the circumstances and determine if demotion is appropriate. The Demotion Review Board shall be comprised of one (1) member appointed by the Association and four (4) members appointed by the Chief, to include a civilian employee of the City. b. Such referral shall be accompanied by a written statement by the Chief stating the reason(s) for the referral, with a copy to the member. The member shall be offered an opportunity to provide a written statement to the Demotion Review Board within five (5) business days of the referral. Such statement may include a request for voluntary demotion should the member so desire. c. Should there not be a voluntary demotion request, the Demotion Review Board shall consider the written statement by the Chief and the written statement by the member. The member shall have the opportunity to be interviewed by the Demotion Review Board prior to a determination whether or not to demote. The Demotion Review Board may additionally request that the Chief and/or any other relevant supervisory party be interviewed to discuss such referral. d. The Demotion Review Board shall determine by a majority vote whether the member shall be demoted, their probationary period extended, or has successfully completed probation. (6) Demotion Procedure (a) An employee who is demoted pursuant to this section shall be placed in the same classification, or its equivalent, that the employee held before the promotion. (b) Any demotion under this Section shall not be considered a disciplinary demotion and shall not be subject to appeal or grievance by the employee. When the employee being demoted herein returns to their prior rank, the person who filled the most recent vacancy at that rank shall be the one who is demoted to the next lowest classification and placed on a reinstatement list, with such rights as prescribed in this Article. 34  (c) The same result applies to all other promotions in lower ranks which resulted from the first promotion and subsequent demotion. (7) After successful completion of the probationary period, any demotion shall be in accordance with Local Government Code, Chapter 143. Section 4. Written Examination to the Rank of Corporal/Detective, Sergeant, Lieutenant, and Commander All candidates for the ranks of Corporal/Detective shall take a written examination. All candidates for the ranks of Sergeant, Lieutenant, and Commander shall first take and pass a written examination. The maximum score for the written examination shall be one hundred (100) points. The written examination shall consist of questions relating to the duties of the rank to be filled, as contained in reading material selected as described in this Section. The CITY may engage an independent consultant to professionally develop the written examination questions after consultations with the Director of Civil Service. The CITY will make a reasonable effort to have the written examination validated. The examination may be validated before or after the examination is given. Prior to being administered, the finalized examination shall be kept in a safe and secure manner. A materials selection committee (MSC) shall be established annually. All but one (1) of the MSC members shall be chosen by the Chief of Police. The remaining member shall be chosen by the President of the APA and the selected Officer’s name shall be submitted in writing to the Chief of Police a minimum of ten (10) calendar days prior to the MSC’s first meeting. The APA’s selected member, along with the majority of the members selected by the Chief of Police shall be employees already at a rank minimally equivalent to the rank of the vacant position. The MSC shall have at least 30 calendar days to select materials that would be qualitative and relevant to the rank of the vacant position. The list of materials discussed within the MSC (including both materials selected and not selected shall be strictly confidential. The CITY shall make reasonable efforts to provide a six (6) month study time window prior to promotional examinations, but it is agreed that, at the discretion of the Chief, expiration or exhaustion of a list may be considered in his/her determination of whether an earlier examination is given. It is specifically, agreed that the Chief shall have the right to determine when an examination is given, regardless of the status of the prior list, notwithstanding anything to the contrary in Texas Local Government Code, Chapter 143. The amount of time provided for a promotional examination notice that is at least equivalent to the time prescribed in Section 143.029, Texas Local Government Code, is not grievable, may not be appealed either to the Fire and Police Civil Service Commission, hearing examiner, or to the district court. Section 5. Assessment Center Process for Promotion to the Ranks of Sergeant, Lieutenant, or Commander a) Prior to the written test being administered, the Chief shall determine how to establish assessment criteria based on job content and responsibility. The Director of Civil Service 35 will generate a list of consultants, and will review that list with the Chief, who will approve the list. The Chief shall also appoint three (3) members to serve on an Assessment Center Review Committee (ACRC) plus one (1) alternate. The ASSOCIATION shall