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Home My WebLink AboutOrdinance 19711-06-2011ORDINANCE NO. 19711-06-2011 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO REVISE SECTION 27-24, "POLICE APPOINTEES," TO ADJUST THE APPOINTMENTS TO THE CLASSIFICATION OF DEPUTY CHIEF AND TO ADDRESS THE NEWLY CREATED CLASSIFICATION OF MAJOR; 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 M&C C-23176, which authorized the Meet and Confer Contract with the Fort Worth Police Officers Association ("Contract"); and WHEREAS, Article 15, Section 1 of the Contract states that all promotions to the classification of Deputy Chief (which is the classification immediately below that of department head) shall be exempt from competitive examinations, and instead shall be made by discretionary appointment of the Chief; and WHEREAS, Article 15, Section 2, of the Contract provides that the City Council may establish a new rank of Major, immediately below the classification of Deputy Chief and immediately above the classification of Captain, and reclassify existing positions in the classification of Captain into the newly created classification; and ~~~t i „r a WHEREAS, Article 15, Section 2 further provides that positions in the classification of Major shall be filled by appointment by the Chief; and WHEREAS, in Article 15, Section 2 the parties acknowledge and agree that "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"; and WHEREAS, the Police Department recommends amending Section 27-24 to the Code of the City of Fort Worth; and WHEREAS, the City Council finds it advisable to adopt staff's 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, (1986), as amended, is hereby revised to adjust the classification immediately below that of Police Chief and to address the new rank of Major and shall read as follows: Sec. 27-24. Police Appointees. (a) Classification Immediately Below that of Department Head (Deputy Chiefs). (1) The police chief shall have the authority to select and appoint up to three (3) persons to the classification immediately below that of police chief, to be referred to as the classification of Deputy Chief. (2) Each person appointed under Section 27-24(a) shall serve at the pleasure of the police chief and without civil service protection. Eligibility for appointment and the rights of appointees hereunder shall be in accordance with Section 143.014 of the Texas Local Government Code. Page 2 of 4 (b) Majors. (1) The police chief shall have the authority to select and appoint up to five (5) persons to the classification immediately below that of Deputy Chief, to be referred to as the classification of Major. (2) Each person appointed under Section 27-24(b)(1) shall serve at the pleasure of the police chief and without civil service protection. Eligibility for appointment and the rights of appointees hereunder shall be in accordance with the then-current Meet and Confer Agreement between the City of Fort Worth and the Police Officers Association, as allowed by Texas Local Government Code Section 143.307. SECTION 2. The remainder 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, (1986), as amended, except where the provisions of this ordinance are in 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. SECTION 4. 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 Page 3 of 4 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 be effective as of June 25, 2011. APPRO ED AST FORM AND LEGALITY: ~ti ~~ By: Assistant Ci ttorney ADOPTED: June 7.2011 EFFECTNE: June 25, 2011 M&C Review CITY COUNCIL AGENDA Page 1 of 1 On~CI31 j.~2 OP {h~ .~Ify of f-;ift 'l. ."I', l i'xn5 FORT ~'4'ORTI I _~-~ COUNCIL ACTION: Approved on 6/7/2011 -Ordinance No. 19711-06-2011 DATE: 6/7/2011 REFERENCE NO.: ""G-17291 LOG NAME: 35POLICE APPOINTEES CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Adopt Ordinance Amending Section 27-24, "Police Appointees" of the Fort Worth City Code to Adjust the Appointments to the Classification of Deputy Chief and to Address the Newly Created Classification of Major RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance amending Section 27-24, "Police Appointees" of the Fort Worth City Code to adjust the appointments to the classification of Deputy Chief and to address the newly created classification of Major. DISCUSSION: 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. On November 11, 2008, (M&C C-23176) the City Council approved the Meet and Confer Agreement with the Fort Worth Police Officers Association. Article 15, Section 1 of the contract is entitled "Deputy Chief Classification" and states that all promotions to the classification of Deputy Chief shall be exempt from competitive examinations, and instead shall be made by discretionary appointment of the Chief. Article 15, Section 2 of the contract, entitled "Additional Classification," provides that the City Council may establish a new classification of Major and reclassify five existing Captain positions into the new classification. The Agreement provides that the classification of Major shall be filled by appointment by the Chief. The Police Department is requesting that the City Council adopt the attached ordinance, which would amend Section 27-24 to include language establishing the new classification of Major effective June 25, 2011. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b~ Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Charles Daniels (6199) Jeffrey W. Halstead (4212) Shallah Graham (4229) ATTACHMENTS U`i 27 CLEAN ~~clicF; apE;ointE>es nrd hi,c http://apps.cfwnet.org/council~acket/mc_review.asp?ID=15462&councildate=6/7/2011 6/9/2011