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HomeMy WebLinkAbout07-11-1995 • w ,r t, I i CITY COUNCIL AGENDA PACKET 7-11-95 i i • 1 • • ~o~~ oaf 4". 40 CITY OF DENTONNDCITY COUNCIL W July 11, 1995 Dhl --L~~ .-.~la.J Closed Meeting of the City of Denton City Council on Tuesday, July 11, 1995 at 5:15 p,m, in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO ! CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS I LEGALLY PERMISSIBLE, ` 5115 p. in, 1 1, Closed Meeting: A. Legal Matters Under TEX, GOVT CODE Sec, 551,071 1, Discuss the potential litigation concerning the request to rezone 3.73 acres on the south side of I-35E and Lindsey Street from SF-7 to Commercial zoning, B. Real Estate Under TEX. GOVT CODE. Sec, 551.072 1. Discuss the acquisition of property for expansion of the City's landfill, C. Personnel/Board Appointments Under TEX, GOVT CODE Sec, 551.074 Special Called Meeting of the City of Denton City Council on Tuesday, July 11, 1995 at 6:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following item will be ronsideredl 1. Consider nominations/appointments to city of Denton Boards/Commissions. 2. Consider and take action to suspend the Council Rules of Procedure and to reconsider a motion to request the City Planning and Zoning Commission to initiate the rezoning of 3,753 acres on the south aide of I-35E and Lindsey Street from • SF-7 zoning to Office zoning with the condition of no motel or hotel use and any other conditions which the Planning and Zoning Commission deems necessary, 3. Consider adoption of an ordinance authorizing the payment ei actual damages, court costs, and attorneys' fees awarded against a councilmember, committee or board member, officer, ® or employee of the City of Denton, Texas resulting from an act • • or omission of that employee in the course or scope of his employment for the city which arises from a cause of action for negligence, in accordance with the terms and conditions of this ordinance, I w 0 • • City of Denton City Council Agenda 4" NO July 11, 1995 Page 2 Work Session of the City of Denton City Council on Tuesday, July 11, 1995 in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a work session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by city Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are no`, allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City council, prior to the beginning of the session, a written report regarding the c'.tizen's opinion on the matter being explored. Should t,e Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report definin't the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings, 1. Receive a report from the Historic Landmark Commission concerning the Historic Resources Inventory. 2. Presentation and discussion of the 199!-96 major budget issueu report. 3. Receive a report, hold a discussion and give staff direction • concerning Chapter 143 of the Texas Local Government. Code, the State Civil Service Law that applies to sworn City of Denton police officers and fire fighters. 4. Receive a report, hold a discussion and give staff direction concerning retaining a Health Insurance consultant to provide actuarial expertise and assistance in negotiations and • rebidding of the city's Group Health Insurance Program • • covering City employees and dependents. 5. Receive a report regarding an update on actions taken during the 74th Legislative Session. 6. Receive a report and give staff direction regarding a citizen survey. • p • w f City of Denton City Council Agenda ENO, July 11, 1995 Page 3 141F C E R T I F I C A T E I certify that the above notice of :neetin was Y g posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1995 at o'clock (a.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMFRICANS WITH DISABILITIES ACT. THE CITY WILI, PROVIDE SIG.I LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCH,ir)ULRD THROUGH THE CITY SECRETARY'S OFFICE. ACCO0295 1 • • c., • r JX= c CITY COUNCIL r c A. a ~ • . o ~ w e r C ~LLIAIMLPfll . o i f 7 lS BOARD/COMMISSION NOMINATIONS 1995-96 I ~IRpORT ADVI80AY BOARD Dist CURRENT MEMBBR NOMINATICN TBBM COUNCIL *1 Terry Garland Hal Jackson 1993-95 Young *2 George Gilkeson Rick Woolfolk 1993-95 Krueger *6 Mike Stephens Mike Stephens 1993-95 Brock ANIMAL BHELTLR ADVISORY BOARb DIET ORRENT MEMBER PL4.M3 ATION TEEM COUNCIL 7 Mike Alexander Bob Rohr 1993-95 Mayor 1 Nonie Kull Brenda Sherpell 1993-95 Young *3 Steve Meyerdirk Lynn Stucky 1993-95 Biles *4 Joseph Portugal Veronica Rolen 1993-95 Cott BOARD 0F- ADJUSTMENT VM ~Z NT MEMBBR NOMINATION COUNCIL *6 Rachel Mays Rachel Mays 1993-95 Brock *7 Bill Colville Bill Collville 1993-95 Mayor *1 L. A. Wilkerson Ed Terry 1993-95 Young BUILDING IQ D"9". MT CURRENT M,'MBE~ X MINA Ion URM COUNCIL . *1 (Ed Owens) (Willie Hudspeth) 1993-95 Young (General Contraotor) *2 (Nicholas Easea) (Nicholas Eassa) 1993-95 Krueger (Nngineer) * Individual nominated and approved No * individual nominated but not approved No nomination { ) Specialization required as • apIMfANo~~ Qete CABLE TV ADVISORY DOM pIST CURRENT MEMBU ROINATION m RM COUNCIL I *7 John Kuiper John Kuiper 1992-95 Mayor *1 Candice Liepa Dessie Johnson 1992-95 Young *6 Susan McGuire Candice Liepa 1992-95 Brook COMMUNITY DEVELOPMENT ADVISORY CO ITTEE DIST CURRENT MEMBER NOINATION TIM COUNCIL *1 Peggy Norton Nathaniel Johnson 1993-95 Young *2 Lisa Polack Lisa Polack 1993-95 Krueger *a James McDade James McDade 1993-95 Cott *6 Jack Weir Roberta Donsbacb 1993-95 Rrock DATA PROCE88I11G ADVI80RY 80ARA Dia CURRENT MEMBER NQMINATIO TY M COUNCIL *7 Don Edwards Don Edwards 1993-95 Mayor *1 Gene Luster Anthony Hudspeth 1993-95 Young DOMNTOMNA VISORY BOAR =T QURRENT klEMME NOMINATION TF~S COUNCIL 5 Kent Baxter Dan Martin 1993••95 Miller *6 Don Davis Don Davis 1993-95 Brock *7 Teri Rheault Teri Rheault 1993-95 Mayor • *1 Pat Will Bernice Wilson 1993-95 Young *2 Don Hill Don Hill 1993-95 Krueger *1 Bill Thomas Bill Thomas 1993-95 Young * individual nominated and approved 0 No J:ndividual nominated but not approved _ No nomination ( j specialization required i • • 1 +pehduNO~... - - ELECTRICAL CODE SOARD AIST CURRENT MEMBER LIQ Qfi TERK 91UNCIL I *2 (Stuart Cawthon) ( 1993-95 Krueger (Lic. Master electrician) *7 Fred G. Read Fred Reed 1993-95 Mayor *5 (Terry Schertz) (Terry Schertz) 1993-95 Miller (Bldg, contractor) 6 (Trenton Williams) 1993-95 Brook (Electrical Engineer) HISTORIC LANDMARK COMMINNIOl1 DIST CURRENT MEX$ NOMINATION MEM COUNCIL *2 (Judith Abbott) (Bryan Briscoe) 1993-95 Krueger (Real Property owner) *4 Bullitt Lowry Bullitt Lowry 1993-95 Cott *5 Suzanne Byron Suzanne Byron 1993-95 Miller *6 (Mark Morki) (Mark Merki) 1993-95 Brock (CPA) *1 Rita Holcomb Charlye Heggins 1993-95 Young *3 (Alan Smart) (Alan Smart) 1993-95 Biles (Denton Co Bar Assoc) HUMAN 8L"RVIQ)SO CQMMITTEM PAST CURRENT, MEMBER NOMINATION TERM COUNCIL W391ey H. Stewart Wesley Stewart 1993-95 Cott *5 Catherine Bell Catherine Bell 1993-95 Miller • *1 Ed Smith Sandra Cross 1993-95 Young *3 Larry Nicholson Rory Davenport 1993-95 Biles *5 Carol Riddlesperger Carol Riddlesperger 1993-95 Miller *6 Victor DeSantis Ramiro Valdez 1993-95 Brook *7 Mary Morimoto Mary Morimoto 1993-95 Mayor * Individual nominated and approved No * Individual nr(ainated but not approved J No nomination ( ) Specialization required w • ~gendalE XEIP DENTON BEAUTIFUL BOARD DIST 9VRB.ENT MEMBER NOMINATION TEBM COUNCIL *2 Judy Smith Frenchy Rheault 1993-95 Krueger *3 Jane Powell Cresha Samford Beattie 1993-95 Biles *4 Doug Ebersole Doug Ebersole 1993-95 Cott *5 Jean Ross Jean Ross 1993-95 Miller *1 Herman Wesley Rev. L. E. Lawson 1993-95 Young 2 Martha Len Nelson Robert Gentile 1993-95 Krueger LIBRARX BQMD DIST CURRENT MEMBER NOMINATION TEBM COUNCIL *5 Linnie McAdams Linnie McAdams 1993-95 Miller *6 Jean Greenlaw Jean Greenlaw 1993-95 Brook *3 Dorothy Minter LaKisha cravens 1993-95 Young 2 Alexander Finlay 1993-95 Krueger PARKS AND RZOREATIQN-IDW DIST CU RENT MEMBER NOMINATIO TEBM COUNCIL *5 Doug Chadwick Doug Chadwick 1993-95 Miller *6 Burkley Harkless Burkley Harkless 1993-95 Brook *1 Net& Stallings Gwendolyn Carter 1993-95 Young I 1 • j * individual nominated and approved ! No * Individual nominated but not approved No nomination { ) Specialization required E ! 'r J\~'%f•. r r tl fr',;Y l}tt • • ~gerrlaMo, - - PLANNING AND 30t1IN0 COM18910 Vitt DM CURRENT MEMBER NOMINATION TEBM COUNCIL f *4 Pichard Cooper Rudy Moreno 1993-95 Cott *7 Barbara Russell Barbara Russell 1993-95 Mayor 1 Mary Evelyn Huep Guy Jones 1993-95 Young 2 Dick Norton Bob Powell 1993-95 Krueger PLUMBINg AND.MECHANICAji COPS BOARD D U QURRENT MEMBER N0113NATION TERM COUNCIL *3 (Jerry Porter) (Frank Cunningham) 1993-95 Biles (Lic. Master Plumber) *4 (Karl Martino) (Karl Martino) 1993-95 Cott (Layman) 7 (Ted Lewellen) 1993-95 Mayor (Mechanical Engineer) *2 (Dave Reynolds) (Dave Reynolds) 1993-95 Krueger (Lic. Master Plumber) PUBLIO UTILITIES BOARD j DIST CURRENT MEMBER NOMINATION T'= COUNCIL { *3 Lillis Clark Dick Norton 1991-95 Biles *4 Bob Coplen Bob Coplen 1991-95 Cott Q9N BOMD OF, APPEALS DI.&T CURRENT MEMBE8 NOMINATION T= COUNCI • 2 Gene Gumfory Eldon Seaton 1993-95 Krueger *4 Cliff Reding John Weber 1993-95 Cott 5 Tony Soto (Alt) 1993-95 Miller *G Dena Fairfield Mark Chew 1993-95 Brook ® , • * Individual nominated and approved No * Individual nominated but not approved No nomination ( j Specialization roquired • • 3 TRAFFIC SAPETY CQUM.IO i DI9T CURRENT MEMBE NOMTPI9TI911 sFBM COUNCIL *3 Carolyn Bacon Carolyn Bacon 1993-95 Biles *4 Kathleen Singleton Harry Phillips 1993-95 Cott *5 Brenda Minnis Brenda Minnie 1993-95 Miller *7 Alice Gore Jim Hobdy 1993-95 Mayor fi CIVIL BXMICE CONMIBBYON I CURRENT MEMBER NOMINATION TERM *1 Jana Bates Jana Bates 1992-95 Harrell DENTON HOUBINC AUTHORITY BEAT CURRENT MEMS$ NOMINATION TERM 3 George Hubbard 1993-95 Mayor 1 4 Warren Whitson Warren Whitson 1993-95 Mayor i 5 Vicki Hill Vicki Hill 1993-95 Mayor TXPA., BOARD OF DIRZQTORS ,DEBT ~(JRRENT MEMBER NOMINATION *0 Bill Giese Bill Giese 1993-95 Council ACCO0128 • • * Individual nominated and approved No * Individual nominated but not approved No nomination ( ) Specialization required Ii G.~ • s c< sl.r. :r M, R rr R<4.OY.'. •rCY' ri::Ga.'. •I N RJ41 I Y< W 1 J tIJ U fM I LYL4 t % • 949 Y\ IFf! ♦it! 4 t'..1' Lt\ttlt ltt'-41' it %tl)1 114tt1' ttt4t\' itttt' kl tt' 1Att' tz~~• lytl 1 <s.\• rI l1tJ' !'LJ' flt. i f re A A ' N' ~ • O i I i 1 R,\NPDOC8\ORD\IX DER.EMP 4pMd~Mo MAR ORDINANCE NO, AN ORDINANCE AUTHORIZING fHE PAYMENT OF ACTUAL DAMAGES, COURT COSTS, AND ATTORNEYS' FEES AWARDED AGAINST A COUNCILMEMBER, COMMITTEE OR BOARD ;aEMBER, OFFICER, OR EMPLOYEE OF THE CITY OF DENTON, TEXAS RESULTING FROM AN ACT OR OMISSION OF THAT EMPLOYEE IN THE COURSE OR SCOPE OF HIS OR HER EMPLOYMENT WHICH ARISES FROM A CAUSE OF ACTION FOR NEGLIGENCE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCEt AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102 of the Texas Civil Practices and Remedies Code, Vernon's Annotated Civil Statutes ("Code"), authorizes a local government, such as the City of Denton, to pay actual damages, court costs, and attorneys' fees awarded against an employee of the local government, if the damages: (1) result from an act or omission of the employee in the course and scope of his or her employment for the City, and (2) arise from a cause of action for negligence) and WHEREAS, the definition of "employee" under Sec, 102,001 of the Code includes all city councilmembers, members of all city boards and committees, and all officers and employees of the city/ and WHEREAS, the City Council hue determined that it is in the public interest to adopt such a policy of paying damages because it encourages public service and enables recruitment and retention of qualified public employeest NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ;SECTION I. That the City of Denton shall pay actual damages, court costs, and attorneys' fees awarded against any City Council- member, City board or commission member, or other officer or employee of the City, to the extent such damages are not covered under an insurance contract or self-insurance program of the City authorized by statute, for damages resulting from an act or omission of an employee acting in the course and scope of his or her employment for the City; and which ariseQ from a cause of action for negligence. SEQTIDN 11, That the City of Denton shall never pay damages awarded against an employee that arise from a cause of action for official misconduct, or arise from a cause of action involving a A wilful or wrongful act. or omission, or an art or omission consti- w + tutJng gross negligence. The payments under this ordinance by the City may not exceed One Hundred Thousand Dollars ($100,000,00) to / any one person, or Three Hundred Thousand Dollars ($300,000.00) for any single occurrence, in the case of personal injury or deaths or Ten Thousand Dollars ($10,000.00) for a single occurrence for property damage. SECTIO14 Iii. That the City hereby agrees to provide legal counsel to represent any defendant for whom the City may pay damages under this ordinance. The legal counsel provided by the City may be the City Attorney, or any member of the City Attorney's staff, or the City's regularly employed counsel, unless there is a potential conflict of interest between the City and the defendant, in which case, the City shall employ other legal counsel to defend the suit, Any legal counsel provided under this section may settle the portion of the suit that may result in the payment of damages by the City under this ordinance with approval of the City Council. i SECTION IV. That nothing herein shall waive any defenses which are available to the City or the officer or employee under the Tort Claims Act or any other applicable laws, including, without limitation, the limitations on governmental officers, and employees' liability on an amount of recoverable damages as set forth in the Tort Claims Act and Chapters 102 through 104 of the Code, as those laws may now read or may be amended in the future. Nothing contained in this ordinance shall create any rights on behalf of third parties who are not officers or employees of the City of Denton. SECTION V. That this ordinance shall become effective j immediately upon its passage and approval. 