HomeMy WebLinkAbout(0011) 10.14 draft 2-180 ord amend 2021 blackline.pdfORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH
(2015), AS AMENDED, TO REVISE SECTION 2-180, "COVERAGE OF THE
SYSTEM," 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 SECTION 2-180 TO ENHANCE CLARITY; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Fort Worth City Code currently affords certain City employees
the right to appeal some adverse employment actions to a neutral third -party hearing
officer; and
WHEREAS, individuals holding certain positions, including the City Manager,
Assistant City Managers, the Internal Auditor, the City Secretary, and the City Attorney
and her assistant city attorneys do not have such appeal rights; and
WHEREAS, the individuals who assist members of the City Council as council
aides or district directors historically worked on a less than full time basis; were
traditionally hired, disciplined, and fired directly by the Councilmember; and have not
been regular full-time employees; and
WHEREAS, in recent years the role of council aide/district director has evolved,
with many individuals serving on a full-time basis; and
WHEREAS, the Fort Worth City Council is separately amending the City's
retirement fund ordinance to make council aides/district directors eligible to participate in
the retirement fund, which necessitates such positions becoming regular full-time
employment positions; and
WHEREAS, because of the unique nature a council aide/district director serves
as an assistant and envoy for his or her employing Councilmember, the Fort Worth City
Council finds it advisable to clarify that individuals holding such positions would
continue to be directly hired, disciplined, and fired by the City Councilmember for each
district and would not be subject to appeal rights afforded to most employees who report
to the City Manager; and
WHEREAS, 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, which the City
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Council agrees would be beneficial.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
That Section 2-180, "Coverage of the System," of the Code of the City of Fort
Worth is hereby amended to reflect that council aides/district directors are not subject to
administrative appeal rights and to make non -substantive revisions to enhance clarity,
with such section, as amended, to read as follows:
§ 2-180 COVERAGE OF THE SYSTEM.
This article shall apply to all officers and employees of the city and shall apply
to all such positions in the city service now existing or hereafter established,
except as provided below.
(a) The mayor, members of the city council and members of appointive boards
shall be exempt from the provisions of this article.
(b) The following positions eity manager- n the assistant eity ,r es shall
be exempt from the dismissal, suspension and demotion section of this article.-_
(1) the city manager and the assistant city managers
(2)
(e) The eity manager's seer-etafy shall be s*eet to the dismissal,
and demotion seetion of this aftiele, save and exeept that, in the event of an appeal
by the eity manager's seer-etof a a:seiplinar-y xotion, all findings n
r-eeemmendations of the diseiphnar-y appeals board or- its designated heafing
offieer- shall be made to the 4#er4in4r-a gove-mmental affairs eommittee of the eity
eotmeilfor- final deeisio rather- than to the eity .,..,,,,,,ge
—+d) Tthe heads of departments, assistant heads of departments, and division
heads;
(33,) the judges of the municipal court system;
the city internal auditor and
(the city secretary
shall be-exept f�emrthe dismissal, � o and aomotio,, se do of
thisat4i le
(e)-L61pgersons temporarily appointed to the city service and
(77,) employees in their initial probationary period shall be exempt from the
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(f) -T8the city attorney and all assistan4s deputy and assistant city attorneys in
the department of lawshall be fFeffi the dismissal, p -ad
demotion seetion of this ai4iele.
(9) aides to the city councilmembers/district directors
- o (cc) Employees of the police department and fire department who are
subject to the provisions of the Fire and Police Civil Service Law (Tex. Local
Government Code Chapter 143) are exempt from the section on dismissal,
suspension and demotion, and the section on political activities.
(d) The city manager's secretary shall be subject to the dismissal, suspension and
demotion section of this article, save and except that, in the event of an appeal by
the city manager's secretary of a disciplinary action, all findings and
recommendations of the disciplinM gppeals board or its designated hearing
officer shall be made to the appropriate committee of the city council for final
decision, rather than to the city manager.
SECTION 2.
That this ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 3.
That it is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance 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 4.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
Assistant City Attorney Ronald P. Gonzales, Acting City Secretary
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ADOPTED:
EFFECTIVE:
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