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HomeMy WebLinkAboutOrd 10-3538452 ORDINANCE AMENDMENT ORDINANCE NO. 10 -3538 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. 10 -3538 Civil Service Certification Assignment Pay Page 1 of 7 Positions Intermediate Fire Fighter 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. 10 -3538 Civil Service Certification Assignment Pay Page 2 of 7 453 454 Ordinance No. 10 -3538 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 the Texas Local Government Code 143.044. 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) Fire Training Division; (3) EMS Division; (4) Arson Investigator (only if assigned to Fire Prevention Division); (5) Fire Inspector (only if assigned to Fire Prevention Division); {6) Tach I (only if assigned to EMS Division); e 1 A (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 Texas Local Government Code 143.042. 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. (2) Arson Investigator III To receive Arson Investigator III pay a firefighter must: Civil Service Certification Assignment Pay Page 3 of 7 (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 III To receive Inspector III 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 Fire Training Officer pay a firefighter must: (a) hold (or obtain within one year) a Fire Service Instructor II certification issued by the Texas Commission on Fire Protection and maintain this certification level or higher; (b) hold an EMS Instructor Certification issued by the Texas Department of State Health Services; (c) be assigned to the Fire Training Division and actively perform the duties of a Fire Training Officer; and (d) provide proof of certification to the Fire Chief. Tach I; and ee.e -eee e {teach II To receive Tach II pay a firefighter must: Ordinance No. 10 -3538 tification Icvcl; +vc c duties of Civil Service Certification Assignment Pay Page 4 of 7 455 456 Ordinance No. 10 -3538 {a) hold EMT I, EMT P, or LP Certification issued by the Texas Sec. 11 -13. Additional Pay. ,.4 certification level; Tach II; and Additional pay is authorized in the following monthly amounts: (1) Certification Pay shall be authorized for the following additional amounts paid: (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 (a) Fire Prevention Division 1. Arson Investigator II 2. Arson Investigator III 3. Fire Inspector II 4. Fire Inspector III (b) Fire Training Division 40.00 X00 120.00 $460.00 220.00 40.00 $00 200.00 $2- 00.00- 400.00 (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: 60.00 120.00 $60.00 220.00 30.00 120.00 -60.00 220.00 1. Training Officer $2 -00.00 260.00 Civil Service Certification Assignment Pay Page 5 of 7 Sec. 11 -14. Administration. (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. Sec. 11 -15. Repairing fire lanes for buildings, marking of controlled fire lanes and prohibition prohibiting parking thereon. This section is amended only to change the section numerals as follows: Sec. 11 -10 to Sec. 11 -15. SECTION 11 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 Ordinance No. 10 -3538 c) EMS Division 1. Tach 1— EMT -P or LP 2. Tach 1- EMT Intermediate 3. Tach 11 EMT -P or LP 4. Tach II EMT -I $200.00 0.00 $1-00.00 0.00 $100.00 0.00 50.00 0.00 Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub section, sentence, provision, clause, phrase, or word severable therefrom and the same shall be deemed severable for this purpose. Civil Service Certification Assignment Pay Page 6 of 7 457 458 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 4 day of November, 2010. PASSED AND APPROVED on second reading this 9 day of November, 2010. A EST: Belinda Hinojosa, City S tary Ordinance No. 10 -3538 ham, City anager APPROVED AS TO FORM: �4 Leslie Spear Pear City Attorney IS. ,,G 0 N C. ANDER ON, MAYOR Civil Service Certification Assignment Pay Page 7 of 7