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HomeMy WebLinkAboutOrdinance 27232-10-2024ORDINANCE NO.27232-10-2024 AN ORDINANCE ADJUSTING THE NUMBER OF AUTHORIZED SWORN POSITIONS IN THE POLICE DEPARTMENT EFFECTIVE OCTOBER 1, 2024, BY ADDING TWO POSITIONS THAT WILL MIRROR THE CLASSIFICATIONS OF INDIVIDUALS DESIGNATED BY THE FORT WORTH POLICE OFFICERS ASSOCIATION TO SERVE AS REPRESENTATIVES OF THE ASSOCIATION; 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; and WHEREAS, on September 17, 2024, the City Council adopted Ordinance 27185-09-2024, which established the Police Department's sworn personnel staffing levels, effective October 1, 2024, as follows: Assistant Chief 3 Deputy Chief 6 Commander 6 Captain 17 Lieutenant 50 Sergeant 216 Corporal/Detective 262 Police Officer 1,334 Total 1.,894; and WHEREAS, the City was recently advised that it was awarded a Bureau of Justice Assistance Virtual Reality De-escalation Site -Based Initiative Grant that requires addition of a position at the officer classification (authorized by M&C 23-0735); and WHEREAS, the recently approved successor meet and confer agreement between the City of Fort Worth and the Fort Worth Police Officers Association (FWPOA or Union) allows for the designation of two individuals whose job duties will consist of representing FWPOA and its members with the City empowered to appoint two additional sworn personnel in the same ranks as the Union representatives so that authorized strength is not negatively impacted; and WHEREAS, the Police Chief has requested that the City Council (i) create two positions to be designated as FWPOA Offset 1 and FWPOA Offset 2, with such positions mirroring the rank/classification of each FWPOA representative and (ii) `convert' the current FWPOA-related static officer position to regular authorized strength to meet the requirements of the grant, resulting in a net increase of two (2) positions in the Police Department, effective October 1, 2024, and thereafter prescribe the number of authorized positions in the Police Department to conform with Ordinance No. 27232-10-2024 Page 1 of 3 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: SECTION 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, 2024, until modified by subsequent ordinance: Assistant Chief Deputy Chief Commander Captain Lieutenant Sergeant Corporal/Detective Police Officer FWPOA Offset 1 FWPOA Offset 2 Total 3 6 6 17 50 216 262 1,334 1 1 1,896 Ordinance No. 27232-10-2024 Page 2 of 3 SECTION 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. SECTION 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. SECTION 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 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. That this ordinance shall be effective October 1, 2024, with respect to the change in positions as reflected above, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ATTEST: Denis McElroy, Asst. City Attorney ADOPTED: October 15, 2024 EFFECTIVE: October 1, 2024 Ordinance No. 27232-10-2024 & Az.�- Jannette S. Goodall, City Secretary Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/15/24 M&C FILE NUMBER: M&C 24-0918 LOG NAME: 35MCA FY25 STAFFING AND SALARY CHANGES SUBJECT (ALL) Adopt Updated Staffing and Salary Ordinances for the Police Department Effective October 1, 2024, to Reflect Changes Associated with the Approval of a New Meet and Confer Agreement and Addition of One Officer Position in Connection with the Award of a De-escalation Grant RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance to revise Civil Service staffing in the Police Department, effective October 1, 2024 to (1) reflect the terms of the new meet and confer agreement and provide for two positions to offset the personnel whose job duties consist of representing the Fort Worth Police Officers Association and (2) add an Officer position associated with the award of a de-escalation grant; and 2. Adopt the attached ordinance prescribing revised salaries for all peace officers in the Police Department, effective October 1, 2024 to reflect the terms of the new meet and confer agreement. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) and the attached ordinances is to take actions to adjust the staffing and salary for the Police Department for Fiscal Year (FY) 2025 to reflect changes associated with the recently approved meet and confer agreement (MCA) and to add a position in connection with a grant. Grant Related Position On September 13, 2023, the City Council authorized application for and acceptance of a Bureau of Justice Assistance (BJA) Virtual Reality De- escalation Site -Based Initiative Grant Program (M&C 23-0735). That M&C noted that, if awarded, a separate staffing action would be needed to add an officer position that will be grant funded. The City was initially informed that its application was declined. However, in September 2024 staff was advised that the solicitation had been reopened and that Fort Worth was being awarded. This project will study de-escalation training for officers responding to individuals in crisis, including people with physical, intellectual, and cognitive disabilities and individuals experiencing a mental health andlor substance use crisis. The attached staffing ordinance adds an officer position in connection with this grant. MCA -Related Changes On September 17, 2024, the Fort Worth City Council authorized approval of a successor meet and confer agreement between the City of Fort Worth and the Fort Worth Police Officers Association (FWPOA or the Union) to expire September 30, 2028 (M&C 24-0851). Staffing Ordinance Among the terms of the new agreement is a provision that allows the Union to designate two individuals whose job duties will consist of representing FWPOA and its members. This represents an increase from the past in which a single individual served in this role. Individuals assigned to these roles have their hours covered through donated leave from other individuals within the bargaining unit so that their time is compensated by union members rather than the City. The new agreement allows the City to appoint two additional swom personnel in the same ranks as the Union representatives so that authorized strength is not negatively impacted. Historically, the City Council has added a position at the same rank as the FWPOA representative. As movement occurred with that representative, Council has deleted the position of the outgoing person - at whatever rank they held - and added a position in the classification of the incoming person. These same deleting -and -adding actions were required if the person serving as FWPOA representative experienced a change in rank. Adoption of the attached ordinance will add two "floater" positions in addition to the police -needs -based authorized strength, with each "floater' position" tied to the rank of the specific individual serving as a FWPOA representative. The goal is to ensure that as individuals cycle in and out of these roles and/or promote, the offset position "moves" with them rather than having to process a separate staffing ordinance every time a FWPOA representative or their rank changes. As noted in the chart below, both of the individuals currently designated as FWPOA representatives are in the officer classification. The current authorized strength includes one "static" officer position for the current FWPOA representative. Rather than delete that position, adoption of the attached staffing ordinance will repurpose it to provide the grant -funded officer position. The chart below reflects changes in authorized strength from the most recent prior staffing ordinance (Ordinance 27184-09-2024). Staffing for FY2025 Classification FY2024 Changes in Today's Authorized Ordinance 27184- Ordinance Strength 09-2024 Assistant Chief 3 3 Deputy Chief 6 6 Commander 6 6 Captain 17 17 Lieutenant 50 50 Sergeant 216 216 Corporal/Detective 262 262 -1 FWPOA Police Officer 1334 1334 +1 Grant Position FWPOA Offset 1 (Officer) +1 1 FWPOA Offset 2 (Officer) 1 +1 Total 1894 2 1896 Salary Ordinance The adoption of the second ordinance will prescribe the salaries for each classification of peace officer in the Police Department for FY2025, in accordance with state law and the adopted labor agreement. The most recently adopted salary ordinance (M&C 24-0850) reflected the salary schedule for the "evergreen" period of the prior Meet and Confer Labor Agreement. With the new agreement having been approved by the City Council and ratified by the FWPOA members, a new salary ordinance must be adopted to reflect the updated salaries of the new agreement. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds are available in the current operating budget, as previously appropriated, in the General and Crime Control & Prev Distr Funds. Prior to an expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. Submitted for Cily Manager's O ice by: William Johnson 5806 Originating Business Unit -Head: Additional nform i n Contact, Neal Noakes 4212 Christianne Simmons 6222 Robert Alldredge 4131 Sydney Sexton 7806 Expedited