HomeMy WebLinkAbout09-18-06 Ad Hoc Meet and Confer Law Review Committee
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STATE OF TEXAS )(
COUNTY OF HARRIS )( /
CITY OF LA PORTE )( ~
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AD HOC MEE}AND CONFER LAW REVIEW
COMMITTEE AGENDA
NOTICES IS HEREBY GIVEN OF AN AD HOC MEET AND CONFER LAW REVIEW COMMITTEE
MEETING AT THE CITY OF LA PORTE TO BE HELD SEPTEMBER 18, 2006, IN THE CITY COUNCIL
CHAMBERS, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 4:00 P.M.,
REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW.
1. CALL TO ORDER
2. SELECT CHAIRMAN
3. REVIEW TEXAS LOCAL GOVERNMENT CODE CHAPTER 142, SUBCHAPTER B - MEET AND
CONFER LAW
4. DISCUSS REQUIREMENTS FOR THE CITY TO PARTICIPATE IN AND COMPLY WITH MEET
AND CONFER LAW
5. DISCUSS THE EFFECTS FOR POINTS AGREED UPON IN COMPLIANCE TO MEET AND
CONFER
6. COMMITTEE COMMENTS
7. ADJOURNMENT
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR
INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE
CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR TOD LINE 281-471-5030 FOR FURTHER
INFORMATION.
A possible quorum of City Council may be present and participate in discussions but will not take any action.
Approved: .
~QA~~
Sharon Harris, TRMC
Assistant City Secretary
/
-'-..Ia Porte POlice/1>epartmer
915 South 8th Street
La Porte, Texas 77571
281-471-3810 Fax: 281-470-1590
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09/05/2006
To:
From:
Subject:
Debra Feazelle ~ d
Richard Reff f~
Ad Hoc Committee on Meet and Confer
In the last Council Meeting the following Council members, indicated a willingness to serve, on
an ad hoc committee to review the Meet and Confer Law and present a recommendation to
Council regarding this issue.
Councilman Mike Clausen - fJ He mtt/t-
Councilman Tommy Moser
Counci.lman.BerryBease1x_
Councilman Chuck Engelken
COllncilmanMike Mosteit
As d.itected I, willattemptto facilitate'tbis.m.eeting,andcSharo.i:r.Harrls-will:serve:asthe'Secretary.
fur these. meetings.
In,order:,to:'facilitiltethe'meetingsregarding.Meetand;Conferl- am:atmchi1ig~.some: docmnen1s;sa,
that CotmciImenmay be able. to understand what this change in the LOcatGovernment Cod.e~
Chapter 142 SubsectionBentails: These changes effect sections 142.'051 through r42~068'oftbe"
Local,GOvemment,Codeandwaspassed.asHB'304' and HB 2892 and was made effective as,of
09/01/2005. These attachments,should allow you to, understand the Meet and Confer law and the
responsibility of all oftheparties~ I have 'providedthe following:
1. Printoutfrom'FML Onlineregardin~'what mee-t.andeonfeFwillandwillnmdo~.
2. A copy of the final version the bill ~ published in the Local Government Code Chapter
142.
3. A copy of the overview as presen1ied by Officer Novasad, current President of the La
Porte Police Officer's Association, prepared by CLEAT on the Meet and Confer Issue.
The last item was provided to the Council when the issue was brought before the council on July
24, 2006. A packet was also made available to the Council of which I will have a copy for the
Committee upon our meeting.
The first issue that must be cleared up is that the La Porte Police Officers Association (LPPOA)
consists of members of the Police Department who are affiliated with. one of the two State
Associations, the Texas Municipal Police Association (IMP A) and the Combined Law
Enforcement Association of Texas (CLEAn. Presently, as stated, Matt Novasad is the President
Debra Fae:elle
City Manager
Richard E. Reff
Chief of Police
Aaron Corrales
Assistant Chief of Police
of the La Porte Police Officers Association, our local organization, and Jerome Mckown is now
serving as President of the State TMP A organization. It can be confusing, but the issue of Meet
and Confer is with the local association or LPPOA. What is apparently in some disagreement is
which State organization will speak for the LPPOA, not the issue of Meet and Confer.
