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Res 2009-157
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Res 2009-157
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Last modified
3/15/2010 9:36:22 AM
Creation date
12/10/2009 8:48:57 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2009-157
Date
12/1/2009
Volume Book
184
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day after the date of approval of this Agreement by the City Council and ratified by the <br />Association, whichever is later. <br />It is expressly agreed and understood that the City reserves the right to prorate any monthly pay <br />in biweekly equivalents for twenty four (24) pay periods. <br />Section 9. Statutory Preemption. <br />This Article preempts any conflicting state statutes (including Texas Local Government Code <br />Chapters 141, 142, and Chapter 143 Sections 143.041(b), 143.042, 143.044, and 143.047), local <br />ordinances, executive orders, civil service provisions, or rules adopted by the Chief of Police or <br />City or by any division or agent of the City, including any City personnel board and the <br />Firefighters and Police Officers Civil Service Commission, as provided by Texas Local <br />Government Code Section 142.067. <br />ARTICLE 6 <br />RESIDENCY INCENTIVE <br />Effective on the date of this Agreement and subject to the appropriation of funding for the <br />program during each fiscal year, an Officer (excluding spouses and other household members <br />who are also Officers) who moves into and agrees to maintain his principal residence and <br />actually resides within the City limits of the City may be eligible for residency incentive. The <br />terms, conditions, eligibility, and amount of such program shall be determined by the City. The <br />Parties agree that this Article supersedes any conflicting provisions of Section 150.021 and <br />Section 143.041(b) of the Texas Local Government Code and any other provisions of Chapter <br />143. <br />ARTICLE 7 <br />OVERTIME <br />Officers assigned Patrol duties in the Patrol Division may, at the election of the City, be <br />scheduled to work a schedule of eighty (80) hours over a fourteen (14) day work period. <br />Officers will not be paid overtime until the Officer actually works more than eighty (80) hours in <br />a fourteen (14) day work period. Scheduled holidays, authorized bereavement leave, vacation <br />leave and jury duty, which hours occur during regularly scheduled duty hours, will be considered <br />hours worked for purposes of calculating overtime as per City policy. This Article prevails over <br />TLGC §142.0015(f)-O) to the extent of any conflict as provided by TLGC §142.067. It is agreed <br />by both Parties that this provision of the Agreement shall remain in full force and effect through <br />September 30, 2014 or until superceded by a subsequent agreement. <br />ARTICLE 8 <br />COMPENSATORY TIME <br />As permitted by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(o), the City may <br />compensate eligible non exempt Officers with compensatory time in lieu of overtime <br />compensation required by the FLSA, 29 U.S.C. § 207 or Article 7. Such compensatory time will <br />6
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