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HomeMy WebLinkAboutIR 7738 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7738 i GNpRTER� July 13, 1993 �o >y To the Mayor and Members of the City Council J Subject: PROCESS FOR ADOPTION AND REVISION OF PERSONNEL Hers REGULATIONS Background: Prior to 1979, the City's personnel regulations were developed by the Personnel Department and approved by the City Manager; this practice had been in effect at least since 1960. In 1979, the City Attorney issued an opinion that personnel regula- tions should be approved by the City Council in accordance with the provisions of the City Charter in effect at that time. In 1981, the City Charter was revised, changing the language to read: "Consistent with all applicable federal and state laws, the City Council shall provide by ordinance for the establishment, regulation and maintenance of a Merit System, governing personnel policies, grievances and other procedures and practices necessary to the effective administration of employees of the City of Fort Worth. " An ordinance (Ord. No. 8486) establishing a system of personnel administration was approved by the City Council in December 1981. The ordinance established a personnel system based on modern civil service principles. Under this ordinance, which is still in effect, personnel regulations/policies are prepared by the Personnel Director, approved by the City Manager and proposed to the City Council. The Council may, by resolution, adopt them with or without amendment. Since 1981, additions and revisions to the personnel regulations have been approved by the City Council. The majority of revisions to the City's personnel regulations have been minor changes, usually to clarify existing regulations. In the past year, staff has discussed whether or not Council approval of personnel regulations was a necessary or appropriate step in the process. It is the City Attorney's position that approval by the City Council is not required by the current City Charter. However, the City Council must revise Sec. 2-183 of the Code of the City of Fort Worth to permit final approval of new or revised regulations by the City Manager. The purpose of this informal report is to seek the City Council's guidance on the role, if any, it wishes to have in approving new or IF revising existing personnel regulations. The City Co xp-UUff����, lrat to consider several options: ;,.5� CITY SECIMARY FT. RUN, TEX. ISSUED BY THE CITY MANAGER - FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7738 GNpRTERFO Page 2 3,f 12 93 o >� To the Mayor and Members of the City Council g F 'E x Subject: PROCESS FOR ADOPTION AND REVISION OF PERSONNEL gars REGULATIONS (1) Continue the current practice as outlined in City Ordinance No. 8486. (2) Revise the City ordinance, giving the City Manager sole authority to approve and revise personnel regulations. (3) Revise the ordinance to specify which types of regulations e.g. , those entailing major policy changes, would require Council approval, leaving the remainder to the discretion of the City Manager. it (4) Revise ordinance to give City Manager final approval but require notification to Council of all changes before the regulations become effective. The staff is prepared to move forward with any option selected by the City Council. C", (2 ' Bob Terrell City Manager BT:n RCIAL RECD"C CITY SECRET'" fT. WORTH, ia- . ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS 1964 AIM Ctr cNAlz�e C 'T7 °F �T" CfTY SECRETARY FT. WORTH, TEX. who shall be a member and filled, Examiner shall lo also act as Secretary. he Board ma y ap- the acbyproper ndprescri edformt point such other subordinates as may by the Director of Finance. appropriation of the Council be provided Section 6. Board to Provide for Promo- for. tions in the Classified Service.—The Board Section 3. Civil Service Divided Into Un- shall vrovide for promotion to all positions classified and Classified Service.—The Civil in the Classified Service on records of Service of this City is hereby divided into merit, efficiency, character, conduct and the Unclassified and Classified Service, to- seniority. wit: Section 7. Probation Period.—Appoint- 1. The Unclassified Service shall include: 'or promotion in the lassified Service (a) The City Manager and his Secretary' shall not be deemed complete until a period (b) The heads of departments, assistant of probation of three months shall have heads of departments members of ap- elapsed. A probationer may be discharged pointive boards, the fudge of the City, or reduced at any time within said period Court and the City Secretary. by the City Manager or the head of the (c) The labor class which shall include department in which said probationer is i all ordinary unskilled labor. employed. I charge of Employe After 2. The Classified Service shall comprise Section 8. Dis all positions not specifically included by this Probation Period.—Any officer or employe Charter in the Unclassified Service. There in the Classified Service may be removed, shall be in the Classified Service two classes suspended, laid off, or reduced in grade by 1 to be known as the Competitive Class and the City which her the employed a depart- the the Non-Competitive Class, to-wit: three months probation period has expired; (a) The Competitive Class shall include but, if demanded by such officer or employe, all positions and employment for which it it shall be the duty of the officer discharg- is practicable to determine the merit and ing him to furnish him with a written state- fitness of applicants by competitive exami- e t of the reasons therefor, and the said nation. discharged or reduced officer or employe (b) The Non-Competitive Class shall con- shall have the right to demand a public sist of all positions requiring peculiar and hearing upon said charges within a reason- , exceptional qualifications of a scientific, able time thereafter before the Trial BoardJ managerial, professional or educational as hereinafter defined. character, as may be determined by the Section 9. Trial Board.