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HomeMy WebLinkAboutOrdinance 16988-06-2006ORDINANCE NO 16988-06-2006 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 SPECIALIZED DUTIES WITHIN THE FIRE DEPARTMENT PROVIDING FOR ELIMINATION OF ELIGIBILITY FOR THE CATEGORY OF TRAINEE INSTRUCTOR, PROVIDING FOR SUPPLEMENTAL COMPENSATION IN THE FORM OF ASSIGNMENT PAY FOR THE CATEGORY OF COMMUNICATIONS CHIEF PROVIDING FOR ELIMINATION OF ELIGIBILITY FOR THE CATEGORY OF COMMUNITY RELATIONS CHIEF PROVIDING FOR SUPPLEMENTAL COMPENSATION IN THE FORM OF ASSIGNMENT PAY FOR THE CATEGORY OF SUPPORT SERVICES CHIEF PROVIDING FOR SUPPLEMENTAL COMPENSATION IN THE FORM OF ASSIGNMENT PAY FOR THE CATEGORY OF HAZARDOUS MATERIALS RESPONDER - BATTALION CHIEF PROVIDING FOR SUPPLEMENTAL COMPENSATION IN THE FORM OF ASSIGNMENT PAY FOR THE CATEGORY OF PUBLIC EDUCATOR, 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. BE IT HEREBY KNOWN 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 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 to read as follows 'Section 13-27 Assignment Pay for the Performance of Specialized Duties Within the Fire Department" (a) The Chief of the Fire Department or the Chief's designee may from time to time designate civil service Firefighters to perform one of the specialized duty assignments set forth in this section which requires the attainment of specialized training and/or the performance of duties in addition to traditional firefighting operations (b) Subject to the City Council's annual review approval and funding in each fiscal year budget ordinance while assigned to and performing one of the specialized duties listed herein a Firefighter may receive in addition to his/her regular base salary additional compensation in the form of assignment pay in the amount corresponding to the specialized assignment listed 'Base salary" shall be the amount shown in the City's salary schedule for the current fiscal year exclusive of all other additional payments or allowances (c) It is further expressly stated that all of the Assignment Pay" positions are to be made with existing personnel staffing levels and that this section shall not operate to create any new civil service classifications (ranks) or other authorized positions within the Fire Department. This section shall not operate to create any vacancies at any existing classified position within the Fire Department. This section shall not operate to increase or diminish the overall number of authorized civil service positions in the Fire Department. A `Duty Assignment" may include employees who are designated to perform specialized functions intermittently in a reserve capacity to substitute when regularly assigned employees are absent or unavailable (d) The following conditions are applicable to all forms of assignment pay authorized by this section (1) To be eligible for assignment pay an employee must be expressly assigned by the Fire Chief or designee to one of the assignment pay positions listed herein as a regular on-going duty assignment or reserve assignment, and must also be expressly authorized by the Fire Chief or designee to receive the assignment pay in conjunction with the assignment. (2) In addition to the criteria listed for each assignment pay position herein in order to become eligible and thereafter remain eligible for assignment pay each employee shall also be required to participate in the operations of their specialized duties or operation either as a regular on-going duty assignment or in a designated reserve capacity shall acquire and demonstrate the appropriate level of expertise and proficiency in their specialized duties or operation possess and maintain current certifications in the areas of expertise required for the duty assignment; and perform other related duties as assigned by the Fire Chief (3) Employees assigned to the specialized assignments listed herein shall be eligible to receive assignment pay only while satisfactorily performing the assigned duties. Assignment pay shall not accrue nor be payable to an individual once that person is no longer assigned to or otherwise no longer performing the specialized duties or is absent due to illness or other authorized leave for a period of ninety (90) days or more or fails to 2 maintain current certifications as required or while suspended from duties as the result of a disciplinary action (4) Except for employees who are explicitly assigned in a reserve capacity Assignment Pay is not authorized for employees who only temporarily fill in for another employee who was expressly assigned but who is temporarily absent for a period of ninety (90) days or less due to illness vacation or some other authorized absence (5) If qualified and expressly authorized by the Fire Chief or designee all Firefighters are eligible to receive up to three assignment pay categories (6) Employees receiving Instructor pay in a particular category may not receive responder pay in the same discipline (7) In instances in which assignments require obtaining certifications or licenses such licenses or certifications must be obtained as soon as practical after an assignment is made (e) The following listings are the only specialized duty assignments in the Fire Department authorized to receive assignment pay The listing includes the amount of assignment pay authorized for each assignment, and the specialized training education or other criteria required in order to be eligible for the specialized assignments. Chief Fire Investigator Assignment Pay' $350 00 per month Eligibility Requirements (a) Hold the rank of Battalion Chief and (b) Hold or obtain as a minimum a basic Arson