HomeMy WebLinkAboutOrdinance 21477-09-2014 ORDINANCE NO. 21477-09-2014
AN ORDINANCE AMENDING THE BUDGET ORDINANCE NO. 21457-
09-2014 TO ADD TWO POSITIONS TO CLASSIFICATION OF
ASSISTANT CHIEF AND TO ADD FOUR POSITIONS TO THE
CLASSIFICATION OF FIREFIGHTER EFFECTIVE SEPTEMBER 30,
2014; TO DECREASE THE NUMBER OF AUTHORIZED POSITIONS BY
SIX (DUE TO THE EXPIRATION OF THE DEPUTY CHIEF
CLASSIFICATION) EFFECTIVE OCTOBER 1, 2014; TO ADJUST THE
PAY SCHEDULE FOR ASSISTANT FIRE CHIEF; TO AMEND SECTION
13-27 OF CHAPTER 13, "FIRE PREVENTION AND PROTECTION" OF
THE CODE OF THE CITY OF FORT WORTH (AS AMENDED)
PROVIDING FOR SUPPLEMENTAL COMPENSATION IN THE FORM
OF ASSIGNMENT PAY FOR THE CATEGORY OF DUTY OFFICER;
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:
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 September 16, 2014, the City Council adopted the budget ordinance for
Fiscal Year 2015, Ordinance 21457-09-2014, ("Budget Ordinance") which established the Fire
Department's sworn personnel staffing levels, effective September 30, 2014 as follows:
Assistant Chiefs 9
Deputy Chiefs 6
Battalion Chiefs 27
Captains 87
Lieutenants 121
Engineers 202
Firefighters 465
TOTAL 917
WHEREAS, in accordance with 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), as interpreted or clarified by a Memorandum of Understanding
between the parties dated August 26, 2013 (the "CBA"), the CBA expires on October 1, 2014;
Ordinance No. 21477-09-2014
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WHEREAS, the Deputy Chief classification exists solely because of the CBA, and will
expire upon the expiration of the CBA on September 30, 2014, and so the Budget Ordinance also
established the Fire Department's sworn personnel staffing levels, effective October 1, 2014 as
follows:
Assistant Chiefs 9
Battalion Chiefs 27
Captains 87
Lieutenants 121
Engineers 202
Firefighters 465
TOTAL 911
WHEREAS, after further review of organizational capacity and span of control issues, it
has been determined that the staffing levels set out herein below will better serve the
organization, and City Council desires to approve the authorized positions and the number of
positions in each classification as set forth herein below;
WHEREAS, in the Budget Ordinance, City Council approved the base pay and associated
steps for each Fire Department rank, and the Assistant Chief pay amounts were adjusted down
from what they otherwise would have been to account for the promotion of the four recently
promoted Deputy Chiefs to Assistant Chiefs (resulting in pay reductions of the three existing
Assistant Chiefs) so that the step structure would meet the same parameters as all other ranks;
with the amended plan to promote only the two more senior Assistant Chiefs and demote the four
newer Deputy Chiefs, the pay amounts can be readjusted to prevent the pay reductions, and
Council desires to adopt the pay schedule set forth herein below.
WHEREAS, the addition of two positions in the Assistant Chief classification requires
revision of the assignment pay set forth in Section 13-27 of the City Code to define the scope and
nature of the assignment of Duty Officer, as set forth herein below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
Effective September 30, 2014, each classification (rank) authorized in the City of Fort
Worth Fire Department shall contain the following number of positions, until October 1, 2014:
Ordinance No. 21477-09-2014
Page 2 of 4
Assistant Chiefs 5
Deputy Chiefs 6
Battalion Chiefs 27
Captains 87
Lieutenants 121
Engineers 202
Firefighters 469
TOTAL 917
SECTION 2.
Effective October 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:
Assistant Chiefs 5
Battalion Chiefs 27
Captains 87
Lieutenants 121
Engineers 202
Firefighters 469
TOTAL 911
SECTION 3.
Effective October 1, 2014, the base pay for the classification of Assistant Chief shall be
$126,504 annually, with a step amount of$132,829 annually for individuals with a year or more
in rank. Base pay and step amounts for all other ranks remain unchanged.
