HomeMy WebLinkAboutOrdinance 11921ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2 OF THE Code OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 2-
83(B), BY DELETING IN ITS ENTIRETY ARTICLE V THEREOF,
ENTITLED "PERSONNEL", AND BY SUBSTITUTING IN LIEU THEREOF
A NEW ARTICLE V, ENTITLED "HUMAN RESOURCES"; PROVIDING
FOR THE ESTABLISHMENT AND ORGANIZATION OF A DEPARTMENT OF
HUMAN RESOURCES; PROVIDING FOR THE APPOINTMENT OF A
DIRECTOR OF THE DEPARTMENT OF HUMAN RESOURCES AND
PRESCRIBING THE DIRECTOR'S DUTIES AND RESPONSIBILITIES;
PROVIDING FOR THE ESTABLISHMENT OF A SYSTEM OF HUMAN
RESOURCE MANAGEMENT BASED UPON MERIT PRINCIPLES;
PRESCRIBING APPROPRIATE MERIT PRINCIPLES; PROVIDING THAT
THE SYSTEM OF HUMAN RESOURCE MANAGEMENT SHALL APPLY TO
THOSE CITY OFFICERS AND EMPLOYEES IDENTIFIED THEREIN;
PROVIDING FOR THE DISMISSAL, SUSPENSION OR DEMOTION OF
City EMPLOYEES FOR CAUSE; ESTABLISHING A DISCIPLINARY
APPEALS BOARD TO HEAR APPEALS AND MAKE DETERMINATIONS
REGARDING THE DISMISSAL, SUSPENSION OR DEMOTION OF CITY
EMPLOYEES; PROVIDING FOR THE ESTABLISHMENT AND
IMPLEMENTATION OF PERSONNEL REGULATIONS; PROVIDING FOR
THE CERTIFICATION OF PAYROLL VOUCHERS; PROHIBITING
CERTAIN POLITICAL ACTIVITIES BY CITY OFFICERS AND
EMPLOYEES; PRESCRIBING AND PROHIBITING UNLAWFUL ACTS;
PRESCRIBING PENALTIES FOR THE WILLFUL VIOLATION OF THE
PROVISIONS OF THIS ARTICLE; ESTABLISHING RESIDENCY
REQUIREMENTS FOR CITY EMPLOYEES AND STANDARDS FOR
RESPONSE BY CERTAIN CITY EMPLOYEES TO CIVIL EMERGENCIES;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council finds, upon recommendation of the
City Manager, that the Human resource management functions of
recruitment, classification, compensation, employee relations,
training and development, testing and assessment,- civil service
administration, employee assistance, and Personnel records be
merged into and incorporated into a Department; and
WHEREAS, the City Council deems it necessary for the efficient
operation of municipal government to create and establish a
Department of Human Resources;
NOW, THEREFORE, BE IT ORDAINED BY THE City Council OF THE City
OF FORT WORTH, TEXAS:
1.
That Chapter 2 of the Code of the City of Fort Worth(1986), as
amended, is hereby further amended by replacement of the term
' "Personnel Commission" in the list of excepted Boards and
commissions found in Article III, Subsection 2-83(b) with the term
"Disciplinary Appeals Board".
2.
That Chapter 2 of the Code of the City of Fort Worth (1986),
as amended, is hereby amended by deleting in its entirety Article
V thereof, entitled "Personnel", and by substituting in lieu
thereof a new Article V, entitled "Human Resources", and following
said amendment, Article V of Chapter 2 of the Code of the City of
Fort Worth (1986), as amended, shall read as follows, to wit:
ARTICLE V - Human Resources
Section 1. Department established and organized.
That a Department of Human Resources is hereby established. The
Department shall be under the supervision of the Director of Human
Resources, who shall be subject to appointment and removal by the
City Manager. The salary of the Director of Human Resources shall
be in accordance with the compensation plan of the City.
Section 2. Responsibilities generally.
The Director of Human Resources shall act to coordinate activities
within the Department. The Director shall. provide overall
management functions for the Department, including fiscal control,
human resource programs, and administration of the City's human
resource management program in accordance with the provisions of
this chapter and the State Civil Service Law for Firefighters and
Police Officers, and in cooperation with other City departments.