Investigator certification from the Texas Commission on Fire Protection and (c) Hold or obtain as a minimum a basic Peace Officer license from the Texas Commission on Law Enforcement Officer Standards and Education and (d) Hold or obtain certification as a Hazardous Device Technician with the Federal Bureau of Investigation and (e) Hold or obtain Hazardous Materials Technician certification from the Texas Commission on Fire Protection and (f) Have recognized qualifications and expertise in management and supervisory practices, and (g) Be assigned as the Chief Fire Investigator 2 Chief Training Officer Assignment Pay $350 00 per month Eligibility Requirements (a) Hold the rank of Battalion Chief and 3- (b) Hold or obtain an Advanced Instructor certification from the Texas Commission on Fire Protection (NFPA Instructor III) and (c) Have recognized qualifications and expertise in management and supervisory practices, and (d) Hold or obtain a Hazardous Materials Technician certification from the Texas Commission on Fire Protection and (e) Be assigned as the Chief Training Officer 3 Communications Chief Assignment Pay' $350 00 per month Eligibility Requirements (a) Hold the rank of Battalion Chief and (b) Complete APCO Communications Center Supervisor Course and (c) Have recognized qualifications and expertise in fire dispatch and communications and (d) Hold or obtain a Hazardous Materials Technician certification from the Texas Commission on Fire Protection and (e) Be assigned as the Fire Communications Chief 4 Fire Marshal Assignment Pay' $350 00 per month Eligibility Requirements. (a) Hold the rank of Battalion Chief and (b) 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) and (c) Have recognized qualifications and expertise in management and supervisory practices and (d) Hold or obtain a Hazardous Materials Technician certification from the Texas Commission on Fire Protection and (e) Be assigned as the City of Fort Worth Fire Marshal 5 Special Operations Chief Assignment Pay' $350 00 per month Eligibility Requirements. (a) Hold the rank of Battalion Chief and (b) Have recognized qualifications and expertise in management and supervisory practices and (c) Hold or obtain a Hazardous Materials Technician certification from the Texas Commission on Fire Protection and (d) Be assigned as the Special Operations Chief -4- 6 Support Services Chief Assignment Pay' $350 00 per month Eligibility Requirements. (a) Hold the rank of Battalion Chief and (b) Have recognized qualifications and expertise in management and supervisory practices and (c) Hold or obtain a Hazardous Materials Technician certification from the Texas Commission on Fire Protection and (d) Be assigned as the Support Services Chief 7 Program Coordinator Assignment Pay' $200 00 per month Eligibility Requirements (a) Have recognized qualifications and expertise in management and supervision of the assigned departmental program and (b) Be assigned as the Program Coordinator for one of the following departmental programs 1 Aircraft Rescue Fire Fighting (ARFF) 2 Assistant Aircraft Rescue Firefighting (Alliance) 3 Assistant Aircraft Rescue Firefighting (Meacham) 4 Hazardous Materials 5 Recruit Training 6 Technical Rescue 7 Swift Water/ Underwater Rescue 8 Emergency Medical Services 9 Public Information 10 Building Maintenance 8 Section Manager Assignment Pay' $200 00 per month Eligibility Requirements. (a) Have recognized qualifications and expertise in management and supervision of the assigned departmental section and (b) Hold or obtain as a minimum an Intermediate Instructor Certification from the Texas Commission on Fire Protection (NFPA Instructor II) and (c) Be assigned as the Manager for one of the following departmental sections 1 Public Education 2 Self Contained Breathing Apparatus (SCBA) 3 Supply 4 Vehicle Services 5- 5 Assistant Fire Marshal 6 Fire Communications 7 Fire Investigations 9 Fire Inspector Assignment Pay' $175 00 per month Eligibility Requirements (a) 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) and (b) Be assigned as a Fire Inspector 10 Fire Investigator Assignment Pay' $175 00 per month Eligibility Requirements. (a) Hold as a minimum a basic Arson Investigator certification from the Texas Commission on Fire Protection and (b) Hold as a minimum a basic Peace Officer license from the Texas Commission on Law Enforcement Officer Standards and Education and (c) Be assigned as a Fire Investigator 11 Hazardous Device (Bomb) Technician Assignment Pay' $100 00 per month Eligibility Requirements (a) Hold certification as a Hazardous Device Technician with the Federal Bureau of Investigation and (b) Be assigned as a Hazardous Device (Bomb) Technician 12. Hazardous Materials Technician Fire Prevention .Assignment Pay' $100 00 per month Eligibility Requirements (a) Hold or obtain a Hazardous Materials Technician certification from the Texas Commission on Fire Protection and (b) Be assigned to the Bureau of Fire Prevention as a Hazardous Materials Specialist as defined in the Fort Worth Fire Department Standard Operating Procedures 13 Paramedic Assignment Pay' $100 00 per month Eligibility Requirements (a) Hold certification as a Paramedic with the Texas Department of State Health Services and -s- (b) Be assigned as Active or Reserve Paramedic as defined in the Fort Worth Fire Department Standard Operating Procedures. 