16 Approve and authorize a Training Reimbursement AgreementCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
A,genda Item No.:
11 /20/08
Council Date:
Legal
Kent McIlyar
16.
11 /24/08
RECOMMENDED MOTION:
Move to approve and authorize a Training Reimbursement Agreement for new police
officer recruits and new firefighter recruits.
POLICY ISSUE(S):
Policy and fiscal
BACKGROUND:
The City of Paris incurs substantial costs and expenses in the process of recruiting,
testing, training, investigating, and equipping new police officer recruits and firefighter
recruits for the Paris Police Department and Paris Fire Department, including but not
limited to payment of salary, equipment, books and other expenses.
The City cannot realistically recoup its investment in the new police and firefighter
employees if they do not work for the City of Paris for at least three years.
BOARD/COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Resolution and Agreements
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Coutt Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
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RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVIIVG AND AUTHORIZING A TRAIIVING REIMBURSEMENT
AGREEMENT FOR NEW POLICE OFFICER RECRUITS AND FIREFIGHTER
RECRUITS; MAKING OTHER FINDIIVGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris incurs substantial costs and expenses in the process of
recruiting, testing, training, investigating, and equipping new police officer recruits and
firefighter recruits for the Paris Police Department and Paris Fire Department, including
but not limited to payment of salary, equipment, books and other expenses; and,
WHEREAS, the City cannot realistically recoup its investment in the new police and
firefighter employees if they do not work for the Ciry of Paris for at least three years; and,
WHEREAS, it is deemed appropriate the new police officer recruits and firefighter
recruits with no prior experience or training be required to sign a Training Reimbursement
Agreement, in the form attached hereto as Exhibit "A", in order that these expenditures are
recaptured through the recruit's employment with the City after completion of training if
the recruit terminates employment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. New police officer and firefighter recruits that do not possess the
appropriate state certification for sworn police officers and certified firefighters and that
will require training be required to sign a Training Reimbursement Agreement with the
City in the form attached hereto as Exhibit A be, and the same is hereby approved and
authorized.
Section 3. This resolution shall be effective immediately upon passage.
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DULY PASSED AND APPROVED this 24th day of November, 2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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TRAINING REIMBURSEMENT AGREEMENT
POLICE DEPARTMENT RECRUITS
This Agreement, made this the day of , 20_, by and befinreen the
City of Paris, Texas, a home rule municipal corporation, hereinafter referred to as the "City," and
, hereinafter referred to as the "Employee."
WHEREAS, the City has hired the Employee for the position of Police Officer Recruit; and,
WHEREAS, the Employee must successfully meet the minimum requirements for this position,
which includes successful completion of the following training course(s):
hereinafter referred to as Training; and,
WHEREAS, the City has and will incur substantial expenses in the process of testing,
investigating, hiring, equipping and Training the Employee and will pay the Employee during the
Employee's participation in Training course and the City will pay for the cost of Training; and
WHEREAS, the Employee acknowledges that the City will incur substantial costs and expenses
in sending the Employee through Training, including but not limited to payment of salary or compensation,
benefits, tuition, equipment, books and other expenses; and,
WHEREAS, the Employee acknowledges that these expenditures are expected to be recaptured
through the Employee's employment with the City after completion of Training and the City will suffer
substantial losses if the Employee terminates employment.
NOW, THEREFORE, in consideration of the City's training and employment of the undersigned
Employee as Police Officer Recruit, the Employee hereby agrees as follows:
1. Three-Year Emplovment Commitment
In consideration of the agreement by the City to provide the Employee with Training, said
Employee agrees to remain employed with the City for a period of not less than three (3) years
from the Employee's date of hiring with the City of Paris.
2. Reimbursement Obliqation
The Employee agrees that in the event his or her employment with the City as a Police Officer
RecruiUPolice Officer ceases for any reason except lay-off or personal long term disability within
the Two-Year Employment Commitment set forth in Section 1, then the Employee shall reimburse
the City for all costs and expenses as described in the remainder of this Agreement.
3. Costs Subject to Reimbursement Obligation
In the event the Employee terminates his employment with the City prior to completing his three-
year commitment, except as allowed in Section 2 above, the Employee shall reimburse the City
for all sums expended by the City in connection with the Employee's Training, including but not
limited to, the following:
A. All tuition and other expenses incurred during Training; and
B. Cost of background investigations, physical and psychological testing and drug
screening; whether such investigation, testing and screening occurs before or after
employment.
