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 Section 4. Confidentiality of Records and Misuse of Information The access to records provided in this Article has been granted in exchange for the following agreements intended to insure confidentiality and to prevent retaliation or the threat of retaliation against any witness in an investigation: A. Information provided or made available for review remains confidential in the hands of the Officer and the Officer's representative pursuant to 143.089(g), Department policy, and orders of non- communication about internal investigations, except for consultations with counsel and/or ASSOCIATION representatives who are not involved in the investigation. B. Retaliation or the threat of retaliation by an Officer, or by an individual at the direction of the Officer, against a complainant or a witness is strictly prohibited. A sustained violation of this subsection shall result in either a temporary or indefinite suspension. C. If an Officer is suspended for an alleged violation of subsection B, the Officer shall have the right to appeal the suspension to the Civil Service Commission or to an Independent Third -Party Hearing Examiner pursuant to the provisions of this Agreement and Chapter 143 of the Texas Local Government Code. The Commission or the Hearing Examiner shall decide whether the specific charge related to this Section is true. If the charge is found to be true, the Commission or Hearing Examiner must affirm the disciplinary action and cannot amend, modify, or reduce the period of disciplinary suspension. Sections 143.053(e) & (f) of the Texas Local Government Code are hereby superseded to the extent of any conflict with this Section. Section 5. Right to Representation An Officer who is the subject of an investigation or administrative inquiry shall have the right to be represented by either an attorney or an ASSOCIATION representative of the Officer's choice during an interview, provided the attorney or representative complies with the Office of Professional Conduct interview protocol. An Officer shall have the right to be represented by either an attorney or an ASSOCIATION representative of the Officer's choice during an administrative hearing conducted for the purpose of determining whether the Department shall take disciplinary action for alleged misconduct. Section 6. Violation of Officer's Rights If the Department or any investigator violates any of the provisions of this Article while conducting an investigation, the violation may be considered by the Civil Service Commission or a Hearing Examiner in any disciplinary appeal hearing if the violation substantially impaired the Officer's ability to defend against the allegations of misconduct. PAGE 30