HomeMy WebLinkAboutOrdinance 19708-06-2011ORDINANCE NO. 19708-06-2011
AN ORDINANCE AMENDING SECTION 13-24 OF CHAPTER 13, "FIRE
APPOINTEES", OF THE CODE OF THE CITY OF FORT WORTH (AS
AMENDED); PROVIDING FOR THE CREATION OF FOUR DIVISION CHIEF
POSITIONS; ADJUSTING THE TOTAL NUMBER OF AUTHORIZED
POSITIONS AT EACH CLASSIFICATION (RANK) IN THE FIRE DEPARTMENT
FOR FISCAL YEAR 2010-2011; PROVIDING FOR ADOPTION BY
REFERENCE OF A STATEMENT OF INTENT AND PURPOSE IN ADOPTING
THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT HEREBY KNOWN:
WHEREAS, pursuant to the Collective Bargaining Agreement between the City of Fort
Worth and Fort Worth Professional Firefighters Association IAFF Local 440 effective April 13,
2010 (City Secretary Contract No. 40074) ("Contract"), the City of Fort Worth may establish a
new rank of Division Chief, and add up to six additional positions before the end of the fourth
year of the Contract;
WHEREAS, pursuant to Chapter 143.021(a), Texas Local Government Code, the City
Council may prescribe and/or adjust the authorized number of positions in each classification
(rank) by ordinance;
WHEREAS, the City Council desires to create a new classification of Division Chief,
prescribe the number of authorized positions in the classification at four, and increase the
authorized number of positions in the Fire Department by four;
WHEREAS, the City Council desires to amend Section 13-24 of Chapter 13, "Fire
Appointees", of the Code of the City of Fort Worth (as amended) to address the appointment of
individuals to the rank of Division Chief and to update the reference to applicable law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Section 13-24, of Chapter 13 of the Code of the City of Fort Worth (1986), as
amended, IS HEREBY further amended to delete Section 13-24(b) in its entirety and replace it
with the following, to read as follows:
(b) The fire chief shall have the authority to select and appoint up to four (4)
persons to the classification immediately below that of Deputy Chief and
immediately above that of Battalion Chief.
SECTION 2.
That Section 13-24, of Chapter 13 of the Code of the City of Fort Worth (1986), as
amended, IS HEREBY further amended to add Section 13.24(c), to read as follows:
(c) Each person appointed under this section shall serve at the pleasure of the
fire chief. Eligibility for appointment of and the protections afforded to
appointees hereunder shall be as set forth in Texas Local Government Code
143.014(g) and 143.014(h).
SECTION 3.
That, effective immediately upon the adoption of this ordinance, the following positions
shall be the only positions in each classification (rank) authorized in the City of Fort Worth Fire
Department for the remainder of the Fiscal Year 2010-2011, or until modified by subsequent
ordinance:
Deputy Chiefs 3
Division Chiefs 4 Addition of Four
Battalion Chiefs 24
Captains 86
Lieutenants 122
Engineers 201
Firefighters 468
TOTAL 908
SECTION 4.
The Mayor and Council Communication ("M & C") which is presented
contemporaneously with this ordinance is hereby expressly incorporated herein by reference for
further clarification and explanation of the purposes and intent of the Council in their adoption of
this ordinance.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City 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
effect 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
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incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 7.
This ordinance shall take effect upon passage.
APPROVED AS TO FORM AND LEGALITY:
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Date:
ADOPTED: June 7, 2011
EFFECTIVE: June 7, 2011
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2Q11 -Ordinance No. 19708-06-2011
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DATE: Tuesday, June 07, 2011
LOG NAME: 36DIVISION CHIEFS
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REFERENCE NO.: *"G-17288
SUBJECT:
Adopt Ordinance Authorizing the Amendment of Section 13-24 Fire Appointees, of the Code of the City of
Fort Worth, Providing for the Establishment of a New Rank of Division Chief, Increasing the Authorized
Positions of the Fire Department by Four and Creating Four Division Chief Positions
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance authorizing the amendment of
Section 13-24 Fire Appointees, of the Code of the City of Fort Worth, providing for the establishment of a
new rank of Division Chief, increasing the authorized positions of the Fire Department by four and creating
four Division Chief positions
DISCUSSION:
On April 13, 2010, (M&C C-24185) the City Council approved the Collective Bargaining Contract with the
Fort Worth Professional Firefighters Association, International Association of Fire Fighters Local 440.
Article 19, Section 1, entitled Promotions, New Classification provides that the City Council may establish
anew rank of Division Chief. The City Council may establish three Division Chief positions beginning in
the second year of the contract and three additional positions by the end of the fourth year of the contract.
The rank Division Chief falls below the rank of Deputy Chief and above the rank of Battalion Chief. The
position is exempt from competitive examination and will be filled by appointment by the Chief.
In order to plan for succession, establish a more optimum span of control and increase supervision in field
operations, three division chiefs will be assigned as shift commanders. Each shift commander will be
assigned to one of the three Fire Operations 24-hour shifts. The fourth division chief will be assigned to a
staff position responsible for special projects and administrative duties.
The Fire Department's authorized civil service strength is currently 904. Approval of the attached
ordinance would result in the following changes effective the first pay period after adoption of the
ordinance. (See table below)
Position
.Deputy Chief
Division Chief
'.Battalion Chief
_.
Captain
__ __
'Lieutenant
.Engineer
Firefighter
Total
Logname: 36DIVISION CHIEFS Page I of 2
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bx:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Charles Daniels (6199)
Rudy Jackson (6801)
Rudy Jackson (6801)
Logname: 36DIVISION CHIEFS Page 2 of 2