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(a) The human resources department shall make all reasonable efforts to ensure that at all times the department maintains a roster of at least three neutral, third-party hearing officers who meet the requirements of this section and who have agreed to preside over disciplinary appeal hearings if available and requested to do so.
(b) In determining whether to appoint an individual to the roster of hearing officers, the human resources department shall consider the individual’s training and experience and shall endeavor to select individuals who: are familiar with legal requirements applicable to employers and employees as well as the city’s Personnel Rules and Regulations; have good analytical skills; have prior experience conducting administrative hearings or similar quasi-judicial proceedings; have experience issuing written findings of fact based on the evidence introduced; have experience issuing recommendations or orders applying law or policy to adduced facts; and have a demonstrated ability to write clearly and concisely and to put in writing how those facts show compliance with or violation of the law or policy at issue. A hearing officer may request to be removed from the roster. In addition, the director of the human resources department or that individual’s designee may, in his or her sole discretion, remove a hearing officer for any reason, including, but not limited to, demonstrating bias, failing to comply with all applicable requirements of this section and the Personnel Rules and Regulations, cancelling or postponing hearings without providing the department and the parties adequate advance notice, failing to meet deadlines, or producing written recommendations that do not demonstrate the skills and abilities described above.
(c) In selecting among qualified hearing officer candidates, the director of the Human Resources Department or that person’s designee shall take into account the composition of the city’s workforce and shall endeavor to provide a roster that is fairly representative of both sexes and of the various racial groups that comprise the employees of the city.
(d) An individual may not serve as a hearing officer if the individual or the individual’s spouse or domestic partner is otherwise being compensated by the city in exchange for serving as an official, employee, temporary contract laborer or vendor.
(e) (1) A hearing officer is disqualified to hear an appeal, and shall disclose to the Human Resources Department in writing, if the hearing officer is:
a. Acting in place of a parent for;
b. In a domestic partner relationship with; or
c. Related within the second degree by consanguinity or affinity to any of the following individuals: the employee; the department head or designee who imposed discipline; or any witness.
(2) A person is related within the second degree by consanguinity to the person’s parents; grandparents; children; grandchildren; and the person’s aunts, uncles, cousins, nieces, and nephews related by blood or adoption. A person is related within the second degree by affinity to the person’s spouse; step-parents; step-grandparents; stepchildren; step-grandchildren; parents-in-law; children-in-law; and the person’s aunts, uncles, cousins, nieces and nephews related by marriage.
(f) A hearing officer is intended to serve as neutral third party with no allegiance or ties to the city or the employee. The human resources department shall advise each hearing officer of the hearing officer’s duty of impartiality. The department may, in its discretion, require a hearing officer to issue an oath affirming awareness of and commitment to this duty.
(g) The human resources department shall establish and implement a written process for maintaining the roster and assigning hearing officers to ensure hearing officers are assigned on an impartial, rotating, random basis and to ensure that neither party is allowed to request assignment or non-assignment of a particular hearing officer or to otherwise attempt to influence the hearing officer assignment process.
(h) A hearing officer shall preside over the assigned disciplinary appeal hearing and shall have the power and authority to administer oaths; to admit or exclude evidence; to issue orders compelling the attendance of witnesses and the production of documents; to issue other orders reasonably necessary for the fair, impartial and efficient conduct of the assigned disciplinary appeal hearing; and to issue findings and recommendations in accordance with § 2-182.
(Ord. 21197-04-2014, § 4, passed 4-15-2014, eff. 4-25-2014)
(a) In this article, the term
PERSONNEL RULES AND REGULATIONS means the policies, practices, guidelines and work rules adopted in accordance with the terms of this section.
(b) In accordance with the city manager’s duty under the City Charter to exercise control over city departments, the city manager or that individual’s designee shall, with advice and assistance from the Human Resources Department, develop, adopt and promulgate Personnel Rules and Regulations for all city employees who are, directly or indirectly, under the city manager’s supervision and control.
(c) All Personnel Rules and Regulations shall be unbiased and merit-based.
(d) One or more alternative bodies of Personnel Rules and Regulations may be adopted for personnel who are governed by the state’s civil service laws to the extent such alternate rules and regulations are required in order to comply with state law or the terms of a binding labor agreement that has been negotiated in accordance with state law.
(Ord. 21197-04-2014, § 5, passed 4-15-2014, eff. 4-25-2014)
The human resources director or the director’s designee shall be responsible for certifying that the persons named on the payroll vouchers have been appointed and employed in accordance with the provisions of this article.
(Ord. 11921, § 2 (11), passed 4-18-1995)
(a) For purposes of this section:
(1) EMPLOYEE means an employee of the City of Fort Worth.
(2) OFFICER means any person appointed by the Mayor or City Council to a board, commission or committee established by charter, ordinance or state law, including hearing officers as defined in the Chapter 2, “Administration,” Article VII, “Code of Ethics” of the Code of the City of Fort Worth, Texas, as amended.
(3) The following are deemed not to be officers:
a. Municipal judges; and
b. Members of an advisory board, task force or any other committee that functions only in an advisory or study capacity.
(b) Officers may not seek election to any public office or hold public office during their appointment. Any officer who becomes a candidate for nomination or election to any public office shall immediately forfeit his or her position held with the city.
(c) Nothing herein shall prohibit an employee from becoming a candidate for public office. No disciplinary action shall be taken against an employee, including terminating the employment of the employee solely because the employee becomes a candidate for public office. The employee must fulfill all the duties and responsibilities associated with his or her employment.