also select three (3) individuals to serve on the ACRC and one (1) alternate. All ACRC members shall be selected from the tested rank or above. The ACRC shall meet and consider the list of consultants approved by the Chief and recommend an Assessment Center Consultant from the list, subject to Council approval, pursuant to City purchasing policies and procedures. b) After the Assessment Center Consultant has been selected, the Consultant will orient the ACRC. The Consultant will confer with both the Chief and the ACRC on the needs or issues affecting the design of the Assessment Center. Any input from the ASSOCIATION will be summarized by the ACRC and made available to anyone who requests it. The Consultant shall make all final decisions concerning the design and implementation of the Assessment Center. c) The consultant will design the Assessment Center which shall include some, if not all of the following exercises: In-Basket Problem Solving/Analysis Written and Oral Resumes/Structured Interviews Role-Playing Memo/Report Writing Oral Presentation/Plan Preparation Staff Meeting Special Event/Operations The consultant is not required to utilize all of the exercises, but may select the exercises or combine the listed exercises into one or more exercises that are best suited for the particular rank. d) The Consultant also selects the assessors for the Assessment who shall meet the following criteria: (1) Active duty, sworn officers of similar rank to the promotion, or above, from cities with a comparable population size to the City of Austin; (2) Shall not reside in Austin; (3) Shall not be related to any candidates for promotion; (4) Shall not be known to, beyond mere acquaintance, any candidates for promotion; (5) Shall have two (2) years of experience in the promoted or equivalent rank; and (6) Shall not be a current or former employee of the City of Austin. (7) Upon selection, shall be trained in the methods and best practices to be used in administering the test including, but not limited to recognition of implicit bias, expectations of their duties as assessors, including the required feedback 36  appropriate to allow the candidate to improve their Assessment Center test-taking skillset. e) The Consultant shall conduct an orientation for candidates prior to administering the Assessment Center. At least two (2) orientations shall be scheduled with one in the morning and one in the afternoon. The orientation will include comprehensive information describing the exercises as listed in c) above, that will be utilized in the specific assessment process. If an orientation is scheduled during an Officer's work time, they will be permitted to attend. f) The Consultant will select a panel consisting of five (5) members for the assessment. for each assessment. The panel selected by the Consultant will assess the candidates for the rank. Each member of the panel shall award up to one hundred (100) points to each candidate participating in the Assessment Center which shall be added together for the panel score. The assessment sessions will be recorded, and candidates may review their own session pursuant to procedures established by the Civil Service Director, provided that candidates are given up to four (4) hours, which may be provided in smaller increments of time, to review their assessment session. The Civil Service Director shall make blocks of time available for Officers to review examination results for the Assessment Center from 8:00 a.m. to 5:00 p.m., and, in addition, shall provide at least two (2) evening options until 10:00 p.m. However, the Civil Service Director will not provide these time periods and the required staff unless the times are reserved in advance. Examination reviews will be conducted on the Officer’s off-duty time. Copies of the video recording will not be given to the candidate. Nothing in the Assessment Center process may be appealed either to the Firefighters’, Police Officers’ and Emergency Medical Services Personnel Civil Service Commission, hearing examiner, or the District Court. g) Eligible Officers who do not participate in the Assessment Center process without legitimate excuse shall be removed from the eligibility list. Section 6. Eligibility Lists for the Ranks of Corporal/Detective, Sergeant, Lieutenant, and Commander a) All promotional eligibility lists created under this Article shall be constructed, with the highest total score being ranked number one and descending in numerical order. b) Promotional eligibility lists for the ranks of Corporal/Detective, Sergeant, and Lieutenant shall be valid for twenty-four (24) months from the date the final eligibility list is initially posted. In the event of any occurrence which results in a change to the eligibility list, the changed list shall be effective on the day the original list was effective, even after termination of this AGREEMENT. In the event of a clerical or electronic error in computing the test scores, the expiration date of any promotional examination eligibility list may be amended by written agreement between the President of the ASSOCIATION and the City Manager. c) A promotional eligibility list for Commander created after the effective date of this AGREEMENT, but prior to July 1, 2025 shall be effective for fifteen (15) months