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06 Police Dept. Composition Memo: To: Chief Karl Louis From: Acting Lt. Sgt. John T. Bull Date: February 7, 2003 10:34 am. Re: Departmental Vote on 12 hr. shifts (80 hr. pay period). As of this morning, I have collected and tallied all of the ballots/waivers for the 80 hour pay pedod. The results were as follows: Total certified officers casting ballot: 64 Total Votes in support: 53 Total votes against: 11 This indicates a majority for the support of the proposition of approximately 83%. It should be noted, that some of the officers who were not assigned to Patrol division and were thereby unaffected by the 12 hour shifts, actually would have preferred to abstain from voting had they not been advised by me to vote "yes or no". It also bears mentioning that of the negative votes cast, only 5 were from officers who will be assigned to the patrol division and are therefore affected by the proposal. This would indicate that of the 35 officers assigned to the patrol division, 30, or 86% are in favor of the proposal. If I may be of any further assistance in this matter, please let me know. Respectfully submitted, Sgt. John T. Bull Accepted/Approved: Chief Karl Louis~ Date:~ DRAFT F:~Attorney\Lisa\Ordinances\CURRENT~PD Composition Ord 2003.wpd December 13, 2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING SECTION 26-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS OF THE POLICE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; 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; and, WHEREAS, the Chief of Police is desirous of implementing twelve (12) hour work shifts as opposed to the eight (8) hour shifts currently in place, with officers working four (4) days in one week and three (3) days in the next; and, WHEREAS, the revised shifts will result in officers working the same number of hours over a two (2) week time period; and, WHEREAS, pursuant to Section 142.0015(j) of the Texas Local Government Code, a majority of the certified peace officers in the department have indicated their acceptance of the proposed shift change by waiving in writing state law prohibitions against work weeks of duration longer than the forty (40) hours per week normally worked by non-firefighter personnel; and, WHEREAS, in order to accomplish this revision in the number of hours and days worked by each shift, it is necessary to have four (4) shifts instead of the present three (3); and, WHEREAS, the addition of a fourth shift will not require that new officers be added to the Department's current staffing level; instead the Police Chief recommends that two (2) police privates be promoted to the rank of corporal and one (1) police corporal be promoted to the rank of sergeant, resulting in a reduction in the number of police privates by two (2), an increase in the number of corporals by one (1), and an increase in the number of sergeants by one (1); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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, 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-four (64) members classified as follows: "(1) One (1) assistant chief. "(2) Three (3) police lieutenants. "(3) Twelve (12) police sergeants. "(4) Four (4) police corporals. "(5) Forty-four (44) police privates." Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. That this ordinance shall become effective on March 1, 2003. PASSED AND ADOPTED this 10th day of February, 2003. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney MEMORANDUM TO: Karl Louis, Chief of Police Larry W. Schenk, City Attorney~{~0 FROM: SUBJECT: Legal Implications of Implementing a Modified Two-week Work Schedule of Alternating Forty-four (44) Hours and Thirty-six (36) Hours for Paris Police Officers DATE: February 4, 2003 You have forwarded a copy of a memorandum addressed to City Manager Michael E. Malone dated December 2, 2002, a copy of which is appended hereto, whereby you proposed a new patrol- staffing plan to enable your patrol officers to work as much as twelve (12) hours in a single shift. To implement that plan, you propose a two-week work schedule in which officers would work forty- four (44) hours in one week and thirty-six (36) hours the second week, thereby totaling eighty (80) hours in the two (2) week period. The actual work week would consist of three (3) working days of twelve (12) hours in duration and the second work week would consist of three (3) days of twelve (12) hour shifts with one eight (8) hour day. You're proposal has been forwarded to this department to determine the Federal and State law implications, if any, of your proposal. With regard to the Federal statutes, your proposal does not appear to raise any serious implications relative to the Federal Fair Labor Standards Act (FLSA), other than the City Manager will need to make an administrative declaration to accept the partial overtime exemption available onder Section 207(k) of the FLSA and declare a fourteen (14) day workweek for all affected police patrol personnel prior to implementation of your plan.. With regard to State law, however, certain issues arise under Section 142.0015 of the Local Government Code. Section 142.0015(0 provides as follows: "(f) A police officer may not, except as provided by subsection (g) or (j), be required to work more hoors during a calendar week than the number of hours in the normal work week of the majority of the employees of the municipality other than firefighters and police officers." Because the "normal work week" of a majority of the employees of the City of Paris, other than firefighters, consists of an