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)

§ 32.005 ALLOCATION OF POSITIONS TO CLASSES; USE OF CLASS TITLES.

   The Director shall allocate each position in the classified service to its appropriate class in the classification plan. The allocation shall be based on the duties and responsibilities of the present incumbents of the positions and shall be entered on the official roster cards maintained by the Commission. The title of the class shall forthwith become the title of the individual positions and shall be used in payrolls submitted to the proper disbursing officer, in requests to the Commission for the certification of eligibles, in reports made to the Commission as provided by the rules and regulations of the Commission and in any other official records and communications of the Commission and of all budget and financial officers.

(1998 Code, § 90-125)

§ 32.006 REALLOCATION OF POSITION WHEN DUTIES CHANGE.

   (A)   Whenever a new position should be established or the duties of an existing position are so changed that in effect the old position as described in the class specification for the class to which it was originally allocated no longer exists and in its place there is created a position which should be allocated to a different class, the Director, in consultation with the department heads, shall report this fact to the Commission and send in on the Commission’s prescribed form a full statement of the circumstances and a description of the duties as changed.

   (B)   Upon the recommendation of the Commission, after a full investigation of the actual and proposed duties, responsibilities and qualification requirements, the City Commission may allocate or reallocate the position to its appropriate class in accordance with the classification plan then in effect.

   (C)   If necessary, a new class shall be established to provide for the new position. The Commission shall likewise from time to time of its own motion make investigations of any or all positions in the classified service and shall, in accordance with the provisions of this subchapter, make recommendations to the City Commission for the allocation of positions whenever the facts are such as to warrant this action.

(1998 Code, § 90-126)

§ 32.007 HEARING ON APPEALS FROM ALLOCATION.

   If an employee believes that his or her position has been improperly allocated, he or she may protest by presenting his or her reason therefor upon such forms or documents as the Director may prescribe. The claim shall be investigated by the Director and the Commission, then referred to the City Commission for its decision, which shall be final.

(1998 Code, § 90-127)