Res 2023-121R/Approving a meet and confer agreement between the San Marcos professiona Firefighters association local #3963 and the city of San Marcos.

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2023-2026 Meet and Confer Agreement Between the San Marcos Professional Firefighters Association and the City of San Marcos, Texas ARTICLE 8 APPOINTMENT OF ASSISTANT CHIEF Provisions contained in this article A�.ticle ? are effective immediately ufa sn ratification ander roval of this gr nient. Section 1. Appointment of Assistant Chief All promotions to the classification of Assistant Chief shall be exempt from competitive examination, and, instead, shall continue to be made by appointment by the Chief, at the Chief's discretion. The Fire Chief will not be required to make promotions to the classification of Assistant Chief within any specific time period. Any person appointed as Assistant Chief may be demoted to their prior tested rank or equivalent as stated in Article 8, at the discretion of the Fire Chief and shall have no right to prior notice, statement of charges or to grieve or appeal such demotion. Neither the Civil Service Commission nor any Arbitrator or court shall have any jurisdiction, power or authority to investigate or review such demotion or alter the terms of any demotion. Section 2. Additional Assistant Chief Position(s) A. A second Assistant Chief position is authorized. The additional Assistant Chief position shall also be exempt from competitive examination and shall be appointed by the Fire Chief, at the Fire Chief's sole discretion and subject to the provisions of Section 1 above. B. A third Assistant Chief position is authorized to serve as the Fire Marshal. The additional Assistant Chief position shall also be exempt from competitive examination and shall be appointed by the Fire Chief, at the Fire Chief's sole discretion and subject to the provisions of Section 1 above. If no internal candidates are identified by qualifications, the provisions in Article 18 include provisions to hire from outside the classified service. Section 3. Fire Based EMS (see also article 13) In the event the City implements fire -based EMS, an additional Assistant Chief position is authorized (fourth assistant Chief), if the City elects to assign staff at that rank. Appointments made within three years of the appointment of the first person hired under this provision, will be open to qualified candidates from outside of the Department. Candidates appointed under this Section shall not be members of the classified service at appointment and will not have the protections of civil service at employment or for the duration of employment. Three years following the hiring of the first employee under this section, any vacancies in the position will be filled according to the provisions outlined in Section 1 above. Section 4. Preemption The parties agree that the provisions of this Article preempt during the term of this agreement and to the extent of any change or conflict, all contrary state statutes, including TLGC 141, 142, 143, Section 143.014, 143.102 and Section 143.085, local ordinances, executive orders, civil service provisions, or rules adopted by the head of the fire department, the City of San Marcos or by a division or agency of the city, such as a personnel board or a civil service commission. Page 13