HomeMy WebLinkAboutOrdinance 19712-06-2011ORDINANCE NO. 19712-06-2011
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED, TO REPEAL SECTION 27-
30, "ASSIGNMENT PAY FOR CAPTAINS OF FIELD
OPERATIONS DIVISIONS"; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on March 12, 1992, the City Council adopted Ordinance 11045-03-
1992, which enacted section 27-30, entitled "Assignment pay for captains of field
operations divisions," which provided for assignment pay for Captains of Field
Operations Divisions; and
WHEREAS, on November 11, 2008, the City Council approved M&C C-23176,
which authorized the Meet and Confer Agreement with the Fort Worth Police Officers
Association ("Contract"); and
WHEREAS, Article 15, Section 2, "Additional Classification," of the Contract,
provides that the City Council may establish a new classification (rank) of Major and
reclassify existing positions in the classification of Captain; and
WHEREAS, the Contract further provides that "[u]pon the City Council's
establishment of at least five (5) major positions, the existing assignment pay for
Captains of Field Operations Divisions maybe discontinued;" and
WHEREAS, the City Council has voted to establish the classification of Major
and to authorize five positions within that classification; and
WHEREAS, the Police Department recommends discontinuation of the
assignment pay for Captains of Field Operations Divisions by repealing Section 27-30;
and
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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.
The title and the entire contents of Section 27-30, entitled "Assignment pay for
captains of field operations divisions," adopted March 12, 1992, is hereby repealed.
SECTION 2.
The remainder of Chapter 27 of the Code of the City of Fort Worth, (1986), as
amended, entitled "Police," 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are hereby repealed.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
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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 be effective as of June 25, 2011.
APPR VED^ AS O FORM AND LEGALITY:
I ~~
~~
By:
Attorney
ADOPTED: June 7, 2011
EFFECTNE: June 25, 2011
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M&C Review
CITY COUNCIL AGENDA
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Of'~cial s~[e of Itir City of Fort VJoril~~, Texas
FORT ~'4'ORTFI
~r
COUNCIL ACTION: Approved on 6/7/2011 -Ordinance No. 19712-06-2011
REFERENCE ** 35REPEALING ASSIGNMENT PAY
DATE: 6/7/2011 NO : G-17292 LOG NAME: FOR FIELD CAPTAINS
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Adopt Ordinance Repealing Section 27-30, "Assignment Pay for Captains of Field
Operations Divisions" of the Fort Worth City Code
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance repealing Section 27-30,
"Assignment Pay for Captains of Field Operations Divisions" of the Fort Worth City Code, which established
assignment pay for Field Operations Division Captains in addition to the police officer's regular pay.
DISCUSSION:
Section 143.042 of the Local Government Code permits the City Council to authorize assignment pay for
police officers performing specialized functions in their department. The amount of assignment pay must be
established by ordinance and is to be paid in addition to the police officer's regular pay.
On March 12, 1992, (M&C G-9551) (Ordinance Number 11045) the City Council approved an amendment
to Chapter 27 of the Code of the City of Fort Worth, Texas (1986), as amended, adding section 27-30 which
provided for the payment of assignment pay for those holding Captain positions who are assigned by the
Chief of Police to the duties of commanding a Field Operation Division.
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 classification of Major and reclassify
five existing Captain positions into the newly created classification. That section also provides that "[u]pon
the City Council's establishment of at least five major positions, the existing assignment pay for Captains of
Field Operations Divisions may be discontinued."
In an M&C and ordinance approved earlier this evening, the Fort Worth City Council authorized the
establishment of the classification of Major and reclassified five Captains positions into the new rank. With
the City Council's establishment of five Major positions, the existing assignment pay for Captains of Field
Operations Divisions can now be discontinued.
The Police Department is requesting that Section 27-30 be repealed effective June 25, 2011, and that the
10 percent assignment pay for Captains of Field Operations Divisions be discontinued at that time.
This ordinance does not create, by implication or otherwise, any new classified positions, vacancies or
classifications within the Police Department.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will result in a budgetary savings to
the General Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
http://apps. cfwnet.org/council~acket/mc_review. asp?ID=15464&councildate=6/7/2011 6/9/2011
M&C Review
Submitted for City Manager's Office bv:
Originating Department Head:
Charles Daniels (6199)
Jeffrey W. Halstead (4212)
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Additional Information Contact: Shallah Graham (4229)
ATTACHMENTS
05.27 CLEAN ordinance repealing field op assignment pay.DOC
http://apps.cfwnet.org/council~acket/mc_review.asp?ID=15464&councildate=6/7/2011 6/9/2011