The fIrst thing that must be determined is who is the 'Association'. The law under 142.052
defmes the "police officer association' means an employee organization in which police officers
employed by the municipality participate that exists for the purpose, on whole or part, of dealing
with the municipally ... concerning grievances, labor disputes, wages, rates of pay, hours of
work, or conditions of work affecting police officers. This means that the Association has to be
an employee organization, in this case the LPPOA.
Under 142.060 (b) the law indicates who can be bargaining agent for the association and that can
be one or more representatives to negotiate or bargain on the associations behalf. This is where
some people may be confused in thinking that the representative could be a representative from
one of the State organizations; however, 142.060 (c) clearly indicates that a municipalities
bargaining unit is composed of all th~ police officers of the municipality who are not the head of
the law enforcement agency or exempt under Section 142.058 (b) [Appointed by the Chief].
This does not preclude TMP A or CLEAT representatives as coming in as "advisors" and that is
apparently the issue among the members, not the meet and confer process.
CLEAT's handout pretty well outlines the elements of meet and confer. The key issue is that
once the Association, LPPOA, submits a petition that is signed by the majority of the non-
exempt officers, everyone except Assitant Chief Corrales and myself. The Council has 30 days
to do one of the following:
1. The Council may recognize the Associations petition and grant recognition of the
Association as the police officers bargaining unit and not have to conduct a election by
voters.
2. The Council may defer recognition and order an election by the voters regarding whether
or not the City may meet and confer with the Association.
3. The Council may order a certifIcation election under section 142.054 of the Local
Government Code to determine whether the Association represents the majority of the
affected police officers.
If the Council opts for selection 3 and by doing so it determines by certifIed election that the
Association does represent the majority of police officer affected, then they within 30 must go
through option 1 or 2. Either path the Council will have to accept it or take it before the voters.
In the meetings we will look at each section of the law as attached to ensure everyone
understands the implication or application of meet and confer. Officer Matt Novasad as the
LPPOA President will also serve on the committee to provide input from the perspective of the
LPPOA. I will additionally ask one of the City Attorney's to attend to answer any legal issues.
These meetings will be open to the public and posted.
'HE MEET AND CONFER BILLS: WliAT THEY DO AND WHAT THEY DQN'T DO
Page 1 0[2
Legislative
Legislative Services
I Click Here]
THE MEET AND CONFER BILLS: WHAT THEY DO AND
WHAT THEY DON'T DO
The legislature recently passed H.B. 304 and H.B. 2892, which grant certain cities the
discretion to meet and confer with police and/or fire associations. The following is a brief
summary of the bills, which have been signed by the governor and will become effective on
September 1, 2005.
The bills apply to any city with a population of 50,000 or more and to cities that have
adopted Chapter 143 of the Local Government Code (fire/police civil service), except that
the bills do not apply to cities that have adopted Chapter 174 of the Local Government Code
(collective bargaining), nor to Austin, Houston, or Dallas.
If a municipal governing body receives a petition from a police or fire association signed by a
majority of the members requesting recognition as their sole bargaining agent, the governing
body shall either:
. recognize the association and authorize itself to meet and confer with the association; or
. order a certification election on the question of whether the association represents a majority of
the affected police or fire personnel, or
. order an election by the city's voters on the question of whether the association and the city
may meet and confer.
If the council opts for a certification election and that election reveals that the association
does in fact represent a majority of the police or fire personnel, the governing body shall
either:
. recognize the association and authorize itself to meet and confer with the association; or
. order an election by the city's voters on the question of whether the association and the city
may meet and confer.
