Res 073-2023 Approve Meet and Confer Process to Part-time Reserve Peace Officers 06/20/2023 Resolution No. 73-2023
Resolution approving an agreement under the Meet and Confer
process to allow for the creation of a non-civil service classification
of temporary, part-time Reserve Police Officers; and to allow for the
hiring of temporary, part-time Reserve Police Officers to assist in
non-patrol sections of the Police Department to perform duties
where there are insufficient numbers of regular, full-time Police
Officers to fulfill the required duties
WHEREAS, the Wichita Falls Police Department is currently understaffed by
approximately 20 Police Officers; and
WHEREAS, the personnel shortage in the Police Department is resulting in case
back logs and other assignments being unfilled; and
WHEREAS, the Wichita Falls Police Department wishes to create a non-civil
service position of temporary, part-time Reserve Police Officer and to hire these
individuals to work various non-patrol assignments in the Police Department when
regular, full-time Police Officers are not available;
WHEREAS, under the State Civil Service Statute, the Civil Service Director
cannot hire non-civil service employees to perform tasks usually assigned to civil
service employees; and
WHEREAS, a Meet and Confer Agreement between the City and the Wichita
Falls Police Officers' Association allows the Civil Service Director to create the position
of Temporary, Part-Time Reserve Officer and place those employees in the Police
Department to assist in performing tasks that would normally be performed by regular,
full-time Police Officers but for the significant shortage of those Officers; and
WHEREAS, for public safety, the Wichita Falls Police Officers' Association
wishes to have assistance in working through the backlog of cases and other
assignments currently not being performed due to the significant shortage of Police
Officers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 : The City Council of the City of Wichita Falls, Texas, approves the attached
Meet and Confer Agreement between the City and the Wichita Falls Police Officers'
Association.
2. The new agreement will go into effect immediately and will remain in effect
for three (3) years or unless and until either the City or the Association wishes to
terminate the agreement in writing upon 90 days' notice.
PASSED AND APPROVED this the 20th day of June 2023.
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MAYOR
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City Clerk
MEET AND CONFER AGREEMENT TO MODIFY CHAPTER 143 OF THE TEXAS
LOCAL GOVERNMENT CODE (MUNICIPAL CIVIL SERVICE) THE CITY OF
WICHITA FALLS FIREFIGHTERS AND POLICE OFFICERS' CIVIL SERVICE
COMMISSION RULES AND REGULATIONS TO ALLOW FOR THE CREATION OF
TEMPORARY, PART-TIME RESERVE POLICE OFFICER POSITIONS WITHIN THE
WICHITA FALLS POLICE DEPARTMENT
THIS AGREEMENT is made pursuant to Section 142.059 of the Texas Local Government
Code, memorializing an agreement previously made by and between the city of Wichita Falls
and the Wichita Falls Police Officers' Association.
Section 1. INTENT. The Parties agree to modify Chapter 143 of the Texas Local
Government Code to allow for the hiring of temporary, part-time Reserve Police Officers. These
Officers would be utilized to assist in working the backlog of cases in the Misdemeanor Division
as well as in other areas where there are insufficient numbers of regular, full-time Police Officers
to fulfill the required duties. The intent of this agreement is to augment the number Officers
available in the Investigative Operations Division and non-patrol positions in the Community
Operations Division. Temporary, part-time Reserve Officers will not replace regular, full-time
Police Officers in any assignment. Rather, temporary, part-time Reserve Officers will assist in
those areas where there is a shortage of regular, full-time Police Officers.
A. "Reserve Officer" means an honorably retired Wichita Falls Police Officer who
meets the minimum standards as determined by the Department. This definition may be
amended by agreement of the Association President and the City Manager.
B. Conditions of Employment: To enhance the Department's ability to staff and to
lessen workforce disruption caused by short-term significant schedule changes, the City
and the Association agree that the Department may employ part-time, Reserve Officers,
as defined in this Agreement, under the following circumstances:
(1) Reserve Officers shall be temporary,part-time employees.
(2) Reserve Officers will not be classified under Chapter 143 of the Texas Local
Government Code (Municipal Civil Service) and will not be afforded any of the
privileges and protections guaranteed by Chapter 143.
(3) Employment and assignment of Reserve Officers shall be limited to
performing duties in areas of the Police Department where there are insufficient
numbers of regular, full-time police officers to fulfill the required duties.
(4) Subject to the discretion of the Chief, Reserve Officers may perform any and
all duties of a commissioned peace officer while working such assignments only.
(5) Reserve Officers may be required to attend and complete training as
determined by the Chief.
(6) Reserve Officers shall not be approved by the Department for any secondary
employment that is conditioned on the actual or potential use of law enforcement
powers by the Reserve Officer, or for elective Department overtime.
(7) Regular, full-time Police Officers will have priority over Reserve Officers for
any assignments if there are sufficient regular, full-time officers available to be
placed in that assignment.
C. Benefits and Salary: Temporary,Part-Time Reserve Officers
1. Salary based on amount approved by City Council in the Classification Plan
2. Designated as a temporary,part time employee
3. Not eligible for pension benefits
4. Not eligible for permanent appointment or promotion
5. Not eligible to become a Civil Service employee
6. A paid Reserve Police Officer must be dismissed before a permanent civil
service employee may be dismissed in the event of a reduction of force
D. Qualifications and Requirements: Temporary,Part-Time Reserve Officers
1. Be a United States Citizen
2. Be at least 21 years of age
3. Possess a High School diploma or GED equivalency
4. Possess a valid Texas Driver's license and acceptable driving record
5. Must be a fully licensed Peace Officers with the State of Texas
6. Must successfully pass a background investigation
7. Not required to take department written and physical entrance examination
8. Must maintain certification and training hours at the same level as a regular
officer
9. Must adhere to policies of the City of Wichita Falls' Personnel Policies,
policies of the Wichita Falls Police Department and general and special orders of
the Wichita Falls Police Departments.
Section 2. EFFECTIVE DATE. This Agreement is immediately effective upon signing by
both parties.
Section 3. SUNSET PROVISIONS. This Agreement shall remain in effect for three (3)
years from the date of ratification by the City Council unless either Party requests termination of
this Agreement with 90 days' written notice.
Section 4. AGREEMENT SUPERCEDES CHAPTER 143 of the Texas Local
Government Code and the City of Wichita Falls Firefighter and Police Officers' Civil
Service Commission Rules and Regulations to the extent necessary to implement this
agreement.
SIGNED this day of June 2023.
CITY OF WICHITA FALLS, TEXAS WICHITA FALLS POLICE OFFICERS'
ASSOCIATION
By:
Darron Leiker, City Manager President, Wichita Falls Police
Officers' Association