11I PASSED AND Ar. ROVED this the day of , 1995, 1 BOB C TLESERRY, MAYOR ATTE'JT t JENNIFER WALTERS, CITY SECRETARY O BYi APPROVED AS TO LEGAL FORMi HERBERT L. PROMY, CITY ATTORNEY HYi PAC. 2 yV~kA • I- ~ • , 4gentlal i CHAPTER 102, TORT CLAIMS PAYLIENTS BY LOCAL GOVERNMENTS Section 102,001, AefinitionB. 102,002. Payment of Certain Tort Claims. 102.003. itfaslmuln Payments. 102,004, Defense Counsel, 102.005, Security for Court Cents Not Required. 102.000. Other laws Not Affected, 1.Ibrery Werenees Colleges and Universllies a+5. C,J.9. Countfes Of 210 to 221. Counlles 40141 to 146. C.J.9, Municipal Corlwntlons ¢ 748 et Municipal CnrlwrMlons m723 el seq, seq. Schools s+89 to 84.18. C.J.S. Schools and School Dlstrtcls Towns 3.4fi. 4¢ 153, 320 to 922, C.J.S. Culleges and Universities it 0, 16, C. IS. Towns 1 112. § 102.001. Definitions In this chapter: (1) "Employee" includes an officer or employee, a former officer or i employee, and the estate of an officer or omployee or former officer or !1 employee of a local government, (2) "Local government" means a county, city, town, special purpose district, and any other political subdivision of the state. Revisor's Note i A formal definition of ")Deal government" is added to avoid the 1 y repetition of "county, city, town, Bpeclal purpose dlstriet, or any other p political subdivision." Historical Note l f Prior l.awi Vernon's Ann.Cir.:?t. srt, 6252-I9b, if 1, Acts 1070, 00th Leg., p. 1830, ch. 744, 2(a). If 1, AM. 102,002. Payment of Certain Tort Cialtm • [ (a) A local government may pay actual damages awarded against an ' • employee of the local government if the damages, (1) result from an act or omission of the employee in the course and scope of his employment for the local government; and (2) arise from a cause of action for negligence, 540 • • ABentlallAm . - I fete TORTS; PAYMENTS BY LOCAL GOVERNMENTS § 102.004 Ch, 102 (b) The local government may also pay the court costs and attorney's J fees awnrded against an employee for whom the local government may pay damag-s under this section, (c) A local government may not pay damages nwarded against an employee that: (1) atise from a cause of action for official misconduct; or (2) rise from a cause of action involving a wilful or wrongful act or omission or an act or omission constituting gross negligence. (d) A local government may not pay damages awarded against an employee to the extent the damages are recoverable under an insurance contract or a self-insurance plan authorized by statute. Nielorleal Note i1 Prior Laws Acts 1070, 08th Us., p. 1810, ch, 744, 4 2. Vmvon's Aun.Civ.81, art. 6262-19b, ¢ 2, Notes of Otolstons 1. Carta ntake and if lawsuit arose out of actions Vernon'. AnnXIV L art. 6262-101h (re taken by district attorney In performance of pealed; i ,v, this chapter) dId not permit his public dudes; however, neither the 1 7 county to tiny court costs Incurred by din county nor the slate Is required by law to (riot attorney In defending In~unetton salt Pa the district attorney's court costa and r arising out of dislrlrt altaruey s Intentional filing fees. Op.Atty,Oen.1080, No. MW- r restrlelton on access of newspaper publish- 262. I or to officlal news sources In district attor• Vernon's Ann.Cly St. art. 6262-10b Ire. 1 IN. office. Op.Atty.Gen.1080, No. MW- healed; now, (hie chapter(, aulhorlaing a it . county to pay certain damages, costa, and 11 otler Gountyyyyyy has the authority to its), attorney fees adjudged against a county [ g court coats adJudged against the distrlet officiul, was not applleable to a suit based attorney and titling fees advanced by him in on a failure of the county official to tax or connection with a lawsuit agslnrt him If the collect court coats for the stale. Op.Atty. 41 county reasonably Iwllavee Its Inloroal is at Gen, 1084, No. JM-161, r § 102.003. Maximum Payments Payments under this chapter by a local government may not exceed I i $100,000 to any one person or R.100,000 for any ~!ngl- ncenrrence in the case of persoaat injury or ch or $10,000 fir a sing.- Ice of ~ property damage. Historical Note i~ Prior laws Vernon's Ann,Civ.St. art, 0262-10b, Acts 1070, 00th Leg., p. 1830, ch. 144, 1 2(b). 4 21b1. • § 102.004. Defense Counsel ' • (a) A local government may provide legal counsel to represent a defendant for whom the local government may pay damages under this 11 641 s 1 ) • Oki • • § 102.004 GOVERNMENTAL LIABIIATY fS t chapter. The counsel provided by the local government may be the local f government's regularly employed counsel, unless there Is a potential may government employ other t legal defendant. counsel to case the interest local between rnthe n government local which conflict defend the suit, govern- ( lkgal counsel result in the payment of damages bytthetlocaloa suit, that may y ment under this chapter. Hlslorical Note Prior Lawr Vernons Ann.Civ.SL art. 9262-19b, Acts 1979, 99111 Leg„ p. 1830, cll. 744, 4 3(a), (b). ¢ 3(a), lb). § 102,005, Security for Court Costs Not Required In a case defended under this chapter, neither the defendant nor a local government is required to advance security for costs or to give E bond on appeal or writ of error. Historical Note 1 Prior [,owl Vernon's Ann.Civ.St. art. 9262-19b, ~ Acts 1979, 60th I,ag., p. 183o, ch, 744, ¢ 3(c), FF ¢ e(cl 1) Notts of Decisions 1. Appeal bond acts of officers and employees, , sinceexe . to Halt did not apply Sheriff was not precluded from filing au ee6ing access to Information wrongfully • appeal bond on basis of exemption can• and without justification denied them by talned in art. (relwtiled~onow, sihisn chapter) fo62 certain I IAUI) q 964dS~W M 210, ref to e(App l I § 102,000, Other Laws Not Affected I j This chapter does not affect: (1) Chapter 101 of this code (the Texas Tort Claims Act); or (2) a defense, immunity, or jurisdictional bar available to a local government or an employee. Historical Note Prior Laws Vernan'e Ann,Clv.5t, art. 6262-19h, • Acts 1979, 66th lug., p. 1880, ch. 744, 4 alb). ¢ 2Wi Notes of Deelsions I OR based on negligent deprivation of f. I. In general State IIrrismter could not maintain action property wllhaut due process, where er. tinder 0 {vll rights statute (42 V.S.C.A', non's nn.Clv.9t, art. 6262-19b (repealed; 642 f ~.rrdrv•.r e1f.a A4!lYhkiUlMq~y Age P Qti+....~.,......A'w I LIABILITY TORTSt PAYMENTS BY LOCAL GOVERNMENTS § 102,008 Title b Ch. 102 Note I be the local now, this chapter) and Vernonb Ann,Civ.9t. lack of merit of claim, deny relief, prisoner a potential art, 8262-2e Irepealed; sea, new, 4 104.001 could again seek relief under civil rights lefendaht in at seq.) provided him with it remrdy, but if statute, loftln v, Thomas (C.A.1082) 41 I ferment' to slats court should, for any reason except KU M. 1 to portion of Revtsor's Note ocal govern. (End or Chapter) The first sentence of Section 6 of V.A.C.S. Artiste 621iM9b is omitted from the code because it has expired. That sentence reads, "Section 2 1 of this Act shall not be cotwruad to modify or change any policy of ~f . rt. eab2-106, insurance providing coverage to an officer or employee of a political subdivision," Those Insurance pollclea in effect, on the effective date of the Act (June 13, 1979) have expired, See the conforming amendmenta to this code for the dispoeltion of the ; second sentence of Section 6 relating to the State Bard of Insurance ;I promulgating rules and setting rates under V,A,C.S, Article 234210, f! dent nor a or to give ij t ~f I. tl262-IBb, sinco exemp aper's action n wrongfully led them b it Co. (App, n r.e or to a local • I f262-IOb, ' ~ I privation of where Ver. V (repealed; I 848 j r~ I • c> . Agendaiten, :i aov i j ;G'VRRNMSNT LIABILITY Title t $ 108 Title 6 Hobs p Mental unit In claim brought under Tort Clalme age[net governmenbl empbyer for eWm under J} Act to clear te. to pprotest government employee Tort CIll Act based on same aubJect Walter Cone from individual {{abgity for acts or omUleione done white v. Annie (App. 6 MUM) 9618.WV 127, Eme In routes and scope of hie employment when pram- rehearing denied, application for writ of error flied, tiff obtatna judgment or settlement on claim q, 1 4 10LI07. Payment and Collection of Judgment I1 genc Notes of IwIllons daml the d. Interest Act, Texan, Dept, of Tramp, v. Ramming (App, 11 Opt j PoK willwant interest on w Judgm at Npip In D en) ailtlt(iotve a ~ hearing dl aPPll 9. 0 to to nut subject to statulory cap po ty JJrWWon provision 91 StNe Tort CtJma dam CHAPTRR IOL TORT CLAIMS PAYM$NT9 BY LOCAL WVBRN"M 4 l trees Rersleptw C VTQ„ Hi11Gt toftvtitdof"Ist tiaN dWrfet muugemeatooatrfotor,- . InI y ~tuJs~o el W6 A k t~lfety eJ i W,041. ty"-V O A Health W Sr tety, Code,' 6 9Bfi. 1. W4MM A.W 6Jeetfonte 94.0"?* y.I dw gw,wI+.1A~W~ ~dlokapW,.- •.gpldl f411 ~1 4~ toy lowhti NM O/r1ryM I , I I , ~ ; for • 1111.... v.', li 1 d', I~A- ,,I1.1 f ill ~~y 911 I ' !'+J~t91i In (t) lrEmployee" Includles an offtiri VoMtft0*60{i'11 NO6bf,' 14w, or a ; ezoq,byal and the setate of ap omoeer wlunte_JO 'd r1 ~ II Ir 1~~+ 11~kll 111 ''H~ 1 , ~~~tl et a'lpcd J r 7.41 t 'rli'1, rl I Gr I Pr ,,,,''M~I t slid a11y r. www'w" IwWANOW lAtil ~3'PR01/al lNrrr JI of j. 7.V 14, L~ Y IN Iltf I .V. I 'I etatrl I i'i W PP'ill!4tf °11,~ qq~ + 1 111 d,3',? II r' ' , W7, Anl4rideQ y' lea soe~,'Avia l Ilk 6I Jk; s.orl .te ai : I ' t el a All, R3 A0 ",kill ' I..!' 1 IJI ^rl I(i1, Jt IJ'~I il~dl lj~!(1 IJ tl 1111 V'~•tret/rels4 Ira? I;egtslettea N i ~ I I1 1y1 ,y' I l ~ ~ iw I I er ~ . lM~ .,I y i defl h"heltile"'Ond their Iati WAlles In nRtea I' 1 er + a01 ~lel ll: 1 1' ~ r ~ tltOl'ba". 1'.I 1,1 II,'~i 1114!!!'Ibl( i'. 1~ I i ~i~j Tr'j, IM!{ 'rlil}Ikl,{i f..'frr14 !liar ~.ul / J - " 1 Ili I f lur I. 1J1 I~ - ' Oommaity pn u'e'{oeal ``maatMhtlaM i 1i I see V,TI+7A HeaRh d h ' u , dsAw the bel d u 90Ab' Ol 1 WAOh 100 Vvll }'16s.i0t1 fsanstegt tf Cgttaytt~',l~w,t'•Cllthltgl li I ,~I ~I , r I,iI, , I J ,li r 11 ' ® 1 Coll Mi Illfl 1Y 11 1 J 11 1, 1i 1. 1 II:I 11 1 1i Juvspbe probation peraonrul, sae V,T.tl A ~u ; .1 1, 101. teyl Airoartee Coder 4 t120OWW 1i I 194 ' ♦I 'rfilpl'~e.~'11n1QKt~Ji ~~I~y~i kpr4s;s I w • 0 s G, • ,v r ~Y "sl r! v I.4lt"OVI :1,, ' t .il I~ie. ',ik~, vl, r,~ i 1, ~ fill 11}(ln hvJ.1, w~i~i~fi'w`: } A~..,•ri rrrrslF,J%~ h~~',r~4~'11' ?.ik~w I`~ Dale ;OVERNMRNT LIABILMY (;OVX"MRNTAL LUSILMY §,~Qt oo~, 11t1t1 a nut 6 3 ental employer for dal under Notes of IkclelPA' Is bm"I an name aubjert tnatter, Constmetion with other law 3 ap Iowa in Tort Clalw r.c., .1171}OWIlIg (mmpollUoh bi p. 6 DI=t 1838) 8d4 t1,W.Pd l2Tr Emergency community district 2 tort Judgme f {nit eppilestlon for writ of ewer filed. lit entered Jointly and jlvBragy town and employee, did not abrogate towns 1h*W. V limit, notvAt}u+tuWtng other etatutory meseuree 2, Em community af.; in allowbt8 to" to putchale HablIlty Inetteanee and Thk chapter tapter authorizes an crude 141 emer. pay teetaln awards for'eolPloyeeaf Mlterraeamiree tommun(cation nfit aM Coboboard member to d agalrut a fko~ eolut's ahllity to 'I "llbW on em- Y undaler =u awndeA the provided for In thL e} apkr, ploy=s oeparttWY add almplY III Wren to PM Of Tramp. v ng ding (App, Op Atty,lkn, 18l~, No. .1M-1063, vide degree of damW Ilablllty y~t~cfiTog) em W1d err 480, reheating dented apply Ptoye9. Cltnon v. gphil ( Apb 19 Dkt 2 error filed ! CowtedHhnt with other law - A 62Arrel taHng aerru , Nbwine foam ampbyee to'rematn bable for damage= ITnn eueae off IW illty lI Ibt forth for CAI, GOVIICUNM$N~M Ill 102.. AM 14SI UM Y ntr I t r Inv art Ir' . Ndt4e~bY brbbNMa ' ' . , It management eaitarefor, In 1 Hetltth and SAW Cone, 0 a+~`OW&YMIdld pottla"08ItWy~it-daM'w. lpl 1 L.. n I h1l 1 I 1 r 1, In gtlltMt i oil I f I ,,,,r. I.