(d) Except as provided by subsection (e) below, officers and employees may solicit or receive subscription or contributions for any political party or for any political purpose while off duty. Officers and employees shall not be required to contribute to any political fund or person seeking a political office; and no person shall be removed, reduced in classification or salary, or otherwise prejudiced by refusing to do so.
(e) (1) The following employees are prohibited from taking an active part in another person’s campaign for city council:
a. Department heads;
b. Assistant city managers;
c. City attorney; and
d. City manager.
(2) Taking an active part includes, but is not limited to, making a political speech, making financial contributions, distributing campaign literature, writing a letter, signing a petition and actively seeking votes.
(f) No employee shall take an active part in any other person’s political campaign for an elective position while on active duty or in uniform.
(g) Employees may actively participate in referendum elections while off-duty. Employees may wear city-issued uniforms for an off-duty political activity related to a referendum election if the employee was required to wear the city uniform as part of his or her on-duty employment on the day of the political activity.
(h) A employee shall not, directly or indirectly, induce or attempt to induce any subordinate of the employee:
(1) To participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate or issue; or
(2) To refrain from engaging in any lawful political activity.
(i) A general statement merely encouraging another person to vote does not violate subsection (h) above.
(j) Except as provided by subsection (e) above, nothing contained in this section shall affect the rights of officers and employees to support a political party, to act as a precinct chairperson, to vote as they choose in any election, to express their opinions on all political subjects and candidates, to publicly endorse candidates, to maintain political neutrality or to attend political meetings.
(Ord. 11921, § 2 (11), passed 4-18-1995; Ord. 17849, § 1, passed 10-23-2007; Ord. 18862-10-2009, § 1, passed 10-13-2009; Ord. 20934-09-2013, § 1, passed 9-17-2013)
(a) No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this article or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this article and policies under this article.
(b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the city service.
(c) No employee of the human resources department, examiner or other person shall deceive or obstruct persons in their right to examination, eligibility, certification or appointment under this article or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the city service.
(d) No person shall fail or refuse to comply with a subpoena issued by the board or its designated hearing officer, in conducting a hearing on an employee appeal.
(Ord. 11921, § 2 (12), passed 4-18-1995)
(a) Any person who willfully violates any provision of this article shall be guilty of a misdemeanor and subject to punishment as provided in § 1-6 of the city code.
(b) Persons convicted of a misdemeanor under this article shall, for a period of five years, be ineligible for appointment to or employment in a position in the city service. If at the time of their conviction they are an officer or employee of the city, they shall automatically forfeit their office or position.
(Ord. 11921, § 2 (13), passed 4-18-1995)
(a) City employees are required to reside within the United States of America as a condition of employment.
(b) City employees are not required to reside within the city limits as a condition of employment. This subsection (b) does not prohibit the establishment of such a residency requirement for:
(1) The mayor, a city council member, a candidate for mayor or a candidate for city council member.
(2) The city manager, city attorney, city secretary, city auditor, parking bureau hearing officer or judges of the municipal courts.
(c) City employees who reside outside the city limits and are subject to being called to respond to a civil emergency are required to reside at a location which allows them to respond to such an emergency within 30 minutes from the time the call is received. The response time shall be measured by the time required for the employee to travel from their residence to the emergency by automobile at posted speed limits in ordinary weekday traffic.
(d) Subsection (c) above shall not apply to city employees who reside outside the city limits and were hired on or before April 1, 1992. Such employees who are subject to the emergency response time requirement shall meet the requirements of subsection (c) above within six months after they are hired.
(e) When the city manager must fill a position which is subject to the response time requirements of subsection (c) above but is not reasonably able to find a person who meets such requirements, the city manager may grant an exception therefrom. Such exception must be in writing and signed by the city manager, and maintained in the employee’s personnel file.
(Ord. 11921, § 2 (14), passed 4-18-1995)
(a) Pursuant to Tex. Local Government Code Chapter 172, the City of Fort Worth may provide certain benefits, including group health coverage, to its officers, employees and retirees, and to the dependents of officers, employees and retirees. Pursuant to Article 16, § 66 of the Texas Constitution, such benefits are not a constitutionally protected right, and may be changed or discontinued at any time.
(b) Tex. Local Government Code Chapter 175 permits a person who is entitled to receive pension coverage from the City of Fort Worth to purchase continued health coverage for the person and the person’s dependents, as defined by the city, if health benefit coverage is provided to employees, and if the person is not eligible for group health coverage through another employer. This chapter does not require the city to offer health coverage, and does not require the city to pay any portion of the cost for health coverage if it makes coverage available.
(c) The City of Fort Worth provides health benefit coverage for its employees and retirees, and their dependents, and for surviving dependents of retired and vested employees on a variable contribution basis. Although the city is not required to pay any portion of the cost of this coverage, the city will pay a percentage of the cost of health benefits for retired employees who were hired prior to January 1, 2009, and their dependents, as approved by city council.
(d) The city will not contribute to the cost of health benefits for employees and their dependents upon the retirement of the employee if the employee was hired on or after January 1, 2009.
(e) Coverage under subsection (c) above is not a contractual right, nor a guarantee of future coverage. The city may change health benefits or discontinue health benefits at any time. Additionally, city contributions to health coverage in any fiscal year are contingent on sufficient funds being allocated in the City of Fort Worth’s annual budget for that fiscal year.
(f) The city shall establish a separate account for the purpose of funding the city’s retiree healthcare liability. City council shall determine the amount to be allocated to this account in the City of Fort Worth’s annual budget. The funds in this account may be invested as allowed by state and federal law.
(Ord. 18287-09-2008, § 1, passed 9-16-2008)
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