R-2016-3424 - 5/12/2016RESOLUTION NO. R-2016-3424
WHEREAS, pursuant to §142.103 of the Texas Local Government Code, the Round Rock
Firefighers Association, IAFF Local 3082 (the "Association") has previously petitioned the City
Council to grant it recognition as the sole and exclusive bargaining agent for all fire fighters employed
by the City; and
WHEREAS, the City Council previously granted the Association said recognition; and
WHEREAS, the City Manager has met and conferred with the Association regarding the terms
and conditions of employment of fire fighters; and
WHEREAS, the City Manager and the Association have reached a written agreement
regarding the terms and conditions of employment; and
WHEREAS, the City Council wishes to approve said written agreement; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Meet and
Confer Agreement Between the City of Round Rock and the Round Rock Firefighers Association,
IAFF Local 3082, a copy of said Agreement being attached hereto as Exhibit A.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 12th day of May, 2016.
ALAN MCGRAW, Mayor
ATTEST: City of Round Rock, Texas
qmll-
SARA L. WHITE, City Clerk
0112.1604;00356104
EXHIBIT
"Aly
MEET AND CONFER
AGREEMENT
BETWEEN
THE CITY OF ROUND ROCK
THE ROUND ROCK FIREFIGHTERS
ASSOCIATION, IAFF LOCAL 3082
Effective the day of 2016
00355184
TABLE OF CONTENTS
Article 1 - Definitions............................................................................1
Article 2 - Parties and Purpose...........................................................1
Article 3 - Recognition.......................................................................... 1
Article 4 - Management Rights..............................................................2
Article5 - Term......................................................................................2
Article 6 - Wages and Benefits...............................................................2
Article 7 — Education and Assignment Pay ............................................ 2
Article 8 - Work Schedules....................................................................3
Article9 - Promotions..........................................................................4
Article 10 - Appointment of Assistant Fire Chiefs .................................. 4
Article 11 - Disciplinary Review Board .................................................... 5
Article 12 - Miscellaneous...................................................................... 5
ARTICLE 1
DEFINITIONS
The following definitions apply to terms used in this Agreement.
1. "Association" means the Round Rock Fire Fighters Association, IAFF Local 3082.
2. "Chief' means the Fire Chief of the Round Rock Fire Department or their designee.
3. "City" means the City of Round Rock, Texas.
4. "Firefighter" means the same as is currently defined in Texas Local Government Code, Section
143.003.
5. "Day" is defined as a calendar day unless specifically noted in the paragraph where mentioned.
ARTICLE 2
PARTIES & PURPOSE OF AGREEMENT
Parties. The parties to this Agreement are the City and the Association. The foregoing may be
collectively referred to as the "Parties".
Purpose.
WHEREAS, the City has voluntarily endorsed the practices and procedures of the statutory meet
and confer process as an orderly way of conducting its relations with its firefighters, insofar as such
practices and procedures are appropriate to the functions and obligations of the City to retain the rights
to operate the City government effectively in a responsible and efficient manner; and
WHEREAS, the Association has pledged to support the service and mission of the Round Rock Fire
Department and to abide by the statutorily imposed no strike or work slowdown obligations placed upon
it; and
WHEREAS, it is the intent and purpose of the parties to set forth herein their entire Agreement;
NOW, THEREFORE, IN CONSIDERATION OF THE mutual covenants and agreements herein
contained, the parties mutually agree as follows:
ARTICLE 3
RECOGNITION
The City recognizes the Association as the sole and exclusive bargaining agent for all Firefighters as that
term is defined in Chapter 142 of the Texas Local Government Code, with the sole exception of the Fire
Chief and exempt employees specified by the Statute.
The Association recognizes its responsibility as the exclusive representative under Chapter 142 and
agrees to fairly represent all firefighters in the Department covered by this Agreement.
ARTICLE 4
MANAGEMENT RIGHTS
Retained Rights — General
The City retains all inherent rights to manage the Fire Department and its work force which it presently
enjoys, subject to applicable federal and state statutes and local ordinances, resolutions, and rules,
except as specifically provided in this Agreement. These rights shall not be in conflict with Chapter 143
of the Texas Local Government Code. Said rights shall include, but are not limited to: direction of the
work force, including but not limited to, the right to hire; the right to discipline or discharge; the right to
decide job qualifications for hiring; the right to lay-off or abolish positions; the right to make rules and
regulations governing conduct and safety; the right to determine schedules of work together with the
right to determine the methods, processes and manner of performing work; the determination of the
size of the work force, and the assignment of work to firefighters within the department, including the
right to transfer firefighters; the determination of policy affecting the selection of new firefighters; the
right to establish the services and programs provided by the department, including the nature and level
of such services and programs, as well as the type and quantity of resources allocated; the right to
establish work performance measurement and standards; and the right to implement programs to
increase the cost effectiveness of departmental operations.
Retained Right of Independent Investigation
The Chief and the City Manager fully retain their rights to independently investigate firefighter conduct.
This Agreement shall be effective the
effect until September 30, 2018.
1. Base Wages
ARTICLE 5
TERM
day of , 2016 and shall remain in full force and
ARTICLE 6
WAGES AND BENEFITS
a) For Fiscal year starting October 1, 2015 FY 2016, Exhibit A shall apply to all firefighters covered by
this Agreement.
b) For Fiscal year starting October1, 2016 FY 2017, Exhibit B shall apply to all firefighters covered by
this Agreement.
c) For Fiscal year starting October 1, 2017 FY 2018, Exhibit C shall apply to all firefighters covered by
this Agreement.