Page 1 of 3
EXHIBIT g
An estimated statement of the costs for which reimbursement will be required is attached hereto
as Exhibit A and made a part hereof. However, the Employee agrees that the actual
reimbursement obligation will be determined by the City based upon actual expenditures and/or
reasonable estimates in the event that actual expenses cannot be documented through a
reasonable effort.
4. Calculation of Reimbursement Obliqation/Credit for Continuous Emplovment
The Employee will be given credit against the total reimbursement obligation for employment with
the City as follows:
A. The calculation of the time for the commencement of credit will begin on the date of hiring
with the City of Paris.
B. Credit for service rendered shall be given against the Reimbursement Obligation as
follows:
Full repayment (100%) of the Reimbursement Obligation is required if Employee
ceases to be employed as a Police Officer within the first twenty-four months
after date of hiring.
Seventy-five percent (75%) repayment of the Reimbursement Obligation is
required if Employee ceases to be employed as a Police Officer within twenty-
four (24) and thirty-six (36) months following date of hire.
C. Any absence from work due to illness, non-duty related injury or other cause for a period
of greater than finro (2) weeks without prior approval shall be excluded from the period of
service for which credit shall be given.
5. Terms of Repavment
In the event the Employee is required to reimburse the City, the City will withhold payment of
general leave time, compensatory time, etc. to apply to the Reimbursement Obligation. The
remaining Reimbursement Obligation shall come out of the Employee's final paycheck. It is
intended that the reimbursement shall not have the effect of reducing the Employee's salary or
compensation for this final paycheck to less than the minimum wage in effect during the work
period for his final paycheck. If the Employee's final paycheck is insufficient to cover the total
amount, the remaining Reimbursement shall be paid by the Employee within thirty (30) days of
cessation of employment. After thirty (30) days, any unpaid balance will accrue interest at the
rate of one and one-half percent (1 per month (annual rate equals eighteen percent (18%)).
At the option of the City, repayment of the remaining Reimbursement Obligation may be made in
monthly installments of no less than one-twelfth (1/12) of the total remaining Amount payable on
or before the first day of each month, beginning with the month following cessation of
employment.
The Employee hereby agrees that in the event the City incurs legal fees or other costs of
collection in an effort to collect any delinquent sums owing pursuant to the Agreement, the
Employee will pay such reasonable expenses in addition to the Reimbursement Obligation then
due.
6. Severabilitv
If any provision of this Agreement is legally adjudicated invalid or unenforceable, the parties do
hereby covenant and agree that such portion or portions are absolutely and completely severable
Page 2 of 3
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from all other portions of this Agreement, and such other provisions shall not be affected by the
adjudication of invalidity or unenforceability.
7. Governina Law
This Agreement is governed by the laws of the State of Texas. This agreement shall be
performed in Lamar County, Texas, therefore, any legal actions arising hereunder shall lie in
Lamar County, Texas.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
APPROVED AS TO FORM AND LEGALITY: CITY OF PARIS, TEXAS
W. Kent Mcllyar, City Attorney
Date
Page 3 of 3
Kevin Carruth, City Manager
Date
DEPARTMENT DIRECTOR
Karl Louis, Chief of Police
Date
EMPLOYEE
Signature
Address
Date
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TRAINING REIMBURSEMENT AGREEMENT
FIRE DEPARTMENT RECRUITS
This Agreement, made this the day of , 20_, by and between the
City of Paris, Texas, a home rule municipal corporation, hereinafter referred to as the "City," and
, hereinafter referred to as the "Employee."
WHEREAS, the City has hired the Employee for the position of Firefighter Recruit; and,
WHEREAS, the Employee must successfully meet the minimum requirements for this position,
which includes successful completion of the following training course(s):
hereinafter referred to as Training; and,
WHEREAS, the City has and will incur substantial expenses in the process of testing,
investigating, hiring, equipping and Training the Employee and will pay the Employee during the
Employee's participation in Training course and the City will pay for the cost of Training; and
WHEREAS, the Employee acknowledges that the City will incur substantial costs and expenses
in sending the Employee through Training, including but not limited to payment of salary or compensation,
benefits, tuition, equipment, books and other expenses; and,
WHEREAS, the Employee acknowledges that these expenditures are expected to be recaptured
through the Employee's employment with the City after completion of Training and the City will suffer
substantial losses if the Employee terminates employment.
