THE CITY OF SAN ANTONIO, TEXAS AND THE SAN ANTONIO POLICE ASSOCMTIQN October'- 1, 2009 Through September 30, 2014 Preamble .. 9 ARTICLE 1 Duration .. 9 ARTICLE 2 De?nitions .. 9 ARTICLE 3 Association Rights .. 11 Section 1. Recognition. .. 11 Section 2. Payroll Deductions. .. 11 Section 3. Time Off for Association Business. .. 12 Section 4. Bulletin Boards. .. 13 Section 5.. Members of the Board of Directors. .. 14 Section 6. Addressing of Shift Roll Call Meetings, Iii?Service Training and Police Academy Cadet Classes. .. 14 ARTICLE 4 Management Duties to the Association .. 15 ARTICLE 5 Non-Discrimination by the Association . 16 ARTICLE 6 No Strike Clause .. 16 ARTICLE 7 Management Rights .. 17 ARTICLE 8 Maintenance of .. 13 ARTICLE 9 Labor Relations Committee .. 19 Section 1. Labor Relations Committee .. 19 Section 2. Labor Relations Subcommittees. .. 19 Section 3. Defense of Officials .. 19 ARTICLE 10 Safety and Equipment .. 20 Section 1. General. .. 20 Section 2. Preventive Vehicle Maintenance Program. .. 20 Section 3. Take?Home Cars .. 21 Section 4. Radios. .. 21 - Section 5. Soft Body Armor. .. 21 Section 6. Ammunition .. 22 Section 7. Labor Relations Committee as Equipment Advisory Committee. 22 Section 8. Reimbursement Procedures. 22 Section 9. Standardized Installation of Equipment. .. 23 ARTICLE 11 Promotions ..-. ..-. .. 23 Section 1. De?nitions 23 Section .2. Study Materials .- 24 Section 3. Promotion to. Detective Investigator, Sergeant, Lieutenant and Captain .. 26 Section 4. Requirements After Promotion 30 Section 5. Appointment to Deputy Chief .. .. 31 Section: 6-. Appointment. of Assistant Chief. 322' Section 7. Uniformed Evidence Detective Initiative .. 33 Section 8. 34 Section 9. Preemption .. 34 ARTICLE 12 Seniority .. 34 Section 1. Seniority De?ned. .. 34 Section Six-Month Requirement. .. 35 Section 3. ?All Other Things Being Equal? De?ned. 35 Section 4. Military or Duty-Connected Disability. .. 35 Section 5. Seniority Tie-Breaker. .. 35 Section 6. Certain Of?cer Transfer Rights .. 35 ARTICLE 13 Hours of Work .. 36 2 Section 1. General Provisions. .. 3 6 Section 2. Local Government Code Section 142.0015 Override. .. 37 Section 3. Non-Shift Schedules 37 Section 4. Break Periods .. 37 Section 5. Hours for Certain Patrol Division Units. .. 38 Section 6. Hours for Certain Units. .. 39 Section 7. Adjustment of Working Hours. .. 40 Section 8 41 ARTICLE. 14. City Property/Off-Duty Employment Of?ce 41 Section 1. Introduction. .. 41 Section 2. Off Duty Of?ce. .. 41 Section 3. Use of Sworn Personnel at City Facilities. .. 41 ARTICLE 1.5 Grievance- Procedure 44- Section 1. Scope of Procedure. .. 44 Section 2. Time Limits. 45 Section 3. Steps. .. .. 45 Section 4. Arbitration. 46 Section 5. Miscellaneous Provisions 47 ARTICLE 16 Wages .. 47 Section 1. Wage Schedule. .. 47 Section 2. Pyramiding. .. 49 Section 3. Shift Differential Pay .. 50 Section 4. Longevity Pay ..-. 50 Section 5. Standby Pay. .. 50 3 Section 6. Language Skills Pay. .. 51 Section 7. Helicopter Assignment Pay. ..-. .. 51 Section 8. Drug Recognition Experts. .. 51 Section 9. Volunteers in Policing. .. 51 Section 10. Overtime, Regular Rate, and other Pay Calculations. .. 51 ARTICLE 17 Death in Family Leave .. 53 ARTICLE 18 Court and Call?Back Pay .. 54 ARTICLE 19 Clothing Allowance .. .. 57 ARTICLE20 Holidays Section 1. Holiday Accrual ..-. .. .. 58 Section 2.. Hours of Holiday. .. 58 Section 3. Staffmg of Holidays. .. 58 Section ARTICLE 21 Vacations 59 ARTICLE 22 Miscellaneous Leave Provisions .. .. 59 Section 1. Leave Policies .. 59 Section 2. Leave Pay Upon Separation. .. 60 Section 3. Leave Buy Back. .. 60 Section 4. Bonus Hours Leave. 60 Section 5. Compensatory Time Accrual .. 61 Section 6. Holiday Leave Accrual. .. 61 Section 7. Leave Conversion. .. 61 Section 8. Savings ClauSe. .. 61 Section 9. Flex Relief Days .. 61 4 Section 10. Injury?on?Duty Leave. .. 62 Section 11. Jury .. 62 Section 12. Sick Leave Pool. .. 63 Section 13. Leaves of Absence .. 64- Section 14 Preemption .. 65 ARTICLE 23 Working in a Higher Classi?cation 65 Section 1. De?nitions. .. 65 Section 2. Acting In A Higher Position 66 Section 3. Temporary Investigative/ Undercover Assignment. 6.6- Section 4. Exceptions and Grievability. 66 Section 5. General. 67 ARTICLE 24 Police Cadet Hiring Guidelines 67 Section 1.. Submission. of- Proper Application. .67 Section 2. Testing of Applicants. .. 68 Section 3. Background Investigation .. 69 Section 4. Assessment Board Interview. 69 Section 5. Medical, Polygraph, and ..-. .. 69 Section 6. Appointment. 69 Section 7. Local Gov?t Code Section 174.006. .. 70 Section 8. Legacy Preferences .. 70 Section 9. Effect of Eligibility Lists from Exams Prior to December 31, 2010 and Eligibility Lists Created Under this Article .. 70 ARTICLE 25 Initial Probationary Period .. 70 Section 1. Police Cadet. .. 70 Section 2. Police Initial Probationary Period. ..- .. 71 Section 3. Special Assignment. .. 71 Section 4. Non?Supplanting. .. 71 Section 5. Probationary Dismissal 71 ARTICLE 26 Field Training. Of?Cers .. 71 Section 1. Field Training Of?cer Program. .. 71 Section 2. PTO Minimum Requirements. .. 72 Section 3. Hours and Assignment, Emblem, and. Voluntary Service. 72 FTO- Coordinator. 72 Section 5. Field Training Of?cer Pay. .. 72 ARTICLE 27 Promotional Probationary Period .. 72 ARTICLE 28 Disciplinary Actions 73 ARTICLE 239' Internal Security InterviewProc'edure' 8.0- Section 1. Investigations Through The Chain Of Command. .. 80 Section 2. Internal Affairs Investigations. .. 80 Section 3. Chief 3 Advisory Action Board. 83 Section 4. Chief?s City Vehicle Accident Advisory Action Board. 85 ARTICLE 30 Health Bene?ts .. 86 ARTICLE 31 Retiree Health Bene?ts 87 ARTICLE 32 Supplemental Bene?ts .. 88 Section 1. Parking .. 88 Section 2. Other Bene?ts .. 88 ARTICLE 33 Educational Incentive Pay 89 ARTICLE 34 Certi?cation and Instructors Pay .. 91 6 ARTICLE 35 and/or Medical Examination .. 92 ARTICLE 36 City Protection for Police Of?cers .. 94 ARTICLE 37 Employee Personnel Systems .. 94 Section 1. I Police Personnel Unit. ..-. 94 Section 2. Thirty (30) Day Requirement. .. 95 Section 3. Nepotism. .. 95 Section 4. Personnel Career Activity System .. 96 ARTICLE 38 Miscellaneous 96 Section 1. Service Handgun/Badge. Upon. Retirement. 96 Section 2. Service-Connected Death .. ..- 96 Section 3. Special Assignments .. 97 Section 4. Permanent Personnel File. .. 97 SectiOn 5.- Exception to. Open Records Act (Of?cer File Photo). Section 6. Pay Stub .. .. 97' Section 7. Family Assistance Of?cer. .. 98. Section 8. Reimbursement for Lost, Damaged, or Stolen Items. .. 98 Section 9. Physical Fitness. .. 98 Section 10. Section 11. Preemption ..100 Preemption of Civil Service Chapter 143 Claims for Public Safety and Police Personnel. .. 100 Section 12. Reopener. .. 100 ARTICLE 39 Civilianization .. 101 40 Savings Clause .. 102 ARTICLE 41 Closing Statements .. 102 Section 1. Stability of Agreement. .. 102 Section 2. Civil Service. .. 102 Section 3. Full and Final Scepe of the Agreement. ..- .. 103 Section 4. Impasse Procedure. .. 103 Section 5. No Bypass Agreement. .. 103 Section 6. Indemnity .. 103 ATTACHMENT 1 Expedited Labor Arbitration Rules .. 105 ATTACHMENT 2 Wages .. 107 ATTACHMENT 3 City Ordinance 5118-38 109?- ATTACHMENT 4 City Ordinance 83927 .. 128 ATTACHMENT 5 Bene?ts .. 141 ATTACHMENT 6' Master Contract Document .. 143 ATTACHMENT 7' Texas. Civil Statutes Annotated Article 144 ATTACHMENT 8' Patrol Division Implementation Plan .. 160 ATTACHMENT 9 Organizational Chart .. 1'63 Preamble The following Agreement by and between the City of San Antonio, Texas, hereinafter referred to as the City, and the San Antonio Police Officers' Association, hereinafter referred to as the Association, is recorded, in accordance with the Fire and Police Employee Relations Act of the State of Texas. The City and the Association agee that the efficient and uninterrupted performance of the municipal police function is a primary purpose of this. Agreement, as well as the establishment of fair and reasonable compensation and working conditions for the Police Officers of the City. The Agreement has been reached through the process of collective bargaining with the objective of serving the aforementioned purposes and with the further objective of fostering effective cooperation between the City and its Police Officers. Therefore, this Agreement is intended to be in all respects in the public interest. ARTICLE 1 Duration This Agreement shall be effective as of the 1St day of OCto'ber, 2009-.- All pay increases, leave, or changes in bene?ts, shall be implemented in accordance with the respective timelines outlined herein. The retroactive provisions of this contract shall only apply to those members who are City employees at the time of the signing of this agreement or hired after the signing of this agreement. This agreement shall remain in effect until the 30th day of September, 2014, or until such time as it is superseded by a. new agreement between the parties, whichever occurs later provided however, that in no event shall this Agreement continue in effecta?er September 30th, 2024. The City agrees that negoti-ati'Ons for the contract beginning October 1, 2014 will commence no later than January, 2014. The City and the Association agree to make. good. faith efforts to reach an agreement before October 1, 2014. ARTICLE 2 De?nitions A. ?Association? means the San Antonio Police Officers' Association. B. ?Board of Directors? means those members of the Association who are duly elected, or appointed and serve as members of the Board of Directors of the organization pursuant to the Constitution and By-laws of the Association. The Board of Directors shall include those members of the Executive Board as de?ned, and in no event shall more than twenty (20) be allowed to attend meetings in an on-duty status. C. ?Calendar days? means each day inclusive of weekends and holidays. D. ?Chief? means the Chief of Police of the City of San Antonio. E. ?City? means the City of San Antonio. F. ?City Manager? means the City Manager of the City of San Antonio. 9 ?Coznmission? means the Fire Fighters and Police Of?cers Civil Service Commission of the City of San. Antonio. ?Days? as used in Article 28 and Article 29 for disciplinary action shall be de?ned as an eight (8) hour-day. ?Department? means the Police Department. of the City of San Antonio. ?Employee? means an employee of the City of San Antonio. ?Executive Board? means those six (6) members of the Association who are elected, or appointed to ?ll the of?ces of President, Vice President, Secretary, Treasurer, Parliamentarian, and Sergeant-at?Arms of the Association. ?Gender? Reference- to the. male gender throughout this Agreement shall have equal force and include reference to the female. ?Grievance? means any and all disputes arising under the Grievance Procedure in Article 15. ?Longevity? means time in service in the Department from the date the employee became a probationary Police Officer. ?Member? means either member of the; Association. or- member of the bargaining unit. m' nun n'v?r- vxinm' in mantle-?11- I: virtue; 1116mm an] S-WULU. Uri-rival City, with the. exception of the Chief of Police. in the Peirce Depmtmune?it of the ?Strike? means, whether done in concert or individually, a failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment (including, but not limited to, "slowdowns", "sickouts", and the intentional failure to make arrests), for the purpose of inducing,- influencing, or coercing a change in the c0nditions, compensation, rights, privileges, or obligations of employment. ?Working days? means each day exclusive of weekends and holidays. 10 ARTICLE 3. Association Rights Section 1. Recognition. The City hereby recognizes the Association as the sole and exclusive collective bargaining agent for the unit consisting of all sworn Police Of?cers, except the Chief. Section 2. Payroll Deductions. A. The City shall deduct Association dues from each individual member who has voluntarily authorized Association dues deductions. The letter requesting Association dues deduction shall be signed by the President of the Association. B. The City shall deduct CLEAT dues from each individual member who has voluntarily authorized CLEAT dues deductions._ The letter requesting CLEAT dues deduction shall be signed by both the President of CLEAT and the President. of the Association. C. The City shall deduct POLPAC dues from each member who has voluntarily authorized POLPAC dues deductions. The letter signed by the President of the Association requesting POLPAC dues deductions shall declare that the request has been approved by a majority vote of the Board of Directors and of the membership of the Association. D, individual member of the. bargaining to voluntarily withdraw his authorization for Association, CLEAT, or POLPAC dues deductions and not in uniform, must identify" himself and personally Sign the appropriate form in the Police Departinent- Accounting O?ice at Headquarters. E. On October of each year the City shall deduct six (6) hours from each of?cer?s credited vacation time and credit the time deducted to a pool for use by the Association. Any of?cer not desiring the deduction shall notify the Accounting Of?ce in the same manner as in subsection D- above during the month of September of each year for the folloWing? ?scal year. Requests for leave under this section shall be. made in writing by the AssOcia-tion President to the Chief. The Association President shall annually submit a list of the names of ten (10) members who shall have the right to use Association Leave with a notice of twenty- four (24) hours. This list of members eligible for expedited use of Association Leave may be amended no more than once in each calendar quarter. All others using Association Leave shall be- required to submit the leave request no less than ?ve (5) calendar days in advance of the anticipated date of leave. Such request will be granted, except in the case of emergencies or where the same would impair the operations of the Department or where the granting of the same would adversely affect the welfare of the citizens of San Antonio. F. The City shall notify the Association and/or CLEAT in writing of any member who revokes or adds his authorization for dues deduction including POLPAC within thirty (30) calendar days from the revocation or addition of the deduction. ll G. The amount of dues or assessments shall be the amount set forth in the letter or request signed by the President of the Association and/or CLEAT. H. The City shall not be obligated to deduct dues or deduct any sum provided for herein until the respective organization provides a legal and binding letter from the President or legally authorized agent of the Association and/or CLEAT agreeing to indemnify, defend and hold the City harmless against any claims, demands, suits, or any other form of liability that shall arise out of or as a result of any action taken by the City for purposes of complying with the provisions of this Article. I. All amourits deducted pursuant to this Article shall be paid to the legally designated representative of the Association and/or CLEAT in accordance with the procedures established by the Finance Director. J. Whenever an Association member dies, and the City is noti?ed as provided herein, the City will autOm'atieally deduct twice the amount of dues. from each member-?s payroll. dining the month immediately following the. Association member?s death.- In the case of multiple applicable deaths in a. month the AssociatiOn may have the double deductions Spread over a period of months upon reasonable notice to the City. As with other deductions, said amount will be forwarded directly to the Association, provided, however that the Association will reimburse the amount of the increased deduction within fourteen (14) calendar days to any member who makes a written request for such reimbursement to the President of the Association. The Association will disburse the additional dues collected to the designated. bene?ciary or bene?ciaries of the deceased member. Any member may designate or change; bene?ciaries as provided. by pansy or of the Ass-o-ci'ation. Association. member who requests reimbursement of dues. collected- from bene?ts after another member dies, and officers who are not Association members, shall not be eligible for the bene?ts provided in this Section. The Association shall be responsible to notify the City before the deduction of the double dues occurs. Section 3. Time Off for AssOciation Business. A. The Executive Board. shall have the right to visit the premises of the Police Department for the purpose of administering this Agreement. Such visits shall be conducted in a manner so as not to interfere with the functions of the Department. B. The Association's negotiating team, not to exceed six (6) members, shall be permitted to meet with the Association President or to attend negotiating sessions with City representatives, where such sessions or meetings are scheduled during working hours, without loss of pay; or shall be given time off without loss of pay for the scheduled Dog Watch shift immediately preceding such negotiating sessions. C. The City agrees that the President of the AssociatiOn will be placed on special assignment dining the term of his presidency. The special assignment will give the Association President the latitude to deal. with the duties of his presidency while retaining the privileges of his employment, while the Chief of Police retains the right to recall him to duty during an 12 emergency or special event involving overriding need for the protection of the citizens of San Antonio. For the purposes of accounting, the President of the Association will be assigied to the Accounting Of?ce. It will be the responsibility of the President of the Association to notify and submit proper paperwork to the Accounting Of?ce accounting for all personal leave time to include but not limited to compensatory, vacation, holiday, bonus day, military leave, and sick time. The Chief of Police reserves his existing authority to revoke special assignment for the Association President during emergencies or when the welfare of the citizens of San Antonio is placed in jeopardy. The Association President, as part of his Association duties, reserves the right, as in the past, to mitigate grievances at all informal and formal levels in order to reduce the number of complaints and, in all cases, reserves the right to speak, visit with the men and women who are members of the Association, as well as to tour existing police facilities and. to inspect equipment that will imprOve the quality. of work life for the police officers of the. City of San. Antonio whom he represents. In. addition, he. will participate as. the duly elected representative of- those men and Women of the Association in any disGussi-on that may affect the quality of worklife, health, and well being of any Association member. It is understood that the President of the. Association shall suffer 'no loss of longevity, seniority, pension, days off, or any other bene?ts as a result of and during the term of such special assignment. When the term of the President expires, the President shall be eligible to return to his previously assigned shift and duty assignment. City shall grant Association. leave. paid. in aGCordanicie Article. 3., Section 263). to- a of ten. (10) Of?cers. at any giV-en time. at the request of the AsSociation President. Such request will be granted, except in the case of emergencies or where the same would impair the operations of the Department or where the granting of the same would adversely affect the welfare of the citizens of San Antonio. An additional ?ve (5) members shall be eligible for Association Business Leave for conferences, occasions, events or meetings when the need for such additional personnel is legitimate, no more than ?ve (5) times per year. It is understood and agreed that a request under this exception shall be subject to modi?cation or denial by the Chief where a reasonable. basis exists, taking into account the staf?ng needs of the Department.- Section 4. Bulletin Boards. A. The Association may maintain one (1) bulletin board at each of the decentralized stations or other police facilities and two (2) bulletin boards at the headquarters building. Bulletin boards may be located at the assembly room and the lobby of the headquarters building and in similar conspicuous locations at the other police stations and/or facilities. The Association may utilize Department e?mail and video technology to disseminate bulletin board information subject to the following terms. All e-mail transmissions shall have prier approval of the Chief. The use of video equipment is limited to the playing of Association provided video in compliance with Section 6 of this Article. The Association representative who accompanies the video is responsible for its content complying with Section 6. In the event no Association 13 representative is present, the Association President is responsible. The President of the Association shall have off?site access to the City mainframe computer and SAPD intranet. B. The bulletin boards, e?mail, and video presentations shall be used only for the following notices: . (1) Recreation and Social Affairs of the Association. (2) Association Meetings. (3) Association Elections. (4) Reports of Association Committees. (5) Rulings or policies of the State or National Association. (6) Legislative Enactments and Judicial Decisions Affecting Public Employee Labor Relations. C. Notices or announcements shall not contain anything political, or anything re?ecting on the City, any of its employees, or any labor org-anizati-o'n among its employees. Section Members of the Board of Directors. Members of the Board of Directors who are on duty shall be permitted to attend the two (2) regularly scheduled board meetings each month, and up to two (2) specially called Board of Directors meetings per ?scal year. Such members of the Board of Directors who are on duty shall be subject to emergency recall, and the Association shall insure the immediate response capability of these Of?cers. - Section .6. Addressing of Shift Roll Call Meetings, Iii-Service Training and Police Academy Cadet Classes. Members of the Executive Board, members of the bargaining team, persons appointed by the Association to represent the Association and Board of Directors shall be permitted to speak at shift roll?call meetings about Association business for a period not to exceed ten (10) minutes. Prior to speaking at such roll calls, the Association representative shall notify the appropriate supervisor that he intends to speak. - Members of the Executive Board, members of the bargaining team, persons appointed by the Association to represent the Association and Board of Directors shall be permitted to speak at in? service training for a period not to exceed. one (1) hour. The President of the Association shall notify the Academy Commander in writing in November of the preceding year of the Association?s intent to use a one (1) hour block with the yearly in-service training beginning in January of each year. The Academy Commander shall schedule the one (1) hour block and notify the Association in writing of the dates and time to appear. Members of the Executive Board, members of the bargaining team, persons appointed by the Association to represent the Association and Board of Directors shall be permitted to speak to each Police Academy cadet class for a period not to exceed three (3) hours. Unless mutually agreed upon, such speaking shall be scheduled in no less than two (2) one (1) hour thirty (30) 14 minute blocks. The Association shall provide a lesson plan to the Academy Commander and shall permit staff monitoring to assure compliance under this section. Discussion by Association representatives shall pertain only to the recreation and social affairs of the Association; Association meetings; Association elections, reports of Association committees; activities of the State or National Association with Whom the Association is af?liated; and legislative enactment, judicial decisions affecting public employee labor relations, legal assistance plans, and contract bene?ts and rights. Discussions by Association representatives shall not contain anything political or anything re?ecting on the City or any of its employees or any labor organization among its employees. The-re shall be no prior restraint or censure by shift supervisors of Association representatives during roll-call discussions. In the event an Association representative allegedly violates this section, such alleged violation shall be subject to the Grievance Procedure. ARTICLE 4 Management Duties to. the. Association Section 1. The City shall provide the following materials to every of?cer: . A. A copy of special orders, general orders, training bulletins, rules and regulations, Texas Penal. Code, Traf?c Laws and Code. of Criminal Procedure; and B. A Copy of Agreement. Section 2. The City shall not engage in the following practices: A. Interfere with, restrain, or coerce Of?cers in the exercise of rights granted in this Agreement. B. Dominate, interfere, or assist in the formation, existence or administration of any employee organization; or contribute financial support to any such organization. C. Encourage or discourage membership in any employee organization by discrimination hiring, tenure, training or other terms or conditions of employment. D. Discharge or discriminate against any Of?cer because he has filed any affidavit, petition, grievance, or complaint; or given any information or testimony alleging violations of this Agreement; or because he has formed, joined, or chose to be represented by any employee organization. E. Make or permit any agreement, understanding, or contract with any person, including a member of the bargaining unit, which in any manner circumvents, alters, amends, modi?es, or contradicts any provision of this Agreement. For example, condoning a practice of 15 Of?cers volunteering to circumvent this Agreement on job assignments, relief days, hours worked, or compensation would obviously violate this provision. F. Discriminate against any Of?cer protected under Title VII of the Civil Rights Act or the Texas Commission on Human Rights Act or because of association, or non-association, or af?liation; or discriminate in the application or interpretation of the provisions of this Agreement. - Section 3. Consistent Interpretation. The City recognizes its responsibility to a consistent interpretation and application of Department Rules and Regulations, Special Directives and Administrative Orders, which govern the conduct of Of?cers on the job. ARTICLE 5. Nan?Discrimination by the Association Section 1. No action shall be taken by the Association or Of?cer in the bargaining unit which constitutes discrimination under Title VII of the Civil Rights Act or of the Texas Commission on Human Rights Act. The provisions of this Ageement shall be applied equally to all Of?cers covered by the Agreement. - Section 2, The Association shall not cause or attempt to cause an Of?cer to discriminate against another employee or Of?cer because of the employee?s or. Of?cer?s membership or non-membership in any employee organization; or discriminate against any employee or Of?cer because he has signed or ?led an af?davit, petition or complaint or given any information or testimony alleging violations of this Agreement. ARTICLE 6 No Strike Clause The Association shall not cause, counsel, or permit its members to strike, slow down, disrupt, impede or otherwise impair the normal functions of the Department; nor refuse to cross any picket line by Whoever established, where such refusal would interfere with or impede the performance of the Of?cer?s duties as an employee of the City. The City shall not lock out any Of?cer. 16 ARTICLE 7 Management Rights Section 1. Subject to the terms of this Agreement, the Association recognizes the management of the City of San Antonio and the direction of the Police Department are vested exclusively in the City, and nothing in this Agreement is intended to circumscribe or modify the existing right of the City to operate and manage its affairs in all respects. The Association recognizes the City?s statutory and Charter Rights to: A. Direct and schedule the work of its Of?cers, to include the scheduling of overtime work in a manner most advantageous to the City. Of?cer work schedules shall. not be changed solely to avoid or curtail overtime pay. The City shall have the right to reschedule up to eighty (80) hours of training per Of?cer per year.- These hours shall include required TCLEOSE training and may include in?serViCe. hoUrs but the City is not. required to use the entire eighty (80) hours each year. B. Hire, promote, demote, transfer, assign and retain Of?cers in positions with the City. C. Discharge, demote, or suspend Of?cers, pursuant to the requirements of Chapter 143 Local Government Code and further and fully agreed to in Article 28, Disciplinary ActiOns, of this Agreement. D. Maintain the ef?ciency of governmental operations. E. Lay off Of?cers from duty because of lack of work, consistent with Civil Service Regulations, City ordinances and State laws. F. Determine the methods, processes, means, and personnel by which operations are to be carried out. G. Transfer any City operation now conducted by it to another unit of government, and such transfer shall not require any prior negotiations or the consent of any association, group, organization, union or labor organization whatsoever. H. Contract and subcontract when it is in the best interest of the City. I. Use security personnel, which include, but are not limited to, such job classi?cations incorporated within the Classi?cation Manual as Airport Police Of?cer, Park Police, Life Guard, School Crossing Guard, Municipal Guard, which require training in law enforcement, safety and security duties, ?re?ghting skills, emergency medical treatment, water safety, and other similar related skills. - I. Use of civilians in the Police Department to perform duties which do not require a Commissioned Of?cer or the power of arrest. The scope of such duties include, but are not 17 limited to, communications, information systems, records, community services, clerical support, maintenance, school safety crossing, and jail operations. Civilians performing such duties are not Subj ect to the terms of this Agreement. This subject is covered in detail in Article 39. K. Establish classi?cations, job descriptions, and standards which provide the-basis for recruiting and assignment. It is also understood that every duty connected with operations enumerated in job descriptions is not always Speci?cally described. It is, nevertheless, intended that all duties relating to. the present mission. of the Police Department, as a public safety organization, shall be performed by the Of?cers. L. The Association recognizes the City's existing right to establish and enforce rules and regulations, special directives, administrative orders, and amendments for the conduct of the mission of the Department subject to the terms of this Agreement. The Chief has the right to amend, suspend, and/or alter such rules and regulations subject to the terms of this Agreement and approval of the Commission. Any person, whether swern or unswor'n, wishing to address Police. Of?cer roll calls on any subject (except bargaining unit members who are running for Association of?ce. or shift representative and wish to make a statement concerning an election within the Association) must receive written permission from the Chief of Police or President of the Association. When permission is granted by the President of the Association, the restrictions involving subject matter and time outlined in Article 3, Section 6, shall apply. SeCtiOn 2. Subject to review- by the City Manager, the Chief shall have. the exclusive rightto: A. Establish Departmental rules and regulations. B. Transfer Of?cers within the Department to accomplish the" mission of the Department in the most ef?cient manner.- Section 3. Except as otherwise speci?cally provided in this Agreement, the City, acting through the City Manager and the Police Chief, shall retain all rights and authority to which, by law, it is its responsibility to enforce. ARTICLE 8 Maintenance of Standards All standards, privileges, and working conditions enjoyed by the City of San Antonio Police Of?cers at the effective date of this Agreement, which are not included in this Agreement, shall remain unchanged for the duration of the Agreement. 18 ARTICLE 9 Labor Relations Committee Section 1. Labor Relations Committee. The City and the Association, having recognized that cooperation between Management and employees is indispensable to the accomplishment of sound and harmonious labor relations, shall jointly maintain and support a Labor Relations Committee. The Labor Relations Committee shall discuss the working conditions of Of?cers, including, but not necessarily limited to, safety and speci?cations for equipment, discipline, Departmental policies and procedures, uniform speci?cations and other areas of common Of?cer interest. The Committee shall recommend to the Police Chief changes in any of these working conditions where necessary, and the Chief shall communicate his decision to the Committee in writing. The Committee has no independent authority to bind either party with respect to any individual grievable topic. The Labor Relations Committee shall consist of four (4) members who shall serve at the direction of their appointing authority, The Association shall designate two (2) members, and the Police Chief shall designate two. (2) members. There shall be a? mitten agenda of matters be Of?cer's. desiring items placed on the written agenda shall forward. the matter in writing to the Of?ce of the Chief of Police with a copy to the President of the Association. The Committee shall make its- recommendations in writing to the Chief with copies to the Association and the City Manager. The Chief shall therea?er respond to the Committee?s recommendations in writing within fourteen (14) calendar days from receipt thereof. A copy of the response will be sent to the Association and to the City Manager. An extension of the Chiefs response of an additional fourteen (14) calendar days shall be. granted by the Committee ripen request of the No matter the jurisdiction of the Committee. shall be discusSed. by the. Association at a. higher administratiVe leiVel until it has been: discussed by the Committee}. Section 2. Labor Relations Subcommittees. The Labor Relations Committee may appoint subcommittees as necessary. Such subcommittees shall report to the Labor Relations Committee and the Labor Relations Committee shall make ?nal in writing to the Chief of- Police as outlined above. Section 3. Defense of Of?cials. It is understood and agreed that individual city employees serving on the Committee are acting in the course and scope of their employment,- eyen though designated by the Association, and as such are entitled to defense and indemnity under the terms of the City?s existing risk management, insurance and defense programs, in the event that the recommendations of the Committee become the basis of claims or litigation. l9 ARTICLE 10 Safety and Equipment Section 1. General. The City shall maintain at all times an adequate quantity of modern, . marked and unmarked vehicles, radios, and other essential equipment in sound working condition to ensure a safe work place for each Of?cer and to maximize the Department's prime objectives of crime prevention, suppression, and detection. Such vehicles, radios, and other essential equipment must be replaced during periods of repair. Any recommendations by the Labor Relations Committee in Article 9, above, for the purchase and use of advanced. technological improvements in equipment EO Tech electronic sight; tire spikes), shall be considered evidence that such improvements contribute to a safe work place for each of?cer. Any recommendations by the Labor Relations Committee shall take into consideration City budget cycles and priorities. Section 2-. Preventive Vehicle. Maintenance Program. The City shall ensure that all police vehicles assigned to the Of?cers are in safe condition and shall maintain a preventive maintenance program for police vehicles. The Chief shall assign a supervisor to the vehicle maintenance shop for the purpose of inspecting the safety of police vehicles. The Chief may assign either a sworn Officer or civilian to this position, eXcept that in the event that a civilian is assigned, there shall be no reduction or loss of sworn positions in the Police Department as a result of the assignment of a civilian. If at the discretion of an Of?cer, an assigned Vehicle is not in safe condition, said Of?cer shall notify the. supervisor assigned to the vehicle maintenance shop that the vehicle is. not in a safe condition". The super-visor a-SSigned to the vehicle maintenance shop shall make the. decision as to the safety ofthe. pol-ice Vehicle. In the event that the supervisor assigned to the vehicle maintenance shop deems the police vehicle to be in a safe condition, and the employee disagrees with the supervisor?s decision, said Of?cer may protest the supervisor?s decision in writing. The supervisor assigned to the vehicle maintenance shop shall. acknowledge the of?cer?s protest in writing and forward all copies to the Of?cer?s Division Commander for final disposition. The Vehicle Maintenance Supervisor shall maintain records on the maintenance of all police vehicles. When a vehicle reaches the 30,000 miles odometer reading, a review of the vehicle?s maintenance record will be conducted. If deemed necessary, the Vehicle Maintenance Supervisor may request an exhaustive mechanical evaluation be performed on the vehicle. Any Of?cer may request an exhaustive mechanical evaluation of police vehicle when the vehicle reaches the 30,000-mile mark. This inspection will be accomplished in a timely manner or? another vehicle will be provided for the Officer. Marked vehicles having 70,000 miles on their odometers and assigned to the uniform division, must be retired from the uniform division ?eet. An Officer will not be required to operate a marked vehicle assigned to the uniform division having 70,000 miles or more on its odometer. Additionally, an Of?cer will not be subject to disciplinary action for refusing to comply with an order to drive marked vehicles in the uniform division which had 70,000 miles or more on its odometer. Prior to 70,000 miles a vehicle may be retired from the uniform division ?eet if considered unsafe by the head of the vehicle maintenance unit or a Division 20 Commander. No Of?cers in the uniform division may be ordered to drive a patrol vehicle which has in excess of 70,000 miles. Any vehicle retired from use in the uniform division pursuant to this agreement may be used by the Department in other divisions, provided that the vehicles are sound and safe to operate. Section 3. Take-Home Cars. The City shall. provide to Of?cers occupying the rank of Lieutenant. or above a City-owned vehicle for the Of?cer's use during his employment on active duty status and for the Of?cer's use in driving to and ?'om home. In lieu of a take~home vehicle, the Department may offer said of?cer a car allowance of $300 per month. An eligible of?cer may initially opt for a City-provided, unmarked vehicle (with less than 10,000 miles on. its odometer) or the allowance as previously noted. During the period of June 1 to July 1 of each calendar year, the Of?cer may elect to change from his car or car allowance. If an eligible Of?cer opts for a vehicle, and the same is unavailable, such of?cer may draw the $300.00 car allowance until the vehicle is ?nnished. The use of a City vehicle by an Of?cer may be. revoked by the Chief if the individual. assigned the. vehicle is not insurable per state requirements. Each Officer assigned a vehicle shall be required to uSe the vehicle in a manner consistent with Department policies. Any Of?cer assigned a Vehicle shall not be eligible to receive any car allowance, as otherwise provided by the City. The Chief has the sole discretion whether to assign or not assign or to remove a vehicle from any other of?cer in any rank below Lieutenant. Assignment by the Chief of a vehicle to another Of?cer below the rank of Lieutenant shall not be grounds for ?ling of a grievance based upon the equal pay standards of Chapter 143 of the Local Government Code or any provision of this Agreement. - Section 4-. Radios. The City shall provide to each Of?cer, one (1) hand-held police. radio and. charger. These radios will be replaced in accordance with Department policies and regulations. However, in the event the radio needs to be replaced or repaired due to negligence or intentional abuse on the part of the Of?cer to whom the radio is issued, the Of?cer shall be required to reimburse the City for the costs. The cost of said radio shall be, for purposes of the Section, based upon its actual value at the time of loss. Negligence or intentional abuse and the actual value (considering depreciation value) of the radio shall be determined by the Labor Relations Committee outlined in Article 9. Section 5. Soft Body Armor. The City shall provide to all Of?cers the option of selecting soft body armor with a minimum Standard of Threat Level or Threat Level II. Such vests shall meet the highest levels of speci?cations as determined by the Labor Relations Committee Outlined in Article 9. Vests shall be provided to all new Of?cers prior to the end of their ?rst week as Of?cers. Vests shall be replaced every ?ve (5) years by making a proper request to the Division Commander, or at any time when obvious damage to the vest requires replacement. However, if it is determined. by the Labor Relations Committee outlined in Article 9, that the damage done to the vest was caused by neglect or misuse on the part of the Of?cer, then the Of?cer shall pay the actual value. considering replacement costs, depreciation, utility value, and market value of the vest as 21 determined by the Labor Relations Committee at the time of the loss. One free ?tting per year will be provided by the. City. Section 6. Ammunition. In addition to the ammunition. provided by the Department for mandatory in-service ?rearms training, each Of?cer is entitled to one hundred (100) rounds of .40 caliber ammunition per year. The Department shall provide all initial and annual ammunition required for annual quali?cation with a ri?e or shotgun, regardless of whether the weapon is Department issued. Section 7. Labor Relations Committee as Equipment Advisory Committee. A. The Labor Relations Committee as outlined in Article 9, in addition to its other duties, shall serve as the Equipment Advisory Committee. This Committee shall meet for the purpose of revieng speci?cations, testing, and making recommendations to the Chief as to the purchase of all police?related equipment. Fer purposes of this Section, police~related equipment includes, but is net limited to, communicatiOns equipment, vehicles, vehicle light bars, weapons,- specialized or technical investigative equipment, training aids, and computer-related. equipment and materials. Police-related equipment does not inelude chairs,- desks, of?ce supplies, maintenance supplies, or other non-specialized equipment or materials purchased on a City-wide basis for all departments. B. When an Of?cer loses and/or damages equipment assigned for purposes of employment the Labor Relations. Committee shall cause. to be: conducted. an. investigation surrounding the facts. causing the: loss or? Upon. completion of its. investigation, the eOmmittee will make a determination as. to the cause ofthe loss or darnage and to what eXtent. the Of?cer is responsible for such loss and/or damage. The Committee shall write a report of its ?ndings which shall be forwarded to the Chief. An Of?cer who disagrees with the ?ndings of the Committee may appeal the Committee?s recommendation to the Chief. The Chief may adopt, in whole or- in part, or reject the Committee's recommendations. The actions of the Chief in this regard shall not be subject to grievance and arbitration as provided for herein, if the Chief concurs in the recommendation of a majority of the Committee. or reduces the Of?cer?s responsibility for such less or damage below the recommendation of the majority of the Committee. Section 8. Reimbursement Procedures. A. Of?cers may utilize payroll deductions to reimburse the City for lost or damaged equipment. Payroll deductions must be set at ?fty dollars 0.00) per payday unless the Of?cer . agrees to higher payments. It shall be the obligation of the of?cer to coordinate such repayment with the Police Department Accounting Of?ce. B. Of?cers desiring to reimburse the City for lost or damaged equipment outside of payroll deductions may do so as long as such mandatory payments are no less than ?fty dollars 0.00) per pay day. Nothing herein prohibits .the Officer from agreeing to higher payments. All reimbursements paid outside of payroll deduction are due within ?ve (5) calendar days of the payday. 22 C. Regardless of the method of payment, all payments must begin no later than the second pay day after the ?nal ruling by the Chief. D. After all administrative appeals are exhausted; Of?cers failing to reimburse the City 'or who fail to pay according to the selected pay schedule above shall be deemed insnbordinate to the Chief of Police and may be disciplined up to and including termination. Section 9. Standardized Installation of Equipment. The City agrees it will standardize the location of all equipment in all marked vehicles Whenever possible. ARTICLE 11 Promotions Section 1. Definitions. A. Seniority F'0r purposes of this Article, each Police Of?cer shall be given one (1) point on a promotional examination for each year as a classi?ed. Police Of?cer in the San Antonio Police Department. 'In no event shall the number of such seniority points added to a passing score exceed ten (10). In addition, Patrol Of?cers who are testing for Detective Investigator shall receive an additional point for holding a Master Peace Of?cer Certi?cation; an additional point for ?fteen (15) years of time in rank as a Patrol Of?cer; and an additional point for t-Wenty (20) years of time in. rank as a Patrol. Officer not. to. exceed a total of thirteen. (13.). points- the totalgto. be: added to: the overall ?nal. passing: score: of the. prom-orienal examination for Detective; Investigator.- DetectiVe Investigators who are test-ing- for the of Sergeant". will also receive in addition to the one. (1) point on. a promotional examination for each year as a- classified police of?cer up to ten (10-) points of seniority, an additional point for holding a Master Peace Of?cer Certi?cation; an additional point for ?ve (5) years time in rank as a Detective Investigator; and an additional point for ten (10) years time in rank as a Detective Investigator not to exceed a total of thirteen (13) points with the total to be added to the overall ?nal passing score of the promotional examination for Sergeant. ?Classi?ed Police Of?cer? is meant .to include service as an initial probationary Police Of?cer and probation. after promotion. Seniority is de?ned as all years of service, Whether interrupted or uninterrupted, on the San Antonio Police Department, and not merely the last continuous period of service. B. Eligibility - Police promotional examinations shall be- open to. all Police Of?cers who have held a classi?ed position with the San Antonio Police Department for two (2) years or more, immediately below the rank for which the examination is to be held. Promotional examinations to the rank of Detective Investigator shall be open to only those of?cers Within the classi?cation of a Class or higher patrol of?cer; no Of?cer shall be permitted to take a promotional examination to the rank of Detective Investigator until being in the classi?cation of a Class or higher Patrol Of?cer. C. Seniority in Rank - Time Within a Classi?ed Police Of?cer Rank. The Of?cer with the most time in a classi?ed rank shall be considered the senior. Of?cers promoted on the same day shall be promoted at least one minute apart to establish seniority in rank. Seniority in 23 rank for newly hired Police Officers shall be determined by their ranking on the eligibility list and effective with their appointment to probationary Police Of?cer. D. Return From Military Service Effective with the signing of this Agreement, of?cers who were serving on active military duty as members of the armed forces and who were eligible promotional candidates according to the rules as set out. by USERRA. when a Department premoti'ona'l exam was offered, who did not take the. exam, may apply 30?calendar days. after notice by the City of their rights and obligations under this subsection upon their return to the Department from active military duty, to take the next available promotional exam given for that rank for which they are currently eligible. If the Of?cer?s score would have resulted in a promotion if it had been achieved on the exam(s) missed due to active military service, the Of?cer must be promoted to the next available vacancy in that rank. Seniority in rank and retroactive back pay owed will be established as. of the date the Of?cer would have been promoted based on the score made at the time, as if he or she had not been on active military service. This provision is. intended to. comply with requirements of the federal Uniformed Services Employment and. Re'empl'oyment- Act' (USERRA), and to supersede the terms of Section of the Texas Local Government This Agreement. does not prey-em. the. City ?rom taking steps to comply with USERRA under unique or special circumstances Section 2. Study Materials. A. Study Materials Committee The Chief shall establish a separate committee for the selection of proposed study materials for each promotional examination by rank (written and/or Video RecOrded Assessment). This committee will be comprised of two members appointed. the. Chief?and two: members; appointed by-? the President of" the. San Antonio; Police. Of?cers Association and shall be facilitated by the Training.- Academy Geminander. This Committee will consult with the test consulting company to assure support from the job analysis throughout: the materials selection. process. Each member of the Committee will sign a pledge of con?dentiality, agreeing to not release any information pertaining to any study materials selected by the Committee to be forwarded to the Chief in order to maintain the security of the selection process. Members of the Committee shall rank the material collectiVely and forward their recommendati0ns to the Chief. Study materials for all ranks shall not be the same for any two (2) consecutive years. The exceptions include, the Texas Penal Code, the Code. of Criminal Procedures, the General. Manual, the. ColleCtive Bargaining Agreement and if developed, the promotional study book for the Department. This Committee will also make recommendations for the Video Recorded Assessment criteria based on job relatedness, responsibility and consistent with the recommendations for legal compliance, of the consulting company. After reviewing the recommendations, the Chief shall consult with the test consulting company to assure support from the job analysis. After his consultation, the Chief shall make the ?nal decision and forward his selections and/ or changes to the consulting company hired by the City to create the test. The committee membership will be changed after each testing cycle. The committee members appointed by both the Chief and the President of the Association will hold the same rank or higher as the position being tested for. Failure to comply with the con?dentiality pledge may result in disciplinary action ranging from a written reprimand to inde?nite suspension. 24 B. Promotional Text Materials The City shall limit the promotional material for all ranks to two hundred (200) pages of text except for text taken from the Texas Penal Code, the Code of Criminal Procedures, the General Manual, and the Collective Bargaining Agreement. For purposes of this section, two hundred pages of text shall be defined as text that averages approximately 750 words per page. An Of?cer may not ?le any grievance or appeal based on the limitations involving pages of text and words. In the alternative to the 200 page. limitation from one or more textbooks, the City may develop a promotional study book with advice by the Testing Consulting Company and input from the Association, which shall not be subject to the 200 page limitation. Once the SAPD promotional study book is implemented, the City shall not use any other text books other than the Texas Penal Code, the Code of Criminal Procedures, the General Manual, and the Collective Bargaining Agreement. The promotional study book may be revised annually. The City shall attempt to obtain the publisher?s permission to duplicate and distribute to the candidates the study materials without incurring any fee, cost, penalty or liability to. the publishers, and if it does obtain this permission, the City will bear. the expense of the printing or reproduction of the study materials for distribution to eligible candidates, However, the City will not be required. to perform. the aforementioned printing; reproduction, and dissemination- of the study" materials if the p?e?rmis-si-On of the publishers to: do. so. cannot be obtained without any cost, penalty, or liability to the publishers. Where the City cannot obtain such permission, the City will make arrangements to ensure that all of these study materials textbooks) are available at one or more locations within the City for purchase by the candidates. Candidates who purchase study materials and who score seventy percent or higher on each of the examinations applicable to the promotion sought will be reimbursed for the. price of the study materials. After the: Chief made. his selections, the. City- .R'esoarces Department. pick; up. the. study materials. The study material-s- will be- printed. and/0r reproduced under- cir?ut?stanees which will promote secIJrity. The Human Resources Department will. verify the. completeness of- the packets. No question will be included in the written examination unless it derives its source from the study material. Until the adoption of the SAPD promotional study book(s) the date and location that the study materials will be made. available for candidates to pick up or the IOcation where the study materials may be purchased will. be announced in the Daily Bulletin for ?ve (5) consecutive working days. Until the adoption of the SAP-D promotional study book(s) in accordance with this Section, the study materials shall be either announced as to location for purchase or provided to eligible candidates during a period which is not less than ninety (90) calendar days prior to the examination. If the City has developed a promotional study book for the Department, the announcement and provision of such materials shall be not less than 365 calendar days prior to the examination. Once the study'maten?als are provided to the candidates, the material will not be altered in any manner, other than to update change in law and Departinent policy. The City may provide notice of a promotional examination and the study materials before an eligibility list has expired, and prior to the existence of any vacancy, and no Of?cer shall have any right or claim based on eligibility dates as a result, provided that the City complies with all Chapter 143 requirements. - 25 Section 3. Promotion to Detective. Investigator, Sergeant, Lieutenant and Captain. A. The City shall engage an outside bonded consultant to prepare written promotional examinations for each rank. Beginning at least one hundred and twenty (120) calendar days before the administration of the examination, the City will announce in the Daily Bulletin the date of the examination and the location and dates that any eligible of?cer may register for the examination. This armouncement will run for ?ve (5) consecutive working days. Candidates for the promotional examinations shall register for the examination between one hundred and ?fteen (115) and one hundred and ?ve (105) calendar days before the written examination. Except as provided in Section all eligible candidates for promotion to a particular rank shall be given the identical written examinations applicable to that rank in the presence of each other. The written examinations will consist. of multiple choice written questions, which shall have predetermined correct answers to enhance the objectivity of the Written.ex-ami11ation-. The preparer of the written examination shall deliver the examination sealed and numbered to the Civil Service Director who is charged with the responsibility for the security of all written promotional examinations.? The written examination shall remain Sealed until opened in the presence of the participants. All of the questions asked on the written examination must be prepared and composed in a manner that the. grading of all exar-?ninatiOn papers can be. completed immediately after. the examination is held. All. examination papers shall be. graded. as they are completed, at. the place where the written examination is given, and in the presence of any candidates who. wish to remain during the grading. Written. examination grading. will be performed within ?fty (50) feet of any entrance or exit from the examination room in open view of all candidates. A minimum passing score of seventy percent out of a possible one hundred percent (100%) (unless a quali?ed consultant shall determine a different cut off score, based on the statistical validity of the test, which shall be subject to Commission review and approval) is required on each promotional examination (written or written plus assessment) applicable to the rank to which the of?cer seeks promotion. - Each eligible promotional candidate shall have the opportunity to examine written test source materials and their own graded examination paper and answers within ?ve (5) consecutive working days after the examination. The candidate may see the above material, but may not remove the graded examination paper from the Human Resources Department. Candidates arriving after the appointed starting time of the examination will not be admitted or allowed to participate in the examination. All questions formulated by the outside consultant for the written examination (and their correct answers) shall be derived from the materials selected by the Chief as study materials in accordance with Section 2. Matters relative to the construction of any promotional. written examination which are appealable to the Civil Service Commission pursuant to Chapter 143, '26 Local Government Code, shall continue to be appealable and the decision of the Commission shall be ?nal. B. In addition to meeting the requirements as set forth in Subsection A, promotional examinations for Detective Investigator and Sergeant shall consist of one (1) written examination which shall not exceed either one hundred (100) multiple choice questions or two (2) hours in length. If the City complies with the conditions in subsection (D) below, the promotional examination during 2013' for Sergeant may include an assessment portion in accordance with the provisions below. C. In addition to meeting the requirements as set forth in Subsection A, promotional examinations for Lieutenant and Captain shall consist of a written examination which shall not exceed one hundred (100) multiple choice questions or two (2) hours in length and a Video Recorded Assessment which shall be weighted as set forth below. D1. Sergeant. Assessment (1) In order to commence a sergeant assessment in 2013-, the City agrees to the following: 0 To successfully complete and implement an SAPD Promotional Text for each rank; 0 To implement a Supervisory Leadership Training Program for all candidates for promotion-to a. civil serVice SuperVisory tes'ted. and. 0- To: implement a mentorship program for all. new supervisors. (2) Upon sucCess?ful completion of the. aboVe requirements, beginning with the next promotional examination after October 1, 2013 administered for the rank of Sergeant, the City shall be entitled to implement each of the provisions of this Agreement concerning Video Recorded Assessment which shall become applicable and shall apply that to the Sergeant examination, with the sole exception that the Video Recorded Assessment shall be weighed at twenty percent and the Written eXaminatiOn shall be weighted at eighty percent which is set forth below (subparagaphsand O). The Consulting Company will conduct three (3) orientation. sessions for candidates at least One month in advance of the written examination. The orientation component will be designed to familiarize eligible candidates on the Video Recorded Assessment requirements and process. The Consulting Company or the City may not deem the orientation mandatory, since participation in the orientation is totally voluntary. The City will schedule at least three (3) orientation sessions at different times, and will provide a DVD copy of all three (3) orientation sessions upon request to any eligible promotional candidate. E. The Consulting company hired by the City will design the AssesSment cadre using a variety of exercises that may include: Iii-Basket; Problem Solving/Analysis; Oral Resumes/Structured Interviews; Leaderless Group Presentation; Role Playing; Memo/Report Writing; Oral Presentation/Plan Preparation; Staff Meeting; Special Event/ Operations; and others as they are established and determined to be reasonably valid predictors of job related 27 characteristics. The Consulting Company is not required to utilize all of the exercises above, but may select the exercises or combine the listed exercises into one or more exercises that are best suited for the particular rank and as recommended by the Study Materials Committee. F. The Consulting Company shall also select the assessors who shall meet the following criteria:- 1. Equivalent rank to the promotion, or above, from a municipal police agency from cities with a population of 200,000 or greater; 2. Shall not reside in the San Antonio Standard Metropolitan Statistical-area; 3. Shall not be related within the second degree to any candidate for promotion; 4. Shall not personally know any candidate for promotion; Shall have at lea-st two (2) years of. experience in. the rank. being assessed or an equivalent rank; and 6. I Shall not be a current or former employee of the City of San Antonio, SAPD or any other entity legally related to or controlled by the City of San Antonio. G. The Consulting Company will conduct three orientation sessions for candidates at least one month in advance of the written examination. The orientation component will be designed to familiarize eligible candidates- on the. Video Recorded. Assessment- requirements and process. The Consulting Company or- the: City- may not- deem the orientation. mandatory, since participation in the orientation is totally voluntary. The City will schedule at least three (3) orientation sessions at different times, and will provide a DVD copy of all three orientation session, upon request to any eligible promotional candidate. H. The assessors selected by the Consulting Company will assess the candidates for the rank being tested. 