Through the meet and confer process, the City and the Fort Worth Police Officers Association (FWPOA) have negotiated and reached a consensus on a Meet and Confer Agreement (Agreement) regarding terms and conditions of employment for Fort Worth Police Officers (Officers). The Texas Local Government Code states that for the Agreement to be enforceable and binding on the City and the Officers, a secret ballot election must be conducted at which a majority vote of the members of the FWPOA vote in favor of ratifying the Agreement. Further, the City Council must ratify the Agreement by a majority vote. According to a letter dated May 5, 2017, from Rick Van Houten, the President of the FWPOA, to the City, the FWPOA conducted an election to ratify the tentative labor Agreement. The letter reports that 92.5 percent of the votes cast were in favor of ratification of the Agreement. Ratification by the City Council of this Agreement will put it into effect and cause this Agreement to supersede any conflicting state or local law. The attached draft of the Agreement may be subject to minor changes as the City and the FWPOA finalize the exact language in the Agreement. Key new provisions in the Agreement include:
1. Modification of hiring procedures for entry-level, lateral hires from other law enforcement agencies, and reappointed officers to create consistency in the hiring process, and providing greater flexibility and hiring capabilities to the Police Chief in recruiting lateral hires from other law enforcement agencies;
2. Allows the City to conduct entry-level testing electronically, online and in places other than in Fort Worth;
3. Creation of 1,000 hours of Premium Association Business Leave which FWPOA Board members may use to earn City overtime or comp time for certain FWPOA meetings or events requires Chief approval;
4. Modification of disciplinary procedures including additional disclosure requirements to officers, and permits an Acting Chief, Assistant Chief, Deputy Chief, and Commander to impose disciplinary suspensions;
5. Allows the Civil Service Commission or Independent Hearing Examiner, on appeal, to reduce an indefinite suspension to a suspension of up to 90 days, rather than up to 15 days.
6. For Special Events, as designated by the Chief, officers who are required to work at a Special Event will be given advance notice and will be paid double time for working the Special Event if they are not given the required advance notice, and certain approved vacation leave will count towards overtime for officers working Special Events;
7. Permits officers who work a 10-hour per day shift to receive 10 hours of Holiday Pay or Holiday Leave, for a City holiday, rather than 8 hours. This provision will begin no later than the 2017 Thanksgiving Holiday;
8. Allows the Police Chief to use civilian personnel for Digital Forensics and PIA and subpoena responses in addition to Jail or Crime Scene staffing which was previously permitted;
9. Increases Physical Fitness Incentive to officers for passing a physical fitness test from $300.00 to $1,000.00 and discontinues further City contributions into an HRA for certain officers that was previously established;
10. Increases in Educational and Certification Incentive Pays and permits officers to receive both incentives. This provision will become effective the first pay period in October 1, 2017;
11. One-year evergreen period to extend the Agreement no later than September 30, 2021;
12. Permits the clarification or interpretation of any provisions with a Memorandum of Understanding approved by the Association's Executive Board, the City Manager or Assistant City Manager, and signed by the parties' authorized representatives;
13. Grants a lump sum contract approval payment to each officer who is commissioned and covered by the Agreement as of June 1, 2017. It is anticipated that this amount will not exceed $1,400.00 for each officer; and
14. Creation of a Commander rank which is an exempt position and shall fall immediately below the rank of Deputy Chief. The three appointed ranks under the new Agreement will be titled Assistant Chief, Deputy Chief, and Commander. All appointed ranks are exempt from competitive examination and instead made by discretionary appointment of the Chief. An Officer appointed to Assistant Chief, Deputy Chief, or Commander, may be demoted at the exclusive discretion of the Chief and shall have no right to appeal the demotion from the appointed rank. The City Council may choose to create up to 10 appointed positions including both the ranks of Assistant Chief and Deputy Chief and up to 6 appointed positions in the rank of Commander. Appointments to the rank of Commander will not reduce the number of Captains nor reduce the authorized strength of the department. Compensation for the rank of Commander, like the ranks of Assistant Chief and Deputy Chief will be set by the Chief.
15. Pay increases for officers for each year of the four-year contract are as follows:
Fiscal Year 2016-2017: 2.2 percent across-the board increase payable in the first pay period following June 1, 2017, plus annual 2.5 percent or 5 percent step pay increases for those Officers eligible on their applicable anniversary date;
Fiscal Year 2017-2018: 2 percent across-the-board increase payable in the first pay period following October 1, 2017, plus annual 2.5 percent or 5 percent step pay increases for those Officers eligible on their applicable anniversary date;
Fiscal Year 2018-2019: 3.1 percent across-the-board increase payable in the first pay period following October 1, 2018, plus annual 2.5 percent or 5 percent step pay increases for those Officers eligible on their applicable anniversary date; and
Fiscal Year 2019-2020: 3.1 percent across-the-board increase payable in the first pay period following October 1, 2019, plus annual 2.5 percent or 5 percent step pay increases for those Officers eligible on their applicable anniversary date.
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