Statutory Override. This Article supplants section 143.041 of the Texas Local Government Code. This Article further preempts, to the extent of any conflict, all other contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of the City, such as the commission.
Statutory Override. This article supersedes the following sections of the Local Government Code: sections 143.032(a), 143.032(b), 143.032(c), and 143.032(d) to provide for an Assessment Center process as part of the promotional process and posting of the Assessment Center; section 143.032(f) to provide for more flexibility for the timing of scoring; section 143.032(g) to provide for a consultant to administer an Assessment Center as part of the promotional process; section 143.033(a) to provide for scoring of the Assessment Center component outside the presence of the promotional candidates; section 143.033(c) to provide for an Assessment Center score as part of the promotional process so the score is not based solely on the written examination; section 143.033(d) to provide for more time to compute and post the scores of the eligibility list; section 143.034 to provide for an Assessment Center and preclude appeal except for fraud; sections 143.036 (a), 143.036(b), and 143.036(h) to provide for the promotional process in accordance with this article; and section 143.037 to allow the information to be maintained in multiple records retained in the Civil Service files.
Statutory Override. This article supersedes the following sections of the Texas Local Government Code to the extent the article may be in conflict with any of these sections: Section 143.025(a) to account for an Oral Interview Board to be administered to certain applicants who meet the hiring process criteria under the rules implemented in accordance with this Article and to establish the final eligibility list based on the Written Examination and Oral Interview Board as outlined in this article; Section 143.025(b) to base the final eligibility list on the final overall score from the Written Examination and Oral Interview Board as outlined in this article.
Statutory Override. To the maximum extent permitted by applicable law, the provisions of this Operating Agreement shall govern over all provisions of the Act that would but for and inconsistently with this Operating Agreement. For each question (a) with respect to which the Act provides a rule (a “Default Rule”) but permits the operating agreement to provide a different rule; and (b) that is addressed by this Operating Agreement, the Default Rule shall not apply to the Company.
Statutory Override. This article supersedes Texas Local Government Code: sections 141.033(a) and 143.041(b) as this article establishes more than one base salary in each classification; section 143.038(b) to pay out of classification pay at the hourly rate based upon the base salary of the higher classification plus EMT-Intermediate/Paramedic pay for which the person is qualified and excludes any other step pay of the higher classification; and sections 143.041(c) and 143.044 as this article established step pay qualifications within each classification and will be paid only according to those qualifications within each classification.
Statutory Override. This Article supersedes section 143.006(e) Texas Local Government Code to allow for the election of a chairperson and vice-chairperson outside the month of January.
Statutory Override. This Article preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of the City, such as the commission.
Statutory Override. To the maximum extent permitted by applicable law, the provisions of this Agreement shall govern over all provisions of the Act except those provisions of the Act that cannot be waived or modified under the Act. Further, for each question (a) with respect to which the Act provides a rule (a “default rule”) but permits the limited liability company agreement to provide a different rule; and (b) that is addressed by this Agreement, the default rule shall not apply to the Company.
Statutory Override. This article and Appendix A & B to this Agreement supersede the following sections of the TLGC: section 143.031 to increase the requisite time of service before taking the Sergeant promotional examination; section 143.032 (a) through (f) to provide a Promotional Leadership Academy class to be administered by the Department as part of promotional process along with an assessment center to be administered by the Department as part of the promotional selection process, to provide for more flexibility for the timing of grading and to eliminate the written examination portion of the promotional process; section 143.033 to provide for the process set out in Appendix A & B; section 143.034 to provide for an assessment center and to preclude appeal of the assessment center; section 143.035 to provide for the adoption of Appendix A & B as the Department’s alternative promotional system; and section 143.036 to provide for the promotional process in accordance with this article and Appendix A & B and to establish the effective term of an eligibility list created under this article.
Statutory Override. This article supersedes TLGC Section 142.0015 and any and all other contrary state provisions to allow the adoption of the FLSA 7(k) overtime exemption and provide for an alternate work period. SIGNATURE AND EXECUTION PAGE THE FOREGOING INSTRUMENT HAS BEEN DULY NEGOTIATED, REVIEWED, AND AGREED TO BY EACH OF THE SIGNATORIES INDICATED BELOW: FOR THE CITY OF ABILENE, TEXAS: [Approved by the Abilene City Council on the day of , 2020] Date: XXXXXX XXXXX CITY MANAGER ATTEST: XXXXXX XXXXXXXX CITY SECRETARY APPROVED: APPROVED AS TO FORM: XXXX XXXXXXXXXX, POLICE CHIEF XXXXXXX XXXXX, CITY ATTORNEY FOR THE ABILENE POLICE OFFICERS’ ASSOCIATION: [Ratified by APOA Membership on the day of , 2020] XXXX XXXXXX PRESIDENT Date: XXXXX XXXXX FIRST VICE PRESIDENT Date: APPENDIX A Abilene Police Department Amendment to the Civil Service Promotional System for Promotions to the Rank of Sergeant I. S ergeant’s Promotional Procedure Notification
