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Home My WebLink AboutOrdinance 9316r ,~~ ~ ~ tim +$ 7 .. .yl' ~L ORDINANCE N0. ~~/~ AN ORDINANCE AMENDING APPENDIX B, "PERSONNEL", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS AMENDED, PRO- VIDING FOR THE APPOINTMENT OF CERTAIN PERSONS IN THE CLASSIFICATION IMMEDIATELY BELOW CHIEF IN THE FIRE AND POLICE DEPARTMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS. SECTTON 1. That Appendix 8, "Personnel", of the Code of the City of Fort Worth, Texas (1964), as amended, be and is hereby further amended by adding a new Chapter III, and the said chapter shall read as follows: "CHAPTER III. APPOINTMENT OF CERTAIN FIREMEN AND POLICEMEN Tex. Rev. Civ. Stat. Ann. Art. 1269m ~8A Sec. 1. Fire Appointees. a. The fire chief shall have the authority to select and appoint up to three (3) persons to the classification immediately below that of fire chief. b. Each person appointed under this section shall serve at the pleasure of the fire chief and without civil service protection. Eligibility for appointment and the rights of appointees hereunder shall be in accordance with Tex. Rev. Civ. Stat. Ann., Art 1269m §8A. Sec. 2. Police Appointees. a. The police chief shall have the authority to select and appoint up to five (5) persons to the classification immediately below that of police chief. b. Each person appointed under this section shall serve at the pleasure of the police chief and without civil service protection. Eligibility for appointment and the rights of appointees hereunder shall be in accordance with Tex. Rev. Civ. Stat. Ann., Art 1269m ~8A. SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. 0 X ~ ,7 a c ~ ^ :.~ ~ FS ~ ., µ SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION '4. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 5. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED : ~ '~aZ ~~ EFFECTIVE :~- /ol ".~5/''- lbb -2- fit y ~~' F'or~ berth, texas ;,~~,,~r ~~ ayor a~a.d Co~.,crc~al Cor~amunicatioa~. DATE REFERENCE SUBJECT Appointment Process for Classificatio S PAGE NUMBER G-~b253 Immediately Below Chief fn the Fire and Polio , o,y As the result of a very active legislative program by Texas Citfes in cooperation with Texas Firefighters and the Combined Law Enforcement Associations of Texas (CLEAT), numerous revisions were made in the Civil Service Act for Firemen and Policemen during the 1983 legislative session. The process to appoint persons into the classification immediately below the rank of Chief was revised to allow the Chiefs of the Fire and Police Departments to select and appoint persons to the classification immediately below the classification of Chief without examination and not under civil service protection. Persons appointed under these provisions serve at the pleasure of the Fire and Police Chiefs under the conditions outlined in Section 8A, Article 1269m. The Civil Service Aet requires these changes be adopted in an ordinance. The ordinance will authorize the Fire Chief to select and appoint up to three (3) persons fn the classification immediately below that_ of Ffre Chief. The last reorganization of the Fire Department included a provision for the Fire Chief to make such appointments, but there was not a provision for the Police Chief to use the revised process. The attached ordinance provides for the statutory process outlined fn Section 8A, Article 1269m to be used by both the Fire and Police Chiefs. The purpose of this revision was to allow the Chiefs more flexibility in choosing their management team. There is no additional costs associated with the adoption of the attached ordinance. Recommendation: It is recommended that the City Council adopt the attached ordinance: 1. Authorizing the Fire Chief to select and appoint up to three (3) persons in the classification immediately below that of Fire Chief without examination and not under civil service protection to serve at the pleasure of the Fire Chief, as authorized by Section 8A, Article 1269m. 2. Authorizing the Police Chief to select and appoint up to five (5) persons to the classification immediately below that of Police Chief, without examination. and not under civil service protection to serve at the pleasure of the P is Chief, as A ~ B Y authorized by Section 8A, Article 1269m. ApPROV~ CITY GOUNCII E B i 2 19x5 F ,' / ~~ ~~~ City Senetaay of the SUBMITTED FOR THE CITY MANAGER'S ~~~ ~ 1 V2: A DISPOSITION BY COUNCIL: PROCESSED 8Y l1FFICE BY ` ,,~~~~~Wl ^ APPROVED ORIGINATING DEPARTMENT HEAD• Charlie Shapard ^ OTHER (DESCRIBE) CITY SECRETARr FOR ADDt~ION L INfOR ATION ard X7783 T C~iarlle ~ha ao tea ord~~~~~e wo. - - ~ ~ DATE p CON ACT