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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 />ARTICLE 11 <br />MINOR SUSPENSIONS <br />Section 1. Use of Leave In Lieu of Minor Suspension Without Pay <br />If a Member of the bargaining unit received a statement of suspension without pay of 24 hours or less for <br />shift personnel or 16 hours or less for staff personnel, the Member of the bargaining unit may, within <br />three (3) business days of receipt of the suspension, forfeit vacation or holiday time equal to the length of <br />the suspension, to serve the suspension with no break in service for purposes of seniority or promotion. <br />The forfeited vacation or holiday time will not constitute hours worked. In the event a member of the <br />bargaining unit has received a disciplinary suspension within the preceding twenty four (24) month <br />period, the Member may only forfeit vacation or holiday time with the Department head's permission. <br />The Member must agree that there is no right to appeal the suspension or right of review before any <br />administrative body or judicial body if this method of suspension is chosen and the firefighter must sign a <br />waiver of appeal and agree to the suspension. <br />Section 2. Appeal <br />Firefighters who receive a suspension without pay of 24 hours or less for shift personnel or 16 hours or <br />less for staff personnel may only appeal their suspension, unless waived in accordance to Section 1 <br />above, to the Firefighters and Police Officers' Civil Service Commission and the provisions of TLGC <br />section 143.057 shall not apply to such suspensions. The provisions of this section shall supersede TLGC <br />143.057, which shall not apply to suspensions of three (3) calendar days or less. <br />Section 3. Preemption <br />The parties agree that the provisions of this Article preempt during the term of this agreement and <br />to the extent of any change or conflict, all contrary state statutes, including TLGC Section 143.057 <br />and Section 143.085 local ordinances, executive orders, civil service provisions, or rules adopted by the <br />head of the fire department, the City of San Marcos or by a division or agency of the city, such as a <br />personnel board or a civil service commission. <br />Page 20 <br />