Adopt Ordinance Amending the Fort Worth City Code to Address the Newly Created Classification of Commander; Adopt Ordinance Prescribing the Number of Authorized Civil Service Positions in Each Classification in the Police Department by Adding Six Positions in the Classification of Commander; Adopt Ordinance Revising the Executive Pay Plan for the Police Department to Establish the Pay Range for Commanders; and Reduce by Nine the Number of Civilian Authorized Positions in the Police Department (ALL COUNCIL DISTRICTS)

It is recommended that the City Council:

1. Adopt the attached ordinance amending Section 27-24, Police Appointees of the Fort Worth City Code to adjust the appointments to address the newly created classification of Commander;

2. Adopt the attached ordinance to reflect Civil Service staffing in the Police Department, establishing the classification of Commander and adding six positions into that rank, thereby increasing the total number of authorized Civil Service positions from 1,724 for a total of 1,730, effective immediately; and effective until superseded by future ordinances;

3. Adopt the attached ordinance amending the Police Department's executive pay plan to establish the pay range for individuals in the Commander rank; and

4. Amend the adopted Fiscal Year 2017-2018 budget to reduce the number of civilian authorized positions (APs) in the Police Department by nine (9), from currently vacant positions.

The purpose of this Mayor and Council Communication (M&C) is to take actions associated with creation of the appointed classification of Commander, which was a bargained-for term of the Meet and Confer Agreement with the Fort Worth Police Officers Association as approved by the City Council (M&C C-28242).

City Code and Salary Ordinance

Section 143.014 of the Texas Local Government Code permits the head of a Police Department, if the governing body approves by resolution or ordinance and if there are at least four classifications below department head, to appoint each person occupying an authorized position in the classification immediately below that of department head. The City has approved this classification by ordinance, and it is designated as "Assistant Chief."

In addition to the appointed classification authorized by statute, through the iterations of Meet and Confer Agreements, the City has bargained for two more appointed classifications – Deputy Chiefs (originally designated as "Majors") and Commanders. Article 15, Section 5 of the current Meet and Confer Agreement is entitled " Additional Requirements" and provides that (i) " The City may have up to (10) appointed positions including both the ranks of Assistant Chief and Deputy Chief, and up to six appointed positions in the rank of Commander" ; (ii) " the pay and benefits provided to Assistant Chiefs, Deputy Chiefs and Commanders are not subject to [Texas Local Government Code §] 143.041(b) or 141.033, and that 143.041(b) and 141.033 are expressly preempted in this Agreement" ; and (iii) that " The Chief has the right to set the wages and benefits for Assistant Chiefs, Deputy Chiefs and Commanders, subject to approval of the City Council as part of the police department's budget." Section 4 of that Article also provides that " all promotions to the rank of Commander shall be exempt from competitive examination and instead shall be made by discretionary appointment of the Chief."

The Police Department is requesting that the City Council adopt the first attached ordinance amending Section 27-24 of the City Code to establish the new classification of Commander effective immediately and adopt the third attached ordinance, revising the Police Department salary schedule that was established by Ordinance 22941-09-2017 in order to add a pay range for Commanders.

Staffing Ordinance

Adoption of the second attached ordinance adjusts staffing in the Department by adding six positions in the newly created rank.

On August 1 and August 29, 2017, the City Council adopted Staffing Ordinances 22813-08-2017 and 22856-08-2017 to temporarily increase the authorized positions in the Officer rank by a combined total of sixty-five (65) in order to accommodate Police Recruit Classes 142 and 143. These increases, or " overages" were necessary due to accelerated training associated with staffing up for the sixth patrol division.

On September 26, 2017, the City Council adopted Staffing Ordinance 22942-09-2017, effective October 1, 2017, amending the Police Department staffing levels to reflect the changes included in the approved Fiscal Year 2018 Budget, which increased the number of positions in the classification of Corporal/Detective by (10), increased the number of positions in the classification of Sergeant by (11), increased the number of positions in the classification of Lieutenant by two, and increased the number of positions in the classification of Captain by one for the last phase of staffing for the sixth division.

Although five additional positions in the classification of Officer were Included in the approved budget (three for the sixth division and two additional School Resource Officers), additional Officer positions were not included in Ordinance 22941-09-2017. Instead the five budgeted "permanent" Officer positions will offset the overage positions described above, leaving a balance of sixty (60) overage positions that are planned to be eliminated once promotional testing and lists are brought current and other anticipated retirements and attrition occur.

Approval of the second attached ordinance would result in new authorized staffing levels, to be effective immediately, as follows:

  

Position	Current Authorized Positions	Change	Revised Authorized Positions	Remaining Temporarily Authorized Positions	Future Intended Authorized Strength
Assistant Chief	3		3		3
Deputy Chief	5		5		5
Commander	-	+6	6		6
Captain	17		17		17
Lieutenant	50		50		50
Sergeant	184		184		184
Corporal/Detective	241		241		241
Police Officer	1,224		1,224	(60)	1,164
TOTAL	1,724		1,730	(60)	1,670

NOTE - The position changes at issue in this M&C and ordinance do not in any way affect the civil service positions that were added with the receipt of the COPS Hiring Program Grant (M&C C-27135).

Paying for the Added Positions

As was mentioned in the work session presentation on November 7, the City's management team tasked the Police Department with finding a way to pay for the added positions without increasing the department's overall budget. Department staff closely scrutinized the Fiscal Year 2018 budget and identified areas in which savings are anticipated and/or reductions could be made in order to free up the $1,183,522.00 total cost associated with these six positions for the remainder of the current fiscal year. The chart below details the sources of the funding.

FUNDING

Commanders salaries, benefits, and support costs $1,183,522 in Year 1

Funding Source	FY 2018	On-going	Comments
Civilian Positions	426,350	426,350	PD has 46 civilian vacancies. Nine positions would be eliminated.
Asset Forfeiture	113,503	-	One-time use of a portion of asset forfeiture funds that remain after covering FY2017 GF over budget.
Contractual Services	315,889	315,889	Elimination or reduction of six contracts that will produce an annual recurring savings.
Budget Right Sizing	327,780	327,780	Reviewed all PD units/sections O&M budgets and historical spending. Where applicable, savings were identified and FY18 budget revised.
Facility Lease Savings	-	123,972	Elimination of 4 patrol and storefront facility leases that will produce an annual recurring savings.
Funding Sources Total	1,183,522	1,193,991

Approval of the fourth recommendation eliminates from the adopted budget the nine (9) vacant civilian APs referenced in the chart.  The vacant positions being eliminated consist of five data reporting technicians, a property control attendant, a property control specialist, a public information specialist, and a police range technician. The department does not anticipate any impact to service levels as a result of eliminating these positions.

This M&C does not request approval of a contract with a business entity.