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O-2014-1988 - 11/13/2014 1 ORDINANCE NO. 0-2014-1988 2 3 AN ORDINANCE AMENDING CHAPTER 2, CODE OF ORDINANCES 4 (2010 EDITION), CITY OF ROUND ROCK TEXAS, BY REPEALING 5 SECTIONS 2-77(C); 2-84(C); AND 2-85(C) REGARDING RESPONSE 6 TIME REQUIREMENTS; AMENDING 2-78(E); 2-78(E)(8); AND 2- 7 78(E)(14) REGARDING ASSIGNMENT PAY; AND AMENDING 2-78(F) 8 BY REPEALING RESPONSE TIME REQUIREMENTS AND ADDING A 9 CERTIFICATION AND EDUCATIONAL INCENTIVE PAY PLAN FOR 10 FIREFIGHTERS; REPEALING ALL OTHER ORDINANCES AND 11 PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND 12 PROVIDING FOR A SAVINGS CLAUSE. 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 15 TEXAS: 16 17 I. 18 19 That Chapter 2, Section 2-77, Code of Ordinances (2010 Edition), City of Round Rock, 20 Texas, is hereby amended by repealing (c) to read as follows: 21 Sec. 2-77. Police department. 22 (a) Establishment of police department. 23 (1) The Police Department of the City of Round Rock is hereby created. 24 (2) The director of the department shall be the chief of police who shall be appointed by the 25 city manager. The chief of police shall be a licensed peace officer in the state, or shall 26 obtain said accreditation within a reasonable amount of time of taking the office. 27 (b) Powers and duties of the chief of police. 28 (1) The chief of police, as director of the police department, shall carry out functions of the 29 department relating to public safety, and enforcement of state, federal and local laws. 30 (2) The chief of police shall have supervision and control of the police department, subject to 31 the direction of the city manager. 32 (3) The chief of police shall organize the police department. 33 (4) The chief of police shall promulgate policies, procedures, rules, directives, and orders for 34 the administration of the department, including but not limited to discipline within the 35 department. 36 - --- - - - - - -- - - - - -- - 37 --• - -- - -••- - - ' -- ens, all lirenve sed-police offic- e -• e - - e- -eerg2007, 38 must certify to the chief of police, not later than 120 days after the person's hire date with the city, that he 39 - -•e •- • . - --e e- ••-•-• e - e- •e•• .•• - ,- ••••. - - eonse time location 0112.1404;00314797/ss2 • • • • 1 e •- -• .' - - - -- _.._ - -- - -• --• - ; - - - - ._ -- " - -- - - -- 2 within such '15 minute respo• - •-- --- -• - -- - •on of emple •-- • •- , _ -eject-te 3 dismissal from employment. 4 5 II. 6 7 That Chapter 2, Sections 2-78, Code of Ordinances (2010 Edition), City of Round Rock, 8 Texas, is hereby amended by amending (e)(8) and (e)(14) and by repealing (f) to read as follows: 9 Sec. 2-78. Fire department. 10 (a) Establishment of fire department. 11 (1) The Fire Department of the City of Round Rock is hereby created. 12 (2) The director of the fire department shall be the fire chief who shall be appointed by the 13 city manager. The fire chief shall be a licensed fire fighter and emergency medical 14 technician in the state, or shall obtain said accreditations within a reasonable amount of 15 time of taking the office. The fire chief shall not be a member of the classified service and 16 shall not be under the civil service protection. 17 (b) Powers and duties of the fire chief. 18 (1) The fire chief, as director of the fire department, shall carry out functions of the 19 department relating to public safety, and enforcement of fire prevention, fire inspection, 20 and fire regulation ordinances and state laws. 21 (2) The fire chief shall have supervision and control of the fire department, subject to the 22 direction of the city manager. 23 (3) The fire chief shall organize the fire department. 24 (4) The fire chief shall promulgate policies, procedures, rules, directives, and orders for the 25 administration of the department, including but not limited to discipline within the 26 department. 27 (c) Establishment of appointed position of assistant fire chief. 28 (1) The position of assistant fire chief is hereby created. 29 (2) Such position shall be filled by appointment of the fire chief in accordance with applicable 30 subsections of V.T.C.A., Local Government Code § 143.014. 31 (d) Firefighters civil service classifications and numbers of positions. 32 (1) V.T.C.A., Local Government Code ch. 143, dealing with Municipal Civil Service for 33 firefighters, was implemented effective October 30, 2001. V.T.C.A., Local Government 34 Code § 143.021(a) thereof requires that the city's governing body establish the 35 classifications of all firefighters and prescribe the numbers of positions in each 36 classification. 