HomeMy WebLinkAboutOrdinance 20677-03-2013 ORDINANCE NO. 20677-03-2013
AN ORDINANCE ESTABLISHING THE TERMS AND CONDITIONS OF
COMPENSATION PAY AND BENEFITS FOR THE APPOINTED RANK OF DEPUTY
CHIEF IN THE FORT WORTH POLICE DEPARTMENT; PROVIDING FOR
EQUIVALANCY OF CERTAIN PAY AND BENEFITS TO THOSE PROVIDED TO
OFFICERS COVERED BY THE MEET & CONFER AGREEMENT; RECOGNIZING
THE RIGHT OF THE APPOINTED RANK TO RESTORATION OF THEIR FORMER
CIVIL SERVICE POSITION AND CONTRACTUAL ENTITLEMENT IN THE EVENT
OF REMOVAL, RESIGNATION, OR DEMOTION FROM THEIR APPOINTED
RANKS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, The City of Fort Worth City Council on November 16, 2006 by Resolution
adopted the Meet and Confer process established by 143.304 of the Texas Local Government
Code; and
WHEREAS, the City of Fort Worth has previously entered into a Meet and Confer
Agreement with the Fort Worth Police Officer Association on November 11, 2008; and
WHEREAS, the parties have negotiated a successor agreement to become effective upon
execution by the President of the Fort Worth Police Officers Association and the City Manager;
and
WHEREAS, under the successor agreement, the rank of Deputy Chief is recognized and
established, as the rank fonnerly titled "Major" in the Meet and Confer Agreement, which is
immediately below the rank of Assistant Chief and immediately above the rank of Captain, and
other related provisions concerning that appointed rank are set forth in the successor Meet and
Confer Agreement; and
WHEREAS, the successor Meet and Confer Agreement provides that the rank of Deputy
Chief is to be appointed by the Chief of Police, to serve at the Chief of Police's discretion and
further provides that the officers holding those appointed positions are excluded from the
bargaining unit; and therefore, it being necessary to establish and provide for the pay and
benefits for such rank, this Ordinance is hereby established and adopted.
Be it ordained by the City Council of the City of Fort Worth, Texas that:
1. Each Deputy Chief shall be appointed by the Chief of Police, and shall serve at
the pleasure and discretion of the Chief of Police.
2. Each Deputy Chief shall receive as compensation an amount established in the
City's executive pay plan in accordance with the City's Personnel Rules and
Regulations, consistent with the budget annually adopted by the City Council for
the City of Fort Worth.
3. All Deputy Chiefs shall. be entitled to receive the additional components of pay or
other compensation as required by law, a City Ordinance, or the City's Personnel
Rules and Regulations.
Ordinance No. 20677-03-2013
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4. All Deputy Chiefs shall be exempt from the payment or collection of overtime
compensation except in emergency situations as set out in the general orders.
5. All Deputy Chiefs shall be entitled to accrue compensatory time up to a maximum
accrual of two hundred forty(240) hours.
6. The Meet and Confer Agreement does not establish any right to pay or benefits
for Deputy Chiefs. Pay and benefits for those individuals are established by the
City Personnel Rules and Regulations, the annual budget approved by the City
Council, and this Ordinance.
7. Each Deputy Chief shall be entitled to the leave accruals, health benefits, and
health insurance coverage equivalent to the coverage applicable to all other
members of the bargaining unit. Each Deputy Chief shall be entitled to pension
benefits applicable to other members of the bargaining unit and the rules and
regulations established by the Pension Board and other City Ordinances.
8. If during the term of the successor Meet and Confer Agreement, a Deputy Chief is
demoted or reassigned to a position that is within the bargaining unit, the person
shall be returned to the last tested rank that he or she held immediately before he
or she first was appointed to a position outside the bargaining unit. If the person is
involuntarily demoted for disciplinary reasons, his or her seniority will be
determined by the effective date of the demotion. If the person is demoted or
reassigned for other than disciplinary reasons, his or her seniority shall be
determined by the date on which he or she was first appointed to the prior lower
classification as if he or she continuously served in that rank.