from the date the list is initially posted. In the event of any occurrence which results in a change to the eligibility list, the changed list shall be effective on the day the original list was effective. A promotional list 37 for Commander created July 1, 2025 or later shall be effective for twenty-four (24) months from the date the list is initially posted. In the event of any occurrence which results in a change to the eligibility list, the changed list shall be effective on the day the original list was effective. In the event of a clerical or electronic error in computing the test scores, the expiration date of any promotional examination eligibility list may be amended by written agreement between the President of the ASSOCIATION and the City Manager. d) If a written promotional examination for a rank has been given prior to the expiration of this AGREEMENT, the promotional process for that rank may continue to completion, the expiration of this AGREEMENT notwithstanding, and the resulting eligibility list shall have a life of twenty-four (24) months from the date the final eligibility list is initially posted. In the event of any occurrence which results in a change to the eligibility list, the changed list shall be effective on the day the original list was effective, even after termination of this AGREEMENT. e) Once a promotional eligibility list has been established, the list shall be distributed to the Association and the Department concurrently. The Association may not disclose the contents of the list until either 72 hours after the receipt or after the Department posts the list, whichever occurs first. Section 7. Appeals Criteria Committee a) An Appeals Criteria Committee (ACC) will determine the criteria for what may be appealed to the Firefighters’, Police Officers’ and Emergency Medical Services Personnel Civil Service Commission following all written promotional examinations. The ACC shall establish appeal criteria which will be used for all written examinations held during the term of this AGREEMENT. The ACC, composed of seven (7) individuals, shall be appointed as follows: (1) Three (3) members appointed by ASSOCIATION, each having taken at least one (1) promotional exam; (2) Two (2) members appointed by the Chief of Police, each having taken at least one (1) promotional exam; (3) One (1) member appointed by the Director of Civil Service; and (4) One (1) member appointed by the Chair of the Police Civil Service Commission. b) A simple majority of the ACC shall approve the criteria. The Chief may reconvene the ACC if, after an eligibility list has been established, it appears that clarification or modification of the criteria is warranted. The criteria approved by the ACC shall not be appealable to the Police Civil Service Commission, a hearing examiner, or to District Court. Section 8. Appeal Process after Written Examination Within 72 hours after a promotional examination is held, the Commission shall send the individual raw scores by PID numbers only to the City Clerk’s office to be posted on the OCC 38 public notices page and on an electronic bulletin board located in the main lobby of the city hall. Any Officer who has taken a written promotional examination may, within seven (7) business days of the posting of the written promotional exam results, review his/her examination results. The process shall be established by the Director of Civil Service; provided, however, that each Officer who has taken a promotional examination may have up to four (4) hours to review his/her examination, write, and submit the appeal, if any, which must be based on the appeal criteria approved by the ACC. Once an appeal is filed, it shall be assigned a number and processed anonymously. The Officer may obtain a copy of his or her appeal. The Civil Service Director shall make blocks of time available for Officers to review examination results from 8:00 a.m. to 5:00 p.m., and, in addition, shall provide at least two (2) evening options until 10:00 p.m. However, the Civil Service Director will not provide these time periods and the required staff unless the times are reserved in advance. Examination reviews will be conducted on the Officer's off-duty time. There will be no appeal to the Civil Service Commission, a hearing examiner, or to the District Court of any facet of the examination review process. Section 9. Review by Employee Review Committee An Employee Review Committee (ERC) will be appointed to screen written examination appeals to the Civil Service Commission, applying the criteria established by the ACC to determine which appeals should be rejected because they do not meet the criteria. Assuring for diversity as is practical and possible the ERC shall be comprised of five (5) members as follows: a) Four (4) officers of the rank of the promotional exam or higher, two (2) each appointed by the ASSOCIATION and the Chief of Police; and b) One (1) member appointed by the Director of Civil Service. Appeals may advance from the ERC to the Civil Service Commission by a vote of a simple majority of the ERC. The ERC will not make any statement, assertion, or recommendation regarding the validity of an appeal or subsequent Civil Service Commission action. There will be no State District Court appeal of the ERC's