37 (2) The following civil service classifications are hereby established, and the following 38 numbers of positions in each classification are hereby prescribed: 2 1 Civil Service Classification Number of Positions Assistant fire chief 1 Battalion chief 6 Captain 18 Lieutenant 18 Driver 31 Firefighter 48 I Total 122 2 (e) Assignment pay plan. An assignment pay plan is hereby established for firefighters, and 3 assignment pay under such plan shall be paid in the following amounts and under the following conditions 4 as established by the fire department or by city ordinance. The maximum number of assignment pay 5 areas allowed for any firefighter not participating as a FRAP team member is two, with the exception of 6 any firefighter assigned to a technical rescue or a hazmat station. The maximum number of assignment 7 pay areas for FRAP personnel and for non-FRAP personnel assigned to a technical rescue or a hazmat 8 station, is three. 9 (1) Technical rescue personnel. The amount of $75.00 per month shall be paid to persons 10 assigned to a specialized technical rescue team which performs technical rescues, i.e., 11 confined space rescue, heavy rescue, high angle rope rescue, swift water rescue, and 12 trench rescue. A technical rescue technician assigned to the technical rescue response 13 station shall be paid an additional $75.00 per month. 14 (2) Technical rescue team supervisor. The amount of $250.00 per month shall be paid to a 15 person who supervises the technical rescue team. In addition to having a mastery of the 16 specialized team training, the technical rescue team supervisor manages all three work 17 shifts, coordinates with outside vendors, and administers all programs dealing with 18 delivery of a comprehensive training and professional development program 19 encompassing technical rescue team goals and objectives. 20 (3) Hazardous materials personnel. The amount of $75.00 per month shall be paid to 21 persons assigned to a specialized hazardous materials response team which identifies, 22 stabilizes, and mitigates the community's exposure to hazardous chemicals. A hazardous 23 materials technician assigned to a hazardous materials response station shall be paid an 24 additional $75.00 per month. 25 (4) Hazardous materials response team supervisor. The amount of$250.00 per month shall 26 be paid to a person who supervises the hazardous materials team. In addition to being 27 certified as a hazardous materials technician and having a mastery of the specialized 28 team training, the hazardous materials response team supervisor manages all three work 29 shifts, coordinates with outside vendors, and administers all programs dealing with 3 1 delivery of a comprehensive training and professional development program 2 encompassing hazardous materials team goals and objectives. 3 (5) Air management personnel. The amount of $75.00 per month shall be paid to persons 4 assigned to a specialized air management team which repairs, maintains, and annually 5 tests self-contained breathing apparatus in accordance with NIOSH and NFPA 6 standards. 7 (6) First responder advanced provider(FRAP) personnel. The amount of$100.00 per month 8 shall be paid to persons specially trained in medical advanced life support skills and 9 assigned to a specialized first responder advanced provider (FRAP) team, upon 10 assignment by the medical director into the FRAP-credentialing process. The amount of 11 $200.00 per month shall be paid to FRAP team members upon being FRAP-credentialed 12 by the medical director. The amount of$300.00 per month shall be paid to persons upon 13 the completion of one year as a credentialed FRAP team member. FRAP team members, 14 composed of paramedics and intermediates, are credentialed by the medical director to 15 use specialized equipment to perform advanced medical intervention on those requiring 16 hospital care related to medical and trauma emergencies. Paramedics and intermediates 17 who are not participating as FRAP team members shall not receive assignment pay. 18 (7) Emergency medical coordinator. The amount of $300.00 per month shall be paid to a 19 person serving as emergency medical services coordinator. The emergency medical 20 coordinator coordinates with state, county, and local entities and vendors; administers 21 FRAP programs, first responder organization (FRO) programs, and all programs 22 associated with delivery of a comprehensive fire-based FRAP/FRO program including 23 emergency medical training and professional development programs encompassing 24 emergency medical services training, and health and safety programs. 