2
ARTICLE 7
EDUCATION AND ASSIGNMENT PAY
1. Education Pay
It is understood that there are minimum requirements for education and Texas Commission on Fire
Protection (TCFP) certificates for the Fire Department. In the event that a firefighter possesses
more than the minimum education and/or certification requirements for his/her rank, said firefighter
shall be entitled to Certificate and Education pay. For the term of this Agreement, firefighters shall
be entitled to receive Certificate and Education pay pursuant to Section 2-78 (F), Code of
Ordinances (2010 edition), City of Round Rock in the amounts set forth in the attached Exhibit D.
Education pay shall only be payable for degrees from an accredited college or university.
2. Assignment Pay
It is further understood that the City has established an Assignment Pay Plan and a firefighter
performing a qualifying assignment assigned by the Fire Chief is entitled to Assignment pay
pursuant to Section 2-78(E), Code of Ordinances (2010 Edition), City of Round Rock. For the term
of this Agreement, firefighters shall receive Assignment pay in the amounts set forth in the attached
Exhibit E. Section 2-78(E) shall be amended subsequent to execution of this Agreement to
incorporate the revisions set forth in Exhibit E.
ARTICLE 8
WORK SCHEDULES
1. Suppression Personnel. Suppression personnel will work a rotating schedule of twenty-four (24)
hours on duty, followed by forty-eight (48) hours off-duty. The schedule will consist of an average
fifty-six (56) hour work week. The work period is three (3) consecutive weeks, or twenty-one (21)
calendar days, beginning at 7:00 a.m. Sunday and ending twenty-one (21) calendar days later. One
(1) work shift shall equal two (2) twelve (12) hour work days. Each firefighter on each shift reports
for duty at the beginning of the scheduled shift, and is on duty, including meal breaks, for the entire
24 hours, for a total of 168 regularly scheduled hours worked per 21 -day work period.
Example Schedule for 66 Hour Work Week
2. Administrative Personnel. Administrative personnel will work a forty (40) hour work week,
Monday through Friday, beginning at 8:00 a.m. and ending at 5:00 p.m. each day. Lunches and
breaks will be consistent with the City's personnel policies.
The Chief, at his/her sole discretion may authorize a four (4) day work week. In such event,
administrative personnel shall be scheduled to work a forty (40) hour week, ten (10) hours per day.
The four days will be scheduled for Monday through Friday.
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2. Administrative Personnel. Administrative personnel will work a forty (40) hour work week,
Monday through Friday, beginning at 8:00 a.m. and ending at 5:00 p.m. each day. Lunches and
breaks will be consistent with the City's personnel policies.
The Chief, at his/her sole discretion may authorize a four (4) day work week. In such event,
administrative personnel shall be scheduled to work a forty (40) hour week, ten (10) hours per day.
The four days will be scheduled for Monday through Friday.
3. Modified Schedules. Notwithstanding the foregoing, when the Chief determines in his/her sole
discretion that a public or operational necessity exists, the Chief may require assignments other
than according to the regular work schedule for efficiency of service or to protect the public's health,
safety, or welfare.
4. Vacation Slots. There will be six (6) dedicated slots per shift through the length of this agreement
for vacation or holiday leave. Training, FMLA, On the Job Injury (OJI), or Military leave will not stop
the assignment and firefighters use of vacation slots that they have chosen as per the vacation slot
bidding process, or at another time throughout the year. If another full crew is added in the future,
for example; the NW fire station, an addition of 1 extra slot per shift should occur. In the event a
firefighter changes shifts, the firefighter will be allowed to keep their vacation days on his/her new
shift.
6. Higher Class (HIC)/Acting Pay
a) Fire Department
Acting Pay must be authorized by the Battalion Chief, Assistant Chief or Chief. No acting pay
assignment will continue longer than six (6) months without the written approval of the Fire Chief.
b) For Suppression Personnel
In the event that a firefighting employee is required to perform the duties of a particular
classification other than the job title to which he or she is assigned, he or she will be paid the salary
prescribed for that classification provided that the employee has performed in that capacity for at
least four (4) consecutive hours or more.
Employees who are authorized for acting pay will receive a pay increase equal to their current step
for the rank they are temporarily serving in.
c) For Administrative Personnel
Eligibility for acting pay begins after the employee has completed at least twenty-four (24) hours of
duty time in the acting role, in the same eighty (80) hour working period. After meeting the twenty-
four (24) hour requirement, the employee will be paid acting pay from the first day in the acting
position.
ARTICLE 9
NEW HIRES, PROMOTIONS AND TRANSFERS
1. Promotional Material. A valid source list of promotional materials will be posted as prescribed in
143.029 of the Local Government Code. The valid source list will remain in effect for the duration of
this agreement unless an edition changes or the edition is no longer available.
2. Vacancy. If a vacancy occurs while a valid promotional list exists, the next person at the top of the
list shall be promoted, prior to list expiration date unless the Fire Chief follows the guidelines set
forth in paragraphs (f) and (g) of §143.036 TLGC.
3. Transfers. Internal transfer requests shall be considered and determined in accordance with the
Fire Department's policy which is attached hereto as Exhibit F.
