HomeMy WebLinkAboutOrd No. 11-3566160
CIVIL SERVICE
ORDINANCE NO. 11 -3566
AN ORDINANCE AMENDING CHAPTER 11, FIRE PROTECTION AND
PREVENTION, OF THE CITY OF PLAINVIEW CODE OF ORDINANCES
AND CLARIFYING THE CERTIFICATION PAY AND ASSIGNMENT PAY
IN THE FIRE DEPARTMENT AND THE FIRE MARSHAL'S OFFICE;
CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY
CLAUSE, AND EFFECTIVE DATE.
WHEREAS, the City of Plainview, Texas has adopted Chapter 143 of the Texas
Local Government Code, which applies to members of the Plainview Fire Department;
and
WHEREAS, the City of Plainview, Texas, by and through its City Council, may
authorize certification pay to firefighters meeting the requirements for certification set by
the Commission on Fire Protection Personnel Standards and Education; and
WHEREAS, the City of Plainview, Texas, by and through its City Council, may
also authorize firefighters to receive assignment pay in an amount and payable under
the conditions set forth below and in addition to regular pay received by fire department
members; and
WHEREAS, this Ordinance applies equally to each person meeting the
established criteria and may provide for payment to each firefighter who meets training
or education criteria for an assignment or the below criteria may provide for payment
only to a firefighter in a special assignment; and
WHEREAS, the City Council finds that such certification pay and assignment
pay paid as designated below is necessary to assure compliance with state law and is
in the best interest of the City; and
WHEREAS, this will apply in all matters concerning certification pay and
assignment pay for the civil service members of the fire department of the City of
Plainview.
NOW, THEREFORE, the City of Plainview Hereby Ordains That:
SECTION I.
Chapter 11, Fire Protection and Prevention, is amended as follows:
Ordinance No. 11 -3566
Civil Service Certification - Assignment Pay Page 1 of 7
Positions
Intermediate
Fire Fi.hter
Advanced
Fire Fighter
EMT -I
EMT -P
or LP
Fire Chief
-
-
-
-
Fire Marshal
X
X
X
X
Training Officer
X
X
X
X
Captain
X
X
X
X
Lieutenant
X
X
X
X
Equipment Operator
X
X
X
X
Fire Fighter
X
X
X
X
Sec. 11 -10. Certification Pay.
(a) The term "fire department certification pay" shall relate to pay which is offered upon
successfully meeting the requirements set by the Texas Commission on Fire Protection
(TCFP) and the Texas Department of State Health Services (TDSHS) for certification in
the following areas and providing proof of the applicable accomplishments to the Fire
Chief:
(1) TCFP Basic Fire Fighter;
(2) TCFP Intermediate Fire Fighter
(3) TCFP Advanced Fire Fighter;
(4) TDSHS Basic EMT;
(5) TDSHS EMT - Intermediate; and
(6) TDSHS EMT - Paramedic, or LP.
The following chart shows which positions will be eligible for certification pay:
(b) Continuing Eligibility. In order to have continuing certification pay eligibility as
provided in this Section of the ordinance, members of the fire department shall comply
with the following provisions:
(1) After becoming eligible for the fire department certification pay, each
member of the fire department, in order to continue such eligibility, is hereby
required to successfully continue to meet all requirements of the TCFP, the
TDSHS, Plainview Fire /EMS Department's SOP, and City of Plainview
Policy regarding such certifications.
(2) In the event that eligibility for the fire department certification pay, as set by
the TCFP and the TDSHS, is not maintained by any member of the fire
department, such member's certification pay shall terminate on the date upon
Ordinance No. 11 -3566
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Ordinance No. 11 -3566
which the said TCFP or the TDSHS revokes, cancels or suspends the
member's certification.
(c) Authority. It is hereby determined that the City of Plainview, Texas has a population
of under 1.5 million, and this section is passed pursuant to the authority of V.T.C.A.,
Local Government Code § 143.044.
(Ord. No. 07 -3479, 5 -8 -2007; Ord. No. 10 -3538, 11 -9 -10)
Sec. 11 -11. Assignment Pay.
(a) The City Council hereby authorizes assignment pay in addition to the regular pay
received by Civil Service members of the following divisions of the Plainview Fire /EMS
Department due to the specialized functions of such members:
(1) Fire Prevention Division;
(2) Firc Training Division;
(3 21 EMS Division;
(4 3) Arson Investigator (only if assigned to Fire Prevention Division);
(5 4) Fire Inspector (only if assigned to Fire Prevention Division);
(b) It is hereby determined that the City of Plainview, Texas, has a population of under
1.5 million, and this section is passed pursuant to the authority of the V.T.C.A., Local
Government Code § 143.042.
(Ord. No. 07 -3479, 5 -8 -2007; Ord. No. 10 -3538, 11 -9 -10)
Sec. 11 -12. Requirements and Criteria for Additional Pay.
A firefighter meeting the following minimal criteria and complying with the requirements
established below shall receive additional pay.
