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HomeMy WebLinkAboutOrdinance 19710-06-2011ORDINANCE NO. 19710-06-2011 AN ORDINANCE ADDING FIVE POSITIONS IN THE CLASSIFICATION OF CAPTAIN; ESTABLISHING THE NEW CLASSIFICATION OF MAJOR; CREATING FIVE POSITIONS IN THE CLASSIFICATION OF MAJOR BY RECLASSIFYING FIVE EXISTING CAPTAIN POSITIONS; REDUCING TWO POSITIONS IN THE CLASSIFICATION OF DEPUTY CHIEF; ADDING ONE POSITION IN THE CLASSIFICATION OF SERGEANT; ADDING TWO POSITIONS IN THE CLASSIFICATION OF OFFICER; 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; 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 April 20, 2010, the City Council adopted Ordinance 19116-04- 2010, which established the Police Department's sworn personnel staffing levels, effective Apri120, 2010, as follows: Deputy Chief 5 Captain 13 Lieutenant 46 Sergeant 161 Corporal/Detective 212 Police Officer 1,118 Total 1,555; and WHEREAS, the Police Chief has requested that the City Council create a new classification, readjust the number of authorized positions within existing classifications, and thereafter 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. 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 sworn positions in each classification (rank) authorized in the City of Fort Worth Police Department effective June 25, 2011 until modified by subsequent ordinance: Deputy Chief 3 Major 5 Captain 13 Lieutenant 46 Sergeant 162 Corporal/Detective 212 Police Officer 1,120 Total 1,561 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 (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of prior police Page 2 of 3 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. SECTION 4. 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 on June 25, 2011. APPROVED A TO FORM AND LEGALITY: ~~ ~ t Assista t City A o ey Date: ~~(~ ~Z C~l I ADOPTED: June 7, 2011 EFFECTIVE: June 25, 201 1 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/7/2011 -Ordinance No. 19710-06-2011 DATE: Tuesday, June 07, 2011 REFERENCE NO.: '"`G-17290 LOG NAME: 35STAFFING ORDINANCE SUBJECT: Adopt Ordinance Prescribing the Number of Authorized Sworn Positions in Each Classification in the Police Department, Increasing the Number of Authorized Captain Positions by Five, Establishing the Classification of Major and Reclassifying Five Captain Positions into that Rank, Decreasing the Number of Authorized Deputy Chief Positions by Two, Increasing the Number of Authorized Sergeant Positions by One, and Increasing the Number of Authorized Officer Positions by Two, Thereby Increasing the Total Number of Authorized Sworn Positions in the Police Department by Six and Authorize the Creation of a New Civilian Position of Program Support Manager to Oversee the New Program Support Division RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance prescribing the number of authorized sworn positions in each classification in the Police Department, increasing the number of authorized Captain positions by five, establishing the classification of Major and reclassifying five Captain positions into that rank, decreasing the number of authorized Deputy Chief positions by two, increasing the number of authorized Sergeant positions by one, increasing the number of authorized Officer positions by two, thereby increasing the total number of authorized sworn positions in the Police Department by six; and 2. Authorize the creation of a new civilian position of Program Support Manager to Oversee the New Program Support Division. DISCUSSION: On November 11, 2008, (M&C C-23176) the City Council approved the Meet and Confer Contract with the Fort Worth Police Officers Association. Article 15, Section 2 of the contract is entitled "Additional Classification" and provides that the City Council may establish a new rank of Major and reclassify five existing Captain positions into the newly created classification. The Contract requires that in order to have the right to fill the Major positions, the City Council must establish at least one additional authorized position in the classification of Captain during each fiscal year of the Contract. The City is currently in the third fiscal year of the Contract, and therefore three Captain positions must be established. The fourth and fifth Captain positions are being created to address operational needs and departmental growth. On April 20, 2010, the City Council adopted its most recent authorized staffing ordinance for the Police Department (Ordinance Number 19116-04-2010), which increased the number of authorized positions in the corporal/detective classification by two, prescribed the total number of authorized positions for each classification of sworn personnel, and provided for a total authorized strength of 1,555 positions. In the FY 2011 Budget, an Improvement Package was approved to support Police Department command staff realignment. The ultimate goal of the staff realignment is to increase supervision, allowing the Police Department to work in closer alliance with the community, foster accountability, strengthen patrol and Logname: 35STAFFING ORDINANCE Page 1 of 3 increase police presence. Adding the Major positions will allow the Police Department to increase the number of command staff members overseeing operations and support the City's commitment to ensuring public safety and accountability. The Police Department is requesting that the City Council make the following changes to the classifications and to the number of positions within the classification in order to effectuate the proposed command staff realignment: . Increase the number of authorized positions in the Captain classification by five; . Establish the rank of Major and authorize the reclassification of five Captain positions into the newly created classification, which falls immediately below the rank of Deputy Chief and immediately above the rank of Captain. The position is exempt from competitive examination and will be filled by appointment by the Chief; . Decrease the number of authorized positions in the Deputy Chief classification by two; . Increase the number of authorized positions in the Sergeant rank by one; and . Increase the number of authorized positions in the Officer classification by two. The above changes will result in a total of six additional sworn positions being added to the Police Department's authorized strength. The Police Department's authorized strength is currently 1,555. Approval of the attached ordinance would result in new authorized staffing levels/authorized positions effective June 25, 2011 for each classification of sworn personnel as follows: Current Authorized Authorized Staffing Position Staffing Levels Deputy Chief 5 3 Major 0 5 Captain 13 13 Lieutenant 46 46 Sergeant 161 162 Corporal/Detective 212 212 Officer 1,118 1,120 TOTAL 1,555 1,561 In entering into the Meet and Confer Agreement, the City and Police Officers Association agreed to Article 15, Section 2, which acknowledges that the "compensation rate for the rank of major and above is not controlled by [Texas Local Government Code §] 143.041 and 141.033 and will be set according to the City's annual compensation plan, as approved by the City Council." In connection with the reduction in the number of Deputy Chiefs and the associated increase in responsibility for the remaining positions assigned to the classification, the Police Department is recommending that the Deputy Chief classification be reassigned from the current 305 Pay Grade ($88,608.00 to $146,203.00) up to the 307 Pay Grade ($100,984.00 to $166,629.00). The 307 Pay Grade is the one that is generally used for general employees in the classification of "Deputy Department Director." In addition, the department is recommending that the newly created classification of Major be assigned to the 106 Pay Grade ($93,038.00 to $156,663.00), which is 8.5 percent lower than the 307 Pay Grade being proposed for the Deputy Chief classification. Note that the ranges for these and for all Pay Grades are periodically adjusted to take into account actions such as across-the-board pay raises that are approved by the City Council. Finally, the Police Department will be creating a new unit called the Program Support Division under the command of the Chief of Staff. The new division will provide operation and program support, including contract and grant administration, police planning, and facilities management. The Department is requesting to add a new civilian manager position to oversee the new unit. Salary for the new position will Logname: 35STAFFING ORDINANCE Page 2 of 3 be paid using savings from other budgeted civilian positions that have remained unfilled. 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 FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv• Originating Department Head• Additional Information Contact: Charles Daniels (6199) Jeffrey W. Halstead (4212) Shallah Graham (4229) Logname: 35STAFFING ORDINANCE Page 3 of 3