HomeMy WebLinkAboutOrdinance 26497-10-2023 ORDINANCE NO.26497-10-2023
AN ORDINANCE ADJUSTING THE TOTAL NUMBER OF AUTHORIZED
SWORN POSITIONS IN THE POLICE DEPARTMENT BY DELETING
ONE (1) POSITION IN THE CLASSIFICATION OF SERGEANT AND
ADDING ONE (1) POSITION IN THE CLASSIFICATION OF POLICE
OFFICER,EFFECTIVE OCTOBER 1,2023; 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 police officers
and (ii)prescribe the number of positions in each classification;
WHEREAS,on September 19,2023,the City Council adopted Ordinance 26457-09-2023,
which established the Police Department's sworn personnel staffing levels, effective October 1,
2023, as follows:
Assistant Chief 3
Deputy Chief 6
Commander 6
Captain 17
Lieutenant 50
Sergeant 213
Corporal/Detective 262
Police Officer 1318
Total 1875 ; and
WHEREAS, per the terms of the current Meet and Confer Labor Agreement with the Fort Worth
Police Officer Association (POA) (FW CSC 54366), there is meant to be one additional position in the
classification in which the current POA president serves in order to allow the POA president to conduct union
business using donated leave hours without reducing the full complement of authorized positions available to
conduct police business; and
WHEREAS,the immediate past prior POA president,who separated from the City effective February
11, 2023, served in the rank of sergeant; and
WHEREAS,the current POA president serves in the rank of police officer;and
WHEREAS, Ordinance 26457-09-2023 does not take into account the difference in rank of the prior
and current POA presidents; and
WHEREAS, the Police Chief has requested that the City Council adjust staffing in the Police
Ordinance No.26497-10-2023 Page 1 of 3
Department by decreasing the number of positions in the classification of Sergeant by one(1) and increasing
the number of authorized positions in the classification of Police Officer by one(1) in order to effectuate the
intent of the Meet and Confer Agreement and to reflect the classification in which the current POA president
serves and that the City Council thereafter prescribe the number of authorized positions in the Police
Department to conform with the proposed changes as set forth below in order to effect efficient economy of
the operations of the Police Department.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS:
1. That, following the formal adoption of this ordinance,the following positions shall
be the only sworn positions in each classification(rank)authorized in the City of Fort Worth Police
Department effective October 1, 2023, until modified by subsequent ordinance:
Assistant Chief 3
Deputy Chief 6
Commander 6
Captain 17
Lieutenant 50
Sergeant 212
Corporal/Detective 262
Police Officer 1319
Total 1875
2. That 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.
3. That 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 police 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.
4. That 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
Ordinance No.26497-10-2023 Page 2 of 3
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.
5. That this ordinance shall be effective October 1, 2023,and it is so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Denis C. McElroy,Assistant City Attorney Jannette S. Goodall, City Secretary
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Ordinance No.26497-10-2023 Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/17/23 M&C FILE NUMBER: M&C 23-0843
LOG NAME: 03FY24 PD STAFFING CORRECTION
SUBJECT
(ALL)Adopt Ordinance Making Technical Correction to Police Department Staffing Effective October 1,2023,to Reflect Change in Rank of
Individual Serving as President of the Fort Worth Police Officers Association
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance to reflect Civil Service staffing in the Police Department,effective October 1,
2023.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)and the attached ordinance is to make a technical correction in the authorized
staffing of the Police Department for Fiscal Year 2024.
The current Meet and Confer Labor Agreement between the City and the Fort Worth Police Officers Association was approved in June 2020
(M&C 20-0356;CFW Contract Number 54366)(MCA). In the MCA the City agreed to create one additional position to accommodate the
President of the Fort Worth Police Officers Association(POA) in order to allow the individual serving in that role to conduct union business using
donated leave hours without reducing the full complement of authorized positions available to conduct police business.
From the time the that contract went into effect through early this calendar year,the POA President was an individual serving in the rank of
sergeant. Following the approval of the MCA,an additional position was created in the sergeant classification with the understanding that such
position was intended,through subsequent ordinances,to be eliminated and replaced with another position in the appropriate classification as an
existing president changed ranks or when another individual,serving in a different rank,assumed such role. (M&C 20-0679;Ordinance 24421-09-
2020).
The individual who had been serving as POA President separated from the City effective February 11,2023,and the Association elected an
individual serving in the rank of officer as president. Per the intent of the MCA expressed in M&C 20-0679,an ordinance should have been
brought to the City Council to delete the POA sergeant position and add a POA officer position,with such change to be effective as of when the
prior president separated from the City.
Because the POA sergeant position did not get deleted before the City was required to promote individuals based off the April 20,2023 sergeant
list,an individual was promoted into that spot as required by state law,and the position has generally been continually filled since that time.
On September 19,2023,the City Council approved its Fiscal Year 2024 budget. That budget included funding to add four(4)sergeants,five(5)
corporal/detectives,and sixty-three(63)police officers effective October 1,2023,and a staffing ordinance to effect those changes was approved
on the same date(M&C 23-0784; Ordinance -09-2023).
In order to correct the classification/rank of the POA position,that M&C could and should have(A)added only three(3)sergeants,effectively
"converting"the"POA"sergeant position into regular staffing one,and(B) increased the police officer rank by sixty-four(64),adding a"POA"
officer position to reflect the rank of the current president. However,due to an oversight,the issue of the POA position was not addressed.
Approval of this M&C and adoption of the attached ordinance will align the department's staffing with the intent of both the adopted budget and the
MCA.
Approval of the attached ordinance would result in revised authorized civil service staffing levels to be effective October 1,2023,as follows:
Ord. Revised
Position Authorized Change Authorized
Positions Positions
Assistant Chief 3 0 3
Deputy Chief 6 0 6
Commander 6 0 6
Captain 17 0 17
Lieutenant 50 0 50
Sergeant 213 -1 212
Corporal/Detective262 262 0 262
Police Officer -1318 +1 1319
Total 1875 0 1875
Funding is budgeted in the General Fund and Crime Control&Prevention Distribution Fund,with costs associated with the POA president
position to be covered from savings in other line items.
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 recommendations and adoption of the Fiscal Year 2024 Budget by the City
Council,funds will be available in the Fiscal Year 2024 operating budget,as appropriated of the General Fund and Crime Control&Prev Dist
Fund,to support approval of the recommendation. Prior to an expenditure being incurred,the Police Department has the responsibility to validate
the availability of funds.
Submitted for City Manager's Office bk Fernando Costa 6122
Originating Business Unit Head: Neil Noakes 4212
Robert Alldredge 4131
Additional Information Contact: Leo Luna 4229