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HomeMy WebLinkAboutO-1981-1285-R 9 REQUEST FOR CITY COUNCIL AGENDA ITEM :::::at:eq...ted: R;<~:~::; :~ Bude:et Source of Funds: Department: Police Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: Exhibits: Briefing document Amount Requested: Exhibits: Proposed Ordinance Budgeted Item: YES NO XX Exhibits SUMMARY & RECOMMENDATION On April 14, 2007 during the Pre-Budget Retreat the Police Chief presented a re-organization plan for the Police Department that would require the creation of an additional position at the Assistant Chief's level. The proposal would create an additional Assistant Chief and a reduction of one Lieutenant position. After discussion the proposal was approved and during the budget process the new position was funded. At that time it was felt that the second Assistant Chief position would have to be a tested position under Civil Service Law, Chapter 143.014 of the Texas Local Government Code. This perception was corrected in a recent Civil Service Training Session in which that particular section was clarified. According to the way the law is written the Chief of Police, if he has four or more positions below him and upon approval by Council, can appoint one more person to the position immediately below him that occupied the position immediately below the Chief on 0110111983. Since the Department had three Lieutenants authorized in 1983 and it was the position immediately below the Chief, the Chief of Police can appoint up to four (4) Assistant Chiefs but would have to test for the fifth position. This proposed ordinance amends the City of La Porte Civil Service Ordinance 1285 by authorizing the increase of Assistant Chiefs to two (2) positions and reduces the Lieutenants from five (5) to four (4). It additionally changes the single reference to "person" to the plural reference of "persons" due to the addition of the second Assistant Chief. Ih)~e Dati I ORDINANCE NO. 1285-R AN ORDINANCE AMENDING ORDINANCE No. 1285, "AN ORDINANCE IMPLEMENTING POLIC~'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY SCHEDULES"; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 3 of Ordinance 1285 is herby amended and shall hereafter read as follows, to-wit: "Section Three. There are hereby established the following number of authorized positions in each of the foregoing classifications, to-wit: Classification Number of Authorized Positions Patrolmen 57 Sergeant 10 Lieutenant 4 Assistant Chief 2" Section 2. Section 4 of Ordinance 1285 is hereby amended and shall hereafter read as follows, to-wit: "Section 4. As authorized by V.T.C.A. Texas Local Government Code, Chapter 143, Section 143.014, the City Council hereby provides that the Chief of Police may appoint the persons occupying the positions in the classification immediately below that of Chief of Police and that the persons appointed to this position serves at the pleasure of the Chief of Police." Section 3. Except as hereby specifically amended, Ordinance No. 1285 and amendments thereto shall remain in full force and effect. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that thi,s meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall take effect upon it passage and approval, and it is so ordered. PASSED AND APPROVED THIS THE~?JI- DAY OF SA fJ UJ.lrlJ , 2008. CITt\ I':' PORTi (;;1 By:~[)r ~ Alton E. Porter, Mayor ATTEST: By: vfYlfJitk c4-LI MARTHA GILLETT, City Secretary APPROV~ _ By: ~r~ CLARK T. ASKINS, Assistant City Attorney 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 up to four Assistant Chiefs if authorized by Council and the fifth would have to be tested. Below is Chapter 143.014 of the Texas Local Government Code in which I highlighted the areas of concern. Sec. 143.014. APPOINTMENT AND REMOVAL OF PERSON CLASSIFIED IMMEDIATELY BELOW DEPARTMENT HEAD. (a) This section does not apply to a municipality with a population of 1.5 million or more. (b) If approved by the governing body of the municipality by resolution or ordinance, the head of a fire or police department in the municipality in which at least four classifications exist below the classification of department head may appoint each person occupying an authorized position in the classification immediately below that of department head, as prescribed by this section. The classification immediately below that of department head may include a person who has a different title but has the same pay grade. (c) In a police department, .the total number of persons appointed to the classification immediately below that of department head may not exceed the total number of persons, plus one, serving in that classification on January 1, 1983. In a fire department in a municipality havingfewer than 300 certifiedfirefighters, the department head may appoint not more than one person to the classification immediately below that of department head. If a municipality has 300 to 600 certified fire fighters, the department head may appoint two persons to the classification. If a municipality has more than 600 certified fire fighters, the department head may appoint three persons to the classification. This subsection does not apply to a municipality that has adopted The Fire and Police Employee Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes) unless the municipality specifically adopts the appointment procedure prescribed by this subsection through the collective bargaining process. (d) A person appointed to a position in the classification immediately below that of the head of the police department must: (1) be employed by the municipality's police department as a sworn police officer; (2) have at least two years' continuous service in that department as a