4. Written Entrance Exam. An additional three (3) points shall be added to the examination grade of
an applicant who holds a paramedic certification or license through the National Registry
Certification or the Texas Department of State Health Services and makes a passing grade on the
exam. An applicant's medical certifications] shall no longer be a criteria in breaking a tie between
applicants with the same grade on the entrance eligibility list.
ARTICLE 10
APPOINTMENT OF ASSISTANT FIRE CHIEFS
1. The Chief shall have the right to appoint two (2) Assistant Fire Chiefs, who rank immediately above
the rank of Battalion Fire Chief and rank below the Fire Chief in the chain of command.
2. Appointments to the rank of Assistant Fire Chief shall be by the Chief at his/her sole discretion,
provided that the employee promoted is a classified, sworn member of the Round Rock Fire
Department and occupies the rank of either Battalion Fire Chief or Captain and has received at
least a Bachelor's Degree from an accredited educational institution.
3. Persons appointed to the rank of Assistant Fire Chief shall remain as a classified firefighter under
TLGC 143 and shall receive all benefits and rights they are entitled to under TLGC 143. They will
also be subject to the overall City policies, regulations and benefits they are entitled to under this
Agreement.
4. Any person appointed to the rank of Assistant Fire Chief may be demoted to the rank from which
he/she was promoted at the sole discretion of the Chief without appeal to the Commission and/or
Arbitration. Any person appointed to such rank may voluntarily return to the rank from which he/she
was promoted from at any time. Upon demotion, or voluntary return to the previously held rank
pursuant hereto, that employee's pay shall return to the amount previously received prior to the
appointment. The employee will continue to receive all benefits provided in TLGC 143 and this
Agreement as if he/she had served in either rank on a continuous basis throughout his/her tenure
as an Assistant Fire Chief.
5. A person appointed to the rank of Assistant Fire Chief may be disciplined up to and including
indefinite suspension for cause, provided that such discipline shall be subject to appeal as set forth
in TLGC 143 as for all classified employees in the Department.
ARTICLE 11
DISCIPLINARY REVIEW BOARD
The procedures for the Disciplinary Review Board shall be carried out in accordance with the policy of
the Fire Department, as set forth in Exhibit G, attached hereto and incorporated herein for all purposes.
The Chief may make amendments to the procedures with the consent of the Association.
5
ARTICLE 12
ALTERNATE DISPUTE RESOLUTION
1. Agreement to Negotiate First to Resolve Issues. The parties agree to attempt first to resolve
disputes concerning this Agreement amicably by promptly entering into negotiations in good faith.
The parties agree that they will not refer any dispute to another dispute resolution procedure
including mediation or litigation until they have first made reasonable and good faith efforts to settle
their differences by joint negotiations conducted in a timely manner.
2. Mediation. If a dispute arises that cannot be resolved through negotiation, before either party seeks
litigation, the parties agree to first try to resolve the dispute with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, the City shall select one mediator and the
Association shall select one mediator and those two mediators shall agree upon a third mediator.
Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally
by the parties.
ARTICLE 13
MISCELLANEOUS
1. Payroll Deduction of Dues
The City agrees to deduct dues and assessments, in an amount certified to be current by the
Treasurer of the Association, from the pay of those firefighters who request through a direct deposit
form that such deductions be made.
2. Discrimination Prohibited
Neither the City nor the Association shall discriminate with regard to the implementation of any term
or condition of this Agreement, against any firefighter covered by this Agreement in a manner
which discrimination would violate any applicable federal or state law or any City ordinances
on the basis of race, creed, color, national origin, age, sex, sexual orientation, or disability.
3. Association Membership or Activity
Neither the City nor the Association shall interfere with the right of firefighters covered by this
Agreement to become or not become members of the Association, and there shall be no
discrimination against such firefighters because of lawful Association membership or non-
membership activity or status.
4. Association Activity
Association members or officers shall not conduct Association Business on City time, except as
specified by this Agreement or as further authorized by the City Manager or the Chief. The
Association may hold meetings pertinent to Association business on Fire Department property,
provided that permission for such meeting is obtained in advance from the Chief.
5. Conflict with Chapter 143
To the extent that this Agreement is in conflict with or changes TLGC 143, or any other statute,
executive order, local ordinance, or rule, this Agreement shall supersede such provision, as
authorized by Section 142.067 of the TLGC.
6. Subjects and Issues
The parties acknowledge that during the negotiations which resulted in this Agreement, each had
the unlimited right and opportunity to raise issues and make proposals with respect to any subject
or matter not removed by law from the meet and confer process, and that the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are set forth in
this Agreement. Therefore, the City and the Association, for the duration of this Agreement, each
voluntarily and unqualifiedly waive the right, and each agrees that the other shall not be obligated,
to meet and confer with respect to any subject or matter referred to, or covered in this Agreement,
or with respect to any subject or matter not specifically referred to or covered in this Agreement,
even though such subjects or matters may not have been within the knowledge or contemplation of
either or both of the parties at the time they negotiated or signed this Agreement.
7. Amendment of the Agreement
This Agreement may be amended during its term by the parties only by written mutual agreement.
8. Effect of Illegal Provision
If any provision of this Agreement is subsequently declared by legislative or judicial authority to be
unlawful, unenforceable, or not in accordance with applicable statutes, all other provisions of this
Agreement shall remain in full force and effect for the duration of this Agreement, and the parties
shall meet as soon as possible to agree on a substitute provision.