~~ Itam, to rttptlbt,i1~Jiar~tb.M.~.y/~~~,I.a,. ~ d~~1e.~rn• l 1 t'i , , ~ili, ~~•f'•e at^I pN Y111~.~'/Il rrr lavn In Toll CWoat Mt, ofyf et►htg tlon of 0 b /,AOD ril I I rl v!' II', I~ J tdttlYdproaitt entered Jointly and Kaiak. Sld'bR9,` 1'. YJ 1 LIF:, J. 1 1u'71t1{. jl ,n 111 II~]1NIit Y I r 1, I auA,~r,~R~~Go+,,I,WA4~'1~Nt4+IT1,01N'I!'o p$Rgoye VrsONG11~'f~;#.y+" 1~ r ~ II t!hJ1. I, .'I r ally rG Etllt r fr~r.. 1,,9i,j;P(9{I}-li~,~lsj lilt}rl ti,rll fit 'I Et nffxy+~w.,.r.,,. fa" , ~voktutdt'°n i,1-i('l Cj, 4!' ~ltl~;;,~r I~.~,,IdYnlu,yn;dNJ/~l~tirn~rltir.: or 1 'Or jolhg upo l t,l Ilrl' r . )I Jl • i , /I rv l l\t~al~lt 'I ..I~ r l IE r-tdvrt rlltW I}JEI rl li,. ul lr. o,l I-r~ lot ~n :rr[ I I ,in, ~p1 111II'LW ^1n7 µt lo:'~ 1 I Ir r trill .I L. 'U Ir If 'I9 l IYr r . 1 ' 61,71 nl'ltul 7 ~-;dl 1 44 I~p.11 I Lr.l I !I•vt ,rY,a ( -+---rl r I r.1P1 ~t. . fJ~ ,1 'i r r! r r II fJW, II A tAli OaedOn i 1. , . l ,l w•riT 111 / . I Y I I 'I' rr rr e~rta'. <I tlylA~fW °rP~ tr V ! r 1~1, rb''f1 r f t sxfn. gull gf1 Ad 111k rho i of {he 1917 r.b, 4. 1, :•lnq tl Iril ~r. r71.1 ~r1U1' II wt 1p',Il I f ' pt ]r ive aMd~ ',l , ' tp1lApTyR less Etl'ATlC rrlAetial,r~telroR, Y 5r 11 u'1. 1..f111r. ilNlf 1 I „y I ~~';'{~Id~l: 1, e 1 dltikr J io<f} 1h.;.Mrl tl l1 d1,f f1',rllt II 1,~1.; 6Etttttl i II, , Lr I F a 'IW' Id'1 i,n` , jfli IN'f tjW1Q y14'I (040016, bialy 4l41illityt CAfiloal Fir eeop pq' u: 1 t I 1+, la llr, . t ,,r, I d... I f,r ry{'i pn' I rri rl r, n,Jl 1 m I.r, :wNm ~ i I , Y ~I rl"1 911"tl ~IrItJ I, t 1.. ~',~fll~l {,I I Cr01a ltlthtrllltYM'' ~;M1;. i I 11 , ll 1.'911 .i 1 for 4 of datme 1 .T.al pd oattare,i~~a,~~~ wlifft 1 II atn1~ ~1 1 .901 et MlW r aN V V Oe►. fi~11~ 191 IY•Tr {da~hf l IQ07 aM, w.r.tTJ~., B , 1 ~adiNl al~ta atatb In~ta~=a• 1,~1' J.Il~~iy~a lrryl I /Il, llrlitu' 71i ties`}J fir J•(,f',;} ~ ~ 0 I / oonflldadedtnr,eenvTL.tiEatrgtlv6OoM. ~ 'I, Ir '";t'r,,f,,, P'pgrr ell+)l4',1. , r 17!'I r9 'UU, I r ,r , n Illkllr;~ia V,r„+fN9~urlfl,i;i~~l,xi' ~i 1 "11Ig1 gffl P n I IIILItp.nIL 0 O 0 0 r .~yMt µ4 blY" Wit! ~a ttt. `y..t Is 2 H}HY? R'I V'~•~ I M 0 A ~ i 63 S n C ~ i R d • cu • ~IINtMI 11AfM1 411 - DATE.: July 11, 149- CITY COUNCIL RhhORT ru. -cfnyor and Members of the Ci.Ly Couoall PROM: 1.1oyd V. Aaa'r'c i I , Ci Ly MaIlliget' SU19J1?CT Ilisloric Resoaraea Inventory SUMMARY: The Illstoric 1lesor.r1'ce3 Survey of Donlon is a comprehens.ivo irnvent-ory of 2,'109 buildings and structures built, it, Denton before 1845. The report, Summnrlzes 1, 110 survey reSU1lB and OuU.ines recommorrdntI_ona for district: tlominaLlorlS Le Lhe NaCionai Rogister of IIist:orlc Places, Thls is first phase of n two par'I, pro,-,e84. The Ilistaric Lanclmatrlc ('anmiSsiorr will use the inl'ovmat.lon in Lhe survey for presrrvat,ion planning, including a racheduJe for dc•signnt.Inl4 historic districts, Other city dcl?art:ment:a, Such as building inspection, will also find t.ho informact.iorr usoful. The Mein SCreel office has IIIrea(JY loggod ovov 30 phono 0#11 1,q in response to nn arl,ie),e in tine llerrt,on Record-ClrronLcle nr^orninet Lhe irwontory, ['hc IlisLorlc Lnndmarlc Corrmri9Sloll received and necepted thu final report f'rour Lhe conSU11'.ant on July 10, 141416, IIAC KOROl1N D Th i S i m enl,ory 1"" funded in pa^t by n grant throlrgh n CorIified Locari Government grant from the Nat. lonnJ Park Sc rvi co, U. S, llepartmenL of the Interior as ndminisLerer', by the'I'cxcrs Iii4toricnl Commtsslon. I'll oCit,y of Denton match was ! funded I'vom hole I /motel occupancy I;atx reserve funds. PROGRAMS, I)PTARTMNNTS, OR GROUPS AFFxcrpo. Members of tho historic Lnn(finarlc C'onimIssion , owners of • historic prnpert,y gerurral conanurrlty • • , i • 0 , ~I► • .I e AI I 11i"Loric Inventory, page 'L l1P.._W RISGAI, IMPACT: Locally deF0911ated propertLes recel.ve 60% isax abaLemenL of Cily of Den Lon WAxes for a Len year poPlod. It, Is hopex! L.hat L.he inventur,v will reaull'. Ln more locally deel.gnaLed properl;ic+e, bat. Lhe flnancial impact will probably be mij) 11, Ile HpOc II y aubmttted: PPP rerj by: 1,1 yd V, Ilarre,l~.._..-__. CLLy Manager Jet .e Jc n ine 1 4(1%, Lion (JI'I'Jeer Approved: , Rrnnit II. kal!bins, 1CP lirecnflve Direcl.o Planning itnd Development. • 1 r 0 e> 0 IT`Y C COUNCILti c ,A~ yr6 6 { ® f~oM Y~♦ r ~ 0 0 A a • w • AQMd1NQ APO DATE: July 11, 1995 r.. c. CITY COUNCIL REPORT STUDY SESSION TO: Mayor and Members of the City Council FROM: Lloyd Harrell - City Manager SUBJECT: State Civil Service Law (Chapter 143) - Police Officers and Fire Fighters in City of Denton R..EC.WM_ENQAT I ON,: This is a report for the City Council concerning State Civil Service Law (Chapter 143 of the Texas Local Government Code) which governs the employment relationship between csworn police officers and fire fighters in the City of Denton. suMl'ARY The State Civil Service Law is the body of law with applicable provisions passed by the Texas State Legislature in 1947 that governs the employment relationship between police officers and fire fighters. It is applicable only in those cities with populations over 10,000, where a referendum has been placed before the citizens, and a majority of th9 citizens have specifically voted to adopt the provisions of the law. The stated purpose of the law is "to secure efficient fire and police departments composed of capable personnel who are free from political influence and who have permanent employment tenure as public sorvants". The citizens of Denton were presented a referendum for State Civil Service Law and voted to adopt the provisions of the law on April 8, 1948. The City of Denton is one of approximately 70 cities in the state of Texas whose police officers' and fire fighters' employment are governed by the law. • The governing body, (i.e., City Council), is mandated by the law to implainent the provisions of the state law. The chief executive officer, (i.e., City Manager), appoints a three member commission to oversee i,he implementation of the law's provisions. These appointments are confirmed by the City Council. • The Fire Fighters' and Police Officers' Civil Service Commission • is charged with providing local rule;: to carry out the provisions in the state law. It is their duty to rule on and make decisions on employment related mutters, r.uch as classification of jobs, criteria for hiring and promotion, appeal of disciplinary actio,rs, terminations, demotions, promotional passovers, and other issues regarding police officers or fire fighters employment status. The • a, • _ _ lolta No 4gendaltem,.»......._ July 11, 1995 CM Report to City Council - State Civil Service Law Page 2 City Council, on the other hand, has authority on matters such as pay, budgetary items, numbers of positions required to operate the departments, etc. The Civil Service Commission is a quasi- judicial body, meaning it has authority under the law to make rules, issue legally binding orders, make legally binding decisions, and impose decisions in certain situations. Like the City Council and other boards and commissions of the City, the Civil Service Commission is subject to the open meetings and open records laws. A Director of Civil Service is appointed by the Commission to provide staff support and assist the Commission in conducting business properly, timely, and within the law's provisions. The Director also is the liaison between the Commission, Police and Fire Chiefs, and the police officers and fire fighters. The law generally is divided into the following major Sub- Chapters: A. Oq _qr_tA1_ - matters relating to the purpose, adoption and repeal provisions, Commission Implementation, Commission appeal procedures, appointment and removal of Director of Civil Service and Department Heads, and the overall structure, _Clasefic.at_fdonioncJ__AppQintment7bi11ties of each. D• this Sub-Chapter contains ti,e provisions related to applicants for entry into a Police or Fire Department and promotions within these departments: 1. Entrangg B.4-avirw"nts - the provisions of the law related to applicants for open entry level police officer and fire fi,;iter positions, when and how those positions are to be filled, eligibility requirements, providing for open, free, and competitive examinations, how and who makes appointments to entry level positions, and providing for a probationary perie!. • 2. promoticZna_1 ft9puireme,p~s - the provisions that relate to promotions within the police and fire departmonts, providing for eligibility requirements, written examinations, grading, an appeal process for written examinations, and procedures for the respective chiefs to make promotional appointments. • C. Go_mfle lti-I.ti_on_..- the provisions that relate to pay and benefits, salary, assignment and incentive pay alternatives, • • "acting" pay, and accumulation and payment of vacation and sick leave. • 1? J • a~ • 4AetKfaNo Nte July 11, 1995 CM Report to City Council - State Civil Service Law Page 3 D. D_tgpjplI.nary_ Agtior)ip - the provisions that provide for disciplinary suspensions, demotions, terminations, appeals of these actions, and a hearing examiner process. E. t&gyQa_- the provisions that address leaves of absence, military leaves, line of duty injury or illnesses, and reappointment after rocovory, F. Mispel_lanaogl - the provisions that detail physical and mental fitness, involvement in political activities, strike prohibition, personnel records and files, and other miscellaneous matters. Provided as attachments for the Council's review are: 1. Copy of Chapter 143 of the Texas Local Government Code, The law outlined above. 2, July 10, 1992, City Council Report and back-up materials on efforts to attract protected class individuals for the Fire Recruit entrance examination, 2. Summary of the recruitment efforts to attract protected class individuals for l=ire vnd Police entrance examinations. PROGRAM, DEPA_RTMENr, D$ aR0Up3 AIFFU M Civil Service law applies only to sworn police officers and fire fighters within the provisions of Chapter, 143 of the Texas Local Government Code. FISCAL IMPACT,, The Po lice Department and Fire Department present budgets each year to provide funding for operating the respective departments within the provisions of Civil Service law, The Human Resources • Department, providos for the budgeting needs for the Civil Service Commission. Funding for Police Recruit and Fire Recruit recruitment is shared between the Police, Fire, and Human Resources Departments. Funding for the entry level examinations, promotional examinations, application mailing, materials, etc. are budgeted in a separate Finance Miscel'aneous account and admir.A ered by the Human Resources Department. ® • 0 1 . MONO {gentlsi~~~y`` July 11, 1995 CM Aeport to City Council - State Civil Service Law Page 4 The direct Civil Service examination budget for 1994/95 is $21,020. The Human Resources staff time and expenses for administering the Civil Service law and providing staff support to the Civil Service Commission are funded in the baseline Hum~ln Resources Department Budget approved by Council each year. However, it is estimated that approximately 26 - 36% of the Human Resources staff time and budgeted funds are devoted to Police and Fire department issues. Respe u11y submit, ed. L1 yd V. Harrell City Manager Prepared by: a _ 'homas M, K Tnck Director of Human Resources Apv d by: cKe Executive irector of Municipal Services and Economic Development • ccrptplo. tN Pr~pars~f: d/?B/85 i i 1 a , i ,#tRP .r;~r ,sY .-0i~r~A9}~,. 7Att7 (At~,lti :kl a s _ QeMaNo - - ATTACHMENT CHAPTER 143 - TEXAS LOCAL GOVERNMENT CODE (STATE CIVIL SERVICE LAW) i • -00 1 1 I ~ 1 11 y~tl 1 S~ 4 4) 7 • a • ~?erltlaNo.--_ CHAPTER 148. MUNICIPAL CIVIL SERVICE 14$.007. Aetord of Cartifewon and Appppoiofntrnont 141-0, Temporary Dutw in HiOMr Classifkation. SUBCHAPTER A. GENERAL PROVISIONS (Sectlom 14$.030 to 143.010 reeorved for txpwion( iscuoa 148001 P+upoot 14$,01!, SUBCHAPTER C. COMPENSATION 113,004. MuaicipeliWs Covered by Gtup4r. Salary. 143.00. Defhetiena. 14$.012. AAAsssaipamt hr, 148.004, Eledioa u Adopt or R.ptW Chapter. 113.04$. row Trwria0 Otfktr AsAornont Pay. 143.06. Strata of EtaPbyo" it i:luptar Adnptod, 14$.04/. Grwwuoa W Lduatkoal Im"Ji" Pey. 143.000. 11"110 Id tatba Coa+misakft, 143.04$. Aetumistion end Payment of Skb L"w. 148007. Mnwwl of C 0MLabn Member. 14$.010, Veratlar, 113.00. AdWJOA MA PubIlad" of Rules. 14$.017. Shift Dilferwttisl hy. 140", Commisara Inv"tiptlom MW Inspecum. 