HomeMy WebLinkAboutOrdinance 20678-03-2013 ORDINANCE NO. 20678-03-2013
AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF THE
CITY OF FORT WORTH (1986), AS AMENDED, TO REVISE SECTIONS
27-1, 27-22, 27-23 AND 27-24, TO CHANGE THE REFERENCES
THEREIN TO THE RANKS OF "DEPUTY CHIEF" TO "ASSISTANT
CHIEF" AND "MAJOR" TO "DEPUTY CHIEF;" TO REVISE SECTION
27-24 TO PROVIDE FOR THE TOTAL AUTHORIZED NUMBER OF
APPOINTED POSITIONS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 143.014 of the Texas Local Government Code provides that the
head of a municipal police department may, if approved by the governing body by resolution of
ordinance and if at least four classifications exist below the classification of department head,
appoint each person occupying an authorized position in the classification immediately below
that of department head; and
WHEREAS, the Fort Worth City Council has previously enacted Section 27-24, "Police
appointees," of the City Code, which grants the Police Chief, as department head, authority to
select and appoint individuals to the classification immediately below that of police chief, and
WHEREAS, on November 11, 2008, the City Council approved M&C C-23176, which
authorized the Meet and Confer Agreement with the Fort Worth Police Officers Association; and
WHEREAS, on March 26, 2013, the City Council approved the successor Meet and
Confer Agreement with the Fort Worth Police Officers Association ("Successor Agreement");
and
WHEREAS, Article 15, Section 2 of the Successor Agreement provides that the
classification titled "Deputy Chief' is changed to the title "Assistant Chief," and states that all
promotions to the new classification of Assistant Chief(which is the classification immediately
below that of department head) shall be exempt from competitive exarninations, and instead shall
be made by discretionary appointment of the Chief, and reclassifies existing positions in the
classification of Deputy Chief into the classification of Assistant Chief, and
Ordinance No,20678-03-2013
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Article 15` Section 3, of the Successor Contract, entitled "Appointment of
Deputy Chief," provides that the classification known as "Major" io changed k` "Deputy Chief,"
and all promotions to the daxxUlomtoo of Deputy Chief shall be exempt from competitive
examinations, and instead shall bemade by discretionary appointment o[the Chief, and that such
rank is immediately below the classification of &maiubxot Chief and immediately above the
classification of Captain, and reclassifies existing positions in the classification o[Major intothc
classification of Deputy Chief, and
Article 15, Section 4(B) of the Successor Agreement provides that the City
Council can authorize, upt0 ten (10) appointed positions, including the ranks of Assistant Chief
and Deputy Chief-, and
WHEREAS, the City Council finds d advisable |oconform the titles used iu the Code uf
the City of Fort Worth 10 the titles used iu the Successor Agreement,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COKTNC0L OF THE
CITY OF FORT WORTH,TEXAS:
SECTION l.
That Section 37-1(b) of the Code of the City of Fort Worth, (1986), as unoondod' iu
hereby amended to read aDfollows:
(b) The chief 0fpolice or his duly authorized assistant chief is hereby
authorized to detail regularly employed |avv eofbrcerneot officers of the
city police department to assist any other county or municipality vvheo` in
the opinion of the mayor or other officer authorized UJ declare uatute of
civil emergency in such other county or municipality, there exists in such
other county or municipality, there exists in such other county or
municipality a need for the services of additional law enforcement officers
to protect the health, life and property of such other county or
municipality, its inhabitants and vioduco thereto, by reason of riot,
unlawful assembly characterized by the use of force and violence or threat
thereof by three (3) or more persons acting together or without |uvJbl
autbnrity, or during u time uf natural disaster or man-made calamity, and
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request for additional law enforcement officers is made to the city's chief
of police by the mayor or officer authorized to declare a state of
emergency in such other county or municipality.
SECTION 2.
That Section 27-22 of the Code of the City of Fort Worth, (1986), as arnended, is hereby
amended to read as follows:
The police department shall be administered by the office of the chief of police,
who shall be designated by the city manager. The office of the chief of police
shall be responsible for the proper administration and operations of the police
department, subject to the supervision of the city manager, and Subject to all
regulations, policies and ordinances of the city and he shall promulgate all rules,
regulations and orders for the governing of the police department. The chief of
police shall have the exclusive right to discipline any of the officers or employees
of the department in accordance with state civil service law, city rules and
regulations, police department general and interim orders, and the police
department code of conduct. In case of the disability of the chief of police or the
executive assistant chief, by reason of sickness, absence from the city, or other
cause, the city manager shall designate one of the assistant chiefs or deputy chiefs
within the police department to act as chief of police during such disability, and
the officer so designated shall serve without additional compensation.
SECTION 3.
That Section 27-23 of the Code of the City of Fort Worth, (1986), as amended, is hereby
amended to read as follows:
27-23. —Executive assistant chief
(a) The police chief may designate one officer from the classification
immediately below that of police chief, who, in addition to that officer's
regular duties, will be assigned the duties of executive assistant chief, and
who will perform the following specialized functions with the department:
(I) Serve as acting police chief when the police chief is absent
from the city or is temporarily unable to fulfill the duties of the office of
police chief,
(2) Represent the police department in matters pertaining to budget,
personnel, legal and administrative matters;
(3) Represent the police chief at public functions when the police
chief is unable to attend-,
Ordinance No.20678-03-2013
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(4) Assist the police chief in evaluation of departmental employees
and performance;
(5) Assist the police chief in inter-city and intra-city agency and
department relations;
(6) Perform other specialized duties, as assigned by the police
chief.