examination appeal determinations or from the Police Civil Service Commission's written examination appeal decisions, except an appeal alleging the CITY's failure to validate the written examination. Section 10. Time Limit to Fill Vacant Positions It is expressly understood and agreed that the provisions in Chapter 143.036(d), 143.036(e) and 143.014(f) of the Local Government Code prescribing time limits for filling vacancies shall be followed from the date the vacancy occurs during the term of this AGREEMENT. Section 11. Committee on the Assessment Center Process The CITY and the ASSOCIATION shall each appoint two (2) persons to a committee that shall schedule a meeting with the participants in each Assessment Center process to discuss the strengths and weaknesses perceived by the participants, after completion of the process. The Committee may recommend changes in the procedures to the Chief. 39 Section 12. Military Promotions/Demotions The following changes are made to Sections 143.036 and 143.072 of the Texas Local Government Code: a) When an Officer is promoted as the result of a vacancy created by a military leave of absence, when the Officer on military leave returns to active duty in the Department, the person who filled the most recent vacancy at that rank shall be the one who is demoted to the next lowest classification and placed on a reinstatement list, with such rights as prescribed in this Article. b) The same result applies to all other promotions in lower ranks which resulted from the first promotion and subsequent demotion. c) All other provisions of Sections 143.036 and 143.072 not specifically changed by this AGREEMENT shall remain in effect. Section 13. Vacancy Created by Indefinite Suspension or Successful Appeal of a Promotional Bypass a) Notwithstanding any provision in this Article or any provision in Local Government Code Chapter 143, an indefinite suspension of an Officer (despite any pending appeal) shall create a vacancy, but shall not expand the size of the classified service. In the event that an indefinite suspension is overturned on appeal and the Officer is reinstated to active duty in the Department, or in the case of a successful promotional bypass appeal, the person who filled the most recent vacancy at that rank shall be the one who is demoted to the next lowest classification and placed on a reinstatement list, with such rights as prescribed in this Article. b) The same result applies to all other promotions in lower ranks which resulted from the first promotion and subsequent demotion. Section 14. Reinstatement List a) There shall be only one reinstatement list for each rank for persons demoted by virtue of Sections 12 and 13 of this Article and Article 17 Disciplinary Action of this Agreement. b) Any person placed on the reinstatement list shall remain on the list indefinitely. c) Persons on the list shall be entitled to reinstatement to the rank from which they were demoted in the same order as the demotion occurred. This results in the first demoted at that rank being the first reinstated. Reinstatements must occur off of the reinstatement list for that rank before any promotions from a promotional eligibility list. Until such reinstatements occur and the reinstatement list is exhausted, there shall be no “vacancy” created at that rank for the purpose of any promotional eligibility list. 40  d) Time spent on a reinstatement list shall not be considered a break in service for civil service purposes, including, but not limited to eligibility for future promotional examinations. Section 15. Bypass Promotional bypass will be in accordance with the provisions of Section 143.036 (f) and (g) included below for reference. a) Unless the Police Chief has a valid reason for not appointing the person, the Police Chief shall appoint the eligible promotional candidate having the highest grade on the eligibility list. If the Police Chief has a valid reason for not appointing the eligible promotional candidate having the highest grade, the Police Chief shall personally discuss the reason with the person being bypassed before appointing another person. The Police Chief shall also file the reason in writing with the commission and shall provide the person with a copy of the written notice. On application of the bypassed eligible promotional candidate, the reason the Police Chief did not appoint that person is subject to review by the commission or, on the written request of the person being bypassed, by an independent third-party hearing examiner under Section 143.057. b) If a person is bypassed, the person’s name is returned to its place on the eligibility list and shall be resubmitted to the Police Chief if a vacancy occurs. If the Police Chief refuses three times to appoint a person, files the reasons for the refusals in writing with the commission, and the commission does not set aside the refusals, the person’s name shall be removed from the eligibility list. Section 16. Vacancy A vacancy for promotional purposes is created when: 1. An officer retires; 2. An officer resigns; 3. An officer dies; 4. An officer is promoted; 5. An officer is indefinitely suspended; 6. An officer is on authorize military leave of absence; 7. When an officer is appointed to the rank of Assistant Chief; or 8. When a temporary vacancy occurs, at the Chief’s discretion in accordance Article 11, Section 3(f). Section 17. Effect of Contract Expiration The provisions of this Article shall remain in full force and effect for twenty-four (24) months after expiration of this AGREEMENT. 