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HomeMy WebLinkAboutOrdinance 8923ORDINANCE NO. ~ lo~ AN ORDINANCE AMENDING CHAPTER I OF APPENDIX "B" OF THE CITY CODE OF THE CITY OF FORT WORTH, WHICH CHAPTER WAS ESTABLISHED BY ORDINANCE NO. 8486 TO PROVIDE FOR THE DIS- CHARGE, SUSPENSION OR DEMOTION OF EMPLOYEES; TO PROVIDE FOR A PERSONNEL COMMISSION AND INDEPENDENT HEARING OFFICER TO CONDUCT HEARINGS CONCERNING EMPLOYEE APPEALS FROM DIS- MISSAL, DEMOTIONS OR SUSPENSIONS WHICH EXCEED TEN WORKINGI DAYS; PROVIDING PROCEDURES CONCERNING PERSONNEL COMMISSION HEARINGS; PROHIBITING UNLAWFUL ACTS AND PROVIDING PENALTIES; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR THE ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AMENDING THE PROVISIONS OF ORDINANCE NO. 8486 WHICH ARE IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, J TEXAS: SECTION 1. That Ordinance No. 8486, which amended the City Code of the City of Fort Worth by establishing a new Chapter I, "Merit System," to Appendix "B", be, and the same is hereby, amended by changing Sections 5 and 9 to read as follows and by adding Sections 5A and 5B to read as follows: "Sec. 5. Discharge, suspension or demotion. "The head of the department or division in which an employee is serving may, for any cause specified in the personnel regulations concerning disciplinary action and subject to the right of appeal given to such employee hereunder, discharge any employee who is covered by this chapter, suspend such employee for a definite or indefi- nite period of time, or demote such employee in rank or position. The department or division head taking such dis- ciplinary action shall forthwith prepare or cause to be prepared a written statement of the action taken with respect to such employee and the grounds for such action. Such statement shall contain a specification of facts which will inform the employee of the nature of the charges against him and will place him fairly upon his defense. Within seventy-two (72) hours after the disci- plinary action is taken, the department or division head shall file such statement with the Personnel Director and shall send or deliver a copy to the employee. "Sec. 5A. Personnel Commission. "(a) There shall be a Personnel Commission consisting of six members appointed by the City Manager from among the qualified voters of the City and confirmed by the City Council for overlapping terms of three years.. As nearly as reasonably possible, the membership of the Commission shall be fairly representative of both sexes and of the various racial groups which comprise the employees of the ~, 1 ~ ~ i City. Vacancies shall be filled for the unexpired terms of any members whose terms become vacant. All cases to be heard by the Personnel Commission shall be heard by a panel of three members. The members of the panel for each case shall be appointed by the Chairperson of the Commission. A decision of the Commission shall require the affirmative vote of two members of the panel, Panels of the Commission may hold simultaneous hearings. Members of the Personnel Commission shall hold no other salaried or appointed City office. The Personnel Director shall pro- vide staff assistance for the Personnel Commission. "(b) The Personnel Commission shall hold an organiza- tional meeting in October of each odd-numbered year and shall elect a Chairperson and Vice-Chairperson from among its members before proceeding to any other matters of business. Four members of the Personnel Commission shall constitute a quorum for the conduct of business at such organizational meeting. "Sec. 5B. Appeals to Personnel Commission. "(a) The Personnel Commission shall hear appeals sub- mitted by any employee subject to the provisions of this chapter relative to dismissal, demotion or suspensions which exceed ten working days, after other normal adminis- trative appeals have been exhausted.. The employee must file a written notice of such appeal with the Personnel Director within fourteen days after the Personnel Department informs the employee that his normal adminis- trative appeals have been exhausted. The filing of such notice of appeal shall be jurisdictional. "(b) An independent hearing officer may be designated and directed by the Personnel Commission to conduct hear- ings on employee appeals and to report his findings to the Personnel Commission. Such findings shall constitute a part of the proceedings upon which the decision of the Commission shall be made. "(c) During hearing, the appealing employee and the department or division head taking the disciplinary action shall have the right to be heard publicly, to be repre- sented by persons of their choice and to present evidenti- ary facts. Rules of evidence shall not apply. "(d) In any appeal, the Personnel Director may, in his discretion, direct the department head or division head, the employee and their attorneys, if any, to meet with the Personnel Director for a pre-hearing conference to consider: "(1) Each party's contentions concerning the charges, appeal and facts which are in dispute. "(2) The names abd addresses of witnesses which each party intends to call and the testimony which each witness is expected to give. "(3) The simplification of issues at the hear- ing. "(4) The possibility of obtaining admissions of facts and of documents which will avoid unnecessary proof. -2- :. 