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 ARTICLE 16 PROTECTED RIGHTS OF OFFICERS Section 1. Effect of Article The following provisions shall apply to the administrative investigation of alleged misconduct by SMPD officers and the process of administrative discipline. To the extent of any conflict between this Agreement and the provisions of Chapter 143 of the Texas Local Government Code, the provisions of this Agreement shall control. To the extent of any conflict between this Article and any other provision of this Agreement, this Article shall control. Section 2. Definitions In this Article: A. "Complaint" means any affidavit, administrative referral, or other document setting forth allegations or facts that may form the basis of future allegations of misconduct against an Officer and which serves as the basis for initiating an investigation. B. "Complainant" means either a person claiming to be a witness to or a victim of misconduct by an Officer; or the Department designee in the case of an anonymous complaint or administrative referral. C. "Disciplinary Action" means suspension, indefinite suspension, demotion in rank, or any combination of those actions. D. "Investigation" means an inquiry into the alleged misconduct by an Officer that could result in disciplinary action. E. "Investigator" means any agent or employee of the municipality who is assigned to conduct an administrative investigation. F. "Statement" means any communication (oral or written) setting forth particulars or facts regarding the alleged misconduct under investigation. G. "Evidence" means statements, reports, records, recordings, documents, computer data, text, graphics, videotape, photographs, or other tangible forms of information, including a "complaint". Section 3. Access to Records by Officers A. Not less than forty-eight (48) hours before the Officer who is the subject of an investigation provides a statement to an investigator, the Officer shall be provided a copy of the complaint(s). The Department may omit the name and/or identity of the person making the complaint. In the event that the complaint(s) does not contain all allegations of misconduct under investigation, not less than forty-eight (48) hours before the investigator begins the initial oral or written interview of the Officer, the investigator must inform the Officer in writing of the additional allegations being investigated. This subsection does not apply to an administrative hearing conducted for the purpose of determining whether the Department shall take disciplinary action against an Officer for alleged misconduct. B. Before the Officer who is the subject of an investigation provides a statement to an investigator, the Officer and his representative(s) shall be provided an opportunity to review any videotape, PAGE 28