Agenda

Steve Presley, Mayor Larissa R. Loveless, Council District #1 Mitchell Jordan, Council District #2 Vickey L. Chivers, Council District #3 Joe Baxter, Council District #4 Dana Goolsby, Council District #5 Ann Connor, Council District #6		Teresa Herrera, Interim City Manager/City Secretary Gary Landers, City Attorney
	NOTICE OF TELECONFERENCE MEETING CITY COUNCIL AGENDA November 9, 2020 Work Session at 3:30 p.m. Regular Meeting at 5:30 p.m. City Council Chambers 504 N. Queen Street Palestine, Texas
Notice is hereby given in accordance with Order of the Governor issued March 16, 2020, the Palestine City Council will conduct its meeting by telephone/video conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the COVID-19. There will be public access to the location described above. All attendees are required to wear a face covering. Zoom Link Work Session and Regular Meeting: https://us02web.zoom.us/j/81464809199?pwd=WXY3YUpoSzRMRmNYRGFPM0xKUWFOZz09 Meeting ID: 814 6480 9199 Passcode: 955015 One tap mobile +13462487799,,81464809199#,,,,,,0#,,955015# US Note: when you are joining a Zoom meeting by phone, you can use your phone’s dial pad to enter the commands 6 for toggling mute/unmute and 9 to “raise your hand.” Learn more here. Follow us live at: facebook.com/palestinetx/ The public will be permitted to submit public comments electronically as provided by the agenda and as permitted by the presiding officer during the meeting.