9. If during the term of the successor Meet and Confer Agreement, a Deputy Chief is
demoted or reassigned to a position that is within the bargaining unit, the person
shall additionally enjoy any rights or benefits and shall also be subject to any
waiver or limitation of rights or benefits applicable to Police Officers under the
terms of the successor Meet and Confer Agreement and those standards or
provisions are made applicable by this Ordinance.
This Ordinance shall be in full force and effect on the effective date of the Meet and Confer
Agreement adopted by the City Council on March 26, 2013, and it is so ordained.
APP
.&OVED AS TO FORM AND LEGALITY:
Sarah Fullen der, City Attorney
ADOPTED: March 26, 2013
EFFECTIVE
s
Ordinance No. 20677-03-2013
Page 2 of 2
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COUNCIL ACTION: Approved on 312612013 - Ordinance Nos. 20675-03-2013i 20676-03-
2013, 20677-03-2013 & 20678-03-2013
DATE: Tueuday, March 20. 2O13 REFERENCE NO-: ^^G-17839
LOG NAME: 12PC)L|CE APPOINTED POSITIONS
SUBJECT:
Adopt C)ndiO@Oo8S Amending {}Kjin8Dce N0. 20543-13-3013. the Police [)8p3rtUUeUt Staffing {]rdiO@Oco'
and Amending Section 27 of the Fort Worth City Code to Change the Titles of the Ranks of"Deputy Chief'
to Assistant Chief" and "Major" t0 "[)epUh/ Chief'. to 88oun8 the Number of Authorized Appointed P0SibOnS
Consistent with the Terms of the Successor Meet and Confer Agreement and to Establish the Terms and
Conditions, Including Pay and Benefits, for the Ranks Of Deputy Chief and Assistant Chief (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is nao0Dlnnend8d that the City COUOCi| adopt the attached h]Ur 0rdinaOces, in connection with the
Council's approval of the Successor Meet and Confer Agreement:
1. Amending Ordinance NO. 20542-12-2013, the Police C>epart[08D\ St8ffiDQ Ordinance, t0 change the
UU8S of the ranks of"Deputy Chief' to "Assistant Chief" and "Major" to "[}epUb/ Chief';
2. Amending Section 27 of the Fort Worth City Code to change the titles of the ranks of"Deputy Chief' to
Assistant Chief' and "Major" to "Deputy Chief' and SeCUn8 the number of authorized appointed positions
consistent with the terms of the SUCCeSSOr Meet and Confer Agreement;
3. T0 establish the terms and conditions, including pay and benefits, for the rank of Assistant Chief; and
4. To establish the 0ernlS and COndiUOnS, including pay and benefits, for the rank of Deputy Ch/8f.
DISCUSSION:
On November 11, 2008, /K4&C C-23176\ the City Council approved the Meet and Confer Agreement with
the Fort Worth Police Officers ASSOCiaU0D (FVVP[)A). On March 26, 2013. the City Council considered the
Successor Meet and Confer Agreement (Successor Agreement)with the FWPOA. If the Successor
Agreement is 8pp[OV8d by the City C0unCi|, the attached OrdiURDCeS should also be p@SS8d to iODp|8[DeDt
certain terms Of that Successor Agreement.
Ordinances Regarding Changes toTitles of Certain Police Department Ranks:
Article 15, Section 2 of the Successor Agreement, entitled "Appointment of Assistant Chief," provides that
the o|aSSifiCG\iVM titled "Deputy Chief' is Changed t0 the title "Assistant Chief' and states that all
promotions t0 the classification nf Assistant Chief shall be exempt from competitive examinations, and
instead shall be made by discretionary appointment of the Chief.
Article 15, Section 3 of the Successor Agreement, entitled "Appointment of Deputy Chief," provides that
I.ogomoo: |2P()[lCE APPOINTED POSITIONS Pagel oF3
the classification titled "Major" is changed to the title "Deputy Chie[" and states that all promotions k} the
classification of Deputy Chief shall be exempt from competitive ex80iO@hOD3. and instead 3h@U be made
by discretionary appointment Df the Chief.
