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HomeMy WebLinkAboutOrdinance 19713-06-2011ORDINANCE NO. 19713-06-2011 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO ADD A NEW SECTION 27-35, ENTITLED "ASSIGNMENT PAY FOR OVERNIGHT DUTY CAPTAINS"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 143.042 of the Texas Local Government Code permits the City Council to authorize assignment pay for police officers performing specialized functions in their department; and WHEREAS, on July 31, 2010, the Police Department reorganized its patrol divisions, and as part of that reorganization, two Overnight Duty Captain positions were created to provide accountability and command presence during the overnight hours; and WHEREAS, Overnight Duty Captains perform specialized functions by maintaining responsibility for police patrol operations throughout the city and serving as authorized decision makers regarding critical incidents and resource deployments; and WHEREAS, the Police Department recommends authorization of assignment pay for Overnight Duty Captains by adding Section 27-35 to the Code of the City of Fort Worth; and WHEREAS, the City Council finds it advisable to adopt staffls recommendations. Page i of 3 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, (1986), as amended, is hereby revised by adding a new Section 27-35 to authorize assignment pay for Overnight Duty Captains and read as follows: Sec. 27-35. -Assignment Pay for Overnight Duty Captains. (a) The Police Chief may designate individuals from the classification of Captain for assignment to the duties of commanding Police Department patrol operations citywide between the hours of 6 p.m. and 6 a.m. Captains so assigned will perform the following functions for the department: (1) Plan, direct, supervise, and manage the overnight patrol operations of the Police Department citywide; and (2) Act as authorized decision makers regarding critical incidents and resource deployments; and (3) Represent the Police Department by exhibiting and providing competent technical knowledge and expertise in laws, regulations, ordinances, law enforcement, policing functions, and overall department patrol operations to both police personnel and the community; and (4) Perform other specialized duties as assigned by the Police Chief. (b) A Police Captain who has been designated in writing by the Police Chief to and does perform the above specialized functions during the designated work hours shall receive as assignment pay, in addition to that individual's regular pay, a sum equal to ten (10) percent of the base salary for the classification of Captain. "Base salary" shall be that amount as shown in the city's salary schedule for the current fiscal year. 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 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. APP AS ORM AND LEGALITY: By: ~ V i Assistant Ci ADOPTED: June 7, 2011 EFFECTNE: June 25, 2011 ~a~t 3 ~,r 3 M&C Review CITY COUNCIL AGENDA Page 1 of 2 Offiaal site of the City of Fort Worth, Texas FORT V~'ORTII _...~,~_ COUNCIL ACTION: Approved on 6/7/2011 -Ordinance No. 19713-06-2011 REFERENCE ** 35ASSIGNEMENT PAY FOR DATE: 6/7/2011 NO : G-17293 LOG NAME: NIGHT DUTY CAPTAINS CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Adopt Ordinance Amending Chapter 27, "Police" of the Fort Worth City Code to Add a New Section 27-35, to Establish Assignment Pay for Overnight Duty Captains RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 27, "Police" of the Fort Worth City Code by adding a new Section 27-35 entitled "Assignment Pay for Ovemight Duty Captains", to establish assignment pay for overnight duty captains who are designated in writing by the Chief of Police to perform the duties of commanding the Police Department patrol operations citywide between the hours of 6:00 p.m. and 6:00 a.m. 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 the assignment pay must be established by ordinance and is to be paid in addition to the police officer(s) regular pay. On July 31, 2010, the Police Department reorganized its patrol divisions. As part of that reorganization, two Overnight Duty Captain positions were created. These positions are necessary for accountability and command presence during the overnight hours. Overnight Duty Captains are responsible for police patrol operations throughout the City and are authorized decision makers regarding critical incidents and resource deployments. Their duties also include planning, directing, supervising and managing the overnight patrol operations and personnel of the Police Department; representing the Police Department by exhibiting and providing competent technical knowledge and expertise in laws, regulations, ordinances, law enforcement, policing functions and overall department patrol operations to both police personnel and the community; and performing other specialized duties as assigned by the Police Chief. Only Captains who (i) are designated in writing by the Chief to serve as Overnight Duty Captains between the hours of 6:00 p.m. and 6:00 a.m. and (ii) perform the specialized functions during the designated work hours shall receive this assignment pay. The assignment pay will be in addition to regular pay and will be a sum equal to 10 percent of the base salary for the classification of Captain. "Base salary" shall be that amount as shown in the city's salary schedule for the current fiscal year. The Police Department is requesting that the attached ordinance be adopted, effective June 25, 2011. 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 funds are available in the current budget, as appropriated, of the General Fund. TO Fund/AccountlCente_rs FROM_Fund/Accoun_tlCenters http://apps.cfwnea.org/council~acket/mc_review.asp?ID=15465&councildate=6/7/2011 6/9/2011 M&C Review Submitted for City Manag_er's Office by: Originating Department Head: Charles Daniels (6199) Jeffrey Halstead (4212) Additional Information Contact: Shallah Graham (4229) ATTACHMENTS 05 27 CLEAN night pay ord.doc Page 2 of 2 http://apps.cfwnet.org/council~acket/mc_review.asp?ID=15465&councildate=6/7/2011 6/9/2011