Section 3. Merit System.
The City Council shall establish a system of Human resource
management based upon merit principles that meet the program needs
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of the City. This merit system shall provide the means to recruit,
select, develop and maintain an effective and responsive work force
and shall include policies and procedures for employee hiring and
advancement, training and career development, job classification,
salary administration, employment benefits, discipline, discharge,
and other related employment activities.
Section 4. Merit principles.
(a) Recruitment shall be from qualified individuals from all
appropriate sources and, after fair and open competition.
Selection shall be on the basis of job-related ability,
knowledge and skills.
(b) All persons applying for employment and all employees
shall receive fair and equitable treatment in all aspects
of human resource management without regard to race,
color, religion, national original, sex, marital status,
age, disability or political affiliation and with proper
regard for their privacy and their constitutional rights.
(c) Employee advancement shall be based on demonstrated
ability and quality of performance.
(d) Equitable compensation shall be provided for equivalent
work, and incentives may be provided for excellence in
performance.
(e) Employees shall be retained on the basis of their
performance; training and development opportunities may
be provided; inadequate performance shall be corrected;
employees shall be dismissed who cannot or will not
improve their performance to meet established standards.
(f) High standards of integrity and conduct shall be
established which shall be maintained by all employees.
(g) Employees shall be prohibited from using their official
authority or influence for the purpose of interfering
with or affecting the result of a nomination for public
office or an election. Employees shall be protected from
coercion for political purposes.
Section 5. Coverage of the System.
This Article shall apply to all officers and employees of the City
and shall apply to all such positions in the City service now
existing or hereafter established., except as provided below:
(a) The Mayor, members of the City Council and members of
appointive boards shall be exempt from the provisions of
this Article.
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(b) The City Manager and the Assistant City Managers shall be
exempt from the dismissal, suspension, and demotion
section of this Article.
(c) The City Manager's Secretary shall be subject to the
dismissal, suspension, and demotion section of this
Article, save and except that, in the event of an appeal
by the City Manager's Secretary of a disciplinary action,
all findings and recommendations of the Disciplinary
Appeals Board or its designated Hearing Officer shall be
made to the Inter/Intra-Governmental Affairs Committee of
the City Council for final decision, rather than to the
City Manager.
(d) The heads of Departments, assistant heads of Departments,
division heads, the judges of the municipal court system,
the City Internal Auditor, and the City Secretary shall
be exempt from the dismissal, suspension, and demotion
section of this Article.
(e) Persons temporarily appointed to the City service and
employees in their initial probationary period shall be
exempt from the dismissal, suspension, and demotion
section of this Article.
(f) The City Attorney and all assistants in the Department of
law shall be exempt from the dismissal, suspension, and
demotion section of this Article.
(g) Employees of the Police Department and Fire Department
who are subject to the provisions of the Fire and Police
Civil Service law (Texas Local Government Code, Chapter
143) are exempt from the section on dismissal,
suspension, and demotion, and the section on political
activities.
Section 6. Dismissal, suspension or demotion.
The head or assistant head of a City department or division head in
which an employee is serving may, for any cause specified in the
personnel regulations concerning disciplinary action, dismiss any
employee who is covered by this Article, suspend such employee for
more than ten (10) business days or demote such employee in rank or
position, all of which shall be subject to the right of appeal
given to such employee under this Article and under the relevant
City of Fort Worth Personnel Rules and Regulations, as contained in
the City Personnel Manual. The department or assistant department
head taking such disciplinary action shall forthwith prepare or
cause to be prepared a written statement of the action taken with
respect to such employee and the grounds for such action. Such
statement shall contain a specification of facts which will inform
the employee of the nature of the charges against the employee and
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will place the employee on fair notice of the basis for the
disciplinary action. Within three (3) business days after a pre-
disciplinary meeting is held, the department or division head or
designee shall send or deliver a copy of such statement to the
employee.
Section 7. Disciplinary Appeals Board.
