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2015 -2018 Meet and Confer Agreement <br />Between the San Marcos Professional Firefighters Association and the City of San Marcos, Texas <br />C. Battalion Chief <br />1. A Fire Captain is not eligible for promotion to the classification of Battalion Chief unless <br />the Fire Captain has served in the Department in the next lower classification for at least <br />two years immediately before the Fire Captain promotional examination date. <br />2. If there are not at least two Captains meeting the requirements outlined above with two <br />years of service to take the examination, the Director may open the examination to <br />Captains who meet the requirements as follows: <br />a. First, Captains with less than two years of service <br />b. Second, if there are insufficient Captains in step "a" above, all Captains <br />c. Third, if there are insufficient Captains in steps "a" and "b" above, then <br />Driver /Engineers with at least seven years or more of service and meeting <br />requirements. <br />Section 2. Preemption <br />This Article preempts any conflicting state statutes (including Texas Local Government Code Chapters <br />141, 142, and 143), local ordinances, executive orders, civil service provisions, or rules adopted by the <br />Fire Chief or City or by any division or agent of the City, including any City personnel board and the <br />Firefighters and Police Officers Civil Service Commission, as provided by Texas Local Government Code <br />Section 142.067. <br />Page 19 <br />