Docstoc

Texas Chief of Police Employment Contract - DOC

Document Sample
Texas Chief of Police Employment Contract - DOC Powered By Docstoc
					                                    CITY OF LAREDO
                            SPECIAL CITY COUNCIL MEETING
                                       M2007-SC-09
                               CITY COUNCIL CHAMBERS
                                 1110 HOUSTON STREET
                                  LAREDO, TEXAS 78040
                                    OCTOBER 30, 2007
                                        12:15 P.M.
I.     CALL TO ORDER

       With a quorum present, Mayor Raul G. Salinas called the meeting to order.

II.    PLEDGE OF ALLEGIANCE

       Mayor Raul G. Salinas led in the Pledge of Allegiance.

III.   ROLL CALL

       In attendance:

       Raul G. Salinas,                                     Mayor
       Mike Garza,                                          Council Member, District I
       Hector Garcia,                                       Council Member, District II
       Michael Landeck,                                     Council Member, District III
       Johnny Amaya,                                        Council Member, District IV
       Johnny Rendon,                                       Council Member, District V
       Gene Belmares,                                       Mayor Pro Tem, District VI
       Juan Chavez                                          Council Member, District VII
       Juan Ramirez,                                        Council Member, District VIII
       Gustavo Guevara, Jr.,                                City Secretary
       Carlos Villarreal,                                   City Manager
       Cynthia Collazo,                                     Deputy City Manager
       Jesus Olivarez,                                      Assistant City Manager
       Raul Casso,                                          City Attorney

IV.    Discussion with possible action regarding setting the minimum qualifications of the
       position of the Chief of Police.

       Carlos Villarreal, City Manager, advised that he had provided information in the Friday
       packet. He stated that the City would have a fair and open process for selecting the
       position of the Chief of Police. He advised that he would be meeting with all the members
       of the Police Department either at the department or to the different shifts to meet with all
       the members of the Police Department to be able to provide and bring to City Council. He
       added that staff would have them complete a general survey that would allow them the
       opportunity to express who they would like to see be the Chief. He noted that he has
       already received comments from the LPOA regarding the Police Chief. He explained that
       the survey will not be signed by the officers to avoid internal problems. He informed
       Council of the minimal qualification for the new Chief. He noted that the process should be
       completed in January of 2008 then he will return with recommendations.
Cm. Landeck discussed the accredited and non-accredited issue mentioned that Harvard is a
non accredited university but the City of Laredo would be interested in an applicant with a
degree from there. He said that the City of Laredo would be much safer following the
 guidelines from the Texas Hiring Coordinating Board rather than accredited or non
accredited. He encouraged the City Manager to change the language in the guidelines for a
Chief to read law enforcement experience rather than municipality experience.

Cm. Garcia asked for a motion to be created for changes.

Motion to change the language from an accredited college or a university in Criminal
Justice to a bachelor’s from a college or a university acknowledged by the Texas Hiring
Coordinating Board.

Moved: Cm. Landeck
Second: Cm. Garcia
For: 8                               Against: 0                            Abstain: 0

Cm. Ramirez asked about the Civil Rights of 1964 Title Seven where it states that use of
experience could be equal to years of service.

Motion to accept the wording of “equivalent” to the rank of a Lieutenant with the Police
Department in the application process.

Moved: Cm. Garcia
Second: Cm. Amaya
For: 8                               Against: 0                            Abstain: 0

Cm. Garza explained that the application should include some statistics and demographics
from the Laredo area. He agreed in hiring an outside firm for the hiring position.

Cm. Garcia asked the City Attorney if City Council could base their contract similar to the
City Manager’s contract. He asked if they could include a clause applying a penalty for a
breach of contract if he/she is convicted.

Raul Casso, City Attorney, explained that civil penalties are unenforceable. He advised
City Council not to consider adding any type of clause regarding penalties.