(a) There shall be a Disciplinary Appeals Board, hereafter
called the "Board", consisting of members appointed by
the City Manager from among the qualified voters of the
City and confirmed by the City Council for staggered
terms of three (3) years. The members may be reappointed
to a second three (3) year term. The number of members
on the Board shall be as set from time to time by the
City Manager. As nearly as reasonably possible, the
membership of the Board shall be fairly representative of
both sexes and of the various racial groups which
comprise the employees of the City. Vacancies shall be
filled for the unexpired terms of any members whose
positions on the Board become vacant. All cases to be
heard by the Board shall be heard by a panel of three (3)
members. The members of the panel for each case shall be
appointed by the Chairperson of the Board. A decision of
the Board shall require the affirmative vote of at least
two (2) members of the panel. Panels of the Board may
hold simultaneous hearings. Members of the Board shall
hold no salaried City office. The Human Resources
Director shall provide staff assistance for the Board.
(b) The Board shall hold an organizational meeting in October
of each odd-numbered year and shall elect a Chairperson
and Vice-Chairperson from among its members before
proceeding to any other matters of business. Two thirds
(2/3) of the members of the Board shall constitute a
quorum for the conduct of business at such organizational
meeting.
Section 8. Appeals to the Disciplinary Appeals Board.
(a) The Board shall hear appeals submitted by an employee
subject to the provisions of this chapter and of the
Personnel Regulations relative to dismissal, demotion or
suspensions which exceed ten (10) business days, after
other normal administrative appeals have been exhausted.
The employee must file a written notice of such appeal
with the Human Resources Director or designee within ten
(10) business days after the Human Resources Department
informs the employee that the normal administrative
appeals have been exhausted. The filing of such notice
of appeal shall be a condition precedent to the Board
having jurisdiction to hear and consider the employee's
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appeal, or to take any other action relative thereto,
including designation of an independent Hearing Officer.
Failure to timely file such notice shall cause a
dismissal of the appeal, and shall terminate the appeal
process.
(b) An independent Hearing Officer may be designated and
directed by the Board to conduct hearings on employee
appeals. In each hearing conducted under this section,
the Hearing Officer has the same duties and powers of the
Board, including the right to issue subpoenas.
(c) Within ten (10) business days after conclusion of the
hearing of an appeal or as soon thereafter as
practicable, the Board or the designated Hearing Officer
shall determine whether the facts forming the basis for
the dismissal, demotion or suspension are sustained by a
preponderance of the evidence. If the Board or its
designated Hearing Officer shall determine that the
charges are sustained, the Board or its designated
Hearing Officer shall at once determine whether the
circumstances require that the employee be dismissed or
be suspended without pay for a definite period fixed in
the discretion of the Board or its designated Hearing
Officer, or demoted from a higher to a lower position.
If the Board or its designated Hearing Officer shall
determine that the charges are not sustained, the Board
or its designated Hearing Officer shall recommend an
appropriate course of action. Within ten (10) business
days of the conclusion of the hearing or as soon
thereafter as practicable, the Board or Hearing Officer
shall forward its written findings of fact and written
recommendation concerning the appeal to the City Manager
for appropriate action. Such recommendation shall be
limited to a statement of whether or not the Board or its
designated Hearing Officer finds that the charges against
the employee are sustained or not sustained, and the
action which the Board or its designated Hearing Officer
recommends concerning the employee's employment status.
Findings of fact shall be limited to the Board's or
designated Hearing Officer's factual determinations based
on evidence presented. Relief recommended by the Board
or its designated Hearing Officer for a reinstated
employee shall be limited to actual monetary losses and
benefits losses suffered by the employee. No punitive
relief, attorney's fees or such other relief shall be
available to the employee. In making any award of back
pay, the Board or its designated Hearing Officer shall
consider pay or benefits earned elsewhere by an employee
during the suspension or termination, in mitigation of
damages. The recommendations of the Board or Hearing
Officer are not binding on the City Manager, the City
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Manager having the final authority to take such action as
the City Manager determines to be in the best interests
of the City.
(d) The Board may, on its own motion or on the motion of the
department head or designee, or employee, order that the
hearing of an appeal be postponed. When the employee has
been duly notified that the appeal is set for hearing and
thereafter fails to appear at the appointed time and
place or to timely request a postponement, the Board may
dismiss the appeal.
Section 9. Personnel Regulations.
