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09-Deliberate first reading and possibly act on an Ordinance Amending the City of Paris Code of OrdinancesCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: OS/19/10 Council Date: Police Bob Hundley, Chief of Police 9. 06/14/10 RECOMMENDED MOTION: [NOT AN ACTION ITEM - FIRST READING] IF SUPERMAJORITY RULE IS INVOKED - Move to approve an ordinance amending the City of Paris Code of Ordinances by revising Section 26-1 to authorize the staffing levels of the Police Department. POLICY ISSUE(S): Required by civil service rules BACKGROUND: Section 26-1 of the Code of Ordinances sets out the composition of the Police Department. Chief Hundley proposes two minor items that reorganize the department. First, the current ordinance provides for 12 Sergeants in the department. Of these 12 positions, only eight have job responsibilities which require supervision over subordinates. At one time, only Sergeants were being placed in the Criminal Investigation Division (CID). Over the years, six officers at the entry-level "Private" rank have been assigned to CID, creating a situation in which Privates are doing the exact same job as some Sergeants but without the same compensation. The proposed change reduces the number of Sergeants by one so that only those who have supervisory duties have that rank. Positions vacated by Sergeants over time due to promotions, retirements, or separation will remain in the department as Police Officer positions. Second, the proposed ordinance will change the anachronistic title of "Police Private" to "Police Officer" and modernize the entry-level officer title. The proposed changes will not result in a net change in the number of positions and, with a retirement of a Sergeant at the end of April, the reorganization needs to be implemented now. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ~ Resolution Budgeted Amt. $ ~ Presentation ❑ Ordinance y'r'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: The proposed change will result in the approximately $6,000 (plus benefits) less in salary expense. REVIEWED AND APPROVED BY: Z Administtation Z City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Coutt Z Legal ❑ Library Z Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 39 DRAFT attorney\ordwork\current \PD Composition 6-14-10 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SEC. 26-1 COMPOSITION OF DEPARTMENT, OF CHAPTER 26, POLICE, OF THE CITY OF PARIS CODE OF ORDINANCES BY REVISING SECTION 26-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS OF THE POLICE DEPARTMENT; PROVIDIIVG A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the employment of police officers in the City of Paris is governed by Chapter 143 of the Local Government Code, dealing with Civil Service employment; and, WHEREAS, Section 143.021 of said Chapter 143 of the Local Government Code provides for a municipality's governing body to establish the classifications of police officers by ordinance; WHEREAS, the Chief of Police has requested the term "police private", currently used in our ordinances to designate officers at the entry level rank, be changed to "police officer°; and, WHEREAS, a minor re-organization of the Police Department affects the rank of sergeant by reducing the number of sergeants to only those who have supervisory job duties by removing a position of sergeant as current sergeants promote, retire, or leave the department and placing that position with the police officer positions; and, WHEREAS, it is appropriate one sergeant position be removed and one police officer position be added, changing the department's composition without reducing the overall size of the department. 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 26-1 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "Sec. 26-1. Composition of department. The police department of the City shall be composed of the chief of police and sixty-one (61) members classified as follows: (1) One (1) assistant chief. (2) Three (3) police lieutenants. (3) Eleven (11) police sergeants. ~ ~i (4) Four (4) police corporals. (5) Forty-two (42) police officers." 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 by a supermajority vote of _ ayes and _ nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 7. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 14th day of June, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney n 3