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HomeMy WebLinkAboutOrd. 1652 20251013 ORDINANCE NO. 1652 An Ordinance of the City Council of the City of Pearland, Texas, establishing Seniority Pay-Lateral Entry for hiring police officers with prior full-time paid law enforcement experience; setting forth qualification criteria; providing a savings clause; providing for severability and an effective date. WHEREAS, the City of Pearland has adopted Chapter 143 of the Local Government Code, or “Civil Service” for the City of Pearland Police Department (PPD); and WHEREAS, the City Council has the authority as the “Governing Body,” under Chapter 143 and specifically §143 Subchapter C - Compensation, to set extra pay types by ordinance as defined in that section for classified police positions; and WHEREAS, the City of Pearland recognizes that recruiting officers with prior full-time paid law enforcement experience is an asset to the PPD and to the citizens; and WHEREAS, authorizing extra pay in addition to the City’s pay schedule maintains competitiveness in the market for recruitment and retention efforts; and WHEREAS, the PPD Step Plan Pay Scale and all applicable extra pay types are adopted annually as part of the City’s Budget, and this ordinance is intended to supplement the Step Plan Pay Scale; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby finds the statements made in the preamble are true and correct. Section 2. That the City Council hereby authorizes extra pay for Police Officers who possess prior law enforcement experience as defined below: Seniority Pay - Lateral Entry (prior Police Experience) a. Authorization: Texas Local Government Code § 143.041(c)(1). b. Eligibility: Applicants for police officer positions shall be eligible for Special Seniority pay for lateral entry if they have had at least two (2) years of continuous service as a paid, full-time certified peace officer, licensed in the State where they were employed and hold a current, valid Texas Commission on Law Enforcement license on their hire date. “Certified peace officer experience” means they had the authority to enforce laws, investigate crimes, make arrests, respond to calls for service, carry a Docusign Envelope ID: 13C27D12-C62F-4959-8065-FE2303A115F2 ORDINANCE NO. 1652 firearm, and use discretion as part of their assigned duties. A lateral entry applicant shall not have more than a one (1)-year break in service from the time the applicant left the law enforcement agency and the time the applicant applied with the PPD. c. Starting Pay: i. A Lateral Entry Officer shall be placed at the step in the police pay schedule commensurate with their qualified complete years of experience up to, but not exceeding, the pay step reflecting four (4) years of service (“Maximum Service”). Except that the City Manager, on or after 1 year after the effective date of this Ordinance, shall have discretion to increase the Maximum Service to five (5) years of service. ii. Upon adoption, this Ordinance shall apply to and benefit PPD officers hired prior to its adoption, if an officer was hired with qualifying prior experience as a peace officer as defined herein. Qualifying PPD officers hired prior to the adoption of this Ordinance will be moved to a maximum of Step 4 on the Police Officer rank portion of the Pay Plan; except that if the City Manager increases the Maximum Service from four (4) to five (5) years as authorized herein, the qualifying PPD officers will be moved to a maximum of Step 5 on the Police Officer rank portion of the Pay Plan. d. Departmental Seniority Impact: The Lateral Entry Program described herein is adopted for pay purposes only to determine placement into the existing pay plan. Actual work experience in another law enforcement agency shall not be considered for promotional eligibility requirements, departmental seniority, transfers, or benefit accrual rates. Departmental seniority for purposes of reduction in force under LGC 143.085, lateral entry officers, and re-appointed officers will begin on an officer’s most recent Civil Service hire date with the PPD. e. Probationary Period: All police officers hired by the Pearland Police Department are subject to the probationary period requirements of the CITY OF PEARLAND POLICE OFFICERS CIVIL SERVICE RULES AND REGULATIONS. f. Hiring Standards: Lateral Entry Officers are held to the same hiring standards as set forth by the City of Pearland’s Civil Service Rules and Regulations and policies of the PPD. The Chief of Police shall make the final determination as to whether an applicant meets the criteria for credit for prior experience and/or pay step for a Lateral Entry Officer and the Chief's decision shall be final and non-appealable to the Civil Service Commission or to any court. Section 3. All rights and remedies which have accrued in favor of the City under this Ordinance shall be and are preserved for the benefit of the City. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Docusign Envelope ID: 13C27D12-C62F-4959-8065-FE2303A115F2 ORDINANCE NO. 1652 Section 5. The effective date of this ordinance is the date of adoption by the City Council and will be effective until repealed by the City Council or amended by a subsequent Ordinance. PASSED and APPROVED ON FIRST READING this the 22nd day of September, A.D., 2025. ________________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED and APPROVED ON SECOND and FINAL READING this the 13th day of October, 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: 13C27D12-C62F-4959-8065-FE2303A115F2