HomeMy WebLinkAboutOrdinance 20675-03-2013 ORDINANCE NO. 20675-03-2013
AN ORDINANCE AMENDING THE POLICE DEPARTMENT STAFFING
ORDINANCE NO. 20542-12-2012 TO RENAME THE RANKS OF
"DEPUTY CHIEF" TO "ASSISTANT CHIEF" AND "MAJOR" TO
"DEPUTY CHIEF"; PROVIDING A STATEMENT OF PURPOSE AND
INTENT; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 143.021(a), Texas Local Government Code provides that a
municipality's governing body shall by ordinance (i) establish the classifications of police
officers and (11) prescribe the number of positions in each classification; and
WHEREAS, The City of Fort Worth City Council on November 16, 2006 by
Resolution adopted the Meet and Confer process established by Section 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, on March 26, 2013, the City Council approved a Successor Meet
and Confer Agreement changing the title of the rank of "Deputy Chief' to "Assistant
Chie' and changing the title of the rank of"M�jor" to "Deputy Chief."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
Ordinance No.20675-03-2013
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SECTION 1.
That, following the effective date of this ordinance, the following positions shall
be the only sworn positions in each classification (rank) authorized in the City of Fort
Worth Police Department, until modified by subsequent ordinance:
Assistant Chief 3
Deputy Chief 5
Captain 15
Lieutenant 46
Sergeant 165
Corporal/Detective 212
Police Officer 1,149
Total 1,595
SECTION 2.
The "Mayor and Council Communication" memorandum, which is presented
contemporaneously with this ordinance, is hereby expressly incorporated herein by
reference for further clarification and explanation of the purpose and intent of the City
Council in its adoption of this ordinance as well as the Department in its implementation.
SECTION 3.
This ordinance shall be cumulative of all provisions of previous ordinances and of
the Code of the City of Fort Worth, Texas (1986), as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of prior police
staffing 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.
Ordinance No.20675-03-2013
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SECTION 4.
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
ph-rase, 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.
SECTION 5.
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.
APPROVED AS TO FORM AND LEGALITY:
Sarah Fullenwider, City Attorney
ADOPTED: March 26, 2013
EFFECTIVE:
Ordinance No.20675-03-2013
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City of Fort Worth., Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 3/26/2013 - Ordinance Nos. 20675-03-'201,3, 20676-03-
2013, 20677-0 -2013 &,2067a-03-20'11
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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
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the classification titled "M j0[" isdl8ngedtOMhe title "Deputy Chief" and states that all promotions k] the
classification Of Deputy Chief shall be eK8nOct from C0nnpeUdv8 examinations, and instead shall be nn@d8
by discretionary appointment of the Chief.
The current Staffing Ordinance for the Police Department, Ordinance No. 30542-12'2012. dated
December 18' 2O12. sets out the number 0f positions that the City Council has authorized for the various
ranks, including Deputy Chiefs and Majors. The staffing Ordinance should be amended t0change the
titles "Deputy Chief' to "Assistant Chief' and "Major" to "Deputy Chief," b3 be consistent with the
Successor Agreement.
The current code section 27-24 authorizes the Chief 0f Police k) appoint Upk} three OepVb/ <�h\efsand
five �� 'O[S. A�ic|815. ��e{tiOO (4)/B\ Ufthe ��UCCHssOrAo[ee[nontpR}VideStha( th8 <�ih/ {|- unCi| c@n
authorize uptOten /10\ appointed pOSihOOS, including the ranks Of Assistant Chief and Deputy Chief;
however, there iSnO plan tO appoint individuals iV any Ofthe 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 "{|@pt@in" \V "Deputy Chief' in Fort Worth
City Code Sections 37-1(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 Ofthe Successor Agreement.
Ordinances Regarding Terms of Employment for Assistant Chiefs and Deputy Chiefs:
Section 143.O14Of the Texas Local Government Code permits the head 0f@ Police Department, ifthe
governing body approves by rCSV(udOn or ordinance, and if there are at least four classifications be|Ovv
department head, tOappoint each person occupying 8n authorized position iD the classification
immediately below that 0f 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 all promotions tU
the classification of Assistant Chief and Deputy Chief shall be exempt from cOn1p8hUve 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
|hOS8 ranks are not iDC|UdBd in the h2Fg@\DiDg unit for the Successor Agreement. If the COVDCi| 8Dpn]VeS
the Successor Agreement, the terms and conditions Of employment for those persons who are appointed
to the n@r|kS of Assistant Chief and Deputy Chief should be provided for by ordinance.
The attached ordinances d0 not include or mandate @ change in personnel iU any rank and dO not create 8
V8C8nCy in any rank. The pV[pOSeS of the OndiDGno8S are to establish that the title of the appointed rank
immediately he|OVV the Chief OfPolice is "Assistant Chief," rather than "Deputy Chief' and that the rank
iDlnn8di8te\y 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 bythe Chief Of Police and shall serve Gt the pleasure and discretion Of the Chief;
2. Their Compensation will b8 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 upk} @ maximum Of24Ohours;
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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 Fu nd/Accou nt/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)
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