HomeMy WebLinkAboutOrdinance 22998-11-2017 ORDINANCE NO. 22998-11-2017
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (2015), AS AMENDED, TO REVISE SECTION 27-24, "POLICE
APPOINTEES," TO ADDRESS CREATION OF THE CLASSIFICATION
OF COMMANDER; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 143.014 of the Texas Local Government Code provides that the
head of a municipal police department may, if approved by the governing body by resolution or
ordinance and if at least four classifications exist below the classification of department head,
appoint each person occupying an authorized position in the classification immediately below
that of department head;and
WHEREAS,the Fort Worth City Council has previously enacted Section 27-24, "Police
appointees," of the City Code, which grants the Police Chief, as department head, authority to
select and appoint individuals to the classification immediately below that of police chief;and
WHEREAS, on November 11, 2008, the City Council approved an initial Meet and
Confer agreement with the Fort Worth Police Officers Association, which included a provision
authorizing the creation of a second classification of appointed positions below that of department
head to which the Police Chief was given authority to select and appoint individuals (M&Cs C-
23176, G-17291, and G-17839; Ordinances 19711-06-2011 and 20678-03-2013"); and
WHEREAS, on May 16, 2017, the City Council approved M&C C-28242, which
authorized the current Meet and Confer Contract with the Fort Worth Police Officers Association
("Contract"); and
WHEREAS, Article 15 of the Contract allows for the creation of the classification/rank
of Commander, immediately below the classification of Deputy Chief and immediately above
the classification of Captain;allows for up to six positions in that rank/classification;and provides
that all promotions to that classification shall be exempt from competitive examinations, and
instead shall be made by discretionary appointment of the Police Chief, and
Ordinance No.22998-11-2017 Page 1 of 4
WHEREAS, in Article 15, Section 5 of the Contract, the parties acknowledge and
agree that the Police Chief has the right to set the wages and benefits for positions in the three
appointed classifications of Commander and above, subject to approval of the City Council
as part of the Police Department's budget and that"the pay and benefits provided to Assistant
Chiefs, Deputy Chiefs and Commanders are not subject to [Texas Local Government Code
§§] 143.041(b) or 141.033, and that 143.041(b) and 141.033 are expressly preempted";and
WHEREAS,the Police Department recommends amending Section 27-24 to the Code of
the City of Fort Worth to create the classification of Commander and allow for up to six positions
in that classification; and
WHEREAS,the City Council finds it advisable to adopt staffs recommendations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Section 27-24 of the Code of the City of Fort Worth, (2015), as amended, is hereby
revised to add a new subsection (c) addressing the classification of Commanders and to reletter
the existing subsection (c) and revise it to reflect the impact of the new classification, which
revisions shall read as follows:
Sec. 27-24. Police Appointees.
(c) Commanders.
(1) The police chief shall have the authority to select and appoint
persons to the classification immediately below that of deputy chief,to
be referred to as the classification of commander.
(2) Each person appointed under Section 27-24(_c)(1)above shall serve at
the pleasure of the police chief and without civil service protection.
Eli ig bili for appointment and the rights of appointees hereunder shall be
in accordance with the then-current meet and confer agreement between
Ordinance No.22998-11-2017 Page 2 of 4
the City of Fort Worth and the Police Officers Association, as allowed
by Texas Local Government Code Section 143.307.
Number of appointed positions. The city council can authorize, and the police
chief can appoint, up to a total of ten sixteen (16) appointed positions, including
beth up to ten(10) appointed positions as between the ranks of assistant chief and
deputy chief and up to six (6) appointed positions in the rank of commander.
SECTION 2.
The remainder of Section 27-24 and of Chapter 27 shall remain in full force and effect,
save and except as amended by this Ordinance.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas, (2015), as amended, except where the provisions of this ordinance
arein direct conflict with other provisions of such ordinances or such Code, in which event the
conflicting provisions of such other ordinances or such Code are hereby repealed and this
ordinance shall be controlling.
SECTION 4.
That 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 unconstitutional 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.
Ordinance No.22998-11-2017 Page 3 of 4
SECTION 5.
