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
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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
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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
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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.
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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
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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
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