(1) Arson Investigator II — To receive Arson Investigator II pay, a firefighter must:
(a) hold an Intermediate Arson Investigator certification issued by the
Texas Commission on Fire Protection and maintain this certification
level or higher;
(b) be assigned to the Fire Prevention Division and actively perform the
duties of Arson Investigator II; and
(c) provide proof of certification to the Fire Chief.
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(2) Arson Investigator III — To receive Arson Investigator III pay a firefighter must:
(a) hold an Advanced Arson Investigator Certification issued by the Texas
Commission on Fire Protection and maintain this certification level or
higher;
(b) be assigned to the Fire Prevention Division and actively perform the
duties of Arson Investigator III; and
(c) provide proof of certification to the Fire Chief.
(3) Fire Inspector II — To receive Fire Inspector II pay a firefighter must:
(a) hold an Intermediate Fire Inspector Certification issued by the Texas
Commission on Fire Protection and maintain this certification level or
higher;
(b) be assigned to the Fire Protection Division and actively perform the
duties of Fire Inspector; and
(c) provide proof of certification to the Fire Chief.
(4) Fire Inspector 111 — To receive Inspector 111 pay a firefighter must:
(a) hold an Advanced Fire Inspector Certification issued by the Texas
Commission on Fire Protection and maintain this certification level or
higher;
(b) be assigned to the Fire Prevention Division and actively perform the
duties of Fire Inspector; and
(c) provide proof of certification to the Fire Chief.
{5) Fire Training Officer To receive Firc Training Officer pay a firefighter must:
(d) provide proof of certification to the Fire Chief.
(Ord. No. 07 -3479, 5 -8 -2007; Ord. No. 10 -3538, 11 -9 -10)
Sec. 11 -13. Additional Pay.
Additional pay is authorized in the following monthly amounts:
(1) Certification Pay shall be authorized for the following additional amounts
paid:
Ordinance No. 11 -3566
{a) hold (or obtain within one y ar) a Fire Service Instructor II certification
issued by the Texas Commission on Firc Protection and maintain this
certification level or higher;
(b) hold an EMS Instructor Certification issued by the Texas Department
of State H alth Services;
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Ordinance No. 11 -3566
(a) Firefighter Certification Pay:
1. Basic Firefighter Certification
2. Intermediate Firefighter Certification
3. Advanced Firefighter Certification
(b) EMS Certification Pay:
1. Basic EMT
2. EMT -I
3. EMT -P or LP
(c) Paramedic Recertification Pay. A Paramedic is required to be recertified
once every four years. For each time a Paramedic is recertified as a
Paramedic while employed by the City of Plainview, the employed
Paramedic will be paid $25.00 per month.
(2) Assignment Pay shall be authorized for the following additional amounts
paid:
Sec. 11 -14. Administration.
(a) Fire Prevention Division
1. Arson Investigator 11
2. Arson Investigator III
3. Fire Inspector 11
4. Fire Inspector III
(b) EMS Division
1. Tach 1- EMT -P or LP
2. Tach I- EMT Intermediate
3. Tach 11 - EMT -P or LP
4. Tach ll - EMT -I
$ 40.00
$120.00
$220.00
$ 40.00
$209 40 240.00
$400.00 480.00
$120.00
$220.00
$120.00
$220.00
$0.00
$0.00
$0.00
$0.00
(Ord. No. 07 -3479, 5 -8 -2007; Ord. No. 10 -3538, 11 -9 -10; Ord. No. 11 -3546, 6 -14 -2011)
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(1) The City Council authorizes assignment pay in the above - stated additional
amounts for firefighters in the above - specified positions as long as he /she possesses
the specific criteria to perform the assigned positions.
(2) The Fire Chief shall establish procedures for the administration of the
additional pay authorized by this Ordinance.
(3) Such Certification and Assignment pay will be effective retroactively starting
October 1, 2010 2011.
(Ord. No. 07 -3479, 5 -8 -2007; Ord. No. 10 -3538, 11 -9 -2010)
SECTION II
Provisions of this ordinance are cumulative and nothing herein shall prevent, alter,
or diminish the applicability or enforcement of other ordinances restricting, regulating or
governing the subject matter herein.
SECTION III
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
SECTION IV
Severability is intended throughout and within this Article. If any provision, including
any section, paragraph, sentence, clause, phrase or word or the application thereof to any
person or circumstance is held invalid, unconstitutional, or unenforceable by a court of law
or administrative agency with jurisdiction over the matter, such action shall not be
construed to affect any other valid portion of this Ordinance. A constitutional construction
hereof is intended an shall be given. There is not intent herein to violate either of the
Texas Constitution or the Constitution of the United States.
SECTION V
This ordinance shall be of full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 8 day of November, 2011.
PASSED AND APPROVED on second reading this 17 ay of November, 2011.
L;
JOHN C. ANDERS N, MAYOR
ATT T:
Belinda Hinojosa, Ci y S •cretary
Ordinance No. 11 -3566 Civil Service Certification - Assignment Pay
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166
APPROVED AS TO FORM:
Les le Spear Pear e, City Attorney
Ordinance No. 11 -3566
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