—There is hereby rules of the Board. created, for the purpose of hearing and de- Section 4. Civil Service Board to Adopt termining charges made against any officer Rules and Regulations for Government of or employe of the City in the Classified Body, Subject to Approval of Council.—The Service, a board to be known and designated Civil Service Board, subject to the approval as the Trial Board, which shall be composed1 of the Council, shall adopt, amend and en- of two members of the City Council, se- II force a Code of Rules and Regulations pro- lected by the Council, and either the Chair- viding for appointment and employment in man or Vice-Chairman of the Civil Service all positions in the Classified Service based Board. The said Board shall have final upon merit, efficiency, character and indus- jurisdiction to hear and decide all appeals try, ,vhich shall have the force and effect made to them by any discharged or reduced of law; also rules regulating reduction of officer or employe in the Classified Service, , force of employes and in what order they and the judgment or decision of a majority 1 shall be dismissed and reinstated; shall of said Board shall be final. Any aggrieved make investigations concerning the enforce- officer or employe,who desires to avail him- ment and effect of this section of the Char- self of the right to appeal to said Board, ter and of the rules adopted under the must do so promptly and within ten day s r' powers herein granted. It shall make an from the date of his notification of dismis- annual report to the City Council at the sal or reduction. He ma} be represented by end of e-+ch fiscal year, giving a complete counsel and shall have the right to an open item:zec; statement of all expenditures paid hearing and to compel the attendance of or incurred by it, and containing such rec- such witnesses as he may desire to testify ommendations with regard to improving the in his behalf. The appeal to said Board ef,';6ency of the Civil Service as it may shall not suspend the execution of the order deem advisable. of dismissal or reduction pending said hear- Section 5. Lists of Eligibles to Be Pro- ing. The Trial Board may either sustain vided and Maintained by Board.—The Chief or reverse the action of the City Manager Examiner shall provide for examinations in or the head of the department, or modify of accordance with the regulations of the and amend the same as to them may seem Board, and maintain lists of eligibles to just and equitable under all the facts and each class of the Service of those meeting circumstances of the particular case. the requirements of said regulations. Po- Section 10. Three or More Citizens' sitions in the Classified Service shall be Right to Appeal to Civil Service Board for filled from such eligible lists upon requisi- Removal or Reduction of officers or Em- tion of the City Manager. As employments ployes in the Classified Service List on Ac- 36 C trY cliX&TC2, 0-,Ty of FoAr vJof-Tf+, Iqq I But upon such payment by the City, the contractor shall endorse and assign to the City, without recourse,all notes,contracts, liens or other securities or obligations given to said con- tractor by owners of abutting property to secure the payment of the cost of such im- provements. The owners of property against whom and whose property, however, two-thirds of said cost shall have been assessed, shall pay the same to the City or its assigns, in in- stallments, as above set forth. But such owner shall have the privilege of discharging said in- stallments before maturity by paying same with accrued interest to date of payment. Payments so made to the City, or the proceeds of said assessments, if sold by the City,shall become part of the permanent street improvement fund and be sacredly preserved therein,and shall not be used in any manner except to make other permanent street improvements, where the cost or part thereof is assessed against abutting property or its owners. Section 15. Improvements—Certificates,Form of--Executed by Mayor--Street Improve- ment Fund.—The City Council may also authorize the issuance by the City of assignable cer- tificates against abutting property owners or against persons, firms, corporations or estates using or occupying highways. Such certificates shall be payable to the contractor, or to the City, should the City pay the whole cost of improvements, as set out in Section 14, and the City Council shall fix the form and terms of such certificates. The recital in such certificates that proceedings with reference to such improvements have been made in compliance with the terms thereof,and that all prerequisites to the fixing of the lien and charge of personal liability evidenced by such certificates have been performed,shall be prima facie evidence of the facts so recited,and no other proof thereof shall be required, but in all courts the said proceedings and prerequisites shall,without further proof,be presumed to have been had and performed. Such certificates shall be executed by the Mayor and attested by the City Secretary, or such other officer as may be designated by the City Council, with the corporate seal. Such cer- tificate, when payable to the City, may be sold by it as may be provided by the City Council, and the proceeds of said sale shall become part of the permanent street improvement fund. Section 16. Improvements--Validation of old contracts. --The City of Fort Worth having heretofore entered into contracts