9. Change in Authorized Representative
During the term of this Agreement, if there is a withdrawal of recognition of the Association pursuant
to Section 142.056 of the Texas Local Government Code, then it will be the City's option to continue
the terms of this Agreement or to cancel the Agreement and engage in negotiations with the
successor organization, if any.
10. Funding Obligations
The City presently intends to continue this Agreement each fiscal year through its term, to pay all
payments due, and to fully and promptly perform all of the obligations of the City under this
Agreement. All obligations of the City shall be paid only out of current revenues or any other funds
lawfully available therefore and appropriated for such purpose by the City Council, in compliance
with the Texas Constitution, Article XI, Sections 5 and 7. In the event that the City cannot meet its
funding obligations, as provided in the State Constitution, this entire Agreement becomes null and
void.
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE SIGNED
BY THEIR DULY AUTHORIZED REPRESENTATIVES ON THIS DAY OF
2016.
CITY OF ROUND ROCK ROUND ROCK FIREFIGHTERS ASSOCIATION
IAFF LOCAL 3082
Alan McGraw, Mayor
Billy Colburn, President
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ANSM-MAL91
Sec. 2-78. Fire Department
(f) Certification and education incentive pay plan. A certification and education incentive pay plan is
hereby established for firefighters, and assignment pay under such plan shall be paid in the following
amounts and under the following conditions as established by the fire department or by city ordinance.
(1) Certification pay shall be paid as follows: (i) intermediate shall be paid at a rate of $50.00
per month; (ii) advanced shall be paid at a rate of $100.00 per month; and (iii) master
shall be paid at a rate of $150.00 per month. For a fire department employee to receive
certification pay, the employee must (i) be issued a certification by the Texas
Commission on Fire Protection or the Texas Department of Health; (ii) attain a level of
certification at least one discipline above that which is required for the position held; and
(iii) obtain approval of the appropriate compensation level for the certification(s) by the
fire chief. The certification pay amounts shall be paid as one cumulative amount based
upon the highest certification. A fire department employee who holds an intermediate
certificate shall receive $50.00 per month; a fire department employee who holds an
advanced certificate shall receive a cumulative amount of $150.00 per month; and a fire
department employee who holds a master shall receive a cumulative amount of $300.00.
(2) Education incentive pay shall be paid as follows: (i) the amount of $125.00 per month
shall be paid to fire department employees holding an associate's degree from an
accredited college or university; (ii) the amount of $240.00 per month shall be paid to fire
department employees holding a bachelor's degree from an accredited university; (iii) the
amount of $320.00 per month shall be paid to fire department employees holding a
master's degree form an accredited college or university. A fire department employee
with a minimum of sixty (60) hours from an accredited college or university, but without
an associate's, bachelor's, or master's degree, who has received education incentive pay
on or before November 6, 2014 shall continue receiving the amount of $125.00 in
education incentive pay, as if the employee held an associate degree.
00355658/ss2
EXHIBIT E
Sec. 2-78. Fire Department
(e) Assignment pay plan. An assignment pay plan is hereby established for firefighters, and
assignment pay under such plan shall be paid in the following amounts and under the following conditions
as established by the fire department or by city ordinance. The maximum number of assignment pay
areas allowed for any firefighter not paFtiGipatiRg mss -assigned to a FRAP team-rmembe , arson team,
technical rescue station hazmat station or a wildland station is two, with the eXGeptiOR f any cirefighte
n. The maximum number of assignment pay areas for a
firefighter assigned to a FRAP persennel as
hazmat-etc,tiaRteam arson team technical rescue station hazmat station or a wildland station; is three.
(1) Technical rescue personnel. The amount of $75.00 per month shall be paid to persons
assigned to a specialized technical rescue team which performs technical rescues, i.e.,
confined space rescue, heavy rescue, high angle rope rescue, swift water rescue, and
trench rescue. A technical rescue technician assigned to the technical rescue response
station shall be paid an additional $75.00 per month.
(2) Technical rescue team supervisor. The amount of $250.00 per month shall be paid to a
person who supervises the technical rescue team. In addition to having a mastery of the
specialized team training, the technical rescue team supervisor manages all three work
shifts, coordinates with outside vendors, and administers all programs dealing with
delivery of a comprehensive training and professional development program
encompassing technical rescue team goals and objectives.
(3) Hazardous materials personnel. The amount of $75.00 per month shall be paid to
persons assigned to a specialized hazardous materials response team which identifies,
stabilizes, and mitigates the community's exposure to hazardous chemicals. A hazardous
materials technician assigned to a hazardous materials response station shall be paid an
additional $75.00 per month.
(4) Hazardous materials response team supervisor. The amount of $250.00 per month shall
be paid to a person who supervises the hazardous materials team. In addition to being
certified as a hazardous materials technician and having a mastery of the specialized
team training, the hazardous materials response team supervisor manages all three work
shifts, coordinates with outside vendors, and administers all programs dealing with
delivery of a comprehensive training and professional development program
encompassing hazardous materials team goals and objectives.
.(5) Wildland fire personnel The amount of $75.00 per month shall be paid to persons
assigned to a specialized wildland fire team which performs wildand duties. A firefighter
on the wildland fire team assigned to the wildland fire response station shall be paid an
additional $75.00 per month for a total of $150.00 per month.
