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HomeMy WebLinkAboutOrdinance 17849-10-2007ORDINANCE NO. 17849-10-2007 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE V, ENTITLED "HUMAN RESOURCES," OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, AMENDING SECTION 2-186 "POLITICAL ACTIVITIES" BY DELETING PROVISION PROHIBITING OFFICIERS AND EMPLOYEES FROM SOLICITING CONTRIBUTIONS FOR POLITICAL PURPOSES; DELETING PROVISION PROHIBITING OFFICERS OR EMPLOYEES FROM BEING AN OFFICER OF A POLITICAL PARTY; ADDING SECTION PROHIBITING CERTAIN EMPLOYEES FROM TAI~NG AN ACTIVE PART IN MUI~TYCIPAL CAMPAIGNS;. PROVIDING THAT OFFICERS AND EMPLOYEES CAN PUBLICLY .EXPRESS THEIR OPINIONS ON ALL POLITICAL SUBJECTS AND CANDIDATES UNLESS OTHERWISE PROHIBITED BY THIS SECTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ALL CONDITIONS PRECEDENT FOR THE ADOPTION OF THIS ORDINANCE CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth City Council ("City Council") adopted Ordinance No. 11921, and as codified as Chapter 2, Article V of the Code of the City of Fort Worth, collectively called "Human Resources"; and WHEREAS, the Human Resources Ordinance prohibited certain political activities by officers and employees of the City of Fort Worth; and WHEREAS, political activity by police off cers and firefighters are not governed by City rules, but by state law; and WHEREAS, the City Council desires to make the rules governing political activities more equitable for all employees. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: -1- SECTION 1. Chapter 2, Article V, Section 2-186, ("Political Activity") of the Code of the City of Fort Worth is amended by deleting Section (a) and substituting the following language in lieu thereof: (a) Officers or employees of the City may serve as an officer or member of a political party. Officers or employees of the City may not seek election to any public office or hold public office during their employment with the City. (b) Except as provided by Subsection (c), officers and employees of the City may solicit or receive subscription or contributions for any political party or for any political purpose while off duty. Officers and employees shall not be required to contribute to any political fund or person seeking a political office; and no person shall be removed, reduced in classification or salary, or otherwise prejudiced by refusing to do so. (c) The following officers and employees of the City are prohibited from taking an active part in any municipal elections: f. Department Heads; ii. Assistant City Managers; iii. City Attorney; iv. City Manager; Taking active part includes, but is not limited to, making a political speech, making financial contributions, distributing campaign literature, writing a letter, signing a petition, and actively seeking votes. (d) No officer or employee shall take an active part in another person's political campaign for an elective position while in uniform or on active duty. (e) Except as provided by subsection (c), nothing contained in this section shall affect the rights of officers and employees to support a political party, to act as a precinct chairperson, to vote as they choose in any election, to express their opinions on all political subjects and candidates, to publicly endorse candidates, to maintain political neutrality and to attend political meetings. This ordinance shall be cumulative of all ordinances of the City of Fort Worth, which shall remain in full force and effect except to the extent that provisions of this Ordinance are in direct conflict with the provisions of such other ordinances, in which case the conflicting provisions of such other ordinances are hereby repealed. -2- SECTION 4. If any provision, section, paragraph, sentence, clause or phrase of this ordinance be declared invalid or unconstitutional, the same shall not affect any other portion or provision hereof, and all other provisions shall remain valid and unaffected by any invalid portion if any, and the City Council now says that if it had known at the time of the passage of this ordinance that any portion of said ordinance was invalid, it would not have adopted such invalid ordinance. SECTION 5. The City Council fords that all acts, conditions and things required by provisions of the Constitution of Texas and Charter and Ordinances of the City of Fort Worth precedent to and in the adoption of this Ordinance have been done, have happened and have been performed in proper and lawful time. -3- SECTION 6. This ordinance shall be in full force and effect from and after its adoption. AND IT IS SO ORDAINED: ADOPTED: October 23 2007 APPROVED AS TO FORM AND LEGALITY: l C~ By: La itia Coleman Brown Assistant City Attorney -4- City of Fort Worth, 1°exas Mayor and Council Communication COUNCIL ACTION: Approved on 10/23/2007 -Ordinance No. 17849-10-2007 DATE: Tuesday, October 23, 2007 LOG NAME: 12POLITICAL ACT REFERENCE NO.: G-15940 SUBJECT: Adopt Ordinance to Amend Chapter 2, Article V, "Human Resources" to Delete Section that Prohibits Officers and Employees from Soliciting Contributions for Political Purposes, to Delete Section Prohibiting Officers and Members from being an Officer of a Political Party, Providing that Certain Employees are Prohibited from Taking an Active Part in Municipal Campaigns, and Providing that Officers and Employees can Publicly Express their Opinions on all Political Subjects and Candidates RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 2, Article V, "Human Resources" by amending Section 2-186 to allow officers and employees to solicit contributions for political purposes unless otherwise prohibited by this section, to allow officers and employees to serve as officers in political parties, to prohibit Department Heads, Assistant City Managers, the City Attorney, and the City Manager from taking an active part in municipal campaigns, to allow officers and employees to publicly express their political views unless otherwise prohibited by this section. DISCUSSION: State law, which governs the political activities of civil service employees, allow police officers and fire fighters to engage in a wide variety of political activities. The City Code has prohibited non-civil service employees from engaging in most of those political activities, even while off-duty. The attached ordinance seeks to make the rule governing political activities more equitable for all employees. FISCAL. INFORMATION/CERTIFICATION: The Finance Director certifies that this ordinance will have no material effect on City funds. TO Fund/AccountlCenters FROM Fund/Account/Centers Submitted for City Manager's Office by: Charles Boswell (8511) Originating Department Head: David Yett (7606) Additional Information Contact: Laetitia Brown (6639) Logname: 12POLITICAL ACT Page 1 of 1