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Proposed 2019-2022 Meet and Confer Agreement <br />Between the San Marcos Police Officers' Association and the City of San Marcos, Texas <br />3. A combination of a minor suspension of less than three days and another substantiated policy <br />violation(s)/violations resulting in at least a written reprimand. <br />In such event, the Chief may pass over the number 1 candidate. Likewise, if the number 2 candidate <br />on the eligibility list has received one or both of the aforementioned discipline and/or demotion, the <br />Chief may pass over the number 2 candidate, etc. <br />C. Notice of Passover: <br />If the Chief intends to pass over a candidate, the Chief shall give notice to that candidate prior to <br />notification of the candidate the Chief intends to promote. In the event of exigent circumstances, <br />which result in the Chief being unable to notify the candidate(s) of his/her pass -over, the Chief shall <br />notify the association president or designee. <br />D. If a candidate on the eligibility list is passed over for a reason(s) mentioned above, he/she shall have <br />no right of appeal to the Commission, or to arbitration through any grievance procedure, or to any <br />judicial or administrative body. <br />Section 6. 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 />Chief of Police 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 21 <br />