(6) Wildlife team coordinator. The amount of $250.00 per month shall be paid to a person
who coordinates the wildland fire personnel.
0035521 Ws2
(57) Air management personnel. The amount of $75.00 per month shall be paid to persons
assigned to a specialized air management team which repairs, maintains, and annually
tests self-contained breathing apparatus in accordance with NIOSH and NFPA
standards.
(68) First responder advanced provider (FRAP) personnel. The amount of $100.00 per month
shall be paid to rt-siFills aad
aBS.---ed tospen-i-alized fir -St Fespender art a edl pFGv;dler (F=R'W) foam iipan
assignment by the —medid•ald;reGt.,r 'n+., the FRAP GFedlontulip., pKw4a� firefighters
assigned to a paramedic school while acquiring special medical training and prior to
being assigned to a specialized first responder advanced provider (FRAP) team. The
amount of $200.00 per month shall be paid to FRAP team memheFs�pe�einn
t;
eredenaled9 by the mediRal dlirenter firefighters while undergoing the medical director's
clearing process. The amount of $300.00 per month shall be paid to-per-sans-upea�#e
G-GR4 iet-ien efi eae yea�-as-a--sfedentialed-F-W—team Fn beF.. FR P—team-meaabers,-
m d7'GG d intermediates, re Rr d tial d; by the edl;nal dlirester to
utn_nnialized equipment to peFfnm; adRGed R;ed'G@l inteNen iGRn +hnco r
hGspi#aal-cafe-related-te-m"Gal a EMT -intermediate or equivalent
certification to FRAP team members credentialed by the medical director. The amount of
$375.00 per month shall be paid to EMT -paramedic FRAP team members credentialed
by the medical director. Paramedics and intermediates who are not participating as
FRAP team members shall not receive assignment pay.
(7�_€ n1TG$300.00-per meenth shall be aid to a
persea-seNiRg-as-el;erg edisal-sew+ses-sserd+nator �e-emergeflsy-fnI
69GFdina Rd-4GGal eF}titles--and—veR49B s adrninisters
FLAP—prGgFams, f;ds+ FesPGRder ernaRi;Z fi -s
a6GGGiate FAPFeli
eMeFgeRYediG@l- #alRiRg and professional develepmeRt PFGgFaMS eRGGFRP@6SiRq
emeFgeReV medlinal c Ninesh.
mn and!
(8) Fire ��
the battaliGR h' f f R en+icon (fire marshal) G9 nate d life
(9) Arson investigators. The amount of $7-5150.00 per month shall be paid to a person
assigned to a specialized arson investigation team certified by the Texas Commission of
Fire Protection as an arson investigator and assigned by the Fire Chief.
paid to the ba+tal' h"ef of preven+len (fire ma all ihsupervises fire ;Repenters --RG[
t s- itlb� wtside—veRd9Fs, and administeFS @11 nrenFaF4a
Rid--eEf GMiOR
0)
9 9Fi
(10) Administrative assignment. The amount of $300.00 per month shall be paid to a person
who is assigned by the Fire Chief to perform one of the following administrative roles:
training specialist: training officer: emergency preparedness coordinator battalion chief of
prevention (fire marshall)• fire inspector emergency medical coordinator or special
projects For special projects assignment only a prorated amount of $1.875 per hour will
be received for special projects that last less than 30 days A person temporarily
assigned to light duty, modified duty, or administrative assignment during a disciplinary
investigation is not eligible for administrative assignment pay.
gQTG(1-ria ORth shall be 9
assists the battaliG)R of of trai-inn with the de4ve d
Va**g-and-pr-efessiGnal-developrae�9T-arn—eRsempass ;,^g-hazaFdous-FRaterial_s
tfaii�iag-bea {t{3-arid-safet�p+:ogra+mss-aad-#+ire--suppfessiga-reset-hods-
(12) Traiaipg-e#ieer�li #a,4ari-sNef-ef
peeialists- and -the -er-eeFgey-medical-s�of
G99Fd44ates;-YAth outside-Venders-andministerS all p4-8 rl @liRn with deliveryGf a
qR;eF=pnGy--,M8dibai-SePi GeS--train.in^y�w-.'
ed t n' �
health and safety nrnnra
and �iFe sif7 ppFess*G Gds-
(131) Bilingual support team personnel. The amount of $100.00 per month shall be paid to
members of a team composed of persons who are working on developing fluency in
conversational Spanish and who successfully pass an annual level 1 examination in this
area, and such team members shall handle Spanish translation responsibilities on
assigned shifts. The amount of $200.00 per month shall be paid to members of a team
composed of persons who speak conversational Spanish and who successfully pass an
annual level 2 fluency examination, and such team members shall handle Spanish
translation responsibilities as an essential function of their employment with the city. The
battalion chief of training shall be responsible for maintaining an up-to-date roster of fire
department bilingual support team personnel, scheduling the annual level 1 and level 2
examinations, and notifying the director of human resources of test outcomes and
eligibility of persons to receive such assignment pay.
