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17-Deliberate and act on a resolution confirming the re-appointment of Sims Norment as a member of the Fire Fighters and Police Civil Service CommissionCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: O1/19/10 Council Date: City Manager Kevin Carruth 17. O1/25/10 RECOMMENDED MOTION: Motion to approve a Resolution confirming the re-appointment of Sims Norment to the Civil Service Commission. POLICY ISSUE(S): Record of Standing Committee. BACKGROUND: Pursuant to Local Government Code Section 143.006(b), it is the responsibility of the chief executive of the municipality (City Manager) to appoint members to the Civil Service Commission. Sims Norment was appointed January 1, 2000 to fill the unexpired term of Richard Amos. Mr. Norment has served three full terms (three years each term) beginning January 1, 2001 and ending December 31, 2009. Pursuant to Section 143.006(c-1) Loc. Govt. Code, a commission member may not be reappointed to more than a third consecutive term unless the member's reappointment to a fourth or subsequent consecutive term is confirmed by a two-thirds majority of all of the members of the municipality's governing body. The City Manager is recommending the reappointment of Sims Norment, because he has experience in dealing with the issues that arise out of Civil Service rules. Long time commission member Philip Cecil made the decision not to serve in December of 2008 and was a replaced with a new member Howard Corriston. The third member of the Commission is Zoneta Fulbright. Mr. Norment's experience will be an asset and he has expressed a desire to continue to serve on this Commission. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ~ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FisCAL NoTES: REVIEWED AND APPROVED BY: Z Administration N City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - 0Clf'185 DRAFT attorney\reswork\current\Civil Service Appt - Expired 2009 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, COIVFIRMING THE REAPPOINTMENT OF SIMS NORMENT AS A MEMBER OF THE FIRE FIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMISSION OF THE CITY OF PARIS; MAKING OTHER FINDIIVGS AND PROVISIONS RELATED TO THE SUBJECT; A1VD PROVIDIIVG AN EFFECTIVE DATE. WHEREAS, the term of office of Sims Norment, as a member of the Fire Fighters' and Police Officers' Civil Service Commission of the City of Paris, expired on December 31, 2009; and, WHEREAS, the City Manager of the City of Paris, in accordance with the authority granted in Section 143.006(b) of the Local Government Code, has reappointed Sims Norment for a term of three (3) years, beginning January 1, 2010, and ending December 31, 2012, and has submitted the name of such person to the City Council for confirmation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the reappointment of Sims IVorment, as a member of the Fire Fighters' and Police Officers' Civil Service Commission of the City of Paris, for a term of three (3) years, beginning January 1, 2010, and ending December 31, 2012, be, and the same is hereby, confirmed. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 25th day of January, 2010. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - (90P186 FIREFIGHTERS= & POLICE OFFICERS CIVIL SERVICE COMMISSION Good moral character; resident of the City of Paris for more than three years; over 25 years of age; not have held any public office within the preceding three years; three year staggered terms; appointed by City Manager and confirmed by City Council before appointment becomes effective. Adopts rules, investigates matters related to enforcement of Civil Service regulations, and hears appeals from disciplinary actions. Director has same qualifications except he does not have to meet residency requirements. Current Members MELBA HARRIS, Director Zenetta Fulbright Howard Corriston Sims Norment (Chairman) TERM EXPIRES 12-31-2010 12-31-2011 12-31-2009 - OPP18i vOCAL GOVERNMENT CODE CHAPTER 143. MUMCIPAL CIVIL SERVICE FO... Page 1 of 3 Sec. 143.006. IMPLEMENTATION: COMMISSION. (a) On adoption of this chapter, the Fire Fighters' and Police Officers' Civil Service Commission is established in the municipality. The chief executive of the municipality shall appoint the members of the commission within 60 days after the date this chapter is adopted. Within 30 days after the date the municipality's first full fiscal year begins after the date of the adoption election, the governing body of the municipality shall implement this chapter. (b) The commission consists of three members appointed by the municipality's chief executive and confirmed by the governing body of the municipality. Members serve staggered three-year terms with the term of one member expiring each year. If a vacancy occurs or if an appointee fails to qualify within 10 days after the date of appointment, the chief executive shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment. (c) A person appointed to the commission must: (1) be of good moral character; (2) be a United States citizen; (3) be a resident of the municipality who has resided in the municipality for more than three years; (4) be over 25 years of age; and (5) not have held a public office within the preceding three years. (c-1) Notwithstanding Subsection (c)(5), the municipality's chief executive may reappoint a commission member to consecutive terms. A commission member may not be reappointed to more than a third consecutive term unless the member's reappointment to a fourth or subsequent consecutive term is confirmed by a two-thirds majority of all the members of the municipality's governing body. (c-2) Subsection (c)(5) does not prohibit the municipality's chief executive from appointing a former commission member to the commission if the only public office held by the former member within the preceding three years is membership on: (1) the commission; or (2) the commission and the municipality's civil service board for employees other than police officers and firefighters through a joint appointment to the commission and board. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.143.htm - oQr-1ss 1/14/2010 LOCAL GOVERNMENT CODE CHAPTER 143. MUNICIPAL CIVIL SERVICE FO... Page 2 of 3 (c-3) Subsections (c-1) and (c-2) do not apply to a municipality with a population of 1.5 million or more. (d) In making initial appointments, the chief executive shall designate one member to serve a one-year term, one member to serve a two-year term, and one member to serve a three-year term. If a municipality has a civil service commission immediately before this chapter takes effect in that municipality, that civil service commission shall continue as the commission established by this section and shall administer the civil service system as prescribed by this chapter. As the terms of the members of the previously existing commission expire, the chief executive shall appoint members as prescribed by this section. If necessary to create staggered terms as prescribed by this section, the chief executive shall appoint the initial members, required to be appointed under this chapter, to serve terms of less than three years. (e) Initial members shall elect a chairman and a vice-chairman within 10 days after the date all members have qualified. Each January, the members shall elect a chairman and a vice-chairman. (f) The governing body of the municipality shall provide to the commission adequate and suitable office space in which to conduct business. (g) The chief executive of a municipality commits an offense if the chief executive knowingly or intentionally fails to appoint the initial members of the commission within the 60-day period prescribed by Subsection (a). An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. Each day after the 60-day period that the chief executive knowingly or intentionally fails to make a required appointment constitutes a separate offense. (h) The chief executive of a municipality or a municipal official commits an offense if the person knowingly or intentionally refuses to implement this chapter or attempts to obstruct the enforcement of this chapter. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. l, 1987. Amended by: /l http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.143.htm 1114/2010 i,OCAL GOVERNMENT CODE CHAPTER 143. MUNICIPAL CIVIL SERVICE FO... Page 3 of 3 Acts 2005, 79th Leg., Ch. 475, Sec. 1, eff. June 17, 2005. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.143.htm 1 /14/2010