This ordinance shall take effect and be in full force and effective immediately on adoption,
and it is so ordained
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Denis C. McElroy, ss . City Attorney 14ary i'94SIrXitySecretary
ADOPTED AND EFFECTIVE: November 14, 2017
Ordinance No.229518-11-2017 Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/14/2017 - Ordinance Nos. 22998-11-2017, 22999-11-
2017 and 23000-11-2017
DATE: Tuesday, November 14, 2017 REFERENCE NO.: G-19166
LOG NAME: 3535STAFFING ORDINANCE - COMMANDERS
SUBJECT:
Adopt Ordinance Amending the Fort Worth City Code to Address the Newly Created Classification of
Commander; Adopt Ordinance Prescribing the Number of Authorized Civil Service Positions in Each
Classification in the Police Department by Adding Six Positions in the Classification of Commander; Adopt
Ordinance Revising the Executive Pay Plan for the Police Department to Establish the Pay Range for
Commanders; and Reduce by Nine the Number of Civilian Authorized Positions in the Police Department
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance amending Section 27-24, Police Appointees of the Fort Worth City Code
to adjust the appointments to address the newly created classification of Commander;
2. Adopt the attached ordinance to reflect Civil Service staffing in the Police Department, establishing the
classification of Commander and adding six positions into that rank, thereby increasing the total number of
authorized Civil Service positions from 1,724 for a total of 1,730, effective immediately; and effective until
superseded by future ordinances;
3. Adopt the attached ordinance amending the Police Department's executive pay plan to establish the
pay range for individuals in the Commander rank; and
4. Amend the adopted Fiscal Year 2017-2018 budget to reduce the number of civilian authorized positions
(APs) in the Police Department by nine (9), from currently vacant positions.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to take actions associated with creation
of the appointed classification of Commander, which was a bargained-for term of the Meet and Confer
Agreement with the Fort Worth Police Officers Association as approved by the City Council (M&C C-
28242).
City Code and Salary Ordinance
Section 143.014 of the Texas Local Government Code permits the head of a Police Department, if the
governing body approves by resolution or ordinance and if there are at least four classifications below
department head, to appoint each person occupying an authorized position in the classification
immediately below that of department head. The City has approved this classification by ordinance, and it
is designated as "Assistant Chief."
Logname: 3535STAFFING ORDINANCE - COMMANDERS Page 1 of 4
In addition to the appointed classification authorized by statute, through the iterations of Meet and Confer
Agreements, the City has bargained for two more appointed classifications— Deputy Chiefs (originally
designated as "Majors") and Commanders. Article 15, Section 5 of the current Meet and Confer
Agreement is entitled "Additional Requirements" and provides that(i) " The City may have up to (10)
appointed positions including both the ranks of Assistant Chief and Deputy Chief, and up to six appointed
positions in the rank of Commander" ; (ii) "the pay and benefits provided to Assistant Chiefs, Deputy
Chiefs and Commanders are not subject to [Texas Local Government Code §] 143.041(b) or 141.033, and
that 143.041(b) and 141.033 are expressly preempted in this Agreement" ; and (iii) that "The Chief has
the right to set the wages and benefits for Assistant Chiefs, Deputy Chiefs and Commanders, subject to
approval of the City Council as part of the police department's budget." Section 4 of that Article also
provides that" all promotions to the rank of Commander shall be exempt from competitive examination
and instead shall be made by discretionary appointment of the Chief."
The Police Department is requesting that the City Council adopt the first attached ordinance amending
Section 27-24 of the City Code to establish the new classification of Commander effective immediately
and adopt the third attached ordinance, revising the Police Department salary schedule that was
established by Ordinance 22941-09-2017 in order to add a pay range for Commanders.
Staffing Ordinance
Adoption of the second attached ordinance adjusts staffing in the Department by adding six positions in
the newly created rank.
On August 1 and August 29, 2017, the City Council adopted Staffing Ordinances 22813-08-2017 and
22856-08-2017 to temporarily increase the authorized positions in the Officer rank by a combined total of
sixty-five (65) in order to accommodate Police Recruit Classes 142 and 143. These increases, or"
overages"were necessary due to accelerated training associated with staffing up for the sixth patrol
division.