1. After the Video Recorded Assessment scoring has been completed for the ?rst promotional examination under this Agreement, for the ranks of Captain and Lieutenant, the total score shall be calculated by the Consulting Company as follows: Written Test Score maximum of 100 .50 50 Pts. plus maximum of 100 .50 50 Pts. plus Video Recorded Assessment Score Seniority Points maximum of 10 year 10 Pts. Maximum Possible Points . 110 28 J. After the Video Recorded Assessment scoring has been completed for the second promotional examination under this Agreement, for the ranks of Captain and Lieutenant, the total score shall be calculated by the Consulting Company as follows: Written Test Score maximum of 100 .40 40 Pts. plus Video Recorded Assessment Score maximum of 100 .60 60 Pts. plus Seniority Points maximum of 10 year lO-Pts. Maximum Pessible Points 1 10 K. After the Video Recorded Assessment scoring has been completed for third promotional examination under this Agreement, for the rank of Captain, the total score shall be calculated by the Consulting Company as follows-:- Written-Test Score maximum. of "100:: .30 -- 30 Pts- Plus. Video Recorded Assessment Score maximum of 100 .70 70 Pts. Plus Seniority Points maximum of 10 1 year 10 Pts. Maximum Possible Points 110 Pts. After the Video Recorded Assessment scoring has. been completed. for the Sergeant examination "under- this Agreement, the. tetal score shall be eat-cmatedz by the Consulting- Company as follOws-:- Written Test Score maximum of 100 .80 80 Pts. Plus Video Recorded Assessment Score maximum of 100 .20 20 Pts. Plus Seniority Points maximum of 10 1 year 10 Pts. Other Points (Section maximum of 3 3 Pts. Maximum Possible Points 1 13 Pts. M. A ?nal official rank order list shall be created of all eligible candidates in accordance with all the promotional procedures set forth herein. The ?nal list of eligible candidates for the rank of Lieutenant and Captain shall remain in effect for eighteen (l 8) months. The final list of eligible candidates for the rank of Detective Investigator and Sergeant shall remain in effect for'twelve (12) months. When the Sergeant assessment is initiated, the final list of eligible candidates for the rank of Sergeant will increase from twelve (12) to eighteen (18) months. This paragraph applies to all examinations taken after- une l, 2010. 29 N. The Video Recorded Assessment may be appealed using a Second Review Process as established and overseen by the Consulting Company. The decision of the Consulting Company regarding appeals using the ?Second Review Process? shall be ?nal and binding. 0. The consulting company will be responsible for the security of the Video Recorded Assessment process. Section 4. Requirements After Promotioil. A. Of?cers promoted to Detective Investigator, Sergeant, Lieutenant or Captain shall attend a mandatory investigator (Detectives), supervisory or management (Sergeant, Lieutenant and Captain) training program designed for that rank of no less than 40?hours prior to or after being promoted. Of?cers who are promoted to the rank of Detective Investigator, Sergeant, Lieutenant, or Captain and who haVe not attended the mandatory training program shall be required to attend the required training. within sixty (60.) calendar days of promotion. Of?cers. promoted to Detective Sergeant, Lieutenant. or Captain shall be assigned to one or more Of?cers of equal rank for on-therj ob ?eld training for a period of no less than one (1) calendar month during their probationary period. Of?cers promoted to the rank of Captain shall be required to complete their on?th?e?job ?eld training assigned to and physically working with a Captain assigned to the Patrol Division at a police substation. C. Within fortyweight (48) months after being promoted, Of?cers promoted to- Lieutenant shall be required as a condition of maintaining. the. rank. to complete with a. passing grade: at; least hour-s. of college: credits; or achiew an. Associate-s. degree. from an accredith college: or Of?cers who haVe already satis?ed this requirement shall present proof to the Chief of Police. Of?cers who fail to complete this requirement the speci?ed time period shall be demoted to their previous rank and seniority. D. Within sixty (-60) months after being promoted, Of?cers promoted to Captain shall be required 'as a condition of maintaining the rank to obtain a Bachelor?s Degree from an accredited college or university. Of?cers who have already satis?ed this requirement shall present proof of completion to. the Chief of Police. Of?cers who fail to complete this requirement within the speci?ed time period shall be demoted to their previous rank and seniority. E. If the Of?cer fails to complete the mandatory college requirements within the prescribed time period after promotion, the Of?cer will be allowed to appeal the demotion only if exigent circumstances or an emergency situation occurred which would have prevented the Of?cer from completing the requirements. F. If an Of?cer is promoted to the next higher rank before completing the educational requirements for his previous rank, the time requirements remain in effect for completion of the appropriate educational requirements for that previOus rank. For example, an Of?cer is promoted to Lieutenant on January 1, 2001 and has forty?eight (48) months to complete sixty (60) hours of college credits or achieve an Associate?s degree. The Of?cer is promoted to Captain on January 2, 2004 without achieving the college hours or the degree. The 30 Of?cer will have until December 31, 2004 to obtain sixty (60) hours of college credit or an Associate degree. Section 5. Appointment to Deputy Chief. The Chief of Police shall have the right to appoint a total of six (6) Deputy Chiefs which shall be one rank immediately above the rank of Captain and one rank immediately below the Assistant Chief in the chain of command. The appointment. of the 6?th Deputy Chief can occur after commencement of the Uniformed Evidence Detective Initiative (UEDI). This Article shall create no positions Within the rank of Deputy Chief other than. by this Article. As vacancies occur in the rank of Deputy Chief, the Chief of Police shall either appoint an Of?cer or permanently abolish the position within ninety (90) calendar days in accordance with this Section. Should the Chief of Police fail to appoint and the position is permanently abolished, the position of Deputy Chief shall revert to the rank of Captain or Lieutenant, whichever is applicable. Appointments to the rank of Deputy Chief shall be by the: Chief of Police at his sole discretiOn, provided that the Of?Cer promoted is a Captain or a Lieutenant prOvided the Lieutenant has a minimum of take (2-) years in rank, Of?cers appointed to this rank shall be subject to overall City policies and regulations and while appointed to this rank shall not be subject to the provisions of Chapter 143, Local Code, or any provision of this Agreement, unless speci?cally so providedby this Article. Of?cers appointed to the rank of Deputy Chief shall be required as a. condition of maintaining the. appointed rank to. obtain a. Master?s Degree from; an accredited college or university fortyeei-ght months; after- being: appointed, Deputy Chiefs. who. have already- .obtained. a Masrerse Degree.- prior to. being appointed. to. the rank of Deputy- Chief,- sh'atl- present preof of completion. to. the Chief of Police. within seVen (7). calendar days of being appointed to the rank. Deputy Chiefs who have not obtained a Masters Degree, must complete and make a passing grade on at least nine (9) hours of Masters Degree requirements in an approved Masters Degree program every twelve (12) months after being appointed to the. rank of Deputy Chief until such time as a Masters Degree is awarded. Deputy Chiefs will submit proof of the completion of the required hours to the Chief of Police and the Association on their annual promotion date until such time a Masters Degree is obtained.- Dep'uty Chiefs who fail to complete this requirement within the speci?ed time periods shall. be demoted within. ten? (10) calendar days after veri?cation by the Chief of Police of the Of?cer?s non-compliance. Of?cers shall be demoted to their previous civil service rank and seniority. Any Officer appointed to the rank of Deputy Chief may be demoted to their last tested civil service rank at the sole discretion of the Chief of Police without appeal to the Commission andl or Arbitration. Any Of?cer appointed to this rank may, further, voluntarily return to their last tested rank at any time. Upon demotion or voluntary return to the previously-held rank pursuant hereto, the Of?cer shall receive thereafter the full bene?ts provided in Chapter 143, Local Government Code, and this Agreement as if he had served in that rank on a continuous basis throughout his tenure as Deputy Chief, and any other non tested appointed rank. An. Of?cer appointed to the rank of Deputy Chief may be terminated for cause, provided that such termination shall be subject to appeal in the same manner as applicable to all classi?ed uniformed Of?cers in the Department. 31 Except for the position of Deputy Chief, nothing in this Article shall be construed to require the City to create the rank or establish and ?ll the maximum number of positions authorized herein. Further, nothing in this Article shall be construed to limit any existing right of the City to create ranks and establish positions in accordance with State law and City Charter. Deputy Chiefs appointed by the Chief of Police pursuant to this Section of this Agreement, may receive administrative leave for work performed in excess of their regularly scheduled duties. Said leave time may be granted at the discretion of the Chief of Police, subject to the scheduling and manpower contingencies that may ariSe. Of?cers appointed to the Deputy Chief position by the Chief of Police as provided for in Article 11, Section 5, supra, of this Agreement, shall be compensated at an annual salary of not less than ?fteen percent above the rate of a 30?year Captain?s base pay at Step plus longevity. The Officers so assigned shall be entitled to all benefits as contained in the following specified Articles of this Agreement:- Articl'Section 3; 11 Section 6; 14 Section. 1; 16 Sections 17.; 19.; 2-0 (without. premiUm' pay); 21.; 22: Sections 1'0. and 29-; 320:; 326' Sections 1-, 2-, 6; 37an'jd The City agrees to defend, indemnify, and hold harmless the Association and its Of?cers, agents, representatives, and Of?cers from any action, at law or in equity, brought by any Deputy Chief or other member(s) of the unit regarding this Section. Section 6. Appointment of Assistant Chief. The Chief of Police shall have the right to appoint two: Assistant} Chiefs which. shall be one: iinniedjately above the rank- o-f Deputy Chief and: one: rank immediately- below the Chief'of Police in the chain of cominand. This Article shall create no positions Within the rank of Assistant Chief other than by this Article. As vacancies occur in the rank of Assistant Chief, the Chief of Police shall either appoint an Of?cer or permanently abolish the position within ninety (90) calendar days in accordance with this Section. Should the Chief of Police fail to appoint and the position is permanently abolished, the position of Assistant Chief shall revert to the rank of Captain or Lieutenant, Whichever is applicable. Appointments to the rank of Assistant Chief shall be by the Chief of Police at his sole. discretion, provided that the Of?cer promOted is a Deputy Chief, Captain. or a Lieutenant provided that the Lieutenant has a two (2) years in" rank). Officers appointed to this rank shall be subject to overall City policies and regulations and While appointed to this rank shall not be subject to the provisions of Chapter 143, Local Government Code, or any provision of this Agreement, unless Specifically so provided in this Article. Effective October 1, 2005, as to Of?cers appointed thereafter only, Officers appointed to the rank of Assistant Chief shall be required as a condition of the appointed rank to obtain a Master?s Degree from an accredited college or university Within thirty?six (36) months after being appointed. Effective upon the execution of this Agreement, if a Captain or Lieutenant is appointed to Assistant Chief they shall have forty eight (48) months in order to obtain a Master?s Degree from an accredited college or university. Assistant Chiefs who have already obtained a Masters Degree prior to being appointed to the rank of Assistant Chief, shall 32 present proof of completion to the Chief of Police within seven (7) calendar days of being appointed to the rank. Assistant Chiefs who have not obtained a Masters Degree must complete and make a passing grade on at least one?third of any Masters Degree requirements they have left to obtain in an approved Masters Degree program every twelve (12) months after being appointed to the rank of Assistant Chief until such time as a Masters Degree is awarded. Assistant Chiefs will submit proof of the completion of the required hours to the Chief of Police and the Association on their annual promotion date until such time a Masters Degree is obtained. Assistant Chiefs who fail to complete this requirement within the speci?ed time periods shall be demoted within ten (10-) calendar days after veri?cation by the Chief of Police of the Of?cer?s non-compliance. Of?cers shall be demoted to their previous civil service rank and seniority. Any Of?cer appointed to the rank of Assistant Chief may be demoted to their last tested civil service rank at the sole discretion of the Chief of Police without appeal to the Commission and/or Arbitration. Any Officer appointed to this rank may, further, voluntarily return to their last tested at any time. Upon. demotion or volt'mtary return to the previously-held tested. I pursuant hereto, the Of?cer shall receive thereafter the. benefits provided in. Chapter 143., Local Government Code, and this Agreement as if he had served in that rank on a continuous basis throughout his tenure as Assistant Chief, and any other non tested appointed rank. An Of?cer appointed to the rank of Assistant Chief may be terminated for cause, provided that such termination shall be subject to appeal in the same manner as applicable to all classified uniformed Of?cers in the Department. Assistant. Chiefs appointed by the Chief of Police pursuant. to. this Section of this Agreement, may receive: administrative: leave. for Work pier-fanned in. excess. of their regularly scheduled duties. Said leave time?:- may be granted. at] the. discretion of the Chief? of Police?, subject- to. the. scheduling and manpOwer contingencies that may arise. Of?Cers appointed to the Assistant Chief position by the Chief of Police as provided for in Article 11, Section 6, supra, of this Agreement, shall be compensated at an annual salary of not less than eight percent above the rate of a Deputy Chief?s base pay plus longevity (a 30 year Captains base pay at Step .18 times that base pay). The Of?cers so assigned shall be entitled. to all bene?ts as contained in the following specified Articles of this Agreement: Articles of this Agreement: Articles 1; 4; 5; 7; 9; 10 Section 11 Section 14 Section 1; 16 Sections 2; l7; 19; 20 (without premium pay); 21; 22 Sections and 11; 23Sections 1, 2, 4, 5, 6; 37and 38. The City agrees to defend, indemnify, and hold harmless the Association and its officers, agents, representatives, and Of?cers from any action, at law or in equity, brought by any Assistant Chief or other member(s) of the unit regarding this Section. Section 7. Uniformed Evidence Detective Initiative The Chief shall implement an expansion in the Detective Investigator classi?ed job description in accordance the provisions of this Article. Even if they are on an existing eligibility list, Of?cers promoted to Detective Investigator after the classification change shall be subject to assignment in both the traditional Detective Investigators positions and in Uniformed Evidence 33 Detective (U.E.D.) patrol assignments. Should they choose to waive their "grandfathered" status, Detective Investigators currently assigned to the Crime Scene Unit may be assigned by the Chief to Uniformed Evidence Detective Patrol assignments. Additionally, all other Detective Investigators promoted prior to the amended Detective Investigator job classi?cation, who do not opt into the initiative, shall not be ordered to accept assignments to U.E.D. positions, but any Detective Investigator who voluntarily opts into the initiative and a U.E.D. assignment, shall be subject tosuch assignment from that point forward and shall be subject to the new classi?ed job description for the Detective Investigator rank. Of?cers on a current Detective Investigator eligibility list will be subject to a promotion with assignment to a U.E.D. slot upon the implementation date of the initiative. When a detective investigator promotion is accepted, "the Of?cer is subject to the new Detective Investigator classi?cation and all assignments including U.E.D. assignments. When the Chief determines to exercise his authority under this Section, he shall provide notice to all members of the Department concerning the implementation of the initiative. The Chief shall be entitled to de?ne the U.E.D. initiative by general order, and shall not be obligated to include every standard, component, or concept contained in the Association?s proposal for the initiative; hoWeve'r, the Chief shall be obligated once he implements the initiative to fully implement one hundred and ?fty four (154). Detective Investigator positions (reclassi?ed from Police Of?cer positions)?prior to the expiration ofwthis agreement.-After full implementation of this change in the classi?ed Detective Investigator position, sole Control over staf?ng levels in all positions and ranks shall be Within the authority of the Chief and the City Council in accordance with the Provisions of Chapter 143. As implementation of the UEDI is completed the civilian to uniform balance, as per Article 39,- of the current CSI unit will be phased out one pro rata basis with the departure of Uniformed of?cers frOm the. unit. Any new Major Crimes. CSI. or similar unit that is .- created. in. the future will. retain. sworn supervi'sors. for civilians. Section 8. Any promotional exam approved by the Civil Service Commission prior to the signing of this Agreement will be handled in accordance with the previous Agreement, except as speci?cally provided for Detectives on any current eligibility list in Section 7 above. Section 9. Preemption. It is expressly understood and agreed that all provisions of this Article shall preempt. any statute, Executive order, local ordinance, City policy Civil Service Commission rule or other City or rule, which is in con?ict with or is inconsistent with this Agreement and the procedures developed hereunder, including for example and not by way of limitation any contrary provisions of Sections 143.028, 143.029, 143.031, 143.032, 143.033, 143.034, 143.35 and 143.036. ARTICLE 12 Seniority Section 1. Seniority Defined. Seniority in this Article shall be de?ned as the length of service by an of?cer within his civil service classi?cation. All other factors being equal, seniority is the determining factor in the 34 assignment of relief days and vacation days and Operates within a section, unit, or detail for purposes of this Article. Assignment of sections or districts shall not be subject to the provisions of this Article, except in Section 6. . Section 2. Six?Month Requirement. When an Of?cer transfers from one section, unit, or detail to another, there shall. be no bumping of a less senior of?cer out of relief days or vacation days to which the less senior of?cer has been assigned. However, when premium relief days become open, the incoming of?cer, including Of?cers newly?promoted, may, after serving in the section, unit, or detail for six (6) months, then exercise his seniority in bidding for the premium relief days e. Vacation shall be handled in the same manner in that no Of?cer shall be denied vacation already scheduled; but, during the next. round of vacation assignments, the senior officer chooses before the junior officer. In the event of a simultaneous transfer, one Of?cer is moved out at the same time another Of?cer is. moved in, the incoming Of?cer is not entitled to assume the relief days and vacation days. of the outgoing Officer, eV-en though. his seniority is greater than other of?cers in the section, unit, or detail; other-wisel, the incoming Of?cer- is. placed in. his respective position as- to date of rank and bids with others as the next daYs and dates become. available. Section 3. ?All Other Things Being Equal? De?ned. ?All other factors being equal? is intended to relate to the total performance of an of?cer. In the event an Of?cer is denied premium relief days because of "unequal. factors", it shall not be for an isolated instance of poOr or. substandard performance, but it. may come about. because: of. a consistent pattern of dyerall' Sub-standard perfomance. Section 4. Military or Duty-Connected Disability. Time spent in the Armed Forces on military leave of absence and other authorized leaves and time lost because of duty-connected disability shall be included in length of service. Section 5. Seniority Tie-Breaker. SeniOrity shall be a factor in promotions and layoff or recall consistent with State law and City Ordinances and regulations. In the event of a tie. in the seniority of two or more of?cers, the of?Cer placing highest on the hiring or promotional list shall be the senior. Section 6. Certain Officer Transfer Rights. This Section applies only to those Of?cers holding the rank of Patrol Officer, Detective Investigator or Sergeant assigied to the Day (A Shift), Evening (B Shift), Dog Watch (C Shift), or the shift (when established) of the Patrol Division. To the extent that this Section differs with Sections 1, 2, 3, 4, or 5 above, this Section shall prevail so far as the affected shifts are concerned. - \Vhen an assignment is declared vacant in a section of the Day (A Shift), Evening (B Shift), Dog Watch (C Shift), or the shift (when established) of the Patrol Division, the opening shall be 35 awarded to the most senior of?cer on that shift of the applicable rank who voluntarily requests that assignment. In the event no of?cer of the applicable rank from that shift requests the assignment, any of?cer of applicable rank from the remaining shifts may request the position and it shall be awarded to the most senior of?cer. If the only of?cers voluntarily requesting the assignment have not been assigned to one of the Patrol Division shifts for six months (and therefore have no seniority rights), the position shall be awarded to the of?cer whose seniority rights will be reinstated soonest, regardless of their actual seniority on the Department. Detectives assigned to the Patrol Division as Uniformed Evidence Detectives shall participate in a separate SCHARDS system. Once an officer has been transferred, he will then be able to exercise his seniority based on the next available opening on that shift; provided, however, that of?cers transferring from outside the affected shifts shall not be eligible to exercise their seniority rights until six months have expired from entry into the affected shifts with the sole exception that officers transferring from one of the Patrol shifts to another Patrol shift shall be entitled to use his seniority in bidding on vacancies in conferm-ance with. this Section. immediately. Of?cers transferring from one of the Patrol shift-s to another shift or to another unit or division shall lose their vacation request time and will have to put in fer a new vacation schedule based on available openings on that. shift. Any of?cer covered by this Section may be removed from a position he occupies to another position within the speci?ed shifts, provided such is done on the basis of reverse seniority beginning the least senior person).- Probationary of?cers have no protection. under this article. The All-Ocarina. Detail or the PTO 'Ceerdinator controls. probationary of?cer assignments. Nothing in this Article shall be construed to limit in any fashion any right currently vested in the City by virtue of this Agreement, except as explicitly modified by this Article and such modi?cation shall be limited solely to the speci?c provisions of this Article. These rights include, but are not limited to, the right to determine when a vacancy exists, to determine the number of positions to be assigned to a division or shift, to transfer any person from the shifts covered by this Article to any position outside of those shifts, to make assignments of _of?cers not covered by this Article, and to make assignments of of?cers affected by this Article in conformance with the provisions contained herein. - ARTICLE 13 Hours of Work Section 1. General Provisions. A. Work Period. Of?cers will continue to work a seven?day work period in accordance with past practice, as-opposed to other work periods under the Fair Labor Standards Act. A ?work period? means a regularly repeating seven day calendar cycle that consists of ?ve, 8 hour or four 10 hour days. B. Contractual Overtime Provision. By past practice and through this Agreement, the City has established a pay pattern that allows Of?cers to receive overtime payment in pay or 36 compensatory time for any hours outside of the Of?cer?s regularly scheduled shift or workday. Nothing in the Agreement including Section below is intended, designed, or will change this practice. The City agrees it will continue to pay Of?cers for overtime in pay or compensatory time in accordance with this Agreement for any hours outside of the Of?cer?s regularly scheduled shift or workday. C. FLSA 207k Partial Exemption. The City and. the Association agree, that under the federal Fair Labor Standards Act, the City' is entitled to the 43-hour. exemption from payment of LSA statutory overtime compensation. This means that the City is not required by federal law to pay overtime to Of?cers until after the Of?cer has worked 43 hours in a workweek. Within the context of this Agreement however, the City shall continue to pay all contractual compensation in accordance with Article 8 Maintenance of Standards, and in accordance with Section above, which is enforceable by the grievance procedure of this Agreement. However, the City retains the right under Article 7, Management Rights, to change any process, accounting procedure, forms, periods, or other aspects of accounting practices if it reasonably determines that such change: is. necessary to comply with state. or federal. Ove'rtirne' law.._The City and the A-sSoc-ia'tion agree that the City shall not be obligated in any FLSA enforcement lawsuit to pay overtime until a 43-hour threshold is reached. Section 2. Local Government Code Section 142.0015 Override. Section 142.0015 of the Local Government Code provides among other things, that of?cers may not be required to work over 40 hours in a week unless an ?emergency? has been declared. Texas law, including but not: limited to Section 174.00.6(a) of. the. Local Government. Code, allows the part-ies.- to, this. Agreement to oven-ids and. change that. and. the. parties"- expressly agree to. override it. Accordingly, the Chief Or any supervisor shall continue- to be entitled to require work by of?cers beyond the regularly scheduled shift hours in a day, and over and above the 40 regularly scheduled hours within a seven-day work period. This practice, which the parties agree is both legal and proper without the need for a declaration of ?emergency,? will continue as a'bene?t to beth the City and the Association, as a contract provision which has been continuously in effect under all previous collective bargaining agreements. Any claim for additional wages based upon Section 142.0015 is expressly waived in consideration of the ?nalization of this agreement. - Section 3. Non-Shift Schedules Of?cers who are not subject to shift work, or covered by other provisions of this Agreement, shall work eight (8) consecutive hours except for interruptions for lunch periods. The workday shall conform to those hours. set by the City Manager for the other City employees who work regular non-shift work. The hours presently prescribed are from 7:45 am. to 4:30 pm, with forty-?ve (45) minutes for lunch. Section 4. Break Periods, City policy has for some time permitted two ?fteen (15) minute coffee and/or rest breaks per day when they can be taken without serious interference with the work at hand. Such breaks are normally taken mid-morning and mid?afternOon for Of?cers working non-shift, and for shift 37 workers at comparable time during the shift. This policy shall continue to apply to the Department; however, the missing of any coffee and/or rest breaks because of the press of business shall not be grounds for overtime payment or for a grievance. Notwithstanding this provision for compensation as to lunch, coffee, and/or rest breaks, Of?cers - remain within full coverage and bene?ts, not limited to life insurance, health insurance, and Texas Workers? Compensation Act, if the Of?cers are traveling to or from lunch or breaks or during lunch or break time and are performing activities that are in furtherance of the affairs. or business of police work. This shall apply unless the activities are speci?cally eXcluded by the provisions of the Texas Worker?s Compensation Act and the rules of the Texas Workers? Compensation Commission, or are excluded by the standards set forth in Article 36 of this Agreement. Of?cers who have by practice worked an eight (8) or ten (10) consecutive hour w0rkday, which included a thirty or forty-?ve minute lunch break, and are not speci?Cally covered by the sections below will. continue: to do: 30. Section 5. Hours for Certain Patrol Division. Unit's. Patrol Of?cers working on the Daylight Shift), Evening Shift), or Dog Watch Shift), or on the shift (when established) of the Patrol Division shall work a seven (7) day work period, with daily hours compensated at straight?time according to assignments as follows: Patrol Of?cers On. the Patrol Daylight Shift- shall Werk. from 6:00 am, t02-z00 pm, or from ant. to: minutes for. lunch and two ?fteen: (15). minute coffee- br'eaks'.- S'upervisor'sf for this shift". 81131] Work from 5:30 am.- to 1:30 pm, When a Shift is established, Patrol Of?cers on the Patrol Daylight Shift shall work from 6:00 am. to 2:00 with thirty (30) minutes for lunch and two ?fteen (15) minute coffee breaks. Supervisors for this shift shall work from 5:30 am. to 1:30 p.m. Patrol Of?cers on the Patrol Evening Shift shall work from 2:00 p.m. to 10:00 p.m. or from 2:30 p.m. to 10:30 with thirty (30) minutes off for lunch and two ?fteen. (15). minute coffee. breaks. Supervisors for this shift shall work from 1:30 p.m. to 9:30 p.m. When a Shift is established, Patrol Of?cers on the Patrol Evening Shift shall work ?om 1:30 p.m. to 9:30 with thirty (30) minutes for lunch and two ?fteen (15) minute coffee breaks. Supervisors for this shift shall work from 1:00 p.m. to 9:00 p.m. Patrol Of?cers on the Patrol Dog Watch or Night Shift shall work from 10:00 p.m. to 6:00 am. or ?om 10:30 p.m. to 6:30 a.rn., with thirty (30) minutes off for lunch and two ?fteen (15) minute coffee breaks. Supervisors for this shift shall work from 92-30 p.m. to 5:30 am. When a Shift is established, Patrol Of?cers on the Patrol Dog Watch of Night Shift shall work from 10:30 p.m. to with thirty (30) minutes for lunch and two ?fteen (15) minute coffee breaks. Supervisors for this shift shall work ?om 10:00 p.m. to 6:00 am. 38 The Chief shall have the right to establish a fourth Patrol Shift Shift) as shown in Attachment 8. The Patrol Shift shall work from 5:00 pm. to 3:00 am. with thirty (30) minutes off for lunch and two ?fteen (15) minute coffee breaks. Supervisors for this shift shall work from 4:30 pm. to 2:30 am. Initial staffing of the shift shall be accomplished in accordance with Article In the event that a fourth Patrol shift Shift) is established, overlapping shift change with one roll call shall be implemented. The Downtown Foot/Bicycle Patrol Unit of?cers shall be assigned to Work one of two (2) ten? hour shifts per day, daylight shift 7:30 am. to 5:30 p.m. or 5:30 pm. until 3:30 am, with thirty (30) minutes off for lunch and two ?fteen (15) minute coffee breaks. All supervisors assigned to patrol shifts shall report thirty (30) minutes prior to their shift and complete the shift thirty (30) minutes prior to scheduled shift hours with the exception of Bike Patrol. - If an Officer- requests .a thirty (30) minute meal break and is denied such request. because; of press of business a second time within such shift, and as a result thereof requests thirty (30) minutes of compensatory time or pay at straight time, said of?cer must submit: an "incident report" to the Section Sergeant as to the reasons why the of?cer could not take said meal break. The granting of or the refusal to grant the compensatory time or pay at straight time by the Section Sergeant shall be ?nal and binding on the of?cer, with no rights of appeal to the Commission and/or grievance and arbitration as provided elsewhere in this Agreement. The: City. will continue to. compensate Of?cers who. work. shifts for the minute lunch, coffee. and/"or- rest?; breaks; however, the: permitted. by article: for those time, periods shall. in no event. constitute time actually worked. by an Officer unless. that Of?cer is ordered by a supervisor to resume duties, or obtains supervisory authorization to do so. Section 6. Hours for Certain Units. Officers working on the daylight or night shift of CID or who are assigned to positions equivalent to those assigned to CID and who investigate criminal cases, ?le charges and dispositions, or who work in an undercover capacity .shall work a seven (7) day' work period with daily hours compensated at straight-time as folloWs: A. Of?cers below the rank of Lieutenant assigned to the daylight shift in CID or equivalent as described above may work from 7:45 am. to 5 :45 p.rn., with thirty (3 0) minutes off for lunch and two fifteen (15) minute coffee breaks. B. Of?cers below the rank of Lieutenant assigned to the night shift in CID or equivalent as described above may work from 7:00 pm. to 5:00 am, with thirty (30) minutes off for lunch and two ?fteen (15) minute coffee breaks. C. Of?cers above the rank of Sergeant in the units operating under the ten (10) hour work day shall continue to work a tour of duty consisting of eight (8) hours and forty-?ve (45) minutes, with forty-?ve (45) minutes for lunch and two ?fteen (15) minute coffee breaks, and shall be entitled to Saturday and Sunday as their regularly assigned relief days. 39 D. All existing schedules for units or Of?cers not speci?cally provided for in this Article remain under the discretion of the Chief. E. Of?cers subject to the ten (10) hours, four (4) day workweek shall include, but not be limited to, the following or successors in function: Off-Duty Employment Property Crimes Homicide Robbery Sex Crimes Night C.I.D. Detectives Repeat Offenders Program Technical Investigations Detail Financial Crimes Vehicle- Crimes Wrecker Service Of?cers assigned to the above units will continue to work the hours currently prescribed for those units and with lunch and break hours currently provided. It is not the intent of either the City or the Association to delete any unit currently operating under a four (4) day workweek as of the effective date of this Agreement. Breaks are normally taken midway through. the ?rst half and midway throngh the second half of a tour of duty. The. of coffee:- breaks. because- of the press of: busin'ess'.- shall. not" be? grounds for over-time payment or fer a. grievance; Section 7. Adjustment of Working Hours. The Chief shall have the right to adjust the working hours, and starting and ending time of any shift, or the units of C.I.D. covered by the ten (10) hour work day provided that such change does not cause an employee to work in excess of an average forty (40) regularly scheduled hours in a work period. In no case shall any changes in starting and ending times of shifts covered by Section 5: and 6 above exceed one hour in each calendar year. In the event the Chief decides. to exercise. his rights pursuant to this section, he shall nOti'fy the President of the Association in writing of the anticipated adjustment at least thirty (30) calendar days prior to implementation. The Association shall have fourteen (14) calendar days from the date so noti?ed to submit any comments or objections to the proposed change in writing to the Chief. If objection is expressed by the Association, representatives of the Association and the Chief shall - meet to- discuss the anticipated adjustment within the next succeeding seven (7) calendar days. This right shall not be subject to appeal pursuant to the grievance procedure contained in Article 15 of this Agreement, with the sole exception that the issue of regularly scheduled work in.? excess of the average forty (40) hours in a workweek may be appealed pursuant to the grievance procedure. Nothing in this section shall be construed in any fashion to limit the Chiefs right to establish the working hours of units not covered by Sections 5. and 6 . 40 Section 8. Both parties to this Agreement share a mutual interest in the implementation of a shift in the Patrol Division in order to accomplish better Of?cer availability and coverage during peak periods for police response and patrol activity. The Chief shall have the right to implement a shift, in accordance with the other speci?c provisions in this Article, provided that the Chief: A. Shall reallocate no less than 226 Patrol Of?cer positions when the process is started; B. The initial reallocation must be done within the ?rst 90 days after creating the shift; C. After full implementation at or above the 226 allocated positions, the Chief shall have the ?nal authority to determine any later reallocation of Of?cers among the 4 shifts, and to manage staf?ng based upon the need for service, call loads, and other demands on shift personnel. Any grievance over implementation of the shift shall be. limited. to compliance with subsections A and above, and no grievance shall be authorized after full implementation has been achieved as de?ned above. ARTICLE 14- City Property/Off-Duty Employment Of?ce Section 1. Introduction. The: existing. policies for off?duty employment: shall. prevail, except: that on matters involving jurisdiction- or emitter of- interest the Chief shall. have the right to amend the existing- policies, subject to grievance procedure outlined in Article 15 of this Agreement. Provided, however, this article shall no longer permit a distinction between public and private events nor between for- pro?t and non-pro?t entities. Section 2. I Off Duty Of?ce. The City shall establish. an of?ce. staffed with a minimum in rank of one Sergeant, sworn support. personnel, on-duty- transportation and of?ce. equipment necessary to handle requests of of?cers to work at City facilities. Such of?ce shall be located in the Convention Center complex. Of?ce space only, without additional staf?ng, shall be provided at the Alamodome. Section 3. Use of Sworn Personnel at City Facilities. A. The City shall utilize only sworn Of?cers for the purposes of providing security, crowd control, and other police-related activities at all City facilities. This shall not include ticket takers, badge checkers, or individuals whose duty is to enforce house rules. The Association recognizes that the City has legitimate reasons to work with performers or- entertainer?s special security needs. The City shall include in every contract for the use of City facilities that any vendor or lessee using said facility shall use only sworn Of?cers procured through the off-duty employment office for security, crowd control and other police?related activities while using the 41 facility, and that number of Of?cers determined to be necessary by the off-duty employment of?ce shall be paid by the vendor or lessee. For the purposes of this article, City facilities shall include only the following: (1) The Convention Center Exhibit Halls and Banquet Halls or future expansions - (2) The Lila Cockrell Theater (3) Market Square (4) Market Square?s Centro de Artes Ballroom; Fiesta Room; and Farmers Market (5) La Villita (6) The Alamodome (7) Municipal Auditorium (unless and until it is transferred to another.- entity, public or private, as to its ownership or operation). B. All. Of?cers assigned to Work at. City facilities on an off?duty basis shall be compensated as follows. Police Of?cers, regardless of seniority or other compensation, shall be paid at 1.2 times the of?cer?s straight time rate (not including longevity) for an Of?cer at Step of the salary schedule found in Attachment 2 of this agreement. All supervisors, regardless of rank or seniority, shall be paid at 1.2 times the straight time hourly rate for 3. Sergeant at Step A of the salary schedule. (not including longevity) if working in a supervisory capacity for the vendor. The straight time. rate shall be. Computed by multiplying. the appropriate rate from months: and dividing.- that; product. by hours. in a work. year. All payments will be made utilizing the Of?cer? 3 bi-Weekl-y payroll check. C. The. of?ce of the Chief of Police shall have the responsibility of staf?ng all City facilities with. sWorn Of?cers. The number of of?cers needed at any one such property or facility shall be within the exclusive prerogative of the Chief. The Chief shall establish and maintain a Department Procedure for administering this Section. The Procedure shall include sign-up, noti?cation on: a rotating basis, and other policies necessary for the administration of this Section.- - - D. The City agrees to pay Officers who work any Fiesta events and related activities in an off?duty capacity at Fiesta Pay, which shall be base plus longevity, times two (2). The City agrees to maximize the 'use of off-duty personnel who have signed up on the volunteer roster, and to minimize the use of on?duty- personnel, subject to the other provisions herein. Fiesta activities and events will be those that are de?ned in the Of?cial Fiesta Calendar published each year by the City and the Fiesta Commission. Events such as basketball games, concerts, or trade shows unrelated to Fiesta during the calendar days of Fiesta shall be paid at the regular overtime rate unless insuf?cient volunteers sign up for such events, then all volunteers whether or not from Fiesta volunteer roster shall receive Fiesta pay. Easter Sunday will not be covered under this: Section but. is covered under Article 20, Holidays, Section 1. E. The City and the Association shall not grant any exceptions to this Article, with the sole provision being that Of?cers who ?volunteer? their time without remuneration, of any type, 42 may work charitable events. ?Volunteers? are not exempt from the requirements for off-duty employment at City facilities, even where such volunteers under this paragraph are working on City facilities, and written permission for volunteers to work at City facilities must be approved by the Of?ce of the Chief or his designee. . F. Nothing in this Article precludes the City from utilizing personnel from private security companies to provide day?to?day security for any of the. facilities listed in paragraph A above. G. The City shall ?rst be required to call or otherwise make aVailable the opportunity for off?duty placement to SAPD personnel, and then to certi?ed peace of?cer City employees. After having done so, the City may ?ll any remaining need for certi?ed personnel with employees of other agencies outside the City organization. H. The Association, on behalf of the Department, will apply and coordinate any paperwork necessary to comply with the PriVate Security Act-3 of Texas. I. Section of the Fair Labor Standards Act makes. Special provisions for Officers of public agencies that, at their own option, perform off?duty employment. This FLSA section provides that the City may facilitate the employment or affect the conditions of the Of?cer?s off-duty employment. Additionally, the City may keep a roster and select from the roster, negotiate the Officers pay, retain a fee for administrative expenses, require the individuals who are hiring the of?cers to pay the costs directly to the City and establish procedures for the Of?cers to receive. their pay, and. require Of?cers. to; observe normal standards. of conduct their o'ff4duty-' employment- and enforce requirements action. Since the off~dnty employment provision was placed into the Agreement in 1988, the City and the Association have worked together to assUre compliance. The Agreement of 1.988 established an off-duty employment of?ce and established off-duty compensation at the rate of 1.5 times an Of?cer?s overtime rate in accordance with the Of?cer?s rank. This was renegotiated in 1994 and reduced to 1.2 times the straight time for an Of?cer at Step C. Additionally in 1994, the City agreed to provide Of?cers the opportunity to take compensatory time instead of pay for off-duty purposes. This. was considered. a pass through of the pay bene?t and was not intended or designed to impugn the separate and independent employer relationship outlined in Section 7. This Agreement removes the compensatory time. payment allowance to eliminate any challenge to that relationship. In furtherance of the Agreements, the City has paid Of?cers in the rare instances where vendors did not pay. This was considered an important bene?t to Of?cers. and not designed or intended to alter the separate and independent status of outside interests utilizing City facilities. The City and the Association have a continued relationship within the scope of the Agreement that allows the City to negotiate Of?cer pay rates and conditions of off?duty employment while maintaining a separate and independent status from the individuals contracting to utilize City facilities and off-duty Police Of?cers. J. Of?cers participatingin the off?duty employment opportunities provided through this Agreement are working off?duty for the lessees of city facilities and not for the City or the Department. In the event of any ruling or holding by a Court or any determination by the Department of Labor that non?payment by vendors makes the City liable for FLSA overtime as 43 the employer of Of?cers, the City may require that of?cers sign an agreement agreeing to look solely to the vendor for payment; provided, however, that the City will implement reasonable practices for collection of accounts in order to achieve. collection of such amounts in a commercially reasonable manner K. In the event of any ruling. or holding by a Court or any determination by the Department. of Labor that results in altering or changing the bene?ts provided by this Agreement under this Article or challenges the ability of the City to determine compensation under this Article, the Association agrees that the City shall not be subject to provide additional wages, compensation, or incentives of any kind beyond that which is speci?ed in this Article for purpose of off-duty employment at City facilities. To assure this outcome, the City and the Association agree to meet within ten (10) calendar days of the ruling, holding, or determination in an effort to resolve any con?icts with this Agreement. In the event that a compromise cannot be reached the ten (10) calendar day window period, the City and the Association will submit all unresolVed issues within (30) calendar days before neutral. arbitrator selected by the parties. If the. parties are unable to agree on an arbitrate-r, the parties- will each submit the name of a quali?ed neutral. person with DOL, judicial, or litigation experience in overtime. and. FLSA. compliance in matters involving law enforcement of?cers. The two neutrals will select a third quali?ed neutral with the same experience who shall serve as the chairman of the arbitration panel. The dispute shall be submitted to the arbitration panel within ten (10) calendar days of their appointment. The hearing shall be. conducted under Rules 5-10 of the Expedited Labor Arbitration Rules appended hereto as Attachment 1. The arbitration panel shall determine a decision within thirty (30) calendar days of their appointment. The arbitration panel?s authority is limited to all claims or. issues under this. section; however Under no. case. shall the arbitration panel issue. a ?lling that; has. the effect. of Compensation. rates provided by this: section. The. decision shall be ?nal: and binding on all. parties, and this: prece's'si Shall. be] exclusive for all claims or issues relating to the ruling, holding or determination which initiates the process. Of?cers seeking redress for offaduty- employment grievances not. relating to such issues shall do so on an individual basis and in accordance with the Grievance procedure of this Agreement. L. Of?cers shall be paid, in addition to the compensation for hours worked. for lessees using City facilities, the City ?special event? parking rate, which shall be an additional cost charged to the lessee as a part of total Of?cer security costs. This parking reimbursement shall be paid for one parking rate per day. ARTICLE 15 Grievance Procedure Section 1. Scope of Procedure. The City and the Association agree that the purpose of this grievance procedure is to provide a just and equitable method for resolving disagreements between the parties regarding the interpretation of the provisions of this Agreement. Only matters involving the interpretation, application, or alleged violation of a speci?c provision of this Collective Bargaining Agreement shall be subject to this grievance procedure. Disciplinary matters which are subject to the jurisdiction of the Commission pursuant to Chapter 143 Local Government Code are not subject 44 to this procedure but are covered in Article 28 of this Agreement. Where a statutory claim is asserted before any administrative agency or court, which claim(s) arises from the same factual occurrence made the basis of a grievance, the gievance shall be abated until final disposition or settlement of such unless the Of?cer agrees with the employer and the Association to submit all claims arising from the same factual occurrence, including statutory claims, to the grievance procedure herein. Any alleged violation(s) of Article 4, Section of this Agreement shall not be. the subject of a grievance unless there is an Agreement between the parties hereto and the of?cer to submit such issue(s) to the grievance procedure. Section 2. Time Limits. The parties shall adhere to the time limits as set forth in the procedure. In the event the of?cer or Association fails to meet the time limits at any step of the procedure, the grievance shall be considered satis?ed and no further action shall be taken. Failure by the City to meet the time limits at any step shall be considered an unsatisfactory response and shall automatically allow the grie'VaIICe to priOCeed. to the next. step. Such time limits may: be waived, h0wever, by mutual consent of: the; parties. in. Writing. I I Section 3. Steps. A grievance within the scope of this procedure as de?ned in Section 1 above shall be handled as follows: Stepl. Any Officer having. a matter which is felt to? be a; grievance, ?rst must. twenty~one.- calendar of'th'e? or: constructive knowledge; af'the' occurrence. or the. eyent causing the. problem- sub'init; such grievance. in- to the Association a copy- to: his immediate superVi'sOr. Said determination of whether a grievance exists shall be made by an Association. Grievance Committee. The Chief may appoint one (1) non-voting member of the Committee. The Committee may exclude the Chiefs appointed member from deliberations. If the Association exercises this right, the Chief of Police shall be entitled to exclude Association representatives from any administrative meeting, procedure, or process, where their presence or participation has been allowed, notwithstanding the provisions of Article 8. The Association Grievance Committee shall meet and render its decisiOn in writing within (30) calendar days of the receipt of the written grievance by the of?cer.- - In the event that the Grievance Committee decides that a grievance exists, the Association, representing the aggrieved of?cer, shall prepare a formal written grievance on behalf of the aggrieved Officer and proceed to Step 2. Nothing herein prohibits the City from challenging whether a grievance is timely. It is the intent of the parties to attempt to resolve disputes and grievances over the application, interpretation and enforcement of the Agreement at the lowest level. Nothing herein shall prevent the Association from meeting and conferring with the City, Chief or their designees in an attempt to resolve the alleged grievance before the time limits in Step 1 expire. Step 2. If a grievance is believed to exist, it shall be presented in writing to the Chief. The Chief shall have fourteen (14) calendar days to act on the grievance and render a decision in writing. 