If the city council calls for an election of the people:
a. the election must be held at the next regularly scheduled election for municipal officials;
and
b. there may not be another election on the same topic for at least two years.
http://www.tm1.org/leg_updates/legis_update062105d_meet.htm
7/171200(
HE MEET AND CONFER BILLS: WHAT THEY DO AND WHAT THEY DON'T DO
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Page 2 of2
Neither a public employer nor a police or fire association is required to meet and confer,
even if authorized by a popular vote.
The bills prohibit strikes by police and/or fire personnel.
If a city and a police fire association meet and confer, they may discuss wages, salaries,
hours of work, and other terms and conditions of employment.
A meet and confer agreement must be in writing and is binding only after both the municipal
governing body and the recognized association ratify the agreement. While an agreement is
in effect, there may be no popular election to adopt Chapter 143 (civil service) or Chapter
174 (collective bargaining).
A municipal governing body that grants itself the authority to meet and confer may withdraw
that authority and notify the police or fire association that any written agreement will not be
renewed.
A municipal governing body that was granted authority to meet and confer through a popular
vote may, after two years, call for an election to determine if the governing body may
continue to meet and confer.
TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part of this document without the written
authorization of the
Texas Municipal League.
BackJQ L~-9islatiyg Updat~~lndgx
I LEGISLATIVE SERVICES I HOME I TEXAS LEGISLATURE ONLINE I
@2005 Texas Municipal League Austin, Texas (512) 231-7400
http://www.tml.org/leg_updates/legis_update062105d_meet.htm
7/17/200(
PUBLIC OFFICERS
a member of
may grant the :
he person to
.rse of study re
y.
.office~rformance on a competitive examination;
oc ~~~_ h . al te th
~. c, (~) a C1VWCH!- w 0 recelyes a s ary grea r an
hthe lowest base-~ary that the municipality pays a
-:~ptain and who~..,appointment to the civilian's
, ;r,; Current position was hot based at least in part on
'oi>the civilian'sperformance'Q~ a competitive examina-
(.l.tion. , ''',,-.
by Acts 2001, 77th L~g., ch. 928, ~ 1, eff. Sept. 1,
" ..'. "-
~on 2 of Acts 2001, 77th Leg., ch. 928 provide~
-This Act takes effect September I, 2001. The chan~~ law made
ibis Act applies beginning with the first full pay period Sbegins
m;after that date."
2:013. Business Leave ~e, Account for Po
. lice Officers in Certain Municipali-
ties
This s~ction applies only to police officers em-
'd by a \nunicipality with a population of one
~',',o...,..r....,..mor.e\~th ,athasnot adopted Chapter 174 and
"Section 43.1261 does not apply.
r-ji:,-
n this secti :
;f'muSiness ve" means leave taken for the
6~e :~:~en . ~to the business of an employee
;i'E,": m. ~l~yee or . tion;' includes:
. the Texas Peace fficers Association;
"'"
) the Dallas Police sociation;
{the Dallas Fratern Order. of Police; and
. eLatino Peace ers Association.
6liee officer may don te not more than two
Feach month of ac ulated vacation or
tOry'time to the busine leave time account
loyee organization. Th municipality shall
;. ~maintain a. business ave time account
!19!-~ organization.
liCe9fficer must authorize the donation in
.formprovided by the emp ee organiza-
roved by the municipality. receiv-
~. authorization on an approv form, the
81iiill transfer donated time to e account
the municipality receives the lice offi-
'." Qcation of the authorization.
'rpolice officer who is a member of an
. tion may use for business eave
:, e . donated to the account of at
. tion. A police officer may use
.ipllrposesthe, time donated under
\sation for
eut Officer('
s ".
;0 a municipalL
re that has riot1
~ 142.051
section without receiving a reduction in salary and
without imbursing the ,municipality.
(f) A re uest to use for business leave purposes the
time in an ployee organization's time account must
be in writin d submitted to the municipality by the
president or e equivalent officer of the employee
organization or y that officer's designee.
