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HomeMy WebLinkAboutOrdinance 24422-09-2020 ORDINANCE NO. 24422-09-2020 AN ORDINANCE PRESCRIBING THE SALARY FOR EACH CLASSIFICATION OF PEACE OFFICER IN THE POLICE DEPARTMENT; 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, Subchapter B of Chapter 141 of the Texas Local Government Code affects all municipalities with a population of 10,000 or more; and WHEREAS, Section 141.033(a) provides that each city affected by Subchapter B "shall classify all positions in its fire and police departments and shall . . . prescribe the salary for each classification"; and WHEREAS, in accordance with Section 141.033 and Section 143.021(a), the City of Fort Worth periodically adopts staffing ordinances for its Fire and Police Departments that establish the classifications of all fire fighters and police officers and prescribe the number of positions in each classification; and WHEREAS, the City has historically prescribed the salary for each classification in the Fire and Police Departments through provisions in the City's annual budget appropriation ordinance; and WHEREAS, salaries for the majority of the classifications in the Police Department are currently set by and subject to a labor agreement, that agreement being Fort Worth City Secretary Contract No. 54366; and WHEREAS, annual adoption of a separate ordinance that prescribes the salaries for each classification, in accordance with a labor agreement where applicable, would improve transparency and promote awareness. Ordinance No. 24422-09-2020 Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. Attached as Addendum A, and made a part of this ordinance by incorporation, are the three alternative salary schedules for Fort Worth Police Department civil service classifications below the classification of Deputy Chief with the change in pay to apply beginning with the first full pay period after December 1, 2020 and the current schedule in Addendum A of Ordinance 23873-09-2019 to apply through that point. The difference in revenues from the Crime Control and Prevention District sales tax in the fourth quarter of 2020 (July - September) as compared to the same period for 2019 will determine which schedule applies. 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. The schedules set out the annual base pay for each listed civil service classification in the Fort Worth Police Department in accordance the department's labor agreement where applicable and provide for additional seniority pay as determined by each civil service employee's anniversary date. The seniority pay provided for in this ordinance is in addition to and not in lieu of the longevity pay provided for by Texas Local Government Code section 14I.032. Ordinance No. 24422-09-2020 Page 2 of 4 SECTION 2. Attached as Addendum B, and made a part of this ordinance by incorporation, are the executive pay plan ranges for Fort Worth Police Department classifications at or above the classification of Deputy Chief for the fiscal year beginning October 1, 2020. 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 salary 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. 24422-09-2020 Page 3 of 4 SECTION 5. That this ordinance shall be effective October 1, 2020, and it is so ordained. APPROVED AS TO ATTEST: FORM AND LEGALITY: for Ronald P.Gonzala5 for Ronald P.Gonzales(Sep 24,202010:16 CDT) Denis C. McElroy, Asst. City Attorney Mary J. Kayser, City Secretary ADOPTED: September 22, 2020 EFFECTIVE: October 1. 2020 �oF FoRr� * 2z texas e Ordinance No. 24422-09-2020 Page 4 of 4 O_ JP to H2 Q Wp .Ls� $ :Wi �F W3VJL � IJ VY 2 CAM �t .B � w 3 =_ It M I A Q 0 M V t� O �4-111 O O 00 iN Ol c M 00 M K h ri o r+ �, aM Q � � �y M en a " a � mmm� m en a � � ti rl r1 ti � ~ rl N 00 m m O+ O od W O1Yodcc n r LU h r w Q Oyr� C ~ M 00 00 .. Er a �' �" � 'J" ✓' � F} �� M O O O, A A m 0 z W G 0 Q v 0 o � 0 tea, U. L 0 � � LD ^ rirn � 00 N c-I U �p 00 ri 00 00 N E \ ri ri X y} N N N U. N N O1 Ln E 1� M '�t "':i 3 ` M 00 m r L Ln LD 'cl, Ln 1 C i/, G! T+ H OJ w L G! c c u N N H L O N Q u u N OJ OJ OJ O O O O a a 0_ a m 0 Z W Q 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 +6 248 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