45 Step 3. If the grievance is not resolved at Step 2, the matter shall be submitted in writing to the Human Resources Director within seven (7) calendar days from the. decision at Step 2. The Human Resources Director shall within ?ve (5) calendar days submit the matter to the City Manager who shall review the matter and shall render a decision in writing within fourteen (14) calendar days. The Human Resources Director shall obtain the response ?om the City Manager or his representative and notify the President of the Association of the response and results within .?Ve (5) calendar days. Step 4. If the grievance has not been settled at Step 3, the parties shall have seven (7) calendar days from the date the Human Resources Director noti?ed the President of the Association, in which to appeal the grievance to arbitration for adjustment. An appeal from the Association shall be submitted in writing to the Human Resources Director. Since the City may also grieve against the Association, any grievance by theCity against the Association will be ?led directly with the President of the Association; and, if not settled within seven (7) calendar days, may be submitted to arbitration fer adeStrnent. - Section 4. Arbitration; If a grievance is submitted to arbitration, within fourteen (14) calendar days, the City and the Association shall agree upon an arbitrator. The parties may mutually agree to elect to use a panel arbitrator or expedited process pursuant to the provisions in Article 2.8 (Disciplinary Actions). For this purpose, the parties may agree in writing to utilize one or more arbitrators for a speci?ed period. of provided that: either party may request "selection on. any speci?c matter as If the parties. fail to: agree upon. an arbitrator, a? list. of seven quali?-edl neutral-s; shall. be requested, from the. American Arbitration Association Within fourteen calendar- days- from receipt of the list, the. Association and the City shall alternately strike names on the list and the remaining name shall be the arbitrator. The conduct of the. hearing shall be governed by the standard rules of the American Arbitration Association. The parties, by mutual agreement, may request that the hearing be held in accordance with the Expedited Labor Arbitration Rules which are found as Attachment. 1 to this Agreement and are incorporated herein by reference. Upon written request delivered at least seven (7) calendar days prior to the date of the hearing, a party to the proceeding shall provide to the opposing party the names and addresses of witnesses expected to be called at the hearing. In the absence of good or exCusable cause, the arbitrator may eXclude the testimony of a witness upon the failure of a party to disclose such a witness. The parties, in writing, may request discovery from each other concerning the grievance. Should the opposing party not agree to provide the requested information within seven (7) calendar days of the request; the request shall be deemed denied. The requesting party may then apply to the Arbitrator, who shall order such discovery as is apprOpriate to the nature of the case, consistent with, but not bound by, the rules of discovery in Texas civil cases. In considering the application, the Arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, and such other matters as he may deem material. In no event shall discovery be requested within seven (7) calendar days prior to the hearing. 46 The arbitrator shall not have the power to add to, amend,- modify, or subtract from the provisions of this Agreement in arriving at his decision on the issue or issues presented and shall con?ne his decision to the interpretation of this Agreement. The arbitrator shall con?ne himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him. The decision of the arbitrator shall be ?nal and binding upon the City and the AssOciation. The City shall bear the expense of any witnesses called by the City. The Association shall bear the expense of any witnesses called by the Association. The City and the Association shall share equally the fees and expenses of the arbitrator. Section 5. Miscellaneous Provisions; A grievance contesting action by the City Council or City Manager shall be ?led at Step 3 instead of Step 2-. The President of the Association may ?le a class action grievance on behalf of bargaining unit members similarly situated at Step 1 Within twenty?one (21) calendar days. of the of?cer or of?cers? aetual or constructive knowledge of the occurrence or event causing the problem. The Chiefs representative to the Association Grievance Committee may submit for the Committee?s consideration any evidence that the grievance has been addressed or resolved in a previous grievance or an arbitrator?s award. If the current. grievance, or an issue of the current grieVanee, is determined by the Grievance Committee to; have been. previously resolved, the. current: grievance, or. the issue. of the current grievance, be. deemed. as. denied by the Grievance Cernmittee and the grievantwi? be; bound by? the: prev-ions. resolution.- With the exception of all grievances ?led prior to the date of execution of this Agreement, if a grievance has not been ?nally resolved within three hundred and sixty ?ve (3 65) calendar days ?om the date of appeal to arbitration, and no mutually agreed time extensions exist or are requested by either party to the grievance, the grievance will be deemed to have expired. Grievance extensions will not be unreasonably denied under this paragraph. ARTICLE 16 Wages Section 1. Wage Schedule. Effective October 1, 2009 0% pay Wage increase. Effective October 1, 2010, an across-the-board 2% wage increase. Effective October 1, 2011, an 3% wage increase. Effective October 1, 2012, an 3% wage increase. Effective October 1, 2013, an across-the?board 3% wage increase. 47 If the members of the ?re ?ghters? bargaining unit reach an agreement on a contract that provides a base pay increase which is greater than an average of 2.2% annually in base pay over the term of their Agreement (which shall include the full period from expiration of their last agreement, whether or not pay changes apply to all or any portion of prior or ?retro? periods), the members of the police of?cers? bargaining unit will receive an across-the?board increase to equal that average afforded to ?re ?ghters. This provision shall only apply during the primary term of this agreement, and not to any extension or ?evergreen? periods. The average base pay calculation for the ?re ?ghters? bargaining unit outlined above will be determined after offsetting the value of any base pay increase to the ?re ?ghters agreed to in exchange for health bene?ts or other economic concessions. There shall only be an offset for purposes of this formula if there is a direct correlation between concessions on current economic bene?ts and base pay. Accordingly, if any potential across-the-board increase to the police of?cers? bargaining unit Under this provision is determined to apply, it will be equal to the average afforded to the ?re ?ghter-s minus the offset. A. Police Of?cer Rank Step Schedule. Wages shall be paid in accordance with the schedule outlined in Attachment No. 2, and incorporated herein. Upon successful completion of thirty (30) weeks, an of?cer becomes a Police Of?cer, Class 600, Step A, and shall be entitled to all pay and bene?ts of that class. A Police Of?cer shall serve one (1) year in Step A and then will be moved to Step of the pay schedule, upon completion of the education requirements contained in Article 33, Section 2. Upon completion. of ?ve1(5') years of commissioned service, an Of?cer is moved from. Step of?rhe; pay- sche?dule: to Step Police Of?cers with at least ten (10) years seniority in rank and forty (40) accredited college hours or ?fteen (15) years seniority in rank shall be eligible for Step which shall be two percent increase above a Step C. Police O?icers with at least ?fteen (15) year-s seniority inrank and sixty (60) accredited college hours or twenty (20) years seniority in rank shall be eligible for Step which shall be two percent increase above. a Step - Police Of?cers. with at least twenty (2.0) years seniority in rank and sixty (60) accredited college hours. or twenty-?ve (25) years seniority in the rank shall be. eligible for Step which shall be two percent above a Step E. Those Police Of?cers who have achieved Step D, or may be identi?ed by an appropriate insignia approved by the Chief to be worn on the sleeve of the uniform shirt and/0r jacket. B. Detective Rank Step Schedule. Detectives with at least ?ve (5) years seniority in rank and forty (40) accredited college hours or ten (10) years seniority in rank shall be eligible for Step which shall be three percent increase above Step A, entry level into the Detective rank. 48 Detectives with at least ten (10) years? seniority in rank and sixty (60) accredited college hours or ?fteen (15) years seniority in rank shall be eligible for Step that shall be three percent increase above Step B. Detectives with at least ?fteen (15) years seniority in rank and sixty (60) accredited college hours or twenty (20) years seniority in the rank shall be eligible for Step that shall be two perCent above Step C. - - C. Sergeant Rank Step Schedule. Sergeants with at least ?ve (5) years seniority in rank and sixty (60) accredited college hours or ten. (10) years seniority in rank shall be eligible for Step which shall be two percent increase above Step A, entry level into the Sergeant rank. Sergeants with at least ten (10) years Seniority in. rank and. sixty (60) accredited college hours or ?fteen (l 5) years seniority in the rank shall be eligible for Step which shall be two percent increase above Step 13-. D. Lieutenant Rank Step Schedule. Lieutenants with at least ?ve (5) years seniority in rank and sixty (60) accredited college hours or ten (10) years seniority in rank shall be eligible for Step which shall be two percent increase above Step A, entry level into the Lieutenant rank. Lieutenants. at least- ten years seniority in and sixty college hours or ?fteen (15) years seniority the shall be eligible for Step which shall be two- percent increase above Step B. E. Captain Rank Step Schedule Captains with at least ?ve (5) years seniority in rank and a Bachelors degree or ten (10) years seniority in rank shall be eligible for Step which shall be- two percent increase above Step. A5 entry level into the Captain ranki Captains with at least ten (10) years seniority'in rank and a Bachelors degree or ?fteen (15) years seniority in the rank shall be eligible for Step which shall be two percent increase above Step B. I Section 2. Pyramiding. Where an Of?cer is eligible for more than one rate of overtime pay, he shall receive only one of those rates at a time, though it shall be the higher rate.- 49 Section 3. Shift Differential Pay. A. All Police Of?cers permanently assigned to begin work after 12:00 pm; including but not limited to shifts currently referred to as the Evening "Dog Watch" or shifts are to receive $350 per- month differential pay. B. Only Of?cers permanently assigned to or on Special Assignment. approved through the of?ces. of Division Commanders to begin work after 12:00 pm. shall receive shift differential pay. Of?cers on special assignment must work an applicable shift for eighty (80) hours or more of any calendar month to be entitled to differential pay for that assignment for the full month. C. Of?cers who. are permanently assigned to begin work after 12:00 pm. and who by aSsigmnent have the discretion in their working hours must work an applicable shift for eighty (80) hours or more of any calendar month to be: entitled to differential pay for that assignment for the. full month. Section - Longevity Pay. In addition to wages as set forth in the pay schedule, each Of?cer's base pay shall be increased by three percent for each ?ve (5) years of his longevity, to a maximum of thirty (30) years, Le, a thirty year veteran would receive an additional eighteen percent On each Of?cer's anniversary date which is not a. multiple of ?ve, he shall receive an eight dollar increase in his longevity pay per month, provided, however, that. he: shall. no. longer receive lo'n'gevity? pay of: $4.00. per year of service, to a of twenty-?ve (2-5) year-S. as is set form in State law, and that the eight" dollar interim adjustments. will not increase any ?fth year level. Section 5. Standby Pay. All quali?ed Of?cers assigned to S.W.A.T., K-9, Bomb, Bomb alternates, Meth Lab Certi?ed Detectives, and Crisis Negotiating teams shall. receive One Hundred Fifty-Seven Dollars ($157.00) per month standby pay during each month of active assignment.- All- Of?cers assigned to the Detail shall receive three (3) hours of overtime compensatiOn per workweek and. an additional hour-and-one?half hours of overtime compensation per workweek for each additional animal. Such overtime compensation shall be provided for the housing and feeding of assigned canines. The parties agree that an accurate computation of hours of work caring for a police dog is dif?cult or impossible to determine and that the compensation provided herein is a fair and reasonable agreement considering all pertinent facts and circumstances. If a police dog is retired (taken out of service by the City) the Chief of Police shall award the police dog to the Of?cer if the Of?cer so desires. The City shall have no further obligation for the care, maintenance and support of the police dog. 50 Section 6. Language Skills Pay. Each Of?cer shall be entitled to Language Skills Pay upon satisfactory completion of the testing requirements for pro?ciency as set forth in Administrative Directive 4.38. The amount shall not be less than the amount payable to other City employees. Any Of?cer who has not taken or passed the pro?ciency test shall not be assigned to or required to use .second language skills on the job, provided that any Of?cer Whose personal judgment indicates that using a second language is appropriate to the safe and expeditious handling of police business should be willing to do so. No discipline may be imposed for differences in the exercise of such judgment. Section 7. Helicopter Assignment Pay. All Of?cers who are assigned to the Helicopter Unit shall be compensated at One Hundred Fifty-Seven Dollars ($157.00) per month of active assignment. The City shall pay the costs of all required training and. seminars needed to maintain the: Of?cer?s ?ight. eligibility, certi?cations and licensing. The City shall continue. to provide.- all safety equipment, including. ?ight helmets, ?ight suits, and gloves. Section 8.- Drug Recognition Experts. Of?cers who are certi?ed by the Sam Houston State University program, and recerti?ed periodically as required by Department policy, and who are assigned by the Chief to provide drug recognition expertise to other members of the Department, shall receive One Hundred Dollars ($100.00.) per month for each month. of active. assignment. Secti'o?n?Q; volunteer-s in Policing. Of?cers (not to exceed the rank of Sergeant) assigned as Volunteers in Policing coordinators, up to a maximum of seven (7), shall receive One Hundred Fifty-Seven Dollars ($157.00) per month for each month of active assignment. The Chief may at his discretion cancel (or reactivate) the Volunteers in Policing assignment pay at any station should the number of civilian volunteers actively participating in the program drop to a number no longer justifying the Volunteers in Policing assignment pay. - Section 10. Overtime, Regular Rate, and other Pay Calculations. A. Overtime, pension, Fiesta pay, court and call?back pay, holiday pay, longevity, education, shift differential, PTO, incentive pay SWAT, helicopter, VIP, crisis negotiation, instructors and bomb tech), certi?cation pay and language skills pay will be paid in accordance with this Agreement and past practice. B. The Association agrees that, for the term of this agreement (including any extension period), all past pay practices under the terms ?regular rate of pay,? ?rate of pay,? or ?regular pay? in the previous agreement, including those which have been calculated and paid based on base pay or base pay plus longevity (examples below) are deemed as proper pay practices under the prior agreement and will remain proper under this agreement. Should any grievance contesting the de?nition or calculation of pay or ?regular rate of pay? be ?led after 51 August 1, 2003, contesting such ?regular rate of pay? issues, it is the position of the Association that said grievance is Without merit and will be immediately resolved in accordance with the agreed and accepted past pay practice. This provision is intended to assure that the City will have no such retroactive liability for such pay? practices, and has been relied upon by the City in accepting and approving this agreement. This agreed condition is essential to this agreement. C. Therefore, in the event of any successful Officer(s) claims, by grievance or lawsuit, under the terms ?regular rate of pay,? ?rate of pay,? or ?regular pay?? the Association agrees to share in the liability by special assessment and pay for such claims at the ratio of 50% Association, 50% City. To the extent that any such matters are asserted by suit, the Association shall provide and pay for c00perating joint defense counsel, or pay 50% of the City?s cost of defense. D. In. accordance with arbitration rulings, sick leave buy back and sick leave upon separation pay shall be calculated to include all incentives as used in that Calculation for an individual Of?cer. For- purposes of Section 9 of this Article, incentives are de?ned as. those paly additions that apply to. an individual. Of?cer. This would include but not lie-limited to: the. various assignments pays such as TO, SWAT, helicopter, and VIP. Also included would be any applicable educational pay, shift differential pay, language skills pay, and certi?cation pay. E. Should this Agreement create any new pay categories, such categories shall be included for overtime, pension, and leave. upon separation computation unless speci?cally excluded by Wording Within the applicable section. F. This section does nor have. the effect. of? altering the duty to. pay. overttmee when required by the FLSA at 1.5 times the. ?regular- rate of pay? as de?ned. by federal law; the parties recognize, howeVer, that this agreement, portions of which predate the FLSA, has not used the term ?regular rate of pay? in the manner. de?ned by the statute. G. The computation for the calculation of longevity pay Will be base pay at the of?cer?s appropriate step multiplied by the percentage increase of the Of?cer?s longevity position plus $8 for each additional year up to a maximum-of 4 years. 5 Years 3% 10 Years 6% 15 Years . 9% 20 Years 12% 25 Years 15% 30 Years 18% H. Pay Examples Longevity: A 22-year patrol of?cer in step would make $4,9l2for base pay times 12% for longevity plus an additional sixteen dollars total for years 21 and 22. .12) +16 $605 .44). - Fiesta Pay shall be double time: Base plus longevity times two (2). I 52 All Past Pay Practices in relation to Court and Calleack shall continue, except as changed and modi?ed by this agreement. Court and Call back shall continue to be paid at one and one?half (1.5) ?regular rate of pay? for actual time worked. However, Court and Callback shall never be paid in an amount less than 3 hours 1.5 base pay plus longevity. The of?cer will be given whichever amount of pay is higher but not both. The Holiday and Premium Holiday rate of pay shall be as follows: Holiday pay shall be compensated at double time, which is the regular rate of pay (inclusive of all the subject of?cer?s incentives or add?on pays) for the day worked, plus credit for the holiday, which is accrued additional leave time; and double time and one half (2.5) on a Premium Holiday, (which is pay for the day worked and accrued additional leave time or payment), depending on which type of Holiday was worked. This is inclusive of all. incentive pays for calculation of regular rate of pay for this article. Example: Regular? Holiday: of?cer works Memorial Days, 20-10 3. the. officer gets paid his regular compensation for the work day and has already been paid incentives for the month. An additional day is credited for accrued leave, and not as pay. Example: Premium Holiday - a step patrol of?cer on dogwatch with a Bachelors degree making $4,912 per month base with 20 years would receive $589.44 per month in longevity. He will receive $350 per month for shift-differential. and $315 per month for a Bachelors degree. $4,912-+ $58.9.44.+ $3.50 $3.15 $6,166.44per month times 12 months $73,997.28divided by 20.80 hours: worked per year In this example for a premium holiday, the of?cer would receive 20 hours (8 hrs. 2.5 rate) compensation for an 8 hour day. (20 X. $35.58: $71 1.60), which may be taken as follows: 1. Eight hours regular day wages plus 12 hours compensatory time. . Eight hours regular day wages plus 12 hours at $35.5 8per hour. 3. Eight hours regular day wages plus 8 hours cempensatory time and 4 hours at $35.5 8per hour. 4. Eight hours regular day wages plus 4 hours compensatory time and 8 hours at $35.58per hour In the event that an of?cer works a ten (10) hour work day then the same logic would apply in calculating their compensability. ARTICLE 17 Death in Family Leave In the event of a death in the immediate family of an Of?cer, the Of?cer shall be granted consecutive working days off with pay according to the following schedule: Of?cers working a ?ve-day forty hour week will be granted four (4) consecutive working days off. 53 Of?cers working a four?day ferty hour week will be granted three (3) consecutive working days off. The immediate family shall be de?ned as mother, father, legal spouse, child, brother, sister, half?siblings, grandparents, spouses? grandparents, great-grandparents, spouses? great? grandparents, mother-in?law, father-in-lawf, grandchildren, step?parent, step-children and other members of the immediate household residing with the Of?cer. Unless exclusive permission is received from the Chief of Police, the working days as outlined by this Section shall be taken within fourteen (14) calendar days from the date of the death of the family member. Of?cers on military leave during the time of death of an immediate family member shall not be entitled to the provisions of this Article. In the. ease of death off-?ends. or relatives outside the: immediate ojr' i?f'an Of?cer wishes to perform service as apal'l'bearer, an Of?cer may request: other types accrued leave .- The leave. must be approved in advance by the Of?cer?s supervisor. ARTICLE 18 Court and-Call-Back Pay Section 1. "call back?? as used in this Article means an Of?cer having been rele?a'sed fro-m. duty" for ?fteen or mere minutes and called back to repert to duty by an appropriate Supervisor or. authority. Of?cers failing to complete assigned duties and/or tasks within their assigned tour of duty and are called back or held over to complete the assigned duties and/or tasks within ?fteen (15) minutes from being released from duty are not subject to ?call?back? as outlined in this Article. Additionally, Of?cers whovoluntarily report to duty prior to roll call and are ordered to perform a duty and/or task are not subject to ?call-back? as provided in this Article. However, Of?cers may submit for time and a half overtime extending from the end of their tOur of duty until such time the assignment has been completed (including court time) and they are released by the appropriate supervisor or from the time they are ordered to perform a duty and/or task upon reporting early to work until the beginning of the tour of'du-ty. Off?duty court time and call back shall be paid at the rate of time and one-half, with a three (3) hour minimum and paid at double. time with a three (3) hour minimum on vacation and relief days. An off?duty Of?cer who attends court or a pretrial conference and is dismissed for the remainder of the day before three (3) hours time has elapsed is entitled to three (3) hour minimum.- An off~ duty Of?cer who attends court or a pretrial. conference in the morning, is released for lunch, and returns to complete his attendance in court or the pretrial conference, is compensated for the actual time spent in court or conference, inclusive of the time he initially reported until ?nal dismissal by the apprOpriate authority. For example: 54 Off?duty Of?cer Jones attends 150th District Court or Municipal Court 6 at 1000 hours. The judge releases Of?cer Jones for lunch at 1200' hours with instructions to return at 1300 hours. Ultimately, Of?cer Jones is dismissed from court at 1400 hours. Of?cer Jones submits one card for four (4) hours compensation. When an off?duty Of?cer attends one court and is released or dismissed prior to the expiration of the three (3) hour time frame and is required to attend a second court immediately after the expired three (3) hours, the Of?cer will be compensated for two (2) separate. three (3) hour court callbacks, For example: to Off?duty Of?cer Sanchez attends 150th District Court or Municipal Court 6 at 0800 hours and is ?nally released at 0900 hours. He then attends 1301}] District Court or Municipal Court 1 at 1100 hours and is dismissed at 1130 hours. Of?cer Sanchez submits two (2) cards, each for a three (3) hour minimum. When an off-duty Of?cer is requested. in more than. one conference on the same. day,- he will be compensated for attending. only one} (.1), if the" other appearance. times: are. within three (3) hours of the ?rst one. For example: - Off?duty Of?cer Jones attends 130th District Court or Municipal Court 1' at 1000 hours and is dismissed at 1100 hours. He then appears in County Court 2 at 1130 hours and is ?nally dismissed at 1200 hours; Of?cer Jones submits one card for three (3) hours compensation. This" provision applies to" the: ICC-liming 9011115. in Workaclated. matter-s or the. course. employment only: . District Courts. County Courts?at?Law. Grand Juries. Justice of the Peace Courts. Municipal Courts. Civil. Service Commission or Arbitration. Hearing (when an of?Cer. is subpoenaed by the City). Texas Alcoholic Beverage Commission. hearings. Federal Court. Administrative License revocation Hearings (ALR). Pre trial conferences. Pardon and Parole hearings. Wanna For purposes of this Article, a vacation period shall be de?ned as any three (3) consecutive days of paid leave (comp. time, holidays, annual leave) and any relief days occurring within that time period which has been previOusly- scheduled in accordance with- regular Departmental policies. Relief days shall not. be counted as apart of the three (3) day mini-mum speci?ed above, provided, however, any relief days occurring during the scheduled vacation period which covers the time from the last hour worked before the start of the vacation period and continues until the. ?rst hour worked after the scheduled vacation period shall be considered a vacation day for the 55 purpose of this Article. Relief day shall be de?ned as covering the time ?om the last hour worked before the start of the relief day and continues until the ?rst hour worked after the scheduled relief day for the purposes of this Article unless it occurs within one and a half (1 1/2) hours of the end of the Of?cer?s duty shift on the last day the Of?cer worked. An off-duty Of?cer who is subpoenaed for and participates in a telephone ALR Hearing set by a judge will be compensated for one (1) hour at a rate of time. and one?half and paid. at double time rate if he is on vacation or on his relief day. In the event the telephone ALR Hearing exceeds one (1) hour, the Of?cer will be compensated for the actual time spent testifying in the ALR Hearing. When an Of?cer is subpoenaed by the respondent to a Civil Service or Arbitration hearing he will be granted compensatory time at the rate of one hour per hour required to satisfy the subpoena to a maximum of three (3) hours. Section 2. It is understood that. the. Chief is responsible. to deliver subpoenas issued by Bexar County and District Courts at an appropriate time to insure that Of?cers are in court only when their presence is required. To accomplish the above, the Chief may place Of?cers on a stand-by not to exceed one (1) hour in the morning and/or one (1) hour in the afternoon. An Of?cer must receive speci?c noti?cation from court liaison personnel, District Attorney personnel, County Court. or District Court personnel, to be on afternoon standby. The time is set at 10:00 am. to 11:00 am. The- time is set at 1:30 pm. to 2130- pm. Of?cers placed on stand-by shall be compensated as folloWsz- -- A. Stand-by,- off?duty on regular workday compensation at; time and. one"- half. B. Stand-by, off?duty on vacation or relief day is one-hour compensation at double time. C. When an OffiCer is placed on standby, the Of?cer must be available by his phone during the speci?ed. time. period. If the Of?cer is not available by his phone during the speci?ed- time period, the. Of?cer: will not be. compensated. D. For an Of?cer to be placed on standby, he must receive speci?c noti?cation frOm Court Liaison Detail personnel, from a judge, or from a district/county prosecutor. When an Of?cer is placed on standby by a judge or district/county court prosecutor, he must notify the Court Liaison Detail. - E. Of?cers who are noti?ed by. court liaison to appear in court and are subsequently canceled by a proper authority will receive the following: 1. If canceled after. 4:30 pm. of the day before the assigned court. appearance date, compensation will be paid according to Section 2, A or above. 56 2. If canceled upon arrival at the assigned court, Section 1 of this Article applies. . Section 3. When an Of?cer on off?duty status is required to be on stand-by for several days in succession on the same subpoena, compensation may be claimed as in Section 2 above for each. successive day on standby at the applicable rate. Approval for standby for more than three (3)'days must be received from. the Court Liaison prior to being on standby. Section 4. Of?cers who are subpoenaed by other jurisdictions and have received compensation from those jurisdictions shall not be entitled to compensation as provided in this Article unless the Of?cer turns over all funds received from the other jui'isdiction to the of?ce of the Chief of Police and validates his attendance by completing the necessary forms. Section 5. For purposes .of this Article, an Of?cer shall be paid for all hours worked, including travel time, when traveling to courts outside a sixty (60) mile radius of the city. ARTICLE 19 Clothing Allowance The: clothing allowance shall be. per.- year,- payable at $60.00- per month- Each new Of?cer shall receive an initial .clothing allowancedf $480.00. Effective October 1, 2010 the clothing allowance shall be. $840.00 per year. The clothing allowance will be payable at $60.00 per month. In addition, a one-time payment of $120.00 will be paid during the ?rst. pay period after October 1, 2010. Effectiw October 1, 2.011 the clothing allowance. shall be $960.00 per year. The clothing. allowance will be payable at $60.00 per month. In addition, a one-time payment of $240.00 will be paid during the ?rst pay period after October 1, 2011. Effective October 1, 2012 the clothing allowance shall be $1,200.00 per year. The clothing allowance will be payable at $60.00 per month. In addition, a one-time payment of $480.00 will be paid during the ?rst pay period a?er October 1, 2012. Effective October 1, 2013 the clothing allowance shall be $1,440.00 per year. The clothing allowance will be payable at $60.00 per month. In addition, a one-time payment of $720.00 will be paid during the ?rst pay period after October 1, 2013. - 57 ARTICLE 20 Holidays Section 1. Holiday Accrual. Each Of?cer shall be credited with one day of accrued holiday leave for each holiday adopted by the City Council for each year. Any Of?cer whose start time for the work shift is on a premium holiday shall receive regular pay plus one and one-half times their base pay plus longevity (with the accrued holiday plus 1/2 time in pay or compensation time, or Without. the accrued holiday in pay or compensatory time, at the Of?cer?s discretion). Any overtime accrued in excess of the Of?cer?s regular duty hours, during the premium holiday, shall be at one and one half (1 1/2) times their base pay plus longevity (in pay or in compensatory time at the Of?cer?s discretion). Premium Holidays include: New Year?s Day, Easter- Sunday, Independence: Day, Thanksgiving Day, Christmas Eve Day, Christmas Day, New Year?s Eve Day Section 2. Hours of Holiday. For purposes of this Article, holiday Pay- and premium. holiday pay shall. be. paid to the Of?cer if the start time for the Of?cer?s work shift begins. during the holiday or premium holiday. Holiday and premium holiday pay shall be paid according to Article 16. - Section 3. Staf?ng of Holidays. The Chief has sole discretion to staff the Department on scheduled. City holidays in accordance. with Article 7, Section of this Such assignments are not subject to grievance. or arbitration procedures. Any decrease in staf?ng on these days will be done by reverse seniority within the details of the unit. Article 12, Seniority, Section applies to. this section in that no junior of?cer will be bumped out of working a premium holiday, if the senior Of?cer has not been assigned to the section, unit, or detail six months prior to the premium holiday. Section 4. Preemption It is expressly understood and agreed that all provisions of this Article shall preempt any statute, Executive Order, local ordinance, City policy or rule, which is in con?ict with or is inconsistent with this Agreement and the procedures developed hereunder, including for example and not by- way of limitation, any contrary provisions of Chapters 141, 1.42, and 143 of the Texas Local Government Code, including but not limited to Sections 141.032 and 142.0015 and Sections 143.041 through 143.047. 58 ARTICLE 21 Vacations Section 1. The City shall provide Of?cers vacation time on the basis of the following schedule: Years of Service Vacation Time 1 through 10 126 working hours 11 through 15 166 working hours More than 15 206 working hours Section 2. Vacation time shall be accrued and credited as follows: A. Officers shall accrue vacation at the rate of ten (10) hours per month, plus an additiOnal siX- (6) hours. on each anniversary date thereafter; B. On the date an Officer completes ten (10) years of service and on each anniversary date thereafter, he will be credited (on a lump sum basis) with forty (40) additional hours of vacation time. C. On the date an Officer completes ?fteen years of service and on each anniversary date thereafter, he will be credited (on a lump sum basis) with forty (40) additional hours o'f'vaeat-iontime for a total of eighty (8.0) hours. D. Fer purposes of this Article, anniversary- date. is de?ned asthe annual anniVer-sary of the officer-'3 beginning probatiOn with the. Department. Section 3. Preemption It is expressly understood and agreed that all provisions of this Article shall preempt any statute, Executive Order, local ordinance, City policy or rule, which is in con?ict with or is inconsistent with this Agreement and the procedures developed hereunder, including- for example and not by way of limitation, any contrary provisions of Chapters 1.41, 142, and 143 of the Texas Local Gov'er?nh?rent Code, including- but not limited to Sections 141.032 and 142.0015 and Sections 143.041 through 143.047. ARTICLE 22 Miscellaneous Leave Provisions Section 1. Leave Policies. All other leave policies in effect at the beginning of this agreement year shall remain in effect for the duration of the Agreement. 59 Section 2. Leave Pay Upon Separation. A Police Of?cer who leaves the classi?ed service for any reason shall receive a lump-sum payment in the full amount of his ending salary for the period of his accumulated compensatory time, holiday 5 hours, sick leave hours (in accordance with entitlements as provided for by statute), bonus hours, and vacation hours, provided that such payment, in the case of vacation hours, shall be based upon not more than seven hundred and twenty (720) hours of accumulated vacation leave. The bene?ciaries of any police of?cer who loses his life. as the result of an injury or illness in the course and scope of employment or While employed as an Of?cer shall be paid the full amount of his salary for the total number of his hours of accumulated leave. Section 3. Leave Buy Back. The City will buy back or convert either in ?pay? or in ?other forms of leave,? at the of?cer?s discretion up to 120- unused sick leave hours on a one?for?one- basis provided that the of?cer requests same. in uniting on a form provided by the City by the. end of the ?rst pay period. October; and the. of?cer has. a. balance after- the buy back (if not less. 4100.- hears accumulated sick leave, Sick leave buy back will be' paid at the regular rate of pay, which includes the incentive pay used in overtime calculations, applicable to the of?cer at the time the payment is actually paid to the of?cer for the leave buy back. E?ective October 1, 2012 and each October thereafter the City will buy back or convert. either in ?pay? or in ?other forms of leave,? 'at the of?cer?s discretion. up to 8 unused bonus. leave-hours on a. ones-fondue. basis provided that. the. of?cer- requests same. in writing, on a- form provided by the the: end of the. ?rst pay period in October; and the officer has a balance. after ?re. buy back of not less than 400 hours. accumulated benu-s leave. Bonus leave buy back will be paid at the regular rate of pay, which includes the incentive pay used in overtime ealeulatiOns, applicable to the of?cer at the time the payment is actually paid to the of?cer for the leave buy back. The City shall distribute funds in cash or as other forms of leave. The City agrees to allow Of?cers to adjust their paycheck the pay period before or after the sale of leave hours in order for the of?cer to make contributions to their deferred compensation plan. The. Accounting Unit will run in. the Daily Bulletin during the month of. September noti?cation to the Of?cer to ?le, in. writing, for the leave buy back. The City will pay the Of?cer his. amount due at the same time as other City employees are paid for their sick leave buy back but not later than Christmas Eve day. Section 4. Bonus Hours Leave. Each Of?cer shall be entitled to 8?hours of leave for each quarter of a calendar year (beginning January 1) of "perfect attendance". Of?cers off from duty for one of the following reasons are not eligible to receive the hour perfect attendance bonus: time off for sick leave; off-job injury leave; military leave in excess of 120 hours in a calendar year; leave. without pay; stress leave; and suSpensions. Full vacation days, holidays, and/or compensatory time usage that has not been scheduled and documented by the supervisor prior to the end of that of?cer's preceding day's shift will disqualify an Of?cer from receiving the perfect attendance bonus. Holidays, relief 60 days, Special assignments, administrative leave (with or without pay), and time restored by the Commission or an Arbitrator shall not affect the officer?s entitlement to the perfect attendance bonus. An of?cer may accumulate no more than 400 hours of perfect attendance bonus hour time. In the event that an of?cer has reached the maximum number of Bonus Hours that may be accrued, the excess Bonus Hours may be converted to vacation leave or holiday leave at the discretion of the of?cer. Section 5. Compensatory Time Accrual. Each Of?cer may accumulate 480 hours of compensatory time. Section 6. Holiday Leave Accrual. Each. of?eer' may accumulate. up. to a. of three hundred and twenty (320.). hours of holiday leave at the rate of at least eighty (8.0) hours per year. Section 7. Leave Conversion. For purpose of clari?cation only, the following chart details the type of leave and What amounts over the accumulated maximummay be converted into at the discretion. of the of?cer. Of?cers who have maximum leave. accrual that. cannot. be converted intent-her- categories- because of. accumulation in those categories are subject to- Seciti-on off 0 Holiday (320 hours) into Vacation 0 Vacation (720 maximum hours) into Holiday 0 Bonus (400 maximum hours) into Vacation/Holiday 0 Sick (1 (as applicable per Section 3 above) into Compensatory Time/Holiday/V?acation Section 8. Savings Clause. No of?cer c?oVered by this agreement shall lose any holiday[s], Vacation, compensatory or bonus hours he accumulated during the duration of this agreement that exceeds the maximum permitted acCrual amount allowed by this Agreement, unless. after being given written individual notice to take the holiday, vacation, compensatory or bonus hours Within a speci?ed period not less than thirty (3. 0) calendar days, the of?cer fails to do so. Section 9. Flex Relief Days Armed Forces Reserve or National Guard members will be entitled to ?ex relief days, (RDS), once a month for the purpose of meeting their two?day reserve/ guard training commitment. This bene?t is in addition to the annual ?fteen day military leave policy IAW Federal law. 61 Section 10. Injury?on?Duty Leave. Any Officer may be granted Injury~on?Duty (IOD) Leave by the Chief of Police after three hundred and sixty-?ve (3 65) calendar days ?om the original date of injury if: A. Medical. documentation from the Of?cer's physician is provided showing additional medical treatment or procedures are needed and are as. a result of the original injury. B. When presented with such medical documentation, the Chief shall have the right to require the Of?cer to be evaluated by a physician as designated by the City for con?rmation of the ?ndings of the Of?cer's physician. Should the determination of the City's designated physician be different than that of the Of?cer?s designated physician, the two of them shall select a third physician who shall be supplied all pertinent and relevant records of the of?cer. This third physician shall evaluate said records and, if necessary as. determined by him, conduct. an additional medical evaluation of the, Of?cer involved, The determination: of this third physician shall- be; ?nal and. binding on parties: and; not: subject. to appeal to the: Commission and/or grievance and arbitratiOn as provided for in this Agreement. Should. the determinatiOn: of the third, independent physician agree with the Of?cer's physician, the City shall bear the cost of this third physician's eValu'ation. - . . If this third physician's evaluation agrees with the evaluation of the City's designated physician, the cost of the third physician's evaluationand examination shall be borne by the Of?cer. The. Of?cer will not be charged any sick leave during second. - or other oceurrjing period of an original. IOD incident, but will be granted. immediate IOD leave. D. If it is determined by licensed physicians that the second or subsequent treatment period is not a result of the Original injury, the Of?cer will have the IOD time rescinded and charged sick time. In the event the Of?cer has no sick time on the books, he will forfeit any other type of accumulated leave on the books to equal this IOD time taken off. In the event the Of?cer has no time on the books, he or she shall pay back the time at one-half of all vacation, holiday, and sick time accumulated until all IOD leave is satis?ed. E.- The Chief of Police shall have the fm'al authority and it will no longer be necessary to submit such're'quests to the City Manager's Of?ce, or City Council, for approval and extended IOD leave. In the event such additional IOD leave is denied, the employee will retain the right to appeal the-denial to the City Manager and City Council. Section 11. Jury Duty. A leave of absence, without loss of regular pay, shall be granted to an Of?cer upon his actual jury duty service, unless excused there from; provided, however, that such Of?cer waives or remits to the City his jury fee and provides proof of jury service veri?ed by the court liaison section and submitted to Police Accounting. 62 Section 12. Sick Leave Pool. Each of?cer shall accumulate 120 hours of sick leave, with pay, per calendar year. When the total number of sick leave pool hours drops below 5,600, 8 hours of sick leave with pay from each officer participating in the program shall become part of the sick leave pool, and any remaining hours shall continue to be credited. to the individual of?cer. Of?cers having opted not to. participate will not, under any circrirnstances, be allowed to enter the pool at any later date. Any Of?cer who voluntarily drops out of the pool may not, under any circumstances, be allowed to re?enter the pool. Noti?cation to the Accounting Unit must be provided, in writing, by the Of?cer who drops out of the pool. The Accounting Unit shall include a copy of this report in the Of?cer's ?le, and must forward a copy to the Chiefs Of?ce for inclusion in the Of?Cer's permanent "201" ?le. A copy must also be sent to the Association thirty (3 0.) calendar. day-s. of the date the. Of?cer requests to. drop out: of the sick. leave. pool. No Of?cer'- shall be eligible- to draw sick leave: pool days. until. one. (1) of. his. sick-days. is. credited to; the: pool.- Upon completion of the initial two-month period of employment after graduation from the Academy, each Of?cer shall have 12 hours of sick leave credited to the pool. In the event of separation from employment prior to completion of the probationary period, the City may adjust the pool. for any sick. leave hours not actually earned by the contributing probationary Of?cer. When an Of?cer retires or dies, any sick leave accumulated by the Of?cer that would have - otherwise. been. forfeited shall be. credited to. the sick leave pool. The Chief of Police and the President of- the: Association shall each appoint an equal" aniount of .of?cers to a committee in rank to administer the sick leave pool.. The Committee shall then elect a chairman. The resulting vacancy will be ?lled by the opposite appointing of?cer frOm that receiving the chairmanship. Example: If the Chief of Police appointee is elected chairman, the Association President shall appoint for the created vacancy. The Chief of Police will select one Sergeant, one Detective and. one Patrol Of?cer. The Association President will select one Detective and two Patrol Of?cers. In cases where an of?cer applies for sick. leave pool. bene?ts. and. holds a rank higher than sergeant,- the Chief and President of the Association will each appoint One person of rank equal to or higher than held by the requesting Of?cer. All committee members shall be appointed on or before October 1 of each year and shall serve one?year terms. Any vacancies occurring during the course of the term shall be ?lled within twenty-one (21) calendar days. No person shall be allowed to serve more than one (1) consecutive term. The City shall indemnify, defend, and. hold harmless each committee member. The following requirements determine when a committee may consider when sick leave pool hours may be drawn. A decision by the committee shall be. ?nal. A. Of?cers may be considered for sick leave pool hours after taking off 120 consecutive working hours of continuous non~j0b~related illness or injury. The 120 consecutive 63 working hours used for eligibility shall not be refundable by the Committee or otherwise. The Department shall reimburse the of?cer for any type of leave hours used in excess of the 120. consecutive working hours, if reimbursement is approved by the Sick Leave Committee. B. No of?cer shall be permitted to use more than 1440 pool hours for a single illness or injury. C. Pool hours may not be used for injuries or illnesses sustained in the line of duty. D. The number of hours in the pool shall be solely for the bene?t of of?cers with extended injuries or illnesses, and such hours shall not revert to the. accumulated sick leave of individual of?cers. E. Pool time may only be used for disability, which is de?ned as a non-job-related injury or illness, which prevents an Of?cer from fully performing assigned duties in all major divisions of the. Deparnnent. F. The. Committee Chairman may at any time or at the. request of the Chief of Police reconvene the Committee for further consideration should evidence come forward that would affect the outcome of a Committee decision after a decision has been reached. The Committee by majority vote may extend, reduce, approve, cancel, or deny a pool usage, as the evidence requires. Of?cers. desiring. considerati-Qn for pool usage- may be required to Submit-t0 medical examination. by? a. City doctor and may be: required to produce r'nedi-cal. records, doctor's orders, and any: other material necessary to render?- a. deCiSlOI-l by the committee. H. Upon any O?icer being absent from duty lS-work weeks as a result of a single illness or injury, the Chief may require the Of?cer to submit to a medical examination to determine whether the of?cer is permanently disabled. When it is determined that an Of?cer is permanently disabled, the Chief shall be entitled to terminate or retire the of?cer, whichever is applicable, according to law existing. 1. Of?cers applying to the Sick=Leave Pool Committee for" reimbursement of hours used in excess of 120' hours must do so within One year of return to duty, following the illness or injury. Section 13. Leaves of Absence. The Chief may grant a leave of absence, without pay, to a maximum of ?ve (5) of?cers, which granting shall not be unreasonably withheld. The primary purpose of this leave shall be to provide the of?cer with additional education in law enforcement related areas. Request for leave under this section for the purpose of "the Of?cer continuing full-time formal education at an institution of higher learning .shall be given priority. The duration of the leave. shall be for a period of time as determined by the Chief, but in no event for a period to exceed three (3) calendar years. Should the leave be for the purpose of pursuing continued formal education at an 64 accredited college or university of higher learning, the leave shall be granted on a semester-by- semester basis. A leave of absence under this Section shall not be considered a break in service for promotional or seniority purposes. Of?cers on leave of absence shall not be eligible to apply for or take promotional examinations while on such leave. An Of?cer on an approved leave of absence under this Section must return to regular assignment with the City for a period at least equal to the length of his leave. Should an of?cer fail to return to his regular assignment for such period, the leave taken shall be considered as a break in service for purposes of promotion, seniority, pay, and/or pension. The Chief of Police may recall an Of?cer from a leave of absence granted under this Section in the case of an emergency for the duration of the emergency. Of?cers on leave of absence may continue pension payments,- and the. City- shall match such payments; according to; the. requirements of state. law. HoWever, all other forms of compensation shall be withheld until Such to status with the Department. Section 14 Preemption It is expressly understood and agreed that all provisions of this Article shall preempt any statute, Executive Order, local ordinance, City policy or rule, which is in con?ict with or is inconsistent this Agreement. and. the prOGedurefs. developed- hereUnders, including for example. and not by- cf- Hun-ration. any provisions of: Chapters: 14.1, 142-, and 143.- the? Texas. Local Code, including- but not limited. to Sections 141.032- and. 142.0015? and sections. 143.041 through 143.047. ARTICLE 23- Working in a Higher Classification Section 1. De?nitions. ?Vacancy? is an encumbered position that is not currently ?lled. ?Absence? is a position that is currently ?lled but the individual currently occupying that position is not currently present for duty. ?Investigative assignment? is any assignment that requires investigation where that individual, as part of his job assignment, is from time to time responsible for ?ling a charge and disposition if one is necessary. ?Undercover assignment? is any assignment that requires investigation where that individual, as part of his job assignment, will work in plainclothes without revealing his identity or occupation in furtherance of an assigned police function and is working for a unit within Criminal Investigation and Intelligence. 65 Support and assistance functions shall include telephone answering, transport of materials or property, initial or follow-up information intake, or ?ling or copying functions. Section 2. Acting In A Higher Position. When an absence occurs in the positions of Sergeant, Lieutenant, Captain, Deputy Chief or Assistant Chief, and said absence continues ?om day to day for a period in excess of seven (7) calendar days, the Chief shall assign an Of?cer to act in the capacity of the absent position. If it is determined that an absence will continue in excess of seven (7) calendar days, and said position is determined by the Chief to be of critical importance, he may, at his sole discretion, ?ll said absence by appointing from the ?rst day of absence. If another Of?cer of the equivalent or higher rank is in a position to assume the responsibilities of the absent Of?cer?s position, then the Chief is not required to assign an of?cer to such position. During service in the acting capacity, the Of?cer so assigned shall be compensated at the base salary of the higher position, plus his or her own longevity or seniority pay beginning on the rate of such acting assignment- by the. Chief. Excepted from this provision is any absence created by operation of Article 3 of this agreement. If a vacancy is not ?lled Within thirty (30) calendar days in the rank of Sergeant,- Lieutenant, Captain, Deputy Chief or Assistant Chief, and the position is not eliminated, then the Chief shall appoint temporarily from the next lower rank some Of?cer to ?ll that position until a permanent of?cer is assigned to ?ll said vacancy. - Section 3. Temporary Investigative/Undercover Assignment. A. When an Of?cer holding the rank. of Patrol. O?iCer is temporarily? assigned to perform investigative or undercover work outside his/her regular duties in the Criminal Investigative Division, the Traf?c Investigation Unit, or Intelligence Unit (or its successors in function) said Of?cer shall be compensated at the base salary of a Detective Investigator with the longevity or seniority pay of his/her permanent rank for all hours worked in that assignment beginning on the date of such acting assignment. - B. The City is entitled to assign Patrol Of?cers to support and assistance functions in criminal investigative divisions without paying higher classi?cation pay. The City may also assign Patrol Of?cers within the Department for support and assistance functions as workload requires, Without paying higher classi?cation pay. - C. It is understood and recognized that the City may assign Patrol Of?cers to undercover functions within the Department or with outside agencies, provided that higher classi?cation pay shall be applicable. Section 4. Exceptions and Grievability. A. All appointments to a higher classi?cation position shall be done in writing with the approval of the Chief of Police. No Of?cer will be paid for the performance of .higher level work without prior written authorization. The Chief of Police shall unilaterally determine the 66 guidelines for working in. a higher classi?cation position and the procedures for which such authorization will be obtained. B. Any Of?cer who works voluntarily in an assignment for which sole compensation is in an overtime capacity shall not be eligible to receive higher classi?cation in addition to the overtime pay. Patrol Of?cer working; overtime vice assignment will only receive their normal overtime rate for hours worked in said assignment). Section 5. General. A. A. position may not be occupied by Of?cer(s) of lower rank, as described above for a period in excess of one hundred and eighty (180) calendar days except for of?cers working for or assigned to outside agencies Drug Enforcement Administration, Federal Bureau of. Investigation, etc.) or Of?cers working temporary undercover assignments for the Police Department. B. Of?cer who works in the acting capacity of a higher position will. only. be: compensated for the hours or days that the Of?cer actually works in that position and is present to carry on the duties of the higher position. Of?cers will be compensated in whole hours with a minimum of one?hour. Any hours actually worked over four (4) shall be compensated for a full day. . C. If an Of?cer requests in writing the assignment of appropriate supervision and his request is unreasonably the Chief of. Police: shall review such; request: and make the: detennj'natien: if appropriate supervision is available. and. make such. adj-asunth as deem-ed necessary to rectify the situation. may be: accomplished by a temporary- higher classi?cation. appointment, 3. reassignment 'or- any other action as determined by the. Chief of Police. The determination by the Chief of Police shall be ?nal and not subject to a grievance. ARTICLE 24 Police Cadet Hiring Guidelines? Any individual wishing to be considered for employment as a cadet in the San Antonio Police Departrnent must complete the following application and examination process. Section 1. Submission of Proper Application. To be considered for the position of police cadet, each applicant must ?rst submit a proper application as de?ned by the Department. A proper application will include, but is not limited to, a questionnaire that solicits information on an applicant?s personal information/history, criminal history, driving record, ?nancial history, employment history, and academic background. The information submitted shall be used by the Department to determine Whether the applicant meets both the quali?cations and suitability requirements as set forth in the Fire and Police Commission Rules and is therefore eligible for processing, to include testing and potential hiring. Nothing in this article precludes the Department from ?nding a candidate unsuitable or unquali?ed after the testing phase. Applicants who are disquali?ed for failing to meet quali?cations per Civil Service Commission Rule VII may appeal the disquali?cation to the 67 Civil Service Director. Applicants found unsuitable per Civil Service Rule IX may appeal to the Fire and Police Civil Service Commission. Section 2. a) d) Testing 01' Applicants. The Knowledge, Skills, and Abilities exam eXam?) will be administered to each applicant who is deemed eligible for processing to take the KSA exam, in accordance with Section 1 above. The examination may include testing for coUnterproductive work behaviors or other similar tests which are job related and validated. KSA exams shall be conducted as needed at a suitable time and location as determined by the Department and may be administered by the Human Resources Department or the Police Department. Each applicant mu'st take the KSA exam and the physical ?tness evaluation to continue processing. The City may also utilize a reading comprehension test as a condition for taking the KSA exam. Applicants will be tested to measure the same knowledge, skills and abilities, H'owe'Ver, all eXam-inatie'ns are: not required. to. be identical; Applicants "may be: administered GXam's. individually or. in. a. group, at different- times and different locations, and the order of the variOus exa'nis may be changed. An appliCant undergoing the physical ?tness evaluation must meet or exceed each ?tness standard during a single evaluation, practice or ?nal, to successfully complete the evaluation. Applicants will be afforded the opportunity to attend a candidate orientation. Applicants will be allowed two (2) practice evaluations and I a ?nal evaluation. In the event an applicant fails the two (2) practice evaluations the applicant. will be all-Owed to. take one: (1) ?nal. retest twenty eight (28) days Of." the first evaluation. If an. applicant. is found. the ?tness evaluation, the applicant will. be ineligible: to reapply- for six month's. Earn; the date of their KSA exam. An applicant'who fails to pass the KSA exam may retake the exam after a period of six (6) months from the date of their KSA exam. Applicants will be required to restart the process at Section 1. Submission of Proper Application. . Under no circumstances will. an applicant be eligible to take a KSA exam within six months. of the applicant?s most recent examination. Applicants currently processing or on an. eligibility list who wish to retest, must ?rst withdraw their current application. A maximum of ?ve (5) additional points will be awarded to the score of the KSA exam of a quali?ed applicant with a cut off score of 70% (unless a quali?ed consultant shall determine a different cut off score, based on the statistical validity of the test), if the applicant provides suf?cient proof prior to the exam, as follows: 1) Honorable Discharge from the military with at least 180 consecutive days of active duty service. The recently separated or Active Duty, Active Reservists or National Guard member will be awarded ?ve points after receiving a letter from the military members? last/current Commander stating that the military member will receive an Honorable Discharge based on current conditions and has served at least 180 consecutive days of active duty. (5 points) 68 2) TCLEOSE peace of?cer certi?cation of Intermediate or higher or ?ve (5) years experience as a full-time licensed peace officer/law enforcement of?cer. (2 points) 3) Bachelors Degree or higher from an accredited learning institution of higher education. (2 points) 4) Associates Degree from an accredited learning institution of higher education. (1 point) - - 5) Local Resident (an individual residing within the corporate city limits of the City of San Antonio for 180 days or more at the time of taking the KSA examination? point) Section 3. Background Investigation. A complete background investigation will be conducted by sworn SAPD of?cers into the applicant?s general. perSOn'al. reputation, education, military history, driving record, arrest record, drug usage, employment histOryr, and ?nancial history; The. background investigation will be conducted by of the. Po-l-i'Ce Departrnent. to determine: suitability in accordance. with the: Fire and. Police Commission Rules. Section 4. Assessment Board Interview. A panel composed of three (3) sworn trained assessors. selected from sworn personnel of the Department will assess the applicant?s. character and quali?cations. The assessment panel may be done in person and. video taped, or done on. video. and assessed- by the panel from the video record.