(44) SpeGial projei;ts personne� The arneunt Gf $300.90 peF MORth shall be paid te a n
wh94s-assigned-by44e4Fe-efiie�t eFfarrn speGial nr„jentS o�� gRr ent-pay-fe such
prajests that 1@6 feF Tess tha eF-houf-
month paid to
F@eRG-y
eFdiRates enn1-496 with fetid
-and -496a1-ef iG a! , Maintains the Gih,'s , Gpe- i9ps-plan, trains
rite el i en4
3
69Rd616ts-dR
fl 8e Git�"S-prepaFe4Rew-«espeRd, RSI
disasters.T—Phs-PeFseR-sear4nates with ^u tside-ve deFs, an ^dn :R;&t-eFs ani-pr-GWms
dea4Rg- 4+-de4ver-"f a--ssnpFehe^s:ve4raiRing-and-pFe#essiapai-develepme 44rogFam
EXHIBIT F
Objective
To establish a procedure to request transfers or trades in assignments.
Scope
This includes all civil service personnel.
Policy
All assignments in the Fire Department arc made at the discretion of the Fire Chief. No employee has a right
to determine where or when he/she will work. Approval or denial of trades and assignment to positions is
based upon the good of the Department and mission essential justification.
Procedure
Requesting Trades in Assignments or Requesting ASSiQ)7Me17I to Maccun Postitons
1. Employees who desire to trade assignments or who desire assignment to a position that is vacant or
nnaybecome vacant, must be of equal rank at (lie time the trade or transfer is requested.
2. Employees requesting trade of assignments or transfers must forward their request, in writing, via
theirchain of command. The request may be made by transfer request form, letter, or email.
3. The written request must contain any special requests such as keeping a crew together, only going if
someone does or does not go, etc. (This is often referred to as a "me too" clause.)
4. Each current and receiving company ofiicerand Battalion Chief shall approve or deny requested
assignments based upon the good of the Deparhnent and mission essential justifications. Reasons for
denials must be in % riting.
5. If an officer disapproves a request, the officer must sign the request and state Elie reasons for
disapproval, in writing, and the employee will be infomned of the reasons. The disapproving officer
shall send the Fire Chief an email copy of tine request and the reason for disapproval. The employee
may request to appeal the denial directly to the Fire Chief, who will have the final. decision.
6. An employee may request as many transfers to vacant or potentially vacant assignments, as desired.
Once a transfer request is honored, all of.the'remaining requests from that employee will be removed
from the file and the employee cannot submit another transfer request for at least one (1) year.
7. Personnel assigned to or transferred to divisions -.requiring specialized training; such as, Fire
Prevention/Arson, Training, HazMat, Technical Rescue, other administrative assignment, etc., will be
required to remain in those divisions for a minimum period of two (2) years.
8. A request to trade or transfer may be withdrawn, in writing, prior to the processing of the transfers.
9. An employee who is awarded a position that they requested, may not decline the position once
offered.
1024
FebruaF , 1, 2014
Announcement of Vacanci
• Current vacancies will be advertised by Departmental email. Transfer requests will be accepted for a
two (2) week period, outlined in the announcement. Subsequent vacancies created by filling of other
vacancies will not be announced, but may be requested.
Filling of Positions
I. The date the trade requests will be processed must be posted two (2) weeks prior to processing, to
allow the applicant to withdraw a trade request.
2. The vacancies will be filled starting at the highest rink and working down through the ranks to
firefighter.
3. When filling vacancies within a rank, the person with the most seniority in the.deL),lirmignt willget
first preference. All of that individual's preferences/requests will be consideredbefore proceeding to
the next person. An attempt will be made to honor the top preferences of all requesters.
4. No person shall forcibly displace another.
S. Attempts will be made to fill vacancies with personnel who have submitted atransfer request form.
6. After all transfer requests are exhausted, or if no one has submitted a request fonn, the Battalion
Chiefs will recommend personnel to fill tite vacancies. Employees: with the least seniority will be
considered first to fill these positions.
7. Specialized positions; such as, Fire Prevention/Arson, Training, HazMat, Technical Rescue, other
administrative assignments, etc., may require -an interview before the assignment is made. When
the interview process is used, the decision of the interview panel will determine xylid receives
the assignment, not seniority in the department.
8. When employees, who are in divisions that require specialized training, transfer out of the division,
an orderly schedule of out transfer and in transfer will take place so that operations are not impaired
in that division.
Formatted: Right
1021
Fehruary 1, 2016
ROL111-1 ! Rack Fire Department
Transfer RegUest Forin
Name: Date:
Current Shift/Statim' Rank
Special Qualifications:
I request to transferfrom my present assignment; to an open vacancy within the department
as indicated below. I`understand that I do not have a right of self-determination of where or
when I Will work. My request(s) should be considered In the followingorder:
Attach any. additional documents, explanations, or "me Won requests.
Signature - Date:
urrent Company Officer Current Battalion Chief
f icer-
Receiving Company Officer -
Request4 Shift/Station,
Request 4
• Approve
O Disapprove -
Signature
❑Approve
E3. Disapprove .
2
O Approve
O Dsapprove.
$
OApprove
'O Disapprove
.�}
E3 Approve
DDsapprove
5
QApprove
D Disapprove
6
❑ Approve
X13 Disapprove
7
0Approve
ODisapprove
�❑ Approve
O, Disapprove
Attach any. additional documents, explanations, or "me Won requests.
Signature - Date:
urrent Company Officer Current Battalion Chief
Signature
Signature
• Approve
O Disapprove -
_ O Approve
IOD sspprove
Receiving Battalion Chief Receiving Battalion Chief
Signature
Si nature.
OApprove
O Disapprove.
I ❑Approve
1❑ Disapprove
Attach any additional relevant documents and/or explanations.