41  ARTICLE 14 HIRING PROCESSES Part A. Application of Chapter 143 Processes The ASSOCIATION, recognizing the CITY’s need for flexibility in the hiring of both experienced police officers and Cadets for the Department’s regular Training Academy program, hereby agrees to the deviations from Chapter 143 hiring procedures specifically authorized by this Article. Except as allowed by this Article, the CITY will comply with the hiring procedures specified in Chapter 143, and retains all prerogatives granted to it by the statutory procedures. Part B. Initial Hiring Process Section 1. Submission of Proper Application a) In order to be considered for the position of cadet, each applicant must first submit a proper application as defined by the Department. A proper application shall include, but not be limited to, information on personal history, criminal history, driving record and age. The information submitted shall be used by the Police Department to determine whether the applicant meets the minimum qualifications to proceed to the testing phase of the process. b) The Police Chief shall establish the eligibility requirements for applicants for the position of police cadet, consistent with Chapter 143 and this AGREEMENT. Section 2. Screening and Testing of Applicants a) The Police Chief will develop and implement the screening and testing procedures used to determine whether an applicant will be offered a position as a police cadet in a Police Academy class. The screening and testing procedures will include, at a minimum, a structured Oral Interview Board and a background investigation. Prior to implementation of screening and testing procedures, the ASSOCIATION shall be given the opportunity to provide input to the Chief. Nothing in this provision is intended to restrict the nature of the tests administered to applicants or the procedures used to administer those tests. b) Applicants who successfully complete all of the screening and testing procedures will be placed on an eligibility list per Department policy or procedure. Applicants on the eligibility list may be offered a position as police cadet in any upcoming Police Academy class. c) Each eligibility list created as a result of the process described in this Section shall remain effective for twenty-four (24) months after certification by the Civil Service Commission Director or designee. Section 3. Police Internship Program a) In a joint effort to promote diversity the City and Association agree that the Austin Police Department may create and implement a Police Internship Program for individuals who are 42 interested in becoming Austin Police Officers. Anyone hired into or volunteers to participate in the Police Internship Program must pass the same screening and testing procedures as applicants for the position of Police Cadet, either at the beginning, or at the end of their participation in the Program, and/or at the time they become eligible for placement on an eligibility list, at the discretion of the Chief. The duration of the Police Internship Program will be at least the equivalent of a college semester. b) Any intern who successfully completes the Police Internship Program shall be placed at the top of the current or next eligibility list for hire as a Police Cadet. Up to thirty-eight percent (38%) of each Police Academy class may consist of interns who successfully completed the Police Internship Program. Placement on eligibility lists under this section shall include any intern who completes an otherwise eligible internship program, even if it was begun prior to the effective date of this Agreement. If they are not eligible due to age, they will be placed at the top of the first eligibility list for which they are eligible and for which they remain otherwise eligible. If an intern remains enrolled as a full-time student, they shall be able to defer being placed on an eligibility list until completion of their then current course of enrollment. Section 4. Effect on Present Cadet Classes It is specifically understood and agreed that the hiring process set out in this AGREEMENT shall not apply to persons hired before the effective date of this AGREEMENT. Section 5. Probationary Period The “at will” probationary period of individuals filling beginning positions in the police Department shall begin, under this AGREEMENT, on the date the cadet receives his/her commission and shall end at the expiration of fifteen (15) months. The probationary period of any cadet that already holds a commission prior to entering the police academy shall begin on the date the officer receives their first assignment after successful completion of the academy, and shall end at the expiration of fifteen (15) months. However, any leave taken by a probationary police officer during this probationary time period, including but not limited to injury leave, FMLA leave, sick leave, shall extend this probationary period by the length of the leave taken. (Approved vacation leave other than FMLA will not so extend the probationary pe