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ARTICLE 1 <br />RECOGNITION <br />The CITY recognizes the ASSOCIATION as the sole and exclusive bargaining agent for all <br />covered Firefighters, pursuant to Section 142.108 of Chapter 142, Texas Local Government <br />Code, excluding the Fire Chief and appointed Assistant Fire Chiefs, the employees of the Fire <br />Department exempt under Texas Local Government Code Section 142.108(b), until recognition <br />is withdrawn pursuant to law. <br />It is intended to include only all permanent paid employees of the Fire Department who have <br />been hired in substantial compliance with the provisions of Chapter 143 of the Texas Local <br />Government Code but does not include civilian employees, other employees, or those excluded <br />above. <br />This Agreement is not intended to deny local control by the city nor restrict or diminish the <br />management rights of the City except as expressly provided by this Agreement under section <br />142.109 of the Texas Local Government Code. <br />ARTICLE 2 <br />DEFINITIONS <br />1. "Agreement" refers to this Meet and Confer Agreement, negotiated between the City of San <br />Marcos and the San Marcos Professional Firefighters Association Local # 3963. <br />2. "Association" means the San Marcos Professional Firefighters Association Local # 3963. <br />3. "Calendar days" means each day inclusive of weekends and holidays. <br />4. "Chief' means the Fire Chief of the City of San Marcos, including any interim or acting Fire <br />Chief. <br />5. "City" means the City of San Marcos. <br />6. "College hours" or College Degree" shall mean credit hours or degree from a college or <br />university recognized by the Southern Association of Colleges and Schools or a similar <br />regional association recognized and approved by the United States Department of Education. <br />7. "Commission" means the Fire Fighters and Police Officers Civil Service Commission of the <br />City of San Marcos. <br />8 "Department" means the Fire Department of the City of San Marcos. <br />9. "Director" means the Director of the Fire Fighters' and Police Officers' Civil Service <br />Commission. <br />4