14010. Cotamraka Appal Procedure, (Soetiorr 14$.04$ to 14$.0N0 nserved for upwion( 143,011. Doebbns end Recor*, I43.012. Direelsr. SUBCHAPTER D. DISCIPLINARY ACTIONS 118.014, Appoiatmest end Roenoval of Depaeerwnt Had. 14$.1111 Catty fir R or &Atnsrn. 118.011. Appofatnwat and Mntewl of Person Cbseukd lat~aed Bsbw Dep D#tISW Nat. 143,43. ai sr $"Raba, 143,016. Appeal of r U i"ka D«rbn to Drake lpp 14$,x, Deeeetlerte. 143.010. Pinsky for Vioutkn of Chepttr' 14$.001. UaaatPeaaayd Ditty of Polite Offbon, I 14$,014, Peosodttr" Ahsr Felony Indirun"t er Mrdt• (S"tWA 143.017 to 143.020 reserved for expww) 14$.067. Hmomw c; *i`L o14 SUBCHAPTER B. CLASSIFICATION (Sectiols 14$AU to 143,010 reserved for ospanafon) AND APPOINTMENT 118.011. Clusilketkn; Eeaadnatba RoQuirenwat. SUBCHAPTER E, LEAVES Id.4ft Phyolal RO"intwnta and tUMIPeOM, 113.011, Lava of 4Atm; Resvietba PtabiblW, 118.0!8. EfiBtEQhy for 4 position, 14$,014, XNAFY Eft" of Absesa, 143.01. Entruta Cxen'°'arron notk+. 143,013. Lint Of Ditty IUnaea or In*q Gars of Abseea. 1411!8. Eatettswr EtuttNnAtioea. 143.071. Meppointmat After Rotovery Foote DWWNty. 143.00. Ptoeoduto for PU1in0 Booming Positiom. 118.07. Pra6atleauy Porkd. (Seabee 14$.073 to 113.010 nstrvd for alKneionl 14S'M. chlibmey for Proawtbn, 148.00. Preatnebaal EsaminAtbn Notice, SUBCHAPTER r. MISCELLANEOUS PROVISIONS 143.000. E for rim Dtputmeat Promotional EX. 14$ 001. Daertalnetba of Plyflal en/ Matal Pteasu. 143,001, Z1460ky for Pones Dopmunat Promotioael 14$.0a me" ROptf E uwMatloa. 14$.043. Enwtpaey Ilp tweet of renperu~y PMo • 14$.02. PVW?Mkaa1 EsamituUN Proadarc tors end ToBet Officers. 143.00, Promseknet Eurowm bo Grad", 14$.001. Give Sor•be Sear and Poaabn ikeents for 141.01. Review end Aootel of PremotknAl Eu,~laetbn. CerUM ft' Flown and Pam Oflian. 14$.06. rata RodKdN W Aoittatet"saet LIOL 14$ 0us4 Aktntett Promotional System m Polxt Dt 143.00. Pofte: A""W. oat p~• I4S.0rr. SW*o ProbAkkL ta 34$,001. PwsoL for M 14$,00. UskrN Roos "b" a avoro wnt abiel Promotional Appoint. 14$,00. Ptneond AM. ® stow. • v l A 0 hum UNNOW&MMEhmooki a • ,geflURNo SUBCHAPTER A. GENERAL PROV13IONS 1 143.K4. Eleetici~e~ t or g i91.M1. Pyr*ose (a) A munkipali ~+ay hold an election to adopt or repeal this chs~ v pt IN"'lly~tMb section, (al The purpose of this chapter Is to secure effl (b) if the governing body of the municipality M cient M and police departments composed of spa ceives a petition requesting an election that is ble personnel who are free tram political influence signed by a number of qualified voters of the mu. W who have permanent employment enure as nicipality, equal to at least 10 percent of the number public servants. of voters who voted in the most recent municipal (b) The members of the Fire Fighters' and Police "ley Mi , the governing ng to the otters the questionrof whether Officers' CW Service Commission shall administer this chapter should be adoyted. The election most this chapter in accordance with this purpose. be held on the flnt authorised uniform election date Acts Het, ?oth Lee., ch. 149, 11, *if. Sept. 1, IM7. prescribed by Chapter 41, Election Code, that occurs after the petition is filed and that allows sufficient I&M2. Municipalities Covered by Chapter time to 4omply with other requirements of law. This chapter appiles only to a munklpslity that; (e) The ballot shall be printed to provide for rot. (1) hits a population of 10.00 or more; log for or ag&Wt the propaition: "f.doption of the An fighters' and poll" offlan' eN service law.,' (2) has a pald fire department and police & However, this chapter may be adopted to apply only parfinemk and to tie ft" or polio department. and in that ass, (3) hoe voted to adopt this chapter or the law th" ballot shall be priNt"d to reflect the dep&vUMOt codifled by this chapter. that would be covered by this chapter. If a ma*o Acts IM, 70th Leg., eh. 149, 1 1, Of. Sept 1, IMt, ty of the vote received in the election are in favor of adoption of this chapter, the governing body shall 142.4a De!lmitioas implement this chapter. to this chapter: (d) If an e1"cUon Is held under Subsection (b), a petition for a subsequent election to be Mid under (1) Commission means the Fin Fightersand that subsection may not be }fled for at lesat one Polls Office"' Civil Service Commission. year after the date the previous election was held, (2) "Department Mad" means the thief or head To be valid, a petition for a subsequent elsedom of a fire or police department or Nat person's most contain the signatures of a number of q" equivalent, regardless of the name or tick used. fled ours of the municipality equal to it last 20 (8) "Direr or" mans the dkectr of fire fight. percent of the number of voters who voted in the en' and police officers' civil service, most recant municipal election. Any subsequent (4) "Fire fighter" means a member of a fire fin Wt be hold at the after the next general r fl1~1 compliment who was appointed in wb"tled to le) If the vernim compliance with this chapter or who is entitled to this ty of s nunksty that civil service status under Section 1/3.06 or has rated p~ hapter for at lesat we 143.044, The term includes fire fighters who year rewiva a petition requesting U electlop to perform: NOW this thaptee that Y signed by at least 10 (A) fin supprewlon; portent of the qualified vote" of the munkipi ty, the governing body shall order to tlectkn submit. • IBI fire prevention; ling to the vote" the question on whether this (C) fire training; chapter should be repealed. If a majority of the (D) fare safety education; quallfled vote" vets to "pal this chapter, this IC) fire maintenance; chapter Is void in that municipality, IF) fire communications Acts Het, I ft Leg., ch. 10 1 1, off. Sept 1, fist, • (0) fire medial emergency technology; 1 113."1, out" of topioye" it Chapter 0 fire photography; or Adeped • • (1) fire administration, Each fin fighter at police officer serviag is a (6) "Police officer" m"aru a member of a police mmkiosflq that s CAM sad who has dopwimot or 01or paw officer who was ap been in the esrvia, of tM unkipality r for more p*Wwd in substantial eompliana with this chap. than six months at the time this ehapter is adopted ter or who 4 entitled to etvt) wake status under and who is "nththed to eiril servics tlasaitkathoe has Section 143.005, 143.0Ee, or 143.103. the status of a Civil service employee and is not 2 s p Agenda No,w.,,r. of the adoption. shall elect a chairmu9G410 ►geeahainttsa. Aeu 1967, 70th Leg., ch. 149, { 1, off. Sept 1, 1980 The overnin g')Ibtly_oL.tha.municlpalisy shall { 183.066. Implementation, Commission provide to the commission adequate and suitable (a) On adoption of this chapter, use Fire Fighters' office space in which to conduct business. and Polk* Officers' Civil Service Commission is (g) The chief executive of a municipality commits estabiiaW in the municipality. The chief executive an offense if the chief executive knowingly or inten• of the municipality shall appoint the members of the tanally fails to appoint the initial members of the commission within 60 days after the date this chap commission within the 60-day period prescribed by ter is adopted. Within 30 days after the date the Subsection (a). An offense under this subsection is municipality's fiat full fiscal year begins after the a misdemeanor punishable by a fine of not Was than date of the adoption election, the governing body of $100 or more than 1200. FAch day after the so-day the municipality shall implement this chapter. period that the chief executive knowingly or inten• clonally fails to make a required appointment consti• (b) 7U commission consists of three members tutee a $opante offense. cppointed by the municipality's chief executive and (hl The chic! execuivv of a municipality oonfirnred by the governing body of the munkipall• or a ty. Members serve staggered thrftyesr terms municipal official commits an offense if the person with the term of one member expiring each year, knowingly or intentionally refuses to implement this If a vacancy occurs or if an appointee !ails to chapter or attempts to obatruct the enforcement of quality within 10 days after the date of appoint. this chapter. An offense under this subsection is a treat, the Thief executive shall appoint a person to misdemeanor punishable by a fine of not less than 1100 or more than 1200. serve for the remainder of the unexpired term In the same manner as the original appointment AM 1967, 70th Leg., ch. 149, 11. off. Sept. 1, 1917. (t) A person appointed to the commission must: { 113.067, Removal or Commission Member (1) be of good moral character; (a) If at a meeting held for that purpose the (2) be a United States citizen; governing body of the municipality finds that a (3) be a resident of the municipality who has commission member is guilty of misconduct in of. resided in the municipality for more than three lice, the governing body may remove the member, gars; The member may request that the meeting be held (4) be over 25 years of age; and as an open hearing in accordance with the open (5) not have held a public office within the meetings law, Chapter 271, Acts of the 60th Legbla• tun, Regular Session, 1967 (Article 6252-11, Ver• protecting three yeah, non's Texas Civil Statutes). (d) In making initial appointments, the chief exec (b) If a commission member is indktea oreoMed noire shall ei rne one member to serve a one. by Information with a criminal offonse invoMng year aorta, one mem mber to serve a two-year term, moral turpitude, the member shall be autorngdool and sp member to serve a then yaw term. If a suspended from office until the dispotitioa of tm municipality has a civil a ed in that imme munice dl• charge. Unless the member pleads guilty or is ately befmre this chapter takes effect in tha found to be guilty, the member shall resume office peft as. th th, e that commission established servicebluhed established by by this e his shelf section and continue at the time of disposition of the charge. • as. shall administer the civil service system as pre- k) The governing body may appoint a substitute scribed by this chapter. As the terns of the mem• commission member during a period of suspension. bers of the previously existing communion expire, If a member pleads guilty to or Is found to be guilty the chief executive shall appoint members to pm of a criminal offense involving moral turpitude, the scribed by this section, If wv"ry to create stag. governing body shall appoint a replacement commis. gored terms as prescribed by this section, the thief $ion member to serve the remainder of the duquai• 0 executive shall appoint the initial members, required ifled member's term of office, tD to be appointed under this chapter, to serve terrns Acts 1967, 70th Leg., eh. 149, 1 I, off. Sept. I, 1967. of less Nan three years. (o) Initial members shall elect a ehairtnan and a { 143,656, Adoption and Polkstlon of Itutse vkeehairman within 10 days after the date all mom. (a) A commission shall adopt rules necessary for ben have qu:hfied. Each January, the members the per conduct of commission business, 3 • A i • • agenda No (b) The commission may not adopt a rule permit- (b) During an inve9ill" -bee 00ami4MiAR Ling the appointment or employment of a person the commission memb4Me%y_ ~Lw who s: (1) administer oaths; (1) without good moral character; (2) Issue subpoenas to compel the attendance, of (2) physleally or mentally unfit; or witnesses and the production of books, papers, documents, and accounts elating to the inveatiga. (3) incompetent to discharge the duties of the tion; and appointment or employment 13) cause the deposition of witnesses r"l&g (c) The commission shall adopt rules that pre- JUI& or outs',:e the state. scribe cause for removal or suspension of a fire (c) A deposition taken in connection with an invas• fighter or pollee officer, The rules must comply Ugation under 04 section must be taken in the with the grounds for removal prescribed by Section mannor in i civil ad by in fedora! district a comm 143.061. n (d) The commission shall publish each rule it (d) An oath administered or a subpoena Issued adopts and each classification and seniority list for under this section has the same force and effect as the fire and pollee departments, TM rules and lists an oath administered by a magistrate in the mag4• shall be made available on demand. A rule is trate's judicial capacity, considered to be adopted and sufficiently published (eI A person who fails to respond to a subpoena if the commission adopts the rule by majority vote Issued under this section commits an offense p1m and causes the rule to be written, typewritten, or Ishable as prescribed by Section lao16, printed, Publication in a newspaper is not required Aeu 1907, 7nth Leg., ch. 119, 1 1, off. Sept. 1, 1907. and the governing body of the municipality is not required to act on the rule. f 143.010, Commission Appeal Procedure it) A rule Is not valid and binding on the commis. (a) Except as otherwise provided by this chapter, Won until the commission: if a fire fighter or police Officer wants to appeal to the Commission from an action for which an appal (1) malls a copy of the rule to the commission. or review Is provided by this chapter, the fire fight-or, If the municipality has an elected commission. or or police officer need only file in appal wMh the or, sad to department heads of the fire and police commission within 10 days after the daw the action departments; occurred. 