- The. assessment- interview process and shall be. reviewed, deVeloped' and validated from time to. tin?re: by a quali?ed consultant. The assessment: be; conducted to determine suitability in accordance with Fire and Police COmmission Rule IX, Section 10. Section 5. Medical, Polygraph, and Examinations. Applicants who receive a conditional offer of employment will be required to pass a medical examination, polygraph examination, and examination as required by the Personnel Rules of The City of San Antonio Fire Fighters? and Police Of?cers? Civil Service Commission. Section 6. Appointment. Once applicants successfully pass all phases of the process as described in Sections 1-5 of this Article they will be added to an eligibility list based upon their ranking ?'om the KSA exam (including any additionally awarded points as listed above). In the event that the City?s testing conSultant provides a scored assessment board interview, the City may combine that score with the KSA exam score for candidate ranking purposes. The eligibility list shall be dynamic and remain continually active. In the event of equal scores, the date and time of application will be the tie-breaker, with the earliest date and time being given preference. The City?s testing consultant may determine a statistically valid band of scores, and all scores falling within the valid statistical band shall be treated as the same score for purposes of processing and selection. The Fire and Police Commission shall receive reports on the progress and status of the eligibility list. No certi?cation of the list prior to processing or hiring shall be required. Appointments to 69 the position of police cadet are made by the Department Head (Chief of PoliCe) based upon candidates who have completed processing. If not otherwise disquali?ed, found unsuitable or appointed to a cadet class, the application shall expire twelve months from the date added to the eligibility list. These applicants will be eligible to reapply and complete processing as outlined in Sections 1?5 of this Article. The Chief may hire a candidate to begin an academy training class at a date in the future. Section 7. Local Gov?t Code Seetion 174.006. Pursuant to Section 174.006 of the Texas Local Government Code, the parties to this Collective. Bargaining Agreement intend for the terms of this Article to prevail over any con?icting terms of Texas Local Government Code Chapter 143, Subchapter B, Sections 143.021, 143.022, 143.023,. 143.024, 143.025 and 143.026 and over any con?icting terms in the Personnel Rules of the Fire?ghters? and Police Of?cers? Civil Service Commission of the City of San Antonio. The Civil. Service Commission. will no longer- be required to. approve. the exam, or to publish or. post an: exam notice, or to certify an eligibility list: or persons from the list. for.- review and selection. Selections shall be made by- the Police Chief and not by the city?s Chief ExeCutiVe. In superseding these Sections of Chapter 143, the parties recognize the need for more ?exibility in the hiring process to meet the needs of the Department and believe it improves the selection process while providing all candidates a fair opportunity for consideration. Section 8. Legacy Preferences. Each applicant: who is either a natural-born or adopted child of a "police of?cer who previously suffered a line-of?duty death shall be ranked at the top of any eligibility list. in Which Said applicant receives a minimtIm cut off score on that respectiVe- eligibility exam. The applicant who is the child of a deceased police of?cer must- otherwise satisfy all of the requirements for eligibility for a beginning. position in the Police Department as outlined in Sections 1-5 of this Article. Effect of Eligibility Lists from Exams Prior to December 31, 2010 and Eligibility Lists Created. Under this Article - Section 9. Any eligibility list resulting from an exam approved by the Fire?ghters? and Police Of?cers? Civil Service Commission prior to December 31, 2010 will be exhausted before a new eligibility list is created under this article. - ARTICLE 25 Initial Probationary Period Section 1. Police Cadet. Prior to becoming a Police Of?cer (probationary), Class 601,. an employee is a Police Cadet (602) (civilian) and is not in the bargaining unit. Upon success?ll completion of the requirements of Police Cadet, the employee becomes a Police Of?cer (601) (Probationary). On 70 becoming a Probationary Police Officer (601) he/she- shall serve a ?fty-two (52) week probationary period. Section 2. Police Initial Probationary Period. The ?fty-two (52) week period following completion of the Police Academy shall consist of time Spent by the of?cer in the performance of "service" for the City. Thus, periods in excess of ?fteen (15) working days spent on leaves, vacations, suspensions, and/or other such absences during which the of?cer performs no "service" for the City or Within the period the of?cer is assigned to "light duty" status shall be excluded ?om determining whether or not the of?cer has completed the ?fty-two (52) week period herein speci?ed. Section 3. Special Assignment. During the ?fty?two week initial period, the of?cer will be assigned to performing actual police. patrol duties and. shall not. be; eligible. for any Other Special assignment during the term of this initial period. Section 4. - Non-Supplanting?. In no event shall probationary patrol of?cers supplant assigned positions or relief days. Probationary of?cers may only assume the Field Training Of?cer?s relief days while actually riding with the Field Training Of?cer or temporary as assigned by the Patrol Assignment CoordinatOr for training and review procedures. Section Probationary Dismissal.- Followi-ng graduation from. the Police Academy, during the Of?cer?s probationary period an Of?cer may be disciplined or discharged without written notice and/or Without cause at the discretion of the Chief. Such action shall not be reviewable by an arbitrator, the Commission, or any court. An Of?cer does not become entitled to protection against discipline or discharge by the provisions of the civil service law or this agreement, except upon completion of said probationary period. Upon successful cOmp'letion of the probationary period, the Of?cer shall be eligible for all rights under this agreement. ARTICLE 26 Field Training Of?cers Section 1. Field Training Officer Program. The Chief shall continue the Field Training Of?cer Program (FTOP) as a section of the Police Academy. The FTOP function will be to reinforce and update training giVen in the Academy in ?eld operations. The primary purpose of the Program is to complete the education and training of probationary Of?cer's. Additionally, the program may be used to conduct continuing or remedial education or training for other Department personnel. While patrol of?cers may be used as Field Training Of?cers (FTO's) to conduct such training and education, they may not be used to supervise, investigate, or perform other duties performed by higher-ranking Officers. 71 Section 2. FTO Minimum Requirements. The minimum requirements for TO's shall be established by the Chief, and any Of?cer meeting such requirements shall be considered 'for a position in the program. Positions will be ?lled from quali?ed Of?cer applicants based upon the standards enunciated by the Chief. The selection and removal of an Of?cer ?om the PTO program shall be at the discretion of the Chief and not subject to the grievance procedure. There shall be a minimum of eighty (80) Patrol Officer in the Department.- Section 3. Hours and Assignment, Emblem, and Voluntary Service. The hours and assignment of shall be at the discretion of the Chief, realizing the need to accomplish the training and education of bargaining unit members as the primary purpose of the program. Of?cers assigned to the program shall be identi?ed by an appropriate badge andfor emblem. Service as an FTO shall be voluntary. Section 4. FTO Coordinator. The program will be headed by a "Coordinator" who shall hold the rank of Lieutenant or above. The Coordinator shall have the power to recommend to the Chief the dismissal of any of?cer from the program on the basis of the Of?cer's record while serving as an FTO. Section 5. Field Training Of?cer Pay. All Of?cers permanently assigned to the PTO program, including the Coordinator, shall receive a $265.00 per month pay supplement, in lieu of any compenSatory time as previously provided. ARTICLE 27 Promotional Probationary Period Section 1. There shall be a six (6) month probatiOnary period for all civil service promotional ranks commencing the date the Of?cer is actually promoted. Salary, bene?ts and seniority within the promotional rank commences the date the Of?cer was eligible for the promotion pursuant to this Agreement and Chapter 143 of the Local Government Code. During the promotional probationary period, an Of?cer may be demoted by the Chief to the rank from which he was promoted on the basis of the Of?cer?s inefficiency, incompetence, or inability to supervise. Section 2. In the event that an Of?cer is demoted under Section 1 above, said of?cer may ?le a grievance pursuant to. the grievance procedure in this Agreement. If the grievance proceeds to arbitration, . the Of?cer shall only raise to the arbitrator the issue of whether or not the Of?cer was demoted for some reasons other than inef?ciency, incompetency, or inability to supervise. The burden of proof shall be on the of?cer to demonstrate that the demotion was for some reason other than inef?ciency, incompetency, or inability to supervise. In the event that the arbitrator rules that the 72 demotion was for some reason other than incompetency, inef?ciency, or inability to supervise, the arbitrator shall rescind the demotion and restore the of?cer to the promotional rank ?om which the Of?cer wasdemoted. Section 3. Upon demotion while holding a probationary promotion, an Of?cer shall resume the competitive rank from which appointed and the salary shall be in accordance with said competitive rank with service time credited as continuous time in that competitive rank and with all salary increases to which the of?cer would have been automatically entitled had the Of?cer continuously remained in said competitive rank. ARTICLE 28 Disciplinary Actions Section 1. Authority of the Chief. The Chief shall haVe authority to demote and/or suspend not to exceed forty-?ve (45) calendar days, or inde?nitely suspend (as provided for in Chapter 143 of Local Government Code) any Of?cer for the causes set forth in the Rules and Regulations of the Commission. The Of?cer may appeal such actions, if any, as provided for herein. Nothing contained herein prevents the Chief and the accused Of?cer from reaching an agreed settlement on any matter so long as bOth parties concur in writing in advance of said settlement. Of?cers suspended for three (3) days or less who appeal the suspension shall not serve the suspension unless a suspension with loss of pay is awarded by an arbitrator. Section 2. Contemplated Disciplinary Action. Prior to any such disciplinary - action, the Of?cer shall be given notice of contemplated disciplinary action by personal service, stating the action or actions contemplated and the reasons therefore, and notifying the Of?cer that he may rebut the charges to the Chief, either orally, or in writing, within seven (7) calendar days. If the Chief should be unable to secure personal service of the contemplated disciplinary action after due diligence, service may be made by placing the notice in certi?ed mail addressed to the Of?cer?s last known address along with delivery of the statement to the Association, and proof of such service shall be suf?cient to provide notice to the Of?cer of his right to rebut the contemplated disciplinary action to the Chief. Section 3. written Statement of Charges. After the notice and opportunity for rebuttal provided in the preceding paragraph, the Chief may demote, suspend, or inde?nitely suspend an Of?cer by service in accordance with this Article on the of?cer of a written statement of charges addressed to the Civil Service Commission. A copy of the disciplinary statement shall be ?led with the Human Resources Director of the City. The written statement shall point out the particular rule or rules alleged to have been violated by the Of?cer and the speci?c act or acts alleged to be in violation. In the event of demotion, 73 suspension, or inde?nite suspension, the statement informing the of?cer of disciplinary action and the reason(s) therefore shall also inform the Of?cer that an appeal may be had by ?ling same in writing with the Human Resources Director, within ?fteen (15) calendar days after receipt of said written statement unless the case is automatically appealed due to alternate service via mail to the of?cer. - Section 4. Not-ice of Right to Appeal. The Chief or the Chief?s authorized designee shall not be required to deliver in person a written statement of charges to the Officer being suspended. The written statement of suspension shall be deemed to have been delivered upon the of?cer when the written statement (1) is hand? delivered to the suspended Officer by the Chief, the Chiefs authorized designee, or by a designated messenger; (2) is delivered to an attorney representing the suspended Of?cer, or (3) mailed as provided below. A written statement. is deemed delivered to the Of?cer?s attorney by handing it to the attorney or by leaving it with another attorney in the attorney?s of?ce or a member of the attorney?s staff, or by delivering it by any other means that the attorney consented to in writing. If the City attempts in good faith to deliver the written statement as provided herein, but such attempts are unsuccessful, the written statement may be mailed by certi?ed mail to the last known address of the suspended Of?cer. Service is complete upon mailing and the suSpension shall be automatically appealed to arbitration as of the date of mailing. The Of?cer is still required to ?le a proper notice of appeal not less than ten (10) calendar days prior to the arbitration date. Section 5. Arbitrator Defined. For the purposes of this Article, the term arbitrator shall mean the same as a third-party hearing examiner as referred to in Chapter 143 of the Local Government Code.- Appeal from demotion, suspension or inde?nite suspension shall be decided by one (1) arbitrator, selected according to this agreement. Upon receiving an appeal from the Of?cer, the Human Resources Director shall act to notify the Association, the Chief, and the City Manager of the appeal. Section 6. Arbitration Selection and Scheduling. The counsel for the Of?cer and the counsel for the Chief of Police shall attempt to mutually agree on an arbitrator. If the parties fail to agree on an arbitrator within fourteen (14) calendar days after the appeal is ?led, the Human Resources Director shall within ?ve (5) business days from the expiration of the fourteen (14) calendar days request a list of seven (7) quali?ed neutrals from the American Arbitration Association. The parties may mutually agree on one of the seVen (7) neutrals. If they do not so agree, the parties shall alternatively strike the names on the list within seven (7) calendar days after receipt of the list, and the'remaining name shall be the arbitrator. All parties shall act to complete the selection process at the earliest possible date. The arbitrator shall be noti?ed of his selection. The parties will not have ex parte communication with the arbitrator. Communication with the arbitrator will be through the counsel for the Chief of Police and the counsel for the Of?cer jointly. 74 Section 7. The hearing shall be conunenced, but need not be completed, within ninety (90) calendar days of the arbitrator's selection. Delay in commencement of the hearing within these time periods may occur due to unavoidable con?icts between the arbitrator and the parties? schedules, or by mutual agreement of parties and for no other reason. However, if the arbitrator selected cannot . commence the hearing within ninety (90) calendar day-s from his. Selection, and there. is. no ageement to extend the hearing to a later date by the parties, the parties shall attempt to agree on a substitute arbitrator. If the parties cannot agree upon a substitute Within seven (7) calendar days of so learning, another arbitrator shall be selected from a new list of seven (7) names requested from the American Arbitration Association, according to the procedure set out herein. The arbitrator shall make an award within thirty (30) calendar days of the close of evidence or after receipt of brief 5 if any in arbitration hearings, and within seven (7) calendar days of the close of evidence in expedited arbitration hearings under 143.057 of the Local Government Code- Post hearing briefs shall. only be. permitted in standard arbitration hearings, and must be mailed. to: the arbitrator such. time as. is: agreed, to; by the parties, or as. directed. by the -arbitrator-.-. Section 8. A stenographic transcription of the proceedings shall be made only upon written agreement of the parties prior to the commencement of the hearing. Should there be no agreement, the party desiring the transcript may have the transcript made at its sole expense. Section. 9-. The award of the Arbitrator shall state which particular factual charges he ?nds to be true, if any, and the particular rules he ?nds such conduct to have violated, if any. Where the charges are upheld, the award shall state whether the discipline imposed is upheld, or whether some lesser discipline is substituted. This agreement authorizes an arbitrator to reduce an inde?nite suspension to a period greater than 45-days. Section 10. The following rules shall govern the conduct of arbitration hearings under- this Section, and of certain preliminary matters. Both parties shall provide, at least twelve (12-) calendar days prior to the date of the hearing, the names and addresses of witnesses expected to be called at the hearing. In the absence of good or excusable cause, the arbitrator may exclude the testimony of a witness upon the failure of a party to disclose such a witness. The parties, in writing, may request discovery from each other concerning the case. Should the opposing party not agree to provide the requested information within Seven (7) calendar days of the request,_the request shall be deemed denied. The requesting party may then apply to the Arbitrator who shall order such discovery as is appropriate to the nature of the case, consistent with, but not bound by, the rules of discovery in Texas civil cases. In considering the application, the Arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time 75 available prior to the hearing, and such other matters as he may deem material. In no event shall discovery be requested within seven (7) calendar days prior to the hearing. B. The Arbitrator shall have the power to subpoena witnesses. Where the subpoena request is not opposed by a party, the Human Resources Director shall issue the subpoena in the name of the Arbitrator and such issuance shall be considered the act of the arbitrator. If the subpoena is opposed, the moving party shall apply to the arbitrator for issuance of the subpoena. The City will serve subpoenas on any City employee; otherwise the party issuing the subpoenas shall be responsible for obtaining service. C. In all hearings under this Section, the City shall prove its case by a preponderance of the evidence. D. All hearings shall be public unless it is expressly agreed in writing by the parties that the hearing shall be closed to the public. In any event, the ?nal decision of the arbitrator shall be public, although public announcement. may be reasonably delayed upon request of the parties. E. Unless otherwise provided in this Agreement, the conduct of the hearing shall be governed by the rules of the AmeriCan Arbitration Association. Section 11. - Unless otherwise provided in this Agreement, the Arbitrator shall have all those powers and only those powers vested in the Commission under Chapter 143 of the Local Government Code and the Commission Rules, with respect to suspensions, inde?nite suspension, and demotions, with the sole exception of the power to amend such rules. Section 12. Any notice or statement required to be ?led by the Chief of Police or the of?cer in a disciplinary proceeding under Chapter 143 of the Local Government Code, under Commission Rules, or under this Agreement, shall be ?led with the Human Resources Director of the City. Section 13. Hearings conducted by the Commission shall be in accordance with Chapter 143 of the Local Government Code. - SectiOn 14. Unless otherwise provided in this Agreement, with respect to demotions, suspensions, and indefmite suspensions as de?ned in Chapter 143' of the Local Government Code the of?cer shall have such right to appeal the arbitrator's decision to district court as he is given in Chapter 143 of the Local Government Code to appeal the Commission's decision, and no greater right. 76 Section 15. Unless otherwise provided in this Agreement, in cases of con?ict, the provisions of this Agreement will control over Chapter 143 of the Local Government Code, and any other civil service provision or rule, and American Arbitration Association Rules; and Chapter 143 of the Local Government Code, and any other civil. service provision, and Civil Service Rules promulgated pursuant to it shall control over American Arbitration Association Rules. Once an Of?cer receives a formal noti?cation from Internal Affairs, the of?cer may initiate a written request to the Chief to waive the normal investigative track through Internal Affairs for the investigation to be submitted to an expedited disciplinary track, however in no event can the expedited disciplinary track be requested within sixty (60) calendar days of the expiration of the complaint?s one?hundred?and?eighty (180) calendar day timeline in Chapter 143 of the Local Government Code. Both the Of?cer and the Chief must agree to submit a matter to the expedited disciplinary track fer an expedited disciplinary ?nding. An expedited disciplinary ?nding is an agreement by the Of?cer and the Chief that disciplinary action is warranted and enacted, but did not proceed through the conventional track. Any disciplinary action reSUlting- from the expedited disciplinary track must be agreed upon by the Of?cer and the Chief, and must be enacted within thirty (30) calendar days of the parties? agreement to expedite the disciplinary process, but under no circumStances later than the time limitation as expressed and proscribed in Chapter 143 of the Local Government Code, as applicable. Absent an agreement by both the Chief and the Officer, the matter will continue through the regular investigative procedure. Section 16. Notwithstanding any other provision of this Agreement, the Chief shall have authority to suspend an Of?cer for a period of not more than ninety (90). calendar days, or implement an agreed disciplinary action, only where the Of?cer agrees to the disciplinary action in writing. An agreed disciplinary action is an agreement between the Of?cer and the Chief that may include, but is not limited to, any one, or combination of, a suspension, demotion, or non-disciplinary actions such as professional counseling, re?training, or re-assignment. The Of?cer shall have no right to appeal such ageed disciplinary actions, and no administrative or judicial body shall have powe to review such a suspension or alter the terms of the Agreement. Section 17. Any deadline or time restrictions set out in this Agreement with respect to disciplinary proceedings may be modi?ed by written agreement of the parties. However, neither party may be compelled to waive its right to insist upon the deadline and time restrictions provided by the Agreement. - Section 18. Of?cers suspended up to a maximum of forty-?ve working days may, at the Chiefs discretion, forfeit either accumulated compensatory time, vacatiOn, bonus time or holiday leave equal to the suspension. Approval of forfeiting time by the Chief shall not be unreasonably withheld and may only be denied because of a consistent overall pattern of substandard performance. The of?cer shall have ten (10) calendar days from receipt of notice of the suspension to decide whether or 77 not he wishes to forfeit accumulated leave or exercise his appeal rights pursuant to Chapter 143 of the Local Government Code or the Grievance and Arbitration Procedures of this Agreement. The provisions of this Section shall apply solely to suspensions which are agreed to by the Of?cer, and no appeal to the Commission or to arbitration may be instituted on suspensions where the Of?cer has forfeited accumulated compensatory, vacation, bonus time or holiday leave pursuant to the terms of this Article. Section 19. Except as provided in this section of this Article, the Chief and City are precluded from the introduction of evidence or otherwise complaining of any acts or occurrences earlier than the one hundred and eightieth (180th) calendar day immediately preceding the date on which the Chief suspends or demotes the Of?cer. The Chief may introduce evidence or otherwise complain of any felony Penal Code violation, a felony violation of the Controlled Substance Act, a Class A or Misdemeanor committed by an of?cer so long as the evidence or complaint is ?led within one hundred and eighty (1-80) calendar days of the Department?s ?rst knowledge of the act, provided however, that the statute of limitation for criminal judicial action against the of?cer involved has not expired. This amendment language shall not be applied retroactively. Only upon written notice in the original written statement of the Chief may any act or occurrence be admissible in a disciplinary hearing in accordance with this section. Solely to aid the Commission or arbitrator in the assessment of appropriate discipline and not to prove a charge of a violation of Civil Service Rules or for any other purpose, the Chief and the City may introduce evidence of prior disciplinary actions which have not been set aside on appeal as follows: A. Where the Chiefs original written charges include alleged violations of Civil Service Rules constituting acts of intentional violence, the Chief and the City may introduce prior discipline on such other Violations found to have been committed within ?ve (5) years immediately preceding the date of said written charges; B. Where the Chiefs original written charges include alleged violations of Civil Service Rules concerning drug or alcohol abuse, any prior discipline on such violations found to have been committed within ten (10) years immediately preceding the date of said written charges; - C. Where the Chiefs original written charges allege acts of incompetence, all prior discipline for acts of incompetence may be introduced by the Chief or the City so long. as adequate records are maintained in aCcordance with Section 20 below, at the time of the act for which discipline was assessed; and D. Where the Chiefs original written charges allege a violation of any other Civil Service Rule, the Chief and the City may introduce prior discipline for a violation(s) of the same rule within two (2) years immediately preceding the date of said written charges, so long as- adequate records are maintained in accordance with Section 20 below, at the time of the act for which discipline was assessed. 78 E. Upon execution of this Ageement, suspensions of three (3) days or less that were not appealed by the Of?cer shall be. automatically reduced to a written reprimand two (2) years after the date the suspension was. served on the Of?cer if the Of?cer did not have a sustained complaint for the same rule within two (2) years from the date the suspension was served on the of?cer. Suspensions that were appealed to the Commission or Arbitrator by the Of?cer are not eligible to be reduced to a written reprimand under this Section. The original suspension paperwork sent to the Commission will re?ect the conditions of this Section to reduce the applicable suspension to a written reprimand. The reduction of any suspension contained within this subsection does not qualify for any form of reimbursement to the employee. Section 20. The City shall develop records, which, to the fullest extent possible, quantify the work done by each Of?cer in each assignment. Such records shall be available by assignment upon speci?c request of Of?cers appealing disciplinary actions or their representatives. Section 21-. Section 143.056 of the Local Government Code regarding procedures after felony indictment and certain misdemeanor complaints shall be modi?ed to provide: - A. Should the Chief fail to charge the. Of?cerwith a violation of Civil Service Rules within thirty (30). calendar days following acquittal or- dismissal of the criminal charges, the of?cer shall be reinstated with all back pay and bene?ts; and B. In the event an Of?cer has been demoted or suspended, either temporarily or inde?nitely, for any action which results in the Of?cer being indicted for a felony or charged with a misdemeanor of Class or above, no ?lrther action may be taken on the Of?cer?s appeal until the completion of trial on the merits on those charges; except that a hearing on an of?cer?s appeal may be initiated prior to completion of trial on the merits by mutual agreement between the City and the Of?cer. Delay of an appeal pending the results of criminal proceedings as speci?ed above shall apply both to appeals to arbitration and appeals to the Commission pursuant to this Article. Section 22. Pursuant to Section 17, 19 and 21, the Chief or his counsel and the Of?cer and his counsel may mutually agree in writing to extend the ISO-day deadline for disciplinary proceedings by delaying the execution of the disciplinary written statement of charges, if any, to a date no later than thirty (30) calendar days after the ?nal adjudication of the criminal charge pending. By entering into a mutually agreeable written agreement, neither party intends to create, nor does a written waiver directly or indirectly create a past practice. 79 ARTICLE 29 Internal Security Interview Procedure Section 1. Investigations Through The Chain 01' Command. Minor allegations of misconduct made. against of?cers which are. of the type set out in the Complaint Matrix contained in the General Manual shall be. investigated within. the Of?cer?s chain of command within twenty?one (21) calendar days of receipt of the mitten complaint. The Captain of the station! section will conduct the investigation tinder procedures and guidelines. set out in the General Manual. Such an investigation of the Of?cer shall be con?ned to the written complaint, and that complaint only. If the Of?cer is the rank of Captain or above, or if the Of?cer has no Captain in their chain of command, the Of?cer?s Division Commander, Bureau Commander, or Chief of Police or designee will investigate. Suspensions, if imposed, may be for up to three (3.) calendar days. If the. accused Of?cer does not agree with the ?nal terms of the. contemplated disciplinary decision ?ve (5) calendar days, the case will be forwarded to. the Internal Affairs Unit. for further investigation. S'uspien'sions- agreed to. by an. Of?cer may nor be: appealed to or altered by the Commissioii, an. arbitration or by any" com. Investigations through the chain of: command do not entitle the" Of?cer to. have an attorney present during - interviews with his commanding of?cer, but nothing herein prohibits an of?Cer from seeking advice from an attorney or an Association representative provided it is within the ?ve (5) day time limit. The Of?cer will be advised in writing of the procedures applicable to the line complaint investigative process by the Captain prior to providing a report or response. Of?cers shall: haVe a reasonable opportunity to consult with counsel before writing a response, statement, or.- report resulting from a. complaint. The term. ?complaint??- as. used. in this article does not include: questions about. permanence: of duty raised by the. Supervisor or fellow f?cers?. Section 2. Internal Affairs Investigations. This procedure shall apply to all non~criminal investigations of misconduct by of?cers except investigations through the chain of command conducted under Section 1 above. A. An interview of the charged Of?cer shall take. place at a location designated by the investigating Of?cer, usually at the police facility to which the Of?cer- is assigned. or the. Internal. Affairs Of?ce. If the Of?cer is required- to complete written interrogatories, at the Of?cer?s request, such interrogatories shall be provided to the of?cer on a computer disk so that. the of?cer may complete such interrogatories at a location other than a police facility. The Of?cer must return the completed interrogatories in accordance with a written ageement between the of?cer and the investigator in charge of the investigation. An Of?cer who requests to complete the interrogatories in this manner will do so during their off duty time and will not be compensated by the Department in any way. When the interrogatories are completed, the Of?cer shall return the computer disk and their responses to the investigator in charge of the investigation for review and clari?cation by either party. The Of?cer will sign the printed copy of the report in the presence. of the investigator. B. The Of?cer shall be informed of the rank, name and command of the Of?cer in charge of the investigation, and the identity of all persons present during the interview. If an Of?cer is directed to leave his post and report for interview to another command, the Of?cer?s 80 assigned command shall be noti?ed of the Of?cer?s whereabouts. C. The Of?cer under investigation shall be informed forty~eight (48) hours prior to being interrogated or asked to otherwise respond to an investigation of the general nature of the investigation, and suf?cient information to reasonably apprise the of?cer of the allegations shall be provided. The Of?cer shall be. allowed to review but not copy verbatim or. photocopy any complaints, af?davits, other written statements, readouts, video recordings, audio recordings, and photographs, which have been gathered as part of the administrative investigation. The Of?cer shall not release the provided information to any person other than his attorney or representative. D. The interview shall be completed with reasonable dispatch. Reasonable respites shall be allowed. Time shall be provided also for personal necessities, meals, telephone calls, and rest periods as are deemed necessary. Except in exigent circumstances where the seriousness of the. complaint warrants an extended interrogation, or when the complaint will expire within sixty (.60) Calendar days, an Of?cer shall not be. required to submit to: single interview for longer than six. (26) hears. The: interviewing. shall advise: the: Of?cier being- in'terv'ieWed; of estimated time for. the interview process. lnter-VieW Sessions may be held on consecutive days until the interview process is completed. Provisions in Subsection A regarding the removal of interrogatories do not apply to this subsection. .E. The Of?cer shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal or other disciplinary punishment. No promise of reward shall be. made as an. inducement. to. anSWerin'g; questicns. Nothing herein is. to: be construed so. as to. prohibit th'e's investigating; Of?cer from. informing the Of?cer- under investigation. that: conduct can. become the subject of 'diSCi'plinary' action resulting in. disciplinary punishinent. F. Inall cases where an Of?cer is to be interviewed concerning an alleged act which, if proven, may result in any disciplinary action, the Of?cer under investigation shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his. own choosing or a representative of the Association before being interviewed. An attorney of his own. choosing or a representative may be present during the interview. A representative may not be a Police O-?iCer who is related to the respondent, or a supervisor with inyolvemjent in. the incident being investigated. Such representative may not participate- in the interview except: to counsel the Of?cer, or to assert any rights afferded to the Of?Cer under this article in. a manner which does not the ability of the investigator to conduct the interview and obtain information directly from the Of?cer. At any time during the interview the Of?cer under investigation may request to consult with his attorney or representative in private, prior to continuing the interview, provided that the investigator may impose reasonable limits on such conferences in order to complete a meaning?il investigative interview and to obtain a written statement or response from the Of?cer in the Of?cer?s own words. G. If an Of?cer is or maybe likely to be placed under arrest, that is if the Officer under investigation is a suspect or the target of a criminal investigation, the Of?cer shall be given his rights pursuant to the Miranda Decision. Nothing in this subsection shall-be construed to limit the authority of the Chief to conduct administrative investigations nor shall anything -- in this subsection be construed to relieve the Of?cer of his obligation to fully cooperate with said 81 investigations, to comply with the Rules and Regulations and Procedures of the San Antonio Police Department, or to provide thorough, complete and truthful responses to requests fer written statements and written interrogatories in connection with said administrative investigations. In all investigations where the Officer is subject to a companion or concurrent criminal investigation, the Department shall ensure that any o?icer?s statement gathered as part of the administrative investigation shall not be released to the criminal investigating entity, except as required by a subpoena or required to be disclosed by law or- Court. decision. H. The. Of?cer under investigation shall be given an exact copy of any Written statement he may execute. I. The refusal by an Of?cer to answer pertinent questions concerning any administrative matter may result in disciplinary action. J.. An O?icer- shall have the right to have the interview tape or digitally recorded, provided the Of?eer furnishes the tape- and the recorder and advises all parties of the recording prior- to the beginning of the. interview session. The tapes or; digital ?le shall remain in the custody of the Internal. Affairs Unit of the Police Department but: shall be available for review by the Of?cer or the Of?cer?s designated representatiVe in the eventthe interview may result in disciplinary action, or a grievance. K. No conversation between an Of?cer and an investigating of?cer may be recorded without disclosure prior to. the Conversation by the parw making the recording, that it will be recorded. Pri-Or to; entering the. Internal. Affairs. of?ce, an. Of?cer must disclose. the. existence. of any" recording device in his possession. or be: subject? to: disciplinary action. The. may authorize the" wearing of aj concealed recording device during any:- Criminal investigation. which may involve- an Of?cer.- L. A polygraph examination may be required. of an Of?cer by the Chief only in the strictest con?dence and where the complainant, and any complaining witnesses who give a I written statement have been examined and found wholly truthful by a licensed examiner. The fact that an examination is ordered or administered and the results thereof shall not be disclosed by the Chief or the examiner to any person, except following execution. of a written agreement between the Chief and the examined Of?cer. M. The Chiefs of?ce shall provide written notice, in a sealed envelope, to the individual Of?cer of the ?nal status of any complaint ?led with the Internal Affairs Unit where the Of?cer in question had to respond in writing to the complaint. - N. The results of a formal investigation will be forwarded to the Advisory Action Board for recommendations. 82 Section 3. Chief?s Advisory Action Board. Chiefs Advisory Action Board (CAAB) as used in this section shall mean the combined Police portion of the Advisory Action Board and the Citizen?s portion of the Advisory Action Board. A. The Police portion of the Chiefs Advisory Action Board shall consist of seven (7) voting members: a? Deputy Chief who shall serve as chairperson; one Captain; one Lieutenant; one Sergeant; one Detective Investigator; and two Patrol Of?cers. The members shall be appointed by the Chief. Those members shall serve for one hundred and eighty (180) calendar days. B. Except as speci?cally provided for in this article, the Chiefs Advisory Action Board (CAAB) will be conducted in accordance with the San Antonio Police Department?s General Manual. Citizen Advisory Action. Board 1. This Board shall be comprised of seven (7) appointees. selected from. a panel of fourteen (14) available members appointed as set forth below. Of the initial seven (7) appointees, 3~4 appointees shall be replaced follOwing the expiration of ISO?days from the date of their ?rst Board meeting with 3-4 members of the panel of fourteen (14) not having served on the Board in the previous ISO?days. The rotation of Board members shall continue until such time as all fourteen. members have served on the Board. and. after such time shall Continue. no. Board appointee: serving- fojr. more than. consecutive ISO?day periods. The shalt be entitled. to. alter the: rotating list. in. order to- coord-inat_ez the schedules of the participants. The Chairman ?may? approve agendas for matters not involving- the. use. of ?forces, bodily injtiry, or unlawful search or seizure, in instanCes where workload for the Board makes it necessary, which do not require the attendance of the citizen Board members. The Chairman shall schedule any complaint for civilian member participation, upon request by the Of?cer or the complainant; if it is reasonably possible to do so based on the workload and availability of civilian members. Notice shall be given to the President of the Association. It is understood and agreed that the civilian members shall, nevertheless, be required to hear the full range of disciplinary cases and. controversies presented. to the. Board, in order to develop an accurate sense of context and fairness. 2. Members of the panel for the Citizen Advisory Action Board shall be selected by the City Council from a list of names provided by the City Manager. Prior to providing names to the Council, the City Manager shall solicit applications from quali?ed citizens of good character, and objective ability, and shall recruit quali?ed individuals as necessary to have a suf?cient list for consideration. The City Manager shall determine whether or not to recommend each of the individuals who apply. In addition, the Chief of Police shall determine whether or not to recommend each of the individuals. The input and recommendation of the San Antonio Police Of?cer?s Association shall also be obtained as to each of the individuals. The City Council shall receive a compilation of the applicants along with the separate recommendations by the City Manager, the Chief of Police, and the Association. Each party agrees that the selections and the ?nal list shall be representative of the diversity of the community. The City Council may select a 83 new member to replace anyone removed ?om the panel by selecting from any remaining names, or from a new list provided in accordance. with the forgoing provisions in the event of vacancies. 3. Citizens appointed to serve on the panel shall meet the minimum requirements for elig'bility established under state statute for service on the Fire and Police Civil Service Commission and shall take an oath of of?ce as members of the panel. In addition, no person shall be. appointed to serve on. this panel who has been indicted for a felony or a crime of moral. turpitude, or of?cially charged with a Class A or Misdemeanor. Members of. the panel shall serve at the pleasure of the City Council, which may remove. them, or replace them at any time, with or without cause. Members shall have no right to the position, and shall not be entitled to removal proceedings or a hearing. If not removed or replaced, a member shall serve for a two (2) year period. The City- Ethics ordinance shall apply to all members of the Citizen Advisory Action Board.- 4. Appointment and selection for the meetings of the Board shall be accomplished in suf?cient time to be able to provide each. appointee with not: less than Menty?four (2-4) hours of training, including orientation. work at Professional Standards, and one. "shift on the ride along program..; rtes?pOns?ibi-lity? for the training. of each new member of the. panel fall upon the Commander of the Professional Section. 5. An accused Of?cer has a right to privacy and all members of the CAAB shall respect that right to privacy, and shall have a duty. to maintain the con?dentiality of privileged information. Each member of the Uniform and Citizen Board shall sign a pledge of con?dentiality, agreeing to maintain the right of privacy as to privileged matters under applicable law. Any violation. of: right be: grounds for" disquali?cation or removal. .fr'Om. the paneh as. set forth. below. "Right: to: shall only accused Of?cer" of: Department to have. the allegations, facts, testirnony and evidence: brought. bjefoife the. Board held. con?dence- by the members hearing the case, and shall not extend to include any public information or information imparted to the Board members from public information, or ?om individuals not of?cially Connected to the Internal Security process. The Chairman shall keep and maintain all records of the Board, and no members shall have 'or maintain any records other than during the. meetings of the Board, or on Department premises, in connection with their of?cial duties. This article shall not be interpreted to. impair or effect the right of any person, including. the citizens on the Board, to make report of facts to- the Chief of Police, the District Attorney, or the FBI, or to. testify under subpoena, the rules of. discovery, or order of any court; nor shall this article be interpreted to impair or affect the rights of any Of?cer under Garrth vs. New Jersey or its progeny and Miranda vs. Arizona or its progeny . - 6. If any member of the Citizen Advisory Action Board is accused by an O?icer of a violation of the right to privacy, the Civil Service Commission shall convene and if a determination is made that a member cf the Citizen Advisory Action Board violated an Of?cer?s right to privacy, then the Civil Service Cemmission may remove that member. If the breach of privacy involves a direct report of con?dential information by the member to the public or the press, removal by the Civil Service Commission shall be mandatory. In any event, the Civil Service Commission shall send a report of its ?ndings and action to the City Council. The purpose of these hearings shall be to protect the interests of accused Of?cers and the complainants, and shall not give rise to any rights on the part of the member accused of a breach of right to privacy. '84 D. All members of the Chiefs Advisory Action Board shall be given the opportunity to review each case that will be presented for consideration subject to the Chiefs approval of exceptions, based on workload, as noted above. E. The Chairperson of the Chiefs Police Advisory Action Board shall be reSponsible for the maintenance of the con?dentiality of all ?les submitted for review by the CAAB. F. The Chairperson of the CAAB, on recommendation from any member of the CAAB may elect to hear testimony from complainants or responding Of?cers. Attendance to these boards meetings where testimony is requested are entirely voluntary and complainants or responding Of?cers may elect to remove themselves at any stage of the questioning by either board without fear of reprisal. The ChairpersOn of the CAAB shall determine the manner in which all meetings shall be conducted and shall be the determining factor as to the hearing of testimony or attendance by any person. No responding Of?cer or complainant shall have the right to be represented by counsel, but may be acCompanied by an observer. G. Each board shall make independent recommendatiOns and forward these recommendations to the Chief of Police. Such recommendations are advisory only and are not binding on the Chief. The Citizen Advisory Action Board may not conduct a separate independent investigation but may recommend to the Chief of Police that further investigations should be undertaken. H. - Any matter which is brought before the CAAB, where a ?nal ruling by the Chief of Police has occurred, the Chief of Police shall. direct the Commander of the Professional Standards Section. to. notify and accused as to. the ?nal diSposition. of. the case twenty-one (21) calendar days. Section Chiefs City Vehicle Accident Advisory Action Board. A. The Chiefs Advisory Action Board as described in Section 3 of this Article will no longer review cases involving City motor vehicle accidents. All cases involving City motor. vehicle accidents previously assigned to the Chief Advisory Action Board will be assigned to the Chiefs City Vehicle Accident Advisory Action Board in accordance with this section. B. The City Vehicle Accident Advisory Action Board will consist of one (1) Captain, one (1) Sergeant, one (1) Detective Investigator and two (2) Patrol Of?cers appointed by the Chief. The Captain shall serve as chairperson. Members shall serve ?om January through June or ?om July through December of each calendar year. C. Except as speci?cally provided for in this Article, the Chiefs City Vehicle Accident Advisory Action Board will be conducted in accordance with General Manual provisions and the Chiefs Advisory Action Board outlined in this Article. D. An Of?cer will be retrained for an accumulation of points or the number of accidents at the Chiefs discretion. The occurrence of two chargeable accidents within a two-year period will serve as a baseline for the Chief or the Board to review individual cases and training 85 needs. Ultimately, retraining will be determined on the basis of severity of the accidents, which may drastically differ from one case to another. ARTICLE 30 Health Bene?ts Section 1. I Police Active Health Bene?ts Working Group. The City and the Association agree in principle that health bene?t costs and market based health plans are issues that will be reviewed in the next collective bargaining cycle. The City and the Associations further agree to establish a health bene?ts working group. The City will provide access to claims information of a statistical and ?nancial nature (consistent with medical privacy laws), third party vendor contracts, and other information necessary to perform its function. The Working Group shall be afforded training opportunities which shall be paid for respectively by each representing organization (Association or City). The working group will have the following responsibilities: 1. Review City?s uniformed health bene?t plan, usage trends and cost trends. The City will provide and review with the Association the claims, cost/experience reporting forms which are currently being provided to the Association?s Health Bene?t Consultant. 3. Identify Master Contract Document language clari?cation issues for discussion in - the next round of negotiations. 4. Participate in future Requests for. PrOpOSals for Vendors as to bene?ts products and services, by providing input, evaluation and suggestions to the City of?cials designated by the City Manager to carry out the selection and administration. process. 5. Conduct or purchase a health bene?ts Survey of other public entities for comparison City?s plan and design and experience. 6. Create an educational forum to inform Of?cers of the costs associated with health bene?ts and the increasing need to address increasing costs. 7. Provide the City and the Associations with suggestions regarding possible cost? saving initiatives to incorporate into future bene?ts programs. Section 2. Active Police Officer Health Bene?ts A. The City shall provide all active Police Of?cers who are eligible with family medical bene?ts and shall pay the full cost of said bene?ts as agreed upon herein. - The minimum bene?ts provided are those as stated in the Master Contract Document for the City of San Antonio, San Antonio Professional Fire?ghters Association and San Antonio Police Of?cer?s Association Bargaining Unit (hereinafter referred to as ?Master Contract Document?) which is attached and incorporated herein as Attachment 6. Provisions and bene?ts speci?ed in the Master Contract Document shall not be reduced during the life of this Agreement; however, the City reserves the right to change carriers or plan administrators at any time at its discretion. While the City is prohibited from reducing the provisions and bene?ts speci?ed in the Master Contract Document during the life of this Agreement, a determination of what medical 86 service is medically necessary for a particular patient or any reduction in the usual and customary charge for that medical service, will not be construed as a reduction in bene?ts; provided that the determination is made in accordance with the procedures and criteria described in the Master Contract Document. B. Active Police Of?cers covered under this Agreement shall be granted the option of entering into or exiting from the civilian bene?ts program as provided for by the City to substitute for the basic program as outlined in this Agreement. Said option must be exercised by the active Police Of?cer during the re-enrollment period between the dates of October 1, and December 31, of each calendar year. Section 3. This agreement, and the Master Contract Document for health bene?ts adopted herein, shall control the available health benefits during the term of this agreement, for active Police Of?cers. Section 4. Health care bene?ts for active Police Of?cers shall not be terminated, altered, modi?ed or reduced during the term of the Agreement, except by amendments or successors to this Agreement. Section 5. It is understood and agreed that the provisions of this agreement and the Master Contract Document for health bene?ts have been drafted in substantial and material reliance upon existing provisions of federal and state law concerning employee health bene?ts. Any change in federal or state law or regulations which changes the obligations of either party, the applicability or extent of Medicare benefits, or materially alters the assumptions relied upon in negotiations shall entitle the City or the Association to reopen negotiations concerning health bene?ts. ARTICLE 31 Retiree Health Bene?ts House Bill 2751, enacted by the Texas Legislature effective October 1, 2007, removed retiree health bene?ts ?om the collective bargaining process. Retiree health bene?ts are now governed exclusively by the provisions of Vernon?s Texas Civil Statutes Annotated, Article 6243(q), a copy of which, in its current form, is attached hereto as Attachment 7. The provisions governing retiree health bene?ts contained in the Collective Bargaining Agreement in effect at the time House Bill 2751 was enacted are attached hereto as Attachment 7. In the event the Texas Legislature repeals Article 6243(q) or any successor in function, the provisions of Article 6243(q) shall remain in effect until such time as the Association and the City shall negotiate retiree health bene?ts into this Agreement. 