(g) The munic ality shall grant a request for busi-
ness leave that c plies with Subsection (f) unless:
(1) denial of th request is necessary because of
an emergency; or
(2) a grant of the equest will result in having an
insufficient number 0 police officers to carry out
the normal functions of e municipality.
(h) The municipality sh account for the time do-
nated to the account and us from the account. The
municipality. shall credit and ebit the account on an
hour-for-hour basis regardless the cash value of the
time donated or used.
(i) An employee orgairlzatiori m
ness leave purposes more than' 4, 0 hours from its
business leave' time account under his section in a
calendar year. This subsection does ot prevent an
employee organization from accumula g more than
4,000 hours, but only addresses the toW number of
donated hours that an employee organiza.&n may use
in any ~~dar year.
,./ . , . I
(j) The use of business leave by a polic officer
under this section is not a break in service r any
purpose and is treated as any' other paid leave.
Added by Acts 2003, 78th Leg., ch. 447, ~ 1, eff. Jun 20,
2003.
SUBCHAPTER B. LOCAL CONTROL OF PO-
LICE OFFICER EMPLOYMENT MATTERS
IN CERTAIN MUNICIPALI'!'lES
Acts 2005, 79th Leg., ch. 1193, 92
added this subchapter.
~ 142J)"51. Applicability
(a) Except as provided by Subsection (b), this sub-
chapter applies only to a municipality:
(1) with a population of 50,000 or more; or
(2) that has adopted Chapter 143.
(b) This subchapter does not apply to a municipality
that:
(1) has adopted Chapter 174;
(2) is covered by Subchapter H, I, or J, Chapter
143; or
251
'"
PUBLIC OFFICERS AND EMPLOYEES
~ 142.058
any petition shall share equally the costs of the elec-
tion.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. I,
2005.
~ 142.055. Election to Authorize Operating Under
This Subchapter
(a) The governing body of a municipality that re-
ceives a petition for recognition under Section 142.053
may order an election to determine whether a public
employer may meet and confer under this subchapter.
(b) An election ordered under this section must be
held as part of the next regularly scheduled general
election for municipal officials that is held after the
date the governing body of the municipality orders the
election and that allows sufficient time to prepare the
ballot in compliance with other requirements of law.
(c) The ballot for an election ordered under this
section shall be printed to permit voting for or against
the proposition: "AuthorUdng (name of
the municipality) to operate under the state law allow-
ing a municipality to meet and confer and make
agreements with the association representing munici-
pal police officers as provided by state law, preserving
the prohibition against strikes and organized work
stoppages, and providing penalties for strikes and
organized work stoppages."
(d) An election called under this section mlist be
held and the returns prepared and canvassed in con-
formity with the Election Code.
(e) If an election authorized under this section is
held, the municipality may operate under the other
provisions of this subchapter only if a majority of the
votes east at the election favor the proposition.
(f) If an election authorized under this section is
held, an association may not submit a petition for
recognition to the governing body. of the municipality
under Section 142.053 before the second anniversary
of the date of the election.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. I,
2005.
~ 142.056. Change or Modification of Recognition
(a) The police officers may modify or change the
recognition of the association granted under this sub-
chapter by filing with the governing body of the
municipality a petition signed by a majority of all
covered police officers.
(b) The governing body of the municipality may:
(1) recognize the change or modification as pro-
vided by the petition; or
(2) order a certification' election in accordance
with Section 142.054 regarding whether to do so.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. I,
2005.
~ 142.057. Strikes Prohibited
(a) A police officer employed by a municipality may
not engage in a strike or organized work stoppage
against this state or the municipality.
(b) A police officer who participates in a strike
forfeits any civil service rights, reempioyment rights,
and other rights, benefits, or privileges the police
officer may have as a result of the officer's employ-
ment or prior employment with the municipality.
(c) This section does not affect the right of a person
to cease work if the person is. not acting in concert
with others in an.organized work stoppage.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
2005.
