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HomeMy WebLinkAboutOrdinance 17065-07-2006ORDINANCE NO. 17065-07-2006 AN ORDINANCE RETROACTIVELY ADJUSTING THE TOTAL NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS IN THE POLICE DEPARTMENT;; PROVIDING A STATEMENT OF PURPOSE AND INTENT FOR THE ADOPTION AND IMPLEMENTATION OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF TINS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. SE IT HEREBY KNOV6'Na WHEREAS, the Police Chief has requested the City Council to readjust and thereafter specify the total nurr~ber of authorized civil service positions at the police officer rank in the Police Department into conformity with the proposed changes as set forth immediately below in ordex to effect efficient economy of the operations of the Police Department; and WHEREAS, on June 20, 2006, the City Council approved the most recent ordinance concerning the authorized and budgeted positions fax the Police Department. In that Ordinance, the Council adjusted the Police Department's civil service staffing, effective June 20, 2006, as follows: Deputy Chief 5 Captain 13 Lieutenant 46 Sergeant 140 Corpoxal/Detective 174 Police Officer 1005 Total 1,383 Wl~-IEREAS, pursuant to Chapter 143,021 (a), Texas Local Government Code, the City Council znay pxescribe the authorized number of positions in each classification (rank) and the correct number of budgeted civil service positions by ordinance; WHEREAS, the authorized strength. level included the phase-out of fourteen corporal positions in the Field Operations Bureau, and eight sergeant positions were prouraotianal positions resulting in an increase in sergeant positions; WHEREAS, pursuant to Chapter 143, Texas Local Government Cade, the Police Department is unable to promote to the sergeant positions until a sergeant's list is available to make these promotions, and this resulted in the necessity to temporarily demote eight corporals; WHEREAS, the demoted corporals would be negatively impacted as an off cer is not eligible for promotion unless the person has served in that police department in the next lower position for at least two years immediately before the date the promotional examination is held, and these demoted corporals would lose all time accrued and would have to wait far a full two years to regain eligibility to test for promotion; and WHEREAS, the good faith remedy is the retroactive realignment of the eight sergeant positions to the corporal level. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 1~ ORT WORTH, TEXAS: SECTION 1. That, effective retroactively to June 20, 2006, upon the formal adoption of this ordinance, the following positions shall be the only civil service positions in each classification (rank) authorized in the City of Fart Worth Police Department for the remainder of the fiscal year 2005-2006 or until modified by subsequent ordinance: Deputy Chief 5 Captain 13 Lieutenant 4~6 Sergeant 132 Corporal/Detective 182 Police Officer 1005 Total 1,383 SECTION 2. The "Mayor and Council Connnunication" 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 Council in their adoption as well as the Department's implementation of this ordinance. 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 civil service 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. SECTION 4. Tt 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 phrase, 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 S. This ordinance shall take effect retroactively to June 20, 2006, and be in full force and effect from arad after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ~. A Date: Gvt ADOPTED: July 2S, 2006______ - __ EFFECTIVE: , ~ tx f/t,~G ~ E r~-t7o ~o pity ®f ~'®rt ~i®r~h~ T°~xas Mayor and Council Communication COUNCIL ACTION: Approrred on 7/2512006 - Urdiraance No. 17065-07-2006 DATE: Tuesday, July 26, 2006 LOG NAME» 35CSSTA)=F REI=ERENCE N{~.: **G-15302 SUBJECT: Adopt Civil Service Staffing Ordinance Amending Ordinance No. 17018-06-2006 RECOMMEND/•iTlOhl: It is recommended that the City Council adopt the attached ordinance retroactive to June 20, 20D6, specifying the allocation of authorized civil service positions in the Police Department thereby amending the ordinance (1701$-06-2006) created by M&C G-16253. ©ISClJSSI(3N: During the FY2005-20D6 budget preparation process, partial year funding for certain sworn assignments was approved for the Police Department. In November 2005 the Crime Control and Prevention District also approved partial year funding far certain sworn assignments for the Police Department. Creation of the positions was delayed for all the partially funded positions until July 1, 2006, to allow adequate funding far the new positions. On June 20, 20D6, (M&C G-15253) the City Council adopted a staffing ordinance which authorized the Police Department sworn strength level at 1,383 positions. This included the addition of 19 officers and two patrol sergeants, six corporal/detectives, and six NPO sergeants. The authorized strength level included the phase-out of 14 corporal positions in the Field Operations Bureau. The eight sergeant positions are promotional positions resulting in the increase in sergeant positions. Pursuant to Chapter 143, Local Government Code, the Police Department is unable to promote to the sergeant positions until a sergeant's list is available to make these promotions. This has resulted in the necessity to temporarily demote eight corporals (14 from phase-out less the six additional detectives) due to the phase-out of corporal positions and the inability to promote to the sergeant positions. This will have a negative impact on demoted corporals as an officer is not eligible for promotion unless the person has served in that police department in the next lower position for at leasfi two years immediately before the date the promotional examination is held. The demoted carparal will lose all time accrued and will have to wait for a full two years to regain eligibility to test for promotion. An immediate remedy is the temporary realignment of sergeant positions to the corporal level until the sergeant's promotion list is available for the promotions. At that time an M&C will be required to decrease the corporal positions and increase the sergeant authorized strength level. The Police Department's authorized strength is 1,383. Upon approval of this recommendation the assignment of civil service positions authorized for the Police Department will result in the temporary realignment of the eight sergeant positions to corporal detective positions. The ordinance attached to M&C G-15253 stated that the ordinance would be in full force and effect from and after its passage. Thus, this M&C and the attached ordinance are retroactive to June 20, 2006. Logname: 35C8STAFF Page 1 of 2 Position Deputy Chief Captain Lieutenant Sergeant Corporal/Detective Police Ofttcer Total Authoeized Steen th 5 13 ~6 132 182 1D05 1383 FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that this action will have no rrraterial effect on budgeted funds. Logname: 3SCSSTAFF Page 2 of 2