HomeMy WebLinkAboutOrdinance 25227-12-2021 ORDINANCE NO.25227-12-2021
AN ORDINANCE REALLOCATING APPROPRIATIONS IN THE GENERAL
FUND BY DECREASING THE GENERAL OPERATING AND MAINTENANCE
CATEGORY IN NON- DEPARTMENTAL BY $167,000.00, AND INCREASING
THE SALARIES AND BENEFITS CATEGORY IN CITY MANAGERS OFFICE
BY THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING COSTS OF
CITY CONTRIBUTIONS FOR CITY COUNCIL AIDES/DIRECTORS WHO
BECOME PARTICIPATING MEMBERS OF THE RETIREMENT FUND, WITH
SUCH AMOUNT SUBJECT TO REDUCTION TO CONFORM TO FINAL
FIGURES CALCULATED AFTER INDIVIDUALS HAVE MADE THEIR
ELECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS:
SECTION 1.
That the budget of the City of Fort Worth for Fiscal Year 2021-2022, as enacted by Ordinance 25073-09-
2021, as amended, is hereby further amended to make the following adjustments in the General Fund for the
purpose of funding costs of city contributions for the City Council Aides/Directors who become
participating members of the Retirement Fund: decrease the General Operating and Maintenance category
of Non-Departmental by$167,000.00, and increase the Salaries and Benefits category in City Manager's
Office by the same amount,with the amount subject to reduction to conform to the final figures calculated
after all individuals have made their elections,.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction,such decision,opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shallbe and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 25073-09-2021 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations,in which instance said conflicting provisions
ofsaid prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
Jannette S.Goodall(Jan 21,2022 13:07 CS •'•�O y
Sr. Assistant City Attorney Jannette S. Goodall U ;�
ADOPTED AND EFFECTIVE:December 14,2021
�S
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/14/21 M&C FILE NUMBER: M&C 21-0964
LOG NAME: 14COUNCILAIDETRANSITION
SUBJECT
(ALL)Adopt Attached Ordinances Regarding the Transition of Council Aide/District Director Positions to Pensionable Employment Positions by
Amending Chapter 2.5"Retirement"and Section 2-180,"Coverage of the System,"of the City Code and by Reallocating Appropriations in the
General Fund Up to$167,000.00 for City Retirement Fund Contribution Costs
RECOMMENDATION:
It is recommended that the City Council:
1.Adopt the attached ordinance revising the"Retirement"chapter of the City Code by amending section 2.5-2 to address council aide positions
becoming members of the retirement plan and to provide a one-time,irrevocable election allowing those currently serving in such positions to
remain in their current position and status, ineligible for the retirement plan;
2. Adopt the attached ordinance amending Section 2-180 of the Human Resources Article of Chapter 2 of the City Code to provide that City
Council Aides/District Directors do not have rights to administrative appeal from adverse employment actions and to make non-substantive
changes to enhance clarity;and
3.Adopt the attached ordinance reallocating appropriations in the General Fund for the purpose of funding costs of city contributions for the City
Council Aides/District Directors who become participating members of the Retirement Fund by decreasing the General Operating and
Maintenance category of Non-Departmental up to$167,000.00 and increasing the Salaries and Benefits category in City Manager's Office by the
same amount,with the amount of appropriation subject to the final figures calculated after all individuals have made their elections.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C)is to take actions associated with the position of Council Aide/District Director
being reconstituted as a pension-eligible regular full-time employment position.
Historically,individuals serving in the position of City Council Aide/District Director have been hired, disciplined,and fired directly by the
Councilmember and have not been considered regular full-time employees and as a result have not been eligible to participate in the Employees
Retirement Fund (the Fund). The aides/directors have instead participated in the City of Fort Worth's(City)FICA-alternative program,which
consists of employee contributions to a third-party administrator into a 401(a)plan,from which participants will receive payment in retirement.
Because all regular full-time employees are members of the Fund,the City has not been a general participant in Social Security since 1945.
The City Council recently requested that the City Manager evaluate the transition of the aide/director position to a pension-eligible position with the
accompanying benefits afforded to regular,full-time general City employees. Some individuals, particularly those who have been serving in the
aide/director position for a number of years, have expressed concerns with being required to join the Fund at a late date and wish to instead
continue participating in the City's 401(a)FICA-Alternative Plan.