NOW, THEREFORE, in consideration of the City's training and employment of the undersigned
Employee as Firefighter Recruit, the Employee hereby agrees as follows:
Three-Year Emqloyment Commitment
In consideration of the agreement by the City to provide the Employee with Training, said
Employee agrees to remain employed with the City for a period of not less than three (3) years
from the Employee's date of hiring with the City of Paris.
Reimbursement Obligation
The Employee agrees that in the event his or her employment with the City as a Firefighter
RecruibFirefighter ceases for any reason except lay-off or personal long term disability within the
Two-Year Employment Commitment set forth in Section 1, then the Employee shall reimburse the
City for all costs and expenses as described in the remainder of this Agreement.
3. Costs Subject to Reimbursement Obliqation
In the event the Employee terminates his employment with the City prior to completing his three-
year commitment, except as allowed in Section 2 above, the Employee shall reimburse the City
for all sums expended by the City in connection with the Employee's Training, including but not
limited to, the following:
A. All tuition and other expenses incurred during Training; and
B. Cost of background investigations, physical and psychological testing and drug
screening; whether such investigation, testing and screening occurs before or after
employment.
Page 1 of 3
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An estimated statement of the costs for which reimbursement will be required is attached hereto
as Exhibit A and made a part hereof. However, the Employee agrees that the actual
reimbursement obligation will be determined by the City based upon actual expenditures and/or
reasonable estimates in the event that actual expenses cannot be documented through a
reasonable effort.
4. Calculation of Reimbursement Obliqation/Credit for Continuous Emplovment
The Employee will be given credit against the total reimbursement obligation for employment with
the City as follows:
A. The calculation of the time for the commencement of credit will begin on the date of hiring
with the City of Paris.
B. Credit for service rendered shall be given against the Reimbursement Obligation as
follows:
Full repayment (100%) of the Reimbursement Obligation is required if Employee
ceases to be employed as a Firefighter within the first finrenty-four months after
date of hiring.
2. Seventy-five percent (75%) repayment of the Reimbursement Obligation is
required if Employee ceases to be employed as a Firefighter within finrenty-four
(24) and thirty-six (36) months following date of hire.
C. Any absence from work due to illness, non-duty related injury or other cause for a period
of greater than two (2) weeks without prior approval shall be excluded from the period of
service for which credit shall be given.
5. Terms of Reqavment
In the event the Employee is required to reimburse the City, the City will withhold payment of
general leave time, compensatory time, etc. to apply to the Reimbursement Obligation. The
remaining Reimbursement Obligation shall come out of the Employee's final paycheck. It is
intended that the reimbursement shall not have the effect of reducing the Employee's salary or
compensation for this final paycheck to less than the minimum wage in effect during the work
period for his final paycheck. If the Employee's final paycheck is insufficient to cover the total
amount, the remaining Reimbursement shall be paid by the Employee within thirty (30) days of
cessation of employment. After thirty (30) days, any unpaid balance will accrue interest at the
rate of one and one-half percent (1 per month (annual rate equals eighteen percent (18%)).
At the option of the City, repayment of the remaining Reimbursement Obligation may be made in
monthly installments of no less than one-twelfth (1/12) of the total remaining Amount payable on
or before the first day of each month, beginning with the month following cessation of
employment.
The Employee hereby agrees that in the event the City incurs legal fees or other costs of
collection in an effort to collect any delinquent sums owing pursuant to the Agreement, the
Employee will pay such reasonable expenses in addition to the Reimbursement Obligation then
due.
Severabilitv
If any provision of this Agreement is legally adjudicated invalid or unenforceable, the parties do
hereby covenant and agree that such portion or portions are absolutely and completely severable
Page 2 of 3
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from all other portions of this Agreement, and such other provisions shall not be affected by the
adjudication of invalidity or unenforceability.
7. Governinq Law
This Agreement is governed by the laws of the State of Texas. This agreement shall be
performed in Lamar County, Texas, therefore, any legal actions arising hereunder shall lie in
Lamar County, Texas.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
APPROVED AS TO FORM AND LEGALITY: CITY OF PARIS, TEXAS
W. Kent Mcllyar, City Attorney
Date
Page 3 of 3
Kevin Carruth, City Manager
Date
DEPARTMENT DIRECTOR
Ronnie Grooms, Fire Chief
Date
EMPLOYEE
Signature
Address
Date
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