Res 2012-116 - Laserfiche WebLink

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ARTICLE 10 I I •' • Section 1. Use of Leave In Lieu of Minor Suspension Without Pay If a Member of the bargaining unit received a statement of suspension without pay of 24 hours or less for shift personnel or 16 hours or less for staff personnel, the Member of the bargaining unit may, within three (3) business days of receipt of the suspension, forfeit vacation or holiday time equal to the length of the suspension, to serve the suspension with no break in service for purposes of seniority or promotion. The forfeited vacation or holiday time will not constitute hours worked. In the event a member of the bargaining unit has received a disciplinary suspension within the preceding twenty four (24) month period, the Member may only forfeit vacation or holiday time with the Department head's permission. The Member must agree that there is no right to appeal the suspension nor right of review before any administrative body or judicial body if this method of suspension is chosen and the firefighter must sign a waiver of appeal and agree to the suspension. Section 2. Appeal Firefighters who receive a suspension without pay of 24 hours or less for shift personnel or 16 hours or less for staff personnel may only appeal their suspension, unless waived in accordance to Section 1 above, to the Firefighters and Police Officers' Civil Service Commission and the provisions of TLGC section 143.057 shall not apply to such suspensions. The provisions of this section shall supersede TLGC 143.057 which shall not apply to suspensions of three (3) calendar days or less. Section 3. Preemption The parties agree that the provisions of this Article preempt during the term of this agreement and to the extent of any change or conflict, all contrary state statutes, including TLGC Section 143.057 and Section 143.085 local ordinances, executive orders, civil service provisions, or 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 personnel board or a civil service commission. Page 19