Collective Bargaining - City of San Antonio & San Antonio Police Officers Association June 7, 2021

Collective Bargaining
City of San Antonio &
San Antonio Police Officers Association

June 7, 2021
                                      Maria Villagomez, Deputy City Manager
                                Elizabeth Provencio, First Assistant City Attorney

RECAP SINCE FEBRUARY:

  Total of 10 meetings through April 19,
  Ground Rules and City Priorities presented on
   February 12
  Negotiations extended past the 60 day impasse
   period
  Our third extension expires June 11
                                                   2

CITY PRIORITY TERMS:

                       3

DISCIPLINE & TRANSPARENCY
  Consensus Reached                 Negotiations Continue
  • 180 Day Rule                    • Arbitrator’s Authority
  • Do not Take Home                • Consider all past conduct for
    Interrogatories                   disciplinary actions
  • Notice to Officer prior to      • Limit review of evidence prior to
    interview by internal affairs     interview with Internal Affairs to
                                      exclude witness statements

                                                                       4

• Consensus with Major misconduct and
     Discipline &          Minor misconduct
Transparency Priorities   • Major misconduct = misconduct that would
                           be subject to IA investigation

  180-Day                 • Major misconduct would be subject to the
                           discovery rule

    Rule                  • Minor misconduct would still be subject to
                           the current 180-day rule
                          • SAPOA indicated 2 objections with the City’s
                           proposed language
                            • need SAPOA to explain
                                                                         5

• Consensus on 24-hour notification period
 Discipline &     for the Officer
Transparency
                • Consensus on interrogatories being
  Priorities      answered on-site by the Officer

 Modify
                • No consensus on review of materials
                 • City proposal limited to digital information

Timeline
                   available such as body camera

                 • SAPOA seeks to continue review of entire file
                   including all witness statements

                • No consensus on time in Internal Affairs

                                                                   6

• Third party (arbitrator) may change or
Discipline & Transparency     overturn discipline on appeal – no
         Priorities           deference to the Chief’s decision
                            • City proposed 2 separate proposals
     Maintain               • SAPOA proposed 2 separate proposals
   Officers Right
     To Appeal              • No consensus

     Discipline             • Discussions will continue

                                                                       7

• Current contract includes limitations on
Discipline & Transparency     past conduct for consideration of discipline
         Priorities
                            • 10 years for drug and alcohol violations

  Consider
                            • 5 years for intentional violence violations
                            • 2 years for other similar misconduct
    Past                    • City proposed removal of those limitations

  Conduct
                              on consideration of past conduct
                            • No Consensus: SAPOA conditioned this
                              deletion upon its arbitration proposal

                                                                            8

• Current evaluations do not impact pay or
Discipline & Transparency     promotions
         Priorities
                            • City proposed timeline to implement a
                              working group to address performance
         Annual               evaluations
     Performance
                            • Timeline would include a phase-in to factor
    Evaluation for
                              in evaluations for step pay
  Officers As Part of
  Eligibility Criteria      • Timeline would include a phase-in to factor
  for Promotions &            in promotions
      for Step Pay          • No consensus, discussions will continue
       Increased
                                                                         9

OPERATIONAL IMPROVEMENTS
Consensus Reached

              •Increases hours of training from 80 to up to 120 per year
 Scheduling    not including in-service

 Residency    •Increase the residency points for cadet applicants from 1
   Points      to 5

              •Chief has discretion to approve/deny leave based on
   Leave       operational necessity and allows employees to take 240
               hours of consecutive leave upon separation

                                                                        10

OPERATIONAL IMPROVEMENTS
Negotiation Continues

  Civilianization   •Off-Duty Employment Office

   Equipment        •Replace vehicles at 100K miles rather than 70K

    Working         •Chief maintains discretion to adjust working hours
                     and reallocation of Officers among shifts based
     Hours           upon operational needs

                                                                          11

• Wages and healthcare – no consensus

             City Proposal                 SAPOA Proposal

 Wages &
Healthcare    • Healthcare
                                           • Healthcare
               • Pharmacy Value
                                            • Decreased annual
                 Formulary
                                              Employee Contributions to
               • Maintain current annual      2%
                 increases to Employee
                 Contributions                                     12

APPEAL OF DISCIPLINE

   Feb 12: First City proposal on Art. 28
    Disciplinary Actions Authority City
   Feb 26: Heard concerns and received SAPOA Art.
    28
   City explained why SAPOA Art. 28 still gives
    power to third party over discipline, and not to
    the Chief
                                                 13

APPEAL OF DISCIPLINE
 March 19: City asked to share interests of what needed to be
  present
 March 23 City presented Texas legal authority to meet those
  interests
 City sought a joint proposal through interest-based approach
 April 9 SAPOA presented second proposal on Art. 28
 April 16 City proposed second proposal on Art. 28 and
  discussed with legal counsel
 April 19 City provided examples in other Cities’ police contracts
                                                                14

APPEAL OF DISCIPLINE
   City inquired with those cities
   No constitutional concerns
   No legal authority for any constitutional concerns
   Due process ensured pre-termination
   Procedural and substantive due process met with City
    proposal
   Proposal: Continue review by a third-party (arbitrator or
    commission), with weight given to Chief’s disciplinary
    decisions
                                                                15

APPEAL OF DISCIPLINE
 Plain Meaning of Proposal:
 • If the Chief’s decision is supported by substantial evidence, the Arbitrator may not
  substitute the Arbitrator’s judgment for the judgment of the Chief on the appropriate
  level of discipline
 • Unless the Arbitrator finds
  ◦ the decision was reached based on factors outside of the record, or
  ◦ the decision was reached without due process.

  If the Arbitrator concludes that these instances are the case, this agreement authorizes an arbitrator
  to reduce an indefinite suspension to a period greater than 45-days.

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