Formatted: Right
Green -Page 3 of 3
EXHIBIT G
Purpose The primary purpose of the Discipline Review Board (DRB) is to provide peer review of
allegations and offenses committed by uniformed personnel, and provide the Fire Chief with
recommendations of disciplinary actions. The DRB is charged with looking at the totality of the allegations
or charges, the employee's history, Department Policies and Procedures, Department Rules and Regulations,
City Policies and Procedures, Local and State Civil Service, and any other policies, rules, regulations, or
laws that may pertain to the case. The DRB can periodically review the Rules and Regulations and provide
guidance in modifying their content.
Scope
This policy applies to all uniformed personnel. Discipline being reviewed and recommendations made to the
Chief by the DRB will be in accordance with Sections A-1,2:3' through A-1.2.7 of the Rules and Regulations
effective May 1, 2013.;
Guideline
The Round Rock Fire Department shall develop and maintain a Disciplinary Review Board or DRB.
The Executive Officer shall be designated as the DRB coordinator and shall facilitate meetings.
The DRB shall consist of a minimum of eight members.
There must be a minimum of five members in attendance at all hearings, meeting the following criteria*:
I . At minimum one officer
2. At minimum one non -officer
3. At minimum one Association member
4. At minimum one employee assigned to each shift
5. At minimum one member of administration
(*Note- one person nay satisfy more than one criterion.)
The DRB shall ensure:
I . That a thorough investigation of the circumstances was performed.
2. That no employee shall be singled out, made an example of, or faced with punitive measures that are
overly aggressive based on the offense(s) committed.
3. That any recommendations will be based on the discipline matrix and the employee's history of
offenses.
4. That a fair and unbiased recommendation be made to the Fire Chief regarding the offense(s).
The Fire Chief may issue discipline, without going through the DRB, if time constraints prohibit doing so.
Procedure
The following is a timeline of events and actions to be taken:
1) Alleged misconduct occurs
2) Alleged misconduct is discovered -143.052(h)
EXHIBIT G
1401
January 1, 2012
i) 180 days from this date to issue discipline if misconduct does not involve a pending criminal
investigation.
ii) If misconduct involves a pending criminal investigation, may issue a complaint within 30 days of
final disposition of criminal case. -143.052(h), 143.056
3) Employee is issued a copy of signed personnel cotnplaint.-614.023(b)
4) Misconduct is investigated -614.023(c)(1)
5) Facts and Findings of Investigation
a) Employee receives a copy.
b) DRB coordinator receives a copy.
c) Employee receives notice of intent to bring to DRB. Employee may request settlement without going
to DRB (any agreed discipline must be within the guidelines of the discipline matrix).
6) DRB coordinator issues date/time of pre -disciplinary hearing to DRB members and employee.
7) DRB pre -disciplinary hearing conducted.
a) DRB determines disposition of allegations.
b) DRB makes recommendation to the Fire Chief on discipline.
c) Fire Chief schedules meeting with firefighter and association representative to discuss findings and
potential discipline, if, requested by firefighter being investigated.
8) Fire Chief issues employee discipline
a) Amount/type of discipline
i) Suspension of up to 15 days -143.052(b)
ii) Suspension of 16-90 days -143.052(8)
iii) Indefinite suspension -143.052(b)
iv) Demotion -143.054
b) Notification requirements
i) Fire Chief immediately delivers a copy of the written statement in person to the employee -
143.052(c)
ii) Fire Chief files a written statement with the Civil Service Director within 120 hours -143.052(c)
iii) Written statement must include information for the employee's right to appeal—I43.052(d)
9) Employee may meet with the Fire Chief to discuss lesser discipline within 3 days. The Fire Chief may
offer less than indefinite suspension, if the employee agrees to and accepts the offer within 5 days -
143.052(g)
10) Employee may file a request for appeal within 10 days of receiving the written notice—I43.052(d),
143.057
a) Civil Service Director
i) Schedules appeal hearing within 30 days with Civil Service Commission -143.053(b),
143.057(b)
ii) If employee requested a P party arbitrator, the Civil Service Director and the employee (or
employee's representative) agree on an arbitrator and schedule hearing date/time/location. —
143.057(d)
11) Appeal hearing -143.057(e)
12) Decision of appeal hearing rendered -143.057(h)
13) Discipline carried out.
References:
Texas Local Government Code Title 5, Subtitle A, Chapter 143 Municipal Civil Service for Firefighters and
Police Officers
EXHIBIT G
1401
January 1, 2012
Texas Local Government Code Title 6, Subtitle A, Chapter 614 Peace Officers and Firefighters
CITY OF ROL- D ROCK
7�N"y L\'TER.OMCE �°IE�%iOR-kNDL` I
TO: [inscrr name), jimertrank)
FROM: Discipline Review Board
DATE: (MTE]
SUBJECT: Discipline: Review Board determination and recommendationregsrding
(81nJ3lol'&E d name]
On[ date ].the Round Rock fife DepartmentDiscipline Review Board reviewed the case
file for allegations against Le t styFe �namt J. This memo outlines thedreisionofthe
Discipline Review Board re}rdingthesIlegationsoutlined inthe I—dqr. coYn lninr J
coniplaintz the rules that were violated and any re -commended discipline.