12) pats a copy of the rule for a seven-day 1b) The appeal must include the basis for the period at a conspicuous place in the antral fire appeal and a request for a commission hearing, and pollee stations; and TM appal must also contain a statement daylag (3) mails a copy of the rule to each branch fin the truth of the charge u made, • ststemeat taking station, exception to the legal suffkiesey of the sharp, a statement alleging that Use recommended aeon (f) The director shall keep copies of all rule for does not tit the offences or sliepd Offense, or a free distributim to members of the fire and police combination of those statements, • departments who request copies and for inspection (c) In each hearing, sppaf, or review of any kind by any Interested person. in which the commission perform an adjudicatwy Acts l907, 70th Leg., ch. 149, 4 1, Of. Sept I, 1907, function, the affected M fighter or polio offiew Is entitled to be represented by counsel or a person f 143.M. Commlssion Investigations and In. the fire fighter or poMa officer chooses. Each spectlons commission proceeding shall be held In public. 0 (a) The commission or a commission member des. Id) The commission may Issue subpoenas and sub lpated by the commission may InvesUJate and poems duos locum for the sttends" of witnesses • • report on all nutters Wilting to the enforcement and for the production of documentary material, and affect of this chapter and any ruler adopted under this chapter snd shell determine If the chap. (e) The affected fire fighter or police officer may ter and rules are being obeyed, request the commission to subpoena any books, 4 • • 9ende No l (b) The commission may not adopt a rule permit- M During an Inveetlgatt* mmuebe or ling the appointment or employment of a person the commission member may: who is: (1) administer oaths; - M without good moral character; (2) issue subpoenas to compel the attendance of (2) physically or mentally unfit or witnesses and the production of books, papers, documents, and accounts relating to the investiga• (3) incompetent to discharge the duties of the tion; and appointment or employment. taus* the deposition of witnesses residing (c) The commission shall adopt rules that pre- inside or ouuw % the state. scribe suss for removal or suspension of a fire (c) A deposition taken In connection with an invsa• fighter or police officer. The rules must comply Hgation under this section must be taken in the with the grounds for removal prescribed by Section manner prescribed by law for taking a simile depo- 143,061. sition in a civil action In federal district eowt (d) Tho commission shall publish each rule it (d) An oath adminbtered or a subpoena fussed adopts and each classification and seniority list for under this section has the same force and effect u the fire and pollce departments. TM rules and Nts an oath administered by a magistrate in the ms&. shall be made available on demand. A rule is trate's judicial apaeity. considered to be adopted and sufficiently pub nod (e) A person who fails to respond ti a subpoene if the commission adopts tM rule by majority vats issued under this section commits am offense purr and causes the rule to be written, typer 'tten, or "Is as prescribed by Section 113! i, prtnto~. Publication In a newspaper is nr ; required Aeu 1907, 10th Leg., ch. 119, 11. Off. Sept, t, 1907. and the goveming body of the munkip.iity is not required to act on the rule. 1 143.018, Commission Appeal Procedure (e) A rule is not valid and binding o i the corom4, (a) Except as otherwise provided by this chapter, sbn until the commission: if a fire fighter or police officer wants to appeal to the commission from an action for which an appoial (1) mails a copy of the rule to the commission- or review is provided by this chapter, tho fire fight. or. if the municipality has an ekcted commission. or or pollee offfesr need only file an appeal with the or, and to department heads of the fire and police commission within 10 drys after the diste d" action deputments; occurred, (2) pats a copy of the rule for a sevenday (b) The appeal must include the basis foe the period at a conspicuous place in the central fire appal and a request for a commission hearlas. and police stations; and TM appeal must also contain a statement dtnyiag 3) rrui4 a copy of the rack to each branch fire the truth of the charge u made, a statement taking ( exception to the legal sulfieieney of the ehargt, a station. statement alktging that the retommendsd actieo (f1 TM director shall keep copies of all rules for does not fit the offenu or alleged offense, or a tree distribution to members of the fire and polies combination of these statements. • deputrunts who request copies and for inspection (e) In each hearing, appeal, or review of any kdud by any interested person. in which the commission performs an adjudiaUo" AM 1907, 70th 1wg., ch. 149, 1 1. eff Sept. 1, 1907, tonetion, the affected firs tighter or po)iee off ear is entitled to be represented by counsel or a pence f 113.809. Commission Investigations and In. the An fighter or polies officer choose. Each spections 00mmks101ft proeeeding shall be hold In public. • (a) The commission or a commission member des. (d) The commission may issue subpoenas and sub. ignsted by the commission may Investigate and poen" ducts tecum foe the attendants of witnesses • • report on all matters relating to the enforoenant and for the production of documentary materw. and effect of this chapter and any rule$ adopted under this chapter and shall determine if tho ehsp- (e) assltire t aholte tom eted fire ire figh to ter subpoena police officer may ter and rules are being obeyed. any books, 5 ca • ~entlalJa.~. - records, documents, Papers, accounts, or witnesses may remove the director r`t a ti - that the fire fighter or police officer considers perthGOAf~~~~0[ merit to the case. The fire fighter or police officer each h r for person appoin u i mus equirement must make the rr'qnest before the 10th day before stn proscribed escribed b by Section 14313.008(el except thapp .006(c), except that In that In the date the commission hearing will be held. if the a municipality with a population of leas than 1,6 commission does not subpoena the material, the million, the person is not required to meet the commission shall, before the third day before the three-year local residency requirement. date the bearing will be held, make a written report {cl A person appointed u director may be a corn. to the fine fighter or police officer stating the mission member, o municipal employee, or some reason it will not subpoena the requested material. other person, Me report shall be read into the public record of the commission hearing. (d) The municipality's governing body shall deter. (f) Witnesses may be placed under the rule at the mine the Wary, I( any, to be paid to the director. commission hearing. (e) If, immediately before this chapter takes of. feet in a municipality, the munkipaiity has a duly (g) The commission shall conduct the hearing and kgally constituted director of e(v(1 serAw, ra fairly and impartially as prescribed by this chapter gardkas of title, that direoeor shall continue in and shall render a just and fair decision. The office as the director established by this section and commission may consider only the evidence sub- shall administer the civil service system as pre. mitred at the hearing. scribed by this chapter. (h) The commission shall mslntain a publk record Aeu 1907, 70th Leg., eh. 149, ; t, off. Sept 1, 1907. of each proceeding with copies available at out. ; 113,012. AMotnttaent raW Removal of Deport- (1) In addition to the requirements prescribed by intent Had thle section, in appeal to the commission in a munk• (a) Unless elected, each department head is, ipaiity with a population of 1.6 million or more must (1) appointed by the municipality's chief execu• nwt the requirements prescribed by Section tive and confirmed by the municipality's govern. 149,1015. Ing body, or Ash 1N7, 70th lam, ch. 119, ; 1, off. Sept. 1, 1997. (2) in a municipality having an elected fire or Anwaded by Acu 1909, 71st Leg., ch. 1. ; 215(b), off. police eommisalmr, bppolated by the fire or pa. 28, 1909 Acts 1989, 71st Leg., ch. 1210, ; 19, eft, Sept Al, I, Iom' lie commissioner in who" department the veew cy exists and conflrmocl by the munklpahty's 4 143,011, Deciolons and Reeorde governing body. (a) Each concurring commission n member shall (b) A person appointed At head of a fire depart. decision issued b the iscommission, s ment must be eligible for ardfkation by the Com• r a by mission on rim Prowtion Porno awl Standards and (b) The commission shall keep records of each Education at the intermedlate level or Its squivaient hearing or ass that come before the commission. as determined by that commission and must have served as a fully paid fire fighter for at kcast five (c) Each rule, opinion, directive, decision, or order yew. A person appointed y had of a police ! Issued by the commission must be written and con. department must be eligible for certification by the ssltuws a publk record that the commission shall Comntisslon on Law Enforcement Officer Standards retain on file. and Education at the intermediate level or its equiv. Acts 1987, 70th I.eg., eh. 119. ; 1, off Sept. 1, 1987, alent u determined by that commission and must d 143.012. Direetor have served u a bona fide law enforcement officer (a) On adoption of this chapter, the office of for at Islet five years. ' ! Director of Fin Fighters' cod Police Officer C4 (c) Except AS provided by Subsection (d), if a ! 0 Service is established in the munlcipality, The own. person is removed from the position of department mission shall appoint the director. The dinetor head, the person shall be nirsuted in the depart shWI serve le seentuy to the eommisetnn and anent and placed in a position with a rank not lower perform work incidental to the civil service system than that held by the person Immediately before as required by the commission. The commission appointment le department head The person re• 6 0 ra lgeovaNo_._.._._. .,os all rights of seniority in the department. through the collective ba mmgt~l~cese:-^•- (d) If a person serving as department head is (d) A person appointed W4 position ia-the-clsasi- charged with an offense in violation of civil service f cation immediately below that of the head of the rules and is dismissed from the civil service or police department must: discharged from his position as department head, (1) be employed by the municipality's police de• the person has the same rights and privileges of a partment as a sworn police officer, hearing before the commission and in the same (2) have at least two years' continuous service manner and under the same conditions as a classi• fied emF',)yee. If the commission finds that the in that department as a sworn police offices; and charges are untrue or unfounded, the person shall (3) meet the requirements for appointment as immediately be restored to the same classification head of a police department prescribed by Section that the person held Were appointment as depart. 143.013(b), resent head. The person has all the rights and le) A person appointed to a position in the clasaif3• privileges of the prior position according to seniority cation immediately below that of the head of the and shall be paid his full salary for the time of fire deportment must: suspension. (1) be employed by the municipality's fire de- Acts 1987, 70th Lea„ ch. 119, } 1, eft. Sept. 1, 1987. partment; + 143,013, Appointment and Removal of Person (2) have a permanent classification in at least an officer Immediately Mow pe level; and partment Bead (3) meet the requirements for appointment as head of a fire department prescribed by Seedon (a) This section does not apply to a municipality 143.013(b). with a population of 1.5 million or more, (f) The department head shall make each appoint. (b) if approved by the governing body of the ment under this section within 90 days after the munkipolity by resolution or ordinance, the head of date is vacancy occurs in the position. a fire or police department in the municipality in (g) A person appointed under this section serves which at kut four classifications exist below the at the pleasure of d : department head. A person classification of department head may appoint each who is removed frote Jae position by the department person occupying an authorised position in the clas• head shall be reinstated in the department and sifksdon immediately below that of department placed In the same classification, or Its equivalent, head, as prescribed by this section. The classifiea, that the person held hefore appointment. 