~ 142.058. Recognition of Police Officers Associa-
tion
(a) A public employer in a municipality that chooses
to meet and confer under this subchapter shall recog-
nize an association that is recognized under Section
142.053 or 142.054 as the sole and exclusive bargaining
agent for the covered police officers described in the
petition for recognition, excluding the head of the law
enforcement agency and excluding the employees ex-
empt under Subsection (b), in accordance with this
subchapter and the petition.
(b) For the purposes of Subsection (a), exempt em-
ployees are the employees appointed by the head of
the law enforcement agency of the municipality .under
Section 143.014 or that are exempt by the mutual
agreement of the recognized police officers association
and the public employer.
(c) The public employer shall recognize the police
officers association until recognition of the association
is withdrawn, in accordance with Section 142.056, by a
majority of the police officers eligible to sign a petition
for recognition.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff' Sept. 1,
2005.
253
I
~ 142.059
LOCAL GOVERNMENT CODE
I
A 142.059. General Provisions Relating to Agree-
ments
(a) A municipality acting under this subchapter
may not be denied local control over the wages, sala-
ries, rates of pay, hours of work, or other terms and
conditions of employment to the extent the public
employer and the police officers association recognized
as the sole and exclusive bargaining agent under this
subchapter agree as provided by this subchapter, if
the agreement is ratified and not withdrawn in accor-
dance with this subchapter. Applicable statutes and
applicable local orders, ordinances, and civil service
rules apply to an issuel not governed by the meet and
confer agreement.
(b) A meet and confer agreement under this sub-
chapter must be written.
(c) This subchapter does not require a public em-
ployer or a recognized police officers association to
meet and confer on any issue or reach an agreement.
(d) A public employer and the recognized police
officers association may meet and confer only if the
association does. not advocate an illegal strike by
public employees.
(e) While a meet and confer agreement under this
subchapter between the public employer and the rec-
ognized police officers association is in effect, the
public employer may not accept a petition, with regard
to the police officers of the municipality requesting an
election to adopt: .
(1) municipal civil service under Chapter 143; or
(2) collective bargaining under Chapter 174.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
2005.
A 142.060. Selection of Bargaining Agent; Bar-
gaining Unit
(a) The public employer's chief executive officer or
the chief executive officer's designee shall select one
or more persons to represent the public employer as
its sole and exclusive bargaining agent to meet and
confer on issues related to the wages, hours of em-
ployment, and ,other terms and conditions of employ-
ment of police officers, by the municipality.
(b) A police officers association may designate one
or more persons to negotiate or bargain on the associ-
ation's behalf.
(c) A municipality's bargaining unit is composed of
all the police officers of the municipality who are not
the head of the law enforcement agency or exempt
under Section 142.058(b).
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
2005.
A 142.061. Protected Rights of Police Officer
(a) For any disciplinary appeal, a member of the
municipality's bargaining unit may be represented by
the police officers association or by any person the
member selects.
(b) A meet and confer agreement ratified under
this subchapter may not interfere with the right of a
member of a bargaining unit to pursue allegations of
discrimination. based on race, creed, color, national
origin, religion, age, sex, or disability with the Texas
Workforce Commission civil rights division or the
federal Equal Employment Opportunity Commission
or to pursue affirmative action litigation.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
2005.
condul
public
Added
2005.
A 142.
(a)
able l
nized
coverl
(:
flee
(:
flee
elel
wh,
rat
(b)
scribe
bywl
to a I
ment
volvil
A 142.062. Open Records
(a) A proposed meet and confer agreement and a
document prepared and used by the municipality,
including a public employer, in connection with the
proposed agreement are available to the public under
Chapter 552, Government Code, only after the agree-
ment is ready to be ratified by the governing body of
the municipality.
(b) This section does not affect the application of
Subchapter C, Chapter 552, Government Code, 1 to a
document prepared and used in connection with the
agreement.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
2005.
1 V.T.CA, Government Code, ~ 552.101 et seq.
(c)
whicl
hear
confe
agrel
otheJ
right
The I
rary
ordel
appr
Adde
2005.