87 ARTICLE 32 Supplemental Bene?ts Section 1. Parking. The City will provide each on?duty Of?cer with free parking on the Police lot itself or a lot. adjacent to the Police building to which the Officer is assigned. Should the City not provide such parking, the Association may acquire such parking and require the City to fully compensate it for all related costs and expenses. Section 2. Other Bene?ts A. De?nitions. The term ?Trusts? as used in this section shall refer to the San Antonio Police Of?cers and Fire Fighters Bene?t Plan and Trust, which'provides optical and dental services, and San Antonio Police Of?cers and Fire Fighters Prepaid Legal Plan and Trust, which provides legal Services to members of the San Antonio Police Department. and the San Antonio Fire Department. B. Amounts. During the term of this Agreement the City'will pay a amount for each Of?cer as shown by the schedule below for dental, optical and prepaid legal bene?ts under the Trusts. Furthermore, neither the City nor the Association may change the amounts paid or allocated for the respective bene?ts as shown in the schedule during the term of this Agreement. I Optical/Dental I Prepaid Legal Plan Employees with $89.50 $32.00- dependents Employees Without $43.50 I $32.00 dependents C. Audits. The Association shall ensure that the Trusts Will conduct annual independent audits at no additional cost to the City. The Association shall further ensure that the Trusts shall provide a copy of each annual independent audited ?nancial report to the City, through its Finance Director, within thirty (30) calendar days of receipt of the audit by the reSpective Trust. The City reserves the right, at its sole discretion, to conduct an audit of said bene?t plans at the City?s expense any time during the term of this Agreement. Should the City decide to conduct such an audit, the Association shall ensure that the Trusts make available to the City all relevant documentation Within a reasonable time. D. Use of Bene?ts. With respect to the Prepaid Legal Bene?ts, it is understood that no of?cer may use the bene?ts for the purpose, in Whole or in part, of implementing and/0r initiating legal action against the City, any of its agents, of?cers, and/or assigns. E. Exclusive Trust. The Association shall ensure that all funds paid by the City pursuant to this Section are used for the exclusive bene?t of the employees and that said funds 88 shall not be commingled with the funds of any other organization, entity, or Association, nor shall said funds be used for any other purpose other than that provided for herein. F. Payment and Change in Plans. During the term of this Agreement, the Association may change providers for Supplemental Bene?ts (Dental/Optical and Legal). In the .event that the Association makes a proposal to' change bene?t providers, the Association shall submit. the same. in writing to the City. G. Copies of Trust Plan. The Association will provide up-to-date copies of the Trust Plan Documents to the Human Resources Department of the City and the Association Of?ce. I-I. Determination Letter. It shall be. the sole responsibility of the Association to maintain the tax- exempt status of the bene?t received under this Section. In accordance therewith, the Association shall provide to the. City, through. its Director of Finance, a copy of; the Internal Revenue Service Determination Letter- regarding the taxrexempt. status. of the bene?t received under this Section. The City Shall receive said letter no later than ten (10). calendar days from commencement of this Agreement. I. In an effort to coordinate the provisions outlined in this Article with the scheduled collective bargaining cycle with the San Antonio Professional Fire?ghters? Association, the City and the Association agree to reopen any portions of this Article during such negotiations in order to facilitate the development of a consistent approach and language in both Agreements. The parties shall have. the same statutory duty- to bargain in. good faith as to. all. issues which relate to the. bene?ts under.- this. Agreement; ARTICLE 33 Educational Incentive Pay Section 1. Degree Required. Educational Incentive Pay shall be provided immediately to Of?cers who qualify for such payment by. furnishing documented proof of an Associate's, Bachelor's, .Masteris or Doctorate Degree. to the Training Academy.- Of?cers. who hold. Associate?s, Bachelor?s, Master?s Degree or Doctorate shall receive Educational Incentive Pay. All college hours must come from an ?Accredited College or University.? For purposes of this Agreement, an institution of higher education must be accredited by a state education department, or by either the Southern Association of - Colleges and Schools or a similar regional association recognized by the United States Department of Education. In cases where the validity of a college or university accreditation is raised, outside of this de?nition, the Chief, at his discretion, may accept or reject the question of any university?s accreditation. Payment shall be made 89 Of?cers without college or university degrees shall be paid Educational Incentive Pay for college hours earned at the following rates: 65 to 94 college hours $60.00 per month 95 to 124 college hours $90.00 per month 125 to 154 college hours $120.00 per month - 155 to 184 college hours $150.00 per month 185 to 214 college hours $180.00 per month 215 to 229 college hours $210.00 per month 230 or more college hours $240.00 per month Of?cers with college or university degrees shall be paid Educational Incentive pay at the following rates: Associates Degree $215.00 per month Bachelors Degree $315.00 per month Masters Degree $335.00 per month Doctors or Equivalent $350.00 per month Nothing in this article should be construed to entitle an Of?cer to receive educational incentive pay pursuant to this section for both college hours and a college degree. Section 2. Law Enforcement Related courses. A. Officers graduating from the Academy shall be required to have a' minimum of thirty-one (31) college accredited hours before the expiration of one year after the completion of the thirty (30) week period following graduation from the Academy. The City shall ensure that, upon entrance to the Academy, each cadet is informed in writing of this requirement, the. cadet acknowledges his understanding in writing, and the writing is made a permanent part of his ?le. .B. Of?cers who fail to complete the above requirement(s) shall not be allowed to move into the "Class Police Officer- pay status until the requirements are met. Of?cers shall be required to show proof of achieving the above required college hours prior to being moved into "Class Police Of?cer pay status. Of?cers who have all the college accredited hours required by this section shall not be required to meet the additiOnal standards outlined above. Officers shall be entitled to receive reimbursement for tuition, fees, on?campus parking and the price of required text(s) at a college or university for course" hours in an accredited degree program irrespective of other sources of aid or funding. Reimbursement shall be made in accordance with the following schedule: Course Grade Amount of Reimbursement A 100% 90% 80% or 0 90 Such reimbursements for tuition and fees shall not exceed amounts set by Texas state?supported institutions for similar or related courses and shall only be paid at Texas residency rates. C. Of?cers who are enrolled in an accredited college or university and who under an approved college or university master?s or doctorate degree plan are required to complete any course that is not assigned a grade, will upon successful completion of the course, be reimbursed by the City at 100% upon presentation of documentation of payment to the registrar?s of?ce of the college or university at the end of the semester of the required course. ARTICLE 34 Certi?cation and Instructors Pay Section 1. Certi?cation Pay. Basic Certification O??icers who hold a Basic Certi?cate issued by the Texas Commission on Law Enforcement 'Of?Cer Standards and Education shall receive Fifty ($50.00) Dollars per month. Intermediate Certi?cation Of?cers who hold an Intermediate Certi?cate shall receive One Hundred and Sixty Dollars ($160.00) per month. Advanced Certi?cation Of?cers who hold an Advanced Certi?cate shall receive Two Hundred Dollars ($200.00) per month). Masters Certification Of?cers who hold a Master?s Certi?cate shall receive Two Hundred and Forty Dollars ($240.00) per month). . Section 2. Instructors Certificate. Of?cers who hold an active or inactive Instructors Certi?cate issued by the Texas Commission on Law Enforcement Standards and Education shall receive Twenty Dollars ($20.00) per month regardless of the Certi?cate held. - Payment shall be made The Chief shall have the right to require the Of?cer to produce a COpy of the certi?cate or other valid veri?cation prior to approval for the employee to receive such payments. Only of?cers who have obtained Texas Instructors Certi?cate (T.I.C.) through Departmental approval will be eligible for T.I.C. pay. Of?cers who possess T.I.C., Whether active or in?active prior to April 1, 2004, will automatically qualify for T.I.C. pay. 91 Of?cers who are actively involved in teaching or instructing citizens or other Police Of?cers may request, through their chain-of-command, inclusion in the next academy sponsored Texas Commission on Law Enforcement Standards and Education Instructors Training Course. Admittance shall not be unreasonably denied, however, admittance shall be at the discretion of the Academy Commander and limited based on available classroom size. Payment shall be made The Chief shall have the right to require the Of?cer to produce a copy of the certi?cate or other valid veri?cation prior to approval for the employee to receive such payments. ARTICLE 35 and/or Medical Examination Section 1. and/or Medical Evaluation. The Chief shall have the authority at any time to? require an Of?cer to. submit to evaluation or treatment and/or medical evaluation, at the City's expense, to be performed by a quali?ed counselor, therapist, or medical doctor chosen by the City. An Of?cer ordered either to submit to such an evaluation or to submit to a ??tness for duty? evaluation pursuant to Section 143.081 of the Local Government Code, must authorize, in writing, the release of the results of the examination to the Chief, as the Of?cer?s employer. If indicated by the evaluation, the Chief may order an Of?cer to undergo treatment by an appropriate health care practitioner of the of?cer?s choosing. Section 2. Commitment- to Effective Drug Inter-diction Program.- The City and the Association agree that of?cers may be called upon in hazardous situations without warning, and that it is imperative to the interest of of?cers and the public to ensure that of?cers are not substances impaired. In order to further their joint interest in protecting of?cers and the public, the City and the Association agree to mandatory drug testing as described in this section. A. One Hundred Percent (100%) of Of?cers of all ranks, including the Chief, shall be susceptible to mandatory drug testing during each calendar year on a fair and impartial statistical basis at the City?s expense. The fair and impartial statistical basis (in which each Officer has an equal chance of being selected during a calendar year) shall be by a non-discriminatory computerized program operated and certi?ed as nondiscriminatory by an independent ?rm hired by the City, and the Of?cer shall be tested upon being selected by the computer. The City and the Association have a mutual interest in ensuring that drug impaired Of?cers do not perform law enforcement duties. The City and the Association agree that the purpose of the mandatory drug testing policy is not to punish an of?cer who has not violated the Police Department?s rules, regulations, policies or procedures. The City and the Association are committed to. the principle that the mandatory drug testing policy for of?cers is designed and shall be administered to result in disciplinary action only against those Officers who have violated the Police Department?s rules, regulations, policies or procedures. 92 Where an Of?cer appears unable or unWilling to give a specimen at the time of the test, testing personnel will document the circumstances surrounding the inability or unwillingness. The of?cer will be permitted no more than. four (4) hours to provide the sample during which time he will remain in the testing area under observation. Reasonable amounts of ?uids may be given to the Of?cer to encourage urination. Failure to provide a sample may be considered a refusal to submit to a drug test. Of?cers shall have the right to request that their urine Sample be stored in case of legal disputes. The urine sample will be submitted to the designated testing facility Where a sample will be maintained for a period of one?year. Of?cers may at their own expense request to. have the test for urine, blood and/or hair administered at a quali?ed physician?s of?ce or certi?ed. testing laboratory, accompanied by the testing personnel provided such testing is administered within ?ve (5) hours after noti?cation by the Chief (and the sample shall be properly handled by a certi?ed testing laboratory). B. Drug testing: shall. consist: of 'a twO..- step. procedure-:- 1. Initial screening test.- 2. Con?rmation test. Should a confirmation test be required, the test procedure will be technologically different and more sensitive than the initial screening test. The City and. the Association will agree one. and. eighty- (180). calendar days- to; a FUDTP- certi?ed laboratory" selected to Conduct" drug testing. The laboratory selected shall be experienced and capable of quality Control doeurnentation, chain of custody and have a demonstrated technical expertise and pro?ciency in urinalysis and shall comply with all requirement of FUDTP. The City shall require any laboratory selected for collecting samples to conduct a background investigation on those laboratory personnel involved in the collecting or handling of an unsealed sample. In addition, the City shall require any laboratory selected for collecting samples to use only employees who have not been arrested by Of?eers of the San Antonio Police Department. or convicted of a felony or misdemeanor crime involving dishonest conduct or possession of illegal drugs to be invOlved in the Collecting or- handling of an unsealed sample collected from an Officer. Test results shall be inadmissible in any administrative disciplinary hearing if it is determined that the laboratory collecting samples failed to conduct a background investigation on the laboratory personnel involved in collecting or handling the unsealed sample which resulted in a positive test result. All records pertaining to the Department required drug tests shall remain con?dential except to the extent used in a disciplinary process and appeal.- Drug test results and records shall be stored in a locked ?le under the control of the Chief. The Chief will maintain original copies submitted by the laboratory. No access to these ?les shall be allowed without written approval of the Chief. C. The City and the Association agree to a zero tolerance policy for the use of drugs and alcohol while on duty or driving a City vehicle, and also agree to require post accident mandatory drug/ alcohol testing of any of?cer involved in a vehicular accident in a City vehicle 93 which results in a death, injury to any person requiring medical treatment or signi?cant property damage (as determined by a supervisor) which for a vehicle is a damage rating of 3 or more, as de?ned in the Texas Department of Transportation Vehicle Damage Guide for Traf?c Crash Investigator. Drug testing shall be in accordance with the testing guidelines set forth in subsection (B) above. Alcohol testing shall be by breathalyzer or other recognized scienti?c process. The assigned severity code, resulting in a decision to test/not test is non-grievable. D. Nothing in this section shall be construed to prohibit the Chief from conducting a drug test on an Of?cer based upon reasonable suspicion in accordance with the guidelines as set forth by this section. E. For the purposes of this section: 1. ?drug testing? shall be de?ned as the compulsory production and submission of urine by an Of?cer for chemical analysis to detect the presence of prohibited drug usage. 2-. ?reasonable suspicion? shall be. de?ned as a judgment/conclusion that a person is unable to safely and/or effectively perform their duties due to the Suspected in?uence of drugs, alcohol, or inhalants. Reasonable suspicion is based on speci?c, observable facts that an of?cer may be under the in?uence of drugs, alcohol, or inhalants. 3. ?drug/alcohol testing? shall be de?ned for post-accident incidents as the compulsory production and submission of urine, breath, or blood for analysis to detect the presence of prohibited drug(s)' or alcohol. ARTICLE 36 City Protection for Police Of?cers The City will defend in or out of court any Police Of?cer who incurs a charge or lawsuit as a result of the lawful performance of his duties pursuant to the provisions of City guidelines as adopted and approved under City Ordinance No. 83927 incorporated as Attachment excluding Section 1. ?De?nitions? Subsection SB, and VI, which shall not apply, or as otherwise provided by law. - ARTICLE 37 Employee Personnel Systems Section 1. Police Personnel Unit. A. The City shall implement a Police Personnel Unit. Such unit shall be staffed with a minimum of one (1) Sergeant or above, support personnel, and the operational equipment, computers. At the discretion of the Chief and without limiting his authority to determine the manpower and/or staf?ng needs of any unit and/or the Department as a whole, this unit's primary functions shall be to make recommendations to the Chief: 1. To set the amount and type of relief days assigned to each police station; 94 2. To set the number of Of?cers assigned to each work station and the actual personnel on a seniority basis assigned to each patrol shift at each police station. B. Additionally, this unit shall: 1. Maintain an updated, City-wide ?le of all Of?cer requests for relief days and work station assignments; and - 2. Process assignment of relief days, from said. of?ce, by seniority of requests on ?le pursuant to Article 12 of this Agreement. Section 2. Thirty (30) Day Requirement. All premium relief days shall be ?lled or abolished in accordance with current practice within thirty (30) calendar days. For purposes of: this section, premium relief days shall be de?ned as: Thursday/Friday, Friday/Satmday, Saturday/Sunday, and SundayMonday. If any shifts are established a. fonrad'ay workweek, premium relief days for these shifts shall be de?ned Thursday/Friday/Saturday; (ii) Friday/Saturday/Sunday; Saturday/SundayMonday- and (iv) SundayMonday/Tuesday. - A. Thirty (30) Calendar Day Exception The thirty (30) calendar day requirement shall be waived from February 24 through the last day of Fiesta each year. Of?cers having transferred into. any assignment and. who meet their. six (6) month requirement: for seniority e'li'gibility- during. the Fiesta break will be eligible.- only for premium days. that beC'o'm'e aVailab?le after their six month eligibility has been met. For example, an Officer who meets his six-month requirement on March 15th would not be eligible for any premium relief days that become available before that date. It is agreed and understood that. only prime relief days that become available during the waived Fiesta period can be guaranteed to the most eligible Officer under this exception clause. All non- premiumrelief days that would have become available as a result. of the guaranteed transfer that would have taken place were it not within the Fiesta period, and that are not premium relief days will be ?lled in accordance with available openings after the waived Fiesta period ends. All premium relief days being vacated during the Fiesta period shall be ?lled within thirty (30) calendar days after the last day of Fiesta. While it is understbod that situations may arise when there will be legitimate reasons for eliminating a particular set of relief days, premium relief days shall not be abolished for the purpose of compliance with this section. Section 3. Nepotism. N0 Officer shall be allowed to work under-the direct supervision of a relative.? Relatives may be co?workers in the same division. No Of?cer shall be allowed to exercise his seniority in applying for positions that. would place him under the direct supervision of a relative. No supervisory 95 Of?cer shall be allowed to exercise his seniority in applying for positions that would place him in direct supervision of a relative. For the purposes of this section, relative means persons related through blood or- marriage, and include spouses, parents, children, brothers or sisters, and in~laws standing in the same relationships. Section 4. Personnel Career Activity System. All Of?cers requesting transfers to positions outside of the patrol shifts will utilize the Personnel Career Activity System (PCAS). When Division Commanders are authorized to ?ll a current vacancy or newly created position, the Division Commanders shall request the position be advertised in the Daily Bulletin for a period of not less than four (4) calendar days. Only Division Commanders shall request the list of quali?ed candidates from the Manpower Allocations Detail. All of?cers who hold the rank of Patrol Of?cer or Detective Investigator who apply for a position through P-CAS and who are not. selected, and who request same in writing through the chain of command to the Captain of the Unit to which the of?cer was not selected, shall be given the true reason for rejection in writing within fourteen (14) calendar days of the date the request was received by the non-selecting Captain. - Within fourteen (14) calendar days of receiving a written rejection, an affected of?cer may submit a written appeal to the Deputy Chief who supervises the non-selecting Captain. The Deputy Chief shall af?rm the reject-ion or overturn the rejection in writing within fourteen (14) calendar days of receipt of the appeal. Appeals and responses under this section are not subject to Article 15 (Grievance Procedure) of this Agreement, nor may be used in any of?cial proceeding, unless such response includes a violation of Article 4, Section 2 (Management Duties to the Association) of this Agreement. ARTICLE 38 Miscellaneous Provisions Section 1. Service Handgun/Badge Upon Retirement. Each Of?cer who retires from the force shall be given their service handgun and badge at no charge. Section 2. Service-Connected Death. In the event of an Of?cer?s death in the course and scope of employment, over and above the City's life insurance/accidental insurance bene?t, the City shall pay funeral expenses of $10,000 payable within 10 calendar days to the Of?cer's bene?ciary as designated in the City?s life insurance program and provide at no cost the Of?cer?s badge and service handgun to that bene?ciary if otherwise legal. 96 Section 3. Special Assignments. A. Except as provided elsewhere in this Agreement, the. City shall have a right to place Of?cers on special assignment. Of?cers placed on special assignment on an involuntary basis shall work the assignment for a maximum of sixty (60) calendar days. At the end of the sixty (60) calendar day period, the Chief of Police may extend the term, based on extenuating circumstances. Of?cers whose assignment exceeds the original sixty (60) calendar day period shall relinquish their seniority and relief days from the original, permanent assigned unit. Of?cers who object to the continuation of the special assignment after. the sixty (60) calendar day period shall be returned to their assigned unit. Of?cers returning to an original unit from a special. assignment that exceeded the sixty (60) calendar day limit must re-bid on relief days, based on the next available opening (no .six (6)-month waiting period unless the special assignment goes beyond one hundred and eighty (180) calendar days, in which case the of?cer will be required to wait the six (6) months). B. Of?cers placed on special assignment on a voluntary basis may work the assignment for a maxi-mum of one hundred and eighty (180) calendar days. Officers whose assignment exceeds the original one hundred and eighty (180) calendar day period shall relinquish their seniority and relief days from their original, permanent assigned unit. Of?cers returning to their original unit from a special assignment that exceeded one hundred and eighty (180) calendar days must re-bid on relief days, based on the next available opening. Section 4. Permanent Personnel File. The City shall be required to maintain a permanent personnel ?le: on each Of?cer, pursuant. to the requirements as outlined in Section 143.089, Local Government Code 0r its sucCessor in ?lnction. I Section 5. Exception to Open Records Act (Of?cer File Photo). Contained within each Of?cer's permanent personnel ?le shall be a photograph(s) as de?ned by HE. No. 474, Article 2.12 of the Code of Criminal Procedure. The same shall not be released to the public or the press where the same would endanger the life or the physical safety of the of?cer unless: A. The Of?cer is under indictment or charged by an offense by information; or B. The Of?cer is a party in a Civil Service hearing or a case in arbitration; or C. The photograph is introduced as evidence ina judicial proceeding. Section 6. Pay Stub. The City will utilize electronic or paper payroll check stubs with current data showing accrued - balances of sick leave, bonus leave, accrued holidays, compensatory'time, vacation time, and military leave. 97 Section 7. Family Assistance Officer. The Chief shall appoint a Family Assistance Of?cer. The Family Assistance Of?cer will be relieved of regular duty on a case-by?case basis in order to assist the families of of?cers who die or are seriously injured while on active duty, or suffer a catastrophic illness in making appropriate arrangements and completing necessary paperwork. Section 8. Reimbursement for Lost, Damaged, or Stolen Items. The Chief shall have discretion to reimburse any Of?cer, the replacement value (up to a maximum of $250.00), for any personal item lost, damaged, or stolen (including clothing) as a result of on?duty employment. The Chief shall also have the discretion to reimburse any Officer the replacement value, equivalent to the speci?cations for a Department approved personal ri?e or shotgun as determined by the Firearms Pro?ciency Control Of?cer or Training Academy Commander?s designee, for a personal ri?e or shotgun lost, damaged, or. stolen as a result of on- duty employment. The Chiefs decision in this regard shall be ?nal and is not subject to grievance- and/or arbitration. Section 9. Physical Fitness. The City and the Association are committed to a healthy, physically ?t and well-trained police department. In demonstrating this commitment, Of?cers who participate and meet standards as established in a police academy sponsored wellness program or who score the standards set out in this section during annual in-service training shall be awarded the administrative leave inCentives outlined herein.- During October of each year preceding the starting date of each yearly in-service training, the Chief and the President of the Association shall appoint three (3) members each (six total) to a physical ?tness panel. It will be the sole responsibility of this panel to set point values, time limits, and the necessary requirements for the wellness program and for achieving incentives for the next year?s in?service. The Chief and Association shall provide written notice of their appointeesto the physical ?tness panel at least thirty (30) calendar days before the panel is scheduled to meet. Through the use of both the most current Physical Fitness Standard number scale criteria, and the previous year testing results, the panel will set standards which best create a performance curve of the Department and provide incentives based on performance according to sex and age groupings. The panel shall reach an agreement on all items relating to point values, time limits, or necessary requirements, and all recommendations shall be forwarded to the Chief. The Chief can veto any recommendation and return the reCOmmendation to the panel for re?examination. The Training Academy Commander shall act as the non-voting moderator and will be responsible to ensure the panel meets at the required stated time. A. Academy Sponsored Wellness Program. Of?cers may elect to participate in a personalized wellness program individually designed for the Of?cer by the ?tness panel. Of?cers participating in personalized programs will have administrative leave incentives set by ?tness panel. Personalized incentives will be awarded in accordance with personalized goals and objectives met by the individual of?cer involved. The 98 Chief or designee will approve all panel approved individual wellness programs and award incentives of eight (8) to forty (40) hours in accordance with this Agreement and the success of the individual Of?cer in achievement of the designed goals and objectives which will 'be measured by the ?tness test. B. In?Service Physical Standards. A PT staff member will monitor each Of?cer?ssit?ups, push?ups, vertical jump, mile and one- half run, dummy drag and stationary or bicycle ride. The sit-ups, push-ups, weight control and vertical jump will be monitored on a one?on?one basis. C. Incentives. Of?cers who successfully complete any combination of exercises and who score within the pre- designated total point range will receive the corresponding physical ?tness incentive of sixteen (16) to forty (40) administrative leave hours. Of?cers who participate in the physical ?tness program for three consecutive years during in? service and who do not receive an incentive shall receive one?da? administrative leave for their participating in the program. For purposes of this section the physical ?tness panel shall de?ne participation for each year. Of?cers may select ?ve of the six events (which may include but shall not be limited to, sit. ups, push. ups, vertical jump, mile and one half run and/or walk, stationary or bicycle ride, and sprint, wall, drag) in which to participate in to achieve their goal. Weight loss is not an event but will be counted towards the Of?cers overall score. No points will be subtracted for not participating in any individual event. Of?cers on light duty, that have a documented injury will need to provide the Academy PT staff with a copy of their 172-form in order to reschedule a make-up with the PT staff. Of?cers who cannot participate in the physical ?tness portion of their scheduled in?service due to a documented injury will have sixty (60) calendar days from the date they return to full duty in order to complete this portion of their and qualify for the administrative leave hours. . Of?cers who attend their scheduled in?service but miss. participating in the physical ?tness portion due to Departmental business or other emergency, but not a documented injury, have thirty (30) calendar days from their scheduled date to reschedule a make-up with the PT staff. - The award of administrative leave or lack thereof shall not be the grounds for a grievance. Decision by Academy staff as to the actual individual completion times or individual completion of exercise requirements shall be ?nal. This. leave shall be awarded the second pay period of the following quarter in which the Of?cer earned the administrative leave hours and the Of?cer has 365 calendar days from the date posted to the individual Of?cer?s leave bank to use it. 99 Section 10. Preemption It is expressly understood and agreed that all provisions of this Article shall preempt any statute, Executive Order, local ordinance, City policy or rule, which is in con?ict with or is inconsistent with this Agreement and the procedures developed hereonder, including for example and not by way of limitation, any contrary provisions .of Chapters 141, 1.42, and 143 of the. Texas Local Government Code, including but not limited to Sections 141.032 and 142.0015 and. Sections 143.041 through 143.047 and 143.089. Section 11. Preemption of Civil Service Chapter 143 Claims for Public Safety and Police Personnel. The City and the Association agree that of?cers covered by the Meet Confer Agreement between the City of San Antonio and San Antonio Park Police Of?cers Association, including but not limited to Park Police, Airport Police, Code Abatement Of?cers and Deputy City Marshals, are not members of the bargaining.? unit covered by and have. no. rights under- the Agreement. between the City Of San Antonio and the San Antonio?- Police Of?cers- Association-.- The parties. agree that. members of the bargaining unit covered by the Meet Confer Agreement between the City of San Antonio and the San Antonio Park Police Of?0ers Association and/0r San Antonio Airport Police Of?cers Association are not of?cers who have been hired in substantial Compliance with Chapter 143 pertaining to civil service police positions, and are not of?cers who must have knowledge of work within the San Antonio Police Department in their duties, jobs, and responsibilities, This provision preempts any contrary provisions of Chapter 143' which might: otherwise be. applicable to such -.of?cers. covered. by the Meet. 85 Confer Agreement between the; of" Antenito and Park Pot-ice. Of?cers Association, andZ-O'r San Antonio Airport Police. Association and preempts any rights, privileges,- or bene?ts to such of?cers which might arguably result from the creation of additional civil service positions. Section 12. Reopener. The parties acknowledge that an outside consultant is performing a police organizational and operational review to evaluate and make recommendations to the City Manager and the City Council cOnceming Police Department management, operations, policies, procedures and best practices.- The City shall be: entitled to initiate reopener' during this agreement as to any recommendations by Matrix, and the Association shall have the obligatiOn to meet at reasonable times and places, and to negotiate in good faith toward the possible objective of contract modi?cations to achieve the recommended improvements to Departmental operations for a minimum period of sixty (60) days. The Association agrees that it will work in good faith with the City to review the consultants recommendations approved by the City including those which are subject to contractual modi?cation. Neither party shall be obligated beyond the provisions set forth in Chapter 174 concerning the duty to bargain in good faith. 100 ARTICLE 39 Civilianization Section 1. Notwithstanding any provision in this agreement to the contrary (if any), and without altering. any other provision of this Agreement, the City is authorized to civilianize the following positions or units, and any civilianization action heretofore taken by the City is hereby rati?ed and approved by the Association. Court Liaison Facilities Management Communications Research and Planning Municipal Integrity Crime Scene Unit U'CR/Report Review Youth Services Vehicle Storage In addition to the listed functions above, the administrative services positions titled Service and Support Office as re?ected on the attached Organizational Chart, shall be a civilian position irrespective of the fact that portions of the job description carried out by that position have previously been the responsibility of sworn civil service personnel. It is understood and agreed, h'oWever', that the civilian position shall at no time supervise or command sworn civil service personnel. The City agrees to maintain staf?ng levels in the Crime Scene Unit at no less than 30% sworn officers, not to include supervisors, it being understood that any reduction in the percentage of sworn of?cers shall be by attrition or enhanced authorized staffmg only. It is understood and agreed, however, that when the Chief implements the UED program under Article 11, this percentage may be reduced pro?rata with the transfer of personnel to other assignments in accordance with Article ll Section 7. The Chief will meet with Association representatives from time to time to make sure that implementation protocols and procedures for patrol and dispatch suf?ciently provide for the safety of of?cers, the safety of civilian employees and the public generally, and effective prosecution. The lead incident commander of the shooting investigation'team shall be a sworn Of?cer. Officers and Detectives assigied to Vehicle Storage, Communications and Youth Services at the time of the City Council approval of this Agreement who also receive shift differential pay will retain the shift differential pay if they are involuntarily reassigned due to civilianization of the units until they voluntarily transfer to a job assignment without shift differential. The City shall notify the Association President at least ninety (90) calendar days prior to civilianization of Vehicle Storage, Communications, Youth Services and jobs traditionally performed by sworn of?cers and shall consult, and reach mutual agreement, with the Association President over the effects of such civilianization. The City agrees the effect of civilianization shall not reduce the authorized number of sworn Police Of?cers, Detectives or Supervisors. 101 I?M'rpr Section 2. The City of San Antonio may additionally utilize civilians in any position created in the future, that does not require the individual to have and exercise. the power of arrest under the standards for distinguishing between classi?ed and civilian positions set forth in Lee v. City of Houston, or any later decision by the Supreme Court of Texas. Section 3. PreemptiOn It is expressly understood and agreed that all provisions of this Article shall preempt any statute, Executive Order, local ordinance, City policy or rule, which is in con?ict with or is inconsistent with this Agreement and the procedures developed hereunder, including for example and not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the Texas Local Government Code, including but not limited to Sections 143.001 through 143.027 and 143.041 through 143.047. ARTICLE 40 Savings Clause Should any provision of this Agreement be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, it being the intention of the parties that no portion of this Agreement or provision herein shall become inoperative or fail by reason of the invalidity of any other portion or provision. - ARTICLE 41 Closing Statements Section .1. Stability of Agreement. No agreement, understanding, alteration - or variation of the Agreement, terms .or provisions herein contained shall bind the parties unless made and executed in writing by the parties hereto. The failure of the City or the Of?cers to insist in any one or more instances, upon performance of any of the terms or conditions of this Agreement, shall not be considered as a waiver or relinquishment of the right of the City or the Of?cers to future performance of any such term or condition, and the obligations of the City and the Of?cers as to such future performance shall continue in full force and effect. Section 2. Civil Service. In the event that any provision of this Agreement con?icts or is inconsistent with any provision of Chapter 141, 142, or 143 of the Local Government Code or any other civil service provision, this Agreement shall prevail, notwithstanding any such provision of Chapter 141, 142, or 143 of the Local Government Code or any other civil service provision. 102 Section 3. Full and Final Scope of the Agreement. The parties agree that each has had the full and unrestricted right and opportunity to make, advance, and discuss all matters properly within the province of collective bargaining. The above and foregoing Agreement constitutes the full and complete Agreement of the parties and there are no others, oral or written, except as herein contained. Each party for the term of this Agreement speci?cally waives the right to demand or petition for changes herein, whether or not the subjects were known to the parties at the time of execution hereof as proper subjects for collective bargaining. Subject to the Maintenance of Standards clause (Article 8), it is agreed that the City shall not be subject to provide additional wages, compensation, or emoluments of any kind beyond that which is speci?ed in this agreement; and should any future State law be enacted which requires cities to compensate City Police in any manner beyond the scope of this Agreement, the compensation or emolument levied against the City shall be waived and disclaimed in?to. It is additionally agreed that, except as speci?cally modi?ed by this Agreement, bene?ts and emoluments provided Police Of?cers by State legislation shall remain in effect throughout the term of the Agreement, notwithstanding the fact that during the life of this Agreement, legislation may become effective which would negate certain bene?ts or emoluments. Section 4. Impasse Procedure. In the event the City and the Association reach an impasse in collective bargaining negotiations, as such impasse is de?ned in Chapter 174 of the Local Government Code, the parties shall abide by the impasse procedure set forth in City Ordinance No. 51.838, which ordinance is set forth in Attachment 3 hereto and incorporated herein by reference. This agreement, and the ?contract? referred to in the Ordinance are one and the same. Section 5. No Bypass Agreement. The parties hereto agree that all negotiations will be conducted exclusively between the designated representatives of the City and the Association. Neither party will make any effort to bypass the spokesman of the other party during the period of negotiationsup to and including impasse resolution attempts. . - Section 6. Indemnity. The indemnity provided herein by the City shall be permitted to the extent, and only to the extent, permitted by Texas Law. - 103 FOR THE CITY OF SAN ANTONIO: Lowell Demon Chief Negotiator Date: [0 3146M. Sculley (7 ity Manager Date: William Poli'ee Chief Date: Assistant City Manager? .. .. .. . . City Attorney Date: ii FOR THE SAN ANTONIO POLICE OFFICERS ASSOCIATION: (Bywaagtwt {$42 41% Ronald G. DeLord wad FE Helle I President, Chief Negotiator Date: Date: I 104 ATTACHMENT 1 EXPEDITED LABOR ARBITRATION RULES 1. Agreement of Parties These procedures shall apply whenever the parties have agreed to arbitrate under them, the Streamlined Labor Arbitration Rules, or the Expedited Labor Arbitration Rules of the American Rules, Or the Expedited Labor Arbitration Rules of the American Arbitration Association, in the form obtaining when the arbitration is initiated. 2. Appointment of Neutral Arbitrator The shall appoint a singleii'eutral arbitrator from its Panel of Labor shall hear and determine the case 3. Qualifications- of Neutral Arbitrator No person shall serve as a neutral arbitrator in any arbitration in which that: person has any ?nancial or personal interest in the result of the arbitration. Prior to accepting an appointment, the prospective arbitrator shall disclose any circumstance likely to prevent a prompt hearing or to create a presumption of bias. Upon receipt of such information, the shall immediately replace the arbitrator or communicate the information to serve 4. Vacancies The is authoriZed to substitute- another arbitrator if a vacancy occurs or i?f? an appointed- arbitrato'r is unable to serve 5. Date, Time and Place of Hearing The arbitrator shall ?x the date, time and place of hearing, notice of which must be given at least 24 hours in advance. Such notice may be given orally or by facsimile. 6. No Stenographic Record There shall be no. stenographic record of the proceedings. 7. Proceedings I The hearing shall be conducted by the arbitrator in Whatever manner will most expeditiously permit presentation of the evidence and arguments of the parties. The arbitrator shall make an appropriate minute of the proceedings. Normally, the hearing shall be completed Within one day. In unusual circumstances and for good cause shown, the arbitrator may schedule an additional hearing to be held within seven days. 8. Posthearing Briefs 105 There shall be no posthearing briefs. 9. Time of Award The award shall be rendered by the arbitrator and, unless otherwise agreed by the parties, no later than seven days ?om the date of the closing of the hearing. 10. Form of Award The award shall be in writing and shall be signed by the arbitrator. If the arbitrator determines that an opinion is necessary, it shall be in summary form. 106 ATTACHMENT 2 WAGES A. The following wage scales shall become effective October 1, 2009: Title A Police Of?cer (Probationary) $3,195 Police Of?cer $3,678 $4,425 $4,723 $4,817 $4,912 $5,010 Police Detective Investigator $5,150 $5,302 $5,459 $5,569 Police Sergeant $5,850 $5,966 $6,085 Police Lieutenant $6,551 $6,682 $6,816 Police Captain $7,518 $7,668 $7,821 Police Deputy Chief $10,406 Police Assistant Chief $11,238 B. The following wage scales shall become effective October 1, 2010 Title A Police Officer (Probationary) $3,259 Police Of?cer $3,752 $4,514 $4,817 $4,913 $5,010 $5,110 Police Detective Investigator $5,253 $5,408 $5,568 $5,680 Police Sergeant $5,967 $6,085 $6,207 Police Lieutenant $6,682 $6,816 $6,952 Police Captain $7,668 $7,821 $7,977 Police Deputy Chief $10,614 Police Assistant Chief I $11,463 C. The following wage scales may become e?'ective October 1, 2011 Title A Police Of?cer (Probationary) $3,357 Police Of?cer $3,864 $4,649 $4,962 $5,061 $5,161 $5,264 Police Detective Investigator $5,411 $5,570 $5,735 $5,851 Police Sergeant $6,146 $6,268 $6,393 Police Lieutenant $6,882 $7,020 $7,161 Police Captain $7,898 $8,056 $8,217 Police Deputy Chief $10,932 Police Assistant Chief $11,807 D. The following wage scales shall become effective October 1, 2012 Title A Police Of?cer (Probationary) $3,457 Police O?icer $3,980 $4,789 $5,111 $5,213 $5,315 $5,421 Police Detective Investigator $5,573 $5,738 $5,907 $6,026 Police Sergeant $6,330 $6,456 $6,585 Police Lieutenant $7,089 $7,231 $7,376 Police Captain $8,135 . $8,298 $8,463 Police Deputy Chief $11,260 Police Assistant Chief $12,161 107 E. The following wage scales may become effective October 1, 2013 Title A '13 Police Of? oer (Probationary) $3,561 Police Of?cer $4,099 $4,932 $5,264 $5,369 $5,475 $5,584 Police Detective Investigator I $5,740 $5,910 $6,085 $6,207 Police Sergeant $6,520 $6,649 $6,782 Police Lieutenant $7,302 $7,448 $7,597 Police Captain $8,379 $8,547 $8,717 Police Deputy Chief $11,598 Police Assistant Chief $12,526 108 ATTACHMENT 3 CITY ORDINANCE 51838 51838 ESTABLISHING A BINDING INRASSR RROCDDURR IN THE EVENT AN INRASSE Is DURING THE COLLECTIVE BARGAINING PROCESS WITH THE SAN ANTONIO POLICE OR WITH THE ASSOCIATION OF FIREFIGHTERS, LOCAL 624; THE CONDITIONS UNDER WHICH THE INRASSR RROCRDURE WILL BECOME INVALID AND REITERATING THE AUTHORITY AND INTENTION T0 DISCIPLINE ANY FIREFIGHTER OR ROLICR OFFICER ENGAGING IN A STRIKE: AND PROVIDING FOR THE TERMINATION OF THE ORDINANCE IN MARCH of 1981. ORDINANCE WHEREAS, the courts of the State of Texas have found to be unconstitutional a portion of the impasse procedure contained in the Fire and Police Employee Relations Act; and WHEREAS, the findings of the courts leave the City and the Fire and Police Associations without an acceptable impasse procedure in the event contract talks reach impasse; and WHEREAS, the City intends to bargain in good faith with its Firefighters and Police Officers, while insuring that Firefighters and Police Officers are discouraged from engaging in any kind of-strike or job action; and WHEREAS, the City intends for this ordinance to be effective only long enough fer the parties to bargain an impasse procedure and establish it by contract: NOW THEREFORE: - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO: SECTION 1. (Normal bargaining) The City shall engage in collective bargaining in accordance with the provisions of the Firemen's and Policemen's Employee Relations Act, and shall use the services of a mediator when appropriate. SECTION 2. (Factfinding to be used) In the event of an impasse, a factfinding panel shall ascertain the facts and make recommendations. SECTEON 3. (Composition of the factfinding panel) Factfinding shall be accomplished by a factfinding panel of three (3) members. One (1) member shall be appointed by the Association, one (1) by the City, and the third (neutral) shall be as agreed upon Or, if unable to reach agreement, selected through the American Arbitration Association procedure. The cost of the neutral shall be shared equally. The Association's member, if paid, shall be paid by the AssociatiOn, and the City shall pay for the City representative, if-any cost is involved. 109 .Phgezqu4 SECTION 4. (Guidelines iting the scope.of factfin?ing a. The.overall compensation in the current contract including-direCt.eelary and fiinge benefits; 4 b. .A camparison cf wages, bones and'cpnditions of employment of San Antonio Police Officers and.Firefighters with the wages, conditions of employment 9f other public and private employees in the focal labor market area similar serViCes an? with other employees generally in public an& private emPIOy? .ment?inzcompegable cities in-the State of Tex and the=City ef San.Antonio; c. The hazards of employment, physicai,:edncational, ana mental quali?ications{ job training and skills required of a.San Antonio Police'Officer or Firefig?ferg- d. The cast of-living in San Antanio relative to other communitiee; ex The rate of increase in the cost of.1iving fer the precediag twelVe?menth Period using localized data to the f?ilest extent feasible; f. Any current national or state policies-er guidelines with respect to compensation, and the-extent ta which such guidelines.are fellowed ip.ghe eomyarable pubiic and private sectors set in Secti?? 45,,a?ove. ?Action Egon readmmendations of the factfinding panel} The findi?gs Ema recommendations of the factfin?ing panel ehall not be made-public-fer seven days. 13?s]r within seven days after factfin?inge the_parties have failed.to agree to.a contract, the findings.and recommendations.ef the.fEthin?ing.panel shall 'b9=made_public? If,'within after the.recommendations-hane been made public'the parties have net agreed te-escontrectk the major unresolvediissues shall at the reguest of either party he submiteed to a referendum election which shall be binding on the parties; SECTION 6, (Genduct.of.tbe referen?um) a. The election Shali be hei? on the data-permissible under seate law, b. The recnmmendatien shali peg ?le'of'the :09: of the zefezen?um; the other party if?-of?the-costi cw Each party shall be entitled to submit-two and only.twe (2) unsettled'iSSHes te the peters. The existing cantxaet shall, therefbre, be changea3anIy-by the outcome of the d. certain righ?s are reserved to-Citg management and are not.subjeet to referen&QM. They are: (I) The right to hire, direct, transfer and:aeeign employees. f2} The-right tb zeeuce in force or lay eff mark 6311 reductions shall be in-accor?ance with Civil Service laws) (39 mbe right to determine apprepeiate staffing levels and work standaf?s; along with the quality and-quantity of services to be-aff?re? to the.public; and the means and methods of offeri?g these ServiCES. The right to discharge fer cause. (5) The right to nee security-persenael, which include,.hut are net.limited to such classifications.incorporated with the Classification:?enua1 as-Airpert Security Guard} Park.Rengex, Lifeguardf.3choel Crossing?GUard, and Municipal require training in law-entercemEnt, safety and security duties, firefighting skills, emergency medical treatment, water similar related-skills. (6) The right to use civilians in the ?olice Department and the Fire Department to euties which-do not'reguire a.cemmisei0ned officer 9: the power af?arrest. 110 x41354632341?V?"3 CITY ORDINANCE 51838 Page 3 of 4 e. Civil Service laws sh. i not be subject to referendum. f. The City shall not place on the referendum ballot any issue that would reduce any existing direct economic benefit accruing to association members. g. Polling places shall be consolidated to the maximum degree feasible in accordance with applicable state and federal laws. 7. (The procedure void in case of a strike) Should an Association cause, counsel, or permit its members to strike, slow down, disrupt, impede, or otherwise impair the normal.functions of its department; or in any manner encourage members to refuse to cross any picket line by whomever established, where such refusal would interfere with or impede the performance of the employee's duties as an employee of the City, the City shall render null and void the impasse procedure established by this ordinance by giving written notice to this effect to the president of the Association. -SECTION 8. (Disciplinary action) By this ordinance, the City reaffirms its right and intent to discipline any Firefighter or Police Officer who engages in any action listed in Section 7 above, in addition to whatever other remedies may be available to the City at law or in equity. 9. (Time limitation of the ordinance) This ordinance is intended to provide an impasse procedUre for the 1980 bargaining year Only. It is intended to provide an opportunity for the Firefighter and Police AssociatiOns and the City to bargain .an impasse procedure and include such a procedure as a permanent provision of the contract. Accordingly, this ordinance shall become invalid and void after March 31 .1981 . PASSED AND APPROVED THIS [2 day 1980. MAYOR raggamd?? I I. City Clerk 2 APPROVED as 20 FORM: I Jpn/Ci ty Attorney APPROVED as T0 /m Director of Finance 111 Jew A TTA CEMENT 3 CITY ORDINANCE 51838 Page 4 of4 OF SAN ANTONIO _In?erdeportmen1 Corre5pondence Sheet TO- The MaUQr_and Cite Council FROAL Claude C. HoRavenL_Employee Relations Coordinator COPIES TO- file SUBJECT. An ImgaSSe Procedure for Collective Bargaining February ll, 1980 ate Background The proposed ordinance_is submitted in accordance with the Council's directive (Resolution of DeCember 13, 1979) to develop an impaSse procedure to be utilized during the 1980~?81 Fire and Police_Contract Nogotiations, in the event the parties fail to reach agreement. It is felt the procedures outlined_offEr the best compromise available -to insure good faith bargaining for the upcoming contract talks. The ordinance is designed to self?destruct after the 1980 negotiations; and any impasse procedure beyond this time period should be bargained and included in future contracts, if agreement can be reached. _Conclusion and Recommendation The ordinance provides an impasse procedure which is workable and which is in the beat interest of the City.' It is recommended for adoption with the understanding that all parties will negotiate in good faith toward agreement on a reasonable and workable procedure to be included in future contracts. ?24 [77? 4 Claude C. McRaVen Employee Relations Coordinator _Recommendation-Approved: Thomas E. H?ebner City Manager 11-2 ATTACHMENT 4 CITY ORDINANCE 83927 IS 4118;96 #33 4 AN ORDINANCE 8 3 9 7 THE OFFICER AND EWLOYEE LIABILITY PLAN POLICY AND REPLACING ORDINANCE NO. 62206, ADOPTED IN JANUARY 1986- "an: at: at WHEREAS, the current Ordinance adopted as Ordinance No. 62206, in January 1986, lacks procedural detail and clarity, causing concerns as to ?acts? covered and excluded under the Indemni?cation Policy; lacks detail in procedures that of?cers and employees need. to follow in order to be entitled to indemni?cation; and causes. con?isiOn as to when the City will pay for employee?s outside counsel, and a new Ordinance is needed to de?ne ?acts? and to formalize the procedural process; NOW THEREFORE: -BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO: SECTION I. This Ordinance formally adopts the City of San Antonio Of?cer and Employee Liability Plan Policy (?the Plan?). It replace Ordinance No. 62206, adopted in January 1986'. The Plan indemni?'es City of?cers. and em?plOyees in Connection with legal proceedings arising from the performance of their duties. SECTION 2. This Policy will clarify the rights and responsibilities of the City, and of the of?cer or employee, and will simplify the process of responding in a timely manner to the initiation of litigation. The Plan shall censist. of the policies, rights, and duties embodied in this Ordinance, and shall be implemented and administered as provided by this Ordinance. SECTION 3. The proposed Ordinance de?nes ?acts? that are covered and excluded. If the City denies coverage, the Plan member may seek a determination from the court as to whether they are entitled to coverage; it will formalize the procedural process, in that of?cers and employees are given speci?c procedures in order to request indemni?cation. SECTION 4. The City Attorney or his designee will represent the Plan member unless a con?ict arises, then the Plan member must select an approved private attorney for representation. The City will not pay for any costs or legal fees incurred by the Plan member if they utilize an attorney not approved by the City Attorney and Risk Manager, unless required by law. SECTION 5. The Plan does not affect- policef?re personnel under their present labor contracts. 128 A TA CEMENT 4 CITY ORDINANCE 83927 Page 2 of 13 SECTION 6. Formal adOption of this Ordinance will not necessitate a current budget amendment, as expenditures will be approved on a case~by~case basis in connection with each individual lawsuit. 7. This Ordinance shall be effective on April 25, 1996. AND APPROVED this day of April, 1996. AYOR x24 City Clerk APPROVED AS To FORM: ivr Ci I . orney - 96?15 129 A TTA CHMEN 4 ORDINANCE 83927 Page 3 of .13 The City of San Antonio Of?cer and Employee Liability Plan Policy Section 1. De?nitions. The following terms, as used in this Ordinance, shall have the following meanings unless the context requires otherwise: '1 ?Act? includes an omission or failure to Act. _?City? means the City of San Antonio, Texas. ?City Vehicle? means a vehicle or any mobile equipment leased to, or owned by CITY. _?Cl_aim? means any claim made or suit brought against the City .andior a Plan Member for damage or injury alleged to be caused by a Covered Act. I?Clainis Board? means the Claims Board created by the Program Ordinance. _?Coverage Determination Action? means an action by a Plan Member to determine coverage under the Plan pursuant to Section. 7 of this Ordinance. 7. ?Covered Act? means any act or Om'iSSion of a Plan Member while constituting no waiver of immunities, that: voccurs during the discharge of the Plan Member?s of?cial duties, is within the course and scope of the Plan Member?s of?ce, employment, or assigned work with the CITY, as applicable, or constitutes, or is alleged or asserted to constitute, negligence on the part of the Plan Member. _occurs during incidental medical services or ?rst aid (including transportation) at the scene of an accident or injury by any Plan Member not regularly engaged in the medical profession. Risk Assumption Ordinance Revised: 03:26:96:yancz Gian? 130 . ATTACHMENT 4 CITY ORDINANCE 3392 7 p000 A of 1? "occurs while rendering medical services (including transportation) by emergency medical technicians, paramedics, nurses and aides employed by the CITY while in the course of their employment as such. - occurs while a Plan Member is carrying out their authorized duties related to the public safety activities. occurs while a Plan Member is using a CITY Vehicle, or one hired by or on behalf of the CITY, provided the use is with the permission of the CITY, or arises from the use of a Non-Owned Automobile by a Plan Member while such automobile is being used in the business of the CITY. ?arises from an act or omission of a Plan Member while they are acting the course of their duties as a. member of the Claims Board. ?Excluded Action" means any Claim against a Plan Member: _by the or that results from an intentional or knowing violation of a penal law (including an administrative agency rule having the force and effect of law) cormnitted by, or . with the knowledge and consent of, the Plan Member; (ii) an act of fraud to) Id) (6) Risk Assumption Ordinance ?nalized: 04:11:96 committed by, or at the direction of the Plan Member; of?cial misconduct, a willful or mong?il act or omission, or an not or" omission constituting gross negligence committed by, or at the direction of, the Plan 'M'ember; (iv) an act of conspiracy or collusion by the Plan Member against the or knowing or intentional violation by the Plan Member of any ordinances, policies or procedures of the CITY, or of lawful orders, instructions or directives of CITY management; or (vi) an intentional or knowing violation of employment rules or policies; or that arises while the Plan Member is using or operating 21 CITY vehicle or other CITY property or equipment with no authority to do so; or that asserts or alleges liability assumed by the Plan Member under a contract, unless the Plan Member is authorized by the CITY to enter into the contract; or wthat includes 'a joinder by the Plan Member of a claim or suit of the member against the CITY for bene?ts under the Plan; or 131 Finalizcd: 04: :96 ATTACHMENT 4 CITY ORDINANCE 83927 Pump 5' of I _for damages that are not recoverable against the or wfor damages the CITY is precluded from paying under Section 102.002, Texas Civil Practice and Remedies Code, Vernon?s Texas Codes Annotated, or for payments in excess of the limitations. on payments by the CITY prescribed by Section 102.003, Texas Civil Practice and Remedies Code, Vernon?s Texas Codes Annotated; or . that includes exemplary damages. 9. ?Excluded Loss? means any of the following: any Loss that arises out of an Excluded Action; or any Loss the CITY is precluded ?'orn paying by law; or I any Loss arising out. of a Claim resulting from a Covered Act that occurred before the Plan took effect, unless the Board at its discretion, extends coverage; or any Loss arising out of a claim resulting from a Covered Act that occurs while the Plan is in effect if the Plan Member experiencing the Loss becomes legally obligated to pay the Loss after the Plan is terminated, and (ii) such Claim or Legal proceeding were barred by any statute of limitations when instituted; or any Loss arising out of a Claim resulting from a Covered Act that occurs after the Plan 'is- terminated. 10. ?Loss? means the damages, excluding exemplary damages, that a Plan Member or former Plan Member is legally obligated to pay on account of a Claim; and (ii) amounts paid, or agreed to be paid, by the CITY pursuant to Section 3(b) and 4 of this Ordinance, to compromise or settle a Claim in order to avoid the risk expense and uncertainty of litigation. _?Loss Expenses? means any of the following: the expense in investigating or defending a claim that may result in a Plan Claim; and the costs taxed against a Plan Member in a suit that results in a Plan Claim and any pre-judgment or post-judgment interest for which the Plan Member is liable; and - Risk Assumption Ordinance 3 132 12._ 13_ 14._ 1.5_ 17. 18.? ATTACHMENT 4 CITY ORDINANCE 83927 Page 6 0f13 the reasonable expenses of a Plan Member incurred at the request in connection with a Claim that may result in a Plan Claim; and any attorneys? fees ordered by a court to be paid by a Plan Member in a suit arising out of a Claim that results in a Plan Claim. ?Non-Owned Automobile? means an automobile which is neither a CITY Vehicle nor one hired by the CITY. ?Plan? means the City of San Antonio Of?cer and Emp?IOyee Liability Plan, as established by this Ordinance. ?Plan Claim? means any Plan Loss, together with the Plan Loss Expenses that result from the Claim giving rise to such Plan Loss. ?Plan Loss? means any Loss. that is not an Excluded Loss ?Plan Loss Expenses? any? LOSS Expenses, except those incurred in canned-inn with an Excluded Action?. ?Plan-Member? means an individual who at the time of a covered Act is_ an employee of the (b)v the-Mayor, and any other member of the City COuncil;_ a. member of a- beard. or committee- created" by charter. I ordinance, or reSOIuti'on_ of the. CITY, or. (ii) the board of directors of any nonpro?t corporation created under the authority of the City Council as an instrumentality of the CITY, unless by Speci?c contract provision the CITY does not provide coverage. . ?Program Ordinance? means Ordinance No. 83926 (which establishes the Self- I?ns?urance), as from time to time amended. . Section 2. Plan Established .R The CITY hereby establishes the ?City of San Antonio Of?cer and Employee Liability Plan? which shall consist of the policies, rights, and duties embodied in this Ordinance. The Plan shall" be implemented and administered as provided by this Ordinance. Risk Assumption Ordinance 4 Finalizcd: 04:11:96 133 ATTACHMENT4 CITY ORDINANCE 8392 7 P000 70f Section 3. Defense and Settlement. "The CITY will defend any suit, except an Exduded Action, against a Plan Member or former Plan Member that results from a covered Act occurring prior to. termination of the Plan, even if the suit is groundless or fraudulent. The CITY may investigate, negotiate, or settle any Claim, as the CITY determines necessary or appropriate. Section 4. Payment of Plan Claims. The funds will pay each Plan Claim subject to any limitations contained in the Program Ordinance No. 83926, subject to the provisions of State law. This Ordinance will in no way alter any CITY tort or contract liability existing the date of its? passage. More speci?cally, this Ordinance will not alter contractual obligations in either San Antonio Fire?ghters or San Antonio Police, labor contracts existing the date of this Ordinance?s' passage. This Ordinance does not include payment, by the CITY, of exemplary damages on the behalf of a Plan Member. BE ENTITLED TO PAYMENT BY THE FUNDS FOR ANY PLAN CLAIM, A PLAN MEMBER MUST: I) give notice of loss; (2) notify the Claims Board in writing, within a reasonable time to be determined by the Board, after reCeipt of any written or" oral notice of any Claim that may result in a Plan Claim but in any event not later than two (2) working days a?er receipt of such notice; . cooperate fully with the Claims Board, City Attorney, Risk Management, . the CITY and, upon the request of the Claims Board, assist in making settlement, in the conduct of any suit, and in enforcing any right of contribution or indemnity against an individual or organization who may be liable for the Act giving rise to a Claim, or to the CITY because of the payment by the CITY of a Plan Claim; c00perate fully in the investigation and defense of any Plan Claim made against the Plan Member including but not limited to, attendance at any hearing or trial held in connection with a Plan Claim and assisting in diSCOVery, securing and giving evidence and obtaining the attendance of witnesses; Risk Assumption Ordinance 5 Finalized: 04:11:96 t6) Is) AT TACHMEIVT 4 CI ORDINANCE 8392 7 Page 3 m" If? not give any oral or written statement or enter into any stipulation or agreement concerning a Claim resulting in a Plan Claim, except upon advice of the City Attorney or his designee or when questioned by a police officer at the scene of an accident; mnot, except at the Plan Member?s own cost, voluntarily make any payment, assume any obligation, or incur any expense with respect to any Claim resulting in a Plan Claim without the consent of the Claims Board; deliver to the City Attorney or his designee, upon receipt, but no later than two (2) working days, any demand, summons, notice, or other process received by the Plan Member in connection with any Claim that may result in a Plan Claim; comply With the claims administrative procedure of the Claims Board; and perform the duties and comply with the requirements imposed. on the Plan member by this Ordinance or by the Program Ordinance. . Section 5. Legal Representation; "(bi "(oi id) - Risk Assumption Ordinance Finalized: 04:! 1:96 The CITY will provide legal rcpresentation for a Plan Member-or former Plan Member in a Claim, except an Excluded Action, in which the asserted or alleged liability of the member results from a Covered Act occurring prior to termination of the Plan; wThe City Attorney 0r his designee, the Risk Manager, shall select, supeI'Vise and/0r retain, if applicable, attorney's, experts, and investigators he deems necessary in connection with the defense of any Plan Claim. The City Attorneyor his designee shall be authorized to pursue all cross-claims, counter claims, andfor af?rmative defenses on behalf of a Plan Member or former Plan Member. if the. City Attorney determines that there exists a potential con?ict of interest for the City Attorney to represent a Plan Member (pursuant to Subsection of this Section), the CITY will pay the reasonable fee of an a private attorney approved by the City Attorney and Risk Manager to represent the Plan Member. 135 A TTA CHMEN 4 CITY ORDINANCE 83 92 7 Pump 0 of I 2 if the Plan Member utilizes an attorney not selected and approved by the City Attorney and Risk Manager, the Plan Member assumes all responsibility for all associated costs, fees, and expenses, except. those required by law that the CITY pay. Section 6. Assignm. If payment of a Plan Claim or legal representation is provided to a Plan Member under the Plan, the CITY is assigned the Plan Member?s rights of recovery against any individual or organization to the extent of the payment or liability for payment. A Plan Member shall execute and deliver to the Claims Board s'uch documents as are necessary to secure this right of assignment in the sole opinion of the City Attorney or his designee. A Plan Member shall not do anything after a Plan Claim is incurred to prejudice this right. _The Plan Member shall: cooperate hill}! with the Claims Board and, upon the request. of the Claims Board, assist in making settlement, in the conduct of any suit?, and in enforcing any right of contributions or indemnity against an individual. or organization who may be liable to the CITY because of the payment by the CITY of a Plan Claim; attend any hearing or trial held in connection with a Plan Claim and assist in discovery, securing and giving evidence, and obtaining the attendance of witnesses. .- ?Section 7. Determination of If the. CITY denies coverage under the Plan to a Plan. Member, the Plan Member may seek a determination of whether the member is entitled to such coverage from a court of preper jurisdiction. ?Section 8. big greatng 9: Cause of Action. NOTHING CONTAINED IN THIS ORDINANCE SHALL BE CONSTRUED AS CREATING A RIGHT OR CAUSE OF ACTION AGAINST THE CITY OR A PLAN MEMBER OR AS GIVING A RIGHT TO A THIRD PARTY TO INSTITUTE 0R MAINTAIN A SUIT THAT WOULD NOT OTHERWISE EXIST UNDER LAW AS A LEGAL CLAIM AGAINST THE CITY OR A PLAN MEMBER. Section 9. Indemni?cation gt Claims Bead. In the course of carrying out its responsibilities, the Claims Board and its members shall be indemni?ed and held harmless by the CITY for any act or omission and the Program shall pay all attorney fees necessary in its defense and fully recognize the members? of?cial immunity. Risk Assumption Ordinance 7 ?nalized: 04:11:96 136 ATTACHMENT 4 CITY ORDINANCE 8392 7 Page 10 0f13 Section 10. administration of Plan. The Claims Board is responsible for the administration of the Plan in accordance with its terms, subject to the superior authority of the City Manager and approval by the City Council. In the course of carrying out this responsibility, the Claims Board shall interpret and apply the provisions of this Ordinance. Section 11. Other Insurance. The Self?Insurance afforded by this Ordinance is primary self-insurance. When this self? insurance is primary and the Plan Member has other insurance which is stated to be applicable to the Plan Claim, the amount of the Fund?s liability under this Ordinance shall not be reduced by the existence of such other insurance. Section 12. Amendment, Repeal, and Termination. *The Rules of Construction, as found in the Code Interpretation Act, shall apply in interpreting this Ordinance. This Ordinance may" be repealed or amended at any time, subject to existing rights of Plan Members under Section 4' of this Ordinance, in which case the provisions of this Ordinance shall govern, all save and except, continuing obligations under prior indemnity ordinances. Section 13. an?ic'ts With Other Ordinances. This Ordinance-shall not operate to repeal or affect any other ordinance of the CITY except to the extent that the provisions thereof are inconsistent or in conflict with this OrdinanCe, in which case the provisions of this Ordinance shall govern. Section 14. everability. That the terms and provisions of this Ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phase of this Ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of the Ordinance. . Section 15. governmental Regulations. The regulations provided in this Ordinance are hereby declared to be governmental and for the health, safety, and welfare of the general public. Risk Assumption Ordinance 8 Finalizcd: 04:1 1:96 137 ATTACHMENT 4 CITY ORDINANCE 83927 Page 11 of 1'3 "Section 16- ub' i All amounts payable under this Ordinance: are subject to available and appropriated ?lnding, and applicable law. "Section 17- nd 6 r- -T'his Ordinance does not grant or vest any right to any Plan Member in, or to, the Funds administered by the Program Ordinance or any other funds of the City of San Antonio- _Section 18- E?'egtivg [gate of Plan- The program_shall become effective on April 25, 1996, 12:01 3.113. and shall continue in effect until teminated by the City Council. "Sectional 19. E?ggn'vg Dagg g: Qrdi-nangg. This Ordinance shall become- e?'ectiVe upon. its ?nal adoration by the City Cloutmcil; Risk Assumption Ordinance 9 Finalizcd: 04:! 1:96 138 A TTA CHMEN 4 CITY ORDINANCE 83927 Page 12 of 13 CITY or SAN Mill?? FINANCE DEPARTLIENT Of?ce of the Director TO: - Mayor and City Council FROM: av 'r a i COPIES: . . - - . SUBJECT: Indemni?cation Ordinance 'Date: - March 26. I996 SUNIMARY AND RECOMMENDATIONS: This Ordinance formally adopts the City of San Antonio Of?cer and Employee Liability Plan Policy (?the Plan?). It replaces Ordinance No. 62206, adopted in January 1986. The Plan indemni?es City of?cers and employees in connection with legal proceedings arising from the performance of their duties-This Policy will clarify the rights and responsibilities of the City, and of the of?cer er employee, and will simplify the process of responding in a timely manner to the initiation of litigation. The Plan does not a?ect police/?re personnel under their present labor contracts. The Plan shall consist of the policies, rights, and duties embodied in this Ordinance, and shall be. implemented and administered as provided by this Ordinance. Staff recommends approval of this Ordinance. BACKGROUND INFORMATION: The current Ordinance was adepted as Ordinance No. 62206, in January 1986, but lacks procedural detail and clarity, causing concerns as to ?acts? covered and excluded. under the Indemni?cation Policy. The Ordinance also lacks detail in procedures that of?cers and employees need to follow in order to be entitled to indemni?cation; and causes confusion as to when the City will pay for employee?s outside counsel. The proposed Ordinance de?nes ?acts? that are covered and excluded. If the City denies coverage, the Plan member may seek a determination from the court as to whether they are entitled to coverage. In addition,-it will formalize the procedural process, in that officers and employees are given speci?c procedures in order to request indemni?cation. The City Attorney or his designee will represent the Plan member unless a con?ict arises, then the Plan member must select an approved private attorney for representation. The City will not pay for any costs or legal fees incurred by the Plan member if they utilize an attorney not approved by the City Attorney and Risk Manager, unless required by law. 139 ATTACHMENT 4 CITY ORDINAN CE 83927 Page 13 0f13 FINANCIAL IMPACT: Formal adoption of this Ordinance will not necessitate a current budget amendment, as expenditures will be approved on a case-by-case basis in connection with each individual lawsuit. COORDINATION: The Finance Department and the City Attorney?s Of?ce have jointly developed this Ordinance for consideration. - Mrs. W. Chavez 6:4?0 9:94; Lloyd Garza] City Attorney Director of Finance Approved: Alexander B. Brise?o City Manager 140 ATTACHMENT 5 BENEFITS . i . A. "Current asset . . i i 1001109 - Employee Only $0 $0 Employee Chiid(ren) $0 $0 Employee Spouse . $0 $0 Emlo ee Famii $0 $0 Office'o-pay in-Network Co-insurance . 80% 80% OON Co-insurance 60% 60% incl ded - .. $250l$500 Fam ded $5001$1000 sane/$1000 Ind OOP - Net IOON $6001$1,200 Fam OOP Net I OON $1 $1 Lifetime Ma'ximum $1,500,000 $1,500,000 a Coordinatio w! med No lit-Network Rx Deductible None in-Network Rx Out of Pocket Max $150 individual/$300 famil ya: Generic 1?30 day supply Brand (preferred) 1-30 day supply Brand {non?preferred) 1?30 day supply 30% RetailIMail 90-day Generic $0 RetaiilMail 90-day Brand (pref) 10% RetaiilMaii sogday Brand (nonemef). .. DON med ded. Brand (preferred) 1-30 day supply 40% after OON med ded 40% after OON med ded Brand (non-preferred) 1-30 day supply 50% after OON med ded 50% after OON med ded RetaiiIMaii 31-90-day Generic 20% after OON med ded 20% after OON med ded RetailIMaii 31?90 clay Brand (pref) 40% after OON med ded 40% after OON med ded RetaillMail 31?90 day Brand (non-pref) 50% after OON med ded 50% after OON med ded HE cl fh No annual limit No annual limit . . *speech includes child born *speech includes child born occuPatlonaitrigfzm and Phys'cal under the plan with under the plan with developmental disorder or developmental disorder or birth defects birth defects Full Mental Health Parity covered same as any illness Serious Mental Health Physician Services 4 Of?ce Visits Annual limit 80 VtSitS in: 80% In: 80% OON: Not covered OON: Not covered 141 Chiropractic In-Vitro Coverage In: 80% Limit to six attempts per lifetime In: 80% Limit to six attempts per lifetime Routine Physical Exams (annual for age 2 and up) In: 100% to $300 OON: 60% to $300 In: 100% to $300 COM: 60% to $300 Dependent Children Well Visits In: 100% birth to age 2 with no annual limit OON: 60% after deductible up to $300 per year In: 100% birth to "age 2 with _no annual limit OON: 60% after deductible up to $300 per year Pap, Mammogram, PSA Covered at 100%, annually, age and gender appropriate Covered at 100%; annually, age and gender appropriate (60% COM) (80% OON) . . In: 100% in: 100% Immunizations OON: 60% COM: 60% 142 ATTACHMENT 6 MASTER CONTRACT DOCUMENT City of San Antonio Master Contract Document for the San Antonio Police Of?cers Association Bargaining Unit Health Bene?t Program San Antonio, Texas October 1, 2009 Introduction .. Table of Contents General Information ..IV Plan and Claims Administration ..V CHAPTER 1 GENERAL PLAN COVERAGE FOR ELIGIBLE PARTICIPANTS ..1 CHAPTER 2 COBRA ..4 CHAPTER 3 HIPAA PRIVACY .. 7 CHAPTER 4 DEFINITIONS .. 10 CHAPTER 5 COVERED MEDICAL EXPENSES ..21 CHAPTER 6 LIMITATIONS CHAPTER 7 EXCLUSIONS .. 29 CHAPTER 8 CONDITIONS .. 32 CHAPTER SUPPLEMENTAL ACCIDENT BENEFITS .. 33 CHAPTER 10 PRE-ADMIS-SION TESTING ..34 CHAPTER 11 HOSPITAL ..35 I CHAPTER 12 PREFERRED PROVIDER NETWORK ..37 CHAPTER 13 PRESCRIPTION DRUG COVERAGE .. 38 CHAPTER 14 EMPLOYEE SELF AUDIT PROGRAM ..46 CHAPTER 15 COORDINATION OF BENEFITS ..47 CHAPTER 16' PARTY CLAIMS ..50 CHAPTER 17 GENERAL PROVISIONS .. 51 CHAPTER 18 CLAIM FILING AND CLAIM PAYMENT .. 54 CHAPTER 19 REVIEW APPEAL PROCESS ..56 CHAPTER 20 APPENDIX A .. 5 7 APPENDIX A Speci?c Provisions Applicable to Police Active Employees (Cadets are covered under the Flex Plan Document as those provisions apply to Non?Uniform City Employees) .. 61 INTRODUCTION The purpose of the Employee Health Bene?t Program is to provide the City of San Antonio Uniform Employees with a family health plan, with coverage and bene?ts de?ned herein. This Master Contract de?nes and provides for coverage and administration for the. bene?ts common to uniform CITY employees. The variations in coverage applicable to such classes are set forth in speci?c appendices to this MASTER CONTRACT, including but not limited. to POLICE OFFICERS. The coverage provisions applicable to a COVERED PERSON shall collectively be referred to as the Plan, and the provisions of this MASTER CONTRACT and the applicable appendices for any COVERED PERSON shall be referred to as the PLAN DOCUMENT. This PLAN DOCUMENT does not provide for any premium payment or contributions to the cost of coverage. The obligation and amount of such payments are separately determined from the Ordinances of the City Council or any applicable Collective Bargaining Agreements. This plan is open to uniform CITY EMPLOYEES. The bene?ts provided and de?ned. in this MASTER CONTRACT are self?funded by the City of San Antonio at the time this document. was draited, but the City of San Antonio is entitled to reinsure any portion of its obligations hereunder, and additionally may contract for any carrier acceptable to the City Council to assume and administer coverage and bene?ts under this document. Both parties understand and agree the CITY shall provide health care bene?ts to the extent they are required by law in accordance with HR 3590 ?The Patient Protection and A??ordable Care Act? and HR 4872 ?Health Care and Education Affordability Reconciliation Act of 2010? pursuant to its effective dates. ANY BENEFITS UNDER THE INSURANCE OR SELF FUNDED PROGRAMS ARE SUBJECT TO CHANGE AS DETERMINED BY THE CITY COUNCIL IN ANY BUDGET YEAR, OR BY OR OTHER LAWFUL CHANGE TO THE APPLICABLE BARGAINING AGREEMENTS. The City of San Antonio may select a CLAIMS ADMINISTRATOR fren'i time to time, or may elect to administer claims under the plan as an internal function. The CLAIM ADMINISTRATOR is not an insurer. GENERAL INFORMATION NANIE OF PLAN: CitiMed PLAN YEAR: January 1 through December 31. PLAN SPONSOR: City of San Antonio PO. Box 839966 San Antonio, Texas 78283 PLAN ADMINISTRATOR: Employee Bene?ts Administrator City of San Antonio Human Resources Department PO. Box 839966 San Antonio, Texas 78283 (210) 207?8705 CLAIMS ADMINISTRATOR AND PRESCRIPTION BENEFIT United HealthCare Insurance Company PO Box 30555 Salt Lake City, UT 84130?0555 1?800?996?2078 EFFECTIVE DATE: The effective date of this plan for police uniform CITY employees is October 1, 2009 PLAN AND CLAIMS ADMISTRATION Administration and payment of claims under the PLAN DOCUMENTS shall be carried out by the CLAIMS ADMINISTRATOR, under the supervision of the PLAN ADMTNISTRATOR. It shall be a principal duty of the PLAN ADMINISTRATOR to see that the PLAN DOCUMENT is carried out as written. The PLAN ADMINISTRATOR shall have full power to administer the Plans and all of their details, and to make all ?nal determinations about coverage on behalf of the City of San Antonio. The PLAN ADIVHNISTRATOR will make available for examination, to each COVERED PERSON, his heirs, and/or assigns, records that pertain to the COVERED PERSON at a reasonable time during normal business hours as established by the PLAN ADMJNISTRATOR. The PLAN powers shall include, but shall not be limited to, the following: (C) To make and enforce reasonable rules and regulations as the PLAN ADMINISTRATOR deems necessary or proper for the effective and ef?cient administration of the PLAN To interpret the contract, including, but not limited to, all questions of cOverage and eligibility. The PLAN interpretations thereof in good faith shall be ?nal and conclusive on all persons claiming Bene?ts under the PLAN DOCUMENT, subject only to the Review and Appeal Process; and To coordinate with and supervise the CLAIMS prepare and handle budgetary and contractual relationships involving the plan, distribute information to COVERED PERSONS under the plan, appoint such agents, counsel, accountants, consultants and actuaries as may be required to assist in administering the PLAN DOCUMENT. ELIGIBILITY REQUIREMENTS Eligible Employee Full?time CITY employees (authorized full?time equivalent) are eligible to participate in the PLAN on the date their employment begins. Coverage begins on the date of hire, or upon taking of?ce and performing work for the City of San Antonio, whichever occurs later. I A new EMPLOYEE who is not ACTIVELY AT WORK for any reason other than due to medical disability on his scheduled EFFECTIVE DATE of coverage will not become" covered under the PLAN until such time as the EMPLOYEE returns to active employment. Eligible Dependent An Eligible Dependent is: The Eligible EMPLOYEES spouse. A spouse that is legally separated under a court decree under the laws of another state shall not be an eligible dependent, (2) All natural children including" legally adopted, under legal. guardianship of the Covered EMPLOYEE and who have notyet reached their twentieth birthday, provided the children have never been married and are principally dependent upon the Eligible Employee, as directed by court order, for support and maintenance. Foster children are not Eligible Dependents under this Plan, unless there has been an application for adoption accepted by the Texas Department of Human Services. Stepchildren are Eligible Dependents during the marriage between the Eligible EMPLOYEE and the natural parent of the child, so long as they permanently reside in the EMPLOYEES household, and are PRINCIPALLY DEPENDENT on the EMPLOYEE. In addition to the above, children will be considered as Eligible Dependents from age twenty (20) through age twenty-three (23), if they are full-time students, have never been married, and are DEPENDENT upon the Eligible Employee for support and maintenance. The term "Eligible Dependent" shall not include anyone who is covered as an Eligible EMPLOYEE. An Eligible Dependent shall not be entitled to any additional bene?ts or coverage by virtue of the fact that both parents, step parents or guardians are employed by the CITY. Incapacitated Dependent An Eligible Dependent child who is physically or mentally incapable of self?support upon attaining the age of twenty (20) years, shall continue to be an Eligible Dependent while remaining incapacitated, unmarried and continuously covered under the PLAN. An eligible incapacitated dependent must be solely dependent on the EMPLOYEE, and must be incapacitated by a disability that arose While such dependent was a covered dependent. To continue eligibility under this provision, proof of incapacity must be submitted by the EMPLOYEE at least thirty?one (3 1) days prior to such child's attainment of age twenty (20). Effective Date of Coverage Coverage does not become effective until the Eligible EMPLOYEE completes the health bene?t enrollment process. - Newborn infants will be covered from the date of birth as long as the. EMPLOYEE is covered under this plan and coverage for the newborn child is requested within 31 days of the child's date of birth. If coverage of a newborn is not requested within 31 days of the child's date of birth, then coverage cannot become effective until the next January 1 of the year following the next open enrollment period. Eligible Dependents who are enrolled after the EFFECTIVE DATE of. this Plan will become covered on the date such dependent is acquired, provided that the covered EMPLOYEE enrolls such dependent within 31 days of the date the dependent is acquired. if coverage of a dependent is not requested within 31 days of the date the" dependent was acquired, the coverage cannot become effective untii the ne January 1 of the year" follovving the next open enrollment period. Change of Family Status Ifthere' is a legal change in family status, the EMPLOYEE has thirty?one (31) calendar days to notify the EMPLOYEE Bene?ts Office in writing or by personally appearing in the Bene?ts Of?ce and completing a change of dependent coverage form. If there is no change in" family status or if notice is not given for additional coverage within thirty?one (3 1) days after the legal change in status, no change can become effective until the next January 1 of the year following the next open enrollment period. A legal change in family status includes: divorce; marriage; birth or adoption of a child, including a child living with the adopting parents during the period of probation; change in employment status for the EMPLOYEES spouse"; or ineligibility of a child due to age, or change in student status. Termination of Coverage for Individuals The coverage of any COVERED PERSON under the PLAN shall terminate on the earliest of the following dates: . The date of termination of the (2) The date employment terminates; (3) The date all coverage or certain bene?ts are terminated in a particular claSs by modi?cation of the and (4) The date an active Eligible EMPLOYEE is covered. under any other available alternative health care delivery system for the EMPLOYEE or dependents of the EMPLOYEE. Termination of Coverage for Dependents Coverage with respect to the COVERED dependents Shall terminate under the PLAN at the earliest time speci?ed below: (1) Upon termination of employment for the covered (2) 011 the date dependents cease to be eligible as de?ned in the Termination of Coverage for Failure to Pay Premium Coverage with respect to any COVERED PERSON for which a premium or contribution is required. shall terminate 3] days after the due date for such premium, or as soon thereafter as otherwise allowed by law. Documentation The PLAN ADMINISTRATOR is entitled to require relevant legal documentation to be ?nnished with any request for coverage or change in status. CONTINUATION COVERAGE On April 7, 1986, a federal law was enacted requiring that most employers sponsoring group health plans offer EMPLOYEES and their families the opportunity for a temporary extension of health coverage (called "continuation coverage") at group rates in certain instances where coverage under the plan would Otherwise end. This law is called the Consolidated Omnibus Budget Reconciliation Act of 1985, better known as COBRA. This notice is intended to inform EMPLOYEES, in a summary fashion, of rights and obligations under the continuation coverage provisions of COBRA. The EMPLOYEE and spouse should take the time to read this notice carefully. ?Quali?ed Bene?ciary" means: a. you, as 3. Covered EMPLOYEE, for termination or reduced hours; b. your spouse or your dependent child if he/ she was a dependent under the PLAN on the day before your Qualifying Event occurred; or - c. I a child who is born to a Covered EMPLOYEE during a period of COBRA continuation coverage. "Qualifying Event for a Cavered Employee" means a loss of coverage due to: a. termination of employment for any reason other than gross misconduct; or b. reduction in hours of employment. "Qualifying Event for a Covered Dependent" means a loss of coverage due to: a. a Covered EMPLOYEES termination of employment for any reason other than a gross misconduct or reduction in hours of employment; b. a Covered EMPLOYEES death; a spouse's divorce or legal separation from a Covered c. a Covered EMPLOYEES entitlement to Medicare; or d. a dependent child?s loss of dependent status under the PLAN. "Timely contribution payment? means contribution payment must be made within 30 days of the due date or within such longer period as applies to or under the PLAN. Continuation of Health Coverage. Continuation of health coverage shall be available to you and/or your Covered Dependents upon the occurrence of a Qualifying Event. To continue health coverage, the PLAN ADMINISTRATOR must be noti?ed of a Qualifying Event by: the EMPLOYER, within 30 days of such event, if the Qualifying Event is: 1. for a Covered Dependent, the Covered EMPLOYEES death; 2. the Covered EMPLOYEES termination other than for gross misconduct or reduction in hours; 3. for 3 Covered Dependent, the Covered. entitlement to Medicare. you or a Quali?ed Bene?ciary, Within 60 days of Such event, if the Qualifying Event is: l. for a spouse, divorce, or legal separation from a Covered or 2. for a dependent child, loss of dependent status under the PLAN. The PLAN ADMINISTRATOR must, within 14 days of receiving such notice, notify any Quali?ed. Bene?ciary of his/her continuation right. Notice to a Quali?ed Bene?ciary who is your spouse shall be notice to all other Quali?ed Bene?ciaries residing with such Spouse when such notice is given. Upon termination of employment or reduction in hours, to continue health coverage for 29 months, a Quali?ed Bene?ciary who is determined under Title II or Title XVI of the Social Security Act to be disabled on such date or at any time during the ?rst 60 days of COBRA continuation coverage, must notify the PLAN ADMINISTRATOR of such disability within 60- days from the date of determination and before the end of the 18 month period. If a. Quali?ed Bene?ciary entitled to the disability extension has non?disabled family members who are entitled to COBRA continuation coverage, the non-disabled family members are also entitled to the disability extension. Quali?ed Bene?ciaries who? are disabled under Title II or Title XVI of the Social Security Act must notify the PLAN ADMINISTRATOR within 30 days from the date of ?nal determination that they are not longer disabled. A Quali?ed Bene?ciary must elect Continuation of Health Coverage within 60 days from the later of the date of the Qualifying Event or the date notice was sent by the PLAN ADMINISTRATOR. A newborn child of'a- Quali?ed Bene?ciary or a child placed with. a. Quali?ed Bene?ciary for adoption may be added according to the enrollment requirements for dependent coverage under the Eligibility Requirements of. the PLAN. Any election by you or your Spouse shall be deemed to be an election by any other Quali?ed Bene?ciary, though each Quali?ed Bene?ciary is entitled to an individual election of continuation coverage. Upon election to continue health coverage, a Quali?ed Bene?ciary must, within 45 days of the date of such election, pay all required contribution to date to the PLAN ADNHNISTRATOR. All future contribution payments by a Quali?ed Bene?ciary must be made to the PLAN ADMINISTRATOR and are due the ?rst of each month with a 30?day grace period. A Quali?ed Bene?ciary will be noti?ed by the PLAN ADMINISTRATOR of the amount of the required contribution payment and the contribution payment options available. Termination of Coverage; Coverage will end upon the earliest of the following: termination or reduction of hours; I. 18 months from the date of the Qualifying Event; or 2. 29 months from the date of the Qualifying Event if the Quali?ed Bene?ciary is determined under Title II or Title XVI of the Social Security Act to be disabled on such date or at any time during the ?rst 60 days of COBRA continuation coverage and provides notice as required by law (including, COBRA continuation coverage of non?disabled family members of the Quali?ed Bene?ciary entitled to the disability extension). i. the day, after the 18 menth continuation period, which begins more than 30 days from the date of a ?nal determination under Title II or Title XVI of the Social Security Act that a Quali?ed Bene?ciary, entitled-to 29 months, is no longer disabled (including COBRA continuation coverage of non-disabled family members of the Quali?ed Bene?ciary entitled to the disability extension who is no longer disabled). for a Covered Dependent, 36 months from the date of the Qualifying Event if the Qualifying Event is: l. the Covered EMPLOYEES death; 2. the Covered EMPLOYEES entitlement to Medicare; 3. a spouse's divorce or legal separation from a Covered or 4. a dependent child's loss of dependent status under the Plan. if any of the Qualifying Events listed in (0) occurs during the 18-month period after the date of the initial Qualifying Event listed in coverage terminates 36 months after the date of the Qualifying Event listed in 1.. the date on which the EMPLOYER ceases to provide any group health plan to any the date on which a Quali?ed Bene?ciary fails to make timely payment of the required contribution; the date on which a Quali?ed Bene?ciary ?rst becomes (after the date of the election) covered under any other" group health. plan (as an EMPLOYEE or otherwise) which does not. contain any exclusion or limitation with reSpect to any pre?existing condition of such Quali?ed Bene?ciary; the ?rst day of the month in which a Quali?ed Bene?ciary becomes entitled to Medicare; or the date this PLAN terminates. Continuation of health coverage under this provision shali not duplicate health care coverage continued under any state or federal law. Any questions about COBRA should be directed to the Employee Bene?ts Of?ce, 115 Plaza de Armas, San Antonio, Texas 78205, (210) 207?8705. A. Use and Disclosure of Protected Health Information (PHI) The PLAN will use protected health information (PHI) to the extent of and in accordance with the uses and disclosures permitted by the Health Insurance Portability and Accountability Act of. 1996 (HIPAA). Speci?cally, the PLAN will use and disclose PHI for purposes related to health care treatment, payment for health care and health care operations. Payment includes activities undertaken by the PLAN to detennine or ful?ll its responsibility for coverage and provisiOn of plan bene?ts that relate to an individual to whom health? care is provided. These activities include, butare not limited to, the following: determination of eligibility, coverage and cost sharing amounts (for example, cost of a bene?t, plan maximums and COINSURANCE as determined for an individual?s claim); coordination of bene?ts; - adjudication of health bene?t claims (including appeals and other payment disputes); billing, collection activities and related health care data pIOCes'sin'g; claims management and related health care data processing,- including auditing payments, investigating and resolving payment disputes and reSponding to participant inquiries about payments; obtaining payment under a contract for reinsurance (including stop?loss and excess of loss insurance); medical necessity reviews or review of appropriateness of care or justi?cation of charges; utilization review, including pre-certi?cation, preauthorization, concurrent review and retrospective review; . - disclosure to consumer reporting agencies related to the collection of premiums or reimbursement (the following PHI may be disclosed for payment purposes: name and address, date of birth, Social Security number, payment history, account number and name and address of the provider and/or health plan); and reimbursement to the PLAN. Health Care. Operations include, but are not limited to, the following activities: quality assessment; population?based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, disease management, contacting health care providers and patients with information about treatment alternatives and related functions; rating provider and plan performance, including accreditation, certi?cation, licensing or credentialing activities; underwriting, premium rating and other activities relating to the creation, renewal of replacement of a contract of health insurance or health bene?ts, and ceding, securing or placing a contract for reinsurance of risk relating to health care claims (including stop?loss insurance and excess of loss insurance); conducting or arranging for medical review, legal services and auditing functions, including fraud and abuse detection and compliance programs; business planning and development, such as conducting cost?management and planning-related analyses related to managing and operating the PLAN, including formulary development and administration, development or improvement of payment methods or coverage policies; business management and general administrative activities of the PLAN, including, but not limited to: management activities relating to the implementation of and compliance with administrative simpli?cation requirements, or - customer service, including the provision of data analysis for management; and resolution of internal grievances. B. The PLAN Will Use and Disclose PHI as Required by Law and as Permitted by Authorization of the Participant or Bene?ciary C. For Purposes of This Section, the City of San Antonio is the PLAN SPONSOR The PLAN will disclose PHI to the PLAN SPONSOR only upon receipt of a certi?cation from the PLAN SPONSOR that the plan documents have been amended to incorporate the following provisions. D. With Respect to PHI, the PLAN SPONSOR Agrees to Certain Conditions The PLAN SPONSOR agrees to: not use or further disclose PHI other than as permitted or required by the PLAN DOCUMENT Or as required by law; ensure that any agents, including a subcontractor, to whom the PLAN SPONSOR provides PHI received from the PLAN agree to the same restrictions and conditions that apply to the PLAN SPONSOR with respect to such not use or disclose PHI for employment?related actions and decisions unless authorized by an individual; not use or disclose PHI in connection with any other bene?t or employee bene?t plan of the PLAN SPONSOR unless authorized by an individual; report to the PLAN any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which it becomes aware; make PHI available to an individual in accordance with access requirements; make PHI available for amendment and incorporate any amendments to PHI in accordance with make available the information required to provide an accounting of disclosures; make internal practices, books and records relating to the use and disclosure of PHI received from Plan available to the HHS Secretary for the purposes of determining the compliance with and if feasible, return or destroy all PHI received from the PLAN that the PLAN SPONSOR still maintains in any form, and retain no COpies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit thither uses and disclosures to those purposes that make the return or destruction infeasible). E. Adequate Separation Between the PLAN and the PLAN SPONSOR Must Be Maintained In accordance with HIPAA, only the following employees may be given access to PHI: 0 the staff of the Employee Bene?ts Division of the Human Resources Department I the staff of the Finance Department assigned to the Self Insurance Fund and a the staff of Legal Department assigned to the- Employee Bene?ts Division. F. Noncompliance Issues If the persons described in section do not comply with this PLAN DOCUMENT, the PLAN SPONSOR shall provide a mechanism for resolving issues of noncompliance, including disciplinary sanctions. means a condition caused by an accidental means which results in traumatic damage to the COVERED body from an external force that is unexpected at the time, but which occurrence was de?nite as to time and place. Normal and routine human movements and activities shall not be considered accidents, even though unexpected physiological injury or damage may occur as a result thereof. (Such as bending, stooping or lifting resulting in disc injury; or yawning that damages the temporomandibular joint). AT means the active expenditure of time and energy in the service of the EMPLOYER, except that an EMPLOYEE shall be deemed actively at work on each day of a regular paid vacation or on a regular non-working day, provided he was actively at work on the last "preceding regular working day. - relates to coordination of bene?ts, under Chapter 13 of this PLAN DOCUMENT. Allowable expenses shall mean any necessary usual, customary and reasonable expenses incurred while eligible for bene?ts under the PLAN, part or all of which would be covered under any of the plans, but not including any expenses contained in the Exclusions chapter. SURGICAL means a specialized facility which is established, equipped, operated and staffed primarily for the purpoSe of performing surgical procedures on an outpatient basis and which fully meets one of the following two tests: It is licensed as an ambulatory surgical facility in the state in which it is located; or Where licensing is not required: 1. it is operated under the full?time supervision of a 2. it permits surgical procedures to be performed only by PHYSICIANS who are I privileged to perform the procedure in at least one local 3. it requires in all cases, except for those using only local in?ltration anesthetics, that a licensed anesthesiologist either administers the anesthetic or supervises an anesthetist who administers it and that the anesthesiologist or anesthetist remains present throughout the surgical procedure; 4. it provides at least one operating room and at least one post-anesthesia recovery room; 5. it is equipped to perform diagnostic x-ray and laboratory examinations. or has an arrangement to obtain these services; 6. it has trained personnel and necessary equipment to handle emergencies; 7. it has immediate access to a blood bank or blood supplies; 8. it provides the full?time services of one or more registered graduate nurses (R.N.) for patient care in the operating room and post-anesthesia recovery room; and 9. it maintains an adequate medical record for each patient that contains an admitting diagnosis that includes, except for patients undergoing a procedure under local anesthesia, a preoperative examination rcport, medical history and laboratory tests and/or x-rays, and Operative report and discharge summary. MEDICAL COINSURANCE OUT OF is the sum of the under the PLAN DOCUMENT. When the annual out of pocket is reached (which can be for an individual or a family, cumulative) covered expenses incurred during that plan year will be paid at 100%. Out of Pocket does not include: Charges beyond usual customary fees; Penalties resulting from non-compliance with pre?certi?cation; Charges not covered under the PLAN. 0 Pharmacy in or out of netWork COINSURANCE PRESCRIPTION COINSURANCE the sum of prescription COINSURANCE under the PLAN DOCUMENT. When the annual out of pocket is reached (which can be for an individual or a family, cumulative) covered expenses incurred during that plan year will be paid at 100%. COINSURANCE amounts paid toWard out?of- network prescriptions do not apply to the out of pocket maximum under the group health. care coverage. The amount a member pays for any non~covered drug will not be included in calculating the Annual Out-of-Pocket The member is responsible for paying 100%. of the cost for any non-covered drug. and the cOntracted rates Will not be. aVailable. ORGAN means the following a kidney; a heart; a heart/lung; a liver, a pancreas, when the condition is not treatable by use of insulin therapy; (1) bone marrow; and a cornea. a period of 12 consecutive months beginning with. January 1 through December 31 of the same year. For new EMPLOYEES and dependents, the CALENDAR YEAR is the EFFECTIVE DATE of their coverage through December 31 of the same year. means the City of San Antonio. means the Third. Party Administrator or any CITY or office designated to process claims under the PLAN DOCUMENT. is the COVERED obligation to pay a percentage of the costs of care in accordance With the terms and provisions of this PLAN DOCUMENT. For example, if this plan provides for payment of 80% of eligible medical expense, the remaining 20% is the EMPLOYEES obligation, and is referred to as "coinsurance." If the plan provides for out of network payment of 60% of eligible medical expense, the remaining 40% EMPLOYEE obligation is referred to as ?coinsurance.? If the plan provides for an prescription payment of 80%, the remaining 20% is the employee?s obligation and is referred to as ?co-insurance OF means: conditions requiring HOSPITAL con?nement (when the pregnancy is not terminated) Whose diagnoses are distinct from pregnancy but are adversely aifected by pregnancy or carised by pregnancy, such as: acute nephritis; nephrosis; cardiac decompensation; missed abortion; and similar medical and surgical conditions of comparable severity; or non-elective caesarean section; ectopic pregnancy which is terminated; or Spontaneous termination of pregnancy which occurs during a period of gestation in which a viable birth is not possible. "Complications of pregnancy" does not mean: false labor; occasional spotting; physician prescribed rest during pregnancy; morning sickness; hyperemesis gravidarum; preeclarnpsia; or similar conditions associated with the management of a difficult pregnancy not constituting a nosologically distinct complication of pregnancy. mean any surgical procedure or any portion of a surgical procedure performed primarily to improve physical appearance and does not promote the preper funCtion of the body or treat any illness or injury. means an eligible EMPLOYEE, retiree, of?cial or eligible Dependent covered under this Plan. means an AMBULATORY SURGICAL CENTER, a HOME HEALTH CARE AGENCY, a licensed HOSPICE care center, a HOSPITAL, a PHYSICIAN, a SURGEON, a TREATMENT FACILITY, a REHABILITATION FACILITY and a SKILLED NURSING FACILITY, or other licensed clinician apprOve'd. by the PLAN ADMINISTRATOR. means that type of care or service, wherever furnished and by whatever name called, which is designated primarily to assist a COVERED PERSON, whether or not totally disabled, in the activities of daily living. Such activities include, but are not limited to: bathing, dressing, feeding, preparation of Special diets, assistance in walking or in getting in or out of bed, and supervision over medication which can normally be self?administered. means the amount of Covered Medical Expenses a COVERED PERSON must incur and pay each CALENDAR YEAR before bene?ts are payable under the PLAN. DEDUCTIBLE means that, once the sum of the family deductible has been satis?ed by the cumulative Covered Medical EXpenses of the eligible EMPLOYEE and one (I) or more of his eligible dependents in a CALENDAR YEAR, no further deductible need be satis?ed in that CALENDAR YEAR for any other eligible member of the family. For example (in?network): EMPLOYEE 85.00 Spouse $250.00 Satis?ed the Individual DEDUCTIBLE Child 90.00 Child 2 $100.00 Total submitted $525 .00 amin DEDUCTIBLE Accumulation $500.00 25.00 reimbursed at COINSURANCE level Where a City EMPLOYEE, by virtue of his relationship to another City EMPLOYEE, would be considered an eligible dependent but for his employment with the CITY, the higher of the two (2) family DEDUCTIBLES of these two (2) City EMPLOYEES need only be satis?ed. means a currently licensed dentist practicing within the scope of the license or any PHYSICLAN finni'shing dental services which the PHYSICIAN is licensed to perform. means the following: blood glucose monitors, including monitors designed to be used by blind individuals; insulin pumps and associated appurtenances; insulin infusion devices; and pediatric appliances for the prevention of complications associated with diabetes. 9.0 .ch means the following: test strips for blood glucose monitors; visual reading and urine test strips; lancets and lancet devices; insulin and insulin analogs; injection aids; syringes; prescriptive and non?prescriptive oral agents for controlling blood sugar levels; and glucagon emergency kits. monesge means a person who undergoes a surgical operation for the purpose _of donating a BODY for TRANSPLANT SURGERY. MEDICAL means equipment prescribed by the attending PHYSICIAN which meets each of the following: a) MEDICALLY b) is not primarily or customarily used for non-medical purposes; c) is designated for prolonged use; and d) serves a speci?c therapeutic purpose in the treatment of any injury or illness. when applied to an indiVidual?s coverage under the means the ?rst day of the individual?s coverage. The individual?s effective date may or may not be the same as the indi'vidual?s enrollment date (as ?enrollment date? is de?ned by the PLAN). is any expense; which is eligible for payment, in whole or in part under this PLAN DOCUIVIENT. . Emergency Services are health care services provided in a Hospital emergency facility or comparable facility to evaluate and stabilize medical conditions; including a behavioral health condition, of a recent onset and severity including, but not limited to, severe pain that. would lead a prudent lay person; possessing an average knowledge of medicine and. health to believe that his or her condition; Illness; or Injury is of such a nature that failure to get immediate medical care could result in: l. placing his or her health in serious jeopardy; serious impairment to bodily functions; serious dysfunction of any BODY ORGAN or part; serious dis?gurement; or in the case of a pregnant woman, serious jeopardy to the health of the fetus. ?ewe This de?nition is only for purposes of determining whether out of network emergency services will be paid at in?network bene?t levels. - means a person who is directly employed by the City of San Antonio and is regularly scheduled. for a full shift or schedule in like manner as other similarly situated workers in the department or division. "Employee" shall also include employees on Worker's Compensation, Disability, or Non? Paid status. means the City of San Antonio. means a participant's dependent child who is enrolled in and regularly attending an accredited college, university or institution on a full time basis as determined by the institution attended by the student. Evidence of the child's status as a full time student satisfactory to the PLAN ADMINISTRATOR must be furnished by the COVERED PERSON in the event of a claim or enrollment. A person ceases to be a full time student at the end of the month during which the person graduates or otherwise ceases to be enrolled and in attendance at the institution on a full time basis. A person continues to be a full time student during periods of vacation established by the institution, unless the person does not continue as a full time student immediately following the period of vacation. HEALTH CARE means an. agency or organization which meets all of the following requirements: - (1) It is licensed and primarily engaged in providing skilled nursing care and other therapeutic services; (2) It has policies established by a professional group associated with the agency or organization and includes at least one physician and one registered graduate nurse (RN) who provide full time supervision of such services; It maintains complete medical records on each individual; (4) It has a full time administrator. means an agency which: a. is primarily engaged in providing counseling, medical services or room and board to terminally ill persons; b. has professional service policies established by a group associated with it. This group must include one (I) PHYSICIAN, one (1) Registered Nurse (RN) and one (1) social service coordinator; has full?time supervision by a has a full-time Administrator; provides services 24 hours a day, seven (7) days a week; maintains a complete medical record of each patient; and is licensed in accordance with state law. eenep means only an institution constituted and operated pursuant to any applicable law, engaged in providing, on an inpatient basis at the patient's expense, diagnostic and therapeutic facilities for the surgical and medical diagnosis, treatment, and care of injured and sick individuals by'or under the supervision of a licensed PHYSICIAN or SURGEON and continuously providing 24~hour~a~day services by registered nurses. The term "hospital" shall not include any institution or part thereof which is other than incidentally a place for rest, a residential treatment center, or a nursing home or convalescent hospital. CARE UNIT 0R CARDIAC CARE means a clearly designated service area which is maintained within a hospital and which meets the following tests: It is solely for the treatment of patients who require special medical attention because of their critical condition; It provides within such area special nursing care and observation of a continuous and constant nature not available in the regular rooms and. wards of the It provides a concentration of special lifesaving equipment immediately available at all times for the treatment of patients con?ned within such area; and It provides at least one professional registered nurse who continuously and constantly attends to the patient con?ned in such area on a twenty-four (24) hour a day basis; or An alternate hospital that is approved by the PLAN as long as the cost of care does not exceed the cost of care at a HOSPITAL that substantially meets subparagraphs through above, in accordance with one or more of the following criteria: to facilitate provision of medical services by a particular (ii) the COVERED physician 'certifies in writing to the PLAN ADMINISTRATOR before services are rendered that the hospital is equipped to provide needed intensive'or cardiac care; proximity of the COVERED immediate family members; (iv) the medical condition of the COVERED PERSON indicates that it would be inadvisable to transfer to another hospital. is the cumulative maximum amount payable during the lifetime of the COVERED PERSON, during periods of eligibility, as set forth in the Schedule of Bene?ts. means and refers to this PLAN DOCUMENT, which sets forth the provisions of universal applicability to the various health bene?t plans. NECESSAR means any care, treatment, service or supply provided for the diagnosis and treatment of a speci?c illness, injury or condition which meets all of the following. The care and treatment is appropriate given the and is consistent with the diagnosis, if any. "Appropriate" means that the type, level, and length of service and the setting are needed to provide safe and adequate care and treatment; It is rendered in accordance with generally accepted medical practice and professionally recognized standards in the United States medical community; It is not treatment that is generally regarded as experimental, educational or unproven; and It is speci?cally allowed by the licensing statutes that apply to the provider that renders the service. . With respect to confinement in a HOSPITAL, ?lrther means that the medical condition requires con?nement and that safe and effective treatment cannot be provided as an outpatient. The CLAIMS ADMINISTRATOR may require satisfactory proof in writing, that any type of treatment, service or supply received is MEDICALLY NECESSARY. The CLAIMS ADMINISTRATOR may also speci?cally require the prescribing physician or consulting board or committee of any facility to provide a written analysis of. the necessity and acceptability of the methods, process or procedure under this paragraph, taking into account the criteria set forth above. The fact that a physician may prescribe, order, recommend or approve care, treatment, service or supply does not, in itself, make them MEDICALLY NECESSARY. - Medical necessity speci?cally does not include any: Repeated test which would not be necessary if initially done correctly, or is not necessary at current intervals; Care, treatment, service or supply which is for the support, education. or vocational training of the COVERED Criteria used in determining that a procedure is experimental includes: Whether there is an appropriate rationale for the treatment; Whether there is evidence that the treatment is effective; (0) Whether there is evidence that the treatment is harmful; Whether the bene?ts justify the immediate and delayed risks of treatment; Whether the treatment has been endorsed or approved by the appropriate medical authorities, such as the FDA, the AMA or other medical specialty societies or specialists or whether the treatment is covered by Medicare or other public programs; Whether the device or treatment is the subject of ongoing investigation or research; Whether the treatment is legal; Whether controlled medical trials have been carried out that demonstrate the treatments efficacy. charges for the routine care of a newborn child, while HOSPITAL con?ned, are covered by the PLAN on the same basis as an illness of such newborn child. Such charges will be considered separate from the mother's charges and subject to the DEDUCTIBLE and the applicable bene?t perCentage payable as shown in the Schedule of Bene?ts. All such newborn coverage shall include circumcision. Well baby care is covered for three days after birth, before an individual dependent DEDUCTIBLE is applicable to the newborn. means any other contract or policy under which the COVERED PERSON is enrolled, such as: Group or blanket insurance; Group practice, group Blue Cross, group Blue Shield, individual practice offered on a group basis, or other group prepayment coverage; Labor management trusteed plans, union welfared plans, employee organization plans, or employee bene?t organization plans; Government programs, such as Medicare, or coverage required or provided by statute; Any group coverage of a child Sponsored by, or previded through, any educational institution; Group arrangements for members of associations or individuals. COVERED means a certified social worker (CSW) licensed professional counselor (LP-C), licensed occupational therapist (LOT), certi?ed narse. midwife, licensed speech therapist, licensed physical therapist, registered nurse, licensed Vocational nurse, or licensed practical nurse. 