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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 18 <br />FIRE MARSHAL'S OFFICE <br />The Association has requested that the Fire Marshal's Office function be located in the Fire Department since the first <br />Meet and Confer negotiation. The incorporation of the Fire Marshal's Office in the Fire Department was negotiated <br />through this article. <br />Section 1. Fire Marshal's Office: <br />A. Requirements for promotion to Fire Marshal: <br />a. Rank of battalion chief or captain. <br />b. Texas Commission on Fire Protection Certificates: Inspector I, Inspector II, Plans Examiner, Fire and/or Arson <br />Investigator, Fire Officer IV, Fire and Life Safety Educator I, Advanced Firefighter. <br />c. Basic Peace Officer certification from the Texas Commission on Law Enforcement (TCOLE), or higher. Candidates for <br />promotion without the Basic TCOLE certification will be considered with the requirement to obtain within two (2) years as a <br />condition of continued appointment as Fire Marshal. <br />d. Seven (7) years of progressively responsible experience to include fire investigation and/or fire inspections with at least five <br />(5) years in the administrative, supervisory, and managerial aspects of fire prevention. <br />e. Must possess 60 college hours in Fire Prevention Technology, Public Administration, Urban Planning, or a related field with a <br />commitment to complete a bachelor's degree within five (5) years. Bachelor's degree is preferred. <br />The process to appoint a fire marshal shall include an email from the Fire Chief soliciting interested battalion chiefs <br />and captains, who meet the qualifications outlined in Section 1 above, and who are interested in being appointed as <br />the fire marshal. Interested candidates shall submit a cover letter and resume outlining how they meet the <br />qualifications to be considered for appointment. If more than one qualified candidate exists, the decision of which <br />candidate shall be appointed shall be at the sole discretion of the Fire Chief. The appointed individual will be assigned <br />as the Fire Marshal at the rank of Assistant Chief/Fire Marshal as outlined in Article 8, Section 1. <br />C. If there are no qualified candidates to serve as Fire Marshal, the Fire Chief shall have the right to appoint a Fire <br />Marshal from outside of the Department. The decision regarding qualified candidates will be made by the Fire <br />Chief. The Fire Chief will review the decision with the Association President. <br />D. Any Fire Marshal appointed from outside the department under 2(C) above, will not be a member of the classified <br />service at appointment and will not have the protections of civil service at employment or for the duration of <br />employment. <br />Section 2. Preemption <br />The parties agree that the provisions of this Article preempt during the term of this agreement and to the extent of any <br />change or conflict, all contrary state statutes, including TLGC 141, 142, and 143, including but not limited to sections <br />143.003, 143.014, 143.021, 143.102 and Section 143.085, local ordinances, executive orders, civil service provisions, or <br />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 <br />personnel board or a civil service commission. <br />Page 30 <br />