71te por- tion immediately below that of department head son retains all rights of seniority in the departmeaL may include a person who has a different title but has the same pay grade, (h) If a person appointed under this section Is (c) In a police department the total number of charged with an offense in violation of civO service rules and persons appolrtted to the classification immediately indefinitely suspended by fife department below that of department head may not exceed the ' the arson has the same rights sad privileges o total number of ~ m rsors. plus one, serving in that it a hearing before the commission in the same 1 o,iner and under the same conditions as a clwi- cluakation on January 1, 1983. In a fin depart. fled employee. If the commission, a hearing oxm* ® resent in a municipality having fewer than 300 certi• iner, or a court of competent Jurlsdktlon finds the fled fire fighters, the department head may appoint charges to be untrue or unfounded, the person shall not more than one person to the classification imme• immediately be restored to the same ckwiAcation, diately below that of department head, If a munki• or its equivalent, that the person held before cap polity has 300 to 000 certified fire fighters, the pointenent, The person has all the rights and privl• department head may appoint two persons to the logos of the prior position according to seniority, eeeclauitified faed fure e fighters, the municipality departhasment more head than may 800 and shall be repaid for any lost wages. ® appoint three persons to the classification, This (1) A person serving under permanent appoint. • 0 subsection does not apply to a municipality that has ment In a position In the classification immediately adopted The Fir* and Police Employee Relations below that of the department head on September 1, Act (Article 515k-1, Vernon's Texas Civil Statutes) 1988, Is not requ.red to meet the requirements of unless the municipality specifically adopts the ap. this section or to be appointed or reappointed ss a pointment procedure prescribed by this subsection eonditloo of tenure or continued employment. 7 A t1 • 4x~ • I Venda No Acts IN?, 70th Leg. eh, 119. 1 1, elf. Sept t, 19x7 by ordinance shall ptv uffC4'~@((in~eaof pqa~` in each classification. rkttf f 113.916. Appeal of Commission Decision to (b) Except for the department head and a person District Court the department head appoints in accordance with (al if a fire fighter or police officer is dissatisfied Section 113.011 or 119.102, each fin fighter and with any commission decision, the fin fighter or police officer is classified as pmsenbed by this police officer may file a petition in district court subehapter and has civil service protection. The asking that the decision be set aside, The petition failure of the governing body to establish a position must be filed wit;jin 10 days after the date the final by ordinance dots not result in the )oas of civil commiaslon decision: service benefits by a person tntitlod to civil atreke (1) is sent to the fire fighter or police oir"r by Protection or appointed to the position in substantial eortifled mail, or compliance with this chapter, M is personally received by the rim fighter or (oI Except as provided by Sections 113,013, pollee of ver or by that person's designee. 141.014, said 143.102, an existing position or elasaift (b) An apoesl under this +secuon is by trial de cation or a position or els"ifieation created in this raw*. TM district court mop gnat the appropriate futurt tither by name or by kxrsase in salary may legal or equitable relief ntcesurY to carry out the be nikd Only from an eligibility flat that results purposes of this chapter. TM relief may include from an examination hold in wordaaee with this reinstow writ or promotion with back pay if an chapter, order of suspension, dismissal, nr demotion is Ott Aeu I9e7, 70t1, Leg„ eh. 149, { 1, off. Sops t, 1997. snide, (t) MW court may Swam rea-'+nable attorney's { 14U.933. Physical IWulrernenta ant f amina• !l fees b the prevailing party and assess court tats ens against the noaprevailing party. (a) Tine afifiission shall set the age and physical tequiremonts for applicants for beginning and pro (d) If the court finds for the fire fighter o1 police mouunal positions in accordance with this chapter. offietr, the court shall order the municipality to pay TM requirements must be the some for ali appli. Wet wages to the fire fighter or pollee offx*r. ants, Arta IW7, 70th Leg., ch. 119, 1 1, eft. Sept. 1. I9g7. (b) The commission shall require each applicant i 11a3.91C ITeashy for Violation of Chapter for a beginning or a promotional position to take an police olCrcer commie an may aPpr'oP~ts physical examninat os. The commission lofla! ot A A if foe the fighter rsquire each applicant foe a bwgierting positon person ur ter or violates this lKe chapter. to take a mwntal examinatioa. TM examination (e) An offense under this section or Section shall be administered by a physiell", psychiatrist, er 14S.W is a misdemeanor punishable by a fbw of PeYchobgist, as appropriate, appointed by the soar mat Isar than 110 of matt thin 1100, eonfirement Jim misslon. Tlit munkipallty shall pay for eseh txamf sow ewnty tail for tot awn than 30 days, or both nation. floe aged eonfinwment. (e) If an applicant is nteeled by the physician, • Arts 1917, Toth LK, eh. 119, 1 1, off. Sept. L. 1997, psychiatrist, or psyehulo&k u appropriate, sow (Sections 1,43.017 to 143.020 reserved APPIkut may rtquat WWAW examim0w by a for expansion) boud of uuw physicians, peyehistrista, or payehob SUBCHAPTER B. CLASSIFICATION gists, as appropristo, appointed by the commission. AND APPOINTMENT TM applicant must pay for the board examination. Tie bards decision is renal, 4! 14s,#21. Classification; Examination Requlrs• Atu I"?, 70th Lch. 149, 1 L W. Sept 1, 11117. W*al Amended by Atts 139, 11st Lag., A. 1,1 M). off. Aug. • O (a) ?M eommliabn shall provide for the 6s"6 HII cation of all Nra nghten attd polke offktn, 11w ;lug ritg41111ty for Seglnning taitkn munkil"lky s iloverning body IMII atablisb the claaallkstioes by ordinance, 111e governing body (a) A person may not take an enlrarnee examina• e • 4~ 1 Q • Vowa No ion for • beginning position in the fin or police f 113.923. Entrs,nct Ex 1I atlona department unless the person d at least 18 years ofr~._.. _ age, (a1 The communion shall provide,_for opiri;~At peuave, and free entrance examinations 10 provide rb) A person may not be cerufied as tligible for a eligibility 10,U for beginning positions in the fin beginning position in a fin department it the person and police departinenits. The examinations are open V 36 years of age or older, to each person who makes a proper appliation sad (c) A person who is 45 years of age or older may meets the requirements prestribed by this chapter. not be certified for a beginning position in a police Ibl An eligibility list for a beginning position in department. A person who is 36 years of age or the fim or police department may be created only u older and under 45 may not be certified u eligible a result of a competitive examination held in tM for a be tinning position in a police department presence of each applicant for the ttioa. TM unless the person his at least five years' experience examination must be based on the person's knows u a peace ofrnter or at least five years of military edge of and qualifications for fin flghtlag tad work experience. in the fin depammeat or for police Uork Wad work (d) An applicant may not be certir*d u eligible in tM police depar4nent and must L-AWn into the for a beginning position with a fin department applicant's general eduftdm and nendsl ability. A unless the applicant meets all legal requirements Person may not be appointed te tM fire or police neassaq to become eligible for future cert&kstion department except u a result of the examination, by the Commission on rim protection Personnel it) An applicant msy not take u oumi"b" Sundarth and Education, unless at least one other applicant Wdag the uuair (a) An appliant may not be certified u eligible union Y present for a beginning position with a police department id) Euminations for bo&aing positions is the unless the applicant meets all legal requirements rim department easy be held at different locations if necessary to become eligble for future licensing by oath spptlant takes tM sane examJnatbW end Y Ow Commission on Law Enforcement Officer Stan• examined in the pneence of otMr applicants. dards and Eduatioa. (o) An additional Are points shall be added to tee (f) Pesch police officer and fin righter affected by examination grade of an applicant who served Is *a this thapter must be able to read and write English. United States armed form, teetlved see botorble (g) In addition to meeting the requinmenu per d4eharet, and made • pacing grade a, the exaat~ scribed by this section, an applicant for a beginning nation. position in a police department in a municipality If) An applicant may not tape tM eumiaatioa for with a population of 1.3 million or more must meet a partieular eligibility hat men Nan once, the rquiremente prescribed by Section 113.106. (j) The commission span keep each OYtWty lit Acts 1017, 70th Leg., eh. 149, p 1, off, Sept 1. 1*7 for a beginning position W effort far a perid of net fN.113. Entrance Essmleutbn Notice Was than its nseaths or Moro thaw 1! a Oklis, uohtu the aaaae of all applicants oa the Not have (a) flefor LM loth day before tM date u en• been refer7td to the appropriate deputneat Tic • trusts examination is held, the tommiuion shall commission shat) determine the length of tM porid annat a tours of tM rumination to be posted m Tie commission shall give new exatWiaatlons u plain view on a bulletin board bated in the main limes the eammLaicn ronsiden netxtaaary to provide lobby of IN city hall grad in the commission's office, required stafAnt for scheduled f" of Pelice brsbr TM notice must show tM position to be filled or for ii+1 armies. which the examinstion is to be held, and the date, (hl The grade to be plated on the eligibility list ume, and place of the examination. for each applicant $hall be computed by adding an • (b) TAe notice required by Subsection (a) must applicant's points under Subsection (t), if any, to the • • also stag the period dating which tM eligibility bit applicant's trade on the written examination. EWth crated u a result of IN examination will be tffet• based grWde on tM written taaminatiee Y tire. wd an s maximum Bradt of I40 ptrosnt and is determined ead"ly by tM correctness of tM appli Atu 1W T, 70th Leg., A. 149, ; 1, off Sept 1, 1W mat's wwen to the questions, TM minimum 9 s a , i . passing made on the examination is 70 percent. An from joining or mquiredXWjoin ran employer orga applicant must pass the examination to be placed on nintion, Joining or rot joining en employee Srts~ an eligibility list. nisation is not a ground for retaining or not retain. Aeu 1989. 100 US. eh. 149, 1 1, off, Sops I, W. ing a fire fighter or police officer serving it probe. Amerded by Acta 1989, list Lail, eh. 756. 