CONDITIONS OF EMPLOYMENT AGREEMENT

Transcription

1 THE STATE OF TEXAS COUNTY OF HARRIS CONDITIONS OF EMPLOYMENT AGREEMENT WHEREAS, the City of Webster seeks to obtain the best possible candidates for employment within the Webster Fire Department; and WHEREAS, to obtain the best possible employees, the Webster Fire Department requires applicants to have and maintain certain minimum qualifications, training, and certification; and WHEREAS, the City requires every new probationary employee in the Webster Fire Department to agree to various conditions and qualifications of employment for the duration of the employee s tenure with the City; and NOW THEREFORE, the City of Webster and employee agree as follows: 1. I, THE UNDERSIGNED, AN APPLICANT/PROBATIONARY EMPLOYEE FOR THE CITY OF WEBSTER FIRE DEPARTMENT, IN CONSIDERATION FOR EMPLOYMENT WITH THE CITY OF WEBSTER, DO UNDERSTAND AND VOLUNTARILY AGREE, AS A CONDITION OF INITIAL AND CONTINUED EMPLOYMENT, TO THE FOLLOWING CONDITIONS OF EMPLOYMENT. 2. EMT Certifications. The Webster Fire Department provides emergency medical service for the citizens. (a) Paramedic Certification. The City of Webster desires that each applicant and employee already be EMT certified at the Paramedic level. Therefore, as a condition of my initial and continued employment, I agree I am EMT (Emergency Medical Technician) certified at the Paramedic level. (b) Future Requirements. Upon completing the appropriate emergency medical training and receiving State Certification, I acknowledge that I am subject to being detailed and assigned to the emergency medical services to include ambulance activity. Upon receiving State Certification, I agree to comply with and fulfill all existing and future requirements of the Texas Department of State Health Services to maintain my level of certification. Furthermore, once I obtain my EMT- Paramedic level of certification, I agree to comply with and fulfill all existing and future requirements of the Webster Fire Department and/or Medical Director. It is understood that if I fail to maintain any and all required certifications at a level established by the Department, or if I fail to comply with and fulfill all existing and future requirements of the Webster Fire Department, Texas Department of State Health Services and/or Medical Director providing Medical Control for the Webster Fire Department, I shall be in breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. It is understood that all continuing education and/or annual training, attended voluntarily on off-duty time, to maintain present certification or to attain a higher level of certification is non-compensable under federal and state law, and that by my signature below acknowledges that I will voluntarily attend such training, as required to maintain my certification or attain a higher level of certification. Page 1

2 3. Outside Employment. I recognize that the fire service is a physically and mentally challenging job requiring that I come to work in top physical and mental shape. Outside employment may have a detrimental effect on my physical condition and mental acumen. As an employee, I acknowledge that I am prohibited from engaging in outside employment, including self-employment, unless specifically approved by the prior to commencement. It is further understood that the criteria used by the Department when considering requests for outside employment shall be determined solely by the Department and shall be subject to change at any time. The criteria shall include, at a minimum, employee performance evaluations, disciplinary actions, attendance, sick leave usage, lost time injuries, safety record, the type of outside work to be performed, hours of work, workers compensation coverage, sick leave and medical insurance coverage, and possible conflicts of interest. It is understood that I must obtain approval before commencing in any form of employment outside of the Department and each year thereafter as established by Department policy. Further, I understand that all decisions rendered by the relevant to the review, approval, or denial of requests to engage in employment outside of the Department by employees shall not be subject to review or appeal. I understand that if I fail to comply with and fulfill all existing and future requirements of the Webster Fire Department regarding employment outside of the Department, I shall be in breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. 4. Outside Fire Service and EMS Activities. I recognize that the fire service and EMS service is a physically and mentally challenging job requirement that I come to work in top physical and mental shape. Outside fire service and EMS activities may have a detrimental effect on my physical condition and mental acumen, and may be incompatible with my employment with the City. As an employee, I acknowledge that I am prohibited from engaging in the provision of fire service or EMS activities, to include, but not limited to, fire suppression, fire prevention, fire investigation, fire education, hazardous materials, and emergency medical services, for any entity, public or private, with or without remuneration, unless specifically approved by the. Further, I understand that the criteria used by the Department when considering requests for fire service and EMS activities shall be determined solely by the Department and shall be subject to change at any time. The criteria shall include, at a minimum, employee performance evaluations, disciplinary actions, attendance, sick leave usage, lost time injuries, safety record, the type of fire service activities to be performed, hours of work, workers compensation coverage, sick leave and medical insurance coverage, and possible conflicts of interest. I understand that I must obtain approval before commencing in any form of fire service or EMS activities outside of the Department and each year thereafter as established by Department policy. It is further understood that all decisions rendered by the relevant to review, approval, or denial of requests to engage in fire service or EMS activities outside of the Department, shall not be subject to review or appeal. Further, I understand that if I fail to comply with and fulfill all existing and future requirements of the Webster Fire Department regarding fire service or EMS activities outside of the Department, I shall be in breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. 5. Drivers License. The City of Webster desires that each applicant and employee already have a Class B, Texas Drivers License. However, to obtain the best possible employee, the City may hire a desirable applicant who does not yet have said license, provided the applicant agrees to obtain the license within the time frame specified by the. Therefore, as a condition of my initial and continued employment, I agree to obtain a Class B, Texas Drivers License within one (1) year following employment of a firefighter position or within (1) month of accepting any higher position within the department. I understand that any time spent studying, practicing to drive, and taking Page 2

