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Home My WebLink AboutR2025-088 20250609RESOLUTION NO. R2025-88 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Meet and Confer Agreement with the Pearland Police Officers Association (PPOA). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That pursuant to Chapter 142 of the Texas Local Government Code, the City and the PPOA have negotiated a Meet and Confer Agreement related to wages, hours of employment, and other terms and conditions of employment. Section 2. That certain Meet and Confer Agreement by and between the City of Pearland and the PPOA, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 3. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Meet and Confer Agreement with the PPOA. PASSED, APPROVED and ADOPTED this the 9th day of June, A.D., 2025. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 Meet and Confer Agreement Between The City of Pearland And The Pearland Police Officers’ Association EFFECTIVE DATES June 9, 2025, through September 30, 2027 Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 TABLE OF CONTENTS DEFINITIONS ARTICLE 1 – PURPOSE OF AGREEMENT ARTICLE 2 – PREEMPTION ARTICLE 3 – ENTRY LEVEL HIRING PROCESS ARTICLE 4 – PAY ARTICLE 5 – PROMOTIONS ARTICLE 6 – DEMOTIONS ARTICLE 7 – VACATION ACCRUALS ARTICLE 8 - MISCELLANEOUS SIGNATURES AND EXECUTION PAGE APPENDIX A – CIVIL SERVICE PAY PLAN FOR FISCAL YEAR 2026 APPENDIX B – CIVIL SERVICE PAY PLAN FOR FISCAL YEAR 2027 Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 DEFINITIONS The following words, terms, and phrases, when used in this Agreement, shall have the meanings ascribed to them in this section. The terms not defined herein shall be construed in accordance with their customary usage and meaning. When necessary for a reasonable construction of this Agreement, words in the singular shall include the plural, words in the plural shall include the singular, and words used or defined in one tense or form shall include other tenses or derivative forms and genders. The words “shall” or “will” are mandatory and the word “may” is permissive. A. “Agreement” shall mean this Meet and Confer Agreement entered into by the City of Pearland, Texas and the Pearland Police Officers’ Association. B. “Association” shall mean the Pearland Police Officers’ Association, including its elected leaders and collective membership. C. “City” shall mean the City of Pearland, Texas, its Mayor, City Council members, City Manager, Police Chief, and those persons designated by the City of Pearland to manage the City and its Police Department. D. “City Council” shall mean the City Council of the City of Pearland, Texas. E. “City Manager” shall mean the person appointed by the City Council to serve pursuant to Section 4.01 of the Charter of the City of Pearland, Texas. F. “Commission” shall mean the Police Officers’ Civil Service Commission for the City of Pearland. G. “Days” shall mean calendar days, unless otherwise specified. H. “Department” shall mean the Pearland Police Department of the City of Pearland, Texas. I. “Department Head” shall mean the Police Chief of the Pearland Police Department and shall include an interim or acting Police Chief. J. “Director” shall mean the director of the Police Officers’ Civil Service Commission for the City of Pearland or that person’s designee. K. “Light Duty” shall mean a time period during which a Police Officer is medically determined to be unable to perform all essential functions of their job description, due to conditions including, but not limited to, illness, injury, and/or pregnancy. Placement on or removal from Light Duty status will be pursuant to City policies outlined in the City’s Employee Handbook and effective at the time of illness, injury, and/or pregnancy. L. “Local Rules” shall mean the Local Rules & Regulations of the Police Officers’ Civil Service Commission for the City of Pearland, Texas. M. “Parties” shall mean the City of Pearland and the Pearland Police Officers’ Association collectively. Each may be referred to individually by the term “Party.” N. “Police Officer” shall mean a person who is a member of the Pearland Police Department serving in substantial compliance with Chapter 143 of the Texas Local Government Code, who is entitled to civil service status under section 143.005 of the Texas Local Government Code, and who is not appointed under section 143.013 or 143.014. The term “Police Officer” does not include employees exempt pursuant to Texas Local Government Code Section 142.058(b), but it does include employees serving in the rank of Officer, Sergeant, Lieutenant, and/or Captain. Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 O. “TCOLE” shall mean the Texas Commission on Law Enforcement. ARTICLE 1 – PURPOSE OF AGREEMENT It is the intent and purpose of this Agreement, entered into by and between the City of Pearland, Texas (hereinafter, “City”), and the Pearland Police Officers’ Association (hereinafter, “Association”), to foster effective cooperation between the City and Police Officers. This Agreement has been reached by the Parties through the process of meet and confer, as set forth in Texas Local Government Code, Chapter 142. ARTICLE 2 – PREEMPTION Pursuant to Texas Local Government Code, Section 142.067, the provisions of this Agreement shall supersede the provisions of any statute, executive order, department order, local ordinance, or Local Rules, which are in conflict herewith, including, but not limited to, Texas Local Government Code Chapter 143. The Parties expressly agree that each provision of this Agreement involving or creating a conflict shall have the effect of superseding the statutory standard or result which would otherwise be obtained in the absence of this Agreement. It is understood and agreed that unless specifically modified by this Agreement, state law, the City’s personnel policies and administrative rules, the Local Rules, and the Department’s rules, regulations, and orders shall continue to apply to employees covered by this Agreement. ARTICLE 3 – ENTRY LEVEL HIRING PROCESS A. Testing a. Notice of an entry-level examination may be posted at the Director’s discretion. b. The Director may initiate entry-level examinations before a current eligibility list expires or is exhausted. c. If a list already exists on the date of an entry-level examination, test takers will be added to the list in test score order, after any names already on the list from previous exam dates. d. The Director may maintain two lists of applicants who have taken and passed an entry-level examination. One list may be limited to only those applicants who already hold a TCOLE peace officer license. The second list will include applicants who do not hold a TCOLE peace officer license. An applicant on either list will be removed if he or she has not been hired within six (6) months after the date the applicant has taken the test and placed on the applicable (certified, non- certified) list. B. Appointment Applicants may be hired from any entry-level list existing on the individual’s start date with the City. For each employee hired as a cadet prior to becoming a Police Officer (i.e., from the non-certified list), the probationary period begins on the Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 date the cadet is sworn as a Pearland Police Officer and lasts for one year (365 days) thereafter. C. Extension of Probationary Period a. Any Police Officer who is placed on Light Duty for any length of time during their probationary period will have their probationary period extended for an amount of time commensurate with the period of Light Duty. b. Any Police Officer who takes paid or unpaid leave pursuant to the Family & Medical Leave Act (FMLA), the Pregnant Workers’ Fairness Act (PWFA), the Americans with Disabilities Act as Amended (ADAAA), or other similar federal or state laws governing medical leave during their probationary period will have their probationary period extended for an amount of time commensurate with the period of leave. c. Any Police Officer who is a member of the military, National Guard, or a member of the reserve components of the armed forces who takes paid or unpaid leave to serve in any branch of the military during their probationary period will have their probationary period extended for an amount of time commensurate with the period of leave given to complete their assigned military service. d. Any Police Officer who is relieved of duty or placed on administrative leave during their probationary period will have their probationary period extended for an amount of time commensurate with the period of relief of duty or administrative leave. D. Entry-level Appointment Lists Existing at the Time This Agreement Goes into Effect For any entry-level appointment list existing on the date this Agreement is ratified, the list will continue to exist until it expires or is exhausted pursuant to any statutes and Local Rules that would be applied to such an entry-level list on the day it was finalized by the Civil Service Director. Such a list may continue to exist concurrently with a new entry-level appointment list(s) effective date of this Agreement. E. Effect of Agreement Expiration The provisions of this Article shall remain in full force and effect after expiration of this Agreement as to any hiring process which has been commenced, as determined by the Department Head, in substantial reliance upon the provisions of this Article. Any pool of eligible candidates created under the terms of this Article will expire six (6) months from the date of creation, notwithstanding the expiration of this Agreement, unless exhausted prior to the expiration of six (6) months. F. Statutory Preemption This Article modifies and preempts sections 143.021(c), 143.024, 143.025, 143.026, 143.027, 143.037, and 143.041 of the Texas Local Government Code. This Article further preempts, to the extent of any conflict, all other contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department Head or City Manager or by a division or agent of the City, such as the Commission. Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 ARTICLE 4 – PAY A. As permitted under Section 143.041, Texas Local Government Code, seniority pay based on time in each rank step is hereby incorporated into the Civil Service Pay Plan as reflected in the attached Appendix A and Appendix B as indicated therein. The City shall compensate each Police Officer in accordance with the Police Officer’s rank and step indicated on such Plan until the expiration of this Agreement. Such Plan shall reflect the minimum amount of base pay in each applicable year. The effective date for the time in step seniority system shall continue to be based on the employee’s civil service seniority date as a Police Officer or date of promotion as applicable. B. Starting from the rates of pay outlined in the City’s Fiscal Year 2025 Civil Service Pay Plan and being paid to each Police Officer during Fiscal Year 2025, each Police Officer will be given raises during the term of this Agreement on the schedule outlined in Appendix A and Appendix B attached to this agreement. C. This Article modifies and preempts Section 143.041 of the Texas Local Government Code. This Article further preempts, to the extent of any conflict, all other contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department Head or City Manager or by a division or agent of the City, such as the Commission. ARTICLE 5 – PROMOTIONS A. Any promotional list(s) existing at the time this Agreement is ratified will continue to exist until expiration or exhaustion pursuant to any statutes and Local Rules that would apply to such a promotional list on the date it was certified. B. Any promotions occurring during the term of this Agreement will be made pursuant to the terms of this Agreement. C. Any promotional list(s) existing at the time this Agreement expires shall continue to exist for one year after the date of the exam or until exhausted. D. After a captain or lieutenant promotional exam is certified, each vacancy occurring in the captain or lieutenant rank may be filled by the Department Head choosing any person from the top three on the list who passed the exam pursuant to the Local Rules. Such selection is not subject to a review under TLGC section 143.036. E. Employees promoted to the rank of sergeant, lieutenant, or captain shall serve a nine (9) month probationary period upon their appointment to their new rank. The Department Head may demote any employee during their promotional probationary period; however, prior to any such demotion, reasonable effort shall be made to ensure the success of the promoted employee, including training as deemed appropriate by the Department Head. Demotions made by the Department Head pursuant to this provision are not subject to the demotion process of Section 143.054 of the Texas Local Government Code. F. This Article modifies and preempts Sections 143.028, 143.031, 143.036, and 143.054 of the Texas Local Government Code. Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 ARTICLE 6 – DEMOTIONS A. Any demotion of a supervisor who was promoted during the term of this Agreement is not subject to appeal if the demotion occurs within nine (9) months after the supervisor was promoted. Delivery of a demotion notice must be in writing and may be by hand delivery or to a valid email address provided to the Department by the supervisor during the investigation. The demotion notice shall provide a reasonable explanation to the supervisor for the basis for the demotion. B. This Article modifies and preempts Section 143.054 of the Texas Local Government Code to the extent it conflicts. ARTICLE 7 – VACATION ACCRUALS A. Police Officers will accrue vacation at a rate of four (4) weeks of vacation per year beginning on their ninth (9th) anniversary of employment with the City. B. Police Officers will accrue vacation at a rate of five (5) weeks of vacation per year beginning on their nineteenth (19th) anniversary of employment with the City. ARTICLE 8 – MISCELLANEOUS A. Past Practices The City, through its City Manager, reserves the right to make or change any act or decision to which it is entitled to, pursuant to local, state, and federal laws and City policies and procedures, and the exercise of that right will not be limited by any written or unwritten past practice or policy. The City’s exercise of such right will not be contrary to this Agreement, the law, or the City’s Employee Handbook. B. Indemnification and Limitation of Liability Except as provided herein, the Association shall indemnify and hold harmless the City, and each of its directors, officers, agents, and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including without limitation attorneys’ fees and reasonable litigation costs, arising out of, connected with, or resulting from any acts or omissions of the Association or any agent, employee, subcontractor, or contractor of the Association in the execution of performance of this Agreement. If any action or proceeding shall be brought by or against the City in connection with any such claim, action, suit, demand, proceeding, cost, damage, or liability, the Association, on notice from the City, shall defend the City against such action or proceedings at Association’s expense, by or through attorneys reasonably satisfactory to the City. C. Force Majeure Neither the Association nor the City will be liable for any failure or delay in this Agreement due to any cause beyond its reasonable control, including acts of war, epidemics, acts of God, earthquakes, floods, embargoes, riots, sabotage, cyber-attacks, Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 labor shortages or disputes, governmental acts including, but not limited to, measures taken to address or contain disease outbreaks, or failure of the Internet (not