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HomeMy WebLinkAboutOrdinance 8486r .. ,... .~--, ORDINANCE NO ~~ AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FORT WORTH BY ESTABLISHING A NEW CHAPTER I 'MERIT SYSTEM TO APPENDIX B OF THE CODE WHICH WILL PROVIDE MERIT PRIN- CIPLES COVERA"GE OF THE SYSTEM A PERSONNEL DIRECTOR A PERSONNEL COMMISSION PERSONNEL POLICIES PROHIBITING UNLAWFUL ACTS AND PROVIDING PENALTIES MAKING THIS ORDI- NANCE CUMULATIVE PROVIDING A SEVERABILITY CLAUSE PROVID- ING FOR PUBLICATION AND DECLAP.ING AN EFFECTIVE DATE WHEREAS on the 4th day of April A D 1981 the qualified voters of the City of Fort Worth voted in favor of amending Chapter 23 of the City Charter so as to provide by ordinance for the establishment regulation and maintenance of a Merit System and WHEREAS the City Council desires to establish such a System NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH THAT e ~nm r nAT i Appendix B of the Code of the City of Fort Worth is hereby amended to add a new Chapter I 'Merit System Sections I through II which will hereafter read as follows Sec 1 Statement of Purpose City Council shall establish a system of personnel administration based upon merit principles that meet the program needs of the City This system shall provide means to recruit select develop and maintain an effective and responsive work force and shall include policies and pro- cedures for employee hiring and advancement training and career development job classification salary administra- tion retirement fringe benefits discipline discharge and other related activities Sec 2 Merit Principles (a) Recruitment shall be from qualified individuals from all appropriate sources and after fair and open com- petition selection shall be on the basis of job-related ability knowledge and skills Advancement shall be based on demonstrated ability and quality of performance (b) All persons applying for employment and all employees shall receive fair and equitable treatment in all aspects of personnel management without regard to race color religion national origin sex marital status age handicapping condition or political affilia- tion and with proper regard for their privacy and their constitutional rights e~ (c) Equitable compensation shall be provided for equivalent work and incentives may be provided for excel- lence in performance (d) Employees shall be retained on the basis of their performance training and development opportunities may be provided inadequate performance shall be cor- rected the employees shall be separated who cannot or will not improve their performance to meet established standards (e) High standards of integrity and conduct should be established to be maintained by all employees (f) Employees shall be prohibited from using their official authority or influence for the purpose of inter- ferring with or affecting the result of a nomination for public office or an election Employees shall be protected from coercion for political purposes Sec 3 Coverage of the System This Chapter shall apply to all officers and em- ployees of the City and shall comprise all such positions in the City service now existing or hereafter established except as provided below (a) The M ayor members of the City Council and mem- bers of appointive boards shall be exempt from the provi- sions of this Chapter (b) The City Manager the Assistant City Managers and the City Manager s Secretary shall be exempt from Section 5 of this Chapter (c) The heads of departments assistant heads of departments the Judge of the City Court and the City Secretary shall be exempt from Section 5 of this Chapter (d) Persons temporarily appointed to the City ser- vice shall be exempt from Section 5 of this Chapter (e) The City Attorney and all assistants in the Department of Law are exempt from Section 5 of this Chapter (f) Employees of the Police Department and Fire Department who are subject to the provisions of the Fire and Police Civil Service Act (Article 1269m) are exempt from Sections 5 8 and 11 Sec 4 Personnel Director The City Manager may appoint a Personnel Director who shall administer the personnel system of the City and serve as the Director of the Firemen s and Policemen s Civil Service Commission Sec 5 Personnel Commission (a) There shall be a Personnel Commission consisting of three 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 Members of the Commission shall hold no other salaried or appointed -2- ~~ City office The Personnel Director shall provide staff assistance for the Personnel Commission (b) An independent hearing officer may be designated and directed by the Personnel Commission to conduct hear- ings on employee appeals (c) The Personnel Commission or its independent hearing officer shall hear appeals submitted by any employee subject to the provisions of this Chapter relative to suspension demotion or dismissal after other normal administrative appeals have been exhausted (d) During hearing the appealing employee and the department head taking the adverse action or other persons whose actions are being reviewed shall have the right to be heard publicly be represented by persons of their choice and to present evidentiary facts Rules of evidence shall not apply (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 The Personnel Commission within ten (10) days of the conclusion of the hearing shall forward its recommendation concerning the appeal to the City