Fort Worth Po tice OFFiceRS ASSOCIATION {904 COLLIER PHONE: 817-870-2171 FORT WORTH, TX 76102 FAX: 817-870-1103 October 4, 2016 To: Chief Joel Fitzgerald Chief of Police, Fort Worth Police Department Via email: Police.chief'@fortworthtexas.cov Via CMRRR: #7015-1520-0003-4934-1717 From: Fort Worth Police Officers Association Reference: Article 8 Dispute Resolution Procedure Class Action Dispute - Step 1 Grievance Statement of Facts: This grievance pertains to violations of Article 11, Section 13 and Section 14 and violations of Article 17. On August 25, 2016, the Fort Worth Police Department began accepting applications through the Background Unit for applicants for the Lateral Entry Officer Class #5 to begin on September 26, 2016. Due to the incredibly short time frame to conduct the Background investigations, physical examinations, psychological examinations, drug screens, and polygraph examinations, within ten (10) days to fourteen (14) days after submitting their applications applicants were receiving Letters of Offers of Conditional Employment from Chief J. Fitzgerald. At the time the Letters were sent to the applicants, background investigations were not even near completion. The Letters were required to be sent to the applicants in order to schedule the applicants’ appointments for the medical examinations, drug screens, polygraph examinations, and psychological examinations. On September 26, 2016, LEO Class #5 began the Fort Worth Police Department training academy for lateral entry officers. At the time the class began, several trainees” background investigations were still not completed. At least four, if not more, applicants were hired in violation of the Modified Hiring Process for Lateral Entry Officers as, outlined in Article 11, Section 13 and Section 14 of the Meet and Confer Agreement. Specifically, that “at the time of application”, some of the applicants for LEO Class #5 did not hold a current Intermediate peace officer certificate from the Texas Commission on Law Enforcement or the applicant at the time of application did not meet the established criteria from TCOLE for obtaining an intermediate peace officer certificate, FIWPOA LEO Clas spate Step 1 Grievance Pe.Furthermore, one applicant was allowed to start the LEO Class without submitting to and successfully passing a polygraph as part of the background investigation and per the requirements set forth in the City of Fort Worth posting for Lateral Entry Officer Announcement #4104 posted on August 25, 2016 through September 14, 2016. Upon review of the applicant/trainees background books on Saturday, September 24, 2016, background Sgt. S. Rhoden discovered that one of the applicants for LEO Class #5 needed to still submit to and successfully pass a polygraph. Sgt. Rhoden scheduled a polygraph examination for the applicant for Sunday, September 25, 2016. Sgt. Rhoden notified the applicant to report on Sunday to submit to the polygraph. Within twenty (20) minutes of notifying the applicant of his scheduled polygraph, Sgt. Rhoden received a text message from her Lt. advising her that she was ordered to cancel the polygraph scheduled for the applicant. The Lt. advised it was his understanding that this order came directly from Deputy Chief Keyes. Lt. Hix and Sgt. Rhoden made Deputy Chief Keyes and Assistant Chief Pridgen aware that certain applicants did not meet the criteria outlined in the Meet and Confer Agreement and to include these applicants in the lateral entry officer class would be a violation of the Agreement. Chief Keyes and Chief Pridgen although aware of the violations of the Agreement, ordered Lt. Hix and Sgt. Rhoden to include unqualified applicants in LEO Class #5. ‘Sgt. Rhoden emailed Assistant Chief Pridgen about the fact she was ordered not to polygraph the applicant prior to him starting the LEO class the following Monday and about the fact that his failure to submit to and pass a polygraph was a violation of the Meet and Confer Agreement and the City’s hiring requirements posted on the Vacancy Announcement. Sgt. Rhoden was reprimanded the next week for sending an email directly to Assistant Chief Pridgen regarding Deputy Chief Keyes’ order to not polygraph the applicant. On September 30, 2016 both Lt. Hix and Sgt. Rhoden were advised by Asst. Chief Pridgen to “look for a new home” as they were both being transferred out of the Background Unit. ‘The FWPOA believes these transfers to be retaliatory in nature against Lt. Hix and Sgt. Rhoden due to their repeated notifications to Deputy Chief Keyes and Asst. Chief Pridgen that several applicants did not meet the criteria for the LEO Class as contained in the Meet and Confer Agreement. Despite these repeated notifications to the commanders over Background of unqualified applicants, they were told to include the unqualified applicants in the LEO Class #5 that started on September 26, 2016. Allowing unqualified applicants entry into the Lateral Entry Officer hiring process and to further allow these applicants to become commissioned officers with the FWPD is unfair to other officers on the department as it pertains to seniority rights and pay. Lateral Entry Officer's are paid at a higher rate of pay based on years of service and the LEO class is condensed so the candidates in the Lateral Entry Officer’s class surpass other candidates currently in the regular academy class in seniority. FWPOA LEO Class Dispute Step 1 Grievance Pe-2To date, the Commission has not implemented any changes in the process or procedures of lateral entry officers nor has the City Manager and the Executive Board of the Association approved a Memorandum of Agreement setting forth the changes deemed necessary to address problems or needs that arise after the effective date of this Meet and Confer Agreement. Articles and Provisions of Agreement Violated by the City: Its the position of the Fort Worth Police Officers Association that the above stated actions/orders violate the following terms and provisions of the Agreement: Modified Hiring Process for Lateral Entry Officers Section 13. The Chief shall establish requirements for applicants for lateral hiring from other Law Enforcement Agencies. The requirements need not be the same as those established by Chapter 143 or those applicable to applicants for the position of recruit in the regular training academy. The requirements may be modified by the Chief, but shall include at least the following: 1) At-the time of application, each applicant must be actively employed as a full- time paid officer for a municipal law enforcement agency that serves a population of 100,000 or more. Each applicant must have a total of at least two years of active service as a police officer for a municipal law enforcement agency. 