HomeMy WebLinkAboutOrdinance 20934-09-2013 ORDINANCE NO.20934-09-2013
AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION"
ARTICLE V, "HUMAN RESOURCES", SECTION 2-I86, "POLITICAL
ACTIVITIES," OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED, TO PROVIDE THAT AN EMPLOYEE MAY
BECOME A CANDIDATE FOR PUBLIC OFFICE, IN ACCORDANCE WITH
STATE LAW; PROVIDING THAT' THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND NAMING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth adopted Ordinance No. 11921, codified as Chapter 2,
"Administration,"Article V, "Human Resources,"of the Code of the City of Fort Worth; and
WHEREAS, Section 2-186 of the Code of the City of Fort Worth prohibits certain political
activities by officers and employees of the City of Fort Worth; and
WHEREAS, the 83rd Texas Legislature passed House Bill 3739, codified in Chapter 150 of the
Texas Local Government Code, which forbids governmental entities from prohibiting an employee from
becoming a candidate for public office or taking disciplinary action against employees who become
candidates for public office; and
WHEREAS, Section 2-186 of the Code of the City of Fort Worth must be amended to align with
statutory requirements; and
WHEREAS, in order to implement the statutory changes, it is necessary to define the terms
"Employee" and "Officer," delineate officers from employees, and make other necessary changes to
allow a comprehensive reading of the section.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
Chapter 2, "Administration", Article V, "Human Resources", Section 2-186, "Political
Activities," of the Code of the City of Fort Worth(1986), as amended, is hereby further amended to read
as follows:
Sec. 2-186. Political activities.
(a) For purposes of this section:
(1) "Employee"means an employee of the City of Fort Worth.
(2) "Officer" means any person appointed by the Mayor or City Council to a board,
commission, or committee established by charter, ordinance, or state law, including
Ordinance No. 20934-09-2013
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Hearing Officers as defined in Chapter 2, "Administration," Article VII, "Code of
Ethics" of the Code of the City of Fort Worth,Texas(1986), as amended,
(3) The following are deemed not to be Officers:
(i) Municipal judges; and
(ii) Members of an advisory board, task force or any other conui-iittee that functions
only in an advisory or study capacity.
(b) Officers may not seek election to any public office or hold public office during their
appointment. Any Officer who becomes a candidate for nomination or election to any
public office shall immediately forfeit his or her position held with the city.
(c) Nothing herein shall prohibit an Employee from becoming a candidate for public office.
No disciplinary action shall be taken against an Employee, including terminating the
employment of the Employee solely because the Employee becomes a candidate for public
office. The Employee must fulfill all the duties and responsibilities associated with his or
her employment.
(d) Except as provided by Subsection (e), Officers and Employees may solicit or receive
subscription or contributions for any political party or for any political purpose while off
duty. Officers and Employees shall not be required to contribute to any political fund or
person seeking a political office-, and no Officer or Employee shall be removed, reduced in
classification or salary, or otherwise prejudiced by refusing to do so.
(e) The following Employees are prohibited from taking an active part in another person's
campaign for city council:
(1) Department heads;
(2) Assistant city managers;
(3) City attorney; and
(4) City manager;
Taking an active part includes, but is not limited to, making a political speech, making
financial contributions, distributing campaign literature, writing a letter, signing a petition,
and actively seeking votes.
No Employee shall take an active pail in any other person's political campaign for an
elective position while on active duty or in uniform.
(g) Employees may actively participate in referendum elections while off-duty. Employees
may wear city-issued uniforms for an off-duty political activity related to a referendum
election if the Employee was required to wear the city uniform as part of his or her on-duty
employment on the day of the political activity.
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(h) An Employee shall not, directly or indirectly, induce or attempt N induce any subordinate
of the Employee:
(l) To participate in an election campaign,contribute to a candidate or political corruTrittee,
or engage in any other political activity relating to u particular party, candidate, or
issue; or
.
(2) To refrain from engaging in any lawful political activity.
(i) /\ general statement merely encouraging another pocmou to vote does not violate section
2-l86(6).
�)
Except as provided by oohacchoo (e), nothing contained in this muiioo a6n|l affect the
6AhLy of OtDorm and Employees to support u political party, to uo\ as u precinct
chairperson, to vote as they choose in any election, to express their opinions on all political
subjects and candidates, tn publicly endorse candidates, no maintain political neutrality octo
attend political meetings.
SECTION 2.