9i 1, 2, aft. tionary period, Aug. 28, 1989 (d) A fire fighter or Police otfncer who was cep sseern s of the tads arendatory fl p~ pointed in substantial eomplianee with this chapter -rwd U tal et applies a to envanre eummat+u+u condo: d an or .0-w e erroetiVe date ls or the Aet° end who servos the entire probationary period auto- matkally becomes a full-fledged civil service am. It 143,020, Proeedun for Riling Beginning P0611• ploy" and has lull civil service protection. lions Arts 190?, 10th Leg., eh 149, 1 1, off. Sept 1, 1981. (a) When a veearscy occurs in a beginning position } 113.020, tligiNlNy for Promotion in a fire or polies department, the department had shall request in writing from the commission the (a) Except as provided by Section 143.013 sad names of suitable persons from the sligibility Ifst. 145.102. a fire fighter is not eligible for promotion The dlnctor shall artily to the municipality's thief unlace the person his served in that fir dspartmeat exett.' live the names of the three persons 4ving the in the next lower pnsitio0 or other pooWons spe6 highest grades on the elipbility list. tied by the commission toe at last two years at any (b) From the tune tames certified, the chief as' *m before the date the promodonal examination is etudve shall appoint the person having the highest Mid. A fur tighter is not #Roble for paomotiort to grade unless there is a valid reason why the person the rank of aptoin or its equivaleat "Is" the having the second or third highest grade should be person has at least tour yeers actual a4mes in that appointet tin department (c) If the chief executive does not appoint the (b) Except as provided by Seetiom 1434019 and person having the fiighest grade, the chief executive 143,102, a police officer Is not eligible for promotion unless s shall ekarly set forth in writing the good and suffi• merit the next lohas w person lower served in that pollee depan tient mason why the person having the highest a by the eommisdicirl position at other positions grade was not appointed, imm diately before the date the promotional #Urnf (d) The reason required by Subsection (e) shall be nation is held. A polite offetr is not eligible for {1,0-04 with the eommission and 6 copy Provided to the promotion to the rank of cap" or its equivalent t.emon having the highest grsde. If the chief exec- unless the person has at least four years' actual utive appoints the person having the third highest servkt in that polka department grade, a copy of the report shall also be fumished (e) If a person is rmlkd on active military duty to the person having the second highest grade, for not more Ulan 24 months, the twoyesr service Aeu L984, loth Leg, ch. 10, 1 1. W Sept 1, 196?, rsqu(remenu peeseribed by Subsoetloru (a) and (b) do not apply and the person is entitled to have time 143.02'{. Probatlonary Period spent on active military duty considered as duty in • (a) A person appointed w a beginning position in the rsspettive tore Of polka department It the the fire or police department must serve a probe. active military duty exceeds 12 months, the person tionsry period of one year beginning on that per. on ntum must serve in the department for 90 days son's date of employment as a fire fighter, poiico before the Person is 41ig+'bk to participate in a officer, or sesdemy trainee. promotional examination. This time is considered (b) During a fin fighter's of police offctr's pro nwressary to bring the person up to date on equip' bationary period, the depanment head shall die merit and techniques. charge the person and remove the person from the AM 1987, IM Leg., eh. 149. 1 I. off. Sept. I. 198?. • • payroll it the person's appointment was not regular or was not made in aecordanee with this chapter or 1 143.029. Promotional Examination Noll" the eommiasion rules. (a) Before the 90th day before the date a pro (c1 During a foe fighter's or pollee 601001'1 Pea motional examination is held, the commission shall betionary period, the person may not be prohibited pat a notice glut lists the sources from which the 10 . 0 7) c, 0 Agei)dBNo Agendallem examination questions will be taken. is subsequently reempbyed~ to lame, Qtp>ttt,_ (b) Before the 30th day before the date a pro ment, the fire fighter must again meet the two-year motional examination is held, the commission shall arrvice requirement for eligibility w take a pro post a notice of the examination in plain view on a motional examination. In determining if a fin bulletin board located in the main lobby of the city fighter has met the two-year service requirement, a hall and in the commission's office. The notice fuY department may not consider service in another must show the position to be filled or for which the fire department examination is to be held, and the date, time, and (f) This section does not prohibit lateral crossover place of the examination. The commission shall between cluses. also furnish sufficient copies of the notice for poet. Arts 1W. 70th Lag, ch, 149, 1 1, off. Sops. 1, 1987. ing in the stations or subdepartments In which the position will be filled. 1 143.631. Eligibility for Polls Department Pm It) The notice required by Subsection (b) may also wmionai Examination include the name of each source used for the exams (a) Each promotional examination Is open to each nation, the number of questions taken from each pDMce officer who for at Wait two years immediaw source, and the chapter used in etch source. ly before the examination date has continuously (d) In addition to the notice prescribed by this held a position in the classification that is im nedl- wtion, a municipality with a population of 1,5 awly below, In ulsry, the classification for which million or more must pat the notice prescribed by the examination is to be held, 3ection 143.107. (b) If the department his adopted a claisifleatkin Acts IN7, Toth Leg., ch, 119, ! 1, off. Sopt 1, 1487, plan that cimifiee positions on the basis of eim)lari ty in duties and responsibilities, each promotional 1434M. Eligibility for r1re Department Pro- examination in open to each police officer who has motional Examination continuously held for at least two years immediately (a) We section does not apply to a municipality before the examination date a position at the next with a popols.tion of 1.6 million or more, lower pay grade, if it exists, in the classification for (b) Each promotional examination is open to each which the examination is to be held. fire fighter who at any time has continuously held (c. If there are not sufficient polio officers in the for at least two years a position in the classification next lower position with two years' service in that that is Immediately b!,ow, in Mary, the classifies. position to provide an adequate number of persons tion for which the examination is to be held, to take the examination, the commiufon shall open {e) If the department his adopted a classification the examination to persons in that position with less than plan that clauilies positions on the huis of similari• two years service if then is still an insuff4 ty in ducks and responsibilities, each promotional eknt number, the commission may open the oxftmt~ in examination is open to each fire fighter who has cation to persons i o the second lower poshkn, in continuously held for at least two years a position ss~' to the position for which the examinaton is at the next lower to be held' pay grade, if it exbu, in the elaaaifiatIon for which the examination Is to be Acts 1981, Toth Leg., eh. 119, I, off. Sops 1, 1987. held. 1 143.832, Promotional Examination Procedure (d) If then are not enough fin fighters in the (a) The commission shall adopt rules govemb..tg next lower position with two yew' service in that promotions and shall hold promotional examinsUons position to provide an adegwte number of persons to provide eligibility lists for each elassifustlon in to take the examination, the commission nary open the eire and poll" departments. Unless a different the examination to persons in that position with leas procedure is adopted under an alternate promotional than two years' service. It there is still an insufft- system as provided by Section 143.093, the examins. ® ;lent number, the commission may open the exami• tons shall be held substantially u pnseri bed by A nation to persons with at least two years' experi- this section. /J en" in the second lower position, in salary, to the M Each eligible position for which the examination is to be hold, prom=-timl candidate shall be given an Identical examlr~tion in the presence of (e) V,% (in fighter had previously terminated the the other eligible promotional andidates, fire fighter's employment with the department and (e) The examination must be entirely in writing 11 • q • Alter►daNo,....,,,.,.,..,,.,,~,,,.~ 4poradall6 ~ } and may not in any part consist of an oral interview. (b) Each police officer ids( en (d) 7%e examination questions must teat the point for each year of seniority as a classified police knowledge of the eligible promotional candidates officer in that department, with a maximum of 10 about information and (sets and must be baled on, points. Each fire fighter is entitled to rsr<,ve one (1) the duties of the position for which the point for each year of seniority In that department, Pce with a maximum of 10 points. examination is held; (c) Unless a different procedure is adopted under (2) material that is of reasonably current publl- an alternate promotional system as provided by cation and that has been made reasonably avail. Section 149.095, the grade that must be p` A on able to each member of the fine or police depart. the eligibility list for each police officer or fire ment involved in the examination; and fighter shall be computed by adding the applicant's (3) any study course given by the departments) points for seniority to the applicant's grsde on the schools of instruction. written examination. Each applicant's adds on the (e) The examination question must be taken written examination is based on a maximum grade from the sources posted as proscribed by Section of 100 points and is determined entirely by the 143.00&). Fire fighters or police officers may corrsetness of the applkant's answers to the gnes- suggest source materials for the examinations, tions. The passing score in a munkipallty with a (f} The examination questions must be population of 1.6 million or "o is prescribed by q prepared Section 143, log. in a munkipalky with a population and composed so that the grading of the examine. of less than 1.6 million, all applicants who receive a ton ears be promptly completed immediately after a1rtdie of at least 70 points shall be determined to to examination is over. have passed the examination. If a tit score occurs, (g) The director is responsible for the preparation the commission shall determine a method to break seed security of each promotional examination. ?So the tie. fairies of the competitive promotional examination (d) within 24 hours after a promotional examima. is the responsibility of the commission, the director, tion Is held, the commission shall pat tM individual and each municipal employee involved in the preps. raw test socres on a bulletin board located in the ration or administration of the examination, main lobby of the city hall, (h) A person commits an offense if the person Acts 1917, 70th Lr„ ch. 149, f 1, off Sept. 1, 1967. knowingly or intentionally: Amended by Acts 56, list Lg., eh. 1, f Md). off. Aug. ?d, 19E9; Acts 1991, 72nd [Al., eh. 713, f 1, off, Sept 1, (1) reveals a part of a promotional examination 1St=, to an unauthorized person; or (2) receives from an authorized or unauthorized 1 113.031. Review and Appeal of Promotional person a part of a promotional examination for Examination unfair personal gain or advantage, (a) On request, each eligibk promotional eandi, (0 An of(enae under Subsection (h) is a misde• date from the fire or polka department is entitled to meanor punishable by a fine of not loss than $1,000, examine the person's promotional exsminaboo and • confbosment in the county jail for not more than one ,nswors, the examination grading, and the source year, at both the fine and the confinement, material for the examination. If diuadsfied, the Acts 191111, 70th log.. ch. 149. 1 1, off. Sept 1, 1 jdl. candidate may appal, within five business days, to Amended by Acts 1959, lists Leg., ch, 1, f 2e(c), off. 4vg, the commission for review in accordance with Nis 2111 199. chapter. In computing this period, a Saturday, Sun- 143-M- Promotional Examination Grades day, or legal holiday is not cons?dered a business (a) The grading of each promotional examination day, shall begin when one eligible promotions) candidate (b) The eligible promotional candidate may not completes the examination. As the eligible pro. remove the examination or copy a question used in motional candidates finish the examination, the OR. the examination, arninations shall be graded it the examination kks• Acts 1967, '0th Leg., ch, 149, f I. off. Sept 1, 1997. tion and in the presence of any candidate who wants Amended by Acts lift, 71st Log., ch. 1, f '401, Off. Aug. to remaln during the grading, 28. 1909. 