WORK SESSION
	1.	Discuss future locations for the Palestine Public Library. Teresa Herrera, Interim City Manager/City Secretary
	2.	Discuss applying for grants through the Texas Water Development Board for the four dams. Mendi Chambers, Interim EMC
	3.	Discuss Five Year Capital Improvements Projects Plan for Public Works and Parks & Recreation. Mendi Chambers, Interim EMC and KSA Engineers
	4.	Discuss Employee Handbook, Section 5 - Compensation and Section 6 - Leave. Steve Presley, Mayor
REGULAR MEETING
A.		CALL TO ORDER
B.		INVOCATION AND PLEDGE OF ALLEGIANCE
C.		PROPOSED CHANGES OF AGENDA ITEMS
D.		PUBLIC COMMENTS, PUBLIC RECOGNITION, AND ANNOUNCEMENTS Members of the public may submit their comments by completing the required Request to Speak form by using the weblink below. All comments submitted by 5:00 p.m., the day of the meeting will be read during the meeting. All comments must be no more than five minutes in length. http://cityofpalestinetx.com/government/city-secretary/policies-forms/request-to-speak/ It is not the intention of the City of Palestine to provide a public forum for the embarrassment or demeaning of an individual or group. Neither is it the intention of the Council to allow a member of the public to slur the performance, honesty and/or integrity of any person or threaten any person. Accordingly, profane, insulting, or threatening language will not be read aloud at the meeting.
E.		CONFLICT OF INTEREST DISCLOSURES
F.		MAYOR'S REPORT
G.		ITEMS FROM COUNCIL
H.		CITY MANAGER'S REPORT
	1.	October 2020 Utility Billing Report
	2.	October 2020 Fire Department Report
	3.	October 2020 Palestine Public Library Report
	4.	October 2020 Public Works Report
	5.	Public Works Projects
I.		BOARD APPOINTMENTS
	1.	Consider the appointments of Amanda Hofmann to Place 5 replacing Rafael Hernandez and Kasey Crutcher to Place 7 replacing Fran Lindsey with term to expire September 30, 2022, to the Tourism Advisory Board.
	2.	Consider the appointment of Jodi Trout to Place 5 replacing Tracy Torma with term to expire on September 30, 2022, to the Main Street Advisory Board.
J.		OPEN BIDS
	1.	Open RFP 2020-028 Water Line Replacement Parts
K.		CONSENT AGENDA The following items may be acted upon in one motion. No separate discussion or action is necessary unless requested by the Mayor or a Council Member, in which event those items will be pulled for separate consideration. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with staff recommendations.
	1.	Consider authorizing the City Manager to enter into a five-year agreement with Pitney Bowes to provide metered postage services at Palestine Public Library. Ana Sanchez, Interim Library Director
	2.	Consider approval of invoices over $25,000. Andy Sibai, Interim Finance Director
	3.	Consider approval of a two-year agreement with Midwest Tape's Hoopla, digital media service. Ana Sanchez, Interim Library Director
L.		REGULAR AGENDA
	1.	Discussion and possible action of an Ordinance Authorizing The Issuance And Sale Of General Obligation Refunding Bonds, Taxable Series 2020; Awarding The Sale Thereof; Levying A Tax In Payment Thereof; Authorizing The Execution And Delivery Of A Paying Agent/Registrar Agreement, An Escrow Agreement, A Bond Counsel Engagement Letter And A Disclosure Counsel Engagement Letter; Approving The Official Statement; And Enacting Other Provisions Relating Thereto.
	2.	Discussion and possible action of an Ordinance Authorizing The Issuance And Sale Of City Of Palestine, Texas Combination Tax And Revenue Refunding Bonds, Series 2020; Awarding The Sale Thereof; Levying A Tax In Payment Thereof; Prescribing The Form Of Said Bonds; Authorizing The Execution And Delivery Of A Paying Agent/Registrar Agreement, An Escrow Agreement, A Bond Counsel Engagement Letter And A Disclosure Counsel Engagement Letter; Approving The Official Statement; And Enacting Other Provisions Relating Thereto.
	3.	Discussion and possible action regarding Employee Handbook, Section 5 - Compensation and Section 6 - Leave. Steve Presley, Mayor
	4.	Discussion and possible action regarding Five Year Capital Improvements Project Plan for Public Works and Parks & Recreation. Mendi Chambers, Interim EMC and KSA Engineers
	5.	Discussion and possible action regarding applying for grants through the Texas Water Development Board for the four dams. Mendi Chambers, Interim EMC
	6.	Discussion and possible action on Coronavirus Relief Funds. City Council
	7.	Consider setting City Council meeting dates for the month of December 2020. Teresa Herrera, Interim City Manager/City Secretary
M.		CLOSED SESSION Council will go into Closed Session pursuant to Texas Government Code, Chapter 551, Subchapter D.
	1.	Section 551.071 consultation with attorney: pending or contemplated litigation or a settlement offer including but limited to the Baze Chemical, Lone Star Equipment, Laza, UPRR, Kennedy, Steven, Ivy lawsuits, and other pending claims; and discussion regarding Prospect 1011.
	2.	Section 551.072 deliberation regarding real property: the purchase, exchange, lease, or value of real property. Discussion regarding potential lease of city properties.
	3.	Section 551.074 personnel matters: to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee
	4.	Section 551.087 deliberation regarding Economic Development negotiations. Discussion regarding Prospect 1011 and Prospect 1013.
N.		RECONVENE IN REGULAR SESSION
	1.	Take any action necessary regarding Prospect 1011.
	2.	Take any action necessary regarding potential lease of city properties.
	3.	Take any action necessary regarding Prospect 1013.
	4.	Take any action regarding pending or contemplated litigation or a settlement offer including but limited to the Baze Chemical, Lone Star Equipment, Laza, UPRR, Kennedy, Steven, Ivy lawsuits, and other pending claims; and discussion regarding Prospect 1011.
O.		ADJOURNMENT

I certify that the above Notice of Meeting was posted on the outdoor bulletin board at the main entrance to City Hall, 504 N. Queen Street, Palestine, Texas, in compliance with Chapter 551 of the Texas Government Code on Friday, November 6, 2020, at 3:00 p.m.

Teresa Herrera, Interim City Manager/City Secretary

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA) PERSONS IN NEED OF SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, CONTACT THE CITY SECRETARY'S OFFICE VIA EMAIL AT therrera@palestine-tx.org or 903-731-8414.

