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Res 1608 11/15/2021 Per. Policy o cit 6 "'` o r=_ T £ X_P, "City of Choice" RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS RELATING TO. AMENDING THE PERSONNEL POLICY TO INCLUDE THE REGULATION OF PAID LEAVE FOR POLICE OFFICERS WHO ARE DIRECTLY INVOLVED IN THE RESPONSE TO OR INVESTIGATION OF A TRAUMATIC EVENT; PROVIDING THAT THIS RESOLUTION SHALL BE-CUMULATIVE OF ALL . OTHER. RESOLUTIONS; PROVIDING FOR - SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 4.06 of the Cibolo City Charter provides that the City Council shall, by: : ordinance or resolution, establish.personnel policies; and WHEREAS, Senate Bill 1359, which went into effect September 1, 2021, requires_the City to adopt a policy to allow.city employed peace officers the use of mental health:leave who experience a traumatic event in the scope of their employment; and WHEREAS, the City Council adopted the Personnel Policies by Resolution on December 11, 2018 and now finds that it is necessary to amend the personnel policy to comply with state law and provide for paid quarantine leave for police officers who experience a traumatic event in the scope of their employment. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION 1 The meeting- at which this resolution was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code,Chapter 551. SECTION 2 The City of Cibolo Personnel Policies is amended by adding the following: Policy 1.4 Leave Benefits 1.4.13 Police Traumatic Event Leave A. Purpose: To provide paid leave to sworn police officers who has been directly involved in the response to, or investigation of, a Traumatic. Event, as defined by this Section in accordance with Chapter 614 of Texas Government Code. B. Definitions i. Mental Health.Professional shall mean-a licensed social or mental health worker, counselor,psychotherapist, psychologist, or psychiatrist. ii. Traumatic Event shall mean an event which occurs in the peace officer's scope of employment when the-officer is involved in the response to, or investigation of, an event that causes the officer to experience unusually strong emotional reactions or feelings which have the potential to interfere with -the officer's ability to function during or after the event. iii. Working Day shall.be equal to one full scheduled shift of an officer.- G. Mental Health Leave: A. police officer of the City.may request up to three (3) Working Days of paid leave under this Section following a Traumatic.Event. During the duration of Mental Health Leave, the peace officer will not face a deduction in salary or other compensation, and the peace officer will not face any change in other benefits, including other leave accrual. The officer shall riot be permitted to take more than a total of nine (9)total Working Days of Mental Health Leave in a calendar year. D. Procedure for Requesting Mental Health Leave: A police officer shall submit a request for Mental Health Leave in writing to the officer's immediate supervisor or to the City's Human Resources Department. The request should be treated as.a priority matter and a decision should be made regarding granting or denying the Mental Health Leave as soon as possible. E. Extension-and Additional Leave: To the extent prescribed in writing by.a Mental Health Professional, the .Department shall grant extensions.of an officer's Mental Health Leave for up to three (3) Working Days at a time. Requests for extensions of -Mental Health Leave should be submitted in same manner,as the original request but should require documentation from a Mental Health Professional justifying the need for the extension. An-additional extension may be.granted, but in no event shall the peace officer be permitted to take more than two extensions for a particular Traumatic Event. To the extent an officer desires to take additional leave outside of the Mental Health Leave provided by-this Policy, the.officer may use additional paid or unpaid leave- under eaveunder the City's and/or 'Department's policies. To the extent an officer needs additional assistance with mental health due to a Traumatic Event, the. .City encourages the officer to utilize the City's Employee Assistance Program(EAP). Nothing in this Policy shall limit an officer's ability to utilize leave under the Family and Medical Leave Act (FMLA), to request accommodations for a disability under the Americans with Disabilities Act (ADA), or to utilize any other benefits provided to him or her under the City's or Department's policies F: : Confidentiality of:Request: The City,and Department will keep requests to take Mental Health Leave, whether granted or not, and any medical information related to such request confidential to the extent required by state and federal law: Such requests will be maintained separate from the officer's general personnel file. Information that. is otherwise public or necessary to carry out .the City'.s and/or Department's duties under the law, confidentiality cannot be guaranteed. G. Return from Mental Health Leave: Following use of Mental Health Leave, an officer shall return promptly 'to duty on the next Working Day. To the extent the officer takes more than.three (3) Working Days of Mental. Health Leave, the officer must submit to the Department return-to-wor-k documentation from the officer's Mental Health Provider. Additionally, the City may require the officer to-undergo a psychological.examination by a Mental Health Professional of the City's choosing, to determine fitness for duty and as otherwise permitted by applicable laws SECTION 3 CUMULATIVE CLAUSE The Amendment outlined in.Section 2 of the City of.Cibolo Personnel Policies, are the only changes.and the remainder of the Policy shall.stay as written. That this Resolution shall be .cumulative of all other ordinances and resolutions of the City of Cibolo; Texas, except where the provisions of this Resolution are in direct conflict with the Provisions.of such other ordinances and/or resolutions, in which event the conflicting provisions of such ordinances or resolutions are hereby repealed. SECTION 4 SEVERABILITY That it:is hereby declared to be the intention of the City Council of the City of Ciboloo-that the phrases, clauses,.sentences; paragraphs, and sections of this Resolution are severable, and if any phrase, clause,'.sentence, paragraph or section of this, Resolution should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or. sections of the Resolution s, since the same would have been enacted:by the City Council without incorporation in this resolution of any such unconstitutional phrases, clause;sentence,paragraph or section: SECTION 5 EFFECTIVE DATE This Resolution shall take effect and shall be in full force upon adoption. PASSED AND APPROVED AND ADOPTED THIS 15th DAY OF NOVEMBER 202.1.. APPROVED: Stosh Allo �rn ATTEST: = Peggy Cimics, TRMC ' City Secretary