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CITIES USE MEET AND CONFER AUTHORITY TO THEIR ADVANTAGE

In 2005, the legislature passed a law granting certain cities the discretion to “meet and confer” with police and/or fire associations. (Note: the law applies to any city with a population of 50,000 or more and to cities that have adopted Chapter 143 of the Local Government Code (fire/police civil service), but not to cities that have adopted Chapter 174 of the Local Government Code (collective bargaining), nor to Austin, Houston, or Dallas.) Neither a public employer nor a police or fire association is required to meet and confer. If a city and a police or fire association agree to meet and confer, they may discuss wages, salaries, hours of work, and other terms and conditions of employment.

Some assign a negative connotation to the meet and confer process, but two cities have used the process to negotiate better hiring practices – both for the city and for new recruits.

The City of Abilene had previously adopted civil service for its police officers and fire-fighters. Because of that, the city was eligible to take advantage of the 2005 meet and confer laws. In response to a petition from police and fire associations, the city council recognized the associations and began the meet and confer process.

While the city and the associations dealt with many issues during the process, one in particular stands out. The statutory civil service process includes an entrance exam for police and fire recruits. While that exam may be valuable in some cities, officials in Abilene felt that it was an unnecessary impediment to their ability to hire new recruits. Through meet and confer agreements, the city negotiated away the written examination. According to a recent article in the Abilene Reporter-News:

“Approximately 98 percent of applicants who took the test passed the test, so the test did not seem to be a good predictor of future success in the police academy,” Assistant Police Chief Stan Standridge said. Additionally, Assistant Police Chief Ken Merchant said, there is also some considerable expense involved in each test process, “considering the cost of the test itself and the cost to provide 10 to 15 personnel to register and monitor the day of the test.”
Fire Chief Ken Dozier said…“Since the written test no longer serves to determine the hiring order/ranking order, it really became a step that served little purpose…What it did serve could be dealt with by other portions of the hiring process. So, by elimination of this test, we have one less hurdle that we have to clear before hiring new employees.”

Applicants still must pass physical agility standards, background checks, and oral interviews before qualifying to enter the city’s police academy, but the outmoded entrance exam requirement was eliminated thanks to the flexibility provided by the meet and confer statute.

The City of Brownwood also recently negotiated meet and confer agreements with its police and fire associations. Various provisions in the agreements benefit both the city and its public safety employees. Mayor Bert Massey’s quote in the Brownwood Bulletin sums it up: “I must tell you candidly, I did not think this was going to be a good process, and I was wrong.”

The Abilene and Brownwood agreements are examples of how a city council that chooses to use the meet and confer process can do so in a beneficial way.

TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the
Texas Municipal League.

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