Manager for appropriate action Sec 6 Personnel Policies The Personnel Director shall prepare personnel pol- icies When approved by the City Manager the policies shall be proposed to the City Council and the Council may by resolution adopt them with or without amendment The Personnel policies shall provide for such rules prac- tices and procedures as necessary for the effective admin- istration of the City s Merit System Employees may submit at any time written suggestions for amendments to the Personnel Policies Suggested amend- ments should be submitted to the Personnel Director Sec 7 Certification of Payroll Vouchers The Personnel Director or authorized representative shall be responsible for certifying that the persons named on payroll vouchers have been appointed and employed in accordance with the provisions of this Chapter Sec 8 Political Activities (a) No officers or employees of the City shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or in receiving any assess- ment subscription or contribution for any political party or for any political purpose whatever (b) No officers or employees of the City shall be an officer of a political party or hold political office dur- ing their employment (c) Nothing herein contained shall affect the right of employees to hold membership in and support a politi- -3- ,r' cal party to vote as they choose to express privately their opinions on all political subjects and candidates to maintain political neutrality and to attend political meetings Sec 9 Unlawful Acts Prohibited (a ) No per sons shall make any false statement cer- tificate mark rating or report with regard to any test certification or appointment made under any provision of this Chapter or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provi- sions 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 exam- iner 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 Sec 10 Penalties (a) Any person who willfully violates any provision of this Chapter shall be guilty of a misdemeanor and sub- ject to a maximum fine of $200 (b) Per-sons convicted of a misdemeanor under this Chapter shall for a period of five years be ineligible for appointment to or employment in a position in the City Service and if they are an officer or employee of the City shall forfeit their office or position Sec 11 Status of Present Employees Employees holding positions in the City Service for three months or more immediately prior to the adoption of this law shall be continued in their respective positions without further examinations until separated from their positions as provided by this Chapter and the regulations and policies thereunder Those holding their positions less than three months immediately prior to the adoption of this Chapter shall serve a probationary period as pre- scribed by the personnel policies and regulations Nothing herein shall preclude the reclassification or realloca- tion as provided by this Chapter of the Charter of any position held by any such incumbent SECTION 2 The violation of any provision of this ordinance or of the Fort Worth City Code shall be deemed an offense and shall be punishable by a fine not exceeding Two Hundred Dollars ($200) and each viola- tion hereof and each day on which there is a failure to comply with -4- r-i r -ML _. the terms of this ordinance shall be and is her eby declared to be a separate and distinct offense and punishable as such SECTION 3 This ordinance shall repeal every prior ordinance and provi- sions of the Fort Worth City Code in conflict herewith but only insofar as any portion of such prior ordinance or provision shall be in conflict and as to all other ordinances or provisions of the Fort Worth City Code not in direct conflict herewith this ordinance shall be and is hereby made cumulative SECTION 4 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 remaining phrases clauses sentences paragraphs and sections of 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 5 This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained APPROVED AS TO FORM AND LEGALIT Y City Attorney Effective Date ~ ~' ~ js.~1 -5- rw pity ®~' 1~®rt ~®~°th, ~e~~s • DATE REFERENCE SUBJECT Amendment to City Charter Chapte PAGE NUMBER ~I~, Civil Servlce >. of~_ 12/15/81 ~* G-5173 Background On April 4 1981 a majority of the qualified voters who participated in the Cit of Fort Worth Charter Amendment Election voted to amend the City Charter by repealing Chapter X~I~, Civil Service and substituting for it a new chapter to read as follows Consistent with all applicable Federal and State laws the City Council shall provide by ordinance for the establishment regulation and maintenance of a; Merit System governing personnel policies grievances and other procedures and practices necessary to the effective administration of employees of_ the City of Fort Wort'rg " Accordingly, it is necessary that an ordinance be adopted providing for the establishment and regulation of the City`s Merit System recommendation It is recommended that the City Council adopt the attached ordinance establishin and regLalating the City`s Merit System DAI plg Attachment APPROVED BY CITY COUNCIL DEC 15 1981 _ SUBMITTED FOR lMh,/ CITY MANAGER'S ~~ DISPOSITION BY COUNCI OCESSED BY OFFICE BY C ~_ ^ APPROVED ^ ORIGINATING ^ OTHE U~ ~FR1B ry of the DEPARTMENT HEAD: G oP Tort Wo>;th, T ITY SECRET FOR ADDITIONAL INFORMATION © ORDIWAIVCE I~~ CONTACT Charlie 5hapard, Est 7769 t