Res 2019-141/approving a Meet and Confer Agreement between the San Marcos Police Officers’ Association and the City of San Marcos

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Proposed 2019-2022 Meet and Confer Agreement Between the San Marcos Police Officers' Association and the City of San Marcos, Texas D. Officers who "volunteer" their time, without remuneration of any type, may work events and neither the Officer nor the Association may assert any violation of this Article should another Officer volunteer to work the event at the facility. "Volunteers" are not exempt from the requirements for off-duty employment of City facilities, even where such volunteers under this paragraph are working on City facilities, and written permission for volunteers to work on City facilities must be approved by the Office of the Chief or his designee. E. Nothing in this Article precludes the City from utilizing personnel from private security companies to provide day-to-day security for any City facility including the facilities listed paragraph A above. F. The Police Department shall first be required to call or otherwise make available the opportunity for off-duty placement to SMPD personnel, and then to non-SMPD certified peace officer City employees. After having done so, the City may fill any remaining need for certified personnel with employees of other agencies outside the City organization. G. This article is conditioned on the Association obtaining and coordinating any paperwork necessary to comply with the Private Security Act of Texas or other applicable law. H. Section 7(p)(1) of the Fair Labor Standards Act (FLSA) makes special provisions for officers of public agencies that, at their own option, perform off-duty employment. This FLSA section and regulation provides that the City may facilitate the employment or affect the conditions of the Officer's off- duty employment. Additionally, the City may keep a roster and select from the roster, negotiate the Officer's pay, retain a fee for administrative expenses, require the individuals who are hiring the Officers to pay the costs directly to the City and establish procedures for the Officers to receive their pay, and require Officers to observe normal standards of conduct during their off-duty employment and enforce such requirements through disciplinary action. I. Nothing herein is intended or designed to impugn the separate and independent employer relationship of outside interests utilizing City facilities. The City and the Association have a continued relationship within the scope of the Agreement that allows the City to negotiate Officer pay rates and conditions of off-duty employment while maintaining a separate and independent status from the individuals contracting to utilize these City facilities and off-duty Police Officers. J. Officers participating in the off-duty employment opportunities provided through this Agreement are working off-duty for the lessees of City facilities and not for the City or the Department. In the event of any ruling or holding by a Court or any determination by the Department of Labor that non-payment by vendors makes the City liable for FLSA overtime as the employer of officers, the City may require that officers sign an agreement agreeing to look solely to the vendor for payment. K. In the event of any ruling or holding by a Court or any determination by the Department of Labor that results in altering or changing the benefits provided by this Agreement under this Article or challenges the ability of the City to determine compensation under this Article, or results in any liability to the City, the provisions of this Article shall immediately become null and void. PAGE 27