14 Public Educator Assignment Pay' $175 00 per month Eligibility Requirements (a) Hold or obtain as a minimum, an Intermediate Instructor Certification from the Texas Commission on Fire Protection (NFPA Instructor II) and (b) Be assigned as a Public Educator 15 Hazardous Materials Instructor Assignment Pay' $175 00 per month Eligibility Requirements (a) Hold a Hazardous Materials Technician certification from the Texas Commission on Fire Protection and (b) Hold as a minimum an Intermediate Instructor Certification from the Texas Commission on Fire Protection (NFPA Instructor II) and (c) Be assigned as a Hazardous Materials Instructor 16 Aircraft Rescue Fire Fighting (ARFF) Instructor Assignment Pay' $175 00 per month Eligibility Requirements (a) Hold as a minimum a basic Aircraft Rescue Fire Fighter certification from the Texas Commission on Fire Protection and (b) Hold as a minimum an Intermediate Instructor Certification from the Texas Commission on Fire Protection (NFPA Instructor II) and (c) Be assigned as an ARFF Instructor 17 Specialty Instructor Assignment Pay' $175 00 per month Eligibility Requirements. (a) Hold as a minimum an Intermediate Instructor Certification from the Texas Commission on Fire Protection (NFPA Instructor II) and (b) Be assigned as a Specialty Instructor 18 Swift Water / Underwater Instructor Assignment Pay' $175 00 per month Eligibility Requirements 7 (a) Hold as a minimum an Intermediate Instructor Certification from the Texas Commission on Fire Protection (NFPA Instructor II) and (b) Hold an Instructor Certification from the National Association of Underwater Instructors (NAUI) and (c) Be assigned as a Swift Water Rescue Instructor 19 Technical Rescue Instructor Assignment Pay' $175 00 per month Eligibility Requirements (a) Complete the training and job performance requirements for Technical Rescue Technician as specified by the Special Operations Chief and (b) Hold as a minimum an Intermediate Instructor Certification from the Texas Commission on Fire Protection (NFPA Instructor II) and (c) Be assigned as a Technical Rescue Instructor 20 Training Academy Instructor Assignment Pay' $175 00 per month Eligibility Requirements (a) Hold or obtain as a minimum an Intermediate Instructor Certification from the Texas Commission on Fire Protection (NFPA Instructor II) and (b) Be assigned as a Training Academy Instructor 21 Aircraft Rescue Fire Fighting (ARFF) Responder Assignment Pay' $100 00 per month Eligibility Requirements. (a) Hold or obtain as a minimum a basic Aircraft Rescue Fire Fighter certification from the Texas Commission on Fire Protection and (b) Be assigned as an ARFF responder 22 Hazardous Materials -Responder Assignment Pay' $100 00 per month Eligibility Requirements. (a) Hold or obtain a Hazardous Materials Technician certification from the Texas Commission on Fire Protection and (c) Be assigned as a primary or secondary Hazardous Materials Responder as defined in the Fort Worth Fire Department Standard Operating Procedures 23 Hazardous Materials Responder -Battalion Chief Assignment Pay' $100 00 per month -8- Eligibility Requirements (a) Hold the rank of Battalion Chief and (b) Hold or obtain a Hazardous Materials Technician certification from the Texas Commission on Fire Protection and (c) Be assigned as a Staff or Operation Battalion Chief 24 Swift Water /Underwater Responder Assignment Pay' $100 00 per month Eligibility Requirements (a) Hold as a minimum Scuba Diver certification from the National Association of Underwater Instructors (NAUI) or equivalent certifying agency and (b) Be assigned as an Active or Reserve Swift Water/Underwater Responder 25 Technical Rescue Responder Assignment Pay' $100 00 per month Eligibility Requirements. (a) Hold or obtain the Fort Worth Fire Department training and job performance requirements for Technical Rescue Technician and (b) Be assigned as a Technical Rescue Responder SECTION 2. The Mayor and Council Communication ("M & C") which 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 3. 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 4 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 effect any of the remaining phrases, clauses sentences, paragraphs and sections of this -9- 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 5. This ordinance shall take effect upon passage APPROVED AS TO FORM AND LEGALITY City Attr~r ley ~ ~ s /~ /O Date ADOPTED June 13. 2006 EFFECTIVE June 13. 2006 10- City of Fort ,Worth, Texas Mayor and Council Communication RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Section 13-27 of the City Code specifying Fire Department Assignment Pay The recommended changes clarify the time in which certain categories are required to obtain special certifications, add the categories of Communications Chief Public Educator and Hazardous Materials Responder -Battalion Chief eliminate the category of Trainee Instructor and Community Relations Chief and rename certain categories to better reflect assignments DISCUSSION The recommended changes to the ordinance are technical not substantive The first change makes clearer the time frame in which firefighters assigned to certain categories of assignment pay must obtain special certifications. Minor 'housekeeping changes have been made to category titles to better reflect the nature of the assignments In addition internal reorganization in the Fire Department has rendered the assignment pay categories of Trainee Instructor and Community Relations Chief obsolete Also as a result of reorganization the categories of Support Services Chief Public Educator and Hazardous Materials Responder -Battalion Chief have been added FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material affect on City funds TO Fund/AccountlCenters FROM Fund/Account/Centers Submitted for City Manager's Office b~ Joe Paniagua (6191) Originating Department Head. Charles Gaines (6801) Additional Information Contact: Charles Gaines (6801) Logname 36ASSIGNPAY Page 1 of 1