HomeMy WebLinkAboutOrdinance 20991-10-2013 ORDINANCE NO. 20991-10-2013
AN ORDINANCE AMENDING SECTIONS 13-23, 13-24, AND 13-26 OF
CHAPTER 13, "FIRE APPOINTEES", OF THE CODE OF THE CITY OF
FORT WORTH (AS AMENDED); CHANGING THE REFERENCES
THEREIN TO THE RANKS OF "DEPUTY CHIEF" TO "ASSISTANT
CHIEF", ESTABLISHING THE PLACEMENT OF THE RANK OF
"DEPUTY CHIEF"; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT HEREBY KNOWN.-
WHEREAS, pursuant to Chapter 143,021(a), Texas Local Government Code, the City
Council may prescribe and/or adjust the authorized number of positions in each Fire Department
classification (rank) by ordinance; and
WHEREAS, the City Council desires to change the current classification (rank) of Fire
Department "Deputy Chief' to "Assistant Chief' and establish the placement of the rank of
"Deputy Chief"; and
WHEREAS, the City Council desires to amend Sections 13-23, 13-24 and 13-26 of
Chapter 13, "Fire Appointees", of the Code of the City of Fort Worth (as amended) to address
the desired classification (rank) changes; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION 1.
That Section 13-23, of Chapter 13 of the Code of the City of Fort Worth (1986), as
amended, IS HEREBY further amended to amend the Section title and 13-23(a), to read as
follows:
Sec. 13-23. — Executive assistant chief
(a) The fire chief may designate one officer from the classification immediately
below that of fire chief, who, in addition to that officer's regular duties, will
be assigned the duties of executive assistant chief, and who will perform the
following specialized functions of the department:
Ordinance No. 20991-10-2013
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SECTION 2.
That Section 13-24, of Chapter 13 of the Code of the City of Fort Worth (1986), as
amended, IS HEREBY further amended to amend Section 13-24(b) to read as follows:
(b) The fire chief shall have the authority to select and appoint up to four (4)
persons to the classification of deputy chief, which will be immediately below
that of assistant chief and immediately above that of battalion chief.
SECTION 3.
That Section 13-26, of Chapter 13 of the Code of the City of Fort Worth (1986), as
amended, IS HEREBY further amended to read as follows:
The fire chief shall appoint an assistant chief to serve as assistant chief in charge
of the bureau of fire prevention, and such other members of the bureau from the
ranks of the fire department. Such assistant chief and other officers shall serve
without additional compensation. The members of the bureau of fire prevention
shall be empowered to enforce the provisions of the fire code, and to issue such
permits as are required by the fire code, and to issue citations for violations of the
fire code, and to conduct other investigatory functions as specified in the fire
code.
SECTION 4.
The Mayor and Council Communication ("M&C") which is presented
contemporaneously with this ordinance is hereby expressly incorporated herein by reference for
further clarification and explanation of the purposes and intent of the Council in their adoption of
this ordinance.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance 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
effect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
Ordinance No. 20991-10-2013
Page 2 of 3
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 7.
This ordinance shall take effect and be in full force and effect from and after its passage,
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
d
K
Assistant City Altom'e-y Mary J. Ka#e#C fty Sleretary
ADOPTED AND EFFECTIVE: October 15 2013
Ordinance No. 20991-10-2013
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL A►CTION:, Approved on 10/115/2013 - Ordinance Nos. 20991-10-2013 & 20992-10-
2013
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DATE: Tuesday, October 15, 2013 REFERENCE NO.: **G-18036
LOG NAME: 36FIRESTAFFII14G2014
SUBJECT:
Adopt Ordinances Amending Ordinance No. 20522-12-2012, the Fire Department Staffing Ordinance, and
Amending Part ll, Chapter 13, Sections 13-23, 13-24 and 13-26 of the Fort Worth City Code to Change the
Title of the Rank of Deputy Chief to Assistant Chief and Establish the Place of the Rank of Deputy Chief,
Formerly Known as Division Chief, Within the Fire Department (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt an Ordinance amending Ordinance No. 20522-12-2012, the Fire Department Staffing Ordinance,
to reflect the reduction of twenty-four Firefighter positions approved by City Council as part of the Fiscal
Year 2014 budget process, and to change the titles of the ranks of"Deputy Chief' to "Assistant Chief' and
"Division Chief" to "Deputy Chief' as agreed in a Memorandum of Understanding executed as part of
Fiscal Year 2013 Collective Bargaining Agreement negotiations with the Fort Worth Firefighter's
Association Local 440; and
2. Adopt an Ordinance amending Part II, Chapter 13, Sections 13-23, 13-24 and 13-26 of the Fort Worth
City Code to change all references from "Deputy Chief' to "Assistant Chief' and to identify the placement
in the chain of command of the rank of"Deputy Chief' formerly known as "Division Chief.”
DISCUSSION:
On September 17, 2013, the City Council approved the City of Fort Worth Fiscal Year (FY) 2014 budget
which calls for the elimination of 24 Firefighter positions for the Fort Worth Fire Department. As a result,
Ordinance No. 20522-12-2012, the Fire Department Staffing Ordinance, requires amendment to reflect
this new authorized staffing level.
As part of FY2013 Collective Bargaining Agreement negotiations with the Fort Worth Firefighter's
Association Local 440, the City and Association executed a Memorandum of Understanding (MOU)
expressing mutual agreement with a change in titles for the current ranks of"Deputy Chief' and "Division
Chief'. In order to better adhere to ranking structures with all of Fort Worth's peer and benchmark fire
departments, the rank of"Deputy Chief' will change to "Assistant Chief' and the rank of"Division Chief'
will change to "Deputy Chief." There is no rate of pay adjustment required or included in this ordinance
amendment request, only title changes.
As a result of these ordinance changes, the City Code will require amendment. Part II, Chapter 13,
Sections 13-23, 13-24 and 13-26 references the rank immediately beneath the Fire Chief as "Deputy
Chief'. All of these references will be amended to read "Assistant Chief'. The rank of"Deputy Chief' will,
after the amendment, be identified as the rank immediately below Assistant. Chief, and immediately above
Battalion Chief.
Logname: 36FIRESTAFFING2014 Page 1 of 2
FISCAL. INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fu nd/Accou nt/C enters
GG01 514010 036XXXX $0.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Rudy Jackson (6801)
Additional Information Contact: Scott Hanlan (6803)
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