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CHAPTER 32: LAW ENFORCEMENT AND FIRE DEPARTMENT
Section
Classification Plan for Firefighters and Police Officers
   32.001   Definitions
   32.002   Establishment and adoption
   32.003   Class specifications generally
   32.004   Interpretation of class specifications
   32.005   Allocation of positions to classes; use of class titles
   32.006   Reallocation of position when duties change
   32.007   Hearing on appeals from allocation
   32.008   Status of present employee upon reallocation to different class
   32.009   Fire Department; classes of positions
   32.010   Police Department; classes of positions; authorized strength
Civil Service System for Firefighters and Police Officers
   32.025   Definitions
   32.026   Establishment
   32.027   Status of present employees
   32.028   Political activities; leaves of absence
   32.029   Employees engaging in strikes
Police Department Generally
   32.040   Appointment of Chief of Police
   32.041   Control and direction of Police Department
   32.042   Responsibilities of Chief of Police
   32.043   Oath of police officers
   32.044   Duties of police
   32.045   Arrest without warrant
   32.046   Searching of prisoners; disposition of weapons and valuables taken from prisoners
   32.047   Record of commitments and prisoners
   32.048   Payment of fines and costs; prisoner labor authorized
   32.049   Supervision and hours of prisoner labor
Reserve Force
   32.060   Established
   32.061   Qualifications for membership
   32.062   Members to serve at discretion of Chief of Police; call to service
   32.063   Compensation of members; status under Civil Service Law
   32.064   Eligibility of members for benefits
   32.065   Reserve force supplemental to regular police force
   32.066   Rules and regulations
Acceptance of Cash in Lieu of Bond
   32.080   Authorized
   32.081   Receipt
   32.082   Power of attorney to be procured from accused
   32.083   Custody of money
   32.084   Disposition of money after court hearing
Abandoned, Lost or Unclaimed Property
   32.095   Custody
   32.096   Recovery by owner; conflicting claims
   32.097   Notification of owner; holding period prior to sale
   32.098   Notice of sale; conduct of sale
   32.099   Sales to be for cash; rejection of bids; disposition of proceeds
   32.100   Records of sales
   32.101   Disposition of unsold property
Fire Department Generally
   32.115   Fire Chief; obstructing operations of Fire Department
   32.116   Arson reward established
   32.117   Procedure for offering arson reward
   32.118   Payment of arson reward
   32.119   Smoking prohibited in auditoriums, theaters and rooms of public accommodation; causing fire; posting of notice in rooms
   32.120   Duty of operators of public accommodations to give fire alarm
   32.121   Gasoline containers
   32.122   Dispensing motor fuels from mobile devices
   32.123   Tank trucks transporting flammable, corrosive or toxic materials; route map; use of designated routes; construction requirements; required signs and equipment
Fire Marshal
   32.135   Position established
   32.136   Appointment, removal and compensation
   32.137   Right of entry
   32.138   Investigation of fires
   32.139   Duty when evidence indicates arson
   32.140   Taking of testimony generally
   32.141   Authority to summon witnesses, require production of evidence and administer oaths
   32.142   Investigations may be private; separation of witnesses
   32.143   Misconduct of witnesses summoned by fire marshal or designee
   32.144   Inspection of premises; order to correct dangerous conditions
   32.145   Record of fires
   32.146   Reports to State Fire Marshal
 
   32.999   Penalty
Cross-reference:
   Firefighters’ and Police Officers’ Civil Service Commission, see §§ 31.20 through 31.26
CLASSIFICATION PLAN FOR FIREFIGHTERS AND POLICE OFFICERS
§ 32.001 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALLOCATE. The act of assigning each position to its proper class.
   CLASS. A position or group of positions that involves similar duties and responsibilities and requires similar qualifications and which is properly designated by one title indicative of the nature of the work.
   CLASSIFICATION PLAN.
      (1)   A grouping into classes of positions which are of approximately equal difficulty and responsibility;
      (2)   Class titles, descriptive of the work of the class, which will identify each class; and
      (3)   Written class specifications for each class of positions containing a description of the nature of work and of the relative responsibility of the positions in the class, illustrative examples of work performed in the class, requirements in terms of knowledge, skills and abilities necessary for performance of the work and a statement of experience and training desirable for recruitment into the class.
