Res 2022-203R/ Approving a meet and Confer Agreement between SM Police Officer's Assoication and the City of SM and delcaring effective date

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2022-2025 Meet and Confer Agreement Between the San Marcos Police Officers'. Association and the City of San Marcos, Texas ARTICLE 10 ASSOCIATION BUSINESS LEAVE Section 1. Time Off for Association Business An Association business leave time pool (the ABL Pool) shall be created for the purpose of conducting Association business. Association business is defined as time spent in Meet and Confer or similar negotiations, adjusting grievances, attending the annual State CLEAT conference, the Association's Executive Board meetings, and regular Association business -meetings. Section 2. Establishment of Association Leave Time Pool The ABL Pool shall be funded during the first pay date of each calendar year by reduction of accrued vacation leave in the amount of three (3) hours for each member of the San Marcos Police Officers Association with the approval of this agreement by a majority vote of the Police Officers of the San Marcos Police Department. Once a contribution has been made to the ABL Pool, there shall be no transfer of leave back into any individual officer's leave account and there will. be no cash payout for any remaining time in the Pool. Any bargaining unit member who does not wish to contribute their three (3) hours of vacation leave in any calendar year must provide notice in writing to the Director at least thirty (30) days prior to the beginning of that calendar year. Any hours not used will remain in the Pool to be utilized the following year. Such pool hours shall never have any cash or surrender value. The city will track contributions to and deductions from the ABL Pool. Section 3. Use of Association Business Leave Time Pool All use of Association business leave will be requested in writing by the Association President and submitted in advance for approval by the Chief. The Chief may waive the requirement that the request and approval be in writing. Requests for use of Pool time shall be made as far in advance as is practicable but no less than 48 hours before the date requested. There shall be no entitlement for overtime pay for any hours worked on Association business as such time is not for the benefit of the City but for the sole benefit of the Association. Unless approved by the Police Chief, not more than 3 members may be on ABL leave at the same time and such leave may be cancelled by the Police Chief in the event of an emergency or shortage of manpower as determined by the Chief which action shall not be reviewable by any administrative or judicial body or subject to grievance. Section 4. Indemnification THE ASSOCIATION SHALL JOINTLY DEFEND THE PROVISIONS OF THIS ARTICLE ON BEHALF OF BOTH PARTIES, AND SHALL INDEMNIFY THE CITY, ITS OFFICIALS AND EMPLOYEES, AND HOLD THEM HARMLESS AGAINST ANY AND ALL CLAIMS; DEMANDS, SUITS OR OTHER FORMS OF LIABILITY THAT MAY ARISE OUT OF, OR BY REASON OF, ANY ACTIONS TAKEN BY THE CITY FOR ANY PURPOSE OF COMPLYING WITH PROVISIONS OF THIS ARTICLE. THE ASSOCIATION SHALL BE ENTITLED TO SELECT AND DIRECT COUNSEL FOR SUCH DEFENSE BUT SHALL REASONABLY COOPERATE WITH COUNSEL DESIGNATED BY THE CITY ATTORNEY TO PARTICIPATE. PAGE 17