25 (8) Fire inspectors. The amount of$100.00 per--month shall be paid to a person-whe-fu ilL 26 the assignment of fire inspector I, and the amount of$300.00 per month shall be paid to a 27 more experienced person who fulfills the assignment of fire inspector II. These individuals 28 assists the battalion chief of prevention (fire marshal) coordinate and conduct fire and life 29 safety inspections in occupancies within the city, performs building plan reviews for new 30 construction, enforces fire codes, issue citations, and develops and maintains written 31 records of all fire code violations. 32 (9) Arson investigators. The amount of$75.00 per month shall be paid to a person assigned 33 to a specialized arson investigation team certified by the Texas Commission of Fire 34 Protection as an arson investigator. 35 (10) Battalion chief of prevention (fire marshal). The amount of $300.00 per month shall be 36 paid to the battalion chief of prevention (fire marshal) who supervises fire inspectors and 37 arson investigators, coordinates with outside vendors, and administers all programs 38 dealing with delivery of a comprehensive fire prevention and fire safety and education 39 program encompassing annual inspections, performs plan reviews for new construction, 40 enforces fire codes, issues citations, and maintains required records and forms. 4 1 (11) Training specialist. The amount of $300.00 per month shall be paid to a person who 2 assists the battalion chief of training with the delivery of a comprehensive fire-based 3 training and professional development program, encompassing hazardous materials 4 training, health and safety programs, and fire suppression methods. 5 (12) Training officer. The amount of $300.00 per month shall be paid to the battalion chief of 6 training who supervises training specialists and the emergency medical coordinator, 7 coordinates with outside vendors, and administers all programs dealing with delivery of a 8 comprehensive training and professional development program encompassing 9 emergency medical services training, fire-based training, health and safety programs, 10 and fire suppression methods. 11 (13) Bilingual support team personnel. The amount of $100.00 per month shall be paid to 12 members of a team composed of persons who are working on developing fluency in 13 conversational Spanish and who successfully pass an annual level 1 examination in this 14 area, and such team members shall handle Spanish translation responsibilities on 15 assigned shifts. The amount of $200.00 per month shall be paid to members of a team 16 composed of persons who speak conversational Spanish and who successfully pass an 17 annual level 2 fluency examination, and such team members shall handle Spanish 18 translation responsibilities as an essential function of their employment with the city. The 19 battalion chief of training shall be responsible for maintaining an up-to-date roster of fire 20 department bilingual support team personnel, scheduling the annual level 1 and level 2 21 examinations, and notifying the director of human resources of test outcomes and 22 eligibility of persons to receive such assignment pay. 23 (14) Special projects personnel. The amount of $300.00 per month shall be paid to a person 24 who is assigned by the fire chief to perform special projects. Assignment pay for such 25 I projects that last for less than 30 days shall be prorated at a rate of $-1-8,75$1.875 per 26 hour. 27 (15) Emergency preparedness coordinator. The amount of$300.00 per month shall be paid to 28 a person who serves as the city's emergency preparedness coordinator. The emergency 29 management coordinator coordinates emergency preparedness issues with federal, 30 state, county, and local officials, maintains the city's emergency operations plan, trains 31 city personnel in emergency preparedness roles, exercises the city's emergency plan and 32 conducts drills pursuant to federal and state mandates, and has primary responsibility for 33 the city's preparedness to respond, mitigate, and recover from natural and manmade 34 disasters. This person coordinates with outside vendors, and administers all programs 35 dealing with delivery of a comprehensive training and professional development program 36 encompassing emergency preparedness. 