SECTION 4.
Effective October 1, 2014, Section 13-27 of Chapter 13 of the Code of the City of Fort
Worth (1986) as amended is hereby further amended to add 13-27(e)(28) to read as follows:
(28) Duty Officer
Assignment Pay: $28.57 per day when assigned as Duty Officer.
Eligibility Requirements:
a. Hold the rank of Assistant Fire Chief, and
b. Remain on call 24 hours per day during the specified rotation period; and
c. Maintain awareness of all Fire Department activities and be available for
immediate response to any events of consequence as determined by general
Fire Department guidelines; and
d. Be fully aware of all officials who need to be notified based on the varying
degrees of emergency conditions in any area of the City or time of day; and
Ordinance No. 21477-09-2014
Page 3 of 4
e. Perform as Incident Commander for any Fire Department assignment of
resources beyond what normally constitutes a one-alarm response, or incidents
of an unusual or significant nature.
SECTION 5.
The Mayor and Council Communication ("M&C") that 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 Council in their adoption of this ordinance.
SECTION 6.
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.
SECTION 7.
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
or section.
SECTION 8.
This ordinance shall take effect and be in full force and effect on September 23, 2014,
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
sistant City A orney Mary J. K r, Ci y S retary
ADOPTED: September 23, 2014
EFFECTIVE: September 23, 2014
Ordinance No.21477-09-2014
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/23/2014 - Ordinance No. 21477-09-2014
DATE: Tuesday, September 23, 2014 REFERENCE NO.: G-18322
LOG NAME: 36FIRESTAFFINGORDINANCEFY15
SUBJECT:
Adopt Ordinance to Amend Fiscal Year 2015 Budget Appropriation Ordinance No. 21457-09-2014 to
Increase the Number of Positions in the Assistant Fire Chief Classification by Two and the Number of
Positions in the Firefighter Classification by Four Effective September 30, 2014, to Decrease the Number of
Positions in the Deputy Chief Classification by Six Effective October 1, 2014, to Adjust the Pay Schedule
for Assistant Fire Chief and to Amend City Code Section 13-27 to Set Forth Duty Officer Assignment Pay
for Assistant Fire Chiefs (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that City Council adopt the attached Ordinance to amend the Fiscal Year 2015 Budget
Appropriation Ordinance No. 21457-09-2014, adopted September 16, 2014, to (i) increase the number of
positions in the Assistant Fire Chief classification by two and increase the number of positions in the
Firefighter classification by four effective September 30, 2014, (ii) decrease the number of positions in the
Deputy Chief classification by six effective October 1, 2014, (iii) adjust the pay schedule for Assistant Fire
Chief and (iv) amend City Code Section 13-27 to set forth Duty Officer Assignment Pay for Assistant Fire
Chiefs.
DISCUSSION:
Fire Department Staffing:
On September 16, 2014, the City Council approved the Fiscal Year (FY) 2015 Budget Appropriation
Ordinance No. 21457-09-2014 (Budget Ordinance). In the Budget Ordinance, adjustments in the Fire
Department's civil service staffing levels were approved to account for the elimination of the Deputy Chief
classification, which exists solely because of the current Collective Bargaining Agreement (CBA) and
which will expire along with the contract. Approved was a two-step process to (i) allow for the promotion
of all six existing Deputy Chiefs to Assistant Chief on September 30, 2014, immediately before the
expiration of the CBA and elimination of the classification of Deputy Chief, and (ii) reflect the elimination of
all six Deputy Chief positions effective October 1, 2014.
After further review of organizational capacity and span of control issues, it has been determined that the
following staffing ordinance adjustments will better serve the organization. Instead of promoting all
existing Deputy Chiefs to Assistant Chiefs, the amended plan calls for (i) the promotion of the two senior-
most Deputy Chiefs to Assistant Chiefs (ii) the demotion of the four recently promoted Deputy Chiefs back
to their last tested ranks, which will result in three Deputy Chiefs being demoted to Battalion Chiefs and
one Deputy Chief being demoted to Captain, and (iii) the addition of four authorized positions in the
classification of Firefighter to maintain overall staffing levels. As with the original plan, in order to avoid
further complications, these personnel actions will need to be accomplished prior to the expiration of the
CBA and elimination of the Deputy Chief classification.
