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HomeMy WebLinkAboutOrdinance 25733-09-2022 ORDINANCE NO. 25733-09-2022 AN ORDINANCE ADJUSTING THE TOTAL NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS IN THE FIRE DEPARTMENT BY ELEVEN EFFECTIVE AUGUST 27, 2022 BY ADDING ELEVEN POSITIONS IN THE CLASSIFICATION OF FIREFIGHTER; PROVIDING A STATEMENT OF PURPOSE AND INTENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING ORDINANCES; 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 fire fighters and (ii)prescribe the number of positions in each classification; and WHEREAS, on September 28, 2021, the City Council adopted Ordinance 25130-09- 2021, which established the Fire Department's sworn personnel staffing levels effective October 1, 2021, as follows: Assistant Chief 3 Deputy Chief 6 Battalion Chief 27 Captain 89 Lieutenant 130 Engineer 214 Firefighter 494 TOTAL 963; and WHEREAS, the Fire Chief requested that the City Council increase the number of authorized positions in the existing classification of Firefighter by eleven (11) effective August 27, 2022, to accommodate the graduates of Academy Class 91 and thereafter prescribe the number of authorized positions in the Fire Department to conform with the proposed changes as set forth below in order to effect efficient economy of the operations of the Fire Department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: Page 1 of 3 SECTION 1. Following 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 Fort Worth Fire Department effective August 27, 2022 until modified by subsequent ordinance: Assistant Chiefs 3 Deputy Chiefs 6 Battalion Chiefs 27 Captain 89 Lieutenant 130 Engineer 214 Firefighter 505 TOTAL 974 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 (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of prior fire staffing ordinances for the Fire 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. 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 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 Page 2 of 3 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. The classifications and numbers prescribed by this ordinance shall take effect and be in full force and effect as of August 27,2022, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ATTEST: �1�, �P71 ✓'annerfe S. Goodall Jannette S.Goodall(Sep 16,202212:51 CDT) Denis C.McElroy, Sr.Asst. City Attorney Jannette S. Goodall, City Secretary ADOPTED: September 13, 2022 EFFECTIVE: August 27, 2022 St1x� .. �0� Page 3 of 3 City of Fort Worth,Texas Mayor and Council Communication DATE: 09/13/22 M&C FILE NUMBER: M&C 22-0712 LOG NAME: 36TEMPORARY STAFFING OVERAGE-CLASS 91 SUBJECT (ALL)Adopt Ordinance Temporarily Increasing the Number of Authorized Positions in the Classification of Firefighter in the Fire Department by Eleven RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance prescribing the number of authorized sworn positions in each classification in the Fire Department,temporarily increasing the number of authorized positions in the classification of Firefighter by eleven effective August 27, 2022,thereby increasing the total authorized civil service positions from 963 to 974 effective August 27,2022;and effective until superseded by future ordinances. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)and the attached ordinance is to temporarily increase the number of authorized positions in the classification of Firefighter in the Fort Worth Fire Department by a total of 11 in order to have sufficient Firefighter positions for all of the members of Fort Worth Fire Recruit Class 91 who graduated on August 26,2022 and promoted to Firefighter on August 27,2022. There were 29 graduates in Recruit Class 91 but only 18 Firefighter vacancies at the time of graduation.To ensure all graduates were treated the same and had consistent seniority and commissioning dates,all of the graduates were commissioned in substantial compliance with Local Government Code Chapter 143 as of August 27,2022 in accordance with Section 143.021(b)even though the ordinance adding positions had not been adopted as of that date. The need to add these positions is a result of the Department's not generally carrying vacancies. In an effort to ensure that calls for service are met with optimum response times,the Fire Department strives to keep the number of Firefighter vacancies as close to zero as reasonably possible.To accomplish this goal,Academy classes are scheduled to correspond with projected vacancies,including retirements and promotions. Because the necessary vacancies in the Firefighter classification were not officially available to accommodate all anticipated to graduate in Class 91,the Department is seeking to temporarily increase the number of authorized positions in the classification of Firefighter. On September 28,2021,the City Council adopted its most recent authorized staffing ordinance for the Fire Department,which increased the total number of authorized positions in the classification of Firefighter by 10,prescribing the total number of authorized positions for each classification of sworn personnel and providing for a total of 963 civil service positions(M&C 21-0771;Ordinance 25130-09-2021). Approval of the attached ordinance would result in new temporary authorized staffing levels as follows: Adding 11 Firefighter Positions for Class 91,effective August 27,2022. Current Revised Temporary Future Position Authorized Change Authorized Authorized Intended Positions Positions Positions Authorized Strength* Assistant 3 3 Chief Deputy Chief Battalion 27 27 Chief Eaptainr8971 89 89 Lieutenan 130 11 1 130 11130 En sneer 14 L �I 14 14 Firefi hte 494 +11 505 11 505 OTAL 963 �+11 �974 11 963 `The"Future Intended Authorized Strength"figure is based off of Staffing levels as of the adopted FY2022 budget. NOTE—The staffing numbers shown in this M&C are tied to the adopted Fiscal Year(FY)2022 budget. They do not reflect any staffing adjustments associated with the FY2023 proposed budget or the recent Citygate staffing review. A separate M&C and ordinance will be brought forward for any adjustments to authorized strength stemming from the staffing review and budget adoption. Funding for the eleven additional positions is available under the budgeted amount for Fire Battalions in the Fire Department rollup within the General Fund. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION!CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation,funds are available in the current operating budget,as previously appropriated,in the General Fund. Prior to an expenditure being incurred,the Fire Department has the responsibility to validate the availability of funds. Submitted for City Managers Office by: Valerie Washington 6199 Originating Business Unit Head: Jim Davis 6801 Additional Information Contact: Mark Rauscher 6803 Expedited