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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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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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1/9/2023 4:31:52 PM
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Approving
Number
2022-203R
Date
9/15/2022
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2022-2025 Meet and Confer Agreement <br />Between the San Marcos Police Officers' Association and the City of San Marcos, Texas <br />ARTICLE 23 <br />INVESTIGATIONS AND DISCIPLINARY SUSPENSIONS <br />Section 1. Time Limit <br />All formal discipline shall comply with the time limits outlined below: <br />A. For alleged non -criminal violations, the Chief must file a written complaint within 180 days of <br />the occurrence of the alleged act and temporarily or indefinitely suspend the officer no later <br />than the 180" day after the date the complaint of the alleged violation is filed by the Chief. <br />B. For alleged sexual harassment violations, the Chief must file a written complaint within 300 <br />days of the occurrence of the alleged act (as defined in state or federal law) and temporarily <br />or indefinitely suspend the officer no later than the 180" day after the date the complaint of <br />the alleged violation is filed by the Chief. <br />C. For alleged criminal violations, the Chief must file a written complaint within 180 days of the <br />Chief's discovery of the alleged act and temporarily or indefinitely suspend the officer no later <br />than the 180"' day after the complaint of the alleged violation is filed by the Chief; provided, <br />however, the 180 -day period shall be extended for a period not to exceed 30 days after final <br />disposition of any pending criminal proceedings regarding the alleged act, <br />Section 2. Pausing of Deadlines <br />All deadlines relating to investigation and discipline prescribed by Chapter 143 of the Texas Local <br />Government Code and this Agreement, as well as any investigation and any resultant discipline, <br />may be paused at the Chief's discretion during the subject employee's state or federal mandated <br />leave including but not limited to family medical leave act (FMLA), active military assignment, and <br />workers' compensation. <br />Section 3 — Statutory Preemption: <br />To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government <br />Code, the agreement supersedes and pre-empts those provisions as permitted by Chapter <br />142.067 of the Texas Local Government Code, <br />PAGE 42 <br />
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