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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2019-2022 Meet and Confer Agreement Between the San Marcos Police Officers' Association and the City of San Marcos, Texas ARTICLE 14 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and Association recognize that from time -to -time disagreements between the Parties may arise as to the application or interpretation of this Agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable exclusive method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal is afforded by Subchapter D of Chapter 143 of the Texas Local Government Code are excepted from the scope of this Article. Section 2. Application of Procedure If either the City or the Association has a dispute with the other Party regarding this Agreement that Party should reduce the dispute to writing and deliver it to the other's designated representative, who for the Association shall be its President and for the City shall be its Chief or designee. An Officer may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association Grievance Committee and must also be signed by the Association President. Each grievance shall be written and state: 1) a brief statement of the dispute and the factual basis for the dispute; 2) identify the applicable sections of this Agreement alleged to have been violated; 3) identify the specific remedy or adjustment sought; and 4) be signed by the aggrieved Officer, or if filed by the Association, the Association President or Grievance Committee Chairman. Any claim or dispute by an employee or group of employees under this Agreement which includes a claim for pay or benefits for any past pay periods must be filed by the employee with the Association within thirty (30) calendar days of the date when the employee knew or reasonably should have known of the claim. Disputes by the Association or an aggrieved Officer must proceed following these steps: Step 1. An aggrieved Officer must submit his grievance to the Association Grievance Committee within thirty (30) calendar days of the date upon which the Officer knew of, or should have known of, the facts giving rise to the dispute the basis of the grievance. A complete copy of the grievance shall be forwarded to the Chief within three (3) calendar days of the submission to the Committee. The Association Grievance Committee shall meet within fourteen (14) calendar days of receipt of the grievance and determine whether a meritorious grievance exists. If the Grievance Committee determines that no meritorious grievance exists, it shall notify the Chief within three (3) calendar days of such determination and that no further proceedings will be necessary. If the Grievance Committee determines that a meritorious grievance exists, it shall proceed to submit the grievance to the Chief within five (5) calendar days of the date of the Committee determination. PAGE 25