3 the State examination is non-compensable under federal and state law, and shall be on my non-work time. I also understand that as a condition of initial and continued employment, I could be required to obtain a Class A, DOT Commercial Drivers License at some time during my employment with the Department. Furthermore, as an employee obtaining a Texas Drivers License as required by the Department, I shall comply with and fulfill all existing and future requirements of the Webster Fire Department and State of Texas. I understand that failure to obtain and maintain a Texas Drivers License at a level required by the Department shall constitute a breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. 6. Drug and Alcohol Abuse Policy. I understand and acknowledge that I have received and read the City of Webster s Drug Free Workplace Policy and agree to comply with all of its requirements and subsequent modifications. I understand that failure to comply with and fulfill all requirements and future requirements of the Webster Fire Department related to the City s Drug Free Workplace Policy shall constitute a breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. 7. Tobacco-free. I agree to be tobacco free upon appointment and throughout the length of my service to the Webster Fire Department. It is understood that the use of tobacco or tobacco products at any time during my length of service with the Webster Fire Department is prohibited and shall constitute a breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. 8. Wellness/Fitness. I recognize that the fire service is a physically challenging job requiring that I be in top physical condition. I acknowledge that I am required to participate in, and maintain the standards established by the Webster Fire Department Wellness-Fitness Program. Participation in this program shall include, but is not limited to, medical fitness, physical fitness, emotional fitness, and rehabilitation when indicated or mandated by the Department. Further, I understand that I am to cooperate fully with the City in the review or investigation of sick leave usage, injury leave, and wellness-fitness standards and maintenance to include, but not limited to, the release and production upon request of all medical records, medical test results, and other medical records if specifically related to the review or investigation of sick leave or injury leave usage in question, regardless of origin, repository, or proprietary nature throughout their length of service to the Webster Fire Department. I understand that failure to comply with and fulfill all requirements of the Webster Fire Department Wellness-Fitness Program as established by Department policy shall constitute a breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. I understand that failure to comply with and fulfill all requirements of the Webster Fire Department related to the review or investigation of sick leave, injury leave, or wellness-fitness standards and maintenance shall constitute a breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. 9. Occupational Qualifications. As a condition of initial and continued employment, I agree to obtain and maintain all current and future occupational qualifications, as established solely by the Department. These include, but are not limited to, educational requirements set by the Texas Commission on Fire Protection or other state and/or Page 3