On September 26, 2017, the City Council adopted Staffing Ordinance 22942-09-2017, effective October 1,
2017, amending the Police Department staffing levels to reflect the changes included in the approved
Fiscal Year 2018 Budget, which increased the number of positions in the classification of
Corporal/Detective by (10), increased the number of positions in the classification of Sergeant by (11),
increased the number of positions in the classification of Lieutenant by two, and increased the number of
positions in the classification of Captain by one for the last phase of staffing for the sixth division.
Although five additional positions in the classification of Officer were Included in the approved budget
(three for the sixth division and two additional School Resource Officers), additional Officer positions were
not included in Ordinance 22941-09-2017. Instead the five budgeted "permanent" Officer positions will
offset the overage positions described above, leaving a balance of sixty (60) overage positions that are
planned to be eliminated once promotional testing and lists are brought current and other anticipated
retirements and attrition occur.
Approval of the second attached ordinance would result in new authorized staffing levels, to be effective
immediately, as follows:
Change Revised Remaining 'Future Intended
Current Temporarily Authorized
Position Authorized Authorized Authorized Strength
Positions� Positions
ositions
Assistant Chief 3�_ 3 ( 3
(Deputy Chief ---—5 5T
Logname: 3535STAFFING ORDINANCE - COMMANDERS Page 2 of 4
(Commander ( - f +6 ( 6 ( 6
aptain 17 17 17
ieutenant (—^ 50 F— 50 ( 50
6 ergeant 184 184 184
�orporaubetectiveC 241 241 ( 241
[Police Officer ( 1,2241,224 __ (60)_ 1,164
(TOTAL F 1,724 — ( 1,730_ (60) 1,670 �—
NOTE - The position changes at issue in this M&C and ordinance do not in any way affect the civil service
positions that were added with the receipt of the COPS Hiring Program Grant (M&C C-27135).
Paving for the Added Positions
As was mentioned in the work session presentation on November 7, the City's management team tasked
the Police Department with finding a way to pay for the added positions without increasing the
department's overall budget. Department staff closely scrutinized the Fiscal Year 2018 budget and
identified areas in which savings are anticipated and/or reductions could be made in order to free up the
$1,183,522.00 total cost associated with these six positions for the remainder of the current fiscal year.
The chart below details the sources of the funding.
FUNDING
Commanders salaries, benefits, and support costs $1,183,522 in Year 1
Funding
Source FY 2018 On-going Comments
PD has 46 civilian vacancies.
Civilian 426,350 426,350 Nine positions would be
Positions eliminated.
Asset One-time use of a portion of asset
Forfeiture 113,503 - forfeiture funds that remain after
covering FY2017 GF over budget.
Contractual Elimination or reduction of six
Services 315,889 315,889 contracts that will produce an
annual recurring savings.
Reviewed all PD units/sections
Budget Right O&M budgets and historical
Sizing 327,780 327,780 spending. Where applicable,
savings were identified and FY18
budget revised.
Facility Elimination of 4 patrol and
Lease - 123,972 storefront facility leases that will
Savings produce an annual recurring
savings.
Funding
Sources 1,183,522 1,193,991
Total
Approval of the fourth recommendation eliminates from the adopted budget the nine (9) vacant civilian
APs referenced in the chart. The vacant positions being eliminated consist of five data reporting
Logname: 3535STAFFING ORDINANCE - COMMANDERS Page 3 of 4
technicians, a property control attendant, a property control specialist, a public information specialist, and
a police range technician. The department does not anticipate any impact to service levels as a result of
eliminating these positions.
This MSC does not request approval of a contract with a business entity.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as appropriated,
of the General Fund. The Police Department has identified offsetting savings for the added positions and
will have the responsibility to manage their appropriations commensurately to not create a deficit position.
FUND IDENTIFIERS (FIDs):
TO
r7l-!7mentartccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Valerie Washington (6199)
Originating Department Head: Joel Fitzgerald (4231)
Additional Information Contact: Joel Fitzgerald (4231)
Logname: 3535STAFFING ORDINANCE - COMMANDERS Page 4 of 4