§ 32.027 STATUS OF PRESENT EMPLOYEES.

   Any person holding a position in the classified service at the time of the adoption of the Civil Service Law by the voters of the city, who shall have served in the service of the city continuously for at least six months, shall enjoy civil service status without competitive examinations, but shall thereafter be subject in all other respects to the provisions of this subchapter and the rules and regulations of the Commission. Any other persons in the classified service shall be regarded as holding their positions under temporary appointments.

(1998 Code, § 90-34)

Statutory reference:

   Similar provisions, see Tex. Local Gov’t Code § 143.005

§ 32.028 POLITICAL ACTIVITIES; LEAVES OF ABSENCE.

   (A)   Employees in the Fire Department or Police Department shall not be permitted to take an active part in any political campaign of another for an elective position of the city if they are in uniform or on active duty. As used in this section, the term ACTIVE PART means making political speeches, passing out cards or other political literature, writing letters, signing petitions, actively and openly soliciting votes or making public derogatory remarks about candidates for these elective positions.

   (B)   Firefighters and police officers coming under the provisions of this subchapter are not required to contribute to any political fund or render any political service to any person or party whatsoever; and no person shall be removed, reduced in classification or salary, or otherwise prejudiced by refusing to do so; and any official of the city coming under the provisions of this subchapter who attempts such actions shall be guilty of violating the provisions of this subchapter.

   (C)   No firefighter or police officer shall be refused reasonable leave of absence without pay; provided that, a sufficient number of employees to carry out the normal functions of the Department shall be provided, for the purpose of attending any fire or police school, convention or meeting, the purpose of which is to secure more efficient departments and better working conditions for the personnel thereof, nor shall any rule ever be adopted affecting their constitutional right to appear before or petition the legislature; provided, however, that, the Civil Service Commission or the City Commission may not further restrict the rights of employees of the Police and Fire Departments to engage in political activities, except as expressly provided in this section.

(1998 Code, § 90-35)

Statutory reference:

   Similar provisions, see Tex. Local Gov’t Code §§ 143.071, 143.086

§ 32.029 EMPLOYEES ENGAGING IN STRIKES.

   (A)   It shall be unlawful for any employee in the classified service of the city to engage in any strike against the city.

   (B)   In addition to the penalty provided in § 32.999(B) of this chapter, any employee who has been convicted of a violation of the provisions of this section shall thereby be automatically released and discharged from the classified service and shall thereafter be ineligible to receive any pay or compensation out of any public funds provided for the support of the classified service.

(1998 Code, § 90-36) Penalty, see § 32.999

Statutory reference:

   Similar provisions, see Tex. Local Gov’t Code § 143.087

POLICE DEPARTMENT GENERALLY

§ 32.040 APPOINTMENT OF CHIEF OF POLICE.

   The Chief of Police shall be appointed by the chief executive officer and confirmed by the City Commission.

(1998 Code, § 70-1)

§ 32.041 CONTROL AND DIRECTION OF POLICE DEPARTMENT.

   The Police Department and officers and employees thereof shall be under the charge, control and direction of the Chief of Police, subject to such rules, regulations and orders as may be prescribed by the Civil Service Commission.

(1998 Code, § 70-2)

§ 32.042 RESPONSIBILITIES OF CHIEF OF POLICE.

   The Chief of Police shall at all times be responsible for the conduct of the Police Department and shall devote all of his or her time and energy to the discharge of the duties of his or her office.

(1998 Code, § 70-3)

§ 32.043 OATH OF POLICE OFFICERS.

   Each police officer of the city shall take the constitutional oath of office before entering upon the discharge of the duties of his or her office.

(1998 Code, § 70-4)

§ 32.044 DUTIES OF POLICE.

   The officers and employees of the Police Department are charged with the duties of preserving the public peace, detecting and preventing crime, arresting offenders, protecting the rights of persons and property, preserving order at elections, public meetings and public places, preventing and removing, if possible, nuisances on and in all public streets, highways, alleys, waters and other places, the enforcement of the penal code of the state and the penal provisions of this code and other ordinances of the city, and performing and discharging such other duties as are now or may hereafter be imposed upon them by the laws of the state or by the ordinances of the city.

(1998 Code, § 70-5)