HomeMy WebLinkAboutOrdinance 15689ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V.,
HUMAN RESOURCES, SECTION 2-182 DISCIPLINARY APPEALS GUARD OF
THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY
C~IANGING SECOND THREE-YEAR TERI~I TO THIRD THREE YEAR TERM
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE,
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION, AND PROVIDING FOR AN EFFECTIVE
DATE.
Whereas, the City Council has excepted this Board among others from the
general requirements for Boards and Commissions regarding terms of services and
number of members (See Chapter 2, Article III, Division 3, Sectiotz 2-83),
Whereas, the City Council has determined that this Board would better be served
by longevity of the members because finding additional well-qualified citizens to serve
on the Board is difficult. Some Board members who have served admirably are willing
to remain on the Board for an additional three-year term.
NOW TI-IEREFQRE BE IT ORDAINED BY THE CITY COUNCIL OF TIDE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That Chapter ~, "ADMINISTRATION", Section 2-182, "DISCIPLINARY
APPEALS BOARD", of the C~~~1c afthe City ofI'ort 1~'~~rtlt, Tcx~is ~1986I. as amcllded,
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!~) There shal# ~~~ ,~~ ~?~~:i~~l~~:~;ir~, ;i~~F~"i;, ~~~~~r~~i. f~~~r"ili~r ~~~t11~~? the "?-,~~.;i~t?.,~
voters of the city and confirmed by the city council for staggered terms of three
{3) years. The members may be reappointed to a third three-year term. The
number of members on the board shall be as set from time to time by the city
manager. As nearly as reasonably possible, the membership of the board shall be
fairly representative of both sexes and of the various racial groups that comprise
the employees of the city. Vacancies shall be filled for the unexpired terms of
any members whose position on the board become vacant. AlI cases to be heard
by the board shall be heard by a panel of three {3) members. The members of the
panel for each case shat] be appointed by the chairperson of the board. A decision
of the board shall require the affirmative tiZate of at least two {2) members of the
panel. Panels of the board may hold simultaneous hearings. Members of the
board shall hold no salaried city office. The human resources director shall
provide staff assistance for the board.
{b) The board shall hold an organizational meeting in t7ctober of each odd-numbered
year and shall elect a chairperson and vice-chairperson from among its members
before proceeding to any other matters of business. Two-thirds {2l3) of the
members of the board shall constitute a quorum far the conduct of business at
such organizational meeting.
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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 3.
All rights and remedies of the City of Fart ~Varth, Texas, are expressly saved as to any
and all violations of the provisions of the ordinances amended in Section One (I), which have
accrued at the time of the effective date of this ordinance and, as to such accrued violations and
all pending litigation, both civil and criminal, 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 4.
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
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
at- ti~Clli~ll.
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newspaper of the City of Fart tVarth, Texas, as authorized by Section `~, Chapter X~V of the
Charter ofthe City of Fort ~Varth, Texas, and by Section 52.01 ~, Texas Local GotiTernment Code.
SECTION 6.
This ordinance shall be effective upon its passage and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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Date:
ADOPTED: I ~ "`~..
EFFECTIVE: ~ _ ~ ;
~`ity a. f .Fart T~artli, Texas
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DATE REFERENCE NUMBER LOG NAME PAGE
9/16/43 '~~~i-14088 14DAB 1 of 1
SUBJECT AMEND ORDINANCE EXTENDING ELIGIBILITY FOR THE TERM DISCIPLINARY
APPEALS BOARD
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 2,
Administration, Article V, Human Resources, Section 2-182, Disciplinary Appeals Board of the Gode of
the City of Fart Worth (1986}, as amended, by changing second 3-year term to third 3-year term.
DISCUSSION:
Ordinance No. 11921, entitled "Human Resources", provides far the establishment of a ten member
Disciplinary Appeals Board {DAB} to hear appeals and make determinations regarding the dismissal,
suspension, or demotion of non-civil service City employees. The current ordinance limits the
reappointment of members an the Board to a second 3-year term.
Finding well-qualified citizens to serve an the Board has been difficult. The current members of the
Board have fulfilled their responsibilities admirably and are willing to continue to serve. If this
amendment is not adapted, the terms of six {6} of the Board's current seven {7} members will expire
October 1, 2443. In addition, there are currently three {3} vacant positions on the Board. The DAB
meets an an as-needed basis, and involves only three {3} of the appointed members. In FY2441-2442,
the Board convened five times, and in FY2442-2443 it only convened twice.
Adoption of this ordinance will ensure that appeals are heard without unnecessary delays.
This matter was outlined in Informal Report No. 8523 dated September 9, 2443.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
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