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