Common use of Continuing Relationship Clause in Contracts

Continuing Relationship. a) The parties acknowledge their longstanding history of successful Meet & Confer negotiations and their joint efforts to continue to build on the framework of each previous agreement. This AGREEMENT is the product of that relationship and negotiation history. This includes agreements on the issues which may require a contractual modification of existing civil service law (access to the 143.089(g) file, and release of defined reports from Independent Investigations), agreements to outline the broad concepts of citizen oversight, and agreements which clarify rights which exist with or without the AGREEMENT. Other aspects of the CITY’s implementation of citizen oversight are its prerogatives under Texas law and the City Charter, and do not require contractual provisions. Both parties recognize that without the continued ability of the CITY to carry out citizen oversight, this AGREEMENT would not have been reached, either as to the economic issues or the additional provisions for the procedural protections of Officer’s rights. b) In the event of any court order, judgment, Texas Attorney General’s opinion or arbitration decision brought or caused by Officers or the APA which substantially impairs c) In the event of any court order, judgment, Texas Attorney General’s opinion or arbitration decision brought or caused by the City of Austin or other party with standing under this AGREEMENT substantially impairs the provisions of Article 17 pertaining to Officer’s rights, or which would allow full access to investigative evidence of officer misconduct in the absence of a disciplinary decision imposed by the Chief, the APA may reopen negotiations to resolve and correct the issue or provide an alternate resolution. If a negotiated resolution of the issue is not achieved, the CITY may terminate this AGREEMENT after ninety (90) days written notice, and the parties may resume negotiations toward a successor agreement under the provisions Section 143.301 et. seq., of the Texas Local Government Code.

Continuing Relationship. a) The parties acknowledge their longstanding history of successful Meet & Confer negotiations and their joint efforts to continue to build on the framework of each previous agreement. This AGREEMENT is the product of that relationship and negotiation history. This includes agreements on the issues which may require a contractual modification of existing civil service law (access to the 143.089(g) file, and release of defined reports from Independent Investigations), agreements to outline the broad concepts of citizen oversight, and agreements which clarify rights which exist with or without the AGREEMENT. Other aspects of the CITY’s implementation of citizen oversight are its prerogatives under Texas law and the City Charter, and do not require contractual provisions. Both parties recognize that without the continued ability of the CITY to carry out citizen oversight, this AGREEMENT would not have been reached, either as to the economic issues or the additional provisions for the procedural protections of Officer’s rights. b) In the event of any court order, judgment, Texas Attorney General’s opinion or arbitration decision brought or caused by Officers or the APA which substantially impairsimpairs oversight access to the 143.089(g) file, prevents release of the defined portions of reports of independent investigation, invalidates the 180 tolling provision in Article 16, or impairs the CITY’s right to expedited arbitration as contemplated herein, the CITY may reopen negotiations to resolve and correct the issue or provide an alternate resolution. If a negotiated resolution of the issue is not achieved, the CITY may terminate this AGREEMENT after ninety (90) calendar days written notice, and the parties may resume negotiations toward a successor agreement under the provisions Section 143.301 et. seq., of the Texas Local Government Code. c) In the event of any court order, judgment, Texas Attorney General’s opinion or arbitration decision brought or caused by the City of Austin or other party with standing under this AGREEMENT substantially impairs the provisions of Article 17 pertaining to Officer’s rights, or which would allow full access to investigative evidence of officer misconduct in the absence of a disciplinary decision imposed by the Chief, the APA may reopen negotiations to resolve and correct the issue or provide an alternate resolution. If a negotiated resolution of the issue is not achieved, the CITY may terminate this AGREEMENT after ninety (90) calendar days written notice, and the parties may resume negotiations toward a successor agreement under the provisions Section 143.301 et. seq., of the Texas Local Government Code.

