PRESENTER: Presenter
Becca Miears, Director of Human Resources
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SUBJECT: Title
Approval of a resolution of the City Council of the City of New Braunfels, Texas, renewing and amending the Meet and Confer Agreement between the City and the New Braunfels Professional Fire Fighters Association, Local 3845 of the International Association of Fire Fighters, for a term ending on September 30, 2026.
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DEPARTMENT: Human Resources
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COUNCIL DISTRICTS IMPACTED: All
BACKGROUND INFORMATION:
The Texas Local Government Code, (Chapter 142), allows certain cities to meet and confer with the firefighter and police associations regarding issues of wages, salaries, rates of pay, hours of work, and other terms and conditions of employment. Once an agreement is reached by the negotiating teams, the agreement must be ratified by the majority of the City Council and the majority of covered firefighters by secret ballot election. A fully ratified Meet and Confer Agreement may supersede contrary state statutes, local ordinances, civil service law, and rules adopted by the Chief or New Braunfels Firefighters and Police Officers Civil Service Commission. If dissatisfied with a ratified agreement, registered voters in the city can order an election to repeal a Meet and Confer Agreement ratified by the City and the Association.
In April 2018, the New Braunfels Professional Fire Fighters Association (NBPFFA) filed a petition seeking to be recognized by the City as the sole bargaining agent for the Fire Department’s civil service employees, excluding the Fire Chief, Assistant Fire Chief, and exempt employees. The Association represented to management and City Council that they wanted to utilize the meet and confer process to establish hiring and promotional standards and processes. The Association representatives stated they did not want to incorporate issues such as salary and benefits into the meet and confer process and agreement. The law does not require either the public employer or the Association to meet and confer on any issue, or to reach an agreement.
In May 2018, City Council adopted the resolution granting the NBPFFA as the sole and exclusive bargaining agent for employees. A year later, the Association representatives notified the City Manager that they were ready to meet and confer and thus, negotiations began. Since then, the agreement has been amended and approved by City Council on October 25, 2021 (120-day extension), January 24, 2022, and August 28, 2023, with a termination date of September 30, 2025.
The parties were able to meet and negotiate amendments and renewal to the last approved Meet and Confer Agreement at a lawfully posted, public meetings held on July 18, 2024, and September 3, 2024, in accordance with the Texas Open Meetings Act and Ch. 142.063 of the Local Government Code.
Summary of Proposed Contract Amendments:
Article 3. Hiring, Section 4. Physical Agility Scores
• The physical agility testing will add up to five points on the candidate’s overall score.
Time Points Awarded
2:29 > 5
2:30-2:59 4
3:00-3:29 3
3:30-4:00 2
4:01-4:29 1
4:30-5:00 (Passing) 0
• Additionally, a ladder climb will be included as a portion of the Firefighter entry-level testing to ensure the applicant’s comfort with heights. The logistics of this process will be decided by the Department Head.
Article 3. Hiring, Section 6. Certification Requirements for Entry-Level Firefighter
• Proof of completed applicable certifications will need to be submitted by the date of the conditional offer in order to proceed to the onboarding process. The proof of enrollment will only suffice to move forward in the process prior to the conditional job offer.
Article 4. Promotions, Section 2. Promotional Examination Procedure
• Enough time will be provided between the scheduled written examination and the scheduled assessment center for each rank to allow for exam review, appeals, Civil Service Commission meeting(s), and regrading, as applicable. The assessment center shall not take place until all necessary written examination material has been reviewed by the Civil Service Commission.
• For Fire Department promotions, required annual Fire Department physicals/health screenings will replace the requirement for a drug test or physical at a clinic. The annual Fire Department physical/health screening must be completed in the last 12 months from the promotion and all necessary components of the screening, including required follow up as directed by a physician, must be completed or in progress.
Article 4. Promotions, Section 5. Procedure for Making Promotional Appointments
• All Parties mutually agree that Education Points shall only be applied if proof of degree has been submitted to Human Resources Dept. by 5:00 p.m. the business day prior to the written exam.
Article 4. Promotions, Section 6. Promotional Examination Assessment Center Criteria
• The consultant will develop exercises based on the seven dimensions listed below as appropriate for the testing rank and as directed by the Department Head. The consultant will be required to meet with the Department Head to understand expectations and ensure the exercises appropriately measure applicable items to the promotional rank. Each assessment center will have no fewer than three exercises for the assessment center that test the candidate’s possession of the seven dimensions and must include at least one Tactical/Strategic Scenario:
1. Problem Solving/Decision Making
2. Planning and Organization
3. Oral Communication
4. Leadership/Supervision
5. Adaptability
6. Interpersonal Skills
7. Written Communication Skills
Article 4. Promotions, Section 9. Statutory Override
• This article supersedes the following sections of the Local Government Code: Section 143.022(b) since annual department physicals replaced the mandatory physical and drug test for promotions if the annual department physical occurred within 12 months of promotion.
ISSUE:
N/A
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☒Organizational Excellence ☐Community Well-Being ☐N/A
FISCAL IMPACT:
None
Recommendation
RECOMMENDATION:
Staff recommends approval of the resolution.