At this stage in the meet and confer negotiation process, both parties, the SMPOA and the city, are taking hard lines with respect to what they want to appear in a final agreement.
In light of the recent media attention involving the police department, the meeting Friday showed just how far apart each is from finding agreement on specific issues, including salaries and how to revise language referencing concepts of misconduct and reprimand.
Attempts on Friday for the parties to define insubordination led to the calling of a closed to the public caucus. There was even discussion of removing the term altogether from the agreement document.
The adoption of the specific Hartman reform which asks that portions of employee personnel files be made public was uncertain.
“When it comes to letters of reprimand and sustained discipline, we were asking for that on a going forward basis,” City Manager Stephanie Reyes said. “The association could negotiate for the format of those letters of reprimand.”
Reyes went on to say, “What I’m hearing from you all is that you all aren’t willing to discuss it.” The language of what constitutes a reprimand and what is deemed insubordination has the potential to directly impact an officer's ability to keep his or her job and promotions.
“We’re not willing to jump on that sword and redefine what has already been defined by the state in [Chapter] 143 state law. We don’t want to be known across the state as the ones that did this and allowed this to happen. If it is a change that people want to see then we think it needs to be brought to the state level,” San Marcos Police Department Sgt. Erin Clewell said.
According to the website Texas.Public.Law, the purpose of Chapter 143 is to secure efficient police and fire departments that are comprised of capable personnel. Contained here are articles discussing a variety of applicable and often contentious topics in play in these negotiations, including the ability to remove personnel found guilty of misconduct or a moral turpitude offense, aspects connected to commission appeal procedures, standards of eligibility for starting positions, eligibility for promotion, and causes for demotion, removal or suspension. Under cause for removal or suspension, offenses are stated as follows: conviction of a crime involving moral turpitude or a felony, violations of a municipal charter provision, acts of incompetency, neglect of duty, discourtesy to the public while on duty, acts showing lack of good moral character, drinking intoxicants while on duty, conduct prejudicial to good order, refusal or neglect to pay just debts, absence without leave, shirking duty and violation of an applicable department rule or special order.
“Previously sealed information has now been made public record” which will lead “to a level of accountability–accountability that everyone wants,” San Marcos Police Department Administration Commander Lee Leonard said.
Reyes questioned what it is that Leonard meant by that statement. “So what you’re saying is, that because performance reviews are going to be part of the process now for promotional consideration, that is where you feel that you all are being more transparent in showing if there’s corrective measures?”
With the current agreement in place, letters of reprimand would be shared with the promotional review board and not be subject to public disclosure.
Following this discussion, the parties took on salaries. The proposal made by the police department for this cycle of negotiations is that the city offer the association an increase in officer salaries while still accepting a mostly unchanged meet and confer agreement for a period of one year.
“What I understand is that there is a request for an additional $73,000, almost $74,000, for no changes to the agreement,” Reyes said. “If there’s no change in language, why would we do $74,000 for an additional shift in certification pay?” Reyes said.
Once again, as seen in the previous meeting, there was renewed discussion about the difficulty the department may face when hiring new staff. As far as hiring and retention, “outside organizations getting involved” has led to “a lot of undue stress,” Combined Law Enforcement Associations of Texas Field Representative Danny Arredondo said. “So, when we talk about soft pays and add-ons, those are real things to weigh, that have to be discussed,” referring to the difference between what a base salary looks like and changes brought about by certification and promotional increases.
Arredondo asserted that the current scrutiny of the SMPD should warrant an increase in salary.
Reyes talked about balance with respect to other city departments that need consideration.
“If we were to support a pay proposal at this level that further puts public safety above the needs of the other parts of the organization, it's just not feasible for us to look at it in a vacuum in that way. When I see a number like half a million dollars to include arbitration, that’s just not reasonable, and it’s not doable,” Reyes said.