12 O GIN O 'i 4yondaNo~_ , i ApendaI lem,,,.,., ¢ 113.035. Alternate Promotional System In Po- system has been adopted under thu'ection an`d' lice Deportment been in effect for at least 180 days, the department head may petition the commission to terminate the (a) This section don not apply to a municipality alternate System, and the commission shall termle that has a population of 1.5 million or more or that sate the alternate system. has adopted The Fire and Police Employee Relations W At any time after an alternate promotional Act (Article 5151x1, Vernon's Texas Civil Statut"). system has been adopted under this section and has (b) An the recommendation of the head of the been in effect for at least 190 days, a petition signed police department and a majority vote of the 'worn by at least 35 percent of the sworn polka officer police officers in the department, the commission may be submitted to the commission "king that the may adopt an alternate promotional system to select akemate promotional system be reconsidered. If a persons to occupy nonentry level positions other petitlon is submitted, the eommlasion shall, within than positions Nat are filled by appointment by We So days after the data the petition is !tied, hold an j department head. the promotional system must election " prescribed by this section. It i majority; eomply with the requirements prescribed by this of was voting vote to terminate, the eommf"ion section. shall terminate the alternate promotional system., (e) the commission shall order the director to (A If the alternate system is terminated, an ad& conduct an election and to submit the revised pro- Wmi list may not be created under the alternate motional system either to all sworn police officers system. wi" the rank Immediately below the classification (k) A promotional list nay not be auted if an for which the promotional examination Is to be elation under this section it pending. An existing administered or to all sworn police officers in the eligibility list, whether crated under the system department. prescrbed by this chapter or created under an shar- (d) The director shill hold the election on or after mate system adopted under this section, may not be the 30th day after the date notice of the election is terminated before or extended beyond Its expiration posted at the department The election shall be date. A person promoted under an alternate am conducted throughout tuh regular work shift at an tom has the "me rights e-d the same status " a accessible location within the department during a person promoted under this chapter oven if the ?A-hour period, alternate system is Later terminated. (e) The ballot shall contain the specific amend Aeu tie?, 70th Leg., A. 119, ¢ 1, off. Sept 1, IN?. ment to the promotional procedure. Each sworn ¢ 113.8". Protedure for Making Promotional police officer shall be riven the opportunity to vote Appointments by secret ballot "for" or "against" the amendment (s) When a vacancy occurs in a no>Hntry paition (f) The revised promotional system must be ap that is not appointed by the department head se proved by a majority vote of the sworn police of& provided by Sections 113.011 and 119.102, the vaean- cars voting, A defeated promotonal system smend cy shall be filled as prescribed by this section and ment may not be placid on a ballot for a vote by the Section 113,109, as apptiable, sworn police officers for at least 12 months after 0 the date the prior election was hold, but this provi. (b) If an eligibility list for the position to be filled sion does not apply ii the head of the department exists on the date the vaaancy occurs, the dUwW, recommends s different proposal to the commission, on request by the department head, shall certify to (t1 The eommwion shall canvass the votes within the department head the r,amse of the three persons having the highest grades on that eligibility list 30 days after the date the election is held. An The commission shall certify the names within 10 appeal alleging election irregularity must be filed days after the date the commission is notified of the ® with the commission within five working days after vacancy. If fewer than three name remain on the o p the date the election closes. If approved by the eligibility fiat or if only one or two eligible pro sworn police officers, the promoUonal system motional candidates passed the promotional exami. J amendment becomes effective after all election dis• nation, each name on the list must be submitted to put" have been ruled on and the election vote the department head, have been canvassed by the commission. (c) In a municipality with a population of less (h) At any time after an alternate promotional than 11 million, the commission shall submit names 13 ® 0 • r. • from an existing eligibility list to the del utment (a) When a Perron Wl&erf nW ndappall nled to a head until the vaancy is filled or the list it exhaust. position in the fire or police department, the director ed. shall forward the aPPointed person's record to the (d) If an eligibility list does not exist on the date a proper department head. The director shall also vacancy occurs or a new position is created, the forward a copy of the record to the chief executive commission shall hold an examination to create a and shall retain a COPY in the civil service tiles. new eligibility list within 90 days after the date the (b) The record must contain; vacancy occurs or a new position is created. (1) the date notice of examination for the posi (e) If an eligibility list exists on the date a vaan• bon was posted; cy occurs, the department head shall fill the vacancy (2) the date on which the appointed person took by permanent appointment from the eligibility list the examination; furnished by the commissln within 60 days after the date the vacancy occurs. If an eligibility list (3) the name of each person who conducted the does not exist, the department head shall fill the examination; saewicy by permanent appointment from an eligibil• (1) the relative position of the appointed person ity list that the commission shall provide within 00 on the eligibility list; days after the date the vacancy occurs. This sub. (6) the date the appointed person took the phye. section does not apply in a municipality with a leaf examination, the name of the examining phy. population of 1.5 million or more, skian, and whether the person was acoeptsd or (f) Unit" the department head has a valid reason rs*t*d' for not appointing the person, the department had made the data the request to fill the vacancy was shall appoint the eligible promotional andidate hav. Cl) the date the appointed ing the hlghat grade on the eligibility list. If the to report for duty; person was notified department head has a valid reason for not appoint. ing the eligible promotional candidate having the (8) the date the appointed person's pay is to highest grade, the department head shall personally start. discuss the reason with the person being bypassed (c) If the director Intentionally fails to comply before appointing another person. The department with this section, the commis" shall immediately head shall also file the reason in writing with the remove the director from office, commission, the application of the bypassed eligible (d) The director's failure to cmmply with this sea promotional andidate, the reason the department tion does not affect the civil service status of an head did not appoint that person is subject to review employee, by the commission. Acts 1967, 70th (g) If a person is bypassed, the" ah. 119, 11, off. Sept 1, Sr. 1person's list name is ! 1/3-M. returned to its place on the etlpbility list and shall Temporary Duties in Higher ClasslA• 1 be resubmitted to the department head if a vacancy Ostia" occur. If the department head refuses three times (a) This section does not apply to a munkipality to appoint a peewA, files the reasons for the refus. with a population of 1.6 million or more. 6 als in writing with the commission, and the commis. (b) The department head may designate a person lion does not set aside the refusals, the person's from the next lower classification to temporarily fill tame shill be removed from the eligibility list, a position in a higher classifwtion, 71* designated 0) %:ch promotional eligibility list remains in Person is entitled to the base sakry of the higher existence for one year after the date on whkh the Position plus the person's own longevity or ssafority written examination is given, unless exhausted. At pay, educational incentive pay, and certif"tion pay the expiration of the one-year period, the eligibility during the time the person performs the duties. • • list expires and a new examination may be held. (c) The temporary performance of the duties of a ArtKndedby7AAsii9O, 71st114.es ch. 1 rJ ~f) eel. Aug. higher position by a person who has not been pro- 26. 1909. 6 construed pis proed by this chapter may not be 1 143.037. Itetord of Certification and Appoint. Aeu 1997, 10th Leg., ch. 119, f 1, off. Sept. 1, 1907. Mont 14 • 0 • c> • Age Oda I (Sections 143,039 to 143.040 reserved f 143,643, Fleld Training leer- Mat3rrnrerw for expansion) Pay SUBCHAPTER C, COMPENSATION (a) In this section' field training officer" means a member of the police department who is assigned { 143.041, Salary to and performs the duties and responsibilities of the field training officers program. (a) Thu section does not apply to a municipality with a population of 1.5 million or more. (b) The governing body of a municipality may (b) Except as provided by Section 143,038, all fire authorise assignment pay for field training officers, fighters or police officers in the same classification The assignment pay is in an amount and is payable an entitled to the acme base salary. under conditions set by ordinance and is in addition to the regular pay received by members of the (c) In addition to the base salary, each fin fighter police depisttnertt or police officer is entitled to each of the following types of pay, if applicable: (c) The department head is not *Wble for the (1) longevity or seniority pay; assignment pay authorized by this section, (2) educational incentive pay as authorized by Acts 1987, 70th In., ch. 149, 1 1, off. Sept I, 1967. Section 143,014; } 143,644. Certification and Educational Ineen• (3) assignment pay as authorised by Sections live Pay 143.042 and 143,043; (a) This section does not apply to a muafelpality N) certification pay as authorized by Section with a population of 1.5 million or more, 143.044; and (6) shift differentia) pay as authorized by Sec- (b) If each fire fighter or police officer in a mu• tion 143.047, niekpality Is afforded an opportunity to qua* for Acts 1967, 70th Leg., eh. 149, { 1, eff. Sept 1. 1967. certification, the municipality's governing body may Amended by Acts 1969, 71st Leg., ch. 1172, i 1, off, Aug, authorize ceritiffatlon pay fighters who 26, 1949. meet W requirements for cerdficatioa set by the Commission on Fin Protection Personnel Standards 143.642, Assignment Pay and Education or for thow polka officers who meet (a) This section does not apply to a municipality the requirements for certification set by the Coax with a population of 1.6 million or more. mission on Law Enforcement Officer Standards and (b) The governing body of a municipality may Education. authorize assignment pay for fine fighters and po. (c) If the criteria for educational incentive pay are Ike officers who perform specialized functions in clearly established, are in writing, and an applied their respective departments. equally to each fire fighter or police officer in a (c) The sass municipality who meets the criteria, the munkipaLL gnment pay is iu an amount and is ty'a governing body may authorize educadoeat In- payable under conditions set by ordinance and is in centive pay for each fin fighter or police officer addition to the regular pay received by members of who has successfully completed course at an car • the fire or police department credited college or university. (d) If the ordinance applies equally to each person (d) The certification pay and educational Incentive who meets the criteria hed by the the ordinance may provide foir payment tooeacch fiirre pay an in addition to a fire fighter's or police righter and police officer who meets training or officer's regular pay, education criteria for an assignment or the or& Acts 1967, 70th Leg., ch. 149, f 1, off. Sept 1, 1967. ranee may set criteria that provide for payment i/3,W5. Aeeumukatbn and Payment of 91ek only to it fire fighter or police officer in a special Lease assignment 0 (e) The head of the Are or police department is (a) A permanent or temporary fire fighter or police officer is allowed sick leave with pay accimu• not eligible for the assignment pay authorized by lated et the rate of 11/4 full working days for each this section. full month employed in a calendar year, so as to Acts 1967, 70th Leg., ch. 149, i 1, off. Sept 1, 1967. total lb working days to a person's credit each 12 s 15 4i Q e c~ • Agenda Item' months. or in the absence o ~terepe~efe>tative;.. to .the (b► A fire fighter or police officer may accumu• person determined to be entitled to the payment late sick leave without limit and may use the leave under the state law of descent and distribution. if unable to work because of a bons fide illness. If (e) Payment of compensation to a person in se• an ill fine fighter or police officer exhausts the sick cordance with Subsection (d) is a bar to recovery by leave and can conclusively prove that the illness was another person, incurred in