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Home My WebLink AboutOrdinance 21515-10-2014 i r I i ORDINANCE NO. 21515-10-2014 j AN ORDINANCE ESTABLISHING THE CLASSIFICATION OF DEPUTY CHIEF IN THE FIRE DEPARTMENT, EFFECTIVE AT 12:01 A.M., NOVEMBER 1, 2014, AND AMENDING THE FIRE DEPARTMENT STAFFING ORDINANCE NO. 21477-09-2014 TO ADD SIX POSITIONS IN j THE CLASSIFICATION OF DEPUTY CHIEF, EFFECTIVE AT 12:01 A.M., NOVEMBER 1,. 2014; TO REDUCE THE POSITIONS IN THE CLASSIFICATION OF ASSISTANT CHIEF BY TWO AND IN THE CLASSIFICATION OF FIREFIGHTER BY FOUR, EFFE',CTIVE 12:03 A.M., NOVEMBER 1, 2014; PROVIDING FOR ADOPTION BY e REFERENCE OF A STATEMENT OF INTENT AND PURPOSE IN ADOPTING THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN { CONFLICT AND REPEALING CONFLICTING ORDINANCES; f PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN I EFFECTIVE DATE. BE IT HEREBY KNOWN. WHEREAS, pursuant to Section 143.021(a), Texas Local Government Code, the City Council shall establish each classification of fire fighters by ordinance and shall prescribe the authorized number of positions in each classification(rank) by ordinance; and WHEREAS, the former 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 former CBA"), expired as of October 1, 2014; and 1 WHEREAS, the classification of Deputy Chief existed solely under,the former CBA, and I therefore ceased to exist as of October 1, 2014; and j WHEREAS, on September 23, 2014, the City Council adopted the most recent staffing ordinance for the Fire Department, Ordinance 21477-09-2014, ("Prior Staffing Ordinance") which, in part, established the Fire Department's sworn personnel staffing levels effective October 1, 2014 as follows: Assistant Chiefs 5 Battalion Chiefs 27 Captains 87 j Lieutenants 121 Engineers 202 Firefighters 469 TOTAL 911 Ordinance No.21515-10-2014 Page 1 of 4 I i i r i I WHEREAS, after further negotiations, the parties tentatively agreed to a new CBA, which was later ratified by IAFF Local 440 and authorized by the City Council on October 21, 2014,to be effective November 1, 2014; and f WHEREAS, pursuant to the terms of the new CBA, the classification of Deputy Chief i may again be created; and WHEREAS, the City Council desires to re-establish the classification of Deputy Chief I and prescribe the number of authorized positions in that classification at six, it is necessary to i amend Fire Department staffing ordinance No. 21477-09-2014 as follows, effective 12:01 a.m. November 1, 2014: `P Assistant Chiefs 5 I Deputy Chiefs 6 Battalion Chiefs 27 Captains 87 Lieutenants 121 Engineers 202 Firefighters 469 TOTAL 917 �1 WHEREAS, in order to return the Fire Department to its prior organizational structure, it is necessary to amend Fire Department staffing ordinance No. 21477-09-2014 as follows, effective 12:03 a.m. November 1, 2014: Assistant Chiefs 3 i Deputy Chiefs 6 Battalion Chiefs 27 Captains 87 Lieutenants 121 Engineers 202 Firefighters 465 f TOTAL 911 I WHEREAS, these steps are necessary to allow the Fire Chief the opportunity to appoint six individuals to the newly created rank of Deputy Chief before the two Assistant Chief and four y Firefighter positions are eliminated, thereby avoiding any potential cascading demotions and reinstatements that might otherwise occur if positions were eliminated while still filled. I I i i Ordinance No.21515-10-2014 ' Page 2 of 4 j I i f i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: i SECTION 1: That the classification of Deputy Chief in the Fire Department is established immediately i below that of Assistant Chief and immediately above that of Battalion Chief as of 12:01 a.m. on November 1, 2014, and that the Fire Chief shall have the authority to select and appoint up to six (6) persons to this classification. Each person appointed under this section shall serve at the pleasure of the Fire Chief. Eligibility for appointment of and the protections afforded to appointees hereunder shall be as set forth in Texas Local Government Code 143.014(e), (g) and (h) SECTION 2. , Effective November 1, 2014 at 12:01 a.m., each classification (rank) authorized in the City of Fort Worth Fire Department shall contain the following number of positions: Assistant Chief 5 Deputy Chiefs 6 Battalion Chiefs 27 Captains 87 I Lieutenants 121 Engineers 202 Firefighters 469 ' TOTAL 917 SECTION 3. I I Effective November 1, 2014 at 12:03 a.m., each classification (rank) authorized in the City of Fort Worth Fire Department shall contain the following number of positions, until I subsequently amended by ordinance at some date in the future: i i Assistant Chief 3 Deputy Chiefs 6 Battalion Chiefs 27 Captains 87 Lieutenants 121 Engineers 202 Firefighters 465 j TOTAL 911 i A i i Ordinance No.21515-10-2014 Page 3 of 4 1 C SECTION 4. s 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 5. 