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HomeMy WebLinkAboutOrdinance 20958-09-2013 ORDINANCE NO. 20958-90-2013 AN ORDINANCE ADJUSTING THE TOTAL NUMBER OF AUTHORIZED SWORN POSITIONS IN THE POLICE DEPARTMENT BY DECREASING FORTY-SIX POSITIONS IN THE CLASSIFICATION OF OFFICER; PROVIDING A STATEMENT OF PURPOSE AND INTENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF PRIOR NON-CONFLICTING ORDINANCES AND SHALL REPEAL PRIOR 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(i) prescribe the number of positions in each classification; and WHEREAS, on December 18, 2012, the City Council adopted Ordinance 20542- 12-2012, which established the Police Department's sworn personnel staffing levels, effective December 18, 2012 as follows: Deputy Chief 3 Major 5 Captain 15 Lieutenant 46 Sergeant 165 Corporal/Detective 212 Police Officer 1,149 Total 1,595; and WHEREAS, on March 26, 2013, the City Council adopted Ordinances 20675-03- 2013, which re-designated the classification of"Deputy Chief' as "Assistant Chief' and re-designated the classification of"Major" as "Deputy Chief," effective March 26, 2013, in accordance with the new Meet and Confer Labor Agreement between the City of Fort Worth and the Fort Worth Police Officers Association and which established the Police Department's sworn personnel staffing levels as follows: Ordinance No.20958-09-2013 Page I of ............ Assistant Chief 3 Deputy Chief 5 Captain 15 Lieutenant 46 Sergeant 165 Corporal/Detective 212 Police Officer 1,149 Total 1,595; and WHEREAS, the Police Chief has requested that the City Council readjust the number of authorized positions within existing classifications and 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: 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, 2013, until modified by subsequent ordinance: Assistant Chief 3 Deputy Chief 5 Captain 15 Lieutenant 46 Sergeant 165 Corporal/Detective 212 Police Officer 1,103 Total 1,549 Ordinance No.20958-09-2013 Page 2 of 4 .......... SECTION 2. The "Mayor and Council Coououoication" rueo/orondunu, vvhiob is p,cncob:d contemporaneously with this ordinance, is hereby expressly incorporated herein by n:6:rsocc 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 (1986), as amended, except v/bece the provisions of this ordinance are in direct conflict with the provisions of prior police staffing ordinances for the Police Department, such Code, or the Fiscal Year 2014 budget appropriation ordinance outlining different police staffing, in which event conflicting provisions nfsuch prior ordinances and such code provisions are hereby repealed and this ordinance shall becontrolling. SECTION 4. It is hereby duo|ucnd to be the intention of the City Council that the neohoue, paragraphs, 000hooces, clauses and phrases of these ordinances are severable, and if any pbzuuc, clause, xuz0oouu, paragraph or section of this ordinance shall he dooiucod uocooydhuboom] by the valid judgment or dcurVo of any court of competent jurisdiction, such unconstitutionality shall not affect any uf the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Ordinance No.20958-09-2013 Page 3of4 City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This ordinance shall take effect on October 1, 2013. APPROVED AS TO FORM AND LEGALITY: 4 Astant'h VAttorney iWry'r K y r, it S cretary A all, ADOPTED: September 24, 2013 EFFECTIVE: Ordinance No.20958-09-2013 Page 4 o£4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9124/2013 - Ordinance No, 20958-09-2013 DATE: Tuesday, September 24, 2013 REFERENCE NO.: **G-18015 LOG NAME: 35STAFFING ORDINANCE - SWORN PERSONNEL REDUCTIONS SUBJECT: Adopt Ordinance Decreasing the Number of Authorized Positions in the Classification of Officer by Forty- Six, Thereby Decreasing the Total Number of Authorized Civil Service Positions in the Police Department by Forty-Six (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance prescribing the number of authorized sworn positions in each classification of the Police Department and decreasing the number of authorized Officer positions by forty-six, thereby reducing the total authorized civil service staffing of the Department by forty-six positions to 1,549. DISCUSSION: On September 17, 2013, the City Council approved the Fiscal Year 2014 budget (Ordinance 20952-09- 2013), which included a reduction of 52 General-Fund funded authorized positions (APs)for sworn personnel in the Police Department. As part of the budget, six General-Fund funded positions in the Narcotics and Traffic Enforcement units were eliminated, but those reductions were offset by an increase of six APs in the Crime Control and Prevention District Fund for the School Security Initiative Program. Thus, the net total number of positions being reduced was actually forty-six. Approval of this M&C will amend the Police staffing portion of the budget appropriation ordinance adopted on September 17, 2013, by retaining one Sergeant position and one Detective/Corporal position and instead eliminating two additional vacant Officer positions. The Department will reallocate salary savings in order to cover additional costs associated with retaining these two higher ranking positions. No adjustment will be required to the Police Department's budget as adopted on September 17. The 46 eliminated positions are unfilled vacancies and consist of: • two Officer positions in the Mounted Patrol unit; • five Officer positions in the Traffic Enforcement unit; • two Officer positions in the Narcotics unit; • two Neighborhood Patrol Officer(NPO) positions; • two Officer positions in Central Patrol administration; • one Officer position in the South Patrol unit of the Patrol Bureau; • one Officer position in the Central Patrol unit of the Patrol Bureau; • thirty Patrol Officer positions that were added in August 2012 (M&C G-17647); and • one Officer position in the Administrative Support Command of the Finance and Personnel Bureau. These reductions will not result in the layoff of any sworn personnel and represent a savings to the City in the amount of$3,522,670.00. Management within the Police Department has made a good faith determination that these reductions in the authorized personnel are in the best interest of the City to Logname: 35STAFFING ORDINANCE - SWORN PERSONNEL REDUCTIONS Page I of 2 achieve necessary economic savings in light of current budget constraints. As noted during the budget work session on August 15, 2013, the Department will continually monitor crime statistics and Department staffing needs and will promptly advise the City Council if public safety requires the reinstatement of any eliminated positions. The City Council adopted its most recent authorized staffing ordinance for the Police Department on December 18, 2012 (Ordinance No. 20542-12-2012), which increased the total number of authorized positions to 1,595 effective December 18, 2012. That Ordinance was subsequently amended by Ordinance No. 20675-03-2013 to revise titles for certain classifications, in accordance with the terms of a new Meet and Confer Labor Agreement between the City of Fort Worth and the Fort Worth Police Officers Association, Approval of the attached ordinance would result in a new authorized staffing level as follows to be effective October 1, 2013: Position Current Authorized Staffing Authorized Staffing Levels Assistant Chief 3 3 Deputy Chief 5 5 Captain 15 15 Lieutenant 46 46 Sergeant 165 165 Corporal/Detective 212 212 Officer 1,149 1,103 TOTAL 1,595 1,549 FISCAL INFORMATION CERTIFICATION: The Financial Management Services Director certifies that this action will have no material impact on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Charles Daniels (6199) Jeffrey W. Halstead (4231) Originating Department Head: Daniel Garcia (4231) Shallah Graham (4229) Additional Information Contact: Penny Torres (4256) Logname: 35STAFFING ORDINANCE - SWORN PERSONNEL REDUCTIONS Page 2 of 2