Title
Consider a memorandum/resolution ratifying a Meet and Confer Agreement with the Killeen Police Employee Association FOP Lodge 32.
Summary
DATE: May 17, 2022
TO: Kent Cagle, City Manager
FROM: Traci Briggs, City Attorney
SUBJECT: Ratify a Meet and Confer Agreement with Killeen Police Employee Association FOP Lodge 32
BACKGROUND AND FINDINGS:
On March 10, 2020, the City Council recognized the Killeen Police Employee Association FOP Lodge 32 (KPEA-FOP 32) as the exclusive bargaining agent for Killeen police officers and authorized the City to meet and confer with KPEA-FOP 32 regarding wages, hours of employment and other terms and conditions of employment of police officers pursuant to Texas Local Government Code chapter 142. (Resolution 20-16) KPEA-FOP 32 and the City Manager each created a bargaining agent. The City’s bargaining agent was the City Manager, the City Attorney and the Executive Director of Human Resources.
Both parties agreed that the main issue to address in the meet and confer process at this time was the promotional process. Civil service provides that promotional positions other than the position immediately below the Chief are filled strictly by a written exam. The parties agreed that a process involving an assessment center would be a more productive promotional system. An assessment center can include such activities as in-basket exercises, role playing, structured interviews or plan preparation. For a sergeant promotion, the written exam would count for 40% and the assessment center would count for 60%. For a lieutenant promotion, the written exam would count for 30% and the assessment center would count for 70%. In both cases, the candidate must make a passing score of seventy (70) points to be eligible to move on to the assessment center and to have seniority points added. For promotion to captain, there would be no written exam and only an assessment center would be conducted. The manner of calculating seniority points for all promotions would also be adjusted to be time in the rank immediately below that of the promotional position, as opposed to the current system of counting all years as a police officer. The City would be required to engage a consultant to develop an assessment center.
The parties have reduced these terms into the attached Meet and Confer Agreement. The agreement will be in effect until September 30, 2023, unless modified by both parties sooner, and the parties may agree to extend the agreement to March 1, 2024.
In order for a meet and confer agreement to be enforceable and binding, Texas Local Government Code 142 requires that the City Council and the recognized police association ratify the agreement. KPEA-FOP 32 conducted an election during the week of May 2, 2022, and the Meet and Confer Agreement was approved by a vote of 162 to 59.
THE ALTERNATIVES CONSIDERED:
The City Council may decline to ratify the Meet and Confer Agreement, or it may ratify the Meet and Confer Agreement.
Which alternative is recommended? Why?
Staff recommends that the City Council ratify the Meet and Confer Agreement. The City’s bargaining agent believes the terms of the agreement will be beneficial to the Killeen Police Department.
CONFORMITY TO CITY POLICY:
This item conforms to state law and city policy.
FINANCIAL IMPACT:
What is the amount of the expenditure in the current fiscal year? For future years?
The Meet and Confer Agreement requires engagement with a consultant to develop the assessment center as well as assist in selection of assessors. Staff is preparing a request for proposals to advertise for vendors, but the specific costs are not known at this time. The item will come forward to the City Council at a later date.
Is this a one-time or recurring expenditure?
N/A
Is this expenditure budgeted?
N/A
If not, where will the money come from?
N/A
Is there a sufficient amount in the budgeted line-item for this expenditure?
N/A
RECOMMENDATION:
Staff recommends that the City Council ratify the Meet and Confer Agreement with the Killeen Police Employee Association FOP Lodge 32.
DEPARTMENTAL CLEARANCES:
Legal
ATTACHED SUPPORTING DOCUMENTS:
Notice of Ratification
Agreement