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HomeMy WebLinkAboutCP 208 CIT FO WO , TEXAS 0 COUNCIL PROPOSAL Date File Number Subject Adoption of Personnel Regulation 3/23/99 C.P. 208 Conceming Police Association Leave Proposed by City Manager's Review Councilmember Jim Lane Page—4—of___3_. PROPOSAL: It is proposed that the City Council adopt the attached personnel regulation to establish a policy concerning Police Association Leave. DISCUSSION: The attached regulation would establish a policy regarding the creation of an Association Leave Pool to allow certain Police Department employees to take leave with pay to engage in activities related to the Fort Worth Police Officers Association (the "Association"). These activities would include performance of Association business, attendance at Association meetings or functions, attendance at Association-related seminars and conferences, assisting other employees of the Department at disciplinary hearings, grievances, or other job-related matters, or attendance at meetings or hearings during a session of the Texas Legislature. Under the regulation, Police Department employees with at least three hours of accrued Vacation time could annually complete and file a written form requesting that the City deduct time from the employee's credited Vacation time and credit the time to a pool known as the Association Leave Pool. In addition, any unused credited Vacation time, in excess of the maximum hours that may be accumulated, and which would otherwise be lost by a Police Department employee, would be credited to the Association Leave Pool on a quarterly basis. This credit would be automatic without any action being required by the employee who failed to use the excess Vacation time. Under the regulation, requests for Association Leave would be made by the Association's President to the Chief of Police or his designee. The Association's President would annually submit to the Chief of Police a list of the names of thirteen Police Department employees who would have the right to use hours from the Association Leave Pool with a minimum notice of twenty-four hours. This list could be amended quarterly by the Association. Other employees in the Police Department who desired to use Association leave would be required to submit a leave request to the Police Department at least five days before the anticipated leave and to have written approval of the Association's President. The Chief of Police would be required to approve Association Leave except in the case of an emergency. An emergency would be an unexpected or unforeseen situation calling for immediate action that required the Chief of Police to order employees to report to work. ❑ LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS 0 CITY POLICIES MANUAL CIT FO WO , TEXAS e 00 0 a C COUNCIL PROPOSAL Date File Number Subject Adoption of Personnel Regulation 3/23/99 e Proposed by City Managers Review Councilmember Jim Lane Page-2—of-.-- LEGALITY: The City Council has the authority to direct the City Manager to bring the proposed regulation before the Council for approval. Because the proposed regulation would be a City personnel regulation, question may arise concerning whether it would be enforced under the Civil Service provisions of the Local Government Code, Chapter 143, or whether complaints concerning violations of the regulation would follow the City's grievance procedures or be referred to the Disciplinary Appeals Board. FISCAL NOTE: The adoption of this proposed regulation could have a financial impact on the budget of the Police Department. This is discussed in paragraph 3 of the City Manager's Comments. CITY MANAGER'S COMMENTS: The City Manager is opposed to this policy for several reasons: 1. We currently work with seven employee associations - Fort Worth Police Officers Association, Fort Worth Fire Fighters Association, Fort Worth Black Fire Fighters Association, Library Association, Association of City Employees, Fort Worth Marshals Association, and the Office of Professional Employees International Union Local 227 - AFL-C IO. Of course there are a large number of employees who are not represented by an association. I do not think that it is good policy or a fair process to grant special privileges to one group of employees, to the exclusion of others; 2. The personnel regulation, as proposed, pays employees to conduct association business. Association business is not always in the best interest of the City. The City should not invest public resources for activities not in the public good; 3. Leave banks do not provide any benefit to the City. In fact, to the contrary, leave transferred to a leave bank becomes a new liability/cost that the City did not previously incur. Last year, 1720 hours of excess unused leave by Police civil service employees were removed from the books. At an average of$21 per hour, this would be a $36,120 new liability if it were transferred to a leave bank and taken as association leave; ❑ LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS 0 CITY POLICIES MANUAL P e - CIT FO Wo , TEXAS ® t C3 COUNCIL PROPOSAL Date File Number Subject Adoption of Personnel Regulation 3/2 99 C.P. 208 Concerning Police Association Leave Proposed by City Manager's Review Councilmember Jim Lane page--3--Of 4. In addition to paying for leave which normally would be removed from the books, which costs the City nothing, the City may find itself paying overtime in those instances when an association member takes association leave at a time that diminishes staffing of a function below an acceptable level; and 5. This policy undermines the Police Chiefs ability to manage the Police Department's resources. It removes all discretion from the Chief in the granting of this kind of leave, except in narrowly defined emergencies. This in tum impacts the City Manager's ability to hold the Chief and his staff accountable for the accomplishment of the department's goals. For what it is worth, this is the first time during my tenure with the City that I can recall opposing a Council Proposal. In this case, I believe I would not be fulfilling my professional obligations if I did not. Mayor Councilmember, District 6 7 J� ct.•—• Councilmember, District 2 Councilmember, District 7 Councilmember, District 3 Councilmember, District 8 Councilmember, District 4 Councilmember, District 9 Councilmember, District 5 C1 COUNCW- 0 LEGALITY APR 13 10 ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS .. t ❑ CITY POLICIES MANUAL City secretadwry Tow DRAFT CITY OF FORT WORTH PERSONNEL REGULATIONS SUBJECT: POLICE ASSOCIATION LEAVE 1.0 Purpose: This regulation establishes the policy regarding the creation of an Associalloci Leave Pool as it pertains to certain employees being allowed leave wtift pay to engage in Fort Worth Police Ojrcers Association (hereinafter called "Association") -related activities. 2.0 Departments Affected: Tlic Police Department. 3.0 !'olid.. Police Department employees shall be allowed the opportunity to take time ' off with =y, using credited time deposited in an Association Leave Pool, to perform Association business, attend Association meetings or functions, attend Association-related seminars and conferences, assist other employees of the Department at disciplinary hearings, grievances, or on other job- related nuitters, or to attend meetings or hearings during a session of the Texts Legislature. A" 4.0 Procedures/Rules: 4.1 Creation of fool. The City Manager shall make appropriate arrangements for the creation of an Association Leave fool which ivill accommodate the policies and procedures herein. 4.2 Express Contributions to fool. Within thirty (30) days of (lie enactment of this policy. and during the month of January in each year thereafter, the City shall allow employees of the Police Department who have at least three (3) ltottrs of accrued Vacation time to complete and file a written form requesting that the City deduct from tite said employee's credited V:ucation tithe and credit (lie time deducted to n pool known as the Association leave fool. Contributions are non-revocable. 4.3 Automatic Contributions to fool. All unused credited Vacation time, which is in excess of the number of hours which may be accumulated, and which would otherwise be lost by an employee of the Police Department, shall automatically be deposited and credited to Lite Association Leave Pool by the City, on a quarterly basis, without any action being required by the employee who failed to use such excess Vacation hours. 4.4 Reauests for Association Leave. Requests for leave under this policy shall be made in writing by the Association's President to the Chief of the Police Department (or Lite Chiefs designee). The Association President shall annually submit to the Chief of Police a list of the names of thirteen (13) Police Department employees who siiall have the right to use hours front lite Association Leave fool with a minimum notice of twenty-four (24) !tours. The list of employees eligible for expedited use of Association Leave may be amended no more than once each calendar quarter. All others asing; Association Leave shall be required to submit a leave retluest no less than five (5) calendar days in advance of the anticipated date of leave, and-obtain (lie written approval of lite Association's President. 4-5 Granting of °Association Leave. Such requests Cor use of Association Leave shall be granted by the Chief of Police (or the Chiefs designee), except in the case of emergencies. An emergency is an unexpected happening; or event or unforeseen situation of crisis that calls for ininiediate action and requires lite Chief of Police to order lite Association Presideat or other employees to report to work. .' 4.6 Notice to Eniployee's Supervisor. Employees Who are granted Association Leave time under this policy must.notify their immediate supervisors in writing in advance of using such Association Leave. 4.7 Not A Limitation Upon Unpaid Leave. This policy shall not be considered as a limitation upon the Chief of Police's discretion to allow employees additional time off without pay to attend to other Association business. 4.8 No Loss of Benefits of Service. No employee, oil- account of using Association Leave Pool time, siiall lose any rights or benefits that would normally. accrue to Ute said employee, such as, but not limited to, seniority. Nor shall such leave be construed as a break in service for any purpose, including the determination of seniority, promotions, sick leave, vacations, or retirement under civil service or any other method of ascertaining;service and tenure of an employee. 5.0 Appendix/Appendices: 5.1 Donation of Credited Vacation Hours to Association Leave Pool. 5.2 List of Employees Eligible for Expedited Use of Association Lcavc. 5.3 Request for Association Leave with Pay.