Loading...
HomeMy WebLinkAboutOrdinance 15703ORDINANCE NO. ~` AN ORDINANCE ADJUSTING THE TOTAL NUMBER OF AUTHORIZED GIVI~ SERVICE POSITIONS AT EACH CLASSIFICATION (RANK} IN THE FIRE DEPARTMENT FOR FISCAL YEAR 2003-2004; PROVIDING FOR THE GREATION OF THREE ADDITIONAL. ENGINEER POSITIONS; PROVIDING A STATEMENT OF PURPOSE AND INTENT; PROVIDING THAT THIS ORDINANCE SHALL BE GUMUIr4TIVE, PROVIDING A SEVERABIL.ITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City,s Supplemental Appropriation Ordinance and Ordinance Adjusting the Authorized Civil Service Strength in the Fire Department on February 8, 2000, Qrdinanee Nos. 14078 and 14079, adjusted the Department's Civil Service Staffing as follows: Deputy Chiefs 3 Battalion Ghief 23 Captain 79 Lieutenant 109 Engineer 172 Firefighter ~~ Total 745 WHEREAS, the Fire Chief requests that the Council readjust the total authorized number of Fire Department civil service positions at the classifications {ranks) retroactive to July 27, 2000, in conformity with the changes set forth below; and WHEREAS, pursuant to Chapter 143.021{a}, Texas Local Government Cade, the City Council may prescribe andlor adjust the authorized number of positions in each classification by ordinance; N4W, THEREFC}RE, BE IT QRDAINED BY THE CITY CC.~UNCIL OF THE CITY 4F FURT WORTH, TEXAS: h<~t. E~ffE~rt~.'(:' ir7~niE~f~ ,3"fs~, ,)E~r)r? thE~ <~~i;~1~t r_;,l cf th)s ,~~~;I~~~~rce. the ff)II(;~ti~~r~~J ;)(:)~ItlOfl5 Wc3~~ ~>E/' tflE' OII~',,' (:Idli SE;r.I(;F.' j)OSltlOrlS If` F',c3Cf1 C~c3SSlfl(;~3tIUl1 +I"~3(1 k.1 ~3Utr1OCI<'F'.(j in the City of Fort Worth FirE~~ De~artr~rent effective retroactively to July 27, 2000: Deputy Chiefs 3 Battalion Chief 23 Captain 79 lieutenant 109 Engineer 175 Firefighter ~.~ Total 745 SECTION 2. {increase of three} {decrease of three} That, effective immediately upon the adoption of this ordinance, Budget Ordinance No. 14286, Section I I., Fire Department, October 1, 2000, shall be amended to authorize the following positions as the only civil service positions in each classification (rank} authorized in the City of Fort Worth Fire Department: Deputy Chiefs 3 Battalion Chief 23 Captain 79 t_ieutenant 109 Engineer 179 Firefighter 8~2 Total 745 SECTION 3. (increase of three} (decrease of three} That, effective immediately upon the adoption of this ordinance, Ordinance Nos. 14715 and 14716, June 5, 2001, shall be amended to authorize the following positions as the only civil service positions in each classification (rank} authorized in the City of Fort Worth Fire Department: Deputy Chiefs 3 Battalion Chief 23 Captain 79 Lieutenant 110 Engineer 179 Firefighter ~~ Total 74(~ ;~~ (~; 1 iON 4 (increase of three} {decrease of three} ~ hat. eff~r~t-vE, ir~~mE~diatel,~ ui~c~n the adr~,~~ti~.~r~ of this ord~nanc;e. Ordinance No 14746, August 14. 2001 ~ shall be amended to authorize the following positions as the only civil service positions in each classification (rank) authorized in the City of Fort 'd~.'C)!"th ~Ir~' Df'~?~"3r+f7~E',rlt Deputy Chiefs 3 Battalion Chief 24 Captain 79 Lieutenant 110 Engineer 179 Firefighter .~~2 Total 747 SECTI{~N 5. {increase of three} {decrease of three} That, effective immediately upon the adoption of this ordinance, Ordinance No. 14755, August 21, 2001, shall be amended to authorize the following positions as the only civil service positions in each classification (rank} authorized in the City of Fort Worth Fire Department: Deputy Chiefs 3 Battalion Chief 23 Captain 79 Lieutenant 110 Engineer 179 Firefighter .