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 Section 5. Life of the Eligibility List Every promotional eligibility list shall be valid for a period of eighteen (18) months after the date of the Assessment Center, notwithstanding any.pending disputes, appeals or litigation concerning an applicant's score or right to promotion, unless the list is exhausted. Section 6. Rule of Three A. Effective October 1, 2016, when a vacancy occurs and a promotional eligibility list exists, the Chief shall make the promotion of the number one candidate on the eligibility list unless the candidate has received any one of the following in the two years immediately preceding the date of appointment: 1. A temporary suspension of more than three (3) days; and/or 2. A demotion in rank, whether voluntary or involuntary. 3. A combination of a minor suspension of less than three days and another substantiated policy violation(s)/violations resulting in at least a written reprimand. B. In such event, the Chief may pass over the number 1 candidate. Likewise, if the number 2 candidate on the eligibility list has received one or both of the aforementioned discipline and/or demotion, the Chief may pass over the number 2 candidate, etc. C. Notice of Passover: If the Chief intends to pass over a candidate, the Chief shall give notice to that candidate prior to notification of the candidate the Chief intends to. promote. In the event of exigent circumstances, which result in the Chief being unable to notify the candidate(s) of his/her pass -over, the Chief shall notify the association president or designee. D. If a candidate on the eligibility list is passed over for a reason(s) mentioned above, he/she shall have no right of appeal to the Commission, or to arbitration through any grievance procedure, or to any judicial or administrative body. Section 7. Examination Posting and Promotional Appointments If an eligibility list does not exist on the date a vacancy occurs, or a new position is created, the Director shall hold an examination to create a new eligibility list, Reading lists will be posted 90 days in advance of a test, as needed, and the notice of examination will be posted 30 days in advance of a promotional examination. The City shall endeavor to conduct promotional examinations so that promotional appointments can be made within 90 days of the date a vacancy occurs of a new position is created. Circumstances may extend that timeline. Corporals promoting to Sergeant will be made from the date of promotion with no backpay (reference out of class pay for corporals). Section 8. Preemption: This Article preempts any conflicting state statutes (including Texas Local Government Code Chapters 141, 142, and 143), local ordinances, executive orders, civil service provisions, or rules adopted by the Chief of Police or City or by any division or agent of the City, including any City personnel board and the Firefighters and Police Officers Civil Service Commission, as provided by Texas Local Government Code Section 142.067 and 143.036. PAGE 23