2021-49 - O - Adopting Quarantine Leave and Mental Health Leave Certain Personnel 9.14.21TOWN OF PROSPER, TEXAS
ORDINANCE NO. 2021-49
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ADOPTING NEW PERSONNEL POLICIES REGARDING
QUARANTINE LEAVE AND MENTAL HEALTH LEAVE FOR CERTAIN
PERSONNEL, AS REQUIRED BY RECENT LEGISLATION; MAKING
FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Regular Session of the 87th Texas Legislature adopted two (2) bills that
impact certain existing Town personnel policies, as more fully described herein; and
WHEREAS, House Bill 2073 provides, in part, that municipalities must develop and
implement a paid quarantine leave policy for firefighters, peace officers, detention officers and
emergency medical technicians when any of said individuals are required to quarantine or isolate
due to a possible or known exposure to a communicable disease while on duty and moreover,
such quarantine leave (1) must be paid leave without any charge to accrued leave; and (2) said
individuals must continue to receive all employment benefits, such as health plan and
pension/retirement benefits; and
WHEREAS, Senate Bill 1359 provides, in part, that law enforcement agencies must
develop and implement a policy allowing the use of mental health leave by peace officers who
experience a traumatic event in the scope of that employment and moreover, such mental health
leave (1) must be without any deduction in salary or other compensation; and (2) specify the
number of mental health leave days available to a peace officer; and
WHEREAS, the Governor has signed both House Bill 2073 and Senate Bill 1359; and
WHEREAS, the attached quarantine leave and mental health leave policies, attached
hereto as Exhibit A and Exhibit B, respectively, are in full compliance with the foregoing legislation;
and
WHEREAS, the Town Council hereby adopts the attached quarantine leave and mental
health leave policies for inclusion in the Town's Personnel Policies.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
The Town Council hereby adopts the attached quarantine leave and mental health leave
policies for inclusion in the Town's Personnel Policies.
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 14T" DAY OF SEPTEMBER, 2021.
APPROVED:
" 'A
Ray rnit , Mayor
Robyn Batt , InLI Town Secretary
APPROVED AS TO FORM AND LEGALITY: O
Terrence S. Welch, Town Attorney ��'►V►' /'■''��
Ordinance No. 2021-49, Page 2
EXHIBIT A
TOWN OF PROSPER
PERSONNEL POLICY
Section 5.10: PAID QUARANTINE LEAVE
The Town of Prosper will provide paid quarantine leave to all Firefighter/Paramedics and Police Officers as
defined by law and in accordance with Section 180.008 of the Texas Local Government Code, as amended.
Quarantine Leave shall be used to quarantine or isolate Firefighters or Police Officers due to a possible or
known exposure to a communicable disease while on duty. This policy is effective June 15, 2021.
The use of quarantine leave will be provided after a Firefighter or Police Officer has had a possible or known
exposure to a communicable disease while on duty and for which an approved health authority has ordered
quarantine or isolation. When this occurs, the Town shall allow for the use of paid quarantine leave for the
duration of quarantine or isolation as determined by an approved health authority. Employees may return
to work when a release has been provided by the health authority.
This policy will be applied with the Workers Compensation Policy as this leave is granted for on -duty
exposures.
A. Applicability
This policy only applies to certified Firefighters/Paramedics and sworn Police Officers employed by the
Town of Prosper as defined in Section 180.008 of the Texas Local Government Code, as amended.
B. Requesting Quarantine Leave
An employee who has been exposed to a possible or known communicable disease while on duty must
notify their immediate supervisor, or per the chain of command, immediately or as soon as possible. The
Fire or Police Department will coordinate with Human Resources to ensure this policy is implemented
and followed per Section 180.008 of the Texas Local Government Code, as amended. Paid Quarantine
Leave will only be granted for on -duty exposures. Employees will be required to submit a First Report
of Injury or Accident Report, as this leave will run concurrently with workers' compensation leave.
Applicable employees on paid quarantine leave will be treated consistently with other worker's
compensation claims and/or procedures.
Health protocols and other practices may be implemented to appropriately deal with the disease and to
prevent community spread.