37 (f) Response time requirements. In response t^ t e ^;+„'s ^e-e - - • - - • - .g-11-teFs 38 readily available for emergency situations, all certified fire fighters hired on or after September 21, 39 2007, must certify to the fire chief, not later than 120 days after the person's hire date with the 40 e4ty—tit-he resid- _ e •- •• --, • --d perman-• e - e- •-••- -'n a 15 minute 5 1 2 agrees to continue to reside within such 45 minute response time location for his duration of 3 employment with the city, or be subject to dismissal from empley„me 4 Certification and 4 education incentive pay plan. A certification and education incentive pay plan is hereby 5 established for firefighters, and assignment pay under such plan shall be paid in the following 6 amounts and under the following conditions as established by the fire department or by city 7 ordinance. 8 (1) Certification pay shall be paid as follows: (i) intermediate shall be paid at a rate of$50.00 9 per month; (ii) advanced shall be paid at a rate of $100.00 per month; and (iii) master 10 shall be paid at a rate of$150.00 per month. For a fire department employee to receive 11 certification pay, the employee must (i) be issued a certification by the Texas 12 Commission on Fire Protection or the Texas Department of Health; (ii) attain a level of 13 certification at least one discipline above that which is required for the position held; and 14 (iii) obtain approval of the appropriate compensation level for the certification(s) by the 15 fire chief. The certification pay amounts shall be paid as one cumulative amount based 16 upon the highest certification. A fire department employee who holds an intermediate 17 certificate shall receive $50.00 per month; a fire department employee who holds an 18 advanced certificate shall receive a cumulative amount of $150.00 per month; and a fire 19 department employee who holds a master shall receive a cumulative amount of$300.00. 20 (2) Education incentive pay shall be paid as follows: (i) the amount of $125.00 per month 21 shall be paid to fire department employees holding an associate's degree from an 22 accredited college or university; (ii) the amount of$240.00 per month shall be paid to fire 23 department employees holding a bachelor's degree from an accredited university; (iii) the 24 amount of $320.00 per month shall be paid to fire department employees holding a 25 master's degree form an accredited college or university. A fire department employee 26 with a minimum of sixty (60) hours from an accredited college or university, but without 27 an associate's, bachelor's, or master's degree, who has received education incentive pay 28 on or before November 6, 2014 shall continue receiving the amount of $125.00 in 29 education incentive pay, as if the employee held an associate degree. 30 31 (g) Access to V.T.C.A., Local Government Code§ 143.089(g) file. 32 (1) Access to a firefighter's otherwise confidential V.T.C.A., Local Government Code § 33 143.089(g) file is an inherent right, in their official capacities, of the city council, the city 34 manager, and the director of firefighters' civil service. 35 (2) In addition to those persons listed in subsection (g)(1) of this section, access to a 36 firefighter's otherwise confidential V.T.C.A., Local Government Code § 143.089(g) file 37 shall be specifically granted to the department head of the fire department, the city 38 attorney, and outside attorneys retained by the city. 39 40 6 1 2 3 4 III. 5 6 That Chapter 2, Section 2-84, Code of Ordinances (2010 Edition), City of Round Rock, 7 Texas, is hereby amended by repealing (c) to read as follows: 8 Sec. 2-84. Utilities and environmental services department. 9 (a) Establishment of utilities and environmental services department. 10 (1) The utilities and environmental services department of the city is hereby created. 11 (2) The head of the department shall be the director of utilities and environmental services, 12 who shall be appointed by the city manager. 13 (b) Powers and duties of the director of utilities and environmental services. 14 (1) The director of utilities and environmental services shall plan, direct, and review the 15 functions of the department, including but not limited to the following: Water and 16 wastewater line maintenance and repair, plant operations, inflow and infiltration section, 17 utility support section, solid waste services, drainage utility, laboratory services, industrial 18 pre-treatment, and household hazardous waste services. 