16 - Ordinance Amending Section 12-5 Seniority Pay of Chapter 12 Fire Prevention and ProtectionItem No. 16
memorandum
TO: City Council
John Godwin, City Manager
FROM: Thomas McMonigle, Assistant Fire Chief
SUBJECT: AMENDMENT TO CITY ORDINANCE 12-5
DATE: January 29, 2019
BACKGROUND: Under civil service, base pay for firefighters is required to be the same
amount regardless of tenure. In 2014, seniority pay was granted by City Manager and Council
for firefighters as an incentive for firefighters to remain with the department. The ordinance
created service steps for increases based on years of service to the City. The following budget
year, seniority pay was adjusted to mirror the plan already in place for the Police Department.
Seniority pay is the only option for any increase associated with time in grade to promote
longevity in the department.
STATUS OF ISSUE: The 2018-2019 Budget was approved with a compression of these steps
for police patrol officers to allow an officer to attain the maximum seniority pay at 11 years'
service instead of 20 years. This change was effective January 1, 2019. The change allowed a
pay increase at 2 years with the last increase attained at 11 years' service. No immediate plan
was in place to similarly compress the steps for firefighters. In light of similar retention issues
between the two departments, research was done to determine cost and feasibility of adjusting
firefighter steps in the same manner and once again mirroring the plan in place for the Police
Department.
BUDGET: The projected cost to implement this change is $9,000.00 from the current 2018-
2019 budget.
RECOMMENDATION: Amend the ordinance to reflect the requested changes.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTION 12-5, "SENIORITY PAY," OF CHAPTER 12, "FIRE
PREVENTION AND PROTECTION," OF THE CODE OF ORDINANCES OF
THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the employment of fire fighters in the City of Paris is governed by
Chapter 143 of the Local Government Code which authorizes and governs dealing with Civil
Service employment; and,
WHEREAS, Section 143.021 of said Chapter 143 of the Local Government Code
states that that the Civil Service Commission shall provide for the classification of all fire
fighters and police officers, and the municipal governing body shall establish the
classifications of police officers by ordinance; and,
WHEREAS, the City of Paris has established the classifications of fire fighters in
Chapter 12 of the Code of Ordinances; and,
WHEREAS, Section 143.041 of the Local Government Code further authorizes the
governing body of a municipality to provide additional compensation to fire fighters based
on longevity and/or seniority; and
WHEREAS, the Paris Fire Department continues to face challenges in fire fighter
recruitment and retention; and
WHEREAS, the City Council has approved seniority pay to allow a fire fighter to
attain the maximum seniority pay at eleven (11) years' service rather than at twenty (20)
years' service as is currently the practice in the City of Paris in order to assist the
Department's efforts to recruit and retain officers;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Section 26-9(1) of Section 12-5, "Seniority Pay," of Chapter 12,
"Fire Prevention and Protection," of the Code of Ordinances of the City of Paris, Texas, is
hereby amended to read as follows:
"(a) Members of the city fire department below the rank of chief shall be entitled
to receive seniority pay, based on their rank and years of service in that rank
with the city fire department. The seniority pay will be in addition to each
fire fighter's base pay as follows:
"(b) All city fire department civil service employees of the rank of fire fighter shall
receive seniority pay in addition to their base pay calculated on their years of
service with the city fire department at the fire fighter rank, as follows:
"(1) Fire fighters with one (1) year of service and less than two (2) years of
service—Twenty-three dollars and eight cents ($23.08) per pay
period.
"(2) Fire fighters with two (2) years of service and less than four
(4) years of service — Thirty-five dollars ($35.00) per pay period.
"(3) Fire fighters with four (4) years or more of service and less than six
(6) years of service — Sixty -Eight dollars and sixty-one cents
($68.61) per pay period.
"(4) Fire fighters with six (6) years or more of service and less than eight
(8) years of service— Eighty -Seven dollars and eighty-five cents
($87.85) per pay period.
"(5) Fire fighters with eight (8) years or more of service and less than ten
(10) years of service— One hundred forty-five dollars and
fifty-four cents ($145.54) per pay period.
"(6) Fire fighters with ten (10) years or more of service and less than
eleven (11) years of service—One hundred eighty-six dollars and
sixty-eight cents ($186.68) per pay period.
"(7) Fire fighters with eleven (11) years or more of service—Two hundred
twenty-five dollars ($225.00) per pay period.
"(c) All city fire department civil service employees of the rank of
driver/engineer shall receive seniority pay in addition to their base pay
calculated on their years of service with the city fire department at the
driver/engineer rank, as follows:
"(1) Driver/engineers with one (1) or more years of service and less than
fifteen (15) years of service — One hundred fifteen dollars and
forty-six cents ($115.46) per pay period.
"(2) Driver/engineers with fifteen (15) or more years of service—One
hundred fifty-two dollars and sixty cents ($152.60) per pay period.
"(d) All city fire department civil service employees of the rank of captain shall
receive seniority pay in addition to their base pay calculated on their years of
service with the city fire department at the captain rank, as follows:
"(1) Captains with one (1) or more years of service and less than
fifteen (15) years of service — One hundred twenty-seven dollars
and fifty cents ($127.50) per pay period.
"(2) Captains with fifteen (15) or more years of service—One
hundred sixty-four dollars and sixty cents ($164.50) per pay period.
"(e) All city fire department civil service employees of the rank of deputy chief
shall receive seniority pay in addition to their base pay calculated on their
years of service with the city fire department at the deputy chief rank, as
follows:
"(1) Deputy chiefs with one (1) or more years of service and less than
fifteen (15) years of service — One hundred thirty-nine dollars and
fifty-four cents ($139.54) per pay period.
"(2) Deputy chiefs with fifteen (15) or more years of service—One
hundred seventy-six dollars and sixty-eight cents ($176.68) per pay
period.
"(f) All city fire department civil service employees of the rank of assistant chief
shall receive seniority pay in addition to their base pay calculated on their
years of service with the city fire department at the deputy chief rank, as
follows:
"(1) Assistant chiefs with one (1) or more years of service and less than
fifteen (15) years of service — One hundred forty-five dollars and
thirty-one cents ($145.31) per pay period.
"(2) Assistant chiefs with fifteen (15) or more years of service—One
hundred eighty-two dollars and forty-five cents ($182.45) per pay
period.
"(g) The seniority pay provided by this section shall be in addition to the regular
base pay received by the member or members of the fire department
qualifying for same."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section S. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That this ordinance shall become effective on June 1, 2019.
PASSED AND ADOPTED this 11th day of February, 2019.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney