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Item 4DITEM 4D ICITY OF SOUTHLAKE MEMORANDUM September 15, 2021 TO: Shana K. Yelverton, City Manager FROM: Stacey Black, Director of Human Resources SUBJECT: Approve Resolution No. 21-043, Approving the City of Southlake Mental Health Leave for Peace Officers Policy and providing an effective date. Action Requested: City Council approval of Resolution No. 21-043, to approve the Mental Health Leave for Peace Officers Policy and to provide an effective date. Background Information: Texas Senate Bill 1359 amends Section 614.015 of the Texas Local Government Code and requires all law enforcement agencies develop and adopt a policy allowing the use of paid mental health leave by peace officers who experience a traumatic event in the scope of their employment. In accordance with SB 1359, the policy must provide clear and objective guidelines for granting the use of mental health leave, make the leave available without a deduction in compensation, state the number of leave days available, and detail the limit of anonymity for a peace officer taking such leave. The proposed policy is attached, and includes the following provisions: A peace officer may request to use up to three working days of paid mental health leave following a traumatic event that occurred while the officer was on duty. The Chief will approve or deny the request. A peace officer may request an additional three working days of mental health leave when recommended by a mental health professional. The Chief may grant the extension upon receipt of sufficient documentation and after consultation with the Director of Human Resources. A traumatic event is defined as an event that occurs while on duty and in a peace officer's scope of employment involving extreme injury, near death, death of an individual, or other event identified by the Chief. The event may cause the officer to experience unusually strong emotional reactions or feelings which have the potential to interfere with their ability to function during or after the incident. Shana K. Yelverton, City Manager September 15, 2021 Page 2 ITEM 4D • Requests for mental health leave will be treated confidentially and will not be discussed outside the officer's chain of command and only as necessary to facilitate use of leave. The hours away from work will be noted on the timesheet as leave with pay, to provide anonymity. The proposed policy meets the requirements outlined in Section 614.015 of the Texas Local Government Code and, with City Council approval, will be effective retroactively to September 1, 2021. Financial Considerations: There is no direct budgetary impact of this policy. Strategic Link: • Focus Area: Performance Management and Service Delivery • Corporate Objective: L3 Attract, develop and retain a skilled workforce Citizen Input/ Board Review: N/A Legal Review: The City Attorney has reviewed the proposed policy. Alternatives: Changes as may be desired by the City Council. Deny the proposed policy. Supporting Documents: Resolution No. 21-043 Staff Recommendation: City Council approval of Resolution No. 21-043, to approve the Mental Health Leave for Peace Officers Policy and to provide an effective date. RESOLUTION NO. 21-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE CITY OF SOUTHLAKE MENTAL HEALTH LEAVE FOR PEACE OFFICERS POLICY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake (the "City") previously adopted personnel policies; and WHEREAS, the City wishes to adopt the Mental Health Leave for Peace Officers Policy; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The City of Southlake hereby approves and adopts the following personnel policy that has financial implications, a copy of which is attached as Exhibit "A": Mental Health Leave for Peace Officers Policy Section2. That this resolution is in effect upon passage and adoption by the City Council effective October 1, 2021. PASSED AND APPROVED THIS THE DAY OF )2021. John Huffman, Mayor ATTEST: Amy Shelley, City Secretary Page 1 CITY OF SOUTHLAKE MENTAL HEALTH LEAVE FOR PEACE OFFICERS Purpose. The purpose of this policy is to provide guidance in accordance with Section 614.015 of the Texas Local Government Code, as amended, regarding paid mental health leave for peace officers. Eligibility. This policy applies to all sworn Peace Officers employed by the City of Southlake. Definitions. The following definitions apply to this policy: Chief. The Police Chief (or designee) or Fire Chief (or designee). If the employee is in the Police Department, Chief refers to the Police Chief (or designee). If the employee is in the Fire Department, Chief refers to the Fire Chief (or designee). Mental Health Leave. Administrative leave with pay granted in response to a traumatic event that occurred in the scope of the peace officer's employment. Mental Health Professional. A licensed social or mental health worker, counselor, psychotherapist, psychologist, psychiatrist, or other medical professional. Peace Officer. An individual described by Article 2.12, Code of Criminal Procedure, who is elected for, employed by, or appointed by the City. Traumatic Event. An event that occurs while on duty and in a peace officer's scope of employment involving extreme injury, near death, death of an individual, or other event identified by the Chief. The event may cause the officer to experience unusually strong emotional reactions or feelings which have the potential to interfere with their ability to function during or after the incident. Policy. Mental health leave is intended to provide Peace Officers who experience a traumatic event while on duty with time away from work to receive professional assistance in dealing with the traumatic experience. a. Request for Leave. A peace officer may submit a request to use mental health leave. The request shall be made through the chain of command. The Chief will approve or deny the leave request no later than 24 hours following the request. b. Duration of Mental Health Leave. A Peace Officer directly involved in a traumatic event may request up to three (3) working days of mental health leave. Mental Health Leave for Peace Officers Page 1 CITY OF SOUTHLAKE c. Extension of Mental Health Leave. An extension of mental health leave may be available under certain circumstances. A peace officer may request in writing to the Chief for an additional three (3) working days of mental health leave when recommended by a mental health professional. The request shall be accompanied by documentation from a mental health professional treating or counseling the officer. The Chief may grant the extension upon receipt of sufficient documentation and after consultation with the Director of Human Resources. d. Confidentiality. Requests for mental health leave shall be treated as strictly confidential by all parties involved. They shall not be discussed or disclosed outside the officer's immediate chain of command and only as necessary to facilitate the use of the leave. The hours away from work will be noted on the timesheet as leave with pay, to provide anonymity. Any breach of this confidentiality shall be grounds for discipline. Confidentiality may be waived by the officer seeking mental health leave. Confidentiality may be waived under circumstances that indicate the officer is a danger to themself or others. e. Mental Health Services. Peace Officers who experience a traumatic event are encouraged to seek assistance through departmental programs, the City's employee assistance program, or other resources. Contact Human Resources to learn more about the employee assistance program. Approval and Effective Date. City Council approved this policy on September 21, 2021 by Resolution No. 21-043, and it is effective retroactively to September 1, 2021. Mental Health Leave for Peace Officers Page 2