HomeMy WebLinkAboutOrdinance 20724-05-2013 ORDINANCE NO. 20724-05-2013
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED, TO REPEAL SECTION 27-
35, "ASSIGNMENT PAY FOR OVERNIGHT DUTY CAPTAINS";
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 25, 2011, the City Council adopted Ordinance 19713-06-
2011, which enacted section 27-35, entitled "Assignment pay for overnight duty
captains," which provided for assignment pay for Overnight Duty Captains; and
WHEREAS, the Police Department recommends discontinuation of the
assignment pay for Overnight Duty Captains by repealing Section 27-35; and
WHEREAS, the City Council finds it advisable to adopt staff's
recommendations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
The title and the entire contents of Section 27-35, entitled "Assignment pay for
overnight duty captains," adopted June 25, 2011, is hereby repealed.
SECTION 2.
The remainder of Chapter 27 of the Code of the City of Fort Worth, (1986), as
amended, entitled "Police," shall remain in full force and effect, save and except as
amended by this Ordinance.
Ordinance No.20724-05-2013
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SECTION 3.
This ordinance shall be cumulative of all provisions of 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 other provisions of such ordinances or such
Code, in which event the conflicting provisions of such other ordinances or such Code
are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases 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 5.
This ordinance shall be effective immediately.
APPROVED AS TO FORM AND LEGALITY:
Christopher Troutt,Assistant City Attorney
ADOPTED &EFFECTIVE: May 7, 20 13
Ordinance No.20724-05-2013
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/712013 - Ordinance No. 20724-05-2013
DATE: Tuesday, May 07, 2013 REFERENCE NO.: **G-17881
LOG NAME: 35REPEALING ASSIGNMENT PAY FOR NIGHT DUTY CAPTAINS
SUBJECT:
Adopt Ordinance Repealing One Section of Chapter 27, "Police" of the Fort Worth City Code to Repeal
Section 27-35, Assignment Pay for Overnight Duty Captains (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance repealing one section of Chapter
27, "Police" of the Fort Worth City Code by repealing Section 27-35 entitled "Assignment Pay for
Overnight Duty Captains", which established assignment pay for Overnight Duty Captains in addition to
the police officer's regular pay.
DISCUSSION:
Section 143.042 of the Local Government Code permits the City Council to authorize assignment pay for
police officers performing specialized functions in their department. The amount of assignment pay must
be established by ordinance and is to be paid in addition to the police officer's regular pay.
On June 25, 2011, (M&C G-17293) (Ordinance No. 19713) the City Council adopted an amendment to
Chapter 27 of the Code of the City of Fort Worth, Texas (1986), as amended, adding section 27-35 which
provided for the payment of assignment pay for Captain positions who are assigned by the Chief of Police
to perform the duties of commanding the Police Department patrol operations citywide between the hours
of 6:00 p.m. and 6:00 a.m.
Because of certain provisions in the Meet and Confer Agreement approved by the City Council on March
26, 2013, (M&C C-26170)(City Secretary Contract No. 44298) Captains are eligible for shift differential pay
for work performed between the hours of 6:00 p.m. and 6:00 a.m. As a result, the Police Department
believes that it is no longer advisable for the Overnight Duty Captains to receive assignment pay for that
position, since they work hours that are eligible for shift differential pay. The Police Department is
requesting that Section 27-35 be repealed effective immediately and that the 10 percent assignment pay
for Overnight Duty Captains be discontinued_
This ordinance does not create, by implication or otherwise, any new classified positions, vacancies or
classifications within the Police Department.
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
Logname: 35REPEALING ASSIGNMENT PAY FOR NIGHT DUTY CAPTAINS Page I of 2
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (4231)
Additional information Contact: Shalah L. Graham (4229)
Lognarne: 35REPEALING ASSIGNMENT PAY FOR NIGHT DUTY CAPTAINS Page 2 of 2