'X "(5) Limiting the number of witnesses who will testify. "(6) The advisability of referring the appeal to a designated hearing officer. "(7) The amount of time to be allowed for the hearing. "(8) A hearing date. "(9) Such other matters as may aid in disposi- tion of the appeal. "The Personnel Director shall make a written report to the Commission which shall state the action taken at the pre- hearing conference, the agreements made by the parties as to any of the matters considered, and the issues in the appeal which are not disposed of by admissions or agree- ments of the parties. The matters stated in such report, when approved by the Commission, shall control the subse- quent course of the appeal unless modified at the hearing to prevent manifest injustice. "(e) In conducting the hearing, the Personnel Commission or its designated hearing officer has the power to administer oaths, issue subpoenas, receive relevant evidence, compel the production of books and papers rele- vant to the hearing and question witnesses. "(f) Hearings before the Commission shall proceed in the following order unless the Commission should, for good cause shown, otherwise direct: "(1) The department or division head, or his attorney, shall make an opening statement to the Commission concerning the nature of the charges against the employee, what the department or division head expects to prove and what action he desires for the Commission. to take. Immediately thereafter the employee, or his attorney, may make a similar state- ment. "(2) The evidence of the department or division head shall then be introduced. "(3) The evidence of the employee shall then be introduced. "(4) The parties shall then be confined to re- butting testimony on each side. "(5) After the evidence is concluded, the de- partment or division head, or his attorney, and the employee, or his attorney, may make a closing argu- ment concerning the evidence presented, whether the charges have been proven, and the action which should be taken by the Commission. "(g) In such hearings, the burden of establishing just grounds for discharge, suspension or demotion shall rest upon the department or division head. In hearing and disposing of appeals the Commission shall hear and con- sider only evidence relevant to the particular charges -3- against the employee, as contained in the written state- ment on file with the Director of Personnel, and shall not consider evidence of any unrelated matter. An employee who alleges that disciplinary action was taken against him because of discrimination shall have the burden of proving such discrimination. "(h) Within ten days after conclusion of the hearing of an appeal or as soon thereafter as practicable, the Commission shall determine whether the charges are sus- tained by a preponderance of the evidence.. If the Commission shall determine that the charges are sustained, the Commission shall at once determine whether the good of the City requires that the employee be permanently dis- charged or be suspended without pay for a definite period fixed in the discretion of the Commission, or demoted from a higher to a lower position. If the Commission shall determine that the charges are not sustained, the Commission shall recommend that the employee be reinstated in his former position. The Personnel Commission, within ten days of the conclusion of the hearing, or as soon thereafter as practicable, shall forward its written recommendation concerning the appeal to the City Manager for appropriate action. Such recommendation shall be limited to a statement of whether the Commission finds that the charges against the employee are sustained or not sustained, and the action which the Commission recommends concerning the employee's appeal. The Commission may, in its discretion, recommend that an employee be awarded all or part of his back pay when the Commission finds that such action would be appropriate in the interest of jus- tice. "(i) The Personnel Commission may, on its own motion, or on the motion of the department head, division head or employee, order that the hearing of an appeal be post- poned. When the employee is notified that his appeal is set for hearing and fails to appear at such hearing or request a postponement, the Commission may dismiss the appeal. "Sec. 9. Unlawful Acts Prohibited. "(a) No persons shall make any false statement, cer- tificate, mark, rating or report with regard to any test, certification or appointment made under any provisions of this Chapter or in