resulting from the negligence or misconduct of Association), provided that the delayed party: (i) gives the other Party prompt notice of such cause, and (ii) uses its reasonable efforts to promptly correct such failure or delay in performance. D. Jurisdiction and Venue The Parties agree that any dispute under this Agreement shall be brought in a court of competent jurisdiction in Brazoria County, Texas, and that this Agreement shall be governed by Texas law, except for the conflict of law provisions. E. Term a. This Agreement shall become effective on June 9, 2025, following ratification by the Association and adoption by the City Council in accordance with Texas Local Government Code Chapter 142. b. This Agreement shall terminate as to all Articles on September 30, 2027. F. Severability In the event that any provision(s) of this Agreement shall for any reason be held invalid, illegal, or unenforceable, the invalidity, illegality, or unenforceability of such provision(s) shall not affect any other provision(s) of this Agreement, and it shall further be construed as if the invalid, illegal, or unenforceable provision(s) had never been a part of this Agreement. G. Complete Agreement The Parties agree that each has had full and unrestricted right and opportunity to make, advance, and discuss all matters properly within the meet and confer process. This Agreement constitutes the full and complete Agreement of the Parties and there are not others, oral or written, except as specified in this Agreement. This Agreement supersedes and replaces any and all prior agreements and understandings between the Parties. Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 SIGNATURES AND EXECUTION PAGE THE FOREGOING INSTRUMENT HAS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATURES INDICATED BELOW: THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS APPROVED BY PEARLAND CITY COUNCIL ON THE ______ OF ______________, 2025 BY:________________________________ DATE:_____________________ TRENT EPPERSON CITY MANAGER BY:________________________________ DATE:_____________________ DARRIN COKER CITY ATTORNEY BY:________________________________ DATE:_____________________ DAVIS VO ASSOCIATION PRESIDENT BY:________________________________ DATE:_____________________ GREG CAGLE, TMPA ASSOCIATION ATTORNEY June 4, 2025 June 4, 2025 Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 6/10/2025 | 9:12 AM CDT 6/10/2025 | 11:36 AM CDT APPENDIX A – CIVIL SERVICE PAY PLAN FOR FISCAL YEAR 2026 October 1, 2025 Class Grade Step 0 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Police Officer PO $75,600.00 $77,868.00 $80,204.04 $82,610.16 $85,088.47 $87,641.12 $90,270.35 $92,978.46 $95,767.82 $98,640.85 $101,600.08 $36.35 $37.44 $38.56 $39.72 $40.91 $42.14 $43.40 $44.70 $46.04 $47.42 $48.85 Sergeant SG $105,664.08 $108,834.00 $112,099.02 $115,461.99 $118,925.85 $122,493.63 $50.80 $52.32 $53.89 $55.51 $57.18 $58.89 Lieutenant LT $127,393.38 $131,215.18 $135,151.63 $139,206.18 $61.25 $63.08 $64.98 $66.93 Captain CP $143,382.37 $147,683.84 $152,114.35 $68.93 $71.00 $73.13 Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 APPENDIX A – CIVIL SERVICE PAY PLAN FOR FISCAL YEAR 2026 April 1, 2026 Class Grade Step 0 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Police Officer PO $77,112.00 $79,425.36 $81,808.12 $84,262.36 $86,790.24 $89,393.94 $92,075.76 $94,838.03 $97,683.17 $100,613.67 $103,632.08 $106,741.04 $37.07 $38.19 $39.33 $40.51 $41.73 $42.98 $44.27 $45.60 $46.96 $48.37 $49.82 $51.32 Add Step 11 Sergeant SG $111,010.68 $114,341.00 $117,771.23 $121,304.37 $124,943.50 Eliminate $53.37 $54.97 $56.62 $58.32 $60.07 Step 5 Lieutenant LT $129,941.24 $133,839.48 $137,854.66 $141,990.30 $62.47 $64.35 $66.28 $68.26 Captain CP $146,250.01 $150,637.51 $155,156.64 $159,811.34 $70.31 $72.42 $74.59 $76.83 Add Step 3 Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 APPENDIX B – CIVIL SERVICE PAY PLAN FOR FISCAL YEAR 2027 October 1, 2026 Class Grade Step 0 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Police Officer PO $80,196.48 $82,602.37 $85,080.45 $87,632.86 $90,261.84 $92,969.70 $95,758.79 $98,631.55 $101,590.50 $104,638.22 $107,777.36 $111,010.68 $38.56 $39.71 $40.90 $42.13 $43.40 $44.70 $46.04 $47.42 $48.84 $50.31 $51.82 $53.37 Sergeant SG $115,451.11 $118,914.64 $122,482.08 $126,156.55 Eliminate $55.51 $57.17 $58.89 $60.65 Step 4 Lieutenant LT $131,202.81 $135,138.89 $139,193.06 $143,368.85 $63.08 $64.97 $66.92 $68.93 Captain CP $149,103.61 $153,576.71 $158,184.01 $162,929.54 $71.68 $73.83 $76.05 $78.33 Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 APPENDIX B – CIVIL SERVICE PAY PLAN FOR FISCAL YEAR 2027 April 1, 2027 Class Grade Step 0 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Police Officer PO $82,602.37 $85,080.45 $87,632.86 $90,261.84 $92,969.70 $95,758.79 $98,631.55 $101,590.50 $104,638.22 $107,777.36 $111,010.68 $114,341.00 $39.71 $40.90 $42.13 $43.40 $44.70 $46.04 $47.42 $48.84 $50.31 $51.82 $53.37 $54.97 Sergeant SG $118,914.64 $122,482.08 $126,156.55 $129,941.24 $57.17 $58.89 $60.65 $62.47 Lieutenant LT $135,138.89 $139,193.06 $143,368.85 $147,669.92 $64.97 $66.92 $68.93 $71.00 Captain CP $152,100.01 $156,663.01 $161,362.91 $166,203.79 $73.13 $75.32 $77.58 $79.91 Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4