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HomeMy WebLinkAboutOrdinance 21702-03-2015 ORDINANCE NO. 21702-03-2015 AN ORDINANCE AMENDING SECTION 13-27 OF CHAPTER 13, "FIRE PREVENTION AND PROTECTION", OF THE CODE OF THE CITY OF FORT WORTH (AS AMENDED), CLARIFYING THE TERMINOLOGY FOR PROVIDING FOR SUPPLEMENTAL COMPENSATION IN THE FORM OF ASSIGNMENT PAY TO FIREFIGHTERS WHO ARE ASSIGNED TO PERFORM CERTAIN SPECIALIZED DUTIES WITHIN THE FIRE DEPARTMENT; PROVIDING THAT THIS ORDINANCE DOES NOT CREATE A NEW CIVIL SERVICE CLASSIFICATION OR VACANCY; 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. WHEREAS, the Chief of the Fire Department has advised the City Council of the ongoing operations of the Fire Department, particularly in regard to the many specialized operations, duties and/or services provided by the Fire Department in addition to traditional firefighting duties; and WHEREAS, the City Council finds that those individuals in the Fire Department who are assigned to perform certain specialized duties in addition to traditional firefighting duties are deserving of supplemental compensation by way of"Assignment Pay" in addition to their regular base salary as authorized by Chapter 143.042, Texas Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS THAT: SECTION 1. That Section 13-27, of Chapter 13 of the Code of the City of Fort Worth (1986), as amended, is hereby further amended by amending Sections 13-27 (e)(3), (e)(4), (e)(6), (e)(7) and (e)(8), and adding Sections 13-27(e)(28), (e)(29), and (e)(30) to read as follows: (e)(3) Community risk reduction chief a. Assignment pay. Three hundred fifty dollars per month. b. Eligibility requirements: 1. Hold the rank of battalion chief, 2. Have recognized qualifications and expertise in management and supervisory practices; 3. Hold or obtain a hazardous materials technician certification from the Texas commission on fire protection; and 4. Be assigned as the community risk reduction chief. Ordinance No.21702-03-2015 Page 1 of 4 (e)(4) Bureau of fire prevention (BFP)section chief. a. Assignment pay. Three hundred fifty dollars per month. b. Eligibility requirements. 1. Hold the rank of battalion chief, 2. Hold or obtain, as a minimum, a basic fire inspector certification from the Texas commission on fire protection (NFPA Inspector I, Inspector II and Plans Examiner I); 3. Have recognized qualifications and expertise in management and supervisory practices; 4. Hold or obtain a hazardous materials technician certification from the Texas commission on fire protection; and 5. Be assigned as bureau of fire prevention(BFP) section chief. (e)(6) Emergency medical services (EMS) chief a. Assignment pay. Three hundred fifty dollars per month. b. Eligibility requirements. 1. Hold the rank of battalion chief; 2. Have recognized qualifications and expertise in management and supervisory practices; 3. Hold or obtain a hazardous materials technician certification from the Texas commission on fire protection; and 4. Be assigned as the emergency medical services (EMS) chief. (e)(7) Program coordinator. a. Assignment pay. Two hundred dollars per month. b. Eligibility requirements. 1. Have recognized qualifications and expertise in management and supervision of the assigned departmental program; and 2. Be assigned as the program coordinator for one of the following departmental programs: i. Aircraft rescue firefighting (ARFF); ii. Assistant aircraft rescue firefighting(alliance); iii. Assistant aircraft rescue firefighting (Meacham); iv. Hazardous materials; V. Recruit training; vi. Technical rescue; vii. Swift water/underwater rescue; viii. Emergency medical services; ix. Public information; and X. Master scheduler. (e)(8) Section manager. a. Assignment pay. Two hundred dollars per month. b. Eligibility requirements. 1. Have recognized qualifications and expertise in management and supervision of the assigned departmental section; Ordinance No.21702-03-2015 Page 2 of 4 2. Hold or obtain, as a minimum, an intermediate instructor certification from the Texas commission on fire protection (NFPA Instructor II); and 3. Be assigned as the manager for one of the following departmental sections: i. Public education; ii. Self contained breathing apparatus (SCBA); iii. Supply; iv. Vehicle services; V. Fire communications; and vi. Fire investigations. (e)(28) Bilingual Personnel. a. Assignment pay. One hundred dollars ($100.00) per month for verbal skills; Use of writing skills is additional twenty-five dollars ($25.00) per month, for a total of up to one-hundred twenty-five dollars ($125.00)per month. b. Eligibility requirements: 1. Job duties must require the use of employee's bilingual skills; and 2. Successfully take and pass a language proficiency test administered by the Human Resources Department. (e)(29) Hazardous materials responder—deputy chief. a. Assignment pay. One hundred dollars ($100.00) per month. b. Eligibility requirements: 1. Hold the rank of deputy chief, and 2. Hold or obtain a hazardous materials technician certification from the Texas Commission on Fire Protection; and 3. Be assigned as a staff or operation deputy chief. (e)(30) Professional standards investigator. a. Assignment pay. One hundred seventy-five dollars ($175.00) per month. b. Eligibility requirements: 1. Hold, as a minimum, the rank of lieutenant; 2. Hold or obtain a certification in investigations; 3. Be assigned as a professional standards investigator. SECTION 2. This ordinance, and the amendments and additions to Section 13-27, of Chapter 13 of the Code of the City of Fort Worth (1986), as