C. Benefits
An employee on paid quarantine leave will continue to be eligible for all employment benefits and
compensation, including leave accruals, pension benefits, and health plan benefits for the duration of the
leave. While on quarantine leave, an employee is not required to use other paid leave types such as
vacation, sick or holiday leave. The reduction of a Firefighter or Police Officer's sick leave balance,
vacation leave balance, or holiday leave balance is strictly prohibited.
Adopted September 14, 2021
Ordinance 2021-49, Page 3
EXHIBIT A
When applicable, employees who must quarantine may be eligible for reimbursement for reasonable
costs related to the quarantine, including lodging, medical expenses, and transportation. The employee
must receive approval from Human Resources for reimbursement and all applicable receipts and
documentation must be submitted to Human Resources prior to reimbursement.
Adopted September 14, 2021
Ordinance 202149, Page 4
EXHIBIT B
TOWN OF PROSPER
PERSONNEL POLICY
Section 5.11: MENTAL HEALTH LEAVE FOR PEACE OFFICERS
The Town of Prosper will provide paid Mental Health Leave to Peace Officers in accordance with Section
614.015 of the Texas Government Code, as amended. If a Peace Officer experiences a traumatic event directly
related to their job duties, Mental Health Leave may be allowed so that the Peace Officer can recover or begin
the process of recovery and accessing needed resources for treatment. This policy is effective September 1,
2021.
A. Applicability
Pursuant to Section 614.015 of the Texas Government Code, Mental Health Leave is only available to
sworn Peace Officers.
B. Definitions
Peace Officer: A Police Officer, or may include other sworn personnel, licensed by the Texas Commission
on Law Enforcement and actively employed by the Town.
Traumatic Event: An event which occurs in the Peace Officer's scope of employment when the officer is
involved in the response to, or investigation of, an event that causes 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.
The officer may directly experience the traumatic event or witness, in person, the traumatic event as it
occurred to others. Other circumstances that may qualify would include learning that the traumatic
event(s) occurred to a close family member or a close friend or experiencing repeated or extreme
exposure to the details of the event. In the case of actual or threatened death of a family member or
friend, the event(s) must have been violent or accidental.
Traumatic events may include, but are not limited to, the following:
1. Major disasters which may include response to weather related events involving multiple casualties;
or explosions with multiple casualties; or search and recovery missions involving multiple casualties;
2. Incidents involving multiple casualties which may include shootings or traffic accidents;
3. Line of duty death or suicide of a department member;
4. Death or serious injury of a child resulting from violence, sexual abuse, or neglect;
5. Officer(s) involved in the shooting of a person.
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 or psychiatrist as approved by the Town of Prosper.
Adopted September 14, 2021
Ordinance No. 2021-49, Page 5
EXHIBIT B
C. Requesting Mental Health Leave
An officer directly involved in a traumatic event may request the use of mental health leave. The request
shall be made in writing through the chain of command and in consultation with the Human Resources
Director. The request shall be treated as a priority matter and a decision on the granting of the leave
shall be made no later than 24 hours following the submission of the request. The request shall be
granted unless the chain of command can articulate specific compelling reasons to deny granting the
leave.
A supervisor or coworker who becomes aware of behavioral changes in an officer directly involved in a
traumatic event should suggest to the officer that he or she seek mental health leave and the assistance
of a mental health professional.
D. Duration of Mental Health Leave
An officer directly involved in a traumatic event may request up to 40 hours of paid mental health leave
per event. Any hours utilized as mental health leave shall be calculated as regular hours worked. There
shall be no deduction in salary or other compensation for mental health leave.
Extensions of leave may be available under certain circumstances. Any request for an extension shall be
accompanied by documentation from a mental health professional who is counseling the officer. The
Chief shall grant the extension upon the receipt of sufficient documentation and in consultation with
Human Resources.
E. Confidentiality
Any request for mental health leave shall be treated as strictly confidential by all parties involved and
shall not be discussed or disclosed outside the officer's immediate chain of command and Human
Resources and only as necessary to facilitate the use of the leave. Any officer or supervisor who becomes
aware of behavioral changes and suggests the officer seek mental health leave shall not discuss that
matter with any third party. Any breach of this confidentiality shall be grounds for discipline.
Confidentiality may be waived by the officer seeking mental health leave. In addition, confidentiality may
be waived under circumstances which indicate the officer is a danger to himself/herself or others and
department personnel must confer with mental health professionals.
Adopted September 14, 2021
Ordinance No. 2021-49, Page 6