sworn police officer; and (3) meet the requirements for appointment as head of a police department prescribed by Section 143.013 (b). (e) A person appointed to a position in the classification immediately below that of the head of the fire department must: (1) be employed by the municipality'sfire department; (2) have a permanent classification in at least an officer level; and (3) meet the requirements for appointment as head of a fire department prescribed by Section 143.013(b). (j) The department head shall make each appointment under this section within 90 days after the date a vacancy occurs in the position. (g) A person appointed under this section serves at the pleasure of the department head. A person who is removed from the position by the department head shall be reinstated in the department and placed in the same classification, or its equivalent, that the person held before appointment. The person retains all rights of seniority in the department. (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. Proposed Reorganization and Classifications of the La Porte Police Department ~ Current Civil Service Classifications Currently the La Porte Police Department is authorized four classifications listed below with the number of positions in those classifications: Police Officer - authorized 57 tested positions Sergeant - authorized 10 tested positions Lieutenant - authorized 5 tested positions Assistant Chief - authorized 1 appointed by the Chief Current Police Department Civil Service Configuration Police Department I I I Chief Assistant Chiel (1) (1) "" ~ I I I I I I I I Lieutenant Lieutenant Lieutenant Lieutenant Lieutenant Police Officer Day Shift Eve Shift Grv Shift cm Support Svc lAD (1) (1) I (1) (1) (1) (1) I I I I I ~ Strgeant Sergeant Stlleant Sergeant Sergeant Sergeant Sergeant Day Shift DOTlMe EveSbift Grv Shift em SOP Support Sve (2) (1) (2) (2) (1) (1) (1) A I I Police Officer Police Officer Police Officer Police Officer Police Officer Police Officer Police Officer Police Officer Day Shift LPISD / CB DOT & M/C Eve Shift Grv Shift cm & m SOP & HmT A Support Svc (9) (5) (6) (11) (10) (8) (5) (2) Purpose of the Reorganization To create a broader span of control To enhance flow of communications To provide consistency in operations To prepare for future growth and development Proposal Add an additional position in the fourth classification of Assistant Chief for a total of (2) two. Under Chapter 143 the Chief can appoint one more to the position below him than he had immediately below him on 01/01/1983. Reduce the number of Lieutenants in the third classification from (5) five to (4) four Re-organize the Department into two separate Divisions under each Assistant Chief Patrol and Support Services La Porte Police Department Proposed Reorganization Chart Civil Service Positions Chief of Police I I I Asst Chief Asst Chief Patrol Division Support Services Division '" I I r I I I I Lieutenant Lieutenant Lieutenant Lieutenant Patrol Officer Patrol Patrol Support Investigations Support Services lAD (1) (1) (1) (1) (1) I I I sergeant Sergeant sergeant Sergeant Sergeant Patrol Patrol Support em Special SuppOrt sel'Viees Investiglltions (5) (2) (1) ill (1) . Patrol Officers Patrol Officers Patrol Officers Patrol Officers Patrol Officers (30) (10) (8) (5) (3) '" La Porte Police Department Chief of Police Office ,. ~ Chief of Police ll.. ~ --- "\ Secretary Computer Administrator I A I I , "" , "'" Asst Chief Patrol Division Asst Chief Support Services Division \... ~ ..J, La Porte Police Department Patrol Division Asst Chiel Patrol I , I ~ "'" ~ieutenan Lieutenan Patrol Patrol ~ Support I 1 / I Sergeant Sergeant 1 Sergeant Day Evening GraveyarlJ Sergeant Sergeant Patrol Patrol Patrol Traffic Patrol \.... J: (2) .d "- (2) j Support "- .A .A " I I "\ I I Patrol "- Patrol Patrol Patrol Patrol Patrol Patrol Ofticers Officers Offieers OffiCers Oftieers OffiCers Ofticer Disp.atehel PSA (9) (11) (10) Motors DOT LPISD Bailiff (12) (5) "- .A "- (2) (3) (4) (1) 4 per Shift "-- La Porte Police Department Support Services Division Asst Chief Support Services ----- r Support Services Secretary I I I Lieutenant Lieutenant Detective Investigations Support lAD ! Services I I I Sergeant Sergeant Sergeant Special Support cm Investigations Services I I I I I I I I I I I I I I Detective m Crime Property Victim's Detective Detective Police Anhtutl Reeords Building ClD Oftieer Specialist Room Assistance SI Task Force Officer C8Iltrol (2) Custodian (7) Custodian Liaison (2) (3) , (3) Supttvi$or 1 Animal Control Officer (3) Police Staffing Exercise In June of 2006 I conducted an exercise with the Supervisors of the Police Department. My instructions were, if you were given 74 officers and 25 civilians how would you organize your police department with those personnel in whatever structure and as many classifications as you deem necessary to accomplish: The best structure to accomplish the mission and goals of the Police Department The best structure which would provide the best span of control The best structure that would facilitate the flow of communications and feedback Of the sixteen (16) supervisors (10 Sergeants, 5 Lieutenants and 1 Assistant Chief) twelve (12) of those supervisors built there police department consisting of two Captainsl Assistant Chiefs. Four supervisors drafted their police department as it currently exists with slight shifts of some personnel. Future Goals and Objectives Recognition from the Law Enforcement Recognition Program under the Texas Police Chief Association. Move the Department into a new attitude of professionalism and performance. To move the Department into the concept of Community Policing with a mix of Problem Resolution.