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Res 2012-117
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Res 2012-117
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10/2/2012 12:56:49 PM
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10/2/2012 12:54:41 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2012-117
Date
9/18/2012
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ARTICLE 10 <br />ASSOCIATION BUSINESS LEAVE <br />Section 1. Time Off For Association Business <br />An Association business leave time pool (the ABL Pool) shall be created for the purpose of conducting <br />Association business. Association business is defined as time spent in Meet and Confer or similar <br />negotiations, adjusting grievances, attending the annual State CLEAT conference, the Association's <br />Executive Board meetings, and regular Association business meetings. <br />Section 2. Establishment of Association Leave Time Pool <br />The ABL Pool shall be funded during the first pay date of each calendar year by reduction of accrued <br />vacation leave in the amount of five (5) hours for each member of the San Marcos Police Officers <br />Association with the approval of this agreement by a majority vote of the Police Officers of the San <br />Marcos Police Department. Once a contribution has been made to the ABL Pool, there shall be no <br />transfer of leave back into any individual officer's leave account and there will be no cash payout for any <br />remaining time in the Pool. Any bargaining unit member who does not wish to contribute their five (5) <br />hours of vacation leave in any calendar year must provide notice in writing to the Director at least thirty <br />(30) days prior to the beginning of that calendar year. <br />Any hours up to 400 hours not used in one (1) year will remain in the Pool to be utilized the following <br />year. Such pool hours shall never have any cash or surrender value. The City will track contributions to <br />and deductions from the ABL Pool. <br />Section 3. Use of Association Business Leave Time Pool <br />All use of Association business leave will be requested in writing by the Association President, and <br />submitted in advance for approval by the Chief. The Chief may waive the requirement that the request <br />and approval be in writing. Requests for use of Pool time shall be made as far in advance as is <br />practicable but no less than 48 hours before the date requested. There shall be no entitlement for <br />overtime pay for any hours worked on Association business as such time is not for the benefit of the City <br />but for the sole benefit of the Association. Unless approved by the Police Chief, not more than 3 <br />members may be on ABL leave at the same time and such leave may be cancelled by the Police Chief in <br />the event of an emergency or shortage of manpower as determined by the Chief which action shall not <br />be reviewable by any administrative or judicial body or subject to grievance. <br />Section 4. Indemnification <br />THE ASSOCIATION SHALL JOINTLY DEFEND THE PROVISIONS OF THIS ARTICLE ON BEHALF OF BOTH <br />PARTIES, AND SHALL INDEMNIFY THE CITY, ITS OFFICIALS AND EMPLOYEES, AND HOLD THEM <br />HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS OR OTHER FORMS OF LIABILITY THAT <br />MAY ARISE OUT OF, OR BY REASON OF, ANY ACTIONS TAKEN BY THE CITY FOR ANY PURPOSE OF <br />COMPLYING WITH PROVISIONS OF THIS ARTICLE. THE ASSOCIATION SHALL BE ENTITLED TO SELECT <br />AND DIRECT COUNSEL FOR SUCH DEFENSE, BUT SHALL REASONABLY COOPERATE WITH COUNSEL <br />DESIGNATED BY THE CITY ATTORNEY TO PARTICIPATE. <br />Page 13 <br />
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