The current Staffing Ordinance for the Police Department, Ordinance No. 20542-12-2012. dated
December 18, 2012, sets out the number of positions that the City Council has authorized for the various
nsnk3. including Deputy Chiefs and Majors. The staffing Ordinance should bo amended 1O change the
titles "Deputy Chief' tO "Assistant Chief' and "Major" to "Deputy Chief," to be consistent with the
Successor Agreement.
The current code section 27-24 authorizes the Chief of Police to appoint up to three Deputy Chiefs and
five Majors. Article 15` Section /4\/B\ of the SUon8SSOr Agreement provides that the City Council can
authorize up to ten (10) appointed positions, including the ranks of Assistant Chief and Deputy Chief;
however, there is no plan to appoint individuals to any of the two additional positions at this time.
The attached ordinance is necessary to change the titles of"Deputy Chief' to "Assistant Chief' and
"Major" 0O "Deputy Chief," and to change one reference from "Captain" to "[>epUb/ Chief' in Fort Worth
City Code Sections 27-1/b\, 27-22. 27-33, and 27'24 and iV specify the number Of authorized appointed
positions in Section 27-24. These changes are needed to make the references to those ranks consistent
with the terms Of the Successor Agreement.
Ordinances Regarding Terms of Employment for Assistant Chiefs and Deputy Chiefs:
Section 143.O14Of the Texas Local Government Code permits the head Of8 Police Department, ifthe
governing body approves by resolution or ordinance, and if there are at least four classifications below
department head, k} appoint each person occupying an authorized pOeidOD iD the classification
immediately below that Ofdepartment head.
The Successor Agreement provides that the rank immediately below the Chief of Police is titled "Assistant
Chief' and that the rank immediately below that is "Deputy Chief." It also provides that all promotions to
the classification of Assistant Chief and Deputy Chief shall be exempt from oO[0peUUve examinations, and
instead shall be made by discretionary appointment Of the Chief. The terms and conditions 0femployment
for the ranks of Assistant Chief and Deputy {}h)of are not set Out in the Successor Agreement, because
those [8OkS are not iOC|Ud8d in the bargaining unit for the Successor Agreement. If the Council @ppnDVgG
the Successor Agreement, the terms and conditions of employment for those persons who are appointed
to the ranks of Assistant Chief and Deputy Chief should be provided for by ordinance.
The attached O[d|OaDoes do not include or mandate a change in personnel in any [8nh and d0 not create a
vacancy in any rank. The purposes of the ordinances are to establish that the title of the appointed rank
immediately below the Chief OfPolice is "ASSiSt8D< Chief," C@th8[ than "Deputy Chief' and that the rank
immediately below "Assistant Chief." and immediately above Captain, is "Deputy Chief," and to set out the
terms and conditions Of employment for Assistant Chiefs and Deputy Chiefs.
The attached ordinances provide that for persons appointed \o the ranks Of Assistant Chief and Deputy
Chief:
1. They are appointed by the Chief Vf Police and shall serve 8t the pleasure and discretion Of the Chief;
2. Their Compensation will be set in the City's executive pay plan;
3. They are not entitled tO receive overtime, except in emergency situations;
4. They may accrue compensatory time Vp0J@ maximum Of240hours;
[.0goarno: l2POI.lCB APPOINTED POSITIONS Page 2 D[3
5. They are entitled to the same leave accruals, health benefits and health insurance coverage as those
officers who are subject to the Successor Agreement;
6. If they are demoted, they will return to their last tested rank prior to when they were first appointed
Assistant Chief or Deputy Chief; and
7. If they are demoted to a rank that is subject to the Successor Agreement, they will be entitled to the
benefits and subject to the obligations of the Successor Agreement.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
..... ......
FUND CENTERS:
TO Fund/Account/C enters FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Sarah Fullenwider (7623)
Originating Department Head: Christopher A. Troutt (7609)
Larry Lockley (7790)
Additional Information Contact: Karen Marshall (7783)
Lognarne: 12POLICE APPOINTED POSITIONS Page 3 of 3