Res 2015-118/approving a Meet and Confer Agreement between the San Marcos Police Officers’ Association and the City of San Marcos

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2015 -2018 Meet and Confer Agreement Between the San Marcos Police Officers' Association and the City of San Marcos, Texas respective ranking of all promotional candidates based on the candidate's final score based on the formula specified in B (4.) of this Article. Section 3. Written Promotional Exam Grades Every candidate taking a Corporal or Sergeant promotional examination must score a minimum of 70 on the written exam to be eligible for seniority points. For example, a candidate scoring 69, the final grade is 69 and is not considered a passing score. A candidate scoring 70 will have seniority points added to their score. Section 4. Life of the Eligibility List Every promotional eligibility list shall be valid for a period of eighteen (18) months after the date of the written examination or Assessment Center, notwithstanding any pending disputes, appeals or litigation concerning an applicant's score or right to promotion, unless the list is exhausted. Section 5. Rule of Three A. Effective October 1, 2016, when a vacancy occurs and a promotional eligibility list exists, the Chief shall make the promotion of the number one candidate on the eligibility list unless the candidate has received any one of the following in the one year immediately preceding the date of appointment: 1. A temporary suspension of more than three (3) days; and /or 2. A demotion in rank, whether voluntary or involuntary. B. In such event, the Chief may pass over the number 1 candidate. Likewise, if the number 2 candidate on the eligibility list has received one or both of the aforementioned discipline and /or demotion, the Chief may pass over the number 2 candidate, etc. C. Notice of Passover: If the Chief intends to pass over a candidate, the Chief shall give notice to that candidate prior to notification of the candidate the Chief intends to promote. The Chief shall give 24 hours written notice to the candidate(s) of the pass over. In the event of exigent circumstances, which result in the Chief being unable to notify the candidate(s) of his /her pass -over, the Chief shall notify the association president or designee. D. If a candidate on the eligibility list is passed over for a reason(s) mentioned above, he /she shall have no right of appeal to th e Commission, or to arbitration through any grievance procedure, or to any judicial or administrative body. Section 6. Preemption This Article preempts any conflicting state statutes (including Texas Local Government Code Chapters 141,142, and 143), local ordinances, executive orders, civil service provisions, or rules adopted by the Chief of Police or City or by any division or agent of the City, including any City personnel board and the Firefighters and Police Officers Civil Service Commission, as provided by Texas Local Government Code Section 142.067. PAGE 20