This ordinance shall be cumulative of all provisions 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 the
provisions of this ordinance and such Code, in w1rich event conflicting provisions of such ordinances and
such Code are hereby repealed,
SECTION 3.
It is bccoby declared to be the intention of the City Council that the sections, parugmpbo,
sentences, clauses and phrases ofthis ordinance are severable, and, if any section, paragraph, sentence,
oluuoo or pbruao of this ordinance shall be declared unconstitutional by the valid judgineot or decree of
any court of oonopotuot jurisdiction, such unconstitutionality shall not affect any of the remaining
sections, paragraphs, aov|ou000' o|uuu*a and pkmoea of this ordinance, oiooc the nunoe would have been
enacted by the City Council without the incorporation in this ordinance ofany such unconstitutional
ybzaoe,clause, sentence, paragraph mrsection.
SECTION 4.
All rights and remedies of the City of Fort Worth, Ioxun are expressly saved as to any and all
violations o[the Code ofthe City ofFort Worth, or any other ordinances of the City, that have accrued ut
the time of the effective date of this ordinance; arid, as to such accrued violations and all pending
Ordinance No. 20934-09-2013
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litigation, both civil and chminal, whether pending in court or not under such ordinances, same shall not
be affected by this ordinance, but may be prosecuted until final disposition by the courts.
SECTION 5.
This ordinance shall take effect and be in full force and effect from and after the date of its
passage, and it is so ordained.
APPROVED AS TO FORM AI\TD LEGALITY
A
Charlene Sanders _ Mary Ka y c 'l
Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: September 17, 2013
Ordinance No. 20934-09-2013
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION; Approved on 9/17/2013 - Ordinance No. 20934-09-2013
DATE: Tuesday, September 17, 2013 REFERENCE NO.: **G-17997
LOG NAME: 12POI-ITICAL ACTIVITIES
SUBJECT:
Adopt Ordinance Amending Section 2-186, Political Activities, of Article V, Human Resources, of Chapter
2, Administration, of the Code of the City of Fort Worth, Texas, to Provide a Definition for an "Employee,"
Define Certain Appointed Persons as "Officers" and Provide that an Employee may Become a Candidate
for Public Office (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt ordinance amending Section 2-186, Political Activities, of
Article V, Human Resources, of Chapter 2, Administration, of the Code of the City of Fort Worth, Texas, to
provide a definition for an "Employee," define certain appointed persons as "Officers" and provide that an
employee may become a candidate for public office.
DISCUSSION:
The 83rd Texas Legislature passed House Bill 3739 which prohibits governmental entities from prohibiting
an employee from becoming a candidate for public office or taking disciplinary action against an employee
solely on the basis of the employee becoming a candidate for public office. Currently, Section 2-186 of
the Code of the City of Fort Worth, Texas, provides in part that employees of the City may not seek
election to any public office or hold public office during their employment with the City.
In order to comply with the requirements of House Bill 3739 and to create a clear delineation between
employees and officers, Staff proposes to amend Section 2-186 as follows:
- Add a new subsection (a) to define the terms Employee and Officer and to explicitly exclude
Municipal Judges, along with members of an advisory board, task force or any other committee
that functions only in an advisory or study capacity from the definition of Officer;
- Redesignate subsection (a)as subsection (b) and amend the subsection to delete the first
sentence regarding political parties, revise the remainder of the subsection to apply only to
Officers, and provide that Officers automatically forfeit their appointment if an Officer
becomes a candidate for public office;
- Add subsection (c) to add a provision protecting Employees who become a candidate for
public office;
- Redesignate subsection (b)as subsection (d);
- Redesignate subsection (c) as subsection (e) and provide that Department Heads,
Assistant City Managers, the City Manager and City Attorney may participate in their own
campaigns for public office, but may not participate in another person's campaign for
public office;
- Redesignate subsection (d) as subsection (f), subsection (e) as subsection (g), subsection
(f) as subsection (h) and remove references to officers;
- Remove last sentence from former subsection (f) and add as new subsection (i); and
- Redesignate subsection (g) as subsection (j) and amend reference to former subsection (c).
Logname: 12POLITICAL AC'FIVI'FIES Page I of 2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO F u nd/Accou nt/C enters FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (2689)
Originating Department Head: Sarah Fullenwider (8006)
Charlene Sanders (7611)
Additional Information Contact: Judy Lacker (8006)
Logname: 12POLITICAL ACTIVITIES Page 2 of 2