(a) The Human Resources Director shall prepare proposed
personnel regulations and amendments to personnel
regulations and submit them to the City Manager. When
the City Manager has approved the proposed regulations or
amendments, the City Manager shall file a copy with the
City Secretary and notify the City Council in writing of
the proposed regulations or amendments not less than two
weeks prior to their effective date. Any City Council
member may request that a proposed personnel regulation
or amendment be delayed pending review by the City
Council. After a review by the City Council, the City
Council shall refer the proposed personnel regulation or
amendment, with or without amendment, to the City Manager
for implementation.
(b) The personnel regulations shall provide for such Rules,
practices, and procedures as are necessary for the
effective administration of the City's human resource
management program.
(c) Employees may submit at any time written suggestions for
amendments to the personnel regulations. Suggested
amendments should be submitted to the Human Resources
Director.
Section 10. Certification of payroll vouchers.
The Human Resources Director or the Director's designee shall be
responsible for certifying that the persons named on the payroll
vouchers have been appointed and employed in accordance with the
provisions of this Article.
Section 11. Political activities.
(a) No officers or employees of the City shall, directly or
indirectly, solicit or receive or be in any manner
concerned in soliciting or in receiving any assessment,
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subscription or contribution for any political party or
for any political purpose whatever.
(b) No officers or employees of the City shall be an officer
of a political party or hold political office during
their employment with the City.
(c) Any appointive officer or employee of the City who shall
become a candidate for nomination or election to any
public office shall immediately forfeit the office or
employment held under the City.
(d) Nothing contained in this section shall affect the right
of employees to hold membership in and/or support a
political party, to act as a precinct Chairperson, to
vote as they choose, to express privately their opinions
on all political subjects and candidates, to maintain
political neutrality and to attend political meetings.
Section 12. Unlawful acts.
(a) No person shall make any false statement, certificate,
mark, rating or report with regard to any test,
certification or appointment made under any provision of
this Article or in any manner commit or attempt to commit
any fraud preventing the impartial execution of the
provisions of this Article and policies under this
Article.
(b) No person shall, directly or indirectly, give, render,
pay, offer, solicit or accept any money, service or other
valuable consideration for any appointment, proposed
appointment, promotion or proposed promotion to, or any
advantage in, a position in the City service.
(c) No employee of the Human Resources Department, examiner
or other person shall deceive or obstruct persons in
their right to examination, eligibility, certification or
appointment under this Article or furnish to any person
any special or secret information for the purpose of
affecting the rights or prospects of any person with
respect to employment in the City service.
(d) No person shall fail or refuse to comply with a subpoena
issued by the Board or its designated Hearing Officer, in
conducting a hearing on an employee appeal.
Section 13. Penalties.
(a) Any person who wilfully violates any provision of this
Article shall be guilty of a misdemeanor and subject to
punishment as provided in Section 1-6 of the City Code.
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(b) Persons convicted of a misdemeanor under this article
shall, for a period of five (5) years, be ineligible for
appointment to or employment in a position in the City
service. If at the time of their conviction they are an
officer or employee of the City, they shall automatically
forfeit their office or position.
Section 14. Residency requirements for City employees;
standards for response by certain City employees to
civil emergencies.
(a) City employees are required to reside within the United
States of America as a condition of employment.
J
(b) City employees are not required to reside within the City
limits as a condition of employment. This subsection (b)
does not prohibit the establishment of such a residency
requirement for:
(1) the Mayor, a City Council member, a candidate for
Mayor or a candidate for City Council member.
(2) the City Manager, City Attorney, City Secretary,
City Auditor, Parking Bureau Hearing Officer or
judges of the Municipal Courts.
(c) City employees who reside outside the City limits and are
subject to being called to respond to a civil emergency
are required to reside at a location which allows them to
respond to such an emergency within thirty (30) minutes
from the time the call is received. The response time
shall be measured by the time required for the employee
to travel from their residence to the emergency by
automobile at posted speed limits in ordinary weekday
traffic .
(d) Subsection (c) shall not apply to City employees who
reside outside the City limits and were hired on or
before April 1, 1992. Such employees who are subject to
the emergency response time requirement shall meet the
requirements of subsection (c) within six (6) months
after they are hired.