Continuing Relationship. a) The parties acknowledge their longstanding history of successful Meet & Confer negotiations and their joint efforts to continue to build on the framework of each previous agreement. This AGREEMENT is the product of that relationship and negotiation history. This includes agreements on the issues which may require a contractual modification of existing civil service law (access to the 143.089(g) file, and release of defined reports from Independent Investigations), agreements to outline the broad concepts of citizen oversight, and agreements which clarify rights which exist with or without the AGREEMENT. Other aspects of the CITY’s implementation of citizen oversight are its prerogatives under Texas law and the City Charter, and do not require contractual provisions. Both parties recognize that without the continued ability of the CITY to carry out citizen oversight, this AGREEMENT would not have been reached, either as to the economic issues or the additional provisions for the procedural protections of Officer’s rights. b) In the event of any court order, judgment, Texas Attorney General’s opinion or arbitration decision brought or caused by Officers or the APA which substantially impairsimpairs oversight access to the 143.089(g) file, prevents release of the defined portions of reports of independent investigation, invalidates the 180 tolling provision in Article 16, or impairs the CITY’s right to expedited arbitration as contemplated herein, the CITY may reopen negotiations to resolve and correct the issue or provide an alternate resolution. If a negotiated resolution of the issue is not achieved, the CITY may terminate this AGREEMENT after ninety (90) days written notice, and the parties may resume negotiations toward a successor agreement under the provisions Section 143.301 et. seq., of the Texas Local Government Code. c) In the event of any court order, judgment, Texas Attorney General’s opinion or arbitration decision brought or caused by the City of Austin or other party with standing under this AGREEMENT substantially impairs the provisions of Article 17 pertaining to Officer’s rights, or which would allow full access to investigative evidence of officer misconduct in the absence of a disciplinary decision imposed by the Chief, the APA may reopen negotiations to resolve and correct the issue or provide an alternate resolution. If a negotiated resolution of the issue is not achieved, the CITY may terminate this AGREEMENT after ninety (90) days written notice, and the parties may resume negotiations toward a successor agreement under the provisions Section 143.301 et. seq., of the Texas Local Government Code.

Continuing Relationship. a) The parties acknowledge their longstanding history of successful Meet & Confer negotiations and their joint efforts to continue to build on the framework of each previous agreement. This AGREEMENT Agreement is the product of that relationship and negotiation history. Rather than including in this agreement many of the details or the processes which were in former agreements, the parties have limited the provisions in this agreement to those that are necessary. This includes agreements on the issues which may require a contractual modification of existing civil service law (access to the 143.089(g) file, and release of defined reports from Independent Investigations), agreements to outline the broad concepts of citizen oversight, and agreements which clarify rights which exist with or without the AGREEMENTagreement. Other aspects of the CITYCity’s implementation of citizen oversight are its prerogatives under Texas law and the City Charter, and do not require contractual provisions. Both parties recognize that the City may proceed with citizen oversight under this new agreement substantially as it has done under the prior agreement, and the City is entitled to the maintenance of those prior rights and prerogatives, although this agreement does not require the City to operate citizen oversight under the prior provisions, except to the extent now specified in this agreement. Both parties recognize that without the continued ability of the CITY City to carry out citizen oversight, this AGREEMENT agreement would not have been reached, either as to the economic issues or the additional provisions for the procedural protections of Officerofficer’s rights. b) In the event of any court order, judgment, Texas Attorney General’s opinion or arbitration decision brought or caused by Officers officers or the APA which substantially impairsimpairs oversight access to the 143.089(g) file, prevents release of the defined portions of reports of independent investigation, invalidates the 180 tolling provision in Article 16, or impairs the City’s right to expedited arbitration as contemplated herein, the City may reopen negotiations to resolve and correct the issue or an alternate resolution. If a negotiated resolution of the issue is not achieved, the City may terminate this agreement after ninety (90) days written notice, and the parties may resume negotiations toward a successor agreement under the provisions Section 143.301 et.seq., of the Texas Local Government Code. c) In the event of any court order, judgment, Texas Attorney General’s opinion or arbitration decision brought or caused by the City of Austin or other party with standing under this AGREEMENT agreement substantially impairs the provisions of Article 17 pertaining to Officerofficer’s rights, or which would allow full access to investigative evidence of officer misconduct in the absence of a disciplinary decision imposed by the Chief, the APA may reopen negotiations to resolve and correct the issue or provide an alternate resolution. If a negotiated resolution of the issue is not achieved, the CITY City may terminate this AGREEMENT agreement after ninety (90) days written notice, and the parties may resume negotiations toward a successor agreement under the provisions Section 143.301 et. seqet.seq., of the Texas Local Government Code.