All currently serving aides/directors will be given a one-time option to transition to a regular,full-time general employee as described in more detail
below.Those that opt not to transition to regular,full-time employment will remain in their current position and status,ineligible to participate in the
Fund.All future aides/directors will be hired into regular,full-time positions eligible for and required to participate in the Fund.
Adoption of the first attached ordinance would revise the Retirement Fund Chapter of the City Code by amending section 2.5-2. The ordinance
would provide a one-time,irrevocable election that allows an individual currently serving in a non-pension-eligible position that is being eliminated
and replaced with a regular,full-time,pension eligible position to not become a member of the Fund so long as certain identified criteria are all
met.
Two of the key requirements are that the pre-tax employee contributions under either option(pension or FICA alternative)are the same and that an
election must be made before the first date for which contributions under the Fund are scheduled to be made. These requirements are needed to
comply with IRS (Internal Revenue Service)regulations and guidance regarding pre-tax retirement contributions.
As currently proposed,the new aide/director pension-eligible position would"come online"on January 1,2022,which is the beginning of pay
period 2 for calendar year 2022,and Fund contributions will be made for all service rendered to the City on or after that date. Each individual must
make his or her election no later than December 30,2021,which is the last City business day before the date on which the change in status will
otherwise take effect.
The election is irrevocable,and any individual who opts not to become a regular,full-time employee would be required to continue participating in
the FICA-alternative program with contributions at the same rate as those made to the Fund. Any individual who fails to make an election or
whose attempted election does not fully comply with the criteria will automatically become a member of the Fund as of January 1,2022. The City's
Human Resources Department has had on-going discussions with the affected individuals and will continue to assist them with information to
make an informed decision.
In accordance with state law,any individual who begins working as an aide/director on or after January 1,2022,will automatically become a
participating member of the Fund on the date of the person's employment with the City.
Note—Individuals who become participating members of the Fund will pay an employee contribution for compensation attributable to service on or
after January 1,2022. The City intends to"pick up"the contribution amount and treat it as an employer contribution payable on a pre-tax basis,
reducing participants'taxable income. Complying with tax law restrictions requires that the election not to participate in the Fund be made in
advance and precludes an election being made after the"pick up"of these contributions begins on January 1,2022. Because the City is closed
on December 31,2021,in observance of the New Year's Day holiday,elections must be made by 5:OOpm on December 30,2021.
Because of the unique nature a Council Aide/District Director serves as an assistant and envoy for his or her employing Councilmember,they
would continue to be hired,disciplined,and fired at the discretion of their individual Councilmember as has historically been the case. To
memorialize this understanding,it is recommended the City Council adopt the second attached ordinance,which amends section 2-180 of the
Human Resources article of the City Code to provide that City Council Aides/District Directors do not have rights to administrative appeal from
adverse employment actions. In reviewing Section 2-180 to make this clarification,the City Attorney's Office noted that this provision would benefit
from non-substantive restructuring to enhance clarity and recommends making revisions as noted in the attached.
When this change goes into effect on January 1,2022,the approved position(AP)count reflected in the adopted budget will be increased by nine.
The per-employee cost is higher for someone who is participating in the Fund than for an individual in the FICA-Altemative Program.The third
attached ordinance would reallocate receipts and appropriations in the General Fund by reducing Non-Departmental by$167,000.00 and
increasing City Manager's Office by that same amount. This amount represents the maximum additional cost that would occur if all nine existing
aides become participating members in the Fund. Because it is anticipated that some individuals may opt to remain outside the Fund,the actual
amount that is needed may be lower.Therefore,the attached appropriation ordinance includes language that would reduce the appropriation
amount to the actual cost,which will be calculated after all of the impacted individuals have made their election.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
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 funds are currently available in the General Operating and Maintenance category within the General Fund and
upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the Salary&
Benefits category within the General Fund. Prior to an expenditure being incurred,the City Manager Department has the responsibility of verifying
the availability of funds.
Submitted for City Manager's Office by: Jay Chapa 5804
Originating Business Unit Head: Dianna Giordano 7783
Nathan Gregory 7847
Additional Information Contact:
Expedited