~52 Total 746 SECTION 6. (increase of three) (decrease of three} That, effective immediately upon the adoption of this ordinance, Budget Ordinance No. 14745, Section I I., Fire Department, October 1, 2001, shall be amended to authorize the following positions as the only civil service positions in each classification (rank} authorized in the City of Fort Worth Fire Department: Deputy Chiefs 3 Battalion Chief 23 Captain 79 Lieutenant 110 Engineer 179 Firefighter .x.52 Tote I 746 SFC~~"~C~N 7, {increase of three} (decrease of three} ~Ihat. effective immediately Upon thE~ ~~doi~t~on of this c~rdinancF.;~ Budget Ordinance No 15184. Section IL, Fir~~~artm~~i. October 1.2002, shall be amended to authorize the following positions as the only civil service positions in each ~;1~3ss~,ficati~~n hank:! aufhr~ri~~F;d ~~~~ thE; Cite' ofi ~~~~t'~"~~'c~rth FirF~ DF~;>~3rt~~~ent Deputy Chiefs 3 Battalion Chief 23 Captain 79 Lieutenant 110 Engineer 179 Firefighter ~~2 Total 746 SECTION 8. {increase of three} {decrease of three} That, effective immediately upon the adoption of this ordinance, Ordinance No. 15492, March 25, 2003, shall be amended to authorize the following positions as the only civil service positions in each classification {rank} authorized in the City of Fort Worth Fire Department: Deputy Chiefs 3 Battalion Chief 23 Gaptain 80 Lieutenant 112 Engineer 182 Firefighter ~~Q Total 760 SECTION 9. {increase of three) {decrease of three} That, effective immediately upon the adoption of this ordinance, Ordinance No. 15500, April 1, 2003, shall be amended to authorize the following positions as the only civil service positions in each classification {rank} authorized in the City of Fort Worth Fire Department: Deputy Chiefs Battalion Chief Captain Lieutenant Engineer Firefighter Total 3 23 80 112 182 774 St ~~' aQN 10. {increase of three} {decrease of three} ihai. r~ffr"~.;ti.r~ !rT~mfd~~3tf;ly ~~pc~n tht ~~~iE~F~tir,n cif tr~~~ ,err ir~~jnct:~. 3 .:, Ordinance No. 15636. Section II.. Fi~~>~~~ni. September 17. 2003. shall k~e amended to authorize the following positions as the only civil service positions in each +'~~35`~Ifl(;~~tlr)r? i'r<3I~k i ~lilth<?rl E'(j I'"1 the=:' ~,if',' c"=if ~()rt ~:^'.~~irtFl f-trE.' [~P~1art~Tlf'r)t Deputy Ghiefs Battalion Ghief Gaptain Lieutenant Engineer Firefighter Total 3 23 80 112 182 774 SEGTION 11. {increase of three} {decrease of three) The "Mayor and Council Gommunication" memorandum 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 Gity Gouncil in the adoption of this ordinance. SECTION 12. It is hereby declared to be the intention of the City Gouncil that the phrases, clauses, sentences, paragraphs, or sections 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 Gouncil without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 13. This ordinance shad take effect upon adoption. APPRQVED AS TC~ FC,~RM AND LEGALITY: ~~ ,, ,,.... . _'e,.-_~.. l ti. i -e.~ .. Gity Attpr, ey ~. t { ._. ~' ,c _~ Ai.J4...~a' i ~.i.~ r~N[) E F~ t ~; i I',: E 1~ .~,.. pity of Ford Worth, Texas Mayor and Council Communication GOUNCtI. ACTI{~N: Approved on 913012003 - C1rd.