(e) When the City Manager must fill a position which is
subject to the response time requirements of subsection
(c) but is not reasonably able to find a person who meets
such requirements, the City Manager may grant an
exception therefrom. Such exception must be in writing
and signed by the City Manager, and maintained in the
employee's Personnel file.
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SECTION 3.
This chapter 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 chapter 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 void,
ineffective or unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such voidness, ineffectiveness
or 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
void, ineffective or unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
the Code of the City of Fort Worth (1986), as amended, which have
accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both
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civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
` SECTION 6.
Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not more
than the maximum amount prescribe by Section 1-6 of the Code of the
City of .Fort Worth (1986), as amended, each day or any portion
thereof during which any violation of this ordinance occurs or
continues shall be deemed a separate offense and upon conviction
thereof shall be punishable as herein provided.
SECTION 7.
The City Secretary of the City of Fort Worth, Texas is hereby
directed to publish the caption and Sections 5, 6, and 7 of this
ordinance for two (2j days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the
Charter of the City of Fort Worth, Texas, and by Section 52.013 (a)
of the Texas Local Government Code.
SECTION 8.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
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APPROVED AS TO FORM AND LEGALITY:
eputy City Attorney
Date• ~''~~" qy~
ADOPTED • T' / ~~ ~~
EFFECTIVE:
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City of Farb 6T~orth, Texas
Mayor and Council C;om~nunication
DATE REFERENOE NUMBER LOG NAME PAGE
04/1 1 /95 G1104~ 14HR0 1 of 2
SUBJECT ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT WORTH,
INCLUDING ARTICLE V THEREOF, ENTITLED "PERSONNEL", BY PROVIDING FOR
ESTABLISHMENT OF THE DEPARTMENT OF HUMAN RESOURCES AND REVISING
EMPLOYEE APPEAL PROCEDURES
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which amends Chapter 2 of the
Code of the City of Fort Worth, including Article V thereof, by providing for the establishment of the
Department of Human Resources and revising employee appeal procedures
DISCUSSION
The attached proposed ordinance changes the title of the City's "Personnel Department" to the
"Department of Human Resources" The current ment principles governing the City's human resources
function remain in place without amendment.
The ordinance provisions for employee appeals of dismissals, demotions, and suspensions have been
amended by changing the title of the "Personnel Commission" to the "Disciplinary Appeals Board"
The current ordinance provides for the appointment of a six (6) member commission by the City
Manager and confirmed by the City Council. This provision has been amended by deleting the six (6)
member designation, and thereby providing the City Manager with the flexibility to appoint as many
board members as deemed appropnate (Section 7(a))
The current ordinance provides for the designation of a Heanng Officer by the Commission to hear
appeals on its behalf The Hearing Officer issues findings and recommendations to the Commission,
which then issues its findings and recommendations to the City Manager Proposed amendments will
have the designated Heanng Officer submit the findings and recommendations directly to the City
Manager for appropnate action (Section 8(c))
Many of the administrative procedures associated with the processing of employee appeals have been
deleted from the proposed ordinance These procedural items will be incorporated into the Personnel
Regulation entitled "Appeal Procedures"
The process whereby revisions to the City's personnel rules and regulations are approved are included
in this ordinance, as well as a provision whereby employees may submit wntten suggestions for
amendments to the personnel regulations (Section 9(c))
Section 14 of the proposed ordinance codifies the City's residency requirements for certain employees
who must respond to civil emergencies.
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City of Fort i~orth, Texas
Mayor and Council Communication
~~~
DATE
04/11/95 REFERENCE NUMBER
G-11048 LOG NAME
14HR0 PAGE
2 of 2
SUBJECT ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT WORTH,
INCLUDING ARTICLE V THEREOF, ENTITLED "PERSONNEL", BY PROVIDING FOR
ESTABLISHMENT OF THE DEPARTMENT OF HUMAN RESOURCES AND REVISING
EMPLOYEE APPEAL PROCEDURES
FISCAL INFORMATION/CERTIFICATION
The Director Of Fiscal Services certifies that this action requires n0 expenditure of City funds.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to}
Charles Boswell 6183 R ~DLS®~ 1~p1
Originating Department Head: ~ ~
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