HomeMy WebLinkAboutOrdinance 22999-11-2017 ORDINANCE NO. 22999-11-2017
AN ORDINANCE ESTABLISHING THE NEW CLASSIFICATION OF
COMMANDER; CREATING SIX POSITIONS IN THE CLASSIFICATION
OF COMMANDER; ADJUSTING THE TOTAL NUMBER OF
AUTHORIZED SWORN POSITIONS IN THE POLICE DEPARTMENT BY
SIX; PROVIDING A STATEMENT OF PURPOSE AND INTENT;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL PRIOR ORDINANCES AND REPEAL CONFLICTING
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 143.021(a), Texas Local Government Code provides that a
municipality's governing body shall by ordinance (i) establish the classifications of police
officers and(ii)prescribe the number of positions in each classification; and
WHEREAS,on September 26,2017,the City Council adopted Ordinances 22942-
09-2017 and 22942-09-2017,which established the Police Department's sworn personnel
staffing levels effective October 1, 2017, as follows:
Assistant Chief 3
Deputy Chief 5
Captain 17
Lieutenant 50
Sergeant 184
Corporal/Detective 241
Police Officer 1,224
Total 1,724; and
WHEREAS, the Police Chief requested that the City Council establish the
classification of commander and add six (6) positions in this classification, effective
immediately,to prescribe the number of authorized positions in the Police Department to
conform with the proposed changes as set forth below in order to effect efficient economy
of the operations of the Police Department.
Ordinance No.22999-11-2017 Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH,TEXAS:
SECTION 1.
That, following the formal adoption of this ordinance,the following positions shall
be the only civil service positions in each classification(rank)authorized in the City of Fort
Worth Police Department effective immediately, until modified by subsequent ordinance:
Assistant Chief 3
Deputy Chief 5
Commander 6
Captain 17
Lieutenant 50
Sergeant 184
Corporal/Detective 241
Police Officer 1.224
Total 1,730
SECTION 2.
The "Mayor and Council Communication" memorandum, which is presented
contemporaneously with this ordinance, is hereby expressly incorporated herein by
reference for further clarification and explanation of the purpose and intent of the City
Council in its adoption of this ordinance as well as the Department in its implementation.
SECTION 3.
This ordinance shall be cumulative of all provisions of previous ordinances and of
the Code of the City of Fort Worth, Texas (2015),as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of prior police staffing
ordinances for the Police Department and such Code, in which event conflicting provisions
of such ordinances and such code provisions are hereby repealed and this ordinance shall
be controlling.
Ordinance No.22999-11-2017 Page 2 of 3
SECTION 4.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of these ordinances 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.
SECTION 5.
This ordinance shall take effect and be in full force and effective immediately, with respect
to the addition of six(6)positions as reflected above, and it is so ordained.
APPROVED A T FOKM AND LEGALITY: ATTEST:
i
J �
Denis C. McElrVst. City Attorney Mary J. KWer,yBy Secretary
ADOPTED: November 14, 2017
EFFECTIVE: November 14, 2017
Ordinance No.22999-11-2017 Page 3 of 3
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."
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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 ReviseI.d Remaining Future Intended
y Authorized
Position Authorized Authorized
Current Temporaril
Strength
Positions I Authorized Positions
Positions
jAssistant Chief ( 3 3 �3
Deputy Chief( 5 _ (Y 5 F 5
i
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Commander ( - ( +6 ( 6 ( 6
aptain 17 17 �— 17
(Lieutenant 50 50
(Sergeant (� 184 184 184
Corporal/Detective 241 241 241
(Police Officer 1 ----- 1,224 (— 1,224 _ 1 (60) F-1,164
OTAL F 1,724 1 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).
Payina 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
Funding savings.
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
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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 M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / 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 _
Fund Department ccoun Project Program ctivity Budget Reference # Amount
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2) 1A
CERTIFICATIONS:
Submitted for City Manager's Office by: Valerie Washington (6199)
Originating Department Head: Joel Fitzgerald (4231)
Additional Information Contact: Joel Fitzgerald (4231)
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