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

Home Browse Search

2015 -2018 Meet and Confer Agreement Between the San Marcos Police Officers' Association and the City of San Marcos, Texas B. Retaliation or the threat of retaliation by an Officer, or by an individual at the direction of the Officer, against a complainant or a witness is strictly prohibited. A sustained violation of this subsection shall result in either a temporary or indefinite suspension. C. If an Officer is suspended for an alleged violation of subsection b, the Officer shall have the right to appeal the suspension to the Civil Service Commission or to an Independent Third Party Hearing Examiner pursuant to the provisions of this Agreement and Chapter 143 of the Texas Local Government Code. The Commission or the Hearing Examiner shall decide whether the specific charge related to this Section is true. If the charge is found to be true, the Commission or Hearing Examiner must affirm the disciplinary action and cannot amend, modify, or reduce the period of disciplinary suspension. Sections 143.053(e) & (f) of the Texas Local Government Code are hereby superseded to the extent of any conflict with this Section. Section 5. Right to Representation An Officer who is the subject of an investigation or administrative inquiry shall have the right to be represented by either an attorney or an ASSOCIATION representative of the Officer's choice during an interview, provided the attorney or representative complies with the Office of Professional Conduct interview protocol. An Officer shall have the right to be represented by either an attorney or an ASSOCIATION representative of the Officer's choice during an administrative hearing conducted for the purpose of determining whether the Department shall take disciplinary action for alleged misconduct. Section 6. Violation of Officer's Rights If the Department or any investigator violates any of the provisions of this Article or of Section 143.312 of the Texas Local Government Code while conducting an investigation, the violation may be considered by the Civil Service Commission or a Hearing Examiner in any disciplinary appeal hearing if the violation substantially impaired the Officer's ability to defend against the allegations of misconduct. Section 7. Alternative Discipline by Agreement In considering appropriate disciplinary action, the Police Chief may require that an officer be evaluated by a qualified professional designated by the Police Chief. If that professional recommends a program of counseling and /or rehabilitation for the officer, the Police Chief may offer the officer the opportunity to enter into an alternative disciplinary agreement under which the officer would agree to successfully complete the recommended program of counseling or rehabilitation. The program of counseling and /or rehabilitation will be completed on the officer's off duty time, unless the Police Chief approves the use of accrued vacation leave or sick leave. The officer shall be responsible for paying all costs of the program of counseling and /or rehabilitation, which are not covered by the officer's health insurance plan. If the officer's misconduct involved alcohol related behavior, the Police Chief may require that the officer submit to mandatory alcohol testing, when ordered by the Police Chief, for a specified period of time. If the officer accepts the opportunity for agreed alternative discipline, the officer may not appeal any terms of the Agreement. If the officer fails to successfully complete the program of counseling and /or rehabilitation recommended by the designated professional the officer may be face additional disciplinary action. Furthermore, in considering the appropriate discipline the Police Chief may allow the officer may enter into an alternative disciplinary agreement under which the officer would agree to successfully complete PAGE 30