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HomeMy WebLinkAboutOrdinance 24421-09-2020 ORDINANCE NO. 24421-09-2020 AN ORDINANCE ADJUSTING THE TOTAL NUMBER OF AUTHORIZED SWORN POSITIONS IN THE POLICE DEPARTMENT BY ADDING TEN POSITIONS IN THE CLASSIFICATION OF POLICE OFFICER,ADDING SIX POSITIONS IN THE CLASSIFICATION OF CORPORAL/DETECTIVE, AND ADDING ONE POSITION IN THE CLASSIFICATION OF SERGEANT, EFFECTIVE OCTOBER 1, 2020; PROVIDING A STATEMENT OF PURPOSE AND INTENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING ORDINANCES; 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 September 24, 2019, the City Council adopted Ordinance 23872- 09-2019, which established the Police Department's sworn personnel staffing levels, effective October 1, 2019, as follows: Assistant Chief 3 Deputy Chief 5 Commander 6 Captain 17 Lieutenant 50 Sergeant 196 Corporal/Detective 242 Police Officer 1,193 Total 1,712; and WHEREAS, the recently approved Meet and Confer Labor Agreement (CFW Contract Number 54366) calls for the creation of one additional position to accommodate the President of the Fort Worth Police Officers Association(POA),allowing the individual in that position to conduct union business using donated leave hours while simultaneously ensuring that the department retains a full complement of authorized positions to conduct police business; and Ordinance No. 24421-09-2020 Page 1 of 4 WHEREAS, the current POA President serves in the'rank of sergeant and an additional position in that classification must be created,with the understanding that such position is intended, through subsequent ordinances, to be eliminated and replaced with another position in the appropriate classification as the current President changes ranks or when another individual, serving in a different rank, assumes such role; and WHEREAS, the Police Chief has requested that the City Council increase the number of authorized positions within the existing classification of Police Officer by ten (10) and within the existing classification of Corporal/Detective by six (6), effective October 1, 2020, to reflect the Civil Service staffing included in the Fiscal Year 2021 Budget to provide thirteen positions (seven police officers and six corporals/detectives) associated with the COPS hiring grant and to provide three additional School Resource Officers for Crowley ISD and Eagle Mountain Saginaw ISD, 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. 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 October 1, 2020, until modified by subsequent ordinance: Assistant Chief 3 Deputy Chief 5 Commander 6 Captain 17 Lieutenant 50 Sergeant 197 Corporal/Detective 248 Ordinance No. 24421-09-2020 Page 2 of 4 Police Officer 1,203 Total 1,729 SECTION 2. That 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. That this ordinance shall be cumulative of all provisions of previous ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of prior police 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. That 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. Ordinance No. 24421-09-2020 Page 3 of 4 SECTION 5. That this ordinance shall be effective October 1, 2020, with respect to the addition of seventeen (17) positions included in the adopted budget as reflected above, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ATTEST: ('14/ for Ronald P.Gonaaies for Ronald P.Gonzales(Sep)4.. )0 10:16 CDT) Denis McElroy, Asst. City Attorney Mary J. Kayser, City Secretary ADOPTED: September 22,2020 EFFECTIVE: October 1, 2020 (!D Ordinance No. 24421-09-2020 Page 4 of 4 City of Fort Worth,Texas Mayor and Council Communication DATE: 09/22/20 M&C FILE NUMBER: M&C 20-0679 LOG NAME: 03POLICE FY2021 STAFFING ORDINANCE SUBJECT (ALL)Adopt Ordinance Amending Police Department Staffing Effective October 1,2020,to Increase the Number of Authorized Civil Service Positions in Specified Classifications by a Total of Seventeen to Reflect Changes Included in the Fiscal Year 2021 Budget and Adopt Ordinance Prescribing Salaries for the Police Department RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance to reflect Civil Service staffing in the Police Department;and 2. Adopt the attached ordinance prescribing the salaries for all peace officers in the Police Department effective October 1,2020. DISCUSSION: The purpose of this Mayor and Council Communication (M&C)and the attached ordinances is to take actions to effect the recently adopted Fiscal Year 2021 Budget for the Police Department and to address changes called for under the recently executed Meet and Confer Labor Agreement (M&C 20-0356;CFW Contract Number 54366)(MCA). Adoption of the first ordinance will revise Civil Service Staffing in the Police Department to reflect Civil Service Staffing included in the MCA and the City's adopted Fiscal Year 2021 Budget. Approval of this M&C will add a total of seventeen Civil Service positions in the Police Department. Thirteen positions(seven Police Officers and six Detectives)are added as part of the COPS Hiring Grant Program,and three Officers are added as School Resource Officers for Crowley ISD and Eagle Mountain Saginaw ISD. The seventeenth position is created in accordance with the MCA. In the contract the City agreed to create one additional position to accommodate the President of the Fort Worth Police Officers Association(POA)in order to allow the individual serving in that role to conduct union business using donated leave hours without reducing the full complement of authorized positions available to conduct police business. Because the current POA President serves in the rank of sergeant,an additional position is being created in that classification with the understanding that such position is intended,through subsequent ordinances,to be eliminated and replaced with another position in the appropriate classification as the current President changes ranks or when another individual,serving in a different rank,assumes such role. Approval of the first attached ordinance would result in new authorized civil service staffing levels to be effective October 1,2020,as follows FY2020 FY2021 Position Authorized Change Authorized Positions Positions Assistant Chief 3 0 3 Deputy Chief 5 0 5 Commander 6 0 6 Captain 17 0 17 Lieutenant 50 0 50 Sergeant 196 +1 197 Corporal/Detective 242 +61 248 Police Officer 1193 +101 1203 Total 1712 +171 1729 NOTE: The COPS Hiring Grant Program(M&C 20-0505)requires the thirteen positions added in FY2021 be maintained for a minimum of twelve- months following the three-year grant period. Adoption of the second ordinance would prescribe the salaries for each classification of peace officer in the Police Department in accordance with state law and the adopted labor agreement. Under the terms of the MCA,there are three(3)salary schedule alternatives(A, B,and C)for the tested ranks(Police Officer through Captain). The difference in revenues from the Crime Control and Prevention District sales tax in the fourth quarter(July-September)of 2020 versus 2019 will determine which alternative applies beginning with FY2021 and throughout the remainder of the contract. If the revenue reduction is between 0%and 5%,Schedule A will apply. Schedule B applies if the difference in revenues is between 5%and 10%. If the reduction in revenues is greater than 10%,then Schedule C applies. Although the salary ordinance will become effective at the beginning of the fiscal year,the salary changes for FY2021 for the tested ranks will take effect beginning with the first full pay period after December 1,2020. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that the adopted Fiscal Year 2021 Budget,as appropriated,includes funds for the added thirteen positions in the General Fund and three positions in the Crime Control and Prevention District Fund and with costs associated with the POA President position to be covered from savings in other line items. Submitted for City Manager's Office by: Fernando Costa 8180 Originating Business Unit Head: Mark McAvoy 6222 Additional Information Contact: Terry Hanson 7934