19 (2) The director of utilities and environmental services shall have supervision and control of 20 the department, subject to the direction of the city manager. 21 (3) The director of utilities and environmental services shall organize the department. 22 (4) The director of utilities and environmental services shall promulgate policies, procedures, 23 rules, directives, and orders for the administration of the department, including but not 24 limited to discipline within the department. 25 - --- - _ - ._. - __ - _ •- _' ---- - - _ • _- _ -__ . - department 27 -_ - e -•- --- , " , - - - -e e ee - - •- - -- - - - •• •- - - - •--- - 28 s- - - --- - •- - -- - - - •• - -^e -• ' e•••-• - -• •ces, not later than 120 days after 29 the person's hire date with the city, that he resides and has his true, fixed and permanent principal home 30 within a 15 minute response time—lecatie• e •- ' e- •- - -e -••- ---cy operations center; and 31 further that he agrees to continue to reside within such 45 minute response time location for his duration 32 of emple ••-- • .- , er-be subject to dismissal from employment. 33 34 IV. 35 36 That Chapter 2, Section 2-85, Code of Ordinances (2010 Edition), City of Round Rock, 37 Texas, is hereby amended by repealing (c) to read as follows: 7 1 2 Sec. 2-85.Transportation department. 3 (a) Establishment of transportation department. 4 (1) The transportation department of the city is hereby created. 5 (2) The head of the department shall be the director of transportation who shall be appointed 6 by the city manager. 7 8 (b) Powers and duties of the director of transportation. 9 (1) The director of transportation shall plan, direct, and review all functions and operations of 10 the department, including but not limited to the following: Transportation engineering; 11 traffic operations; street maintenance and repair; and city shop; development of short and 12 long range plans and implementation of department goals and objectives. 13 (2) The director of transportation shall have supervision and control of the department, 14 subject to the direction of the city manager. 15 (3) The director of transportation shall organize the department. 16 (4) The director of transportation shall promulgate policies, procedures, rules, directives, and 17 orders for the administration of the department, including but not limited to discipline 18 within the department. 19 (5) Subject to the approval of the city manager, the director of transportation shall appoint an 20 individual to hold the position of the city engineer. The city engineer shall be a registered 21 professional engineer in the State of Texas. 22 (c) Response time rcquiromonts. In response to he Git ne- 23 - -. -- • e -••- e- - • -- •-• , - e• *••• •- - e-' - 'on department hired on or after 24 October 1, 2007, which are required to do so by the director of transportation must certify to the director 25 of transportation, not later than 120 days after the person's hire date with th- , •- •- - •e- -•* - 26 -• -- - - -- • - -• - - -- - ._ . . . . . .. . . . .. . --- - - 27 designated emergency operations center; and further that he agrees to continu- e - •-- • ••• --• 4- 29 employment. 30 31 V. 32 33 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are 34 expressly repealed. 35 B. The invalidity of any section or provision of this ordinance shall not invalidate 36 other sections or provisions thereof. 8 1 C. The City Council hereby finds and declares that written notice of the date, hour, 2 place and subject of the meeting at which this ordinance was adopted was posted and that such 3 meeting was open to the public as required by law at all times during which this ordinance and 4 the subject matter hereof were discussed, considered and formally acted upon, all as required by 5 the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 6 Alternative 1. 7 By motion duly made, seconded and passed with an affirmative vote of all the Council 8 members present, the requirement for reading this ordinance on two separate days was dispensed 9 with. 10 READ, PASSED, and ADOPTED on first reading this I -J / day of 11 _ NI5VJtVIC"V ' , 2014. 12 Alternative 2. 13 READ and APPROVED on first reading this the day of , 14 2014. 15 READ, APPROVED and ADOPTED on second reading this the day of 16 , 2014. 1701P/ A-'"------. 18 19 ALAN MCGRAW, Mayor 20 City of Round Rock, Texas 21 22 ATTEST: 23 - gu- 24 AO - i� 25 SARA L. WHITE, City Clerk 26 27 9