Allegation -al
G 4jgfgaIIo>I as titirir en ix riis Complaint J
—Unfounded—he allezationisfalseornotfsctual
Exonerated—the incident complained of occurred but s: as lawful and within policy
,hT sustsiaed—insv$icieat evidence existsto prove or disprove the sllesations
Sustained—the allegation is supported by suft:cient evidence. an(Pbr acts ofmiscondtxt were
discovered during the investigation which was not alleged during the complaint.
policy Failure-thesctdidoccurandwssincompliancev;ithdepsrt3nentpolicy. However,
U is also determined that the act of misconduct could have beenprevented had policy been =or,-
clear
oreclear or complete..
v..sustained or Policy Failure, indicate below whichpolicy{s) were violated;
If allegation is sustained, indicatebelovr the recommended discipline:
EXHIBIT G
1401
January 1, 2012
lteaation *2
,�,:�iUs�s?13,a,Itas�eritrtn in zhetonrplainz<%
Unfounded --the allegation is false or not factual
_ Exonerated—the incident complained of occurred butwas lawful and tvithinpolicy
�jgj sustained—insufficient evidence exists to prove or disprove the allyeations
Sustained --the allegation is supported by sufficient evidence, an& oc acts ofmis condo: t were
discovered during the invettieation which was not alleged during tho complaint..
Policy Failure—the act did occur and cm in compliance-Mthdepartment policy. However,
it is also determined that the act of misconduct could "va beenpreventedhad polis: -be,-n more
clear or complete.
(if sustained or Policy l' allure, indicate below which policy(s) were violated:
t
If alleeatioa is sustained, indicatebelow the recommendddisciplis�e:
3
The above information is collectively submitted by the nxambersprest at this Discipline
iLAview Board meeting
�•eit �amEl
Printed'Name Simature Date
hitz » nootel
Printed Name Sinutwe Date
1:,. ..t4z.a
Hamel
Printed Name Simature Date
flit-ffI nomal
NintedName Signature Data
EXHIBIT G
1401
January 1, 2012
u
allegatian?�Z
(,.ss.11.Mg;f4n.=%c7iuen in theromplaint.)
Unzounde,d-thealleptionis false or not factual
Exonerated—the incident complained of occurred but was lawful and within potev
_:aQt.Sustained—insufficient evidence exists to prove or disprove the allegations
Sustained—the allegation is Supp orted by sufficient evidence, and%or acts of misconduct were
discovered durin-the investigation which was not alleged during the complaint
Policy Failure—the act did occur'aud was in compliance pith departnimtpolicy. However=
it is also determined that the act, ofmiscanduct could have beeupreventedhad policy been more
clear or complete.
(if sustemed or policy Failure, indicate below khichpolicy(s) were violated:
Ifailegation is sustained, indicatebelowthe reeommendeddiscipline:
The above information is canoe vely submitted by the members presentat'this Discipline
Review Board meeting..;
f -cr-r nancel
Printed Name Signature Date
%lean Hamel
Printed Name Signststre, gate
t
[Lnfrrr name]
Printed Name Signature Date
th,>en nantel
Printed :Mama Signature Date
ATTACHMENT TO EXHIBIT G
EXCERPT FROM RULES AND REGULATIONS
(Effective May 1, 2013)
A-1.2.3 It is the philosophy of the Fire Department that progressive discipline encourages the proper
behavior of employees, while allowing the employee the opportunity to correct behavioral problems
prior to termination. With this in mind, the following chart is established as a guideline:
Guidelines For Progressive Discipline
Penalty
1St Offense
2"d Offense
3r`' Offense
4 thOffense
Reckoning Period
Group
A
Verbal
Written
12-24 hour
24-48 hour
180 calendar days
counseling
reprimand
suspension
suspension
B
Written
12-24 hour
24-48 hour
48-72 hour
180 calendar days
reprimand
suspension
suspension
suspension
C
Written
24-48 hour
48-72 hour
72-96 hour
180 calendar days
reprimand
suspension
suspension
suspension
D
24-48 hour
48-72 hour
72-96 hour
120- Indefinite
365 calendar days
suspension
suspension
suspension
suspension
(lyr)
E
48-72 hour
72-120 hour
Indefinite
730 calendar days
suspension
suspension
suspension
(2yrs)
F
72-120 hour
Indefinite
1825 calendar days
suspension
suspension
(Syis)
G
Indefinite
N/A
suspension
A-1.2.4 All penalties recommended for offenses covered in the Rules and Regulations
shall consider the recommended guidelines. Nothing in the Rules and Regulations, however; shall limit
the penalty which the Fire Chief may impose, provided that, in imposing any penalty which is less than
or which exceeds the chart guidelines, the Fire Chief states in writing his/her reasons for imposing such
penalty.
A-1.2.5 The "Reckoning Period" is the period during which an offense can still be considered a prior offense
when calculating the number of offenses an individual has for the determination of an
appropriate penalty. All "Reckoning Periods" shall be computed from the date the penalty was first
imposed as outlined in Guidelines for Progressive Discipline chart.
A-1.2.6 When the same offense is committed over time, each commission of the offense may constitute a
separate offense and could be subject to disciplinary action.
A-1.2.7 Repeated violations of Civil Service Rules, Department Rules and Regulations, City Policies and
Procedures, state or federal law, or any other course of conduct indicating an employee has little or no
regard for the obligations of employees, of the Department, shall be cause for dismissal, regardless
of the severity of the offenses, any reckoning period, or whether the violations are the same.