4 federal agencies in order to obtain or retain various certifications; higher-educational requirements; training, seminars, conferences, or continuing education deemed necessary by the employer; special skills, certifications, or abilities. As a condition of initial and continued employment, I further understand that I may be required to obtain additional certifications and/or licenses within a time frame established by the department. I understand that any continuing education, training and/or travel necessary in order to obtain and retain such certifications and/ or licenses shall be considered voluntary on my part, and shall not be considered compensable if attended or occurring on non-work time. The may at his/her discretion extend the deadline for completion. As a condition of initial and continued employment, I understand and acknowledge that I may be required at some time during my service with the Department to be certified as: Fire Officer I, II, III, and IV; Fire Inspector; Fire Investigator; Wildland Firefighter; Peace Officer; Any other certifications and/or licenses I understand that any training necessary in order to obtain and retain the certifications above shall be considered voluntary, and shall not be considered compensable if attended on non-work time. It is understood that failure to satisfactorily complete any instruction or training required by the Department or to obtain and maintain any certificate, license, or vocational proficiency required by the Department during my length of service with the Department shall constitute a breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. 10. Criminal Offenses. As a condition of initial and continued employment, I acknowledge and agree that I must report to the Department and Department Fire Marshal within twenty-four (24) hours of occurrence any arrests, detainments, or charges filed by appropriate law enforcement agencies for all felonies and/or misdemeanors to include DWI offenses. Final disposition of all charges filed and/or adjudicated by the courts shall be reported to the Department within twenty-four (24) hours. This section does not pertain to minor Class C traffic offenses unless they result in incarceration and/or detainment by a law-enforcement agency. It is understood that failure to comply with this provision at any time during the length of service with the Webster Fire Department is prohibited and shall constitute a breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. Page 4

5 11. Required Education, Certification, Licensure. I understand that as an employee, I must obtain the educational degree, certificate and/or licensure, as a Condition of Employment and that I must meet these requirements within the designated time frame(s). I further understand that I must maintain the required level of education, certification, and/or licensure obtained during the remainder of my employment. It is understood that my failure to obtain the required education, certification, and/or licensure or my failure to maintain the required education, certification, and/or licensure for the duration of my employment I shall be in breach of this agreement and, by my signature below, I agree to automatic resignation and forfeiture of my position with the City of Webster in this event. 12. Other Remedies Not Precluded. I fully understand the above requirements, and I agree to comply fully with each requirement. This instrument is executed to acknowledge my understanding and acceptance of these conditions of employment. I agree that failure to comply with and fulfill all aforementioned requirements of Webster Fire Department during my length of service with the Department constitutes a breach of this agreement and automatic resignation and forfeiture of my position with the City of Webster. I understand that if I forfeit my position for violating any of the aforementioned requirements, said action is not disciplinary in nature, but is solely on account of my not meeting all job requirements. It is understood that automatic resignations for any breach of the terms and conditions of this Conditions of Employment Agreement are voluntary in nature and are considered as non-disciplinary resignations, and there is no right of appeal before the Webster and the Webster City Manager. Notwithstanding the above, the, at his/her discretion, may elect to accept a penalty less than forfeiture of my position for a breach under this agreement, and/or may elect to pursue disciplinary action, if warranted. Nothing herein shall preclude the City from exercising any other remedies granted by law or equity. 13. Joint Severability. Any invalidity of any part of this agreement will not cause the remaining parts to be invalid. 14. Venue. This agreement is governed by the laws of the State of Texas, and venue for any legal proceeding relating to this agreement shall lie in Harris County, Texas. Page 5

6 THE ABOVE REQUIREMENTS HAVE BEEN FULLY DISCLOSED TO ME DURING THE PRE-HIRE AND/OR PROBATIONARY PERIOD, AND I UNDERSTAND THAT MY AGREEMENT TO MEET THE REQUIREMENTS IS A PRE-CONDITION TO MY EMPLOYMENT AND CONTINUED EMPLOYMENT WITH THE WEBSTER FIRE DEPARTMENT. SIGNED this the day of A.D. 20. Signature: Printed Name: Address: Telephone: THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, a notary public in and for said county and state, on this day personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she (strike one) executed the same for the purposes and consideration therein expressed. Notary Public in and for the State of Texas Printed Name: My Commission Expires: Page 6