0R means any professional practitioner who holds a lawful license authorizing the person to practice medicine or surgery in the locale in which the service is rendered, limited to a Doctor of Medicine (M.D.), a Doctor of Osteopathy (D.O.), a Doctor of Pediatric Medicine (D.P.M.), a Doctor of Dental Surgery (D.D.S.), a Doctor of Chiropractic (DC), a Clinical who has met the standards of the National Register of Health Service Providers in whenever used herein without quali?cation means this PLAN DOCUMENT. means the City 'of San Antonio's designated Employee Bene?ts Administrator. means this Master Contract and any Addendum, which collectively provide and defme coverage for particular EMPLOYEES and dependents. means the City of San Antonio. is the information provided to City EMPLOYEES concerning coverage and bene?ts to assist in understanding and using available benefits. THE PLAN SUMLIARY DOES NOT DEFINE COVERAGE, WHICH IS THE SOLE PURPOSE OF THE MASTER CONTRACT. ANY STATEMENT ABOUT COVERAGE IN THE SUIVIIVIARY IS A GENERAL INTERPRETATION ONLY, AND IS NOT MADE FOR SPECIFIC APPLICATION TO ANY COVERED PERSON, ILLNESS, OR EXPENSE. means any full time, permanent, paid EMPLOYEE who: Is employed by the City's Police Department; Has been hired in substantial compliance with Chapter 143 of the Local Government Code; . (0) Has successfully completed the Police Academy; and Has received his or her certi?cate from the Police Chief. DELIVERY means postpartum health care services provided in accordance with accepted maternal and neonatal physical assessments. Post Delivery Care includes parent education, assistance and training in breast?feeding and bottle~feeding, including use of a Certi?ed Lactation Consultant, and the performance of any necessary and appropriate clinical tests. shall have the meaning de?ned in Sections 151 and 152 of the Internal Revenue Code and the regulations thereunder. DAY TREATMENT means an institution. which meets all of the following requirements: It is a mental health facility which: provides treatment for individuals suffering from acute mental, nervous or emotional disorders, in a structured program utilizing individualized treatment plans. with specific attainable goals and objectives appropriate both to the patient and the treatment modality of the program; and is clinically supervised by a doctor of medicine who is certi?ed in by" the American Board of and Neurology. It is accredited by the Program for Facilities or its successor, or the Joint Commission on Accreditation of and (0) Its patients are treated for not more than eight (8) hours in any twenty?four (24) hour period. means an individual eligible for coverage under the PLAN who has been diagnosed with: . a. insulin dependent or non?insulin dependent diabetes; b. elevated blood glucose levels induced by pregnancy; or another medical condition associated with elevated blood glucose levels. means an insured person who undergoes a surgical operation to receive a BODY ORGAN transplant. means a facility that provides services of acute rehabilitation. All services are provided under the direction of a PHYSICIAN with a specialty in rehabilitationand physical medicine. The facility is staffed around the clock by registered nurses and it does not provide services of a custodial nature. The facility must be Medicare certi?ed, licensed by the State Department of Health as a "special hospital" and accredited by the Joint Commission on Accreditation of Healthcare Organizations. It is also accredited by the Commission on Accreditation of Rehabilitation Facilities. NURSING means a legally operated institution, or a distinct part of an institution, primarily engaged in providing skilled nursing care to patients recovering from injury or illness and which: Is under the resident supervision of a PHYSICIAN or registered nurse Provides continuOus skilled nursing care for 24 hours of every day; (0) Requires that the health care of every patient be under the supervision of a Provides that a PHYSICIAN be available at all times to ?Jrnish necessary medical care in emergencies; Maintains clinical. records- fer. each. patient;- Has an effective utilization review plan; Has a transfer agreement with at least one (1) Is not, other than incidentally, a clinic, a place devoted to care of the aged or a place for treatment of mental disorders or mental retardation; (1). Is not"& place CARE, MECHANICAL means any non-organic device. used in conjunction with the RECIPIENTS own BODY ORGAN for the purpose of sustaining a? bodily function for which a transplant has been deemed necessary by the attending physician. means the transfer of BODY from a DONOR to a RECIPIENT. CUSTOMARY means charges for MEDICALLY NECESSARY services and supplies which would usually be provided for cases the same as or- similar to the one. being treated. The Usual and Customary charge is limited to the lesser of: The fee usually charged by the provider for similar services and supplies; and. The fee usually charged for the same service or supply by other providers who are in the same area. "Area" means a geographical area as determined by the CLAIMS ADMINISTRATOR to be signi?cant enough to establish a representative base of charge for the treatment. The determination of the "usual and customary" charges by the CLAIMS ADMINISTRATOR shall be based on standard pro?les and statistical sampling methods accepted in the bene?ts industry. Usual and customary shall be based on the 85th percentile and updated on a semi-annual basis. All charges above or beyond the "usual and customary" charges so determined are the ?nancial responsibility of the COVERED PERSON. Upon request; the CITY will furnish information or assistance to a COVERED PERSON to enable them to contest excessive charges, in accordance with the policy of the Employee Bene?ts Of?ce in effect at the time of the request. Covered Medical Expenses shall be the portion, set forth in the Schedule of Bene?ts, of the usual and customary charges for the following services, supplies, and treatment when MEDICALLY NECESSARY and when ordered by a licensed PHYSICIAN or SURGEON. Medical expenses exceeding usual and customary expenses covered by this PLAN will be the obligation of the COVERED PERSON. I. 2. Daily semi?private room charge in a HOSPITAL or REHABILITATION FACILITY. Services and supplies furnished by a HOSPITAL. Treatment by a PHYSICIAN oi SURGEON. Treatment by any OTHER COVERED PROVIDER not related by blood or marriage. Anesthesia and its administration. "Surgery in mouth or oral cavity" is limited to: (C) removal of non?odontogenic lesions, tumors or incision and drainage of non-odontogenic cellulitis; surgery on accessory sinuses, salivary glands and ducts and tongue; surgical treatment of fractures and dislocation of the jaw resulting from an ACCIDENTAL INJURY. Diagnostic radiology, radiation therapy and laboratory examinations. Ambulance charges to or from the nearest medically appropriate HOSPITAL by an ambulance service operated in accordance with State law. Medical supplies and equipment as follows: (C) drugs and medicines which can be obtained only by numbered prescription for the speci?ed illness or injury for which the patient is being treated; birth control pills, injections and medication implants are covered for EMPLOYEES and dependent spouses only. No other contraceptive methods or devices are covered; blood and blood plasma; charges for drawing and storing autologous blood; prosthetic appliances such as arti?cial limbs or eyes, not including their replacement except when required due to growth or development of a dependent child. After a covered mastectomy, breast implants or prostheses are also covered. Replacement of breast prosthesis is covered only when original prosthesis was required due to a major catastrophic illness or injury; crutches. The rental (but not to exceed the total cost of purchase) or, at the option of the CLAIMS ADMINISTRATOR, the purchase of DURABLE MEDICAL EQUIPMENT when MEDICALLY NECESSARY and preScribed by a PHYSICIAN for therapeutic use, including wheelchairs, hospital beds, oxygen and equipment for its administration including IPPB (Intermittent Positive Pressure Breathing); medical supplies such as lancets, autolets, syringes, dextrowash and dextrostix, ostomy supplies, casts, splints, trusses and braces; orthOpedic. shoes when prescribed by a PHYSICIAN. 10. Dental treatment for fractured jaw or for to sound natural teeth including replacement of such teeth within six months after the date of accident, provided that such accident occurs while the COVERED PERSON is on the PLAN. 11. Expenses incurred for maternity care and services shall be covered on the same basis as for any other illness incurred by the COVERED PERSON or the dependent spouse. There is no coverage for expenses for maternity care and services incurred by a dependent child except for COMPLICATIONS OF PREGNANCY which shall be treated as any other illness. The attending PHYSICIAN shall make the determination as to whether a delivery is complicated. Under Federal law, group health plans generally may not restrict bene?ts for any HOSPITAL length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. The 48-hour period (or 96-hour period if applicable) begins at the time a delivery occurs in the HOSPITAL (or in the case of multiple births, at the time of the last delivery) or, if the delivery occurs outside the HOSPITAL, at the time a mother and/or newborn are admitted. However, Federal law generally does not prohibit the mother?s or newborn?s attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours if applicable) following the delivery. If a decision is made to discharge a. mother or her newborn child from inpatient care before the expiration of the minimum hours of coverage of inpatient care as provided above, the PLAN will provide coverage for timely POST DELIVERY CARE as defined herein. Such care may be provided to the mother and the child by a PHYSICIAN, registered nurse or other appropriate licensed health care provider and may be provided at the mother?s home, a health care provider?s office, a health care facility or another location determined to be appropriate under rules adopted by the Commissioner of Insurance. 12. NEWBORN CARE. 13. Services of a licensed speech therapist are covered when therapy is rendered in accordance with speci?c instructions as to type and duration when Speech was present before the illness and/0r injury, and for a child born under the plan with developmental disorder or birth defects. 14. 15. 16. 17. 18. 19. Services of a licensed physical therapist are covered only for those services that require the technical medical pro?ciency and skills of a licensed physical therapist and which are rendered in accordance with a speci?c instructions as to type and duration. . Acupuncture or hypnosis when performed by a COVERED PROVIDER and in lieu of anesthesia. Conditions To be treated as any other illness/condition requiring care, as required by the The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). Chemical dependency and substance abuse will be treated as any other illness. Voluntary sterilization is cOvered. Preventive services: a. One routine pap smear (doctor's procedure charge, lab expenses and office visit) per CALENDAR YEAR for female COVERED b. One routine mammogram per CALENDAR. YEAR for female COVERED PERSONS age thirty-?ve (35) and over; One (1) routine physical examination per CALENDAR YEAR for each eligible EMPLOYEE and dependent. 20. 1. If performed by the EMPLOYEES own covered services will be limited to a preventative medical examination, blood chemistry profile, thyroid function (TS-H), fecal Occult blood, urinalysis, electrocardiogram, body fat measurement, health risk appraisal, stress and personality pro?le, and nutritional analysis, subject to the DEDUCTIBLE and COIN SURANCE as stated herein. 2. If performed at the Occupational Health Clinic, the PLAN will cover a complete blood count, cholesterol and glucose Screening; blood pressure check; height and-weight evaluation; and a health assessment questionnaire at 100%. physical examination for the. detection of prostate cancer and prostate?speci?c Antigen test used for the detection of prostate cancer for each male enrolled in the PLAN who is; 1. at least 50 years of age and or 2. at least 40 years of age with a family history of prostate cancer or another prostate cancer risk factor. - See Appendix A .- Immunizations and Vaccines Gamma globulin injections and the following immunizations for Covered Dependents from birth through the date the child is six (6) years of age shall be covered: DTP, polio (OPV), meningitis hepatitis TB tine; varicella; and any other immunizations as required by Texas law. After age six (6), the aforementioned immunizations will be covered only if the dependent was covered under this before attaining age six (6). Expenses for all covered immunizations are covered at 100%, deductible waived. Other services provided at the same time as the immunizations, including, but not limited to, of?ce visit charges, shall be subject to the DEDUCTIBLE and COINSURANCE. Synagis (Palivizumab) administration for the prevention of respiratory virus (RSV) among high risk infants meeting prescribing criteria set forth by American Academy of Pediatrics (AAP) will be covered at 100%, deductible waived, only if such treatment is determined to be MEDICALLY NECESSARY and prior authorization obtained on or before administration of the ?rst injection. 21. Attention De?cit Disorder? To be treated as any other illness/condition requiring care, as required by the The Mental Health Parity and Addiction Equity Act of 2008 (MI-IPAEA). 22. Occupational Therapy. 23. Diabetes. Coverage shall be provided to each QUALIFIED 1N SURED. as defined herein for: a. DIABETES b. DIABETES and - 0. diabetes self-management training programs as de?ned herein. Self-management training programs must be provided by a health care practitioner or provider who is licensed, registered, or certi?ed in Texas to provide appropriate health care services related to diabetes education. Self?management training includes: a. training provided to a QUALIFIED INSURED after the initial diagnosis of diabetes in the care and management of that condition, including nutritional cOuns'el?ing and preper use of DIABETES- EQUIPMENT and supplies; b. additional training authorized by a PHYSICIAN or other health care practitioner of a significant change in the QUALIFIED or condition that requires changes in the QUALIFIED self?management regime; and c. periodic or episodic continuing education training when prescribed by an appropriate health care practitioner as warranted by the development of new techniques and treatments for diabetes. 24. Temporomandibular Joint. MEDICALLY NECESSARY diagnostic or surgical treatment of conditions affecting the temporomandibular joint (jaw and the craniomandibuiar joint) resulting from one of the following shall be covered: an accident; a trauma; a congenital defect; a developmental defect; or a pathology. 9999?? Such coverage is subject to the same Plan provisions as for any surgical treatment including, but not limited to, the requirements for pre?certi?cation of bene?ts. 25. Mastectomy. Coverage for inpatient care for a COVERED PERSON is as follows: a. 48 hours following a mastectomy; and b. 24 hours following a node dissection for the treatment of breast cancer. For reconstruction of the breast on which a MEDICALLY NECESSARY mastectomy has been performed; surgery and reconstruction of the other breast to produce a symmetrical appearance; prostheses and treatment of physical complications for all stages of the mastectomy, including are covered under this Plan. If the COVERED PERSON and the COVERED PERSON's attending PHYSICIAN determine that a shorter period of inpatient care is apprOpriate, the. Plan is not required to provide the minimum hours of coverage of inpatient care stated above. 26. 27. Treatment for Mental and Nervous Conditions shall be covered the same as any other illness/condition requiring care, as required by the The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). HOSPICE Care. HOSPICE Care is an alternative to the HOSpital Con?nement of a terminally ill person. HOSPICE Bene?ts are available for COVERED PERSONS with _a life expectancy of six (6) months or less provided the attending PHYSICIAN approves the program. Failure to pre? certify will result in no bene?t allowances. HOSPICE Care is subject to the DEDUCTIBLES and COINSURANCE as provided in the applicable appendix for each class of CITY EMPLOYEE, retiree, and of?cial. Eligible HOSPICE Charges are charges made by a HOSPICE for: 28. a. room and board; . b. private duty nursing care provided by or under the supervision of a Registered Nurse - .. c. part~time .or intermittent home health. aide services which consist primarily of caring for the patient by employees of the . d. social work performed by a licensed social worker, routinely provided by the HOSPICE agency; e. nutritional services, including, special meals, if included. in the per diem; f. emotional support services routinely provided by the HOSPICE agency, if included in the per diem; g. bereavement counseling sessions for eligible dependents covered under the PLAN, if included in the per diem; and h. drugs and medication. Organ Transplants. If covered expenses are incurred as a result of a BODY ORGAN transplant, the PLAN will pay the applicable COINSURANCE percentage of the Covered Expenses, as de?ned herein, after the DEDUCTIBLE is applied, subject to the LIFETIME MAXIMUM bene?t and the following conditions: a. Bene?ts are available for BODY ORGAN transplantation, subject to determination made on an individualized case by case basis in order to establish medical necessity; b. Bene?ts will be provided only When the HOSPITAL and PHYSICIAN customarily charge a transplant RECIPIENT for such care and services; c. When only the transplant RECIPIENT is a COVERED PERSON, the bene?ts of the PLAN will be provided for the DONOR to the extent that such bene?ts are not provided under any other form of coverage. In no such case under the PLAN will any payment of a "personal service" fee be made to any DONOR. Only the necessary HOSPITAL and medical care and services expenses with respect to the DONOR will be considered for bene?ts; When only the DONOR is a COVERED PERSON, the DONOR will receive bene?ts for care and services necessary to the. extent such bene?ts are not provided under any coverage available to the RECIPIENT. Bene?ts will not be provided to any RECIPIENT who is not a COVERED and When the RECIPIENT and the DONOR are both COVERED PERSONS, as provided herein, bene?ts will be provided for both in accordance with their respective Covered Expenses. I If the RECIPIENT is the COVERED PERSON and/or pursuant to the conditions set forth above, the following coverage shall be provided: $951.0?" The use of TEMPORARY MECHANICAL EQUIPMENT, pending the acquisition of "matched" BODY - TRANSPLANT SURGERY of a BODY ORGAN as de?ned herein; Multiple transplant(s) during one (1) operative session; Replacement(s) or subsequent transplant(s); and Follow?up expenses for covered services, including immunoSuppressant therapy. If the DONOR is a COVERED PERSON and pursuant to the conditions set forth above, the following c0vera'ge shall be provided: a. b. c. The acquisition of a BODY from the The life support of a DONOR pending the removal of a usable BODY and Transportation of a BODY However, transportation of a BODY shall not include transportation of a living DONOR and/or a DONOR on life support. Bene?t limitations apply to the following conditions and services: 1 . Abortions Abortions will be covered when the attending PHYSICIAN certifies that the mother?s life would. be endangered if the fetus were carried to term. 2. Cosmetic Procedure Elective procedure performed solely to improve appearance is not covered. Nor are the complications that may arise from or are the direct result of such. procedure. covered. A procedure utilized as treatment of neurosis, and other mental, nervous and emotional illness will be covered as any other illness/condition requiring care, as required by the The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). Additionally, expenses incurred for a cosmetic procedure for the prompt repair or alleviation of damage caused solely by accidental bodily injury, or congenital defects of children, or for the correction of a congenital anomaly in a newborn child, Or for: the reconstruction of the breast on which a MEDICALLY NECESSARY mastectomy has been performed; surgery and reconstruction of the other breast to produce a symmetrical appearance; prostheses and treatment of physical complications for all stages of the mastectomy, including are covered under this PLAN. 3. Treatment in Mouth or Oral Cavity The care and treatment of the teeth, gums or alveolar process or for dentures, appliances or supplies used in such care and treatment is not covered, eXcept for charges incurred as a result of and within six months after an accident suffered while covered hereunder for treatment of injuries to sound, natural teeth, including replacement of such teeth, or for setting of a jaw ?actured or dislocated in such accident; provided, however, that this exclusion shall not be applicable to services and supplies rendered to a newborn child which are necessary for treatment or correction of a congenital defect. 4. Maternity for Dependents Maternity care and services rendered to a dependent child are limited to treatment of COMPLICATIONS OF PREGNANCY. 5. Mental and Nervous Conditions shall be covered the same as any other illness/condition requiring care, as required by the The Mental Health Parity and Addiction Equity Act of 2008 Expenses for treatment in a day treatment facility for a mental, nervous or emotional disorder, if the attending physician certi?es that such treatment is in lieu of hospitalization, will be covered as if incurred on an inpatient basis. Any bene?ts so provided shall be determined as if necessary care and treatment in a day treatment facility were inpatient care and treatment in a hospital; each full day or treatment in a day treatment facility shall be considered equal to one?half day of hospital con?nement for purposes of determining bene?ts and bene?t maximums under the PLAN. 6. Private Room Limit When private room accommodations have been used, charges will be reimbursed at the average semi? private room rate in the facility. If a HOSPITAL has private rooms available only, then the maximum eligible charge will be based on the usual and customary semi-private room charge in the community. No coverage is provided under the PLAN for services and supplies: 1. 10. 11. 12. 14. 15. For which the patient or has no legal obligation to pay, or for which no charge would be made if the EMPLOYEE had no health coverage. Any treatment or service rendered by a COVERED PROVIDER related by blood or marriage. . Not MEDICALLY NECESSARY for the diagnosis and treatment of an illness or injury or which exceed the USUAL AND CUSTOMARY CHARGES. For intentionally self?in?icted injury, whether sane or insane. For diseases contracted or injuries sustained as a result of service in any branch of the armed forces. For accidental bodily injury or I illness which is covered by Workers' Compensation or an Occupational Medical Policy, or any expenses payable under compromise settlement agreements arising from a WOrkers' Compensation Claim. For marital, family, vocational and other counseling services, except for nutritional counseling for diabetics. For sex transformation surgery and all expenses in connection with such surgery. For reversal or attempted reversal of sterilization, For services, therapy and counseling for sexual dysfunction or inadequacies or for implants or aids to sexual function except due to a disease or injury which is otherwise covered by this PLAN. Family planning, infertility treatment and services including but not limited to: arti?cial insemination and personal therapy for infertility, except in-vitro coverage as allowed. in the Schedule of Bene?ts For a dependent child's pregnancy except for complication as de?ned by the PLAN arising from a dependent child's pregnancy. For smoking cessation seminars, services, devices or "medications. For the surgery or treatment of obesity, morbid obesity, dietary control, or for weight reduction. For nutritional supplements, including prescription and over the counter vitamins. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. .26.. 27. 28. 29. 30. 31. 32. 33. 34. For exercise equipment or exercise programs. For orthotics (arch supports, etc.) and other supportive devices for feet that are not prescribed by a PHYSICIAN. For air conditioners, ?lters, humidi?ers, dehumidi?ers, and puri?ers. or exercises, visual training (orthoptics), eyeglasses, including contact lenses, hearing aids, or examinations for the purpose of determining visual acuity or level of hearing. For radial keratotomy surgery and orthokeratology. For medical, dental or surgical treatment including associated diagnostic procedures of orthognathic conditions. For vocational therapy; For preparing medical reports or itemized bills. For travel or accommodations, Whether or not recommended by a PHYSICIAN. For charges associated with non?emergency HOSPITAL admissions on either a Friday or a Saturday unless a surgical procedure is performed Within 24 hours of admission. For special education, counseling or care for learning de?ciencies or behavioral problems whether or not associated with a manifest mental disorder or other For care in a health resort, rest home, nursing home, residential treatment center, or any institution primarily providing convalescent, or CUSTODIAL CARE. - For CUSTODIAL CARE. For any claims ?led more than one (1.) year from the month the covered. service or supply was provided. For admissions aimed at primarily overcoming the after effects of a speci?c episode of drug abuse (detoxi?cation), or to keep the patient from access to drugs (maintenance care). For sales tax, transportation, tariffs, immigration fees for international travel, Or federal excise taxes. For routine physical examinations for eligible dependents and for eligible EMPLOYEES not covered in Chapter 1. . No coverage is provided for services and supplies for routine or preventative immunizations or vaccinations except for gamma globulin injections and child immunizations. Coverage for HOSPICE Care does not include the following charges: nutritional services, including special means not included in the per diem; 35. (0) (6) emotional support services not routinely provided'by the HOSPICE agency and/or not included in the per diem; bereavement counseling sessions for eligible dependents covered under the PLAN not included in the per diem; funeral arrangements; pastoral counseling; and ?nancial or legal counseling. Coverage for Organ TRANSPLANT SURGERY does not include the following charges: (C) (5) Experimental treatment for new procedures, and treatments, services or supplies which are still considered experimental or investigational and not generally accepted by the medical profession. The judgment Whether a procedure, treatment, service or supply is experimental is based upon all of the relevant facts and circumstances, including, but not limited to: l. 5.11th Approval by the US. Food and Drug Administration, the American Medical Association or the appropriate Medical Specialty Society; Medical and scienti?c literature; Scienti?cally demonstrated health bene?ts; Safety and effectiveness compared to alternatives; and Safety, effectiveness and. bene?ts when used outside of a research setting; Any animal organ or mechanical equipment, mechanical device, or mechanical organ(s), except as provided. herein; Any" ?nancial consideration to the DONOR. other? than for a covered service or supply which is incurred in the performance. of er in relation- to TRANSPLANT and Transportation of a DONOR, except as provided herein. DEFINITIONS The following terms shall mean: A ?pre?existing condition? is a condition (whether physical or mental and regardless of the cause of the condition) for which medical advice, diagnosis, care or treatment was recommended or received within the 6 month period prior to an individual?s ?enrollment date.? Genetic information will not be treated as a condition in the absence of a diagnosis of. a speci?c condition. Pregnancy will not be treated as a pre- existing condition. ?Enrollment date? means the ?rst day of an individual?s coverage or, if there is a waiting period before an individual?s coverage becomes effective, the ?rst day of the waiting period; therefore, conditions ?rst diagnosed or treated during the waiting period will not be treated as pre?existing conditions. For an individual who enrolls during a special enrollment period (or as a late entrant), the enrollment date is the ?rst day of the individual?s coverage. ?Late entrant? means an individual who enrolls other than during the initial enrollment period or a Special enrollment period as provided. under the of. the PLAN. ?Creditable coverage? includes prior coverage under another group health plan, group or individual health insurance coverage issued by a state regulated insurer or an HMO, COBRA, Medicaid, Medicare, CHIP (Children?s Health Insurance Program), the Active Military Health Program, CHAMPUS, American Indian Health Care Programs, a State health bene?ts risk pool, the Federal Employees Health Plan, the Peace Corp Health Program, or a public health plan. FREE-EXISTING CONDITION EXCLUSION PERIOD Expenses for treatment of pre-existing conditions will not be covered for 6 months following an individual?s enrollment date. Once this exclusion period has been satis?ed, normal bene?ts will be payable. The pre-existing condition exclusion period will not apply to pregnancy (regardless of whether the woman had previous coverage) or to a newborn or adopted child under age 18 (or child placed for adoption under age 18) provided the child became covered under the PLAN or other creditable coverage within 31 days of birth or adoption (or adoptive placement) and provided they have not incurred a subsequent break in coverage of 63 consecutive days or more. The PLAN pre?existing condition exclusion period may be reduced by an equal period of any prior continuous health coverage (creditable coverage) as long as there is no break in coverage of 63 consecutive days or more. Individuals have a right to demonstrate prior health coverage to reduce the pre?existing condition exclusion period by providing Certi?cates of Creditable Coverage. This provision provides you and your dependents with supplemental bene?ts for HOSPITAL and medical expenses resulting from an ACCIDENTAL INJURY occurring While you are covered by this PLAN. Covered medical expenses directly related to the accident and incurred Within the ?rst ninety (90) calendar days of the date of the accident, are covered at 100% up to a maximum of $500. DEDUCTIBLE does not apply. If a COVERED PERSON who is scheduled for inpatient surgery in a HOSPITAL, has preoperative testing relating to this surgery performed within ten (10) days. prior to the scheduled surgery and the testing is performed at a PHYSICIAN's office, diagnostic laboratory, ambulatory surgery center or on a HOSPITAL outpatient: basis, the PLAN will pay pre?operative testing at 100% provided: 1. 2. 6. The charge for the surgery is a covered expense; The tests would have been covered had the patient been con?ned as a HOSPITAL inpatient; The tests are not repeated when the patient is con?ned for the surgery; The test results are a part of the patient?s medical record; The surgery is performed in a The service is identi?ed as pre?adrn'ission or preoperative testing. The DEDUCTIBLE (1065 not apply. Specialty Pharmacy provides convenient, dependable access to . medications for people living with complex health conditions. The programs and services focus on injectibles and medication therapies involving strict compliance requirements, special storage/handling/delivery, complex administration methods, and education /rnonit0ring/ ongoing support. These drugs are limited to a 30?day supply regardless if dispensed at a retail pharmacy or at mail service. The retail COINSURANCE will apply for specialty pharmacy medications regardless if the medication is obtained at retail or mail. . Certain classi?cations of specialty pharmacy medications will require prior authorization or approval before they will be covered by your PLAN. Drugs include the following, but are not limited to: I Asthma (Xolair) - Endometriosis (Lupron) a Growth Hormone De?ciency (Genotropin, Nutropin) Osteoarthritis Synvisc) Osteoporosis (Forteo) I Parkinson?s Disease (Apokyn) I Precocious Puberty (Lupron?Ped) 1? Prostate Cancer (Lupron, Viadur) A member may enroll in the Specialty Pharmacy Program by contacting the United HealthCare at 1-866- 429?8177. Direct Member Reimbursement There may be instances where you need to ?ll a prescription but are unable to have your claim processed through a network retail pharmacy due to situations such as an emergency situation, or a new member whose enrollment has not been processed. In these instances, you will be required to pay the full retail cost of the covered medication, and then ?le for reimbursement. You can receive reimbursement for covered prescriptions you?ve paid for under the PLAN by following these steps: I Pay the pharmacist the full amount of your prescription. Keep your receipt(s). 6? Obtain and complete a claim form available from the COSA Employee Bene?ts Of?ce. 0 Send your completed form and itemized receipts to the pharmacy benefit management vendor. Please note that the pharmacy bene?t management vendor will reimburse you according to the guidelines. Drug Utilization Alerts at Time of Purchase Phone Number 0 Fax Number, if available I Member ID number (from your card) 0 City of San Antonio Group Number: 712983 Age and Quantity Limitations Some medications are subject to age and quantity limits- Your prescription will be denied at time of purchase if it exceeds these limitations. Limitations are based on criteria developed with guidelines from various national medical agencies and in conjunction with the pharmacy bene?t management vendor?s clinical review process. Age Limitations Certain medications having an age limitation include but are not limited to, the following health conditions: a Topical Acne 0 Attention De?cit Hyperactivity Disorder (ADHD) - Narcolepsy If your prescription. is ?denied? due to age limitations, but you and your PHYSICIAN believe it is NECESSARY for you to take the medication to treat one of the. above conditions, you. may request a. clinical prior authorization. Refer to the previous section'titl'ed ?Prior Authorizations? for details. Quantity Limitations Certain medications having quantity limitations include but are not limited to, the following health conditions and medications: Impotency a Insomnia Migraine Butorphanol I Oral Antiemetics Di?ucan 150mg if your prescription is ?denied? due to quantity limitations, and you and your PHYSICIAN believe it is MEDICALLY NECESSARY for you to take a larger quantity of the medication, you may request a clinical prior authorization. Refer to the previous section titled ?Prior Authorizations? for details. Specialty Pharmacy Certain prescriptions require ?clinical prior authorization? or approval ?orn your Plan before they will be covered. The pharmacy benefit management vendor administers the clinical prior authorization process on behalf of the City of San Antonio. A Clinical Prior Authorization (CPA) can be initiated by you, your PHYSICIAN or Pharmacist by - calling 1?800?842?2038. To initiate a clinical prior authorization, the caller should have available the name of the medication, name, telephone number (and fax number, if available), member?s ID number, and the'UHC group number #712983. After the initial call is placed, the Clinical Services Representative obtains information and veri?es that COSA participates in a CPA program for the particular drug category. The Clinical Services Representative generates a drug speci?c form and faxes it to the prescribing PHYSICIAN. Once the fax form is received back into the Clinical Call Center, a pharmacist reviews the information and approves or denies the request based on established protocols. Determinations may take up to 48 hours from the pharmacy bene?t management vendor?s receipt of the completed form, not including weekends and holidays. If the prior authorization request is APPROVED, the pharmacy bene?t management vendor?s Clinical Service Representative contacts the person who initiated the request and enters an override into the pharmacy bene?t management vendor?s processing system for a limited period of time. The pharmacy will then proCess your prescription. If the prior authorization request is DENIED, the pharmacy bene?t management vendor?s Clinical Call Center pharmacist contacts the person who initiated the request and sends a- denial letter explaining the denial reason. This includes denials due to PHYSICIAN non-response. The letter will include instructions fOr appealing the denial. The categories/medications that require prior authorization include, but are not limited to: 0 Attention De?cit Hyperactivity Disorder (ADHD) 0 Narcolepsy Anabolic steroids (all forms) a Anti?Fungals Lamisil, Sporanox) Botulinum Toxins (Botox) - Contraceptives (for dependent children) I Crinone 8% The criteria for the Clinical PriOr Authorization programs are based on nationally recognized guidelines; FDA approved indications and accepted standards of practice. . Please have the information iisted below when initiating your request for a clinical prior authorization: I Name of your Medication Name II Off labeled drugs 0 Penlac Formulary Management A Formulary is a list of medications that have received FDA approval as safe and effective, and have been chosen for inclusion on the Formulary by a committee of PHYSICIANS and pharmacists from the Pharmacy Bene?t Management (PBM) vendor selected by the CITY to administer the prescription drug plan. The Formulary drug list can help the member and PHYSICIAN to maximize bene?ts while minimizing overall prescription drug costs to the member and the PLAN. The vendor committee evaluates clinical efficacy and safety of each drug and votes the drug into one of three categories: 0 Therapeutically Unique Clinical effectiveness of the drug is superior to existing drugs with an acceptable safety profile prompting automatic addition to the ormulary - Therapeutically'Equivalent Clinical effectiveness and safety profile are comparable to existing drugs 0 Therapeutically Inferior Clinical effectiveness of the drug is no greater than existing drugs and the safety pro?le is less favorable prompting automatic non-Formulaiy status Products classi?ed by the vendOr committee as therapeutically equivalent are further evaluated from an economic perspective to determine which. clinically appropriate drugs are most cost?effective for clients. The: vendor committee evaluation is based solely on clinical criteria. It is only after the vendor committee clinical assessment is made that the economics of the drug are considered. New FDA approved drugs that arrive on the market are automatically available to the members and are initially placed into the third tier (non-Formulary brand) except those excluded under the bene?t plan. Based on the vendor committee decision, the new drug may then be placed in the second tier (Formulary brand). Additions to the Formulary are made on a quarterly basis throughout the year with deletions most often occurring annually. Three?Tier Coinsurance Level Type of Medication Lowest Coinsurance Generic Tier 1 Medications classi?ed as generic Middle Coinsurance Preferred Brand Tier Preferred Brand medications on the 2 Formulary list with no generic available Highest Coinsurance Non?Preferred Non?preferred brands (not on Formulary Brand Tier 3 list). or brands with a generic available The most up?to-date Formulary guide is available on the pharmacy bene?t management vendor?s website. Note: Drugs listed on the Formulary may not be covered as they are subject to the City of San Antonio?s speci?c plan coverages, exclusions, and limitations. Prior Authorizations Drugs. used for cosmetic purposes, including but not limited to certain anti-fungals, hair loss treatments andthose used for pigmenting/depigmenting and reducing wrinkles Diabetic alcohol swabs Fluoride supplements Nutritional/Dietary Supplements Over?the?connter medications and other over the counter items Vitamins Miscellaneous medical supplies Anti?obesity drugs Smoking cessation medications Experimental 0r lnvestigational drugs or for drugs labeled ?Caution limited by federal law to Investigational use? Immunization agents, allergens, serums, blood or blood plasma Therapeutic devices or appliances, support garments or other non-medical appliances, except those listed as covered drugs Coverage for prescription drug products for an amount which exceeds the supply limit (days supply or quantity limit) Prescription drug products for any.- cond'ition, injury, sickness. or mental illness arising: out of, or in the course of, employment for which bene?ts are aVailable under any workers? compensation law or other similar laws Drugs purchased during time of no coverage Drugs for any treatment or condition which is listed under expenses not covered in the medical plan Charges to administer or inject any drug Prescription drugs that are not MEDICALLY NECESSARY Charges for delivering any drugs, except through the mail order bene?t. Express or over night delivery is at the member?s expense. Experimental or Investigational medications Prescription drugs purchased from an institutional pharmacy for use while the member is an in- patient in that institution regardless of the level?of?care Reimbursement for prescription drugs purchased outside of your prescription drug bene?t is subject to review under the Direct Member Reimbursement Process and reimbursement may be limited to contract rate less COINSURANCE Medication which is to be taken by or administered to an individual, in whole or in part, while he or she is a patient in a HOSPITAL, extended care facility, or similar institution which operates on its premises, or allows to be operated on its premises, a facility for dispensing pharmaceuticals. Obtaining Covered Prescriptions Out?of?Network All prescriptions ?lled at out? 20% coinsurance 40% coinsurance a?er 50% coinsurance of?network Pharmacies after out of network out of network medical after out of network medical medical DEDUCTIBLE DEDUCTIBLE Maximum Out?ofuPocket Bene?t COTNSURANCE paid toward prescription medications are included in the In-Network Pharmacy Out-of- Pocket Maximum under the group health care coverage. COINSURANCE amounts paid toward out~of~network prescriptions do not apply to the out?of?pocket maximum under the group health care coverage. The amount a member pays for any non?covered. drug will. not. be" included. in calculating the Annual Out? of?Poeket maximum. The member is responsible fer paying 100% of the cost" for any non-covered drug and the contracted rates will not be available. Covered Items The following. items are covered under the prescription program, unless speci?cally listed in the ?Exclusions and Limitations? section below. 0 Federal legend drugs (drugs that federal law prohibits dispensing without a prescription) 0 Compound prescriptions containing at least one legend ingredient Insulin and diabetic supplies such as disposable needles and syringes, blood test strips, and lancets and any other items mandated under Texas Insurance Code Topical acne agents through age 23 (over age 23, prior authorization required) 0 ADHD/Narcolepsy drugs through age 19 (over age 19, prior authorization required) 0 Oral contraceptives for EMPLOYEE or eligible spouse only 0 Only prescriptions which are prescribed for the condition for which they are labeled Exclusions and Limitations [See Chapter 7] Obtaining Covered Prescriptions Ill-Network Retail Pharmacy - Up to a 30-day Supply The retail network of. pharmacies is available for prescriptions you need right away or for a short time only (such as antibiotics). You can obtain up to a 30?day supply of medication ??om thousands of participating retail network pharmacies nationwide, including but not limited to Walgreen?s, HEB, Target and Walmart. A small number of medications are limited to a 30?day or less supply such as, but not limited to, Accutane or Peg-Intron. Mail Service Pharmacy Prescriptions for maintenance medications or chronic long?term health conditions can be ordered through mail order. Ordering through the mail is both a safe and easy way to receive prescriptions and save money. - To order, simply obtain a new prescription from your doctor for a 90-day supply. Then complete a mail order form and send it with your original prescription and appropriate COTNSURANCE payment to address indicated on the form. The order form provides important health, allergy and plan ID information and is available by contacting the COSA Bene?ts Of?ce, or from the COSA Bene?ts Home Page. Schedule of Pharmacy COINSURANCE Up to a 30~Day Supply at Network Participating 0% coinsurance 20% coinsurance 30% coinsurance Retail Pharmacies Three Month Supply at any Participating Retail 0% coinsurance 10% coinsurance 20% coinsurance Pharmacy Three Month Supply through the Mail Order 0% coinsurance 10% coinsurance 20% coinsurance . Facility (C) If a Participating Provider, including a facility or a specialist is not available 'to a COVERED PERSON Within the service area to provide MEDICALLY NECESSARY services covered'by the PLAN, the CLAIMS ADMJNISTRATOR, approves the coverage in advance. flaw. . PREFERRED PROVIDER NETWORK The City of San Antonio participates in a Preferred Provider Network of HOSPITALS, PHYSICIANS and other providers that are contracted to furnish, at negotiated costs, medical care for the CITY EMPLOYEES and their dependents. The use of a Preferred Provider may result in reduced out of pocket expenses to the COVERED PERSON. A current listing of the Preferred Provider Network contracting HOSPITALS, PHYSICIANS and other providers is available from the CLAIMS ADIVIINISTRATOR by phone or internet. A COVERED PERSON may choose any health care provider. - The CITY reserves the right to terminate or modify the Preferred Provider Network program, or any portion thereof, at any time. In the event the CITY changes the PPO provider, the CITY will ensure that the EMPLOYEES will not be substantially affected by a disruption of available in-network providers. The "In?Network Bene?t" leVel will be paid if a COVERED PER-SON receives services? from a Non"? Participating Provider only in the folIOWing situations: - 1. EMERGENCY SERVICES. 2. Court-Ordered Dependents. If your court?ordered Eligible Dependent lives outside the service I area, and no Out?of?Area Participating Providers are reasonably available to treat the Eligible Dependent. Contact the Employee Bene?ts Office for details. 3. Continuity of Care if Participating Provider Leaves the PPO Network. If. your Participating Provider leaves the PPO Network, a covered person may continue to see that Provider and receive PPO Bene?ts under ?Special circumstances.? - 4. ?Special circumstance? means a condition such that a covered person?s Participating Provider reasonably believes discontinuation of care could cause harm to that person, such as a Disability, an acute condition, a life?threatening illness or a pregnancy that is past the 24a1 week. If a COVERED Participating Provider makes such a request and special circumstances exist, Iii?Network Bene?ts will continue: In the case of a COVERED PERSON who is past the 24th week of pregnancy, through the delivery of the child, immediate postpartum care, and the follow-up checkup within the ?rst six (6) weeks of delivery; . In the case of other special circumstances, terminally ill), for 90 days; Certi?cation of ALL non-network admissions to a HOSPITAL including admissions for rehabilitation, treatment of mental or nervous condition, drug, alcohol or substance abuse and maternity is required prior to or on the day of admission as an inpatient. Emergency admissions must be veri?ed within forty-eight (48) hours following admissions. Certi?cation of all non?network outpatient surgery, performed in an ambulatory surgery center or HOSPITAL outpatient facility, is required prior to or on the day of the surgery. Emergency outpatient surgery must be certi?ed Within forty~eight (48) hours following the surgery. The COVERED PERSON is responsible for the certi?cation of hOSpital admission and outpatient surgery. If Pre?Certi?cation Authorization is not obtained the maximum bene?t paid for the doctor and HOSPITAL will be ?fty percent of the usual and customary charges. The ?fty percent not reimbursed by the PLAN will not count toward satisfaction of the Plan year out?of?pocket maximum. Pursuant to "State law, the PLAN will not?. restrict bene?ts for any HOSPITAL. length. of stay in cOnnection with a mastectomy or node dissection of less than 48' hours following a mastectomy or less than 24 hours following a node dissection or require that a'provider obtain authorization from the PLAN for prescribing a length or stay within the above periods. Certi?cation is required for a length of stay, which is in excess of the above periods. I Pursuant to State law, the PLAN will not restrict bene?ts for any of stay in connection with childbirth for the mother or newborn child of less than 48 hours following an uncomplicated vaginal delivery orless than 96 hours following an uncomplicated cesarean section, or require that a provider obtain authorization from the PLAN for prescribing a length of stay within the above periods. Certi?cation is required for a length of stay, which is in excess of the above periods. Drug Utilization Review (DUR) is an effective tool in monitoring drug use to assure that it is appropriate, safe, and effective. At the time of purchase, the pharmacy bene?t management?s vendor DUR program monitors claim submissions across all pharmacies and PHYSICIANS, compares each claim with the active prescriptions of individual members, and sends ?flags? back to the pharmacists should any drug utilization" alerts occur. The DUR system adheres to the National Council for Prescription Drug Products . DUR guidelines and monitors every prescription for numerous conditions. Examples of some of the DUR alerts are listed below. Drug/Drug Interaction A drug/drug interaction is a potentially harmful result that can occur when a patient is taking two or more drugs at the same time. The possible results of the interaction may include the increase or decrease in drug effectiveness or an increase in the adverse effects of one or both of the drugs. When these occur, the pharmacy bene?t management vendor?s system advises the dispensing pharmacist that the drug he/she is about to dispense may have a potentially harmful interaction with a drug the patient is currently taking. This allows the pharmacist to use professional judgment to intervene, if necessary, to prevent the patient from being harmed. Over Utilization The submission of prescription drug claims across all contracted. pharmacies is monitored. When a pharmacy claim request is received, the pharmacy bene?t management vendor?s system reviews each patient?s drug pro?le, searching for a previous prescription for the same drug or its generic equivalent. The system then applies any other parameters that have been defined to reject a claim if the request for the medication is being Submitted Sooner than the PLAN recognizes as appropriate. Therapeutic Duplication Monitoring Duplicate therapy monitoring informs the dispensing pharmacist that the newiy prescribed drug may duplicate the therapeutic effects of another drug already prescribed for the patient. This duplication can occur even when the two drugs are prescribed for different medical conditions. When a duplication of therapy is detected, the pharmacy bene?t manager will transmit information back to the dispensing pharmacist, including the name of the drug that is duplicating the therapy, for further evaluation and intervention. On inpatient hospital bills under $3,000.00 the PLAN will make a cash presentation to any who (1) detects a billing overcharge made by a HOSPITAL as a resultof an inpatient con?nement to any covered family member and (2) receives a billing adjustment and (3) the PLAN realizes a savings. Upon discharge from the HOSPITAL, simply review the bill. If there is any errorthe following areas: A Calculation Error A charge for service the patient did not receive. The patient received a service but not in the quantity indicated. Remember, take the original bill and obtain a corrected bill and present both to the CITY CLAIMS for review and detennination. The PLAN will pay the EMPLOYEE 25% of the savings or maximum of $500, Whichever is less. As an example, if an EMPLOYEE detects an incorrect charge of $1,200 and this is con?rmed, the EMPLOYEE will receive a check for 25% of the savings, or $3 00 from the PLAN. The COB provision is designed to correct over coverage which occurs when a person has health coverage for the same expenses under two (2) or more of the plans listed below. Should this type of duplication occur, the bene?ts under this PLAN will be coordinated with those of the other plans so that the total bene?ts from all plans will not exceed the expenses actually incurred. If a COVERED bene?ts under another health plan are reduced due to cost containment provisions, such as a second. surgical opinion, pre-certi?cation, HMO or preferred provider arrangements, the amount of the reduction shall not be considered as an allOwable expense under this PLAN. The bene?ts provided by the plans listed below are considered in determining duplication of coverage: 1. 