Statutory Override Sample Clauses

Statutory Override. This article preempts any conflicting state statutes (including Texas Local Government Code Chapters 141, 142, and Chapter 143, sections 143.041 and 143.042 of the Texas Local Government Code. This article further preempts, to the extent of any conflict, all other contrary state statutes, local ordinances, local ordinances, executive orders, civil service provisions, or rules adopted by the Chief of Police or City or by any division or agent of the City, including any City personnel board and the Firefighters and Police Officers Civil Service Commission, as provided by Texas Local Government Code Section 142.067.

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 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 that 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. Should any provision of this Agreement be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, it being the intention of the Parties that no portion of this Agreement or provision herein shall become inoperative or fail by reason of the invalidity of any other portion or provision.

Statutory Override. This article supersedes the following sections of the Local Government Code: Section 143.022(b) since annual department physicals replaced the mandatory physical and drug test for promotions if the annual department physical occurred within 12 months of promotion; Section 143.033(b) since this contract resets the accrual of seniority points to zero upon promotion to a higher rank within the New Braunfels Fire Department; Section 143.034 is also superseded by this agreement. The agreement does not alter the time in which to file an appeal with the Commission, which is five (5) business days under 143.034(a), but rather this Agreement extends the time for a candidate to review test materials from after the test until the time of the appeal hearing.

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. [Approved by the Abilene City Council on the day of , 2020] Date: ▇▇▇▇▇▇ ▇▇▇▇▇ CITY MANAGER ATTEST: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ CITY SECRETARY APPROVED: APPROVED AS TO FORM: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, POLICE CHIEF ▇▇▇▇▇▇▇ ▇▇▇▇▇, CITY ATTORNEY [Ratified by APOA Membership on the day of , 2020] ▇▇▇▇ ▇▇▇▇▇▇ PRESIDENT Date: ▇▇▇▇▇ ▇▇▇▇▇ FIRST VICE PRESIDENT Date: I. S ergeant’s Promotional Procedure Notification a. The Civil Service Director shall publicize each vacancy and shall fill the vacancies within ninety (90) days after the date the vacancy occurs or a new position is created if no eligibility list exists. If an eligibility list exists on the date a vacancy occurs, the vacancy shall be filled from the eligibility list within sixty (60) days after the date the vacancy occurs. Posting electronically as well as a written posting at the Employee Entrance to the Department shall be sufficient for on-site posting. b. Thirty (30) days prior to the date a Sergeant’s promotional process is held, the Commission shall post a notice of the promotional process in plain view in the hallway of City Hall and at the main employee entrance of the Department. The notice shall also be sent to all eligible employees by reliable means. The notice must show the position for which the promotional process is being held and the date, time and place of the beginning of the promotional process (the written examination). c. The Sergeant’s promotional process shall be held as vacancies become available or are projected. The eligibility list from each promotional process will not become effective until the previous eligibility list has expired or been exhausted.

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.