A 142.063. Ollen Deliberations
(a) Deliberations relating to a meet and confer
agreement or proposed agreement under this sub-
chapter between representatives of the public employ-
er and representatives of the police officers associa-
tion elected by a majority vote of the officers to be the
sole and exclusive bargaining agent of the covered
officers must be open to the public and comply with
state law.
(b) Subsection (a) may not be construed to prohibit
the representatives of the public employer or the
representatives of the police officers association from
A 14
(a:
gran
unde
unde
the;
than
tic
254
PUBLIC OFFICERS AND EMPLOYEES
~ 142.066
conducting private caucuses that are not open to the
public during meet and confer negotiations.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
2005.
i
~ 142.064. Ratification and Enforceability of
Agreement
(a) An agreement under this subchapter is enforce-
able. and binding on the public employer, the recog-
nized police officers association, and the police officers
covered by the meet and confer agreement only if:
(1) the governing body of the municipality rati-
fied the agreement by a majority vote; and
(2) the recognized police officers association rati-
fied the agreement by conducting a secret ballot
election at which the majority of the police officers
who would be covered.. by the agreement favored
ratifying the agreement; .
(b) A meet and confer agreement ratified as de-
scribed by Subsection (a) may establish a procedure
by whicl). the parties. agree to. resolve disputes related
to a right, duty, or obligation provided by the agree-
ment, including binding arbitration on a question in-
volving interpretation of the agreement.
(c) A state district court of a judicial district in
which the municipality is located has jurisdiction to
hear and resolve a dispute under the ratified meet and
confer agreement on the: application of a party to the
agreement aggrieved by an action or omission of the
other party when the action or omission is related to a
ri~ht, duty, or obligation provided by the agreement.
The court may issue proper restraining orders, tempo-
rary' and permanent injunctions, or any other writ,
order, or process, including contempt orders, that are
appropriate to enforcing the agreement.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
2005.
r
f
f
a
e
l,
r
~ 142.065. Action or Election to Repeal Authori-
zation to Operate Under This Sub-
chapter
(a) The governing body of a municipality that
granted recognition of a police officers association
under Section 142.053 without conducting an election
under Section 142.055 may withdraw recognition of
the association by providing to the association not less
than 90 days' written notice that:
(1) the governing body is withdrawing recogni-
tion of ~e association; and
1-
T_
~-
.e
d
h
it
.e
n
(2) any agreement between the governing body
and the association will not be renewed.
(b) The governing body of a municipality that
granted recognition of a police officers association
after conducting an election. under Section 142.055
may order an election to determine whether a public
employer may continue to meet and confer under this
subchapter. The. governing body may not. order an
election under this subsection until the second anni-
versary of the date of the election under Section
142.055.
(c) An election ordered under Subsection (b) must
be held as part of the next regularly scheduled gener-
al election for municipal officers that occurs after the
date the governing body of the municipality orders the
election and that allows sufficient time to prepare the
ballot in compliance with other requirements of law.
(d) The ballot for an election ordered under Subsec-
tion (b) shall be printed to allow voting for or against
the proposition: "Autho~g (name of
the municipality) to continue to operate under the
state law allowing a municipality to meet and confer
and make agreements with the association represent-
ing municipal police officers as provided by state law,
preserving the prohibition against strikes and orga-
nized work stoppages, and providing penalties for
strikes and organized work stoppages."
(e) An election ordered under Subsection (b) must
be held and the returns prepared and canvassed in
conformity with the Election Code.
(0 If an election ordered under Subsection (b) is
held, the municipality may continue to operate under
this subchapter only if a majority of the votes cast at
the election favor the proposition.
(g) If an election ordered under Subsection (b) is
held, an association may not submit a petition for
recognition to the governing body of the municipality
under Section 142.053 before the second anniversary
of the date of the election.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
2005.
