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Meet and Confer Minutes - 11/19/2015 MEET AND CONFER CITY OF WICHITA FALLS & WICHITA FALLS POLICE OFFICERS' ASSOCIATION NOVEMBER 19, 2015 PRESENT: Darron Leiker, City Manager § Manuel Borrego, Chief of Police § Jim Dockery, Assistant City Manager/CFO § City Administration Christi Klyn, Director of Civil Service § Julia Vasquez, First Assistant City Attorney § Sergeant Kevin Folmar § Wichita Falls Officer Tammy L. Rice § Police Officers' Association 1. Called to Order. Darron Leiker called the meeting to order at 9:00 a.m. 2. Revising Hiring Process in §143.025 of the Texas Local Government Code and §125.025 of the Wichita Falls Fire Fighters and Police Officers' Local Civil Service Rules to allow Civil Service Director to initiate an entry-level written examination process before the current eligibility list expires or is exhausted Mr. Leiker asked that a summary be provided of the changes to be made. Chief Borrego expressed the concerns of the Department over whether there are enough qualified applicants for the hiring process, and would like the ability to supplement the first eligibility list with a second eligibility list without having to wait for the first list to be exhausted. Under Chapter 143, only one eligibility list is allowed to be on file. Mr. Leiker asked how long that list remains in effect. Chief Borrego said it is good for one year unless it is exhausted before then. The Wichita Falls Police Association was asked if it would support a change to allow for two existing lists. The initial list would be exhausted first, but if there are not sufficient applicants, the Department could then go to the second list, as well as be allowed to go to multiple locations to conduct testing. The existing officers had to approve the change by a majority vote. Officer Rice said the voting was completed last night. Of the 152 officers who voted, 145 were in favor of the proposition, while 7 voted in opposition. Mr. Dockery asked at what point the two lists would merge. Officer Rice said the lists cannot merge. The Department must exhaust the first list before moving to the second list. The hiring process is lengthy. By the time applicants are hired off the first list and doing little jobs, we hope to have another list only one to two weeks behind 2 them so that there can be a full Academy, rather than small academies. Chief Borrego added that the process, rather than the lists, is merged. Mr. Dockery asked how eligibility is determined. Sgt. Folmar said one group tested in October and they will still be interviewing until mid-January. Ms. Klyn said testing will begin again in December. By the time that group is finished, the first group will have had a hire date for a couple of weeks and they will have been doing small jobs in the training center, getting ready for the Academy, and the second group would then join them and they would all start the Academy at the same time. Mr. Dockery put forth a hypothetical situation: suppose the Department only needs to fill 10 vacancies and gets eight qualified applicants from the first list, and eight from the second list. Officer Rice said the Department would be required to take the eight from the first list, and the top two from the second list. Ms. Klyn added that the remaining six from the second list would still be available if the Department wished to start another Academy within the year. Chief Borrego noted this would not be used in every hiring process. The Department just has enough vacancies at present that one eligibility list is not enough. Mr. Leiker said if there are a sufficient number of qualified applicants from the first list, then obviously there would be no need to go to the second list. Ms. Klyn agreed, but said they had looked at the historical data for the last few tests. An average of 100 applicants test, and only 8-10 are successful. Sgt. Folmar said only seven graduated out of the 112 tested from the last group. Mr. Leiker asked how much time this agreement would save. Sgt. Folmar said it could save as much as six months. Ms. Vasquez noted there is a three-year sunset provision, as there was in the fire fighters' eligibility list agreement. Meet and Confer agreements are typically for one year, but it makes more sense for this type of agreement to be a multi-year agreement. Mr. Leiker asked the length of the fire fighter agreement. Ms. Vasquez said it was written to be in effect for that hiring cycle and the next two hiring cycles. Mr. Leiker concluded that the Fire Department apparently no longer needs to hire from multiple lists. Ms. Vasquez said at the time they were needing certified fire fighters and the agreement allowed for multiple testing. Mr. Dockery assumed once the agreement expired it became part of the rules. Ms. Vasquez said the agreement will expire unless the entire process is done again. If it is a permanent agreement, such as the one regarding the fire marshal, it will be written into the rules. Sgt. Folmar asked if the agreement could be written for more than three years. Ms. Vasquez replied affirmatively; it is easier if an agreement has a termination clause where either side could terminate with notice of 60-90 days, but CLEAT usually prefers a multi-year agreement to an open-ended one. 3 Chief Borrego said this agreement would allow the opportunity for testing in Oklahoma City and Dallas during the same testing process. Ms. Klyn said the testing in December will only be performed in Wichita Falls, but it is an option. Ms. Vasquez said the testing can be performed in multiple locations, but under the rules, all testing has to be done simultaneously. Ms. Klyn said it becomes an issue of not enough staff. Ms. Vasquez said some cities have Meet and Confer agreements for mobile recruiting. Officer Rice said this agreement would allow that. Ms. Vasquez replied that this agreement only allows for multiple eligibility lists. Officer Rice said there would be multiple lists if there would be testing performed at multiple locations; for example, if testing is performed in Oklahoma City this week and San Antonio next week, then two different lists have been created. Ms. Vasquez responded that, under the rules, the testing has to be at the same time, on the same date. Sgt. Folmar wondered why it mattered where the test was given if this agreement allows for the conduction of a test and creation of an eligibility list. Ms. Vasquez opined that technically, that is true. Ms. Klyn said the Department would have to be really low on personnel. Chief Borrego said that is not in their game plan. Ms. Vasquez said another agreement could be considered to do multiple testing sites to create one list in a certain period of time, and flexibility on age could also be a consideration. This particular agreement was needed now due to the urgency of the upcoming test. Mr. Dockery asked why either the Association or Administration would be opposed to merging the lists to ensure the Department is getting the cream of the crop, rather than being forced to take all of those on the first eligibility list and "x" number of those on subsequent eligibility lists as are required to fill the vacancies? Sgt. Folmar said one reason to take all of the qualified applicants from the first eligibility list is because they are the first ones ready to be hired, and if they have to wait, they may go elsewhere for employment. Mr. Dockery asked if this has to be presented to the City Council. Chief Borrego said it will be on the December 1 agenda. Ms. Vasquez said it does not have to go before the Civil Service Commission, as it does not amend the rules. Mr. Leiker said he appreciated the efforts from all involved. The goal for all is the same: to have the Police Department as fully staffed as possible. 3. Adjourn The meeting adjourned at 9:23 a.m.