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2013-003 ORD AMENDING SEC 12-1.-. ORDINANCE NO. 2013-003 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SEC.12-1, COMPOSITION OF DEPARTMENT, OF CHAPTER 12, FIRE, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS BY RENAMING CERTAIN SUPERVISORY POSITIONS WITHIN THE FIRE DEPARTMENT AND ADDING THREE ADDITIONAL DRIVER ENGINEER POSITIOIVS; 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 Firefighters 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 Firefighters by ordinance; WHEREAS, the Fire Chief has requested a renaming of some of the supervisory positions in the Paris Fire Department to bring the Fire Department more in line with supervisory structure used in other municipal Fire departments; and WHEREAS, the intent of the City Council is merely to change the name of the rank/classifications within the Fire Department, the job descriptions will follow the name changes. It is not the Ciry Council's intent to create additional ranks/classifications by adoption of this Ordinance; and WHEREAS, the Fire Chief has also requested an increase in staffing in the Driver , Engineer position from six Drivers to nine Drivers to better meet the needs of the Fire Department and serve the community; and WHEREAS, the City of Paris Civil Service Commission has approved the new rank structure as follows: Fire Chief, Assistant Chief/Fire Marshal, Deputy Chief, Fire Captains, Driver Engineers, and Firefighters. 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 Fire Department existed: (1) One (1) Assistant Chief/Fire Marshal (2) Four (4) Deputy Chiefs (3) Twelve (12) Engineers (4) Six (6) Fire Fighter Drivers (5) Twenty -seven (27) Firefighters. --� Section 3. As of 12:00 a.m., of February 13, 2013, the rank/classification of Fire Engineer is abolished. Per §143.085(a), a reinstatement list will immediately exist, and will include the twelve (12) individuals who occupied the twelve (12) positions in the rank/classification of Fire Engineer; the names shall be in order of seniority. As of 12:05 a.m. on February 13, 2013, the newly-described/renamed rank/classification of "Fire Captain" is created, and it is City Council's intent to create twelve (12) positions in the Fire Captain rank. The rank of "Fire Captain" is intended to be and will be the equivalent pay and position description of the former rank/classification of "Fire Engineer." The twelve (12) individuals on the reinstatement list shall be placed in the rank of "Fire Captain." As of 12:15 a.m., of February 13, 2013, the rank/classification of "Fire Fighter Driver" is abolished. Per §143.085(a), a reinstatement list will immediately exist, and will include the six (6) individuals who occupied the six (6) positions in the rank/classification of Fire Fighter Driver; the names shall be in order of seniority. As of 12:25 a.m. on February 13, 2013, the newly-described/renamed rank/classification of "Driver Engineer" is created, and it is City Council's intent to create six (6) positions in the Driver Engineer rank. The rank of "Driver Engineer" is intended to be and will be the equivalent pay and position description of the former rank/classification of "Fire Fighter Driver." The six individuals on the reinstatement list shall be placed in the rank of "Driver Engineer." Section 4. That Section 12-1 of Chapter 12 of the Code of Ordinances of the City of Paris, Texas, is hereby amended, effective February 13, 2013, to read as follows: "Sec. 26-1. Composition of department. The Fire department of the City shall be composed of the Fire Chief and fifty (50) members classified as follows: (1) One Assistant Fire Chief/Fire Marshal (2) Four (4) Deputy Chiefs (3) Twelve (12) Fire Captains. (4) Nine (9) Driver Engineers (5) Twenty-four (24) Firefighters Section 5. This Ordinance is not intended to and does not operate to increase the total authorized strength of the Fire Department. There is currently one existing promotional eligibility list for the rank of Fire Engineer, set to expire on August 6, 2013. The Fire Chief will ask Paris Civil Service Commission to rename this eligibility list from "Fire Engineer" to "Fire Captain," to reflect the changes referenced in this ordinance. Section 6. Effective 12:05 a.m. March 6, 2013, the City Council hereby authorizes three (3) additional positions for the rank of "Driver Engineer" in the Paris Fire Department which will be filled through competitive promotional examination in accordance with chapter 143 Tex. Loc. Govt. Code. Effective 12:15 a.m. March 6, 2013, Section 12-1 of Chapter 12 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 Fire Department of the City shall be composed of the Fire Chief and fifty (50) members classified as follows: (1) One Assistant Fire Chief/Fire Marshal (2) Four (4) Deputy Chiefs (3) Twelve (12) Fire Captains. (4) Nine (9) Driver Engineers (5) Twenty-four (24) Firefighters Section 7. 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 fill force and effect. Section 8. 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 9. 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 10. 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 11. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED this 11th day of February, 2013. ATTEST: , ice Ellis, City Clerk APPROVED AS TO FORM: - �—i , "�\ W. Kent McIlya , ty Attorney