Agenda Date:	11/09/2020
To:	City Council
From:	Teresa Herrera, City Secretary
Agenda Item:	Discuss future possible locations for the Palestine Public Library.
Date Submitted:

SUMMARY:
Please see the attachment. Library Board's Presentation From: John Selmer Sent: Friday, October 9, 2020 2:19 PM To: Lisa Denton <ldenton@palestine-tx.org> Subject: Palestine Building Evaluations Good Afternoon, Lisa: Apologies for my delay in getting back with you but I was out sick with allergies earlier this week and I have been playing catch up all week. With that said, please see below for a brief summary of the building evaluations we made back on September 30, 2020. Former Aerospace Fasteners Building @ 205 E Neches Based on information found on the building this structure was built in approximately 1947. Initial concerns about this building is the cut up nature of the floors and walls. The building is not particularly tall and there are several grade (elevation) changes within the building. With the low ceiling and structural heights, several areas feel quite squatty and would present economic issues attempting to transition from one level to the next via stairs and ramps. Even now there are head height areas that do not appear to meet code. There is concern about possible presence of asbestos containing material (ACM) within this building. Based on floor tile sizes observed several tile areas could be ACM. Other concerns could be lead based paint, mastic (floor glue), and lamps/light fixtures in some areas. The electrical service appears to be quite dated and would need significant upgrade to provide sufficient needs for a new library. There actually are limited plumbing fixtures in the building and this presents another cost issue in regards to providing the necessary plumbing fixtures to meet current adopted building codes. Some of the different floor planes are not level and this presents another challenge to meet Texas Accessibility requirements. There is a loading dock area at the rear of the building; however, the overall site does have limited parking to meet the needs of a library. Overall, this building presents numerous challenges to prove a viable option to house a public library. Currently there are accessibility issues on the exterior and interior of the building. The presence of hazardous materials would present an additional cost for abatement on top of the purchase price. And ultimately the location and listed issues makes it difficult to consider this building a possible new home for the library. The Federal Building @ 101 E Oak Street The Federal Building provides a building at first glance would ideally be suited for a public library. However, after a closer look things begin to deteriorate and one wishes the building was in better shape and at a different location. This building has been listed on the National Register of Historic Places by the US Department of the Interior. Which indicates that if the project receives any specific Federal funds it will have to be used to restore and update the building to keep its original appearance. In addition coordination and review will be required through SHPO as well. On the exterior there is very little parking on site – approximately 6 spaces and off street parking. This is too limiting for a public library. It was suggested off a real estate website the building was less than 10,000 SF; however based on a Google Earth scale the building appears to be almost 6,000 SF per floor (first and second) and that does not include the loft area or the basement. The first floor of this building has been renovated; however, the rest of the building is in severe need of much attention. Most of the walls around the stairwell and second floor have peeling paint from interior and exterior walls. This could be a sign of lead paint, but on the exterior it is more a sign of moisture in the exterior envelope. There also appears to be ACM on the second floor. There also appears to be signs of water damage from roof leaks and/or interior plumbing issues. The structure appears to be wood framing and some floor areas present concerns to support the loading of stacks and other dead loads (and people live loads) that would be associated with a new library. The existing stair does not adhere to current building code requirements and there is no elevator located within the building. There are concerns over HVAC and electrical needs in the first floor (only occupied portion of the building at this point in time). After review, this building probably is better suited to be developed as private lofts for living units. The building envelope is suspect and all the windows need to be replaced in kind with double paned insulated units. The windows could be repaired but that would not stop the windows from being a drain on energy consumption throughout the year for heating and cooling. The exterior of the building is in much better condition but due to the potential for ACM, structural loading on the floors, vertical circulation, and overall certain hidden issues not available based on a visual observation – as mentioned previously, this building is probably better suited for private development for living units. Parking is insufficient to meet the needs of a library. Former Reagan School (home to Museum for E T Culture) @ 400 S Micheaux Avenue Based on information found on the building this structure was built in approximately 1915. This building has been listed on the National Register of Historic Places by the US Department of the Interior. As such, as noted for the Federal the same issues would apply to this building as well. The exterior of this building is in need of excessive work for brick cleaning, touching and repointing the masonry and window repair or replace. However, once you make it through the museum space, there is a hidden gem inside that is the old school auditorium. The space is stunning and for the most part if in decent condition. It could obviously utilize some attention but immediately seeing the space you think of children activity, book readings, puppet shows, and even movies shown on the stage area. This space is simply stunning. The main corridors of the building appear to be concrete and the adjacent floors off of the corridor are wood framed. Each floor is approximately 8,400 SF and the auditorium has a matching footprint of an old gym directly below that include an additional 6,000 SF for both spaces. As such the building provides ample space to house a library. Existing rooms are quite large and could accommodate different spatial areas and collections of the library. There are some areas of concern over the wood floor that would need to be evaluated for providing the necessary support for book stacks and other library equipment. There does appear to be an issue with the existing roof – large area in one room on the second floor has developed a recent leak. The roof is a traditional “flat roof”’ however a new roof for the entire building could be provided for roughly $12.50/SF that would be approximately $140,000. The building does not have an elevator but due to the ample size of the building, a specific area could be identified to house the elevator and a permanent elevator could be installed that would provide accessibility and connectivity between all floors. Currently there is a parking lot associated with the building that holds approximately 33 cars. Based on the assumed total square footage of the building, roughly 75 spaces would be required if the entire building were to be used for the library. Ultimately a new parking lot could be provided on site on the opposite side of the building if needed or desired. Of the three building observed, this building holds the most potential for the use as a library. Some of the some issues and obstacles apply to all three buildings. However, the auditorium holds a space in this building that needs to be used by the public. An inspection for ACM should be performed to identify any hidden issues that could result in a costly abatement process. The electrical and HVAC need to be reviewed and replaced or updated. But from existing condition to optimum potential, this building is by far head and shoulders above the other two listed in this email. Hopefully this hits the highlights of our tour and if you need anything else, please do not hesitate to give me a call. Thanks and have a great weekend! John John E. Selmer, Architect, AIA, NCARB, LEED AP BD+C
RECOMMENDED ACTION:
No action necessary. Discussion only.
CITY MANAGER APPROVAL:

Attachments
Library Board's Presentation

Agenda Date:	11/09/2020
To:	City Council
From:	Mendi Chambers, Interim EMC
Agenda Item:	Flood Infrastructure Invitation to Apply All 4 Dams
Date Submitted:	11/04/2020

SUMMARY:
We have been awarded the invitation to submit the application on all 4 Dams from the Texas Water Development Board. This is an update and request for approval to move forward.
RECOMMENDED ACTION:
Appoval to move forward on all 4 grants with the help from the Engineering firm KSA.
CITY MANAGER APPROVAL:
Request to Approve the moving forward with the application process.

Attachments
Invitation Wolf Creek Lake
Invitation Lower Lake
Invitation Upper Lake
Invitation Blue Lake
Example of Grant Application

Agenda Date:	11/09/2020
To:	City Council
From:	Mendi Chambers, Interim EMC
Agenda Item:	5 Year Capital Improvements Projects Plan for Public Works & Parks & Recreation
Date Submitted:	11/04/2020

SUMMARY:
KSA will be presenting on behalf of Public Works & Parks & Recreation for the City of Palestine for improvement projects in many areas of the City. The Directors recently met with KSA to discuss the problem areas throughout the city to include several with continued damage from flooding causing structural damage to roadways and city streets as well as private properties belonging to citizens. Examples of the area are: Bassett Road, Davis Street, Reagan Street and many more discussed during the meeting. This plan will assist for supplement information for future grant funds as they are made available.
RECOMMENDED ACTION:
Recommend to review the scope of action and decide if this is an item the city would be interested in pursuing.
CITY MANAGER APPROVAL:
Recommends Council reviews the scope of action and advice if this is an item Council would be interested in pursuing.