~. 142.066. Election to Repeal Agreement
(a) Not later than the 60th day after the date a
meet and confer agreement is ratified by the govern-
ing body of the municipality and the recognized police
officers association, a petition calling for the repeal of
the agreement signed by a number of registered
voters residing in the municipality equal to at least 10
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255
~ 142.066
LOCAL GOVERNMENT CODE
I
percent of the votes cast at the most recent general
election held in the municipality may be presented to
the person charged with ordering an election under
Section 3.004, Election Code.
(b) If a petition is presented under Subsection (a),
the governing body of the municipality shall:
(1) repeal the meet and confer agreement; or '
(2) certify that it is not repealing the agreement
and call an election to determine whether to repeal
the agreement.
(c) An election called under Subsection (b)(2) may
be held as part of the next regularly scheduled gener-
al election for the municipality. The ballot shall be
printed to provide for voting for or against the prop07
sition: "Repeal the meet and confer agreement rati-
fied on (date agreement was ratified) by
the (name of the governing body of the
municipality) and the police officers employed by the
City of (name of municipality) concerning
wages, salaries, rates of pay, hours of work, and other
terms of employment."
(d) I~ a majority of the votes .cast at the election
favor the repeal of the agreement, the agreement is
void.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
,2005.
~ 142.067. Agreement Supersedes Conflicting Pro-
visions
A written meet and confer agreement ratified under
this subchapter preempts, during the term of the
agreement and to the extent of any conflict, all con-
trary state statutes, local ordinances, executive orders,
civil service provisions, or rules adopted by the head
0' the law enforcement agency or municipality or by a
division or agent of the municipality, such as a person-
nel board or a civil service commission.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
2005.
~ 142.068. Effect on Existing Benefits and Righ~
(a) This subchapter may not be construed as re-
pealing any existing benefit provided by statute or
ordinance "concerning police officers' compensation,
pensions, retirement plans, hours of work, conditions
of employment, or other emoluments, except as ex-
pressly provided in a ratified meet and confer agree-
ment. This subchapter is in addition to the benefits
provided by existing statutes and ordinances.
(b) This subchapter may not be construed to inter-
fere with a police officer's constitutionally protected
rights of freedom of speech, freedom of association,
and freedom to endorse or dissent from any agree-
ment.
Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
2005.
ani
pIc
Addel
2005.
~ 14:
SUBCHAPTERC. LOCAL CONTROL OF FIRE-
FIGHTER EMPLOYMENT MA'ITERS IN
CERTAIN MUNICIPALITIES
(a)
gove:
firefi
ity 0
depa
empl
ques'
exclt
ploYl
fire (
exen
Acts 2005, 79th Leg." ch. 262, * 2
added this 'subchapter.
~ 142.101. Applicability
(a) Except as provided by Subsection (b), this siIb-'
chapter applies only to a municipality: ' , .
(1) with a population of 50,000 or more; or
(2) that has adopted Chapter 143.
(b) This subchapter does not apply to'a municipality
that:
qu
vo
an
inj
un
(1) has adopted Chapter 174;
(2) is covered by Subchapter H, I, or J, Chapter
143; or
(3) has a population of one million or more and
has not adopted Chapter 143.
Added by Acts 2005, 79th Leg., ch. 262, ~ 2, eff. Sept. 1,
2005.
an
it~
lic
ch
~ 142.102. Def"mitions
In this subchapter:
(1) "Firefighter" means a person who is defined
as fire protection personnel under Section 419.021,
Government Code, and who is employed by a mu-
nicipality.
(2) "Firefighters associatfon" means an employee
organization in which firefighters employed by a
municipality participate that exists for the purpose,
in whole or in part, of dealing with the municipality
or public employer concerning grievances, labor dis-
putes, wages, rates of pay, hours of work, or condi-
tions ,of work affecting firefighters.
(3) "Public employer" means a municipality or
the fire department' of the municipality that is re-
quired to establish the wages, salaries, rates of pay,
hours of work, working conditions, and other terms
14
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