amended, contained herein do not create, by implication, or otherwise, and new classified positions, vacancies or classifications within the Fire Department. SECTION 3. The Mayor and Council Communication ("M&C") which is presented contemporaneously with this ordinance is hereby expressly incorporated herein by reference for Ordinance No.21702-03-2015 Page 3 of 4 further clarification and explanation of the purposes and intent of the Council in their adoption of this ordinance. SECTION 4. This ordinance shall be cumulative of all provisions 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 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections 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 6. All other provisions of Section 13-27, of Chapter 13 of the Code of the City of Fort Worth (1986), as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 7. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ATTEST: Assistant City Attorney Mary J. KLW, tioecretary ADOPTED and EFFECTIVE: March 17, 2015 Ordinance No. 21702-03-2015 Page 4 of 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/17/2015 - Ordinance No. 21702-03-2015 DATE: Tuesday, March 17, 2015 REFERENCE NO.: G-18446 LOG NAME: 36AMENDASSIGNPAY SUBJECT: Adopt Ordinance Amending Section 13-27 of the City Code for Assignment Pay for Members of the Fire Department and Adding and Deleting Certain Assignment Pay Authorizations (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Section 13-27 of the City Code for assignment pay for members of the Fire Department and adding and deleting certain assignment pay authorizations. The recommended changes include technical and substantive changes to update certain category names and eligibility requirements to better reflect current assignments; the addition of categories for Hazardous Materials Responder— Deputy Chief, Professional Standards Investigator, and Bilingual Personnel; and the elimination of the category for Assistant Fire Marshal. DISCUSSION: Section 143.042 of the Texas Local Government Code permits the City Council to authorize assignment pay for fire fighters performing specialized functions in their department. The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the Fire Department. Approval of the above recommendations and associated ordinance will not result in any additional departmental expenditures. The elimination of the Fire Marshal and Assistant Fire Marshal categories only pertains to the assignment pay related to those positions and not the elimination of the positions themselves. The Fire Department will continue to maintain the positions of Fire Marshal (the Executive Assistant Chief will assume this role) and Assistant Fire Marshal (a Deputy Chief will assume this role). However, because of other assignment pays designated for the employees filling these roles, it was determined that continuing to provide separate assignment pays for the these specific positions was redundant. The recommended changes to the ordinance include technical and substantive changes to the assignments listed below to update certain category names and eligibility requirements to better reflect current assignments: jSection itle _ `Recommended Action Section 13-27(e)(3) Communications Chief I Delete Community_Risk_ Reduction Chief Add Section 13-27(e)(4)� Fire Marshal Delete QA A XA-P-NTnA ccrr,NPAY Pagel of 3 Bureau of Fire Prevention (BFP) Section Add Chief Section 13-27(e)(6) Support Services Chief Delete Emergency Medical Services (EMS) Chief Add Section 13-27(e)(7) Program Coordinator - Building Maintenance Delete Program Coordinator - Master Scheduler Add In addition, various internal reorganizations in the Fire Department, including the expansion of the Deputy Chief rank, have necessitated the addition of categories for Hazardous Materials Responder— Deputy Chief, and Professional Standards Investigator, and also rendered the Assistant Fire Marshal category obsolete. As a result, the following changes are recommended: Section Title [Action ecommended Section 13-27 [Assistant Fire Marshal Delete (e)(8) Section 13-27 FH�a-zardous Materials Responder Add (e)(29) eputy Chief Section 13-27 Professional Standards Add (e)(30) Investigator Furthermore, the recommended changes include updating Section 13-27 of the Fort Worth City Code to be consistent with the Civil Service Personnel Rules and Regulations (PRRs) for Bilingual Skills Pay. On February 23, 2009, the Civil Service PRRs were revised to provide that employees whose job duties require the use of their bilingual skills may be eligible for additional compensation (verbal skills $100.00 per month; written skills an additional $25.00 per month, for up to $125.00 per month). A language proficiency test administered by the Human Resources Department must be taken and passed to be eligible for bilingual skills pay. Funds for this expense are currently budgeted. This addition will have no impact on departmental expenses. The recommended change for bilingual personnel assignment pay is as follows: Section Title Recommended _ Action Section 13-27(e) Bilingual Add (28) personnel The ordinance enacting these changes does not create, by implication or otherwise, any new classified positions, vacancies or classifications within the Fire Department. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. Lop-name: 36AMENDASSIGNPAY Page 2 of 3 FUND ENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Rudy Jackson (6199) Originating Department Head: Rudy Jackson (6801) Additional Information Contact: Scott Hanlan (6803) T nnnnmi— 1AAWNI)ASSiGNPAY Page 3 of 3