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, approving a Meet and Confer Agreement between the City and the New Braunfels Police Officers’ Association (NBPOA), and providing an effective date.
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DEPARTMENT: Human Resources
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COUNCIL DISTRICTS IMPACTED: All
BACKGROUND INFORMATION:
Under Chapter 142 of the Texas Local Government Code, certain cities may engage in “meet and confer” negotiations with firefighter and police associations regarding wages, salaries, hours, and other employment conditions. Any resulting agreement must be ratified by both a majority vote of the City Council and a majority of affected police officers through a secret ballot. A fully ratified agreement may supersede conflicting state laws, local ordinances, civil service statutes, and related rules established by the Chief or the New Braunfels Firefighters and Police Officers Civil Service Commission. Registered city voters may petition for an election to repeal a ratified agreement.
In 2018, the New Braunfels Police Officers’ Association (NBPOA) filed a petition for recognition as the sole bargaining agent for civil service employees of the Police Department, excluding the Chief, Assistant Chief, and exempt positions. The Association indicated its intent to negotiate promotional standards through the meet and confer process. Notably, the law does not compel either party to negotiate or reach an agreement.
City Council granted NBPOA bargaining rights via resolution in 2018. In March 2025, the Association notified the City Manager of its readiness to begin negotiations. Each side designated its own negotiating team, as follows:
Management Team:
Robert Camareno, City Manager
Jordan Matney, Deputy City Manager
Jared Werner, Assistant City Manager
Valeria M. Acevedo, City Attorney
Osbaldo Flores, Chief of Police
David Blevins, Assistant Chief of Police
Becca Miears, Director of Human Resources, Civil Service Director
Lindsey Cox, Assistant Director of Human Resources
Lori Stidham, Human Resources Generalist
NBPOA Team:
Todd Henriksen, President
Christopher Scott, Vice President
Danny Salas, Treasurer
Mike Morales III, Secretary
David Olson, Sgt. In Arms
The Meet and Confer process between the New Braunfels Police Officers’ Association and City staff officially began with a kick-off meeting, followed by two public meetings held in compliance with the Texas Open Meetings Act on April 24, 2025, and May 6, 2025.
Additional important information about meet and confer laws includes:
Under meet and confer law, strikes and work stoppages are strictly prohibited. If such actions occur, involved police officers forfeit their meet and confer rights, civil service status, reemployment rights, and any other employment-related benefits or privileges with the City.
Recognition of the Association can only be withdrawn in two ways: (1) by petition signed by a majority of covered police officers, or (2) by City Council, with 90 days written notice to the Association stating the City’s intent to withdraw recognition and not renew any existing agreement.
While a meet and confer agreement is in effect, the City is prohibited from accepting any petition from officers seeking to adopt collective bargaining under Chapter 174 of the Texas Local Government Code.
Summary of Proposed Contract Provisions:
Article 1- PARTIES AND PURPOSE OF MEET AND CONFER:
Establishes parties and purpose of Meet and Confer.
Article 2- RECOGNITION:
Recognizes the New Braunfels Police Officers’ Association as the sole and exclusive bargaining agent for the covered Police Officers.
Article 3-PROMOTIONS:
• Implements an Assessment Center process for the ranks of Corporal, Sergeant, Lieutenant, and Captain.
• Defines written exam requirements and the weight each carries by rank.
• Specifies parameters and scoring percentages for the assessment center component by rank.
• Details the promotional appointment process, including score calculations and related procedures.
• Outlines criteria used in promotional examination assessment centers.
• Establishes guidelines for review and appeal of promotional exam results.
• Includes a statutory override for applicable provisions of Chapter 143, Texas Local Government Code.
Article 4- TERM OF AGREEMENT:
• The agreement becomes effective June 23, 2025 (assuming Council approval) through September 30, 2027.
• Association must provide the City written notice of intent to negotiate no later than May 15th of each year.
Article 5- SAVINGS CLAUSE AND PREEMPTION PROVISION:
• The savings clause provides that if a court finds any contractual provision to be invalid, the rest of the agreement remains valid. The parties can meet within 30 days of the court order to agree on a substitute provision or wait until Meet and Confer negotiations are resumed as provided in Article 4, Section 2, Notice of Intent to Negotiate.
• The preemption clause provides that the agreement preempts or supersedes any other agreement, rule, or law that is in conflict.
ISSUE:
N/A
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☒Organizational Excellence ☒Community Well-Being ☐N/A
FISCAL IMPACT:
The addition of the assessment center will increase the cost of promotional testing for each rank. While the final budget impact is still being analyzed, it is expected to affect both the Human Resources and Police Department operating budgets. Staff will continue to monitor expenses and will return to Council if costs cannot be absorbed within current budgets or will include any necessary adjustments in the next fiscal year’s budget process.
Recommendation
RECOMMENDATION:
Staff recommends approval of a resolution approving a Meet and Confer Agreement between the City and the New Braunfels Police Officers’ Association.