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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(h) If a person appointed under this section is charged with an offense in violation of civil service rules and indefinitely suspended by the department head, the person has the same rights and privileges of a hearing before the commission in the same manner and under the same conditions as a classified employee. If the commission, a hearing examiner, or a court of competent jurisdiction finds the charges to be untrue or unfounded, the person shall immediately be restored to the same classification, or its equivalent, that the person held before appointment. The person has all the rights and privileges of the prior position according to seniority, and shall be repaid for any lost wages. (i) A person serving under permanent appointment in a position in the classification immediately below that of the department head on September 1, 1983, is not required to meet the requirements of this section or to be appointed or reappointed as a condition of tenure or continued employment. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Upon returning from the training I did contact Clark Askins and asked him to review Chapter 143.014 and asked him how many Assistant Chiefs in the fourth classification I could appoint. He originally indicated one, but after talking about it advised that actually I could appoint four based on the example provided to Mr. West. He stated that the way it was written seemed to imply that a fourth level also applied to the number of positions, but when looked at carefully it is not the case. I additionally contacted Danny Jackson the Police Legal Advisor for the Baytown Police Department who is very familiar with the Civil Service Laws. When asked how many persons I could appoint to Assistant Chief using the same example of having three Lieutenants he did not hesitate to say four. He pointed out that the fourth classification reference only applied to when I could appoint by having at least four classifications and the number of positions I could appoint is based on the number of positions immediately below the Chief in 1983, specifically January 1, 1983. I have prior to the Pre Budget Retreat discussed the re-organization of the Police Department with the Civil Service Commission and they have supported the concept and need for the second Assistant Chief position. On Friday, January 11, 2008 I talked to Keith Trainer, the Chairman of the Civil Service Commission, and advised him that based on the Commissions prior support of the concept and the legal opinions I had received that I intended to proceed and submit an Ordinance to the City Council to amend the Civil Service Ordinance accordingly on January 28, 2008. The purpose of this document is to brief you on the status of the re-organization and the issue of the appointment of the personnel in the fourth Civil Service Classification of Assistant Chief. It is also to serve as a briefing document for the Council for the amended ordinance so they would be able to understand why the position will not have to be a tested position as originally presented at the Pre Budget Retreat in April.