Police Chief – Recruitment October 2007

Table of Contents

1. Recommended Minimum Qualifications/Current Recruitment Bulletin

2. Minimum Requirements: Local Government Code – Collective Gargaining

3. Survey (6 index cities)

4. Advertisement Plan

5. Miscellaneous Information
                                          2
1. Recommendation for Minimum Requirements for the position of Police Chief

Bachelor’s Degree from a Texas Higher Education Coordinating Board in Criminal Justice
or related field required. Master’s degree in Law Enforcement, Business Administration,
Public Administration or related field preferred.
-AND-
Twelve (12) years of increasingly responsible professional experience in law enforcement ,
including seven (7) years of senior command (no lower than the rank of lieutenant),
administrative, or supervisory responsibility, preferably in the department of comparable
size and complexity within a municipality.
-AND-
A valid certification as a law enforcement officer from the Texas Commission on Law
Enforcement Officers Standards and Education (T.C.L.E.O.S.E); Advanced Peace Officer
License is required; FBI National Academy graduate preferred.

Must maintain all licenses and certifications throughout the course of employment.
Valid Texas Drivers License
If applicant hold an out-of-state license, a State of Texas Driver’s License must be obtained
prior to employment. Must have an acceptable driving record.

2. Minimum Requirements: Local Government Code – Collective Bargaining

Police Chief:

Texas Local Government Code (Chapter 143) Requirement (s)

143.013         Appointment and Removal of Department Head.

(a) Unless elected, each department head is:

(1) Appointed by the municipality’s chief executive and confirmed by the municipality’s
governing body; or (2) in a municipality having an elected fire or police commissioner,
appointed by the fire or police commissioner in whose department the vacancy exists and
confirmed by the municipality’s governing body.

(b) A person appointed as head of a fire department must be eligible for certification by the
Commission on Fire Protection Personnel Standards and Education at the intermediate level
or its equivalent as determined by the commission and must have served as a fully paid fire
fighter for at least five years. A person appointed as head of a police department must be
eligible for certification by the Commission on Law Enforcement Officer Standards and
Education at the intermediate level or its equivalent as determined by that commission and
must have served as a bona fide law enforcement officer for at least five years.

(c) Except as provided by Subsection (d), if a person is removed from the position of
department head, the person shall be reinstated in the department and placed in a position
with a rank appointment as department head. The person retains all rights of seniority in
the department.


                                          3
(d) If a person serving as department head is charged with an offense in violation of civil
service rules and is dismissed from the civil service or discharged from his position as
department head, the person has the same rights and privileges of a hearing before the
commission and in the same manner and commission finds that the charges are untrue or
unfounded, the person shall immediately be restored to the same classification that the
person has all the rights and privileges of the prior position according to seniority and shall
be paid his full salary for the time of suspension.

Assistant Police Chief:

Collective Bargaining Requirement (s)

(D) Designated Health Benefit Contribution. Nothing shall preclude the Association and
Employer from mutually agreeing upon a designated fund within the City for health
insurance payments for retirees and their spouses in lieu of a trust. Should such an
agreement be reached, the contract shall be amended to reflect the amendments.

Article 22

Assistants to the Chief of Police

Effective upon the execution of this Agreement, the Chief of Police is authorized to seek
budgetary appropriation and upon obtaining such, to fill the position of one (1) additional
Assistant Chief of Police and two (2) additional Deputy Chiefs of Police for a total
authorization of two (2) Assistant Chiefs and three (3) Deputy Chiefs. All of these Deputy
Chiefs and Assistant Chiefs shall be required to have a minimum of ten (10) years of
experience as a Laredo Police Officer. The Chief Police shall have the right to appoint, and
to demote the appointees to the two (2) immediate subordinate positions designated as
Assistant Police Chief and the three (3) subordinate positions of Deputy Police Chief.

22.2 Such appointments shall be from within the ranks of the Laredo Police Department.
Any person appointed to either of such positions may be removed by the Chief of Police
and be returned to the same classification which the person held at the time of appointment
of either of the above positions without loss of seniority.

