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15-CITY ORDINANCE SECTION 26-9memo�andum TO: City Council John Godwin, City Manager FROM: Bob Hundley, Chief of Police SUBJECT: CITY ORDINANCE SECTION 26-9 DATE: April l, 2013 BACKGROLJND: Seniority pay was granted to police officers in 2004 as a means to increase the likelihood of officers remaining with the department. The longer an officer remains with the department, the seniority pay increases at 5 year steps. Under civil service, all base pay has to remain the same for each position, so seniority pay was the only option for any increase associated with time in grade to promote longevity in the department. STATUS OF ISSUE: The 2012-2013 Budget was approved with an additional seniority pay step for officers with 1-2 years' service and an increase for officers with 3-4 years' service. The city ordinance has not been amended to reflect these changes. BUDGET: There is no impact to the 2012-2013 budget as these increases were included in the approved budget. RECOMMENDATION: Authorize the amending of the ordinance to reflect the changes in the approved budget. •� Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUIVCIL OF THE CITY OF PARIS, TEXAS, AMENDING SEC. 26-9 SENIORITY PAY, OF CHAPTER 26, POLICE, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ADD AN ADDITIONAL SENIORITY PAY STEP FOR OFFICERS WITH 3-4 YEARS' SERVICE WITH THE PARIS POLICE DEPARTMEIVT; 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, the Chief of Police has requested an additional seniority pay step for officers with 3-4 years' service with the Paris Police Department; and, WHEREAS, the changes are reflected in the current year budget as approved by the City Council. 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. Section 26-9, Seniority Pay, of Chapter 26 Police of the Code of Ordinances of the City of Paris, Texas is hereby amended to read in its entirety as follows: "Sec. 26-9. Seniority Pay Members of the police department below the rank of chief shall be entitled to receive seniority pay, on the basis of time in service and rank achieved, said seniority pay to be in addition to each officer's base pay as follows: (a) For all officers of the rank of police officer, seniority pay shall be added to each officer's base pay, based on the following schedule of years in service to the Paris Police Department: 1. Police Officers with one (1) to two (2) years of service—Twenty-three and eight cents ($23.08) per pay period. 2. Police Officers with three (3) to four (4) years of service - Twenty-six and ninety two cents ($26.92) per pay period. 6�J 3. Police Officers with five (5) years or more of service and less than ten (10) years of service—Sixty-eight dollars and sixty-one cents ($68.61) per pay period. 4. Police Officers with ten (10) years or more of service and less than fifteen (15) years of service—Eighty-seven dollars and eighty-five cents ($87.85) per pay period. 5. Police Officers with fifteen (15) years or more of service—One hundred forty-five dollars and fifty-four cents ($145.54) per pay period. (b) All officers of the rank of Sergeant, as a result of their years of service in having achieved said rank—One hundred fifteen dollars and forty-six cents ($115.46) per pay period. (c) All officers of the rank of Lieutenant, as a result of their years of service in having achieved said rank—One hundred seventy-one dollars and fifty-four cents ($171.54) per pay period. (d) All officers of the rank of Captain, as a result of their years of service in having achieved said rank—One hundred thirty-nine dollars and fifty-four cents ($139.54) per pay period. (e) For the rank of assistant chief, as a result of years of service in having achieved said rank—One hundred-forty five dollars and thirty-one cents ($145.31) per pay period. (� The seniority pay provided by this section shall be in addition to the regular base pay received by the member or members of the police department qualifying for same." 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 5. 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. 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 7. This Ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 22nd day of April, 2013. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 6'7 A.J. Hashmi, M.D., Mayor