for the pavement of streets or begun proceedings looking thereto,all provisions of the preceding Charter and ordinances of the City of Fort Worth pro- viding for the construction of such improvements or assessment of the cost thereof against owners of abutting property and their property, or the enforcement of such assessment shall remain in full force for the purpose of effecting the construction of the said improvements and assessing and collecting the cost thereof, and all contracts entered into by the City of Fort Worth heretofore for the same are hereby validated. Section 17. That all of the powers conferred by the Act of the First Called Session of the Fortieth Legislature,authorizing cities to improve streets and alleys and make assessments for same, known as Chapter 106, and found on page 489 of said Session Laws, be ad6pted as an alternative method, the provisions of which act, or any one of them may be exercised by the City Council or other governing authority whenever it is deemed advisable so to do. CHAPTER XXIII. MERIT SERVICE. Consistent with all applicable federal and state laws, the City Council shall provide by or- dinance for the establishment, regulation and maintenance of a Merit System, governing per- sonnel policies, grievances and other procedures and practices necessary to the effective ad- ministration of employees of the City of Fort Worth. CHAPTER XXIV. ASSESSMENT AND COLLECTION OF TAXES—PROVISIONS RELATIVE TO ISSUANCE AND SALE OF BONDS. Section 1. Assessment of Taxes. --The Assessor and Collector of Taxes shall make up the assessments of all property for taxation in the City, including franchise license, and occupa- tion taxes, and make rolls therefor, and, on completion of said rolls t !a��Qor n� 110 the City Council for their action. He shall have power and authority i 22. CITY SECRETARY ' FT. WORM, TEX. Co DE of 7NC GTY OF Rgj _T 4t1DRJ:t1, 10193 8S ADMINISTRATION ? 2-1ST. the charges against the employee are sustained (b) No officers or employees of the city shall be or slot sustained, and the action which the com- an officer of a political party or hold political mission recommends concerning the employee's office during their employment. appeal. The commission may, in its discretion, (c) Nothing contained in this section shall of recommend that an employee be awarded all or feet the right of employees to hold membership part of his back pay when the commission finds in, and support, a political part}, to vote as they that such action %vould be appropriate in the in- choose, to express privately their opinions on all terest of justice. political subjects and candidates, to maintain po- (i) The personnel commission may, on its own litical neutrality and to attend political meetings. motion or on the motion of the department head, tOrd. No. 8486, § 1, 12-15-81) division head or employee, order that the hearing of an appeal be postponed. When the employee is Sec. 2-186. Unlawful acts. notified that his appeal is set for hearing and (a) No persons shall make any false statement, fails to appear at such hearing or request a post- certificate, mark, rating or report with regard to ponement',the commission may dismiss the appeal. any test, certification or appointment made under (Ord. No. 8923, § 1, 9-20-83) any provision of this article or in any manner commit or attempt to commit any fraud prevent- ing the impartial execution of the provisions of (a) The personnel director shall prepare person- this article and policies under this article. nel policies. When approved by the city manager, (b) No person shall, directly or indirectly, give. the policies shall be proposed to the city council, render, pay, offer, solicit or accept any money. and the council may, by resolution, adopt them service or other valuable consideration for any with or without amendment. The personnel poli- appointment, proposed appointment, promotion or cies shall provide for such rules, practices and proposed promotion to, or any advantage in, a procedures as necessary for the effective adminis- position in the career service. tration of the city's merit system. (c) No employee of the personnel department. (b) Employees may submit at any time written examiner or other person shall defeat,deceiver or suggestions for amendments to the personnel pol- obstruct persons in their right to examination. icies. Suggested amendments should be submit- eligibility, certification or appointment under this ted to the personnel director. article or furnish to any person any special or (Ord. No. 8486, § 1, 12-15-81) secret information for the purpose of affecting the rights or prospects of any person with respect to Sec. 2-184. Certification of payroll vouchers. employment in the career service. The personnel director or his authorized repre- (d) No person shall fail or refuse to comply with sentative shall be responsible for certifying that a subpoena issued by the personnel commission, the persons named on payroll vouchers have been or its designated hearing officer, in conducting a appointed and employed in accordance with the hearing on an employee appeal. provisions of this article. (Ord. No. 8486, § 1, 12-15-81; Ord. No. 8923, § 1, (Ord. No. 8486, § 1, 12-15-81) 9-20-83) Sec. 2-185. Political activities. Sec. 2-187. Penalties. (a) No officers or employees of the city shall, (a) Any person who wilfully violates any proyi- directly or indirectly, solicit or receive or be in sion of this article shall be guilty of a misdemeanor any manner concerned in soliciting or in receiv- and subject to punishment as provided in section ing any assessment, subscription or contribution 1-6 of this CoderOFFICIAL for any political party or for any political purpose RECORD whatever.Supp.No.21 SECRETARY 137 WORTH, TEX,