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Home My WebLink AboutOrdinance 20992-10-2013 ORDINANCE NO. 20992-10-2013 AN ORDINANCE AMENDING THE FIRE DEPARTMENT STAFFING ORDINANCE NO. 20522-12-2012, TO REMOVE TWENTY-FOUR POSITIONS IN THE FIREFIGHTER CLASSIFICATION; CHANGING THE RANK TITLE OF "DEPUTY CHIEF" TO "ASSISTANT CHIEF"; CHANGING THE RANK TITLE OF "DIVISION CHIEF" TO "DEPUTY CHIEF"; ADJUSTING THE TOTAL NUMBER OF AUTHORIZED POSITIONS AT EACH CLASSIFICATION (RANK) IN THE FIRE DEPARTMENT FOR FISCAL YEAR 2013-2014; PROVIDING FOR ADOPTION BY REFERENCE OF A STATEMENT OF INTENT AND PURPOSE IN ADOPTING THIS ORDINANCE; 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 arid/or adjust the authorized number of positions in each classification (rank) by ordinance; and WHEREAS, on December 1.1, 2012, the City Council adopted Ordinance 20522-12- 2012, which established the Fire Department's sworn personnel staffing levels, effective December 11, 2012, as follows: Deputy Chiefs 3 Division Chiefs 4 Battalion Chiefs 24 Captains 86 Lieutenants 122 Engineers 202 Firefighters 467 TOTAL 908 WHEREAS, on September 17, 2013, City Council approved the FY2013-2014 City of Fort Worth budget which eliminated twenty-four Firefighter positions; and WHEREAS, to better adhere to ranking structures with all of Fort Worth's peer and benchmark fire departments, the City Council desires to change the rank titles of"Deputy Chief' to "Assistant Chief' and "Division Chief' to "Deputy Chief," and adjust the total number of authorized positions at each classification (rank) in the Fire Department to comport with the budgeted positions; and Ordinance No, 20992-10-2013 Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. That, effective immediately upon the adoption of this ordinance, the following positions shall be the only positions in each classification (rank) authorized in the City of Fort Worth Fire Department, until modified by subsequent ordinance: Assistant Chiefs 3 Deputy Chiefs 4 Battalion Chiefs 24 Captains 86 Lieutenants 122 Engineers 202 Firefighters 443 TOTAL 884 SECTION 2. The classification (rank) immediately below the Fire Chief is Assistant Chief. Tile classification (rank) immediately below Assistant Chief, and immediately above Battalion Chief, is Deputy Chief. SECTION 3. The Mayor and Council Communication ("M&C") that 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 4. 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 S. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and ph-rases 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 ph-rases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the Ordinance No. 20992-10-2013 Page 2 of 3 incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. 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: Assistant City Attorney Mary J. ity ecretary ADOPTED AND EFFECTIVE: October J-5, 2013 Ordinance No. 20992-10-2013 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication ./,r, ii....✓.. a.i,r.,c if riilTG, ii✓?'i ..l o/!O .!✓✓,✓//J/1l/J .60✓., ✓011Pi m� /,ll//®Y COUNCIL ACl'ION: Approved,on 10/15/2013 - Ordinance Nos. 20991-10-2013 & 20992-10- 2013 DATE: Tuesday, October 15, 2013 REFERENCE NO.: **G-18036 LOG NAME: 36FIRESTAFFING2014 SUBJECT: Adopt Ordinances Amending Ordinance No. 20522-12-2012, the Fire Department Staffing Ordinance, and Amending Part Il, 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 Il, 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 I 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 Fund/Account/Centers 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) Logname: 36FIRESTAFFING2014 Page 2 of 2