any manner commit or attempt to commit any fraud preventing the impartial execution of the pro- visions of this Chapter and policies thereunder. "(b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for any appointment, pro- posed appointment, promotion or proposed promotion to, or any advantage in, a position in the career service. "(c) No employee of the Personnel Department, ex- aminer or other person shall defeat, deceive or obstruct persons in their right to examination, eligibility, certi- fication or appointment under this Chapter or furnish to any person any special or secret information for the pur- pose of affecting the rights or prospects of any person with respect to employment in the career service. -4- "(d) No person shall fail or refuse to comply with a subpoena issued by the Personnel Commission, or its designated hearing officer, in conducting a hearing on an employee appeal." SECTION 2. That the violation of any provision of this ordinance or of the Fort Worth City Code shall be deemed an offense and shall be punish- able by a fine not exceeding Two Hundred Dollars ($200), and each violation hereof, and each day on which there is a failure to comply with the terms of this ordinance, shall be and is hereby declared to be a separate and distinct offense and punishable as such. 5ECTTON 3. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, as amended, affecting employees under the Merit System, except where the provi- sions of this ordinance are in direct conflict with the provisions of such ordinances and such code, in which event conflicting provi- sions of such ordinances and such code are hereby repealed. SECTION 4. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter I of Appendix "B" of the Code of the City of Fort Worth, as amended, and of any other ordinances affecting employees subject to the Merit System which have accrued at the time of the effective date of this ordinance; and as to such accrued. violations in all pending litigation, both civil and criminal, whether pending in court or not, under such chapter or other ordinances, same shall not be affected by this ordinance but may be prosecuted until final dis- position by the courts. SECTION 5. That it is hereby declared to be the intention of the City Council of the City of Fort Worth, Texas, that the sections, para- graphs, sentences, clauses and phrases of this ordinance are severable, and, if any section, paragraph, sentence, clause or -5- MASl~R FILE 1 „C 1/' ~ ~ ,~ . CIT'f MANAGER 1 i pity ®f' J~'~rt ~®rth, ~"e.~~.~ ACCOUNTING-2 ~/~J,/7J~(~(f~///J®Te ~~lYll~)% 11 ,®1LJIL~~~(V // -®~~IV~L~~~~~~®~ TRANSPORTATIONIPUBJLIC`yWfLORI`K,/S(/-b Q Q ~~,(` ~•/ l`I`/. PERSO LAW- ~~ ~1 v EIDATE NUMBER CE SUBJECT Amendment t0 Merit System PAGE 9-20-83 **G-5757 Ordinance 1 1 of ~. Background On December 15, 1981, the City Council adopted Ordinance No. 8486 which established and regulates the City of Fort Worth's "Merit System." This ordinance provides for a Personnel Commission to hear employee appeals from disciplinary action, specifies the procedures for Commission hearings and authorizes the use of an independent hearing officer to conduct hearings. The Personnel Commission now has heard numerous appeals, and various recom- mendations have been received concerning ways to speed up the hearing process and make it more efficient. These recommendations include the following. 1. Increase the Personnel Commission from three to six members. 2. Provide that as nearly as reasonably possible, Commission members shall be appointed who are fairly representative of both sexes and of the racial groups which comprise the employees of the City. 3. Authorize Commission Chairperson to appoint panels of three members to hear appeals. 4. Require City Departments to give employees written statements of the reasons for disciplinary action. 5. Provide that employee suspensions of less than ten days cannot be appealed to the Commission. 6. Establish procedures for pre-hearing conferences to define issues, witnesses, hearing dates and other preliminary matters. 7. Establish procedures to regulate the order in which evidence is presented at Commission hearings, 8. Provide that failure or refusal to obey a Commission subpoena shall be unlawful, Accordingly, an ordinance has been drafted to include the above changes in the Merit S stem Ordinance. The Personnel Commission Cit Ma rsonnel ~ Director and City Attorney have reviewed the proposed ordin~~~i ~r~~ommend its adoption. CITY COUNCIL Recommendation SEp 2Q 1983 It is recommended that the City Council adopt the attachdi. ~4c ~ , ~ ~~ amending the Merit System Ordinance. _, f Secrets of the SUBMITTED FOR 7HE CITY MANAGER'S ~ _ ~ ~ ~ t7FFICE BY DISPOSITION 8Y COU~S~.~ ~ w~~" p1{ PROCESSED BV : 7 FA~yE 1 APPROVED ORIGINATING r• OTHER (DESCRIBE) DEPARTMEWT HEAD• Charles Sha and _ _.___ p CITY SECRETARY FOR ADDITIONAL INFORMATION a CONTACT Charles Shapard, EXt. 7769 e GATE _ ~'