# 15703 SATE: Tuesday, September 30, 2003 REFERENCE Nt}.: G-14113 LOG NAME: 12TRACEY SUBJEGT: Settlement of Claims of Cady L. Stillwell, et al. v. City of Fort Worth, Texas, in the 342nd District Court of Tarrant County, Cause No. 342-191838-02 RECOMMENDATI©N: It is recommended that the City Council: 1. Approve the proposed settlement of the claims of Plaintiffs in this lawsuit; and 2. Authorize the payment of $51,752.96 in back pay, with appropriate payroll withholdings and retirement contributions, to Plaintiffs with the checks made payable as follows: Cady L. Stillwell $2,405.76 Therese M. Gonroy $1,391.04 Bobby O. Rails $2,405.76 Christapher Nugen $695.52 Robert W. Jenkins $695.52 Wesley E. Sheffield $954.24 Christapher Willars $12,094.88 Daryl ~. Baane $3,498.88 Gregory A. Tart $12,094.88 David ~. Dadsan $2,544.64 Daniel B. Cearley $2,226.56 Bryan E. Johnson $1,204.00 Gerardo J. Flores $150.08 alv~n .Lyon. III n $3,60'f 9~ ~~. _ -= ~_ ~.~. -~ .. ~s~ar~ - ~_ ~ ~ , ~rohie fv1r,ore S^ ~=~.~~4 T .. .,..«..~..-... ,.. t'"t'T`17 A l"t l'".YT` rt t !" ^v 5. Adopt the attached ordinance specifying the number of authorized positions in the Fire Department, thereby effectively increasing the number of authorized engineer positions in the Fire Department by three, and decreasing the number of fire fighters by three retroactive to July 27, 2000. D#SCUSSI4N: Plaintiffs, employees of the Fort Worth Fire Department, filed a civil service lawsuit against the City and alleged that the City created engineer vacancies that entitled them to promotions. They alleged that the City created three vacancies at the engineer rank when it dedicated fire apparatus exclusively to aircraft rescue on July 27, 2000. Three Plaintiffs, Willars, Tart, and Moore, allege that they are entitled to promotion to engineer as well as back pay. The remaining Plaintiffs were previously promoted to engineer, but allege that they are entitled to earlier promotion dates to engineer as well as back pay. The parties filed cross-motions far summary judgment and a hearing was held. Before the Court rendered a decision, the parties reached a settlement. While the City denies liability in this lawsuit, the City and the Plaintiffs have reached a compromised settlement, subject to City Council approval, 'tn which the City will pay $69,752.96 to the Plaintiffs and their attorney to settle the lawsuit and all claims against the City. Under the terms of the settlement, the City will approve three additional engineer positions in the Fire Department effective July 27, 2000, and the Plaintiffs will receive the following promotion dates to engineer: Cody ~. Stillwell Therese M. Conroy Bobby Q. Rails Christopher Nugen Robert W. Jenkins Wesley E. Sheffield Christopher Vtlllars Dory! K. Boone Gregory A. Tart David ~. Dodson Daniel B. Cearley Bryan E. Johnson Gerardo J. Flores Calvin C. Lyons, III James W. Brunson Reginald D. Johnson Chad D, Powell Thaddeus E Raven tloii jt ..f,.;~~1 July 29, 2000 July 29, 2000 July 29, 2000 Qctober 7, 2000 Qctober 7, 2000 October 7, 2000 November 4, 2000 November 4, 2000 November 4, 2000 April 1, 2001 July 14, 2001 August 26, 2001 Qctober 20, 2001 November 1, 2001 September 12, 2002 Qctober 19, 2002 January 11, 2003 r+Gi~~ , , _. _ ~S _ ~ !. ~ _ ~ S ~ ..~u ~. o~-' .~ ',5' .~~~ C~ _.~ ~ i~~ _ '~~fC` 'It '1? ~.''{ .- I?, _ : "~ age-~~ts a^. ~r~~~ „,yae~ I'. 'act. ar,y s., ila~;l?Ity ?r. t`~~~~s ^~~att~~~ ~~ s~~~~ I~a;ly ,;.,~eu Tn~v, sett ~r. ~~s Cfi'Bf°C Into '=;nl'y' iG c~v01~ ~u!""tin,Br tihle COi~SIaI',llfl`~ anG COSiy' 'iUgc3`.jOn. FISCAL INFORMATION!CERTIFICATION ', .". TQ FundlAccount/Genters FRC}M FundlAcoountlGenters FE71 534050 0137120 $18.000.00 GG01 514010 0363510 $51,752.96 Submitted for Gity Manager's Office b~: Jae Paniagua {6191 } ©riainating Department Head_ David Yett {7623} Additional Information Contact. Gerald Pruitt {7616}