2) Each applicant shall hold a current intermediate peace officer certificate from the Texas) Commission on Law Enforcement Officer Standards and Education (TCLEOSE) or shall meet criteria established by the TCLEOSE for obtaining an intermediate peace officer certificate. 3) Each applicant will be subject to a background investigation and shall be required to pass the City authorized medical examination, drug screening and psychological examination to be considered for employment as a police officer. 4) The Chief shall establish the selection criteria and procedures for the Modified Hiring Process. Applicants who meet the selection criteria and procedures may be hired without being placed on an eligibility list. 5) we 6) The Chief shall establish the training requirements for a Modified Training Academy. All applicants hired through the Modified Hiring Process must successfully complete the Modified Training Academy. 8) ) 10) . The pay rate for lateral hires with 2 ~ 5 years of law enforcement experience will be compensated at the Officer Step 3 rate of pay of the structured pay plan described in Appendix D. The pay rate for lateral hires with 6 or more years of experience will be compensated at the Officer Step 4 rate of pay of the structured pay plan described in Appendix D. These Officers will not advance to the next WPOA 1110 Clas Diste Step Trenance pe3Step rate of pay until their accumulated service time with the City coincides with the next Step rate of pay. 11) Seniority for the purpose of asserting a seniority preference shall be determined by the date of the commission. If the commission dates are the same for two or more Officers, seniority will be determined by the Officers’ relative final position in their Modified Training Academy class. Regardless of the pay rate established for each Modified Training Academy Officer, seniority for purposes of longevity pay shall begin when the officer successfully completes the Modified Training Academy. 12) The Modified Hiring Process described by this Article may be used by the Chief to commission up to thirty applicants for lateral hiring from other applicable Law Enforcement Agencies each fiscal year. Section 14. Change in Process The Commission may implement changes in the process or procedures set forth herein if the City Manager and the Executive Board of the Association approve a Memorandum of Agreement setting forth the changes deemed necessary to address problems or needs that arise after the effective date of this agreement. ARTICLE 13 SENIORITY Section 1. Seniority Defined ‘A. For persons in the police officer classification, seniority for the purpose of asserting a seniority preference shall be determined by the date of the commission. If the commission dates are the same for two or more Officers, seniority will be determined by the Officers’ relative final position in their academy class. ARTICLE 17 NON-DISCRIMINATION Neither the Association nor the City shall engage in discrimination against any ‘employee because of the employee’s membership or non-membership in the Association or because of the employee’s race, color, national origin, religion or creed, age, sex or gender, sexual orientation, military status or veterans” status, or disability or handicap. Section 2. _Non-Interference with Protected Rights. Neither the Association nor the City shall cause or attempt to cause an Officer to interfere with, restrain, or coerce an employee from exercising their right to join or support the Association or other organization or to refrain from joining or supporting the FIWPOA LO Clas Dispite Step 1 Giesance pedAssociation or other organization. Likewise, neither the Association nor the City shall cause or attempt to cause an Officer to interfere with, restrain, or coerce an employee's right to engage in lawful Association activities or to refrain from engaging in lawful Association activities. Section 3. Association Duty of Fair Representation. ‘The Association recognizes its responsibility as the sole and exclusive bargaining agent under the applicable provisions of the TLGC and this Agreement and agrees to represent all Officers in non-arbitrary and non-capricious manner, regardless of their membership or non-membership in the Association or other organization. Section 4. _ City Non-Interference. ‘The City shall not dominate, interfere, or assist in the formation, existence or administration or any employee organization which is qualified to be a collective bargaining agent for Officers; or contribute financial support to any such employee organization. ‘The Fort Worth Police Officers Association requests the following remedies: 1) The City hire an independent firm (agreed upon by the City Manager and the FWPOA) to conduct an investigation and an audit of each LEO lateral entry class to see if the Applicants accepted into each lateral entry class met the requirements of the Agreement at the “time of application”. The investigation should include the actions of Chief Pridgen and Deputy Chief Keyes and any other members of command staff personnel that knew about the unqualified applicants being seated in LEO classes and the retaliation by command staff on members of the background unit. 2) Any candidate in the LEO class #5 that did not meet the requirements outlined in the Agreement at the “time of application” be removed from the class and placed in the next Fort Worth Police Department academy for new hires if the applicant meets the required criteria, 3) Deputy Chief Keyes and Chief Pridgen should be investigated by an independent firm for creating a hostile work environment for the background investigators and personnel. Furthermore, itis possible that Deputy Chief Keyes and Chief Pridgen committed Official Oppression by ordering City employees to intentionally violate the Agreement. These Commanders ordered and forced members of the department to knowingly violate the terms of the Agreement. The violations outlined in the Statement of Facts represent an ongoing and continuous breach and/or violation of the Agreement each day said candidates are allowed to remain HWPOA LO Clas Dispute Sten 1 Grievance Pesin LEO Class #5 without having met the minimum qualifications at the “time of application”. Respectfully submitted, Rick Van Houten Fort Worth Police Officers Association President on behalf of the Fort Worth Police Officers Association Board of Directors FWPOA LEO Class Dispute Step 1 Grexanse pe. 6