Agenda Date:	11/09/2020
To:	City Council
From:	Teresa Herrera, City Secretary
Agenda Item:	Discuss Employee Handbook, Section 5 - Compensation and Section 6 - Leave
Date Submitted:

SUMMARY:
Discuss Employee Handbook, Section 5 - Compensation and Section 6 - Leave. Steve Presley, Mayor From Texas Local Government Code Chapter 143 Civil Service Employees Sec. 143.045. ACCUMULATION AND PAYMENT OF SICK LEAVE. (a) A permanent or temporary fire fighter or police officer is allowed sick leave with pay accumulated at the rate of 1-1/4 full working days for each full month employed in a calendar year, so as to total 15 working days to a person's credit each 12 months. (b) A fire fighter or police officer may accumulate sick leave without limit and may use the leave if unable to work because of a bona fide illness. If an ill fire fighter or police officer exhausts the sick leave and can conclusively prove that the illness was incurred in the performance of duties, an extension of sick leave shall be granted. (c) Except as otherwise provided by Section 143.116, a fire fighter or police officer who leaves the classified service for any reason is entitled to receive in a lump-sum payment the full amount of the person's salary for accumulated sick leave if the person has accumulated not more than 90 days of sick leave. If a fire fighter or police officer has accumulated more than 90 working days of sick leave, the person's employer may limit payment to the amount that the person would have received if the person had been allowed to use 90 days of accumulated sick leave during the last six months of employment. The lump-sum payment is computed by compensating the fire fighter or police officer for the accumulated time at the highest permanent pay classification for which the person was eligible during the last six months of employment. The fire fighter or police officer is paid for the same period for which the person would have been paid if the person had taken the sick leave but does not include additional holidays and any sick leave or vacation time that the person might have accrued during the 90 days. (d) To facilitate the settlement of the accounts of deceased fire fighters and police officers, all unpaid compensation, including all accumulated sick leave, due at the time of death to an active fire fighter or police officer who dies as a result of a line-of-duty injury or illness, shall be paid to the persons in the first applicable category of the following prioritized list: (1) to the beneficiary or beneficiaries the fire fighter or police officer designated in writing to receive the compensation and filed with the commission before the person's death; (2) to the fire fighter's or police officer's widow or widower; Sec. 143.046. VACATIONS. (a) Each fire fighter or police officer is entitled to earn a minimum of 15 working days' vacation leave with pay in each year. (b) In computing the length of time a fire fighter or police officer may be absent from work on vacation leave, only those calendar days during which the person would be required to work if not on vacation may be counted as vacation days. (c) Unless approved by the municipality's governing body, a fire fighter or police officer may not accumulate vacation leave from year to year. (3) to the fire fighter's or police officer's child or children and to the descendants of a deceased child, by representation; (4) to the fire fighter's or police officer's parents or to their survivors; or (5) to the properly appointed legal representative of the fire fighter's or police officer's estate, or in the absence of a representative, to the person determined to be entitled to the payment under the state law of descent and distribution. (e) Payment of compensation to a person in accordance with Subsection (d) is a bar to recovery by another person.
RECOMMENDED ACTION:

CITY MANAGER APPROVAL:

Attachments
Sec. 5.05 Non Civil Service
Sec. 6.01 Vacation
Sec. 6.03 Sick Leave

Agenda Date:	11/09/2020
To:	City Council
From:	Teresa Herrera, City Secretary
Agenda Item:	UB Monthly Summary October 2020
Date Submitted:

SUMMARY:
UB Monthly Summary October 2020

Attachments
UB Report

Agenda Date:	11/09/2020
To:	City Council
From:	Shannon Davis, Fire Department Chief
Agenda Item:	Fire Chief
Date Submitted:	11/04/2020

SUMMARY:
Firer Department Monthly Report October 2020

Attachments
Fire Report

Agenda Date:	11/09/2020
To:	City Council
From:	Ana Sanchez, Interim Library Director
Agenda Item:	Library Report-October 2020
Date Submitted:	11/04/2020

SUMMARY:
Palestine Public Library-October 2020 Report

Attachments
Library Stats Oct 2020
Library Stats-2 Oct 2020
PPL-Narrative Rpt Oct 2020

Agenda Date:	11/09/2020
To:	City Council
From:	Lisa Phillips, Public Works Admin
Agenda Item:	Public Works Monthly Report October 2020
Date Submitted:	11/04/2020

SUMMARY:
Public Works October Monthly Report is attached.