(b) The officer who performs the above specialized functions shall
receive the sum of five hundred dollars ($500,00)per month as assignment
pay. Such payment shall be in addition to the officer's regular pay.
SECTION 4.
That Section 27-24 of the Code of the City of Fort Worth, (1986), as amended, is hereby
revised to adjust the classification immediately below that of Police Chief, to Assistant Chief,
and to address the change in title of Major to Deputy Chief and shall read as follows-,
Sec. 27-24. -Police appointees.
(a) Classification immediately below that of department head (assistant
chiefs).
(1) The police chief shall have the authority to select and appoint
persons to the classification immediately below that of police chief, to be
referred to as the classification of assistant chief.
(2) Each person appointed under section 27-24(a) shall serve at the
pleasure of the police chief and without civil service protection. Eligibility
for appointment and the rights of appointees hereunder shall be in
accordance with Section 143.014 of the Texas Local Government Code.
(b) Deputy Chiefs.
(1) The police chief shall have the authority to select and appoint
persons to the classification immediately below that of assistant chief,to
be referred to as the classification of deputy chief.
(2) Each person appointed under section 27-24(b)(1) shall serve at the
pleasure of the police chief and without civil service protection. Eligibility
for appointment and the rights of appointees hereunder shall be in
accordance with the then-current meet and confer agreement between the
City of Fort Worth and the Police Officers Association, as allowed by
Texas Local Government Code Section 143.307.
Ordinance No.20679-03-2013
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kJ Number of Appointed Positions. The City Council can authorize,
and the police chief can appoint, upLoa total of ten U(Aappointed
positions, including both ranks of assistant chief and deputy chief.
SECTION 5.
The remainder of Chapter 27 shall remain io full force and effect, save and except as
amended hv this Ordinance.
SECTION 6.
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 7.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
neotnuccu, clauses and phrases of this ordinance are severable, and, if any obrosc` clause, sentence,
paragraph or section uf this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality obo|| not affect any ofthe
remaining phrases, duumcx, nco1cmcem, paragraphs and sections of this ordinance, since the ymne
would have been enacted by the City Council without the incorporation in 1biu ordinance of any
such unconstitutional phrase, clause, sentence,paragraph orsection.
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SECTION 8.
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 Fullenw] er,City Attorney
ADOPTED: March 26,2013
EFFECTIVE: March 26,2013
Ordinance No.20678-03-2013
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3126/2013 - Ordinance Nos. 20675-03-2013, 20676-03'-
2013, 201677-03-2013 & 20678-03-2013
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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
Logname: 12POLICE APPOINTED POSITIONS Pagel o1`3
the classification titled "Major" is changed to the title "Deputy Chief," and states that all promotions to the
classification of Deputy Chief shall beexempt from competitive examinations, and instead shall bemade
by discretionary appointment of the Chief.
The current Staffing Ordinance for the Police Department, Ordinance No, 2O542-12-2O12, 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. ThestaMing (}vdinanoeuhouNboarnendedioohangoihe
titles"Deputy Chief' hn "Assistant Chief' and ^M jor' (o ''[)epuh/ C|hie[" tobeooDSisientvvithUhe
Successor Agreement.
The current code section 27-24 authorizes the Chief of Police to appoint up to three Deputy Chiefs and
five Majors. Arhn|e15. SeoUon (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 isno plan k/ appoint individuals ho 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). 2y-22. 27-33. and 27'24 and to specify the number of authorized appointed
positions iD Section 27'24. These changes are needed h} make the references to those ranks consistent
with the terms ofthe Successor Agreement.
Ordinances Regarding Tmrrnm 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 Vf Police io titled "Assistant
Chiof' and that the rank immediately below that is "Deputy Chie[" It also provides that all 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 ofPolice is "Assistant Chief," rather than "Deputy Chief' and that the rank
immediately below "Assistant Chie[" 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 ho receive overtime, except in emergency situations;
4. They may accrue compensatory time uptua maximum of24Dhours;
LoQoumcl2PL}L{CE APPOINTED POSITIONS Page 2of3
5. They are entitled to the same leave mcorue|s, health benefits and health insurance coverage as those
officers who are subject h] the Successor Agreement;
S. |f they are demobed, they will return to their last tested rank prior to when they were first appointed
Assistant Chief or Deputy Chief; and
7. \f they are demoted tna rank that is subject tV (heSuoogGnnrAoneennenLtheyvviUbeenbdedhJthe
benefits and subject hz the obligations nf the Successor Agreement.
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 Offigg b�L.
SumonA|anks (8180)
SacehFuUenwider (7623)
Oriciiinating Department Head: Christopher A. TrouU /7609\
LarryLooNey (7780)
Additional Information Contact: Karen Marshall (7783)