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HomeMy WebLinkAboutOrdinance 127950 ORDINANCE NO AN ORDINANCE AMENDING SECTION 13-27, OF CHAPTER 13, "FIRE PREVENTION AND PROTECTION", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (AS AMENDED), PROVIDING FOR SUPPLEMENTAL COMPENSATION IN THE FORM OF ASSIGNMENT PAY TO FIREFIGHTERS WHO ARE ASSIGNED TO PERFORM 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, PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE, 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 1 SECTION 1 That Section 13-27, of Chapter 13 of the Code of the City of Fort Worth, Texas (1986), is hereby amended to read as follows "Sec. 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 listed "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 (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, 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 in- dividual 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 Assistant Fire Marshal, Chief Training Officer, Recruiting Chief and Technical Services 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 are the only specialized duty assignments in the Fire Department authorized to receive assignment pay, the maximum 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 1 Duty Assignment: Aircraft Rescue and Fire Fighting (ARFF) Instructor Assignment Pay• $175 00 per month 3 Eligibility Requirements (a) Current State of Texas Intermediate Instructor Certification, (b) Completion and maintenance of requirements for ARFF Responders, and (c) Assignment as a ARFF Instructor 2 Duty Assignment: Assistant 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 3 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 4 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 4 5 Duty Assignment: Fire Prevention Haz Mat Specialist Assignment Pay• $100 00 per month Eligibility Requirements (a) 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 6 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 7 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 Haz Mat Responders, and (c) Assignment as a Hazardous Material Instructor 8 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, 5 9 10 11 (b) Recertification -Completion of most current Texas Department of Health and EPAB paramedic recertification requirements, and (c) Assignment to Fire Department Paramedic position 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, (c) Participation as a responder in one aircraft fuel fire annually; and (d) Assignment to Primary/Back-up ARFF Response Fire Stations 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 Duty Assignment: Primary and Secondary Hazardous Materials Responder Assignment Pay• $100 00 per month Eligibility Requirements (a) 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 Haz Mat Fire Stations, Emergency Management Office 6 12 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 to one of the following Fire Department Program Coordinator positions 1 Swift Water Rescue 2 Hazardous Materials 3 ARFF 4 Recruit Training 13 Duty Assignment: Recruitment Chief Assignment Pay• $350 00 per month Eligibility Requirements (a) Hold rank of Battalion Chief (b) Recognized qualifications and expertise in recruitment, training and evaluation of new employees (c) Working knowledge of affirmative action laws and procedures 14 Duty Assignment: 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 1 Fire Investigation 2 CAD/Communications 3 Vehicle Services 4 EMS Coordinator 5 Fire Safety Education Coordinator 6 SCBA/Operations Support 7 Supply Supervisor 7 15 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 approved by Fire Chief 16 Duty Assignment: Swift 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 17 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; and (b) Minimum of 24 hours annual continuing education 18 Duty Assignment: Technical Services 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 8 19 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 20 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 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 of 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 9 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 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 unconstitutional phrase, clause, sentence, paragraph or section SECTION 5 The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Section One above into the minutes of the City Council and by filing the ordinance in the ordinance records of the City SECTION 6 This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained 10 APPROVED AS TO FORM AND LEGALITY City Atto y - Ra;z Date D ~.c~,ntic~ gc~. 3, 1 g 9 b ADOPTED ,~~- ~ ~ _ ~ ~` EFFECTIVE 11 City of Fort Worth, Texas Mayor and Council Communication DATE REFSRSNCE NUMB~~G-11694 LOG NAME PAGE 12/12/96 36PAYOFiD 1 of 2 svsJECT I AMENDMENTS TO FIRE DEPARTMENT ASSIGNMENT PAY ORDINANCE RECOMMENDATION It is recommended that the City Council adopt the attached amendments to Section 13-27, of Chapter 13, "Fire Prevention and Protection", of the City Code, which provides assignment pay to firefighters assigned to specialized duties, authorizing a fourth staff battalion chief to receive assignment pay, and changing various eligibility requirements for receiving assignment pay DISCUSSION Section 143 042 of the Texas Local Government Code provides that the City Council may authorize "Assignment Pay" for firefighters performing specialized functions in the department On January 16, 1996, City Council adopted Ordinance No 12357 which created Section 13-27 of the City Code, specifying such pay for certain firefighters in the Fort Worth Fire Department The following amendments are recommended to change the following eligibility requirements for receiving assignment pay The original ordinance authorized three staff battalion chiefs to receive assignment pay at the rate of 5350 per month Since adoption of the ordinance, a fourth staff battalion chief, the Recruitment Chief, was approved for the department The Recruitment Chief is responsible for entry level recruitment, testing, and hiring, recruitment training, affirmative action, the apprenticeship program, and probationary evaluations for the Fire Department 2 Section 1 e 11 Primary and Secondary Hazardous Materials Responder -deletes "Bureau of Fire Prevention" from the assignment statement, as this position is specified in Section 1e5 3 Section 1 e 11 Primary and Secondary Hazardous Materials Responder and Section 1 e 5 Fire Prevention HazMat Specialist -changes "Quarterly required continuing education, training, and testing" to "A minimum of 8 hours required continuing education, training, and testing annually " 4 Section 1 e 17 Swift Water/Underwater Responder - removes TCFFSE, as this organization no longer certifies underwater dive personnel, removes "Assignment to Swift Water/Underwater Rescue Station," as all certified divers may receive assignment pay regardless of station assignment Funds were included for this change in the 1996-97 budget P/IR}y~ M QOA/f~N~ p7MI City of Fort worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/12/96 **G-11694 36PAYORD 2 of 2 suBJECT AMENDMENTS TO FIRE DEPARTMENT ASSIGNMENT PAY ORDINANCE 5 Also, to clarify the purposes and effect of the ordinance, all former references to "Position" have been modified by deleting the term "position" and inserting the term "Duty Assignment "Also, all of the Specialized Assignments were then reordered alphabetically and renumbered accordingly FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that the funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund LW m Submitted for City Manager's Office by: FUND (to) ACCOUNT CENTER ~ AMOUNT CITY SECRETARY Libby Watson 6183 Originating Department Head: Lang McMillen For Additional Wormation ContaM: Larry McMillen 6801 (from) GGOI GGO1 6801 514330 514330 0368000 $ 4,200.00 0363510 $46,800.00 APPROVED CITY COUNC{!. ~ "DEC ~ 12 19~ L~ctr.~/ Citq Secretary o[ tho City of Fort Worth, Teaas