Attachments
Public Works October Report

Agenda Date:	11/09/2020
To:	City Council
From:	Lisa Phillips, Public Works Admin
Agenda Item:	Public Works Project Updates for October 2020
Date Submitted:	11/04/2020

SUMMARY:
Please find the attached Public Works Project Updates for October 2020.

Attachments
Public Works October 2020 Project Updates

Agenda Date:	11/09/2020
To:	City Council
From:	Teresa Herrera, City Secretary
Agenda Item:	Tourism Board appointments
Date Submitted:

SUMMARY:
Consider the appointments of Amanda Hofmann, to Place 5 replacing Rafael Hernandez and Kasey Crutcher to Place 7 replacing Fran Lindsey with term to expire September 30, 2022 to the Tourism Advisory Board.
RECOMMENDED ACTION:

CITY MANAGER APPROVAL:

Attachments
Board Application - Hormann
Board Application - Crutcher

Agenda Date:	11/09/2020
To:	City Council
From:	Teresa Herrera, City Secretary
Agenda Item:	Main Street Board appointment
Date Submitted:

SUMMARY:
Consider the appointment of Jodi Trout to Place 5 replacing Tracy Torma with term expiring September 30, 2022, to the Main Street Advisory Board.
RECOMMENDED ACTION:

CITY MANAGER APPROVAL:

Attachments
Board Application - Trout

Agenda Date:	11/09/2020
To:	City Council
From:	Teresa Herrera, City Secretary
Agenda Item:	Open RFP 2020-028 Water Line Replacement Parts
Date Submitted:

SUMMARY:
Open RFP 2020-028 Water Line Replacement Parts
RECOMMENDED ACTION:

CITY MANAGER APPROVAL:

Attachments
RFP 2020-028

Agenda Date:	11/09/2020
To:	City Council
From:	Ana Sanchez, Interim Library Director
Agenda Item:	Pitney Bowes-Postage Meter Contract
Date Submitted:	11/04/2020

SUMMARY:
Consider authorizing the City Manager to enter into a 5 year agreement with Pitney Bowes to provide metered postage services at Palestine Public Library. Current agreement will expire in November 2020 and current postage model will be discontinued. Cost is $91.49 per month. Item has been budgeted for FY 2020-2021.
RECOMMENDED ACTION:
Approve agreement with Pitney Bowes for 5 years to provide metered services and upgrade equipment at Palestine Public Library.
CITY MANAGER APPROVAL:

Attachments
Pitney Bowes-Agreement Library
PB-C425 Meter

Agenda Date:	11/09/2020
To:	City Council
From:	Chris Mahoney, Accountant
Agenda Item:	Approval of invoices over 25K
Date Submitted:	11/04/2020

SUMMARY:

Current Purchasing policy requires City Council approval for expenditures over $25,000. The following expenditures have been reviewed and approved by Department Head(s) and City Manager:

Oldcastle Materials - $48,339.00
Regas Contracting - $34,389.00
KSA Engineers - $126,009.01
Core & Main LP - $94,039.76

RECOMMENDED ACTION:

Review and approve as presented.

CITY MANAGER APPROVAL:

Attachments
Invoices over 25K

Agenda Date:	11/09/2020
To:	City Council
From:	Ana Sanchez, Interim Library Director
Agenda Item:	Hoopla Digital Services
Date Submitted:	11/04/2020

SUMMARY:
Consider approval of a two-year agreement with Midwest Tape's Hoopla- a digital media service that allows patrons to borrow movies, music, audiobooks, ebooks, comics and TV shows to enjoy on their computer, tablet, or phone and TV. With no waiting, titles can be streamed immediately or downloaded to phones or tablets for offline enjoyment later. The service provides up to 850,000 digital items. The agreement consists of a $3,000 advance deposit to initiate service, provided from the materials line item of FY 2020-2021 budget.
RECOMMENDED ACTION:
Approve entering into a two-year contract with Midwest Tape's Hoopla digital services for library e-content, with a $3,000.00 initial advance.
CITY MANAGER APPROVAL:

