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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 22 <br />INVESTIGATIONS AND DISCIPLINARY SUSPENSIONS <br />Section 1. Time Limit <br />All formal discipline shall comply with the time limits outlined below: <br />A. If the Chief determines that a complaint should be filed for alleged non -criminal violations, the Chief must file a <br />written complaint within 180 days of the occurrence of the alleged act and temporarily or indefinitely suspend <br />the officer no later than the 1801h day after the date the complaint of the alleged violation is filed by the Chief. <br />B. If the Chief determines that a complaint should be filed for alleged sexual harassment violations, the Chief must <br />file a written complaint within 300 days of the occurrence of the alleged act (as defined in state or federal law) <br />and temporarily or indefinitely suspend the officer no later than the 1801h day after the date the complaint of <br />the alleged violation is filed by the Chief. <br />C. If the Chief determines that a complaint should be filed for alleged criminal violations, the Chief must file a <br />written complaint within 180 days of the Chief's discovery of the alleged act and temporarily or indefinitely <br />suspend the officer no later than the 1801h day after the complaint of the alleged violation is filed by the Chief; <br />provided, 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 Government Code and <br />this Agreement, as well as any investigation and any resultant discipline, may be paused at the Chiefs discretion during <br />the subject employee's state or federal mandated leave including but not limited to family medical leave act (FMLA), <br />active military assignment, and 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 Code, the agreement <br />supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. <br />Page 34 <br />