HomeMy WebLinkAboutOrdinance No. 2022-18ORDINANCE NO.2022-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, AMENDING THE PERSONNEL POLICIES OF THE CITY OF
FRIENDSWOOD BY ADDING SECTION 8.15 "MENTAL HEALTH LEAVE POLICY
FOR PEACE OFFICERS," CONSISTENT WITH SECTION 614.015 OF THE TEXAS
GOVERNMENT CODE; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 614.015 of the Texas Government Code provides that law enforcement
agencies shall "develop and adopt a policy allowing the use of mental health leave by the peace officers
employed by the agency who experience a traumatic event in the scope of that employment"; and
WHEREAS, the policy must (i) provide clear and objective guidelines establishing the
circumstances under which a peace officer is granted mental health leave and may use mental health leave;
(ii) entitle a peace officer to mental health leave without a deduction in,salary or other compensation; (iii)
enumerate the number of mental health leave days available to a peace officer; and (iv) detail the level of
anonymity for a peace officer who takes mental health leave; and
WHEREAS, the City of Friendswood's Police Department has developed a policy for mental health
leave for peace officers who experience a traumatic event while on duty consistent with state law; and
WHEREAS, the attached policy establishes leave, which is designed to be a resource available for
eligible peace officers to support them in maintaining a healthy state of mind while at work and at home; and
WHEREAS, consistent with state law, the policy:
(a) establishes guidelines under which leave may be granted;
(b) provides that leave may be taken without any deduction in employment benefits, seniority,
and compensation, including all special pays, leave accrual, pension benefits and eligibility
for healthcare plan benefits for the duration of the leave;
(c) allows for up to five (5) days of leave per year as a result of a traumatic event; provided
that it is approved by the Chief of Police or ordered by a mental health professional; and
(d) provides for the anonymity of the requests and any medical information related to the leave,
to the extent allowed by law; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF
TEXAS:
Section 1. That the facts and matters set forth in the recitals of this resolution are hereby found
to be true and correct.
Section 2. That Section 8 "Leave" of the Personnel Policies of the City of Friendswood is
hereby amended to include a new Subsection to be numbered and entitled Subsection 8.15 "Mental Health
Leave for Peace Officers." Such subsection is attached as Exhibit "A" and incorporated herein for all intents
and purposes.
Section 3. All ordinances or parts of ordinances inconsistent or in conflict herewith are,
to the extent of such inconsistency, hereby repealed.
Section 4. In the event any clause phrase, provision, sentence, or part of this Ordinance or
the application of the same to any person or circumstances shall for any reason be adjudged invalid
or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this
Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or
unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed
each and every part of the same notwithstanding the omission of any such part thus declared to be invalid
or unconstitutional, whether there be one or more parts.
Section 5. That this ordinance shall become effective from and after its date of passage and
its publication, as provided by law.
PASSED and APPROVED on first reading this III day . y, 2022.
r
-1IKL EM Mayor
ATTE -:
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LETICIA BRYSCH, City Secret r ri
APPROVED AS TO FORM:,
KAREN HORNER, City Attorney
PASSED, APPROVED and ADOPTED on second and
LETICIA BRYSCH, City
APPROVED AS TO FORM:
MIKE F
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O Ca
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KAREN HORNER City Attorney
HACity CouncillOrdinances12022107-11-20221Ordinance - Mental Health Leave Policy.docx
this 11 day of August, 2022.
1m ayor
Exhibit "A"
CITY OF FRIENDSWOOD
PERSONNEL POLICIES
Section'8. Leave
Subsection 8.15. Mental Health. Leave for Peace Officers
Effective Date:
Approved By: Ordinance No. 2022-_ Revision Date:
8.15. Mental Health Leave for Peace Officers.
a. Purpose.
The purpose of this policy is to allow the use of Mental Health Leave by eligible Peace
Officers employed by the City of Friendswood who experienced a Traumatic Event while on
duty. Such leave is designed to be a resource available for eligible Peace Officers to support
them in maintaining a healthy state of mind while at work and at home; however, requesting
or taking leave is not a requirement for every Traumatic Event.
b. Eligibility.
This policy applies to all eligible Peace Officers within the City of Friendswood Police
Department. The Chief will be responsible for communicating and implementing this policy
within the Department.
C. Definitions.
The following words, terms, and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Chief means the Chief of Police of the Friendswood Police Department or his/her designee.
City means the City of Friendswood, Texas.
Confidentiality means a duty of an individual to refrain from sharing confidential information
with others about a Peace Officer applying for and/or taking Mental Health Leave under this
policy, in accordance with applicable local, state, or federal laws and regulations.
Department means the Police Department of the City of Friendswood.
Mental Health Leave shall mean paid leave granted by the Chief to eligible Peace Officers
pursuant to this policy.
Mental Health Professional means a person who by education and experience is
professionally qualified to provide counselling interventions designed to facilitate individual
achievement of human development goals and remediate mental, emotional, or behavioral
disorders, and associated distresses, which interfere with mental health and development.
This person must be licensed to provide services in the State of Texas.
Peace Officer means an individual described by Article 2.12, Code of Criminal Procedure,
who employed by the City and is licensed by the Texas Commission on Law Enforcement.
Scope of Employment means an activity of any kind or character that has to do with and
originates in the work as a Peace Officer of the City and is performed by the Peace Officer
while engaged in or about the furtherance of the affairs or business of the City.
Traumatic Event means an event, series of events, incident, or set of circumstances that (i)
was experienced by the Peace Officer while on duty during the Scope of Employment; (ii)
was physically harmful, emotionally harmful, or life -threatening; and (iii) has the potential
to cause lasting adverse effects on the Peace Officer's functioning and mental, physical,
social, or emotional well-being outside of the typical setting for the position. Examples
include, but are not limited to:
(a) any officer -involved shooting;
(b) line of duty death or suicide of a member of the Department;
(c) any investigations by the Peace Officer involving deaths or serious bodily
injury of individuals;
(d) any investigations by the Peace Officer involving abuse of individuals; - -
(e) witnessing of a sudden violent death;
(f) witnessing severe human suffering; and/or
(g) experiencing any physical or sexual assault.
d. Procedure.
In General. The use of Mental Health Leave may be granted after a Peace Officer
experiences a Traumatic Event during the Scope of Employment and in accordance
with departmental and City policies and procedures. Mental Health Leave is to be used
to receive assistance in dealing with the Traumatic Event that was experienced. Eligible
Peace Officers must provide a written request for Mental Health Leave to their
supervisor(s) or the Chief. For each Traumatic Event, Mental Health Leave may be
granted in accordance with this policy.
2. Leave. Mental Health Leave for a Traumatic Event shall be (i) at the discretion of the
Chief, who will base his/her decision upon the information provided to him/her after
the event occurs, or (ii) ordered by a Mental Health Professional. Leave may only be
granted as a result of a Traumatic Event.
3. Leave Request. Eligible Peace Officers must submit a written request for Mental
Health Leave along with documentation supporting such leave to the Chief in order to
be considered for Mental Health Leave. The following will suffice as documented
justification:
(a) physician note or
(b) therapist/counselor note.
4. Review of Mental Health Leave Request. Upon receipt of a written Mental Health Leave
request, the Chief will notify the City's Human Resources Department. The Chief will:
(a) review the request;
(b) determine if the request qualifies for Mental Health Leave;
(c) approve or deny the request;
(d) render a decision on the granting of the leave and setting the length
thereof no later than five (5) working days following the receipt of the
request by the Chief, and
(e) notify Human Resources of the determination.
5. Hours of Leave Afforded. Peace officers who meet all eligibility requirements and are
granted are entitled to up to five (5) days (40 hours) of Mental Health Leave per
calendar year. All Mental Health Leave taken pursuant to this policy will run
concurrently with FMLA or any other leave provided by the City.
Return to Work. Prior to returning to work after Mental Health Leave, the Peace
Officer must provide a letter of clearance by his/her Mental Health Professional
indicating he/she is released to return to work with or without reasonable
accommodations.
e. Impact on Benefits and Other Leave.
Peace officers on Mental Health Leave will continue to be eligible for all employment benefits,
seniority, and compensation, including continuing their special pays, leave accrual, pension
benefits and eligibility for healthcare plan benefits for the duration of the leave. While on
Mental Health Leave, the City will not reduce a Peace Officer's sick leave balance, vacation
leave balance, holiday leave balance or other paid leave balances in connection with Mental
Health Leave taken in accordance with this policy. Sick leave used prior to the approval of the
leave by the Chief will be reinstated to the Peace Officer's sick leave balance up to the number
of days allowed for the Peace Officer's Mental Health Leave.
f. Confidentiality.
The City will endeavor to keep requests to take Mental Health Leave and any medical
information related to Mental Health Leave under this policy confidential to the extent allowed
by law. Any request for Mental Health Leave by a Peace Officer shall be treated as confidential
by all parties involved and shall not be discussed or disclosed except as necessary to facilitate
the use of the leave. Confidentiality may be waived (i) by the Peace Officer seeking Mental
Health Leave, (ii) under circumstances which indicate the Peace Officer is a danger to
himself/herself or others, or (iii) as necessary to carry out the Department's duties under the
law. Additionally, nothing contained herein regarding the confidential nature of the Mental
Health Leave shall prohibit the sharing of information with those entitled to access in
accordance with state and federal laws and regulations. Information will be kept separate from
the eligible Peace Officer's general personnel file. The City cannot guarantee anonymity of
information that is otherwise public or necessary to carry out the City's duties in accordance
with applicable laws and regulations.
Employees, who participate in gossip or violations of this subsection, may be subject to
disciplinary action. If a supervisor becomes aware of a violation of this subsection by another
member of the Department, then that supervisor shall take appropriate action to address or
report the violation.
g. Other Employment during Leave Prohibited.
Under no circumstances may a Peace Officer on Mental Health Leave engage in outside
employment during the period of leave unless expressly authorized in writing in advance by
the Chief.
HAHuman ResourcesToliciesWental Health Policy and Quarantine Policy for Police OfficersWental Health Leave for Police and Fire Deparhnentdoex