22.3 Such appointment, or demotion, shall be at the sole discretion of the Chief of Police,
subject to Article 13 Section 13.1 E and such appointment or demotion shall not be
appeal able or referable to the grievance committee or the Civil Service Commission or to
any other body, whether administrative or judicial. An employee appointment under this
Article shall be compensated in accordance with the provisions of the ordinance which
establishes the position or positions.

143.014 Appointment and Removable of Person Classified Immediately Below Department
Head.

(a) This section does not apply to a municipality with a population of 1.5 million or more.
(b) If approved by the governing body of the municipality by resolution or ordinance, the
head of a fire or police department in the municipality in which at least four classifications
exist below the classification or department head may appoint each person occupying an
authorized position in the classification immediately below that of department head, as
                                            4
prescribed by this section. The classification immediately below that of department head
may include a person who has a different title but has the same pay grade.
(c) In a police department, the total number of persons appointed to the classification
immediately below that of one, serving in that classification on January 1, 1983. In a fire
department in a municipality having fewer than 300 certified fire fighters, the department
head may appoint not more than one person to the classification immediately below that of
department head. If a municipality has 300 to 600 certified fire fighters, the department
head may appoint two persons to the classification. If a municipality has more than 600
certified firefighters, the department head may appoint three persons to the classification.
This subsection does not apply to a municipality that has adopted The Fire and police
Employee Relations Act (Article 5154c-1, specifically adopts the appointment procedure
prescribed by this subsection through the collective bargaining process.
(d) A person appointed to a position in the classification immediately below that of the head
of the police department must: 1. be employed by the municipality’s police department as a
sworn police officer; 2. have at least two years’ continuous service in that department as a
sworn police officer; and 3. meet the requirements for appointment as head of a police
department prescribed by Section 143.013
(e) A person appointed to a position in the classification immediately below that of the
head of the fire department must 1. be employed by the municipality’s fire department; 2.
have a permanent classification in at least an officer level; 3. meet the requirements for
appointment as head of a fire department prescribed by Section 143.013.
(f) The department head shall make each appointment under the section within 90 days
after the date a vacancy occurs in the position.
(g) A person appointed under this section serves at the pleasure of the department head. A
person who is removed from the position by the department head shall be reinstated in the
department and placed in the same classification, or its equivalent, that the person held
before appointment. The person retains all rights of seniority in the department.
(h) If a person appointed under this section is charged with an offense in violation of civil
service rules and indefinitely suspended by the department head, the person has the same
rights and privileges of a hearing before the commission in the same manner and under the
same conditions as a classified employee. If the commission, a hearing examiner, or a court
of competent jurisdiction finds the charges to be untrue or unfounded, the person has all the
rights and privileges of the prior position according to seniority, and shall be repaid for any
lost wages.
(i) A person serving under permanent appointment in a position in the classification
immediately below that of the department head on September 1, 2983, is not required to
meet the requirements of this section or to be appointed or reappointed as a condition of
tenure or continued employment.

3. Survey (6 index cities)

1.   Brownsville, Texas               $107,000/yr            No salary range
2.   Corpus Christi, Texas            $103,000/yr            $98,216 to $121,408
3.   Harlingen, Texas                 $82,000/yr             $83,200 to $116,480
4.   San Antonio, Texas               $171,289.82/yr         $90,000 to $180,000
5.   El Paso, Texas                   $150,000/yr            $97,543.73 to $165,824
6.   McAllen, Texas                   $114,700/yr            $No salary Range



                                           5
4. Advertisement Plan

City of Laredo
Proposed Recruitment Plan-Police Chief, R45

1. National League of Cities                        Nation’s Cities-weekly magazine
2. ICMA                                             Public Management
3. Texas Municipal League                           TTC Texas Town and City Magazine
4. www.governmentjobs.com                           Online classified
5. Laredo Morning Times                             Various Ads
6. San Antonio, Texas; Dallas Texas;                Various suggested advertisement
   Fort Worth, Texas; Houston, Texas;
   Midland, Texas; Austin, Texas;
   Brownville, Texas; Corpus Christi, Texas;
   El Paso, Texas Newspapers
7. City of Laredo                                   Public Access Channel
8. City of Laredo                                   www.ci.laredo.tx.us
9. City of Laredo                                   Human Resources Offices – City Hall

