Res 2009-169 - Laserfiche WebLink

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position reinstatement list for a period of one (1) year. The salary for Assistant Chief positions will be set pursuant to City policy as these positions are exempt and not part of the bargaining unit. It is agreed by both Parties that this provision of the Agreement shall remain in full force and effect through September 30, 2014 or until superseded by a subsequent agreement. B. Reclassification of Lieutenants (9 currently) to Captain The nine (9) existing Lieutenant positions will be reclassified as Captain positions resulting in a total of twelve (12) Captains. The number of Captain positions will increase later in the Fiscal Year 2009-2010 to fifteen (15) which number includes the three (3) new Captain positions being created by separate ordinance for the new fire station opening in Fiscal Year 2009-2010. The nine (9) incumbents will be promoted without promotional examination to the newly created Captain positions. The nine (9) Lieutenants positions will not be filled and the lieutenant classification and positions will be eliminated. C. Preemption. The parties agree that in order to achieve this reorganization, any and all conflicting state statutes, including but not limited to Texas Local Government Code Sections 143.014, 143.021(c), 143.028-143.033, 143.036, 143.037, 143.038 , and 143.085, local ordinances, executive orders, civil service provisions, rules adopted by the head of the Fire department or City or division or agent of the City, such as a personnel board or civil service Commission, are hereby preempted pursuant to TLGC § 142.117. The Association agrees that it will not support or accept, for itself or any member of the bargaining unit, any complaint, grievance or claim, in any administrative, contractual or judicial proceeding, in relation to the above reorganization and reclassification and appointments resulting there from. Section 2. Captain Examination. The next lower classification eligible for the Captain examination administered after the reorganization will be Engineer classification subject to civil service procedures. The source material for the next Captain examination only shall be the same source materials previously posted by the Commission for the Lieutenant examination as required by law and no reposting will be required. Source material for subsequent Captain examinations will not be subject to this restriction. To the extent of any conflict, the provisions of this Article preempt TLGC Chapter 141, 142 and 143, including Section 143.029, 143.032, 143.038, and 143.041, and any state statute, local ordinance, executive orders, civil service provisions or rules adopted by the head of the Fire department or City of San Marcos or by a division or agent of the City such as a personnel board or civil service commission as per TLGC Section 142.117. 8