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23 - Amending Article 6.02 Fire Department to add Assignment PayItem No. 23 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Thomas McMonigle, Fire Chief DATE: March 28, 2022 BACKGROUND: The City Council, through ordinance, may authorize assignment pay for fire fighters who perform specialized functions. The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire department. STATUS OF ISSUE: The Fire Marshal, the Hazardous Materials Response Team, and the Dive Team are currently receiving assignment pay by approval of prior City Councils. The Hazardous Materials Response Team and the Dive Team was approved for assignment pay during the June 23, 2014 City Council meeting (minutes attached). The Fire Marshal has been receiving the pay since the separation of the Assistant Fire Chief / Fire Marshal's positions authorized at the October 26, 2015 City Council meeting. Although approved, none were put in place by ordinance as required by Civil Service. The Assistant Fire Marshal's position is a new position, and we are asking that assignment pay be granted for this position to compensate for special training and duties that will be required of the person occupying said position. We respectfully request that the ordinance be created encompassing the assignment pay for existing positions as well as for the new Assistant Fire Marshal. BUDGET: The cost to implement this change will be absorbed in the approved budget for 2021-2022. The additional position will be accounted for in future budgets. RECOMMENDATION: Create the ordinance to reflect pay already established with the addition of the requested assignment pay for the Assistant Fire Marshal's position. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE 6.02, "FIRE DEPARTMENT," OF CHAPTER 6 OF THE CODE OF ORDINANCES TO ADD "ASSIGNMENT PAY" AS SEC 6.02.005 AND TO RENUMBER REMAINING SECTIONS OF ARTICLE 6.02 AS APPROPRIATE; 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 Civil Service employment; and, WHEREAS, the City Council, through ordinance, may authorize assignment pay for fire fighters who perform specialized functions payable under conditions set by ordinance in addition to regular pay received by members of the fire department; and, WHEREAS, the Fire Marshal, Hazardous Materials Response Team, and the Dive Team are currently receiving assignment pay by approval of prior City Councils; and WHEREAS, although required by Civil Service law, said authorizations were not enacted by ordinance; and, WHEREAS, the Assistant Fire Marshal's position is a new position which should receive assignment pay to compensate for special training and duties that will be required of the person occupying this position; and WHEREAS, the City Council of the City of Paris, Texas finds that it is in the best interest of the City and of its residents to approve an amendment to Chapter 6 to include assignment pay for the above -referenced positions; 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 Chapter 6, Article 6.02, "Fire Department," of the Code of Ordinances shall be amended to create a new Section 6.02.005 "Assignment Pay," which shall read as follows: "Sec. 6.02.005 Assignment Pay The fire department of the city shall allow assignment pay to the following positions: 1. Fire Marshall (A) "Fire Marshal' shall mean a member of the fire department assigned to perform the duties and responsibilities of the Fire Marshal. (B) The Fire Marshal shall be entitled to compensation at the rate of three hundred -seventeen dollars and thirty-one cents ($317.31) per pay period. (C) The assignment pay provided by this section shall be in addition to the regular pay received by the member of the fire department assigned as the Fire Marshal. 2. Assistant Fire Marshal (A) "Assistant Fire Marshal' shall mean a member of the fire department assigned to and performs the duties and responsibilities of the Assistant Fire Marshal. (B) The Assistant Fire Marshal shall be entitled to compensation at the rate of two hundred seventy-five dollars and nineteen cents ($275.19) per pay period. (C) The assignment pay provided by this section shall be in addition to the regular pay received by the member of the fire department assigned as the Assistant Fire Marshal. 3. "Hazardous Materials team Member/Dive Team Member (A) "Hazardous Materials Team Member" shall mean a member of the fire department assigned to perform the duties and responsibilities of the Hazardous Materials Team Member. (B) "Dive Team Member" shall mean a member of the fire department assigned to and perform the duties and responsibilities of the Dive Team Member. (C) Hazardous Materials team Members and Dive Team Members shall be entitled to compensation at the rate of thirty-seven dollars and fifty cents ($37.50) per pay period when assigned to either team. (D) Hazardous Materials team members and Dive Team Members shall be entitled to compensation at the rate of sixty-two dollars and fifty cents ($62.50) per pay period when assigned to both teams. (E) The assignment pay provided by this section shall be in addition to the regular pay received by the member or members of the fire department assigned as a Hazardous materials Team Member or Dive Team Member." Section 3. That the remaining sections of Article 6.02, "Fire Department," shall be renumbered as appropriate. Section 4. 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 S. 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 6. 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 7. That this ordinance shall become effective on upon passage. PASSED AND ADOPTED this 28th day of March, 2022. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney