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Home My WebLink AboutOrdinance 21384-08-2014 I i I I ORDINANCE NO. 21384-08-2014 } AN ORDINANCE AMENDING THE FIRE DEPARTMENT STAFFING ORDINANCE NO. 21325-07-2014 TO ADD THREE POSITIONS TO CLASSIFICATION OF CAPTAIN; TO ADD TWO POSITIONS TO THE CLASSIFICATION OF DEPUTY CHIEF; TO REMOVE TWO POSITIONS FROM THE CLASSIFICATION OF FIREFIGHTERS; 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.• i WHEREAS, pursuant to Chapter 143.021(a), Texas Local Government Code, the City Council shall prescribe the authorized number of positions in each classification (rank) by ordinance; and WHEREAS, on July 22, 2014, the City Council adopted Ordinance 21325-07-2014, which established the Fire Department's sworn personnel staffing levels, including adding three I positions to the classification of Battalion Chief and decreasing three positions in the I classification of Captain, effective September 1, 2014, as follows: I Assistant Chiefs 3 Deputy Chiefs 4 1 Battalion Chiefs 27 Captains 84 Lieutenants 121 Engineers 202 Firefighters 467 ! TOTAL 908 WHEREAS, the three newly-created Battalion Chief positions cannot be filled until after September 1, 2014, creating a period of time when the actual number of Captains in place will exceed eighty-four; i WHEREAS, in order to avoid the demotion of up to nine sworn officers until the three new Battalion Chief positions can be filled by the promotion process, the City Council desires to j increase the number of authorized positions in the Captain classification by three, thereby increasing the total number of authorized positions by three, effective September 1, 2014; WHEREAS, the Fire Chief, in accordance with the Collective Bargaining Agreement e between the City of Fort Worth and the Fort Worth Professional Firefighters,Association, IAFF Local 440 (City Secretary Contract No. 40074) that is currently in "Evergreen" status, as Ordinance No. 21384-08-2014 Pagel of 3 I I amended by a Memorandum of Understanding between the parties dated August 26, 2013 has j appointed two additional Deputy Chiefs, subject to approval by City Council, and City Council desires to approve the appointment of the two additional Deputy Chiefs and hereby increases the number of positions in the classification of Deputy Chief by two and offsets this increase by j decreasing the number of positions in the classification of firefighters by two, effective September 1, 2014. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: J SECTION 1. Effective September 1, 2014, each classification (rank) authorized in the City of Fort Worth Fire Department shall contain the following number of positions, until modified by subsequent ordinance: i Assistant Chiefs 3 Deputy Chiefs 6 (increase of 2) Battalion Chiefs 27 Captains 87 (increase of 3) Lieutenants 121 l' Engineers 202 Firefighters 465 (decrease of 2) TOTAL 911 (total increase of 3) SECTION 2. The Mayor and Council Communication ("M&C") that is presented contemporaneously with this ordinance is hereby expressly incorporated herein by reference for further clarification 4 and explanation of the purposes and intent of the Council in their adoption of this ordinance. P SECTION 3. i 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. i SECTION 4. i 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 Ordinance No. 21384-08-2014 Page 2 of 3 I i i incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This ordinance shall take effect and be in full force and effect on September 1, 2014, and it is so ordained. APP OVED AS TO FORM AND LEGALITY: ATTEST: i r , ssistant City orn# Ma6 J. WerTQy Secretary Date: i ADOPTED: August 19, 2014 EFFECTIVE: September 1, 2014 h +f I f t I I f Ordinance No. 21384-08-2014 Page 3 of 3 i City of Fort Worth, Texas Mayor and Council Communication COON -- _ _ CIL ACTION . Approved on 8/1°9/2014 Owrdinance N;o 21384 08,-2014 DATE: Tuesday, August 19, 2014 REFERENCE NO.: **G-18288 LOG NAME: 36FIRESTAFFINGORDINANCE2014-2 SUBJECT: I Adopt Fire Department Staffing Ordinance to Amend Ordinance No. 21325-07-2014 to Increase the Number of Authorized Captain Positions by Three, Increase the Number of Authorized Deputy Chief j Positions by Two, Decrease the Number of Authorized Firefighter Positions by Two, Resulting in an Overall j Increase of Authorized Positions by Three, to be Effective September 1, 2014 (ALL COUNCIL DISTRICTS) G RECOMMENDATION: I It is recommended that the City Council adopt the attached Fire Department Staffing Ordinance to amend Ordinance No. 21325-07-2014 to prescribe the number of authorized sworn positions in each classification, to increase the number of authorized Captain positions by three, increase the number of authorized Deputy Chief positions by two and decrease the number of authorized firefighter positions by two, resulting in an overall increase of authorized positions by three, to be effective September 1, 2014. DISCUSSION: On July 22, 2014, (M&C G-18259) the City Council approved the Fire Department's (Department) current Staffing Ordinance (Ordinance No. 21324-07-2014) and a Staffing Ordinance to be effective as of September 1, 2014 (Ordinance No. 21325-07-2014). Ordinance No. 21325-07-2014, effective September 1, 2014, increases the number of authorized Battalion Chief positions by three and reduces the number of Captain positions by three, resulting in the following approved Fire Department sworn staffing levels as of September 1, 2014: Assistant Chiefs 3 Deputy Chiefs 4 I Battalion Chiefs 27 Captains 84 Lieutenants 121 Engineers 202 Firefighters 467 Total 908 Increase Captain Positions by Three: The three newly-created Battalion Chief positions will be filled utilizing Civil Service rules for promotion. However, that process, due to required timelines, cannot be completed until after September 1, 2014. This will result in a period of time when actual Captains in place will exceed authorized staffing levels by three. In order to avoid the demotion of up to nine sworn officers until the three new Battalion Chief positions can be filled by the prescribed promotion process, the Department is requesting a temporary increase in the i Logname: 36FIRESTAFFINGORDINANCE2014-2 Pagel of 2 I number of Captain positions by three. Upon completion of the Battalion Chief promotion process, the Department will submit for approval of a Staffing Ordinance amendment to eliminate these three Captain E positions. i Due to the salary savings accruing beginning on September 1, 2014 with the vacant new Battalion Chief I positions, this action requires no additional cost to the City. Increase Deputy Chief Positions by Two and Decrease the Firefighter Positions by Two: The Collective Bargaining Agreement between the City of Fort Worth and the Fort Worth Professional Firefighters Association, IAFF Local 440 (City Secretary Contract No. 40074) that is currently in Evergreen status, as clarified and amended by a Memorandum of Understanding between the parties dated August 26, 2013, allows the Fire Chief to appoint up to six Deputy Chiefs. Due to economic challenges throughout the term of this contract period, only four Deputy Chiefs have been appointed to date. With improving economic conditions, and increasing organizational needs for enhanced managerial staffing levels within the department, the Department is proposing to eliminate two vacant Firefighter positions and re-purpose them as two Deputy Chief positions, effective September 1, 2014, if approved. The cost of this i proposal totals approximately $179,000.00, which the Department is committed to identifying savings in its Fiscal Year (FY) 2015 funding allocations to offset. I Therefore, Staff recommends adopting the attached ordinance, which will amend Ordinance No. 21325- 07-2014 and will increase the number of Captain positions by three, increase the number of Deputy Chief positions by two, decrease the number of Firefighter positions by two, resulting in an increase to the the overall authorized positions by three, as follows: i Assistant Chiefs 3—--- Deputy Chiefs 1 6 joncrease of 2) Battalion Chiefs 27 Captains 87 (Increase of 3) Lieutenants 121 f Engineers 202 Firefighters 465 (Decrease of 2) E Total 911 (Total increase of 3) i i G FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds were not specifically budgeted for this expense in the Fiscal Year 2015 Fire Department's budget request. However, the Fire Department is committed to identifying savings to offset the full cost. j I FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by:_ Charles Daniels (6199) i Originating Department Head: Rudy Jackson (6801) j Additional Information Contact: Rudy Jackson (6801) I I i Logname: 36FIRESTAFFINGORDINANCE2014-2 Page 2 of 2