   CLASSIFIED SERVICE. Members of the Fire Department and the Police Department of the city, as defined under “firefighter” and “police officer” in this section; provided that, the Chief or head of the Fire Department and the Chief or head of the Police Department shall not be included within the CLASSIFIED SERVICE.
   COMMISSION. The Firefighters’ and Police Officers’ Civil Service Commission of the city.
   DIRECTOR. The Director of Firefighters’ and Police Officers’ Civil Service designated by the Firefighters’ and Police Officers’ Civil Service Commission to act in the capacity of Secretary to the Commission and Director of Civil Service.
   FIREFIGHTER. One who engages in the fighting and extinguishment of fires.
   POLICE OFFICER. One who engages in the actual enforcement of laws and the maintenance of public order.
   POSITION. A group of current duties and responsibilities, assigned or delegated by competent authority, requiring the services of an employee.
   VACANCY. A position, duly created, which is not occupied and for the filling of which a valid requisition has been received by the Director.
(1998 Code, § 90-121)
§ 32.002 ESTABLISHMENT AND ADOPTION.
   (A)   In accordance with the provisions of Tex. Local Gov’t Code §§ 143.001 et seq., as amended, there is hereby established a classification plan for all employees in the Fire and Police Departments in the classified service of the city.
   (B)   (1)   Upon the recommendation of the Director, the City Commission hereby establishes and adopts the classification plan set forth in the provisions of this subchapter as the official classification plan of all positions in the classified service of the city.
      (2)   The City Commission reserves to itself the sole right to designate new classes of positions, or combine, divide, alter or abolish existing classes, subject only to the provisions of the Civil Service Law and this subchapter.
(1998 Code, § 90-122)
§ 32.003 CLASS SPECIFICATIONS GENERALLY.
   (A)   The Director shall cause to be maintained in the offices of the Commission, in looseleaf or other suitable form, accurate, complete and up-to-date specifications for every class of positions in the classified service.
   (B)   These specifications shall include:
      (1)   The title of the class;
      (2)   A statement of the duties performed and the responsibilities exercised by each class of positions;
      (3)   Examples of tasks performed by employees holding positions within the class; and
      (4)   The minimum and desirable qualifications required of an incumbent for the satisfactory performance of the duties and tasks and the exercise of the responsibilities.
(1998 Code, § 90-123)
§ 32.004 INTERPRETATION OF CLASS SPECIFICATIONS.
   The specifications for the various classes of positions are hereby declared to have the following force and effect.
   (A)   The specifications are descriptive only and are not restrictive. They are intended to indicate the kinds of positions that should be allocated to the respective classes as determined by their duties, responsibilities and qualification requirements. The use of a particular expression or restriction as to duties, qualification requirements or other attributes shall not be held to exclude others not mentioned if these others are similar as to kind and quality.
   (B)   In determining the class to which any position shall be allocated, the specifications for each class shall be considered as a whole. Consideration is to be given to the general duties, the specific tasks, the responsibilities, the special and desirable qualifications and the relationships to other classes as affording a picture of the positions that the class is intended to include.
   (C)   Titles, as far as possible, are intended to be suggestive of the kind of work performed by the incumbent of the position and indicative of the rank.
   (D)   The duties statement shall be construed as a general description of the kind of work performed by the incumbent of a position that is properly allocated to the class and not as describing or limiting what the duties of any position shall be.
   (E)   The examples of work shall be construed as typical tasks only, illustrative of the duties as outlined by the general statement. These examples are not intended to be complete or exclusive, and the fact that the actual tasks performed by the incumbent of a position do not appear thereon shall not be taken to mean that the position is necessarily excluded from the class; provided that, the tasks constituting the main work or employment are duly covered by the general statement of the duties. Any one example of a typical task taken without relation to the general statement of duties and all other parts of the specifications shall not be construed as determining whether a position should be allocated to the class.
   (F)   The statement of special and desirable qualifications constitutes a part of the description of the kind of employment by expressing the minimum and desired qualifications expected of any new appointee if he or she is to perform the work properly, and is to be so construed and not as imposing in itself any new or additional requirements for the filling of positions. Even though they may not be mentioned in the qualifications statement, such qualifications as should be properly required in common of all incumbents of all positions, such as good physical health, freedom from defects, citizenship, honesty, sobriety and industry, are to be considered as part of the qualification requirements.
(1998 Code, § 90-124)
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