even forty (40) hours per week, the provisions of subsection (f) cited above would prohibit your proposal unless the exceptions set out in subsections (g) or (j) apply. Subsection (g) allows officers to work more hours than permitted by subsection (f) in the event of an emergency and is not applicable to your inquiry. Subsection (j), however, provides as follows: "(j) Ifa majority of police officers working for a municipality sign a written waiver of the prohibition in subsection (fl, the municipality may adopt a work schedule for police officers requiring a police officer to work more hours than permitted by subsection (f). The officer is entitled to overtime pay if the officer works more hours during a calendar month than the number of hours in the normal work month of the majority of the employees of the municipality other than firefighters and police officers." (emphasis added) Consequently, subsection (.j) would authorize the adjusted work schedule which would result in forty-four (44) hours per week ifa majority of all the police officers in the department (and not just those in patrol directly affected by the proposal) sign a written waiver agreeing to your proposal. The waiver must satisfy the requirements of subsection (j) as recited above. For your use, I am enclosing a copy ora draft waiver which I believe would satisfy the requirements of subsection (j). Furthermore, I have revised your original memorandum to serve as an exhibit to the waiver document to be able to illustrate that each officer was duly informed as to your proposal prior to making an election as to whether or not to accept and approve the waiver. Ifa sufficient number of your certified police officers approve the waiver, thereby accepting your proposal, fifll implementation of the proposal still woold require adjustments to the staffing levels of your department as reflected in current ordinances. A draft ordinance containing those suggested changes is Iikewise enclosed with this memorandum. After you have had the opportunity to review these documents, perhaps we can discuss them further. If you have any additional questions regarding this matter, please do not hesitate to contact me. /Iw cc: Michael E. Malone, City Manager MEMORANDUM TO: All Certified Personnel of the Paris Police Department FROM: Karl Louis, Chief of Police SUBJECT: Implementation ora Variable 12~Hour Shift Plan for Ali Patrol Personnel DATE: February 4, 2003 I have studied a new patrol-staffing plan which would enable patrol officers to work twelve (12) hour shifts. Many other police departments have gone to this type of work schedule. We would need to go to a two-week work schedule so that we can work forty-four (44) hours one week and thirty-six (36) hours the second week without impacting eligibility for overtime. Our work week would consist of working three (3) days of twelve (12) hour shifts the first week with one (1) eight (8) hour day and three (3) days of twelve (12) hour shifts the second week, and overtime would be paid for hours worked over 80 hours during the two week period. With our continued ever-increasing work load and stress the officers are under, I feel that this system would produce a better police officer for the City of Paris and would really help our morale. The officers in every department we checked with said they "loved it and would never go back to the old shifts." In order to implement this work schedule we need to create one (1) new Sergeant's and one (1) new Corporal's position. This would not require hiring two new officers for these positions. We already have candidates for these positions on existing promotional lists. Before we can implement this work schedule, State law found at Section 142.00150) of the Local Government Code also requires a majority of all certified personnel within the department (and not just patrol officers) to sign a written waiver of the language found in Section 142.0015, at subsection (f), which prevents the City from requiring police officers to work more hours during a calendar week than the City's nom~al forty (40) hour work week unless an emergency arises, or unless a majority sign the written waiver, thereby essentially agreeing to the revised work week. I am enclosing for your consideration a waiver document which would meet the requirements o fState law. I am asking that you consider the document and return it to me by 3:00 p.m., Friday, February 7, 2003, reflecting your agreement or lack of agreement with the proposal. I am proposing this change for the good of the entire department, but would desire to implement the program only ifa sizeable majority of the department is convinced they would prefer this arrangement. Therefore, I welcome your reaction to my proposal, whether to accept the waiver or reject it. If you are at all confused by this proposal, or require additional infom~ation, please contact my office at your earliest opportunity. /Iw cc: Michael E. Malone, City Manager Gene Anderson, Director of Finance Larry W. Schenk, City Attorney Tommy Haynes, Civil Service Director AGREEMENT TO WORK ALTERNATE SCHEDU~F, Pursuant to Chapter 142.0015(j) of the Texas Local Gover-ment Code, the undersigned agrees to work more than 40 hours in a workweek. Specifically, the undersigned agrees that he/she will be entitled to overtime pay if he/she works more hours during a biweekly period than the number of hours in the normal biweekly work period of other City of Paris employees who are not assigned public safety duties. This waiver is effective for the duration of my employment or until revoked by me in writing. Date Employee Witness Print Name