Attachments
Hoopla Service Agreement

Agenda Date:	11/09/2020
To:	City Council
From:	Andrew Sibai, Interim Finance Director
Agenda Item:	2020 Bond Refunding Ordinance
Date Submitted:	11/04/2020

SUMMARY:
Please Review the Bond Ordinance Attached, this is to take advantage of low interest rates and refund the City's Utility Fund Debt and Mall Debt at a lower interest rate.
RECOMMENDED ACTION:
Staff Recommends that City Council approve this ordinance
CITY MANAGER APPROVAL:

Fiscal Impact

Fiscal Year:	2021
BUDGETARY IMPACT:
This Bond Refunding will save the City of Palestine at least $1.2 million over the next ten years in the Utility Fund and at lease $220,000 in the Mall Fund.

Attachments
Series 2020 Bond Refunding Ordinance
Preliminary Official Statement

Agenda Date:	11/09/2020
To:	City Council
From:	Teresa Herrera, City Secretary
Agenda Item:	Discuss Employee Handbook, Section 5 - Compensation and Section 6 - Leave
Date Submitted:

SUMMARY:
Discuss Employee Handbook, Section 5 - Compensation and Section 6 - Leave. Steve Presley, Mayor From Texas Local Government Code Chapter 143 Civil Service Employees Sec. 143.045. ACCUMULATION AND PAYMENT OF SICK LEAVE. (a) A permanent or temporary fire fighter or police officer is allowed sick leave with pay accumulated at the rate of 1-1/4 full working days for each full month employed in a calendar year, so as to total 15 working days to a person's credit each 12 months. (b) A fire fighter or police officer may accumulate sick leave without limit and may use the leave if unable to work because of a bona fide illness. If an ill fire fighter or police officer exhausts the sick leave and can conclusively prove that the illness was incurred in the performance of duties, an extension of sick leave shall be granted. (c) Except as otherwise provided by Section 143.116, a fire fighter or police officer who leaves the classified service for any reason is entitled to receive in a lump-sum payment the full amount of the person's salary for accumulated sick leave if the person has accumulated not more than 90 days of sick leave. If a fire fighter or police officer has accumulated more than 90 working days of sick leave, the person's employer may limit payment to the amount that the person would have received if the person had been allowed to use 90 days of accumulated sick leave during the last six months of employment. The lump-sum payment is computed by compensating the fire fighter or police officer for the accumulated time at the highest permanent pay classification for which the person was eligible during the last six months of employment. The fire fighter or police officer is paid for the same period for which the person would have been paid if the person had taken the sick leave but does not include additional holidays and any sick leave or vacation time that the person might have accrued during the 90 days. (d) To facilitate the settlement of the accounts of deceased fire fighters and police officers, all unpaid compensation, including all accumulated sick leave, due at the time of death to an active fire fighter or police officer who dies as a result of a line-of-duty injury or illness, shall be paid to the persons in the first applicable category of the following prioritized list: (1) to the beneficiary or beneficiaries the fire fighter or police officer designated in writing to receive the compensation and filed with the commission before the person's death; (2) to the fire fighter's or police officer's widow or widower; Sec. 143.046. VACATIONS. (a) Each fire fighter or police officer is entitled to earn a minimum of 15 working days' vacation leave with pay in each year. (b) In computing the length of time a fire fighter or police officer may be absent from work on vacation leave, only those calendar days during which the person would be required to work if not on vacation may be counted as vacation days. (c) Unless approved by the municipality's governing body, a fire fighter or police officer may not accumulate vacation leave from year to year. (3) to the fire fighter's or police officer's child or children and to the descendants of a deceased child, by representation; (4) to the fire fighter's or police officer's parents or to their survivors; or (5) to the properly appointed legal representative of the fire fighter's or police officer's estate, or in the absence of a representative, to the person determined to be entitled to the payment under the state law of descent and distribution. (e) Payment of compensation to a person in accordance with Subsection (d) is a bar to recovery by another person.
RECOMMENDED ACTION:

CITY MANAGER APPROVAL:

Attachments
Sec. 5.05 Non Civil Service
Sec. 6.01 Vacation
Sec. 6.03 Sick Leave