Therefore, Staff recommends the addition of two authorized positions at the Assistant Chief classification
and four authorized positions at the Firefighter classification, all to be effective as of September 30, 2014,
Logname: 36FIRESTAFFINGORDINANCEFY15 Page 1 of 3
to absorb the six individuals being displaced by the loss of six authorized positions at the Deputy Chief
classification on October 1. The following staffing levels are proposed:
Effective September 30, 2014, civil service staffing for the Fire Department will consist of 917 authorized
positions as follows:
5 Assistant Chiefs (increase of 2);
6 Deputy Chiefs;
27 Battalion Chiefs;
87 Captains;
121 Lieutenants;
202 Engineers; and
469 Firefighters (increase of 4)
Total: 917 Authorized Positions (increase of 6)
Effective October 1, 2014, civil service staffing for the Fire Department will consist of 911 authorized
positions due to the elimination of the Deputy Chief classification and the six authorized positions
previously in that classification, as follows:
5 Assistant Chiefs;
27 Battalion Chiefs;
87 Captains;
121 Lieutenants;
202 Engineers; and
469 Firefighters
Total: 911 Authorized Positions (decrease of 6)
The net impact of these changes will result in an annual savings of$184,254.00 to the General Fund.
Fire Department Pay Schedule:
As part of the same Budget Ordinance, Council approved base pay and associated steps for each Fire
Department rank. The Assistant Chief pay amounts in the Budget Ordinance were adjusted down from
what they otherwise would have been in order to account for the promotion of the four recently promoted
Deputy Chiefs to Assistant Chiefs. This downward adjustment would have resulted in pay reductions of
the three existing Assistant Chiefs in order for the Assistant Chief step structure to meet the same
parameters as all other ranks. With the amended plan to promote only the two more senior Assistant
Chiefs and demote the four newly minted Deputy Chiefs, the pay amounts can be readjusted to prevent
the pay reductions.
The proposed base pay for Assistant Chiefs was originally $122,949.00, with a step amount of
$129,096.00 for individuals who have served at least one year in this rank. The amended base pay for
Assistant Chiefs is $126,504.00, with a step amount of$132,829.00 for individuals with a year or more in
Logname: 3 6FIRESTAFFINGORDINANCEFY 15 Page 2 of 3
rank. Base pay and step amounts for all other ranks will remain unchanged.
The net impact of these changes will result in an additional $7,110.00 in General Fund expenses
annually. However, the Fire Department is committed to covering this increase from other savings to
avoid any net impact to the Department's bottom-line budget.
Assignment Pam
The Fire Department currently pays all Assistant Chiefs "duty pay"when they are on-call for after-hours
emergency call-back during significant emergency response incidents. The nature of the assignment is
geared toward staffing on a rotating basis with no more than three persons. Therefore, the addition of two
positions in the Assistant Chief classification requires revision of Section 13-27 of the City Code, which
sets forth assignment pay, to define the scope and nature of the assignment. The following language is
recommended and proposed as an amendment for inclusion as part of the department's Assignment Pay
Ordinance. This proposed change does not represent an increase or decrease in the amount of the
pay. It merely refines the definition of the assignment, as follows:
Duty Officer Pay:
Assignment Pay: $28.57 per day when assigned as Duty Officer;
Eligibility Requirements: Hold the rank of Assistant Fire Chief; and
(a) Remain on call 24 hours per day during the specified rotation period;
(b) Maintain awareness of all Fire Department activities and be available for immediate response to
any events of consequence, as determined by general Fire Department guidelines;
(c) Be fully aware of all officials who need to be notified based on the varying degrees of emergency
conditions in any area of the City or time of day; and
(d) Perform as Incident Commander for any Fire Department assignment of resources beyond what
normally constitutes a one-alarm response, or incidents of an unusual or significant nature.
This change in pay classification will have no effect on the General Fund.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Rudy Jackson (6801)
Additional Information Contact: Rudy Jackson (6801)
Logname: 36FIRESTAFFINGORDINANCEFY15 Page 3 of 3