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HomeMy WebLinkAboutOrdinance 20676-03-2013 ORDINANCE NO. 20676-03-201.3 AN ORDINANCE ESTABLISHING THE TERMS AND CONDITIONS OF COMPENSATION PAY AND BENEFITS FOR THE APPOINTED RANK OF ASSISTANT 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 EFFECIVE 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 Officers 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 applicable statutes, the rank of Assistant Chief, the rank that is immediately below Chief of Police, is recognized and established, 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 recognizes that the rank of Assistant Chief is to be appointed by the Chief of Police, to serve at the Chief of Police's discretion and further recognizes 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 Assistant Chief shall be appointed by the Chief of Police, and shall serve at the pleasure and discretion of the Chief of Police. 2. Each Assistant 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 Assistant 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. 4. All Assistant Chiefs shall be exempt from the payment or collection of overtime compensation except in emergency situations as set out in the general orders. Ordinance No. 20676-03-2013 Page 1 of 2 5. All Assistant 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 tight to pay or benefits for Assistant 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 Assistant 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 Assistant 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, an Assistant 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, an Assistant 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 fights 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. A7PPXOVED AS TO FORM AND LEGALITY: Sarah FullenwAler, City Attorney 11-1- ADOPTED:-March 26, 2013 "7 EFFECTIVE: kl Ordinance No. 20676-03-2013 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication .......... ....................... .... COUNCIL ACTION. Approved on 3/26/2013 - Ordinance Nos. 20675-03-2013, 20676-03- 2013, 20677-03-2013 & 20678-03-2013 �uGff�U(�,�w(4(l�(goeffdmlioimijly,rl�l�,�Iff�,,�'i'll""II-1-11".—.,�ll,11---1 RR!111,11111-11'(„�,Q,�,,�.11111,. A-1—'ll"ll'll,,,©ll,��l,)IV""WNll,l 11,�'ll'IA "l�—..—".-Iollyf@fifill I%9,M1000Pffi40l/f011f1hNYU1Nll➢ �NNO�(MIMfffA(qI(6(9RW(allllNlloplAi�m�(fiffy1iffolol'INUo DATE: Tuesday, March 26, 2013 REFERENCE NO.: **G-17839 LOG NAME: 12POLICE APPOINTED POSITIONS SUBJECT: Adopt Ordinances Amending Ordinance No. 20542-12-2012, the Police Department Staffing Ordinance, 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" to "Deputy Chief', to Secure the Number of Authorized Appointed Positions 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 recommended that the City Council adopt the attached four ordinances, in connection with the Council's approval of the Successor Meet and Confer Agreement: 1. Amending Ordinance No. 20542-12-2012, the Police Department Staffing Ordinance, to change the titles of the ranks of"Deputy Chief" to "Assistant Chief' and "Major" to "Deputy 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 secure the number of authorized appointed positions consistent with the terms of the Successor Meet and Confer Agreement; 3. To establish the terms and conditions, including pay and benefits, for the rank of Assistant Chief; and 4. To establish the terms and conditions, including pay and benefits, for the rank of Deputy Chief. DISCUSSION: On November 11, 2008, (M&C C-23176) the City Council approved the Meet and Confer Agreement with the Fort Worth Police Officers Association (FWPOA). On March 26, 2013, the City Council considered the Successor Meet and Confer Agreement (Successor Agreement) with the FWPOA. If the Successor Agreement is approved by the City Council, the attached ordinances should also be passed to implement certain terms of that Successor Agreement. Ordinances Regarding Changes to Titles of Certain Police Department Ranks: Article 15, Section 2 of the Successor Agreement, entitled "Appointment of Assistant Chief," provides that the classification titled "Deputy Chief' is changed to the title "Assistant Chief' and states that all promotions to the classification of 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 Logname: 12POLICE APPOINTED POSITIONS Page 1 of 3 the classification titled "Major" is changed to the title "Deputy Chief," and states that all promotions to the classification of Deputy Chief shall be exempt from competitive examinations, and instead shall be made by discretionary appointment of 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 ranks, including Deputy Chiefs and Majors. The staffing Ordinance should be amended to 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 Successor 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" to "Deputy Chief," and to change one reference from "Captain" to "Deputy Chief' in Fort Worth City Code Sections 27-1(b), 27-22, 27-33, and 27-24 and to 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 143.014 of the Texas Local Government Code permits the head of a Police Department, if the governing body approves by resolution or ordinance, and if there are at least four classifications below department head, to appoint each person occupying an authorized position in the classification immediately below that of department 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 ail promotions to the classification of Assistant Chief and Deputy Chief shall be exempt from competitive examinations, and instead shall be made by discretionary appointment of the Chief. The terms and conditions of employment for the ranks of Assistant Chief and Deputy Chief are not set out in the Successor Agreement, because those ranks are not included in the bargaining unit for the Successor Agreement. If the Council approves 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 ordinances do not include or mandate a change in personnel in any rank and do 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 of Police is "Assistant Chief," rather 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 to the ranks of Assistant Chief and Deputy Chief: 1. They are appointed by the Chief of Police and shall serve at 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 up to a maximum of 240 hours; Logname: 12POLICE APPOINTED POSITIONS Page 2 of 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. "I'll'', I ''1 11.............. 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/Centers 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) Logname: 12POLICE APPOINTED POSITIONS Page 3 of 3