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 I 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 I SECTION 6. 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 I incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. I i i This ordinance shall take effect and be in full force and effect on October 28, 2014, and it ! is so ordained. i APPROVE AST , FORM AND LEGALITY: ATTEST: I Ass ant Ci ttorney Mary J. Ka se C' y Se tary ADOPTED and EFFECTIVE: October 28, 2014 j r i I, f i ,i Ordinance No.215(5-10-2014 Page 4 of 4 I I i City of Fort Worth, Texas Mayor and Council Communication L PP _ _ .w dii o.�21515 10 2014 COUNCIL ACTION: A roved on 10/28/2014 Ordinance N DATE: Tuesday, October 28, 2014 REFERENCE NO.: **G-18347 LOG NAME: 36FIRESTAFFINGORDINANCEFYI5-2 SUBJECT: Adopt Ordinance Establishing the Classification of Deputy Chief in the Fire Department, Effective at 12:01 a.m., November 1, 2014, and Amending Fire Department Staffing Ordinance No. 21477-09-2014 to Set the Number of Positions in the Classification of Deputy Chief at Six, Effective at 12:01 a.m., November 1, 2014 and to Reduce the Positions in the Assistant Chief Classification by Two and in the Firefighter Classification by Four, Effective at 12:03 a.m., November 1, 2014 (ALL COUNCIL DISTRICTS) I RECOMMENDATION: I It is recommended that the City Council adopt the attached Ordinance establishing the classification of ti Deputy Chief in the Fire Department, effective at 12:01 a.m., November 1, 2014, and amending the most recent Fire Department Staffing Ordinance No. 21477-09-2014 (adopted September 23, 2014) to (i) set the number of positions in the Deputy Chief classification at six, effective at 12:01 a.m., November 1, 2014, and (ii) reduce the number of positions in the Assistant Chief classification by two and in the Firefighter classification by four, effective at 12:03 a.m., November 1, 2014. I DISCUSSION: Prior to October 1, 2014, the position of Fire Department Deputy Chief existed solely under the terms of the previous Collective Bargaining Agreement (CBA). On September 23, 2014, the City Council approved a Staffing Ordinance Amendment to be effective in the event the previous CBA expired. The Ordinance acknowledged the required elimination of six Deputy Chief positions and provided for two additional positions in the Assistant Chief rank and four additional positions in the Firefighter rank. The additional positions were authorized in order to accommodate the necessary reappointments or demotions of the six Deputy Chief incumbents. I Under the terms of the new CBA, approved on October 21, 2014, the City Council again has the authority to create positions in the rank of Fire Department Deputy Chief. In order to again create the rank, it is necessary to amend Fire Department Staffing Ordinance No. 21477-09-2014 as follows, effective at 12:01 a.m. November 1, 2014: i I Rank Approved Positions Assistant Chiefs` F5 Deputy Chiefs 6 (+6) Battalion Chiefs 1 27 Captains F87 Lieutenants 121 i Engineers 1202 Firefighters 1469 I Logname: 36FIRESTAFFINGORDINANCEFY15-2 Page 1 of 2 Y Total T 917 In order to return the Fire Department to its previous organizational structure, it is also necessary to amend Fire Department Staffing Ordinance No. 21477-09-2014 as follows, reducing the number of positions in the Assistant Chief rank by two and the Firefighter rank by four, effective at 12:03 a.m. November 1, 2014: F Lank jApproved Positions__ Assistant Chiefs 3 (-2) Deputy Chiefs 6 Battalion Chiefs-1 27 Captains 87 Lieutenants 1121 _ + 4 Engineers 202 Firefighters 465 (-4) Total 911 This two-step process is necessary to allow the Fire Chief the opportunity to appoint six individuals to the r newly created position of Deputy Chief before the two Assistant Chief and four Firefighter positions are eliminated. This course of action will prevent any potential cascading demotions and reinstatements that might otherwise occur if positions are eliminated while still filled. This amendment will not change the total number of authorized civil service positions within the Fire Department. The Fire Department's Fiscal Year 2015 approved General Fund budget included funding for this original staffing level by rank. I FISCAL INFORMATION /CERTIFICATION: i The Financial Management Services Director certifies that this action will have no material effect on City 1 funds. Ij FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers } I CERTIFICATIONS: i Submitted for City Manager's Office by: Charles Daniels (6199) Originating Department Head: Rudy Jackson (6801) I Additional Information Contact: Rudy Jackson (6801) i I I I i i i Logname: 36FIRESTAFFINGORDINANCEFY15-2 Page 2 of 2