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, 2025.
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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 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) and January 24, 2022, with a termination date of September 30, 2023.
The parties were able to meet and negotiate a renewal along with several amendments to the last approved Meet and Confer Agreement at a lawfully posted, public meeting held on May 26, 2023, July 13, 2023, and July 31, 2023, 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 2. Interview Board
• Once an applicant has successfully completed the application, written exam, and physical agility portions of the entry-level process and met all suitability factors, the applicant must go before an Interview Board.
• All recommendations for disqualification must be reviewed and approved by the Department Head prior to disqualification.
• Article 3. Hiring, Section 6. Certification Requirements for Entry-Level Firefighter
• In order to improve the pool of potential candidates for entry-level firefighter, the parties recognize the need to increase the time frame to obtain minimum certifications as a Basic Firefighter and Basic Emergency Medical Technician (referred in this section as “required certifications”), from date of written examination to date of conditional job offer. In addition to meeting all other minimum eligibility requirements and suitability factors required by the Commission and state law to take the written exam, applicants must be certified as a Basic Firefighter, or certifiable, as established by the Texas Commission on Fire Protection (TCFP) AND must be certified as EMT-basic or higher, or certifiable, by the Texas Department of Health and Human Services. Certifiable means that the Applicants will be required to show proof of enrollment as applicable: those that are currently enrolled in a DSHS approved EMT program or TCFP fire academy and those that have certifications from other states or national registry who are currently in the process of obtaining Texas certifications.
A candidate who is placed on an eligibility list, but has not received the required certifications at the time a vacancy occurs, will not receive a conditional job offer and will be passed over for appointment by the Department Head, but they will remain on the eligibility list until: (1) they are no longer enrolled in a DSHS approved EMT program or TCFP fire academy, (2) they are not currently awaiting receipt of the required certifications, or (3) the eligibility list expires. If another vacancy arises, and the passed over candidate has obtained the required certifications, the Department Head must make a conditional job offer to that previously passed over candidate before going down the list. If the candidate still does not have the required certifications, they will be passed over again. Any candidate who declines a conditional job offer will be removed from the eligibility list.
• Article 4. Promotions, Section 2. Promotional Examination Procedure
• The 90-day promotional testing notice (written exam) is also applicable to the Engineer rank.
• Article 5. Alternative Disciplinary Process for Minor Incidents
• The Department Head must determine that the misconduct does not warrant a disciplinary suspension in excess of 72 hours without pay or benefits.
• This section does not apply to disciplinary suspensions without pay or benefits that exceed 72 hours.
ISSUE:
N/A
FISCAL IMPACT:
None
Recommendation
RECOMMENDATION:
Staff recommends approval of the resolution.