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Home My WebLink AboutOrdinance 19504-01-2011ORDINANCE NO. 19504-01-2011 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986) BY CREATING A NEW SECTION 27-34 PROVIDING FOR THE PAYMENT OF SHIFT DIFFERENTIAL PAY TO POLICE OFFICERS WHO WORK APPROVED, ASSIGNED SHIFTS IN WHICH MORE THAN 50% OF THE TIME WORKED IS BETWEEN THE HOURS OF 4:00 P.M. AND 12:00 MIDNIGHT OR BETWEEN THE HOURS OF 12:00 MIDNIGHT AND 6:00 A.M.; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE. BE IT HEREBY KNOWN: WHEREAS, the Chief of Police has advised the Council of the continuing need to provide certain police officers working into and over nights with appropriate additional compensation; and WHEREAS, the Council finds that those individuals at the rank of officer through lieutenant who are assigned evening and night shifts are deserving of additional compensation by way of shift differential pay; and WHEREAS, this ordinance is required by Chapter 143 of the Texas Local Government Code and updates the authorization for providing shift differential to eligible police personnel as provided by Resolution 1891 (1993), as amended, and the Personnel Rules and Regulations which provide for shift differential pay, and which were effective prior to September 1, 2008. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 27 of the Code of the City of Fort Worth, Texas (1986) is hereby amended by adding a new Section 27-34 to read as follows: Sec. 27-34 Shift Differential Pay (a) All Full-time police civil service employees up through the rank of Lieutenant are eligible for shift differential pay. (b) Only eligible police employees working approved, assigned shifts will be paid shift differential pay. (c) Only eligible police employees who work a defined shift in which more than 50% of its time worked is between the hours of 4:00 P.M. and 12:00 A.M. (Midnight) shall receive shift differential pay of 3% of their hourly step rate of pay in addition to their hourly step rate of pay. (d) Only eligible police employees who work a defined shift in which more than 50% of its time worked is between the hours of 12:00 A.M. and 6:00 A.M. shall receive shift differential pay of 5% of their hourly step rate of pay in addition to their hourly step rate of pay. (e) Police employees who work a shift in which more than 50% of its time worked is between the hours of 6:00 A.M. and 4:00 P.M. are not eligible for shift differential pay. (fj Employees working pursuant to an emergency call back order will not receive shift differential pay. (g) Shift differential pay will be paid only for time worked. Shift differential pay will not be paid to an Employee for holiday pay or any type of leave pay. SECTION 2. Except where it conflicts, this ordinance does not repeal Resolution 1891 (1993), as amended, nor does it affect shift differential pay as applied to general employees, including those in the Police Department, or Marshals, as described in the Personnel Rules and Regulations that provide for shift differential pay and which were effective prior to September 1, 2008. SECTION 3. This ordinance does not create a new classified civil service rank or position within the Police Department. This ordinance does not create any new civil service vacancies at any classified rank or position within the Police Department. SECTION 4. The Mayor and Council Communication ("M&C") considered contemporaneously with this ordinance is hereby expressly incorporated herein by reference for purposes of determining the intended application of this ordinance. SECTION 5. This ordinance shall be cumulative of all provisions of ordinances and the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. 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. SECTION 7. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Section 1 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. This ordinance shall take full force and effect on and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY Assistant City Attorney Date ADOPTED: January 4, 2011 EFFECTIVE: January 4, 2011 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/4f2Q11 -Ord. No, 1950401-2011 DATE: Tuesday, January 04, 2011 LOG NAME: 35SHIFT DIFFERENTIAL REFERENCE NO.: **G-17170 SUBJECT: Adopt an Ordinance Amending Chapter 27 of the Code of the City of Fort Worth, Texas (1986) Providing for the Payment of Shift Differential for Certain Police Officer Positions RECOMMENDATION: It is recommended that the City Council approve the attached ordinance amending Chapter 27 of the Code of the City of Fort Worth, Texas (1986), providing for the payment of Shift Differential for certain Police Officer positions. DISCUSSION: Section 143.047 of the Local Government Code of the Police and Fire Civil Service Act permits the City Council to authorize shift differential pay for police officers who work a shift in which more than 50 percent of the time worked is after 6 p.m. and before 6 a.m. The amount of the shift differential pay must be established by ordinance and is in addition to the police officer's regular pay. Such ordinance may exceed the statutory time parameters. This ordinance updates the authorization for providing shift differential pay to eligible police personnel as provided by Resolution 1891 (1993), as amended, and the Personnel Rules and Regulations which provide for shift differential pay and which were effective prior to September 1, 2008. All full-time Civil Service Police Employees up through the rank of lieutenant are eligible for shift differential pay. Only eligible police employees working approved, assigned shifts will be paid shift differential. Only eligible police employees who work a defined shift in which more than 50 percent of its time worked is between the hours of 4 p.m. and 12 midnight shall receive shift differential pay of 3 percent of their hourly step rate of pay in addition to their hourly step rate of pay. Only eligible police employees who work a defined shift in which more than 50 percent of its time worked is between the hours of 12 midnight and 6 a.m. shall receive shift differential pay of 5 percent of their hourly step rate of pay in addition to their hourly step rate of pay. Police employees who work a shift in which more than 50 percent of its time worked is between the hours of 6 a.m. and 4 p.m. shall not receive shift pay. The Shift differential pay will only be paid for time worked and will not be paid to an employee for holiday pay or any type of leave pay. Shift differential pay shall not be paid to employees working under an emergency callback order. This ordinance does not create, by implication or otherwise, any new classified positions, vacancies or ranks within the Police Department. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City Logname: 35SHIFT DIFFERENTIAL Page I of 2 Funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for Cit~Manag_er's Office b~ Charles Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4231) Additional Information Contact: Monique Moore (4221) Logname: 35SHIFT DIFFERENTIAL Page 2 of 2