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2012-035 ORD AMENDING SEC 26-1 BY RENAMING CERTAIN SUPERVISORY POSITIONS WITHIN POLICE DEPTORDINANCE NO. 2012-035 AN ORDIIVANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SEC. 26-1 COMPOSITION OF DEPARTMENT, OF CHAPTER 26, POLICE, OF THE CODE OF ORDIIVANCES OF THE CITY OF PARIS, TEXAS BY RENAMING CERTAIN SUPERVISORY POSITIONS WITHIN THE POLICE DEPARTMENT; AND OTHER MATTERS RELATED TO THE SAME; PROVIDING 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 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; WHEREAS, the Chief of Police has requested a renaming of the supervisory positions in the Paris Police Department to bring the Police Department more in line with supervisory structure used in other municipal police departments; and WHEREAS, the intent of the City Council is merely to change the name of the rank/classifications within the Police Department. The job descriptions will follow the name changes. No increase or decrease in budget is anticipated by the name/title changes. WHEREAS, the City of Paris Civil Service Commission has adopted the current rank structure be as follows: Chief of Police, one (1) Assistant Chief, three (3) police captains, nine (9) police lieutenants, four (4) police sergeants and forty-four (44) police 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. Prior to the effective date of this ordinance, the following classifications and number of positions in each classification in the Police Department existed: (1) One Assistant Police Chief (2) Three (3) police Lieutenants. (3) Nine (9) police sergeants (4) Four (4) police corporals (5) Forty-four (44) police officers. As of 12:00 a.m., of December 1, 2012, the rank/classification of Police Lieutenant is abolished. Per §143.085(a), a reinstatement list will immediately exist, and will include the three (3� individuals who occupied the three (3) positions in the rank/classification of Police Lieutenant; the names shall be in order of seniority. As of 12:05 a.m. on December 1, 2012, the newly-described/renamed rank/classification of "Police Captain" is created, and it is City Council's intent to create three (3) positions in the Police Captain rank. The rank of "Police Captain" is intended to be and will be the equivalent pay and position description of the former rank/classification of "Police Lieutenant." The three individuals on the reinstatement list shall be placed in the rank of "Police Captain." As of 12:15 a.m., of December 1, 2012, the rank/classification of "Police Sergeant" is abolished. Per §143.085(a), a reinstatement list will immediately exist, and will include the nine (9) individuals who occupied the nine (9) positions in the rank/classification of Police Sergeant; the names shall be in order of seniority. As of 12:25 a.m. on December 1, 2012, the newly-described/renamed rank/classification of "Police Lieutenant" is created, and it is City Council's intent to create nine (9) positions in the Police Lieutenant rank. The rank of "Police Lieutenant" is intended to be and will be the equivalent pay and position description of the former rank/classification of "Police Sergeant." The nine individuals on the reinstatement list shall be placed in the rank of "Police Lieutenant." As of 12:35 a.m., of December 1, 2012, the rank/classification of Police Corporal is abolished. Per §143.085(a), a reinstatement list will immediately exist, and will include the four (4) individuals who occupied the four (4) positions in the rank/classification of Police Corporal; the names shall be in order of seniority. As of 12:45 a.m. on December 1, 2012, the newly-described/renamed rank/classification of "Police Sergeant" is created, and it is City Council's intent to create four (4) positions in the Police Sergeant rank. The rank of "Police Sergeant" is intended to be and will be the equivalent pay and position description of the former rank/classification of "Police Corporal." The four individuals on the reinstatement list shall be placed in the rank of "Police Sergeant." Section 3. That Section 26-1 of Chapter 26 of the Code of Ordinances of the City of Paris, Texas, is hereby amended to 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 Assistant Police Chief (2) Three (3) police captains. (3) Nine (9) police lieutenants. (4) Four (4) police sergeants (S) Forty-four (44) police officers." This Ordinance is not intended to and does not operate to increase the total authorized strength of the Police Department. This Ordinance shall not operate to create any vacancy in any promotional rank; each position in each rank/classification being created and/or renamed is intended to be occupied by a person who has been promoted in accordance with Chapter 143. There are currently two existing promotional eligibility lists, which the Police Chief will seek the Paris Civil Service Commission rename those to reflect the changes referenced in this ordinance. The sole intent of this Ordinance is to effect a name change for police promotional positions for those employees who currently occupy a tested promotional position. It is not intended to decrease or increase the total number of promotional positions within the Paris Police Department. 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 5. 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. This Ordinance does not demonstrate, nor is it any evidence of any intent to form a contract, unilateral or otherwise, with any civil service employee. This ordinance is enacted to comply with Chapter 143, Texas Local Government Code, specifically §143.021, and for no other purpose. Section 8. Introduced and read on first reading on November 12, 2012, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on November 26, 2012, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 9. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 26th day of November, 2012. ATTEST: � � nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, ity Attorney