HomeMy WebLinkAboutResolution 3803-10-2009A Resolution
NO 3803-10-2009
PROVIDING CITY COUNCIL AIDES THE OPTION OF PURCHASING HEALTH
BENEFITS THROUGH THE CITY OF FORT WORTH'S BENEFITS PLAN
WHEREAS, the Charter of the City of Fort Worth, Chapter III, Section 3 requires the
City of Fort Worth to pay all necessary expenses incurred by the City Council in the
performance of their official duties, and
WHEREAS the Crty of Fort Worth authorized the hiring of aides on May 25 1993 m
Council Proposal 181 as a necessary expense in assisting Council members in the performance
of their official duties, and
WHEREAS each aide is hired at the discretion of an individual Council member and
WHEREAS each Council member has exclusive supervisory authority over his or her
aide, and may terminate the aide s employment at will for any reason, or no reason, and
WHEREAS aides to Council members are excluded from the City of Fort Worth s merit
employment system, as well as the grievance and appeal procedure, and
WHEREAS aides are political appointees as defined by the Fair Labor Standards Act,
29 U S C § 203(3)(C)(i) (ii)(III) and are, therefore, exempt from the overtime and other
requirements of that law and
WHEREAS aides are political appointees as defined by Title VII of the Civil Rights Act
of 1964 29 U S C § 2000e(f) and are, therefore, exempt from the anti-discrimination
provisions of that law and
WHEREAS, Pursuant to Chapter 172 of the Texas Local Government Code, the City of
Fort Worth may provide certain benefits, including group health coverage to its officers,
employees, and retirees, and to the dependents of officers, employees and retirees Pursuant to
Article 16 Section 66 of the Texas Constitution, and City Ordinance No 18278 such benefits
are not a constitutionally protected right, and may be changed or discontinued at any time, and
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RESOLUTION NO 3803-10-2009
WHEREAS, The City of Fort Worth currently provides health benefit coverage for its
full time, non-political employees and retirees, their dependents, and for survrvmg dependents
of retired employees and vested terminated employees on a variable contribution basis, and
WHEREAS the Crty of Fort Worth intends to provide Council aides the option of
obtaining health benefit coverage, which will include medical, dental, and the flexible benefit
plan only through the City of Fort Worth s benefit plan.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
That aides to the Council Members of the City of Fort Worth have the option of
purchasing health benefits coverage through the City's employee benefit plan, including
medical, dental and the flexible benefit plan, by paying the full premiums including the Crty
contribution at the Council aides own expense without subsidy from the City of Fort Worth.
Said resolution and benefit option does not m any way alter the aides employment status as
political appointees who are employed entirely at the will of the Council Members to whom
they report and therefore, exempt from the provisions of the Fair Labor Standards Act and Title
VII of the Civil Rights Act of 1964 Furthermore, the act of purchasing. health benefits coverage
from the City of Fort Worth does not establish a contractual right to City of Fort Worth health
benefits coverage, nor does it guarantee future coverage The City of Fort Worth may change
health benefits or discontinue health benefits at any time
Adopted this 27th day of October 2009
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