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HomeMy WebLinkAboutOrdinance 18862-10-2009 ORDINANCE NO. 18862-10-2009 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE V, ENTITLED "HUMAN RESOURCES," OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, AMENDING SECTION 2-186 "POLITICAL ACTIVITIES" TO AMEND THE'. SUBSECTION PROHIBITING CERTAIN OFFICERS AND EMPLOYEES FROM TAKING AN ACTIVE PART IN MUNICIPAL ELECTIONS; PROVIDING THAT EMPLOYEES MAY WEAR CITY ISSUED UNIFORMS FOR AN OFF-DUTY POLITICAL ACTIVITY IF THE UNIFORM WAS REQUIRED AS PART OF THE EMPLOYEE'S ON DUTY EMPLOYMENT ON THE DAY OF THE POLITICAL ACTIVITY; PROVIDING THAT NO OFFICER OR EMPLOYEE OF THE CITY SHALL INDUCE ANOTHER TO PARTICIPATE OR REFRAIN FROM PARTICIPATING IN ANY MUNICIPAL ELECTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth City Council ("City Council") adopted Ordinance No 11921, codified as Chapter 2, Article V of the Code of the City of Fort Worth, collectively called "Human Resources", and WHEREAS, the Human Resources Ordinance prohibited certain political 1 activities by officers and employees of the City of Fort Worth, and WHEREAS, political activity by police officers and firefighters are not governed by City rules, but by state law; and WHEREAS, the Crty Council desires to make the rules governing political activities more equitable for all employees. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS -1- x SECTION 1. Chapter 2, Article V, Section 2-186(c), ("Political Activity") of the Code of the Crty of Fort Worth is hereby amended to read as follows (c) The following officers and employees of the City are prohibited from taking an active part in any candidate election for City Council: i. Department Heads; ii. Assistant City Managers; iii. City Attorney; iv. City Manager; Taking an active part includes, but is not limited to, making a political speech, making financial contributions, distributing campaign literature, writing a letter, signing a petition, and actively seeking votes. SECTION 2 Chapter 2, Article V, Section 2-186(d) of the Code of the City of Fort Worth is hereby amended to read as follows L (d) No officer or employee shall take an active part in any other person's political campaign for an elective position while on active duty or in uniform. SECTION 3 Chapter 2, Article V, Section 2-186(e) is amended by deleting subsection (e) in rts entirety and replacing it as follows (e) Officers and Employees may actively participate in referendum elections while off-duty Officers and Employees may wear City-issued uniforms for an off-duty political activity related to a referendum election if the employee was required to wear the City uniform as .part of his or her on-duty employment on the day of the political activity -2- SECTION 4. Chapter 2, Article V, Section 2-186 of the Code of the City of Fort Worth is amended by adding the following provision. _(f) A City Officer or Employee shall not, directly or indirectly, induce or attempt to induce any city subordinate of the official or employee 1. To participate in an election campaign, .contribute to a candidate or political committee; or engage in any other political activity relating to a particular party, candidate, or issue, or 2. To refrain from engaging in any lawful political activity A general statement merely encouraging another person to vote does not violate this rule. SECTION 5. Chapter 2, Article V, Section 2-186 of the Code of the City of Fort Worth is amended by adding the following provision. (g) Except as provided by subsection (c), nothing contained in this section shall affect the rights of officers and employees to support a political party, to act as a precinct chairperson, to vote as they choose in any election, to express their opinions on all political subjects and candidates, to publicly endorse candidates, to maintain political neutrality and to attend political meetings. SECTION 6. This ordinance shall be cumulative of all ordinances of the City of Fort Worth, which shall remain m full force and effect except to the extent that provisions of this Ordinance are m direct conflict with the provisions of such other ordinances, in which case the conflicting provisions of such other ordinances are hereby repealed. -3- SECTION 7. If any provision, section, paragraph, sentence, clause or phrase of this ordinance be declared invalid or unconstitutional, the same shall not affect any other portion or provision hereof, and all other provisions shall remain valid and unaffected by any i s invalid portion if any, and the City Council now says that if it had known at the time of the passage of this ordinance that any portion of said ordinance was invalid, it would not have adopted such invalid ordinance. SECTION 8. The City Council finds that all acts, conditions and things required by provisions of the Constitution of Texas and Charter and Ordinances of the City of Fort Worth precedent to and m the adoption of this Ordinance have been done, have happened and ' 'have been performed m proper and lawful time. SECTION 9 This ordinance shall be m full force and effect from and after its adoption. ADOPTED and EFFECTIVE this 13th day of October, 2009 OVED AST FORM. City Attorney -4- r r