O-2008-1285-R increase Assistant Chiefs to (2) positions and reduces the Lieutenants from (5) to (4) (original in 1981)

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La Porte Police Department 3001 N. 23rd Street La Porte, Texas 77571 281-471-3810 Fax: 281-470-1590 ,-:;;QLlf,r '~~~ ~~- Y:J"~~ ~/ , ,~. ~;aJ':f'~. '\ Ch,"~ ~. 01114/2008 To: Ron Bottoms, City Manager John Joerns, Assistant City Manger From: Richard Reff, Police Chief Subject: Re-Organization and New Position In the April 14, 2007 Pre-Budget Retreat with the City Council I presented a proposal to restructure the Department into two separate Divisions. This proposal would require the Council to authorize an additional slot to the fourth Civil Service Classification of Assistant Chief and consequently reduce the slots of the third Civil Service Classification of Lieutenant from five to four. The proposal was to title the fourth classification with a rank of Captain. After discussion it was decided that the title of Assistant Chief should stay and they approved the proposal. The funding for this position was incorporated in the FY 08 Budget. At that time it was believed that the second Assistant Chief s position would have to be tested as it was believed that under State Civil Service Law, Chapter 143.014 of the Texas Local Government Code only one position could be appointed since we did not have a fourth classification in 1983 (zero plus one). Since the City elected to participate with Meet and Confer with the La Porte Police Association, it was decided that the funding for the position would remain and that the selection process would be delayed until it could be determined that the filling of the second position could be included in a Meet and Confer Agreement to allow the position to be appointed. Lt. Ron Parker and I attended the Civil Service Seminar in Austin on November 7 through 9 of 2007 and this issue was brought up by several new entities who had just become Civil Service. The question came up as to the appointment of the officer or position immediately below that of the Chief of Police and how many can the Chief of Police appoint. John West, Council General for the State of Texas Inspector General, advised that the governing body must authorize it by resolution or ordinance and there must be at least four classifications or positions below the Chief. In answering the number of positions that could be appointed he advised that section c clearly indicates that you can appoint one more that you had occupying the position immediately below the Chief on January 1, 1983. The question then came up regarding what happens if you did not have four positions or classifications below the Chief in 1983. The answer was that section c only refers to the number of positions immediately below the Chief and the four classifications does not apply. I was very surprised and presented the following example for clarification: If I had 46 Officers, 6 Sergeants, 3 Lieutenants, and 1 Chief on January 1, 1983 and now currently have 57 Officers, 15 Sergeants,S Lieutenants, 1 Assistant Chief, and 1 Chief and wanted to appoint an additional Assistant Chief how many could I appoint. Mr. West explained that if I had 3 Lieutenants immediately below the Chief in 1983, then I could appoint Ron Bottoms City Alanager Richard E Reff Chief of Police