2. This Plan; Any other group insurance or prepayment plan, Health Maintenance Organizations Blue Cross/Blue Shield; Any labor?management trusteed plan, union welfare plan, employer'o?rganization plan or employee bene?t organization plan; Any government plan or statute providing bene?ts for which COB is not prohibited by law. Order of Bene?t Determination Certain rules are used to determine which of the plans will pay bene?ts ?rst. This is done by using the ?rst of the following rules which applies: l. A plan with no COB provision will determine its bene?ts before a plan with a COB provision; A plan that covers a person other than as. a Dependent will determine itsbene?ts before a plan that covers such person as a Dependent; Any labor-management trusteed plan, union welfare plan, employer organization plan or employee bene?t organization plan will determine its bene?ts befOre this plan; When a claim is made for a dependent child who is covered by more than one (1) plan: the bene?ts of the plan of the parent whose birthday falls earlier in the year will be determined before the bene?ts of the plan of the parent whose birthday falls later in that year; but if both parents have the same birthday, the bene?ts of the plan which covered the parent longer will be determined before those of the plan which covered the other parent for a Shorter period of time. This method of determining the order of bene?ts: will be referred to as the "Birthday Rule." The Birthday Rule will be used to determine the order of bene?ts for dependent children in all cases except those described below. . . - if the other plan does not have the Birthday Rule, then the plan which covers the child as a dependent of the male parent will pay its bene?ts ?rst. if the parents are legally separated or divorced, bene?ts for the child will be determined in this order: ?rst, the plan of the parent with custody of the child will pay its bene?ts; (ii) then, the plan of the Spouse of the parent with custody of the child will pay its bene?ts; and ?nally, the plan of the parent not having custody of the child will pay its bene?ts. However, if there is a court decree stating which parent is responsible for the health care expenses of the child, then a plan c0vering the child as a dependent of that parent will determine its bene?ts before any other plan. 5 . A plan that covers a person as: a laid 'ot?f employee; or a retired employee; or a dependent of such employee; will determine its bene?ts after the plan that does not cover such person as: a laidoff employee; or a retired employee; or a dependent of such employee. If one of the plans does not have this rule, and if, as a result, the plans do not agree on the order of bene?ts, this rule will not apply; 6. If one of the above rules establishes the order of payment, a plan under which the person has been covered for the longer time will determine its bene?ts before a plan covering that person for a shorter time. Two successive plans of the same group will be considered one plan if the person was eligible for coverage under the new plan within twenty-four (24) hours after the old plan terminated. A change in the amount or scope of bene?ts, or a change in the carrier, or a change from one type of plan to another single employer plan to multiple employer plan) will not constitute the start of a new plan. When the COB provision reduces the bene?ts payable under this Plan: each bene?t will be reduced proportionately; and only the reduced amount will be charged against any bene?t limits under the Plan. The COB provision is applied throughout the. CALENDAR YEAR. If there is any reduction of the bene?ts provided under a speci?c Bene?t Provision of this PLAN because of duplicate coverage, similar bene?ts may be a payable later in that year if more ALLOWABLE EXPENSES are incurred underthe same Bene?t Provision of this PLAN because of duplicate coverage, similar bene?ts may be payable later in that year if more ALLOWABLE EXPENSES are incurred under the same Bene?t Provision. means any necessary, usual and customary item of expense at least part of which is covered under at least one of the plans covering the person for who claim is made or service provided, in no event will ALLOWABLE EXPENSE include the difference between the cost of a private HOSPITAL room and a semi-private HOSPITAL room unless the patient's stay in a private HOSPITAL room is MEDICALLY NECESSARY. Bene?ts under a governmental plan will be taken into consideration without expanding the de?nition of beyond the HOSPITAL, medical and surgical bene?ts as may be provided by such governmental plan. When a plan provides bene?ts in the form of services rather than cash payments, the reasonable cash value of each service rendered will be deemed to be both an ALLOWABLE EXPENSE and a bene?t paid. - The PLAN has the right to release to, or obtain from, any other organization or- person any information necessary fer the adininiStration of this provision and to pay to any 'organizatiOn any amounts necessary to satis?i the intent of this provision. Ifthe PLAN has paid any amounts in excess of those necessary to satisfy the intent of this provision, it has the right to recover such encess from the person, to or for whom, such payments were made or from an insurance company or organization. When you claim bene?ts under the PLAN, you must furnish information about OTHER COVERAGE, which may be involved in applying this coordination provision. A payment made under another Plan may include an amount which should have been paid under this PLAN. If it does, the CLAIMS ADMINISTRATOR may pay that amount to the organization which made that payment. That amount will then be treated as though it were a bene?t paid under this PLAN. The CLAIMS ADMINISTRATOR will not have to pay that amount again. The term "payment made" includes providing bene?ts in the form of services, in which case "payment made" means reasonable cash value of the bene?ts provided in the form of services. Compliance with Cost Containment Health Plan Provisions If the COVERED bene?ts are reduced by a health plan that has cost containment provisions, such as a second surgical opinion, HMO, pre?certi?cation or preferred provider arrangements, the amount of such reduction shall not be an ALLOWABLE EXPENSE. PROVISION FOR SUBROGATION AND RIGHT RECOVERY A third party may be liable or legally responsible for expenses incurred by a COVERED PERSON for an illness or a bodily injury. Bene?ts may also be payable under the PLAN for such expenses. When this happens, the PLAN may, at its option: 1.- Take over the COVERED right to receive payment of the bene?ts from the third party. The COVERED PERSON will: transfer to the PLAN any ri he may have to take 1e 31 action a ainst the third party with respect to bene?ts paid by the PLAN which are subject to this provision; and - cooperate with. the. PLAN in asserting its right to subro'gate. This means the COVERED PERSON mast supply the PLAN With all information and sign and return all documents reasonably necessary to carry out the right to recover ?'om the third party any bene?ts paid under the PLAN which are subject to this provision. 2. Recover from the COVERED PERSON any bene?ts paid under the PLAN which the COVERED PERSON is entitled to receive from the third parW. 'The PLAN will have a ?rst lien upon any recovery, whether by settlement, judgment or otherwise, that the COVERED PERSON received from: the third party; or the third party's insurer or guarantor; or the COVERED uninsured motorist insurance. This lien will be for the amount of bene?ts paid by the PLAN for the treatment of illness or bodily injury for which the third party is liable or legally responsible. If the COVERED PERSON: (21) makes any recovery as set forth in this provision; and fails to reimburse the PLAN fully for any bene?ts paid under this provision; then he will be personally liable to the PLAN to the extent of such recovery up to the amount of the ?rst lien. The COVERED PERSON must cooperate fully with the PLAN in asserting its right to recover. 1. Proof of Loss Written proof of loss must be furnished to the CLAIMS ADMINISTRATOR within one (1) year after the month such loss was incurred. Failure to furnish proof within the time required shall not invalidate or reduce any claim if it was not reasonably possible to give proof within such time, provided proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity of the COVERED PERSON, later than one (1) year from the month care, treatment, service or supply was first provided. for the illness or injury. 2. Legal Actions No action at law or in equity shall be brought to recover on the PLAN unless the EMPLOYEE or retiree has exhausted administrative remedies provided in the review and appeal process in Chapter 19. 3. Examination The CLAIMS ADMINISTRATOR shall have the right and opportunity to have the COVERED PERSON examined whose injury or illness is the basis of a. claim when and so often as it may reasonably require during pendency of a claim. 4. Conformity with Federal Statutes Any provision of this PLAN, which on its EFFECTIVE DATE is in con?ict with federal statutes, is hereby amended to conform to the minimum requirements of Such federal statutes. 5. . Choice of PHYSICIAN The COVERED PERSON shall have free choice of any PHYSICIAN, as defined in this PLAN, practicing legally. Benefits may vary depending on the PHYSICIANS participation in the City's Preferred Provider Network. 6. Entire Contract The PLAN DOCUMENT constitutes the entire contract of coverage between the PLAN SPONSOR and the COVERED PERSON. 7. Effect of Changes All changes to the PLAN shall become effective as of a date established by the PLA ADMINISTRATOR, except that: N0 increase or reduction in bene?ts shall be effective with respect to covered expenses incurred prior to the date a change was adopted by the PLAN SPONSOR, regardless of the effective date of the change; and 8. Written Netice Any written notice required under the PLAN shall be deemed received by a COVERED PERSON sent by regular mail, postage prepaid, to the last address of the COVERED PERSON on the records of the EMPLOYER. 9. Clerical Errors/Delay Clerical errors made on the records of the PLAN SPONSOR, PLAN ADMINISTRATOR or CLAIMS ADMINISTRATOR and delays in making entries on records shall" not invalidate covered. or cause coverage to be in force or to continue in force. Rather, the EFFECTIVE DATES of coverage shall be determined solely in accordance with the provisions of the PLAN regardless of whether any contributions with respect to COVERED PERSONS have been made or haVe failed to be made because of such errors or delays. Upon discovery of an error or delay, an equitable adjustment of any contributions will be made. 1 0. Workers' Compensation The PLAN is not in lieu of and does not affect any requirement for coverage by Workers' Compensation insurance. 11.. Statements- Not Representations Statements made by or on behalf of any person to obtain coverage under the PLAN shall be deemed representations and not warranties. Mis'staternents on Enrollment or Claim Form If any relevant material fact has been misstated by or on behalf of any person to obtain coverage under the PLAN, the true fact shall be used to determine whether coverage is in force and the extent, if any, of coverage. Upon the discovery of any misstatement, an equitable adjustment of any bene?t payments will be made. Time Limit for Misstatement No misstatement made to obtain coverage under the PLAN will be used to void the coverage of any person which has been in force for a period of two (2) years or to deny a claim for a loss incurred or disability commencing alter the expiration of the. two (2) year period. The provisions of this paragraph shall not apply if any misstatement has been made fraudulently. Use of Statements NO statement made by or on behalf of any person will be used in any context unless a copy of the written instrument containing the statement has been. or is furnished to any person or to any person claiming a right to receive bene?ts with respect to the person. 12. Identi?cation Cards Identi?cation eard(s) will be issued, which indicate coverage by the City of San Antonio Health Bene?ts Program. Upon request, the CLAIMS ADMINISTRATOR or the City's Employee Bene?ts Of?ce will verify coverage of COVERED PERSONS. Identi?cation cards will be for identi?cation of COVERED PERSONS only and do not constitute a guarantee of coverage. 13. Protection Against Creditors No bene?t payment under this PLAN shall be subject in any way to alienation, sale, transfer, pledge, attachment, garnishment, execution or encumbrance of any kind, and any attempt to accomplish same shall be void. If the CITY ?nds that such an attempt has been made with respect to any payment due or to become due to any covered person, the CITY in its sole discretion may terminate the interest of such COVERED PERSON or former COVERED PERSON in such payment. And in such case the CITY shall apply the amount of such payment to or for the bene?t of such COVERED PERSON or former COVERED PERSON, his/her spouse, parent, adult child, guardian or a miner child, brother or sister, or other relative of a dependent of such COVERED PERSON or former COVERED PERSON, as the CITY may deter-mine, and any such application shall be a complete discharge of all liability with respect to such bene?t payment. HoweVer, at the discretion of the CITY, bene?t payments may be assigned to health care providers. - Claim Filing (C) Medical claims (doctor's visits, prescription drugs, exams, HOSPITAL, etc.) shall be ?led on a claim form available from the Employee Bene?ts Of?ce or CLAIMS ADMINISTRATOR. The claim for-m shall include medical bills (itemized only) and the explanation of bene?t statement (EOB) from other health insurance policies, if any. The bill should contain the following: the official letterhead of the HOSPITAL, doctor, clinic, pharmacy, etc. including address, phone number and tax (ii) type of service; date of service received; (iv) amount charged;- name of patient; and (vi) diagnosis. Only one (1) detailed claim form must be completed per person per year, even for different claims and/or diagnoses. Any additional claims throughout the year may be ?led. on a short claim form available through the Employee Bene?ts Of?ce. If a claim is for an ACCIDENTAL INJURY, then a detailed claim form must be completed for each accident occurrence. All items on the front of the claim form must be completed. The blocked section regarding secondary insurance coverage must be completed. The original claim form with the attached bills shall be mailed to the City's CLAIMS ADMINISTRATOR. Limitation of Liability The PLAN SPONSOR shall not be obligated to pay any bene?ts under the PLAN for any claim that is not timely filed. 3. Time of Claims Processing Bene?ts for incurred medical expenses which are covered under the PLAN will be processed immediately upon receipt of proper written proof of loss by the CLAIMS ADMINISTRATOR. Any bene?ts payable will be made within twenty (20) working days. Periodic Payment: Payment of accrued periodic payments for continuing losses which are covered under the PLAN will be made immediately upon receipt of proper proof of loss by the CLAIMS ADMINISTRATOR and at the applicable time period. 4. Payment of Bene?ts All bene?ts under the PLAN are payable to the Covered EMPLOYEE whose illness or injury or whose covered dependent's illness or injury is the basis of. a claim. In the event of the death or incapacity of a Covered EMPLOYEE and in the absence of written. evidence to the PLAN of the quali?cation of a guardian for his estate, the PLAN may, in its. sole discretion, make any and all payments to the individual or institution which, in the opinion of the PLAN ADMINISTRATOR, is or was providing the care and support of the EMPLOYEE. Bene?ts for medical expenses covered under the PLAN may be assigned by a Covered EMPLOYEE to the person or institution rendering the services for which the expenses were incurred. No assignment Will bind the PLAN SPONSOR unless it is in writing and unless it has been received by the CLAMS ADMINISTRATOR prior to the payment of the bene?t assigned. The CLAIMS ADMINISTRATOR will not be responsible for determining whether any assignment is valid. Payment of bene?ts which have been assigned will be made directly to the assignee unless a written request not to honor the assignment signed by the Covered EMPLOYEE and the assignee has been received before the proof of loss is submitted. . 5. Discharge of Liability Any payment made in accordance with the provisions of this section will ?illy discharge the liability of the PLAN SPONSOR to the extent of payment. 6. Recovery of Payments Ifthe following circumstances apply, the PLAN SPONSOR reserves the right to deduct from any bene?ts properly payable under the PLAN or recover from the Covered EMPLOYEE or assignee who received the payment: the amount of any payment which has been made in error; or pursuant to a misstatement contained in a proof of loss; or pursuant to a misstatement made to obtain coverage under the PLAN Within two (2) years after the date coverage commences. REVIEW PROCESS FOR DISPUTED CLAIMS The review process for disputed claims shall include the following: 1. The EMPLOYEE or Retiree may request a review by writing the CLAIMS ADMINISTRATOR and stating the basis for the disputed claim. This request must be made within ninety (90) calendar days after the receipt ofthe original explanation of bene?ts. Upon receipt of the request, the claim will be reviewed by the CLAIMS ADMINISTRATOR who will either affirm the original claim determination in writing, pay the disputed claim amount, or request additional information necessary to make a determination. The CLAIMS decision will be sent within thirty (30) calendar days to the EMPLOYEE or Retiree along with supporting documentation setting out the basis on which the decision is made. Either the or the CLAIMS ADMINISTRATOR may request a review by Claims Review Committee in accordance with paragraph six (6) below. The Employee/Retiree's request must be made within ?fteen (15) calendar days after the CLAIMS decision is mailed. A review may be made within ?fteen (15) calendar days by a Claims Review Committee upon the request of the PLAN ADMINISTRATOR only if new claims information is provided. by the EMPLOYEE or Retiree which was not considered before by the CLAIMS ADMINISTRATOR. The Committee shall consist of the PLAN a representative of the CLAIMS ADMINISTRATOR who was not directly involved in processing the initial claim, and an independent licensed medical reviewer of the CLAIMS ADMINISTRATOR. The decision of the Committee will made within ?fteen (15) calendar days, mailed to the and will be deemed final and binding. APPENDIX A Speci?c Provisions Applicable to Police Active Employees effective October 1, 2009 (Cadets are covered under the Flex Plan Document as those provisions apply to Non?Uniform City Employees) I SCHEDULE OF BENEFITS 1. Medical Bene?ts DEDUCTIBLE Maximum per individual per CALENDAR YEAR. . . .. $250 in network/$500 out of network Maximum per family per CALENDAR $500 in out of network. COINSURANCE in of network Oat?of?pocket maximum (does not include DEDUCTIBLE) Maximum per individual per CALENDAR YEAR .. $600 ,200 out-of-network Maximum per family per CALENDAR YEAR in?network cumulative Maximum per family per CALENDAR YEARout?of?network cumulative - No DEDUCTIBLE Supplemental accident bene?ts .. 100% up to $500 before any DEDUCTIBLE and coinsurance apply All age appropriate immunizations recommended by a PHYSICIAN for for EMPLOYEES and Covered Dependents (other services provided at the same time as the immunizations, including, but not limited to, of?ce visit charges will be subject to the DEDUCTIBLES and COINSURANCE) in ..100% out of network LIFETIME MAXIMUM per individual (medical) .. $1,500,000 2. Prescription Bene?ts Prescription Drug Bene?ts effective October 1, 2009 In Network Phannacy* using prescription drug program: Participant COINSURANCE Retail 30 day supply (Full pharmacy bene?t management vendor?s Network) Generic $0 Brand (preferred) 20% Brand (non?preferred) 30% Retail 90 day supply Generic $0 Brand (preferred) 10% Brand (non?preferred) 20% Mail Order 90 day supply Generic $0 Brand (preferred) 10% Brand (non?preferred) 20% Out of Network Pharmacy or without utilization of prescription drug program Participant COIN SURANCE Retail 30 day supply Generic 20% after CitiMed DEDUCTIBLEM Brand (preferred) 40% after CitiMed Brand (non-preferred) 50% after CitiMed Retail 90 day supply Generic . 20% after CitiMed Brand (preferred) 40% after Citilvled Brand (non?preferred) 50% after CitilVled Mail Order 90?day supply Generic 20% after CitiMed Brand (preferred) 40% after CitiMed Brand (non~preferred) 50% after CitiMed *Out of Area Bene?t Participants who live over 30 miles from a participating network pharmacy may submit Out of Network Pharmacy charges for reimbursement at a plan coverage and benefit level. **This DEDUCTIBLE is not an additional DEDUCTIBLE. Out of network COINSURANCE does not apply to annual out of pocket. In Network Pharmacy separate out of pocket maximum per CALENDAR YEAR. ..$150 individual/ $3 00 family, cumulative The following provisions apply to the Police Active Employees as stated herein: 1. Review and Appeal Process. The review and appeal process in Chapter 19 shall not be construed to supersede, and is in addition to, any grievance procedure set forth. in the Collective Bargaining Agreements between the CITY and the San Antonio Police Of?cers' Association, in regard to Police." 2. Amendment or Termination of Plan The CITY may amend the provisions of this PLAN, from time to time, as the need arises in order to assure the fair and equitable administration of Benefits to be provided eligible EMPLOYEES in compliance with the terms of the respective Collective Bargaining Agreements. The CITY may terminate the provisions of. the PLAN only during negotiations over the terms to be contained in Collective Bargaining Agreements with the San Antonio Police Of?cers? Association, in regard to Police Officers," for any period covered by a Collective Bar-gaining. Agreement. Nothing in the Document or any related Bargaining Agreements between the CITY and the Bargaining Agents of the Police Of?cers is intended to imply vesting or irrevocable Bene?ts for current, active POLICE OFFICERS beyond the provisions of the 2009?2014 Collective Bargaining Agreement between the CITY and the San Antonio Police Officers? Association, in regard to POLICE OFFICERS. Termination, continuance, alteration, or any related activity on the PLAN will be determined by the provisions of future Collective. Bargaining- Agreements between. the CITY and the San Antonio Police Of?cers' Association, in regard to POLICE OFFICERS. 3. Covered Medical Expenses Chapter 5, Covered Medical Expenses, item 19, Preventive services effective October 1, 2009 for Uniformed Police Officers: I One routine pap smear (doctor's procedure charge, lab expenses and of?ce visit) per CALENDAR YEAR for female COVERED will be covered at 100%, DEDUCTIBLE waived; One routine mammogram per CALENDAR YEAR for female COVERED PERSONS age thirty-five (35) and over will be covered at l. 00%, DEDUCTIBLE waived. One (1) routine physical examination per CALENDAR YEAR for an eligible EMPLOYEE and covered dependent over the age of 2 is covered. 1) The Plan will cover 100% of the cost of the exam by a licensed PHYSICIAN to a maximum bene?t of $3 00 per calendar year per Employee and. $300 per year per covered dependent. 2) If performed at the Occupational Health Clinic the Plan will cover a complete blood count, cholesterol and glucose screening; blood pressure cheek; height and weight evaluation; and a health assessment questionnaire at 100%. A physical examination for the detection of prostate cancer and prostate-speci?c Antigen test used for the detection of prostate cancer will be covered at 100%, DEDUCTIBLE waived for each male enrolled in the Plan who is; . l) at least 50 years of age and or 2) at least 40 years of age with a family history of prostate cancer or another prostate cancer risk factor. Well baby and children?s routine services for covered dependents Birth to age two (2) will be covered at 100% DEDUCTIBLE waived. Chapter 5, Item 20 Immunizations effective October 1, 2009 for Uniformed Police Of?cers: Expenses for all age appropriate immunizations recommended by a PHYSICIAN are covered at 100%, DEDUCTIBLE waived, through an iIl-IlelIWOI?k provider and subject to deductible and 60% COINSURANCE for out of network providers. Other services provided at the same time as the immunizations, including, but not limited to, of?ce visit charges, shall be subject to the DEDUCTIBLE and COINSURANCE and/or Child Wellness bene?ts as apprOpriate. Synagis (Palivizumab) administration for the prevention of respiratory Virus (RSV) - among high risk infants meeting prescribing criteria set forth by American Academy of Pediatrics (AAP) will be covered at 100%, only if such treatment is determined to be MEDICALLY NECESSARY and prior authorization obtained on or before administration of the ?rst injection. 4. Limitations The following limitations are included. in Chapter 6, Limitations, for? the Uniformed. Police Of?cers effective October 1., 2009: Chiropractic Care Services are limited to in?network coverage as listed in the Schedule of Bene?ts. Out of network chiropractic services are not covered under this plan. Invitro Fertilization is limited to six (6) attempts per lifetime per covered female effective October 1, 2009, subject to DEDUCTIBLES and percentage rate listed in the Schedule of Bene?ts. An attempt is each placement of fertilized embryos in female COVERED PERSONS. ATTACHMENT 7 Texas Civil Statutes Annotated Article 6243q ARTICLE 1. GENERAL PROVISIONS Purpose Sec. 1.01. Because of the lasting health consequences associated with the stressful nature of the professions of ?re?ghting and law enforcement, the purpose of a fund established by this Act is to provide health care bene?ts for persons who retired on or after October 1, 1989, ?om a municipal ?re or police department to which this Act applies. De?nitions Sec. 1.02. In this Act: (1) "Actuary" means an actuary selected by the board to conduct an actuarial study who is a Fellow of the Society of Actuaries, a Fellow of the Conference of Consulting Actuaries, or a member of the American Academy of Actuaries. "Annual member payroll" means the amount computed on the ?rst payroll date in.June of the applicable ?scal year that equals the product of the base pay plus additional compensation for employment longevity paid to all members for services rendered multiplied by the total. number Of?payroll dates in the" ?scal year. "Average member salary" means the amount computed on the ?rst payroll date in June of the applicable ?scal year that equals the quotient of the annual member payroll for the ?scal year divided by the number (if members. (2) "Board" means the board of trustees of a fund established under Section 1.04 of this Act. (3) "Bene?ciary" means a retiree, or the spouse or other eligible dependent of a retiree, who is entitled to receive retiree health bene?ts under Section 5.01(a) of this Act. (4) "Collective bargaining agreements" means the collectively bargained agreements in effect on January 1, 2004, between a municipality to which this Act applies and the exclusive bargaining agents of the ?re?ghters and police of?cers of the municipality under Chapter 174, Local Government Code. "Master contract document" means the master contract in effect on January I, 2004, containing the terms and conditions of the health and medical bene?ts plan established under the collective bargaining agreements. "Member" means a ?re?ghter or police of?cer, except as provided by Section 4.011 of this Act. 144 "Payroll date" means the date every other week on which a municipality to which this Act applies pays regular compensation to members. "Pension act" means Chapter 824, Acts of the 73rd Legislature, Regular Session, 1993 (Article 62430, Vernon's Texas Civil Statutes). "Pension fund" means the ?re?ghters' and police of?cers' pension ?md of a municipality to which the pension act applies. (5) "Fire?ghter" means an employee of the ?re department who is classi?ed as a ?re?ghter by the personnel department of a municipality to which this Act applies. (6) "Fund" means the ?re?ghter's and police of?cer's retiree health care fund of a municipality to which this Act applies. (7) "Police of?cer" means an. employee of the police department who is classi?ed as a police of?cer by the personnel department of a municipality to which this Act applies. (8) "Retiree" means an individual who was a ?re?ghter or police of?cer whose retirement date is after September 30, 1989. (10) "Years of service" means the number of full years beginning on the date the ?re?ghter or police of?cer becomes a member of the fund until the date the ?re?ghter or police of?cer retires or otherwise terminates employment as a ?re?ghter or police of?cer less any service credit for the amount of time the member is engaged in active service with. any uniformed service of'the United States that the member does not purchase in accordance with Section 4.023 of this Act. "Retiree health plan" means the group family health planfor retirees and other bene?ciaries established by the collective bargaining agreements and the master contract document. (9) "Trustee" means a member. of the board. Sec. 1.03. APPLICABILITY. This Act applies to a paid ?re and police department of a municipality with a population of 1,140,000 or more but less than 1,180,000. Fund; Statutory Trust Sec. 1.04. The ?re?ghters' and police of?cers? retiree health care fund is established for each municipality to which this Act applies. The fund is a statutory trust and is not a subdivision of government. The board shall administer and hold in trust the assets of the fund for the exclusive bene?t of the bene?ciaries of the fund. The board may pay from the ?md reasonable administrative expenses incurred in administering the fund. The fund may not be diverted, transferred, or used for any other purpose inconsistent with i this Act and with the governing the fund. 145 A public or private agency, entity, or authority may not alter or impair any contract made by the board or under the authority or direction of the board. Exemptions Sec. 1.05. The health bene?ts paid or payable by the ?md are exempt from garnishment, assignment, attachment, judgments, other legal processes, and inheritance or other taxes established by this state. ARTICLE 2. ADMINISTRATIVE PROVISIONS Board of Trustees Sec. 2.01. The ?re?ghters' and police of?cers? retiree health care fund of a municipality is governed by a board of trustees consisting of the following nine members: (1) the mayor of the municipality or the mayor's designee; (2) two members of the municipal governing body, appointed by that governing body;- (3) two members of the fund who are ?re?ghters below the rank of ?re chief, elected by secret ballot by a majority of the votes cast by the members of the fund who are ?re?ghters; (4) two members of the fund who are police of?cers below the rank of police chief, elected. by secret ballot, by a majority of the. votes cast by the members of the fund who are police of?cers; (5) a retiree representative of the ?re department, elected by secret ballot by a majority of the votes cast by the retirees of the ?re department who are bene?ciaries of the fund and the surviving spouses of deceased ?re?ghters who are bene?ciaries of the fund; and (6) a retiree representative of the police department, elected by secret ballot by a majority of the votes cast by the retirees of the police department who are bene?ciaries of the fund and the surviving spouses of deceased police officers who are bene?ciaries of the fund. The board, through its secretary, shall administer the required elections of the members and retiree trustees. The board shall hold a runoff election between the two candidates receiving the most votes if no candidate receives a majority of the votes cast for a trustee position. On the executive director's certi?cation that a candidate for trustee is eligible for of?ce and is unopposed for election, the board shall certify the candidate as elected to the board. (0) The fund is independent of the control of the municipality. Terms of Trustees Sec. 2.02. Subject to Subsection (21-1) the mayor of the municipality or the mayor's designee, serves on the board for the term of the mayor's of?ce. The mayor may remove and replace the mayor's designee at the mayor's discretion. 146 The two members of the municipal governing body serve on the board for the term of the of?ce to which they were elected. The two members of the fund Who are ?re?ghters below the rank of ?re chief serve on the board for staggered four?year terms, with one member's term expiring every two years. The two members of the fund who are police of?cers below the rank of police chief serve on the board for staggered four-year terms, with one member's term expiring every two years. The retiree representatives serve on the board for staggered four?year terms, with one member's term expiring every two years. Resignation or Removal of Trustees Sec. 2.03. A trustee. who is a retiree or a member of the fund may resign or may be removed by a vote of the group eligible to elect the trustee. A petition for removal under'this' section must be ?led with the board within 45 days after the date the ?rst signature on the petition was obtained. A signature is not valid if it is not dated. A removal election must be held within 90 days after the date the board certi?es that a proper petition for a removal election has been signedrby at least 20 percent of the persons eligible to vote to elect the trustee. A trustee's term of service ends on the entry of an order by the board declaring that. amajority of the votes cast ina- removal election under this. section favor removal. On the date the board enters an order under Subsection (0) of this section, the board shall call a special election to be held not less than 20 and not more than 30 days after that date to ?ll the vacancy for the unexpired term of the trustee who was removed. The trustee who was removed is not eligible to run in the special election but is eligible to run in all subsequent elections in which the person is otherwise eligible to run. Of?cers Sec. 2.04. The board shall elect a chair, a vice chair, and a secretary from among the trustees. The board in its discretion may elect other of?cers of the board. An of?cer may be, but is not required to be, a trustee. Employees Sec. 2.05. The board may employ an executive director and staff to administer the fund. Meetings; Quorum Sec. 2.06. The board shall hold regular meetings and special meetings at the call of the chair or on written demand by a majority of the trustees. 147 mam, . Five trustees constitute a quorum. The board may act with the consent of a majority of the trustees who are present at a board meeting at which a quorum is present. Board Committees Sec. 2.07. The chair of the board may appoint committees that report to the board. Only trustees may be appointed to a committee under this section. (0) A committee must be composed of not fewer than three and not more than four trustees, except as otherwise speci?cally provided by the board. Only members of a committee may vote as committee members. The board may direct staff and advisors to assist the committees. All trustees may attend committee meetings. Members of a committee serve at the pleasure of the board. Permanent or standing committees may be appointed. ARTICLE 3. GENERAL POWERS AND DUTIES General Powers and Duties of Beard Sec. 3.01. The board has complete authority and power to: administer the fund for the exclusive bene?t of the-beneficiaries of the fund; (2) order payments from the fund; - (3) independently control the fund; and (4) conduct all litigation on behalf of the fund. The board may contract with a municipality or other entity to receive the following services: (1) the administration of bene?t claims of bene?ciaries, including payment of claims from money the fund; (2) the administration of the board's administrative expenses, including payment of the expenses from money in the fund as approved in advance by the board; and (3) other administrative services approved by the board. The board shall adopt rules necessary for the board's effective operation, including rules relating to: 148 (1) the disbursement of the fund?s assets; and (2) the name of the board and the fund. The board shall take any action necessary to ensure that contributions to the fund and bene?ts received from the fund are exempt ?om federal taxes and excluded from a bene?ciary's taxable income. The board shall report annually to the governing body of the municipality regarding the condition of the fund and the receipts and disbursements of the fund. The board has ?ill discretion and authority to administer the fund and the retiree health plan, construe and interpret this Act and the retiree health plan, correct any defect or omission, reconcile any inconsistency, and perform all other acts necessary to carry out the purpose of this Act and the retiree health plan and administer this Act and the retiree health plan fer the greatest bene?t of all members in a manner and to the extent that the board considers expedient. A gathering of any number of trustees to investigate, research, or review prospective or current investments or otherwise attend to the trustees' ?duciary responsibilities, without formal action by the trustees, is not a deliberation or meeting under Chapter 551, Government Code, and is not required to be open to the public. The trustees of the fund are immune from liability for any action taken or omission made in good faith in the performance of their duties for the fund. Information contained in a record that is in the custody of the fund concerning a member, former member, retiree, deceased retiree, bene?ciary, or alternate payee is con?dential under Chapter 552, Government Code. The information may not be disclosed in a form that identifies a speci?c individual, unless the information is disclosed: (1) to the individual; (2) t0 the individual?s spouse, attorney, guardian, executor, administrator, or conservator, or to another person the executive director or the executive director's designee determines from written documentation to be acting in the interest of the individual or the individual's estate; (3) to a person authorized by the individual in Writing to receive the information; (4.) to a govermnent of?cial or employee seeking the information in order to perform the duties of the of?cial or employee; or (5) under a subpoena. Subsection of this section does not prevent the disclosure of the status or identity of. an individual as a member, former member, retiree, deceased member, deceased retiree, bene?ciary, or alternate payee of the fund. 149 A determination and disclosure under Subsection of this section does not require notice to the member, retiree, bene?ciary, or alternate payee. Authority of Municipality Sec. 3.02. The municipality has the authority and power to: (1) contract with the board, as described in Section 3.0l(b) of this Act; (2) provide services through a subcontractor in a contract under Section 3.01(b) of this Act; (3) take any action necessary to ensure that contributions to the fund and bene?ts received from the fund are exempt from federal taxes and excluded from a bene?ciary's taxable income; and (4) control the internal functions of the municipality relating to the municipality's interactions with or activities on behalf of the fund. Sec. 3.03. Repealed by Acts 1999, 76th Leg, ch. 52, Sec. 24(b), eff. Oct. 1, 1999. insurance Sec. 3.04. The board may use fund assets to purchase insurance from any insurer licensed to do business in this state that provides for reimbursement of the ?nd and any trustee, of?cer, or employee of the fund for: liability imposed or damages incurred because of an alleged act, error, or omission committed in the capacity of a ?duciary, of?cer, or employee; and (2) costs and expenses incurred in defense of a claim for an alleged act, error, or omission. The board may not purchase insurance for reimbursement of a trustee, of?cer, or employee of the fund for liability imposed on the trustee, of?cer, or employee because of the person's dishonesty, fraud, lack of good faith, or intentional failure to act prudently. Indemnity Sec. 3.05. If insurance purchased by the board under Section 3.04 of this Act is unavailable, insuf?cient, inadequate, or otherwise not in effect, the board may indemnify a trustee, officer, or employee of the fund for liability imposed as damages because of an alleged act, error, or omission committed by the person in the capacity of a ?duciary, of?cer, or employee and for reasonable costs and expenses incurred in defense of a claim of an alleged act, error, or omission. The board may not indemnify a trustee, of?cer, or employee of the fund for liability or expenses incurred because of the person's personal dishonesty, fraud, lack of good faith, or intentional failure to act prudently. A trustee may not vote on a matter of the trustee's own indemni?cation or be counted in determining Whether a quorum is present for the vote. 150 The board may adopt a policy establishing a method for presentation, approval, and payment of claims for indemni?cation. If insurance purchased by the board under Section 3.04 of this Act is unavailable, insuf?cient, inadequate, or otherwise not in effect, the board may indemnify a former trustee, of?cer, or employee of the fund under this section for an alleged act, error, or omission committed by the- person in the capacity of a ?duciary, of?cer, or employee and for reasonable costs and expenses incurred in defense of a claim of an alleged act, error, or omission. The board may authorize indemni?cation of a trustee, of?cer, or employee of the fund, or a former trustee, of?cer, or employee of the fund under this section regardless of when the alleged act, error, or omission occurred, provided that the person is considered liable for the alleged act, error, or omission in relation to the person?s capacity as a current or former trustee, of?cer, or employee of the fund. ARTICLE 4. MEMBERSHIP AND CONTRIBUTIONS Sec. 4.01. MEMBERSHIP. Each member is a member of the fund. Sec. 4.011. MEMBERSHIP OF FIRE CHIEF AND CHIEF OF POLICE. Not later than the 30th day after the date a ?re chief or a chief of police of a municipality assumes office, the ?re chief or chief of police may make an irrevocable election to not become a member of the fund or to terminate membership in the ?md by delivering. written notice of such election to the secretary of the board. A ?re chief or chief of police who does not make an election under this subsection is considered to have chosen to become or to remain a member of the. fund. Sec. 4.02. MEMBER AND BENEFICIARY CONTRIBUTIONS. Subject to Section 4.022 of this Act, there shall be deducted from each member's compensation and contributed to the fund on each payroll date an amount equal to the member contribution amount applicable to the ?scal year in which the payroll date occurs.- The member contribution amount applicable to a ?scal year equals the amount obtained by: (1) multiplying the average member salary for the preceding ?scal year by the percentage equal to 100 percent plus the estimated percentage increase in the annual member payroll from the preceding ?scal year to the ?scal year as determined by the actuary; (2) multiplying the product computed under Subdivision (1) of this subsection by the percentage applicable to the ?scal year as provided in Subsection of this section; and (3) dividing the product computed under Subdivision (2) of this subsection by the total number of payroll dates that occur during the ?scal year. For purposes of Subsections and of this section, the percentage applicable to each ?scal year is: . (1) 2.0 percent for the ?scal year beginning October 1, 2007, and ending September 30, 2008; 151 (2) 2.7 percent for the ?scal year beginning October 1, 2008, and ending September 30, 2009; (3) 3.4 percent for the ?scal year beginning October 1, 2009, and ending September 30, 2010; (4) 4.1 percent for the ?scal year beginning October 1,2010, and ending September 30, 2011; and . (5) 4.7 percent for the ?scal year beginning October 1, 2011, and all subsequent ?scal years. Subject to Subsection of this section, to be eligible for health bene?ts under Section 5.01 of this Act, a service retiree or disability retiree who retired or retires with less than 30 years of service, or the retiree's surviving spouse in the case of a deceased retiree, shall continue to make contributions in accordance with Subsection of this section to the fund after the date of the retiree's retirement for the lesser of: (1) the period preceding the date the retiree becomes or would haVe become eligible for federal Medicare coverage; or I (2) the period equal to 30 years less the retiree's years of service achieved on the date of the retiree?s retirement. The pension fund shall deduct the contribution required under Subsection of this section from the retirement bene?t payment or death bene?t payment paid to each retiree or retiree's spouse required to make the contributions, excluding payments made by the. pension fund under Section 6.12 of the pension act. The pension fund shall deduct an amount equal to the retiree contributiOn amount applicable to the ?scal year in. which the bene?t payment occurs. The retiree contribution amount applicable to a ?scal year equals the amount obtained by: (1) multiplying the average member salary for the preceding ?scal year by a percentage equal to 100 percent plus the estimated percentage increase in the annual member payroll from the preceding ?scal year to the ?scal year as determined by the actuary; (2) multiplying the product computed under Subdivision (1) of this subsection by the percentage applicable to the ?scal year as provided by Subsection of this section; and (3) dividing the product computed under Subdivision (2) of this subsection by 12. A retiree who retired under the pension act as a result of a disability, or the disability retiree?s surviving spouse in the case of a deceased disability retiree, is not required to make contributions under Subsection (0) of this section for more than 10 years following the date of the disability retiree's retirement. This section applies only to members who retire as a service or disability retiree after October 1, 2007, and their surviving spouses. The municipal contributions to and health bene?ts paid ?om the fund are a part of the compensation for services rendered to a municipality to which this Act applies. This Act is 152 considered part of the contract of employment and appointment of the ?re?ghters and police of?cers of that municipality. Sec. 4.021. CONTRIBUTIONS BY A MUNICIPALITY. Subject to Section 4.022 of this Act, a municipality to which this Act applies shall pay into the fund on each payroll date the municipal contribution amount applicable to the ?scal year in which the payroll date occurs. The municipal contribution amount applicable to a ?scal year equals the amount obtained by: (1) multiplying the average member salary for the preceding ?scal year by the percentage equal to 100 percent plus the estimated percentage increase in the annual member payroll from the preceding ?scal year to the ?scal year as determined by the actuary; (2) multiplying the product computed under Subdivision (1) of this subsection by percent; (3) dividing the product computed under Subdivision (2) of this subsection by the total number of payroll dates that occur during the ?scal year; and (4) multiplying the quotient computed under Subdivision (3) of this subsection by the number of individuals who are members on the payroll date. The municipal contributions to and health bene?ts paid from the fund are part of the compensation for services rendered to the municipality. This Act is considered part of the contract of employment and appointment of the ?re?ghters and police of?cers of that municipality. - - Sec. 4.022. MANDATORY ADJUSTMENTS TO RETIREE HEALTH PLAN CONTRIBUTIONS, PAYMENTS, AND Subject to Subsection of this section, if on October 1, 2017, the actuary determines and states in the then most recent actuarial report delivered to the board that the number of years required to fully amortize the unfunded liability of the fund is more than 30 years, the board shall modify the retiree health plan as follows: (1) the amount of the contributions in effect under Sections 4.02. and. 4.021 of this Act shall be increased by a percentage determined by the board not to exceed 10 percent on October 1 of each year, commencing October 1, 2017; and (2) the maximum deductibles and maximum out-of?pocket payments for each individual in a calendar year and for each family in a calendar year set out in the retiree health plan then in effect shall be increased by a percentage determined by the board not to exceed 10 percent on January 1 of each year, commencing January 1, 2018. The board is not required to implement additional increases under Subsection of this section if the actuary determines and states in the actuarial report delivered to the board under that subsection that the number of years required to fully amortize the unfunded liability of the fund is 30 years or less. - 153 Except as provided by this section, the board may not change the amount of contributions to the fund by a member under Section 4.02 of this Act or a municipality under Section 4.02] of this Act. - . - Sec. 4.023. UNIFORMED SERVICE. A member of the fund who enters any uniformed service of the United States may not: (I) be required to make the payments into the fund as required by this Act while the member is engaged in active service with the uniformed service; or (2) lose any seniority rights or retirement bene?ts provided by this Act because of that service. Not later than the 90th day after the date of the member's reinstatement to an active status in a ?re or police department, the member shall .?le with the secretary of the board a written statement of intent to pay into the fund an amount equal to the amount the member would have paid if the member had remained on active status in the department during the period of the member's absence While in the uniformed service. - The member shall make the payment described by Subsection of this section in full within a period after the member?s return that is equal to three times the. amount of time the member was absent, except that the maximum period for payment may not exceed ?ve years. If the member does not comply with Subsections and of this section, the member loses all credit toward the member's years of service for the length of time the member was engaged in active service in any unifOrmed service. The amount of credit purchased under this section may not exceed the length of the active service in a uniformed service required to be credited by law. If the member complies with this section and makes all required payments, a municipality to which this Act applies shall make payment to the fund in an amount equal to the amount the municipality would have paid if the member had remained on active status in the department during the member's absence while in the uniformed service. Rights of Bene?ciaries and Members; Association Sec. 4.03. Bene?ciaries and members of the fund are entitled to all rights otherwise provided to the bene?ciaries or members under any state or federal statute. This fund is intended to be a voluntary employee's bene?ciary association as described by Section 501(0), Internal Revenue Code of 1986 (26 U.S.C. Section 501(0)), and the board has the discretion to take any action necessary to ensure that the fund is classi?ed as such. ARTICLE 5. RETIREMENT HEALTH BENEFITS Sec. 5.01. RETIREMENT HEALTH BENEFITS. A person is eligible to receive health and medical bene?ts under this Act in accordance with the provisions of the retiree health plan in effect, except as otherwise provided by this Act. 154 Health and medical bene?ts shall be provided by the fund to persons who are eligible to receive them under Subsection of this section, in accordance with the provisions of the retiree health plan in effect, except as otherwise provided by this Act. The expiration of the terms, or the termination, of the collective bargaining agreements or the master contract document has no effect on the retiree health plan or the. bene?ts provided under this Act. The board as it considers appropriate may modify the retiree health plan if the modi?cations adopted at any regular or Special meeting of the board do not, in the aggregate, increase the fund's total actuarial unfunded liability, as determined by the actuary. The board has exclusive authority to modi?z the retiree health plan. - The board may discontinue benefits under this section for any person who does not make the contributions required by Section. 4.02 of this Act. On January 1, 2008, the maximum deductible for each individual in a calendar year as set out in the retiree health plan increases from $100 or $200, as applicable, to $500, and the maximum deductible for each family in a calendar year as set out in the retiree health plan increases from $200 or $400, as applicable, to $1,000. The maximum out-of?pocket, including deductible, payment for each individual for each of the following calendar years as Set out in the retiree health plan increases as follows: (1) on January 1, 2008, from $600 or $700, as applicable, to $1,500; (2) on January 1, 2009, from $1,500 to $1,600; (3) on January 1, 2010, from $1,600 to $1,700, (4) on January 1, 2011, from $1,700 to $1,800; and (5) on January 1, 2012, from $1,800 to $1,900. Conunencing January 1, 2013, on January 1 of each year the board shall increase the amount of the maximum deductible and out-of-pocket payments established under Subsections and of this section by a percentage equal to the then most recently published annual percentage increase in health care costs as set out in a published index selected by the actuary that re?ects annual changes in health care costs. The annual percentage increase provided for by this subsection may not exceed eight percent. ARTICLE 6. INVESTMENT AND FINANCIAL PROVISIONS Sec. 6.01. Repealed by Acts 2007, 80th Leg., R.S., Ch. 1415, Sec. 19, eff. October 1, 2007. See. 6.02. ACCOUNTS AND FINANCIAL REPORTS. Accounts of the fund shall be kept as ordered by the board. 1 55 The board shall require that ?nancial reports showing all fund receipts. and disbursements be prepared and submitted to the board. Reserve Funds Sec. 6.03. The board shall determine a reasonably safe amount of surplus necessary to defray reasonable expenses of the fund. All other assets shall be designated as reserve funds. Only the board may invest and manage the reserve funds. The reserve funds must be invested and managed for the sole bene?t of the bene?ciaries. Investment Powers of Board See. 6.04. The board Shall invest the reserve funds in' a manner that a prudent investor Would invest the funds, considering the purposes, terms, distribution requirements, and other circumstances of an. enterprise with a similar character and similar aims. The board shall diversify the investment of the reserve funds to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so. In determining whether the board has exercised prudence concerning an investment decisiOn, the investment of all assets of the funds, rather than the prudence of a single investment of the funds, shall: be. considered. (0) The board may directly manage investments of the reserve funds or may choose to contract for professional management services. If the funds own real estate, the board may, at its discretion, establish an organization described by Section 501(c)(2) or 501(c)(25), Internal Revenue Code of 1986, as amended, to hold title to the real estate. The board has ?nal responsibility for the investment of the reserve funds. The board may purchase securities or engage in limited partnerships or make other investments not speci?cally provided by this Act and has the authority to exercise discretion in determining the nature, type, quality, and size of any investment consistent with the investment policies it establishes. Professional Consultants Sec. 6.05. The board may contract for professional investment management services, ?nancial consultants, independent auditors, third-party administrators, preferred providers, health maintenance organizations, attorneys, and actuaries. Only the board may enter into those contracts. The board may establish a reasonable fee for compensation under those contracts. The board may designate its own custodian or master custodian to perform the customary duties involving the safekeeping of the assets and the execution of transactions of either domestic or foreign securities. The board may engage-in a securities lending program consistent with the bene?ts payable to bene?ciaries. 156 Sec. 6.06. INVESTMENT CONSULTANT QUALIFICATIONS. In appointing investment consultants, the board shall require that the investment consultant be: (1) registered under the Investment Advisors Act of 1940 (15 U.S.C. Section 80b?1 et seq.), as amended; (2) a bank as de?ned by that Act; or (3) an insurance company quali?ed to perform investment services under the law of more than one state. 7. STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE REQUIREIVIENTS Ethics Policy sec. 7.01. A trustee, the executive director, or any employee of the fund may not: (1) buy, sell, or exchange any property to or from the ?ll?ld; (2) deal with the assets of the fund in the person's own interest or for the person's own account; or (3) receive any consideration ?om any person dealing with the fund. To implement Subsection of this section and to strengthen the faith and con?dence of the members and bene?ciaries of the fund, the board shall develop standards of conduct and ?nancial disclosure requirements to be observed by each trustee and by the executive director in the performance of the board's and executive director's of?cial duties. ARTICLE 8. EFFECTIVE EMERGENCY Secs. 8.01, 8.02. Repealed by Acts 1999, 76th Leg, ch. 52, Sec. 24(a), eff. Oct. 1, 1999. Acts 1997, 75th Leg, ch. 1332, eff. Oct. 1, 1997. Amended by Acts 1999, 76th Leg, ch. 52, Sec. 1 to 24, eff. Oct. 1, 1999. Amended by: Acts 2007, 80th Leg, R.S., Ch. -