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HomeMy WebLinkAboutOrdinance 15353.~`` ORDINANCE NO ~`~`~~~ 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 SECTION MANAGER FOR FIRE INVESTIGATION, PROVIDING FOR SUPPLEMENTAL COMPENSATION IN THE FORM OF ASSIGNMENT PAY FOR THE CATEGORY OF CHIEF INVESTIGATOR, PROVIDING FOR ELIMINATION OF ELIGIBILITY FOR THE CATEGORY OF RECRUITMENT CHIEF, PROVIDING FOR SUPPLEMENTAL COMPENSATION IN THE FORM OF ASSIGNMENT PAY FOR THE CATEGORY OF COMMUNITY RELATIONS CHIEF, DELETING THE TERM "ASSISTANT" FROM DUTY ASSIGNMENT ASSISTANT FIRE MARSHAL, 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 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 as 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 "Duty Assignments" 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. (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 to one of the duty assignments listed herein as a regular on-going duty assignment, and must also be expressly authorized by the Fire Chief to receive the assignment pay in conjunction with the assignment. (2) In addition to the criteria listed for each duty assignment herein, in order to become eligible and thereafter remain eligible for assignment pay, each employee shall also be required to plan, direct, supervise and participate in the daily operations of their specialized duties or operation, -2- 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 maintain current certifications as required, or while suspended from duties as the result of a disciplinary action (4) 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) Although otherwise qualified, the Battalion Chiefs who are assigned the duties of Fire Marshal, Chief Training Officer, Community Relations Chief, Chief Investigator, and Technical Operations Chief are eligible for only one form of assignment pay as set forth herein (6) If qualified and expressly authorized by the Fire Chief, all other Firefighters are eligible to receive more than one form of assignment pay as set forth herein (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 Duty Assignment: Aircraft Rescue and Fire Fighting (ARFF) Instructor Assignment Pay' $175 00 per month Eligibility Requirements (a) Current State of Texas Intermediate Instructor Certification, (b) Completion and maintenance of requirements for ARFF Responders, and (c) Assignment as an ARFF Instructor -3- 2 Duty Assignment: Fire Marshal Assignment Pay' $350 00 per month Eligibility Requirements (a) Hold rank of Battalion Chief; (b) Recognized qualifications and expertise in management and supervisory practices, and (c) Assignment to Bureau of Fire Prevention as a Fire Marshal 3 Duty Assignment: Chief Investigator Assignment Pay' $350 00 per month Eligibility Requirements (a) Hold rank of Battalion Chief; (b) Recognized qualifications and expertise in management and supervisory practices, and (e) Assignment to Fire Investigations 4 Duty Assignment: Chief Training Officer Assignment Pay $350 00 per month Eligibility Requirements (a) Hold rank of Battalion Chief; (b) Recognized qualifications and expertise in management and supervisory practices, and (c) Assignment to Fire Training Academy as a Chief Training Officer 5 Duty Assignment: Community Relations Chief Assignment Pay $350 00 per month Eligibility Requirements (a) Hold rank of Battalion Chief; (b) Recognized qualifications and expertise in public education and community services, and (c) Assignment to Fire Training Academy as a Community Relations Chief 6 Duty Assignment: Fire Investigator Assignment Pay $175 00 per month Eligibility Requirements (a) State of Texas Fire Investigator certification, (b) State of Texas Peace Officer certification, and (c) Minimum of 20 hours annual continuing education for Fire Investigator certification and 40 hours continuing education every two years for Peace Officer certification, and (d) Assignment to Bureau of Fire Prevention as a Fire Investigator -4- 7 Duty Assignment: Fire Prevention Hazardous Material Specialist Assignment Pay' $100 00 per month Eligibility Requirements. (a) Forty (40) hour EPA/OSHA course, (b) A minimum of eight (8) hours continuing education, training and testing required annually; and (c) Assignment to Bureau of Fire Prevention as a Fire Prevention Hazardous Material Specialist. 8 Duty Assignment: Fire Prevention Inspector Assignment Pay' $175 00 per month Eligibility Requirements (a) Completion of 208 hours of Technical Inspection training, (b) Minimum 20 hours annual continuing education, and (c) Assignment to Bureau of Fire Prevention as a Fire Prevention Inspector 9 Duty Assignment: Hazardous Material Instructor Assignment Pay' $175 00 per month Eligibility Requirements (a) State of Texas Intermediate Instructor Certification, (b) Completion and maintenance of requirements for Hazardous Material Responders, and (c) Assignment as a Hazardous Material Instructor 10 Duty Assignment: Paramedic Assignment Pay' $100 00 per month Eligibility Requirements (a) Initial certification -Completion of most current Texas Department of Health and EPAB paramedic certification requirements, (b) Recertification -Completion of most current Texas Department of Health and EPAB paramedic recertification requirements, and (c) Assignment as a Fire Department Paramedic 11 Duty Assignment: Primary and Backup Aircraft Firefighting and Rescue Responder Assignment Pay' $100 00 per month Eligibility Requirements (a) State of Texas ARFF certification, (b) Minimum of 24 hours annual continuing education, and (c) Assignment to a Primary/Back-up ARFF Response Stations Fire Station as a Primary or Backup Aircraft Firefighting and Rescue Responder -5- 12 Duty Assignment: Primary Bomb Technician Responder Assignment Pay' $100 00 per month Eligibility Requirements (a) FBI Hazardous Device Technician certification, (b) Minimum of 20 hours .annual continuing education, and (c) Assignment to Bureau of Fire Prevention as a Primary Bomb Technician Responder 13 Duty Assignment: Responder Assignment Pay' Primary and Secondary Hazardous Materials $100 00 per month Eligibility Requirements (a) Forty (40) hour EPA/OSHA course, (b) A minimum of eight (8) hours of continuing education, training and testing required annually; and (c) Assignment to Primary/Secondary Hazardous Material Fire Stations or Emergency Management Office as a Primary or Secondary Hazardous Materials Responder 14 Duty Assignment: Program Coordinator Assignment Pay' $200 00 per month Eligibility Requirements. (a) Recognized qualifications and expertise in management and supervision of the Departmental Program assigned, and (b) Assignment as Program Coordinator to one of the following Fire Department Program Coordinator positions 1 Water Rescue 2 Hazardous Materials 3 ARFF 4 Recruit Training 5 Technical Rescue 15 Section Manager Assignment Pay' $200 00 per month Eligibility Requirements. (a) Recognized qualifications and expertise in management and supervision of the departmental section assigned, and (b) Assignment to one of the following Fire Department Section Manager positions (i) CAD/Communications (ii) Vehicle Services (iii) EMS Coordinator (iv) Fire Safety Education Coordinator (v) SCBA/Operations Support (vi) Supply Supervisor -6- 16 Duty Assignment: Specialty Instructor Assignment Pay' $175 00 per month Eligibility Requirements. (a) State of Texas Intermediate Instructor Certification, and (b) Assignment to a training/teaching position as a Specialty Instructor 17 Duty Assignment: Water Rescue Instructor Assignment Pay' $175 00 per month Eligibility Requirements (a) State of Texas Intermediate Instructor Certification, (b) NAUI Certified Instructor Certification, (c) Completion and maintenance of requirements for Swift Water/Underwater Rescue Responders, and (d) Assignment as a Swift Water Rescue Instructor 18 Duty Assignment: Swift Water/Underwater Responder Assignment Pay' $100 00 per month Eligibility Requirements (a) 110 hours initial training certified through NAUI or other appropriate certifying agency; (b) Minimum of 24 hours annual continuing education, and (c) Assignment as a Swift Water/Underwater Responder 19 Duty Assignment: Technical Operations Chief Assignment Pay' $350 00 per month Eligibility Requirements (a) Hold rank of Battalion Chief; (b) Recognized qualifications and expertise in management and supervisory practices, and (c) Assignment to Fire Operations Administration Division as a Technical Operations Chief 20 Duty Assignment: Technical Rescue Team Member Assignment Pay' $100 00 per month Eligibility Requirements. (a) Training and job performance requirements for technical rescue technician as specified by the Fire Chief; (b) 20 hours annual technical rescue continuing education, and (c) Assignment to a Technical Rescue Team fire station as a Technical Rescue Team Member -7- ,~ 21 Duty Assignment: Technical Rescue Instructor Assignment Pay $175 00 per month Eligibility Requirements. (a) State of Texas Intermediate Instructor Certification, (b) Completion and maintenance of requirements for Technical Rescue responders, and (c) Assignment as a Technical Rescue Instructor 22 Duty Assignment: Trainee Instructor Assignment Pay' $175 00 per month Eligibility Requirements. (a) State of Texas Intermediate Instructor Certification, and (b) Assignment to Training Station as a Trainee Instructor 23 Duty Assignment: Training Academy Instructor Assignment Pay' $175 00 per month Eligibility Requirements. (a) State of Texas Intermediate Instructor Certification, and (b) Assignment to Training Division as a Training Academy { Instructor 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 -a- :^ 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 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 uate ADOPTED 1 x-13) o a EFFECTIVE. /OZ~ 31 (~ ~ -9- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/3/02 **G-13818 36CODE 1 of 1 SUBJECT ADOPT ORDINANCE MAKING TECHNICAL AMENDMENTS TO THE CITY CODE, SECTION 13-27 FOR ASSIGNMENT PAY FOR MEMBERS OF THE FIRE DEPARTMENT, AND DELETE ASSIGNMENT PAY AUTHORIZATION FOR OBSOLETE POSITION ASSIGNMENT CATEGORIES RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Section 13-27 of the City Code to clarify the circumstances under which Fire Department personnel become eligible for assignment pay, and to delete authorization for assignment pay in several obsolete categories In addition, the abbreviation "HAZ MAT" is to be expanded to the full term "Hazardous Materials " DISCUSSION The recommended changes to the ordinance are technical, not substantive The first change makes the ordinance clearer and less likely to be misinterpreted The ordinance currently has one sentence that requires the Fire Chief to make each assignment. The recommended ordinance adds this requirement to each subsection Although the language is duplicative, each subsection will now explain the requirement independently, which leaves less room for misinterpretation and error Secondly, a minor "housekeeping" change is included the abbreviation "HAZ MAT" is expanded to the full term "Hazardous Materials " Lastly, internal reorganization in the Fire Department has rendered the following position assignment categories obsolete • Section Manager for Fire Investigation (replaced by Chief Investigator), and • Recruitment Chief (replaced by Community Relations Chief), and • Assistant Fire Marshal (replaced by Fire Marshal) The ordinance amends the City Code to reflect these changes as well FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds LW k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 Originating Department Head: Charles Gaines 6801 (from) APPROVED 12/03/02 ORDINANCE NO 15353 Additional Information Contact: Charles Gaines 6801