5. Miscellaneous Information

Deputy Chief and Chief Deputy Salary by Agency Size

The data shows that there is a wide variance in salaries between departments by size for
assistant chief and chief deputy positions. There are also significant salary gaps between
departments within the same size of agency. The highest salary rates for captains were for
those in the 300 or more category. The entry mean for this group is $5,390. The lowerst
mean salary ranges at entry were in the 1 to 25 category with an entry mean of $2467. The
upper range of means followed the same pattern with a mean range of $2,612 for the
smaller agencies and $6291 for the larger agencies.

Deputy Chief and Chief Deputy Salary by Region

The data shows that there is a wide variance in salaries between departments by region for
assistant chief and chief deputy positions. There are also significant salary gaps between
department within the same region. The highest salary rates for captains were for those in
the Southeast Region. The entry mean for this group is $3,854. The lowest mean salary
ranges at entry were in the Southwest Region with an entry mean of $1,967. The upper
range of means followed the same pattern with a mean range of $2009 for the Southwest
Region and $,446 for Southeast Region.

Chief Administrators

The pay for chief administrators followed a slightly different but similar pattern. The mean
entry salary for the 601 departments reporting was $3347 per month. The range of salaries
for all departments for entry chief administrators was from $600 per month to $9956 per
month. The mean of top salaries for chief administrators was $3900 per month. The top
salary for chief administrators was $12111. The means are lower for chief administrators
than for some subordinate ranks, such as major, because there are significantly more
agencies reporting chief administrator salaries which include more of the smaller agencies.
                                           6
     As has already been reported smaller agencies have lower salary schedules than larger
     agencies. The ranges for some of these positions in very small rural constable’s offices are
     very low because they are essentially part-time positions. Current salaries for chief
     administrators were ported to average $3656.

     Chief Administrator Salary by Agency Type

     The data shows that there is a significant variance in salaries for chief administrators
     between department by type. The highest salary rates for entry chief administrators were for
     departments in the independent school district category. The entry mean for this group is
     $3908. The lowest mean salary rates at entry were in constables’ offices at $2777.

     Chief Administrator Salary by Agency Size

     The data shows that there is a wide variance in salaries between departments by size for
     chief administrator positions. There are also significant salary differences between
     departments within the same size of agency. The highest salary rates for chief administrator
     were for those in the 300 or more category. The entry means for this group is $6497. The
     lowest mean salary rates at entry were in the 1 to 25 category with an entry means of
     $2685. The upper range of means followed the same pattern with a mean range of $3039
     for the smaller agencies and $8034 for the larger agencies.

     Chief Administrator Salary by Region

     The data shows that there is wide variance in salaries between departments by region for
     chief administrator positions. There are also significant salary gaps between departments
     within the same region. The highest salary rates for chief administrator were for those in
     the Southeast Region. The entry mean for this group is $4037. The lowest means salary
     ranges at entry were in the Southwest Region with an entry mean of $2535. The upper
     range of means followed the same pattern with a mean range of $2692 for the Southwest
     Region and $4462 for the Southeast Region.

     The above salary information by agency type, agency size, and geographic region is
     descriptive in nature. Analysis of variance (ANOVA) statistical tests were run against the
     mean data for the various groups. All the salary variances between department types,
     agency size, and geographical region for all of the ranks were different at a statistically
     significant level, except for the variation among majors.

V.   EXECUTIVE SESSION

     The City Council hereby reserves the right to go into executive session at any time during
     this public meeting, if such is requested by the City Attorney or other legal counsel for the
     City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to
     consult privately with his or her client on an item on the agenda, or on a matter arising out
     of such item.




                                                7
VI.   ADJOURNMENT

      Motion to adjourn.

      Moved: Mayor Pro Tempore Belmares
      Second: Cm. Amaya
      For: 8                         Against: 0   Abstain: 0




                                         8

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:57
posted:7/22/2010
language:English
pages:8
Description: Texas Chief of Police Employment Contract document sample