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2023-2026 Meet and Confer Agreement <br />Between the San Marcos Professional Firefighters Association and the City of San Marcos, Texas <br />ARTICLE 11 <br />MINOR SUSPENSIONS <br />Section 1. Use of Leave In Lieu of Minor Suspension Without Pay <br />If a Member of the bargaining unit received a statement of suspension without pay of 48 hours or less for shift <br />personnel or 32 hours or less for staff personnel, the Member of the bargaining unit may, within three (3) business <br />days of receipt of the suspension, forfeit vacation or holiday time equal to the length of the suspension, to serve the <br />suspension with no break in service for purposes of seniority or promotion. The forfeited vacation or holiday time <br />will not constitute hours worked. In the event a member of the bargaining unit has received a disciplinary suspension <br />within the preceding twenty-four (24) month period, the Member may only forfeit vacation or holiday time with the <br />Department head's permission. The Member must agree that there is no right to appeal the suspension or right of <br />review before any administrative body orjudicial body if this method of suspension is chosen and the firefighter must <br />sign a waiver of appeal and agree to the suspension. <br />Section 2. Appeal <br />Firefighters who receive a suspension without pay of 24 hours or less for shift personnel or 16 hours or less for staff <br />personnel may only appeal their suspension, unless waived in accordance to Section 1 above, to the Firefighters and <br />Police Officers' Civil Service Commission and the provisions of TLGC section 143.057 shall not apply to such <br />suspensions. The provisions of this section shall supersede TLGC 143.057, which shall not apply to suspensions of three <br />(3) calendar days or less. <br />Section 3. Preemption <br />The parties agree that the provisions of this Article preempt during the term of this agreement and to the extent of <br />any change or conflict, all contrary state statutes, including TLGC Section 143.057 and Section 143.085 local <br />ordinances, executive orders, civil service provisions, or rules adopted by the head of the fire department, the City of <br />San Marcos or by a division or agency of the city, such as a personnel board or a civil service commission. <br />Page 20 <br />