From
Steve Dye
Title
Ordinance providing for special pays for police officers and physical fitness incentive hours; other seniority pay for City of Grand Prairie tenure, longevity pay, field training officer pay, certification pay, educational pay, shift differential pay and lateral entry pay and providing an effective date
Presenter
Chief Steve Dye, Police Department
Recommended Action
Approve
Analysis
The Grand Prairie Police Department is proposing to implement a Physical Fitness Incentive Program, for sworn police officers, with the goal of improving the overall departmental physical fitness level toward the more effective provision of police services for the officers and citizens. In addition, a goal of the program is a reduction in injuries and healthcare related claims. After extensive analysis and coordination with other City Departments and existing employees, the police department is recommending implementation of the Police Officer Physical Fitness Incentive Program to commence upon approval of the proposed ordinance.
Eligibility and Testing Process
In order to be eligible to take the annual Police Officer Physical Fitness Incentive Test, a police officer would need to have successfully completed their Field Training Program. All officers would be required to complete the test once per year; however, no passing score or sanctions for a low score would be a part of the program. The completion of this test would be performed during the officer’s normal duty hours and would be proctored and documented by supervisory personnel. Officers would be able to test at both the Public Safety Building and the Charles V. England Public Safety Training Complex where the approved courses have been certified.
Background and Test Composition
Over one year ago, the police department formed a Physical Fitness Committee comprised of several officers in the department who varied in both work assignments and fitness levels. The goal of the committee was to formulate a plan whereby the overall departmental physical fitness level could be improved toward the more effective of provision of police services by the officers for those served. In addition, a goal of the program would be a reduction in injuries and health care related claims.
The Chief of Police tasked the Committee with developing an annual physical fitness test, which would be based on a police officer’s job description and would not be predicated on or require a separate test or scale for gender or age. In addition, meetings were held with the police association and it was agreed upon that the annual test would be mandatory, since it requires nothing beyond the officer’s job description, but that no sanctions or penalties would be attached to the scores as it would be incentive-based only. After much discussion and several options considered, the below test has been authorized by the Chief of Police as the Grand Prairie Police Department’s Annual Police Officer Physical Fitness Test. While simplistic in nature, it reflects essential elements of a police officer’s duties and is designed to challenge all levels of physical fitness.
GPPD PHYSICAL FITNESS TEST
This timed test starts with Leg #1 - an 80 meter run. At the end of the run, the officer stops and does three (3) hand release push-ups (at the bottom you lay on your chest and pull your hands off the ground). Officers continue with Leg #2 - another 80 meter run with two (2) “burpees” at the end. Officers repeat the course and the number of complete legs in 15 minutes is the score.
The hand release push-ups after an 80 meter sprint simulates chasing a suspect then using upper body strength to affect an arrest. The burpees require bending, leaping and upper body strength, all of which are elements needed in day-to-day police work. The burpees also represent a short burst of energy exertion that is utilized in law enforcement (i.e. jumping out of a patrol car and chasing a suspect or assisting a citizen).
The test is timed by designated personnel and the scores recorded by the Personnel/Training Unit.
Last year, GPPD Officers completed the proposed physical fitness test as a means of benchmarking the data. The low score was 10 repetitions, the high score was 38 repetitions and the average score was 25 repetitions.
Incentive Guidelines
If approved, officers would receive four (4) Fitness Hours for completing 18-24 repetitions; five (5) hours for 25; six (6) hours for 26; and so on. This system of earning Fitness Hours should result in providing an incentive to all fitness levels within the department. The Fitness Hours would be used by officers for taking time off on days when it would not affect minimum staffing levels. In addition, the Fitness Hours would need to be used before taking the Physical Fitness Test the next calendar year and the hours could not accumulate or rollover. Payroll and the Human Resources Departments have confirmed these Fitness Hours can be set up and separately tracked in the City’s Lawson system.
At no time could the Fitness Hours be converted to pay. However, because the Fitness Hours are a form of compensation they are considered a Special Pay, which requires the approval of an ordinance by City Council and a Police Department Policy. In compliance with Section 143.044(d) of the Texas Local Government Code, the ordinance will classify the fitness hours as fitness pay.
Other Special Pay Types
Currently, the City provides other special pay types to include: other seniority pay for City of Grand Prairie tenure, longevity pay, field training officer pay, certification pay, educational pay, shift differential pay, and lateral entry pay. In regard to educational pay and certification pay, an employee may only receive the highest qualifying amount of these two pay types, but not both. These special pay types are also included in this ordinance in order to comply with the requirements of Local Government Code Chapter 143.
The Police Officer Physical Fitness Incentive Program was presented to the Public Safety, Health and Environmental Committee on July 2, 2014. The Committee supported and approved the proposal and recommended the program and attached ordinance be forwarded to the City Council on July 15, 2014 for formal consideration.
Financial Consideration
The proposed Police Officer Physical Fitness Incentive Program would not involve a monetary cost to the City. Officers receiving Physical Fitness Incentive Hours would be required to use those hours at a time when it would not affect minimum staffing. In addition, the officers would lose the fitness hours if they are not used within one year of the test date when they earned the hours. As a result, the fitness hours would not rollover or accumulate. These hours would be tracked and recorded in a separate category so they would not be considered or accumulated with the employee’s compensatory time.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, PROVIDING FOR SPECIAL PAY TYPES FOR POLICE OFFICERS
WHEREAS, the City of Grand Prairie has adopted Chapter 143 of the Local Government Code, or “Civil Service;” 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 Grand Prairie recognizes improving the overall physical fitness level of police officers is an asset to the City of Grand Prairie Police Department toward the more effective delivery of police services to its citizens; and
WHEREAS, authorizing the Physical Fitness Incentive Program may reduce work-related injuries and health care related claims; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That the City Council hereby finds the statements made in the preamble are true and correct;
SECTION 2. (1) That the City Council authorizes the types of extra pay for Police Officers as defined in Section 3 herein; (2) Detailed rules and regulations for qualifying standards, eligibility, and administration of such pay types may be stated within City and/or Police Department policies. Such policies are subject to change as needed and approved by the City Manager for purposes of City policies or by the Chief of Police for purposes of Police Department policies; and (3) Changes in the actual pay amount shall be made through an ordinance amending such.
SECTION 3. Eligible pay types are authorized by City Council below for Police Officers:
1. Fitness Pay:
a. Fitness Pay, in the form of Fitness Hours, is authorized to police officers who successfully complete the Police Department’s Annual Police Officer Physical Fitness Incentive Test.
b. Fitness Hours will be paid in work hours, which may not be accumulated and must be redeemed within one year of the test date. Fitness Hours will be paid in correlation to the test result as specified in written policy.
c. Fitness Pay is authorized in accordance with Chapter 143.044(d) and administered in accordance with Police Department policy.
2. Seniority Pay - Lateral Entry (prior Police Experience):
a. Seniority Pay is authorized by Chapter 143.041(c)(1).
b. Applicants for police officer positions who are hired after December 31, 2011 shall be eligible for Special Seniority pay for lateral entry if they have at least two (2) years’ continuous service as a paid, full-time certified peace officer with the authority to enforce laws, investigate crimes, make arrests, respond to calls for service, carry a firearm, and use discretion as part of their assigned duties. A lateral entry applicant shall not have more than a three (3)-year break in service from the time the applicant left a comparable law enforcement agency and the time the applicant applied with the Grand Prairie Police Department.
c. Currently-employed officers who would have qualified for this new Lateral Entry Seniority pay at the time of hire shall be moved into the current pay schedule as appropriate and approved by the Chief of Police effective December 31, 2011, so long as their employment records are verified and they are found to be eligible.
d. Starting Pay: The starting pay for lateral entry officers with prior law enforcement experience will be determined based on the number of authorized sworn officer positions employed by their previous law enforcement agency or agencies on the date of their Civil Service Entrance Examination with the Grand Prairie Police Department.
i. Lateral entry officers who have at least two (2) years of qualified service at a law enforcement agency with less than the number of authorized sworn police officer positions employed in the Grand Prairie Police Department shall be initially placed at Step 2 of the Grand Prairie Police Department pay schedule.
ii. Lateral entry officers who have at least two (2) years of qualified service at a law enforcement agency with an equal or greater number of authorized sworn police officer positions employed in the Grand Prairie Police Department shall be credited with their total number of whole years of service. These officers shall be initially placed at the step in the police pay schedule commensurate with their qualified years of experience up to, but not exceeding, the rate of pay specified in beginning pay level of Step 7.
iii. If a qualified lateral officer has previous experience with both a department smaller than and equal or greater to the size of the Grand Prairie Police Department, then that officer shall be credited with the service time of the larger department if that service is at least two (2) full years.
iv. Previous Grand Prairie Police Officers who are re-appointed as Police Officers shall be placed in the same salary step they held at the time of their resignation unless the applicant terminated while at a supervisory rank. If the re-appointed officer left the Grand Prairie Police Department while in a supervisory capacity, then the re-appointed officer’s pay shall correspond with the re-appointed officer’s total prior service years, but shall not exceed the top pay of police officer rank.
e. Departmental Seniority Impact: The Lateral Entry Program described in the Sub-section is for seniority pay purposes only to determine placement into the existing pay schedule. Actual work experience in another law enforcement agency will not be considered for promotional eligibility requirements, departmental seniority or transfers. Departmental seniority for lateral entry officers and re-appointed officers will begin on their most recent Civil Service hire date with the Grand Prairie Police Department.
f. Requirements: Guidelines and administration for eligibility for lateral entry shall be governed by police policies. The Chief of Police shall make the final determination as to whether an applicant meets the criteria for the Police Lateral Entry Program and the Chief's decision shall be final and non-appealable to the Civil Service Commission or to any court.
3. Seniority Pay - City of Grand Prairie experience
a. Sworn Police employees shall be paid City Seniority pay at the rate of $3.00 per month of full time service with the City as defined by rules set forth in City policy.
b. Seniority pay is authorized in accordance with Chapter 143.041(c)(1) and is administered in accordance with City policy.
c. City-authorized Seniority pay is not guaranteed and may be changed or stopped at the discretion of the City manager and is subject to available funding.
4. Longevity Pay:
a. Sworn Police employees shall be paid statutory Longevity pay at the rate of $4.00 per month of full time service in accordance with City policy, Chapter 141, and as allowed under Chapter 143.041(c)(1).
b. City policy provides specifics on administration, application and any limits that apply in accordance with State Law.
5. Field Training Officer (FTO) Pay:
a. Field Training Officer Pay shall be paid to City of Grand Prairie full time Police Officers at a rate of $23.08 per work week or $100 per month as authorized/designated by the Chief of Police to perform field training officer functions.
b. Field Training Officer pay is authorized in Chapter 143.043 and administered in accordance with Police Department policy
6. Certification Pay:
a. Officers obtaining either an Intermediate or Advanced Certification level from TCLEOSE shall be paid certification pay in the amount of $9.23 per work week or $40 per month for Intermediate Certification or $18.46 per work week or $80 per month for Advanced Certification.
b. Certification Pay is authorized in accordance with Chapter 143.044(b) and administered in accordance with Police Department policy.
c. Officers are eligible to receive only one certification pay based on the highest eligible certification obtained. An Officer shall not be paid both certification and educational incentive pays; instead the officer shall be paid whichever type of pay results in the greater monthly amount.
7. Educational Incentive Pay:
a. Education pay shall be paid at a rate of $11.54 per work week or $50 per month for an eligible Associates degree or $23.08 per work week or $100 per month for an eligible Bachelors Degree.
b. Education pay is authorized in accordance of Chapter 143.044(c) and administered in accordance with Police Department policy. Only certain degree programs qualify and they must be through an approved accredited university as stated in Police Department Policy.
c. Officers are eligible to receive only one Educational Incentive based on the highest degree level obtained. An Officer shall not be paid both certification and educational incentive pays; instead the officer shall be paid whichever type of pay results in the greater monthly amount.
8. Shift Differential Pay:
a. Shift Differential pay shall be paid at a rate of $23.08 per work week or $100 per month while on a qualified shift.
b. Shift Differential Pay applies only to officers who are assigned to a shift in which more than fifty (50) percent of the time worked falls after 6:00 p.m. and before 6:00 a.m. in accordance with Chapter 143.047(a).
c. Police Department policy provides guidance on administration of such pay.
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.
SECTION 5. The effective date of this ordinance is July 15, 2014 and will be effective until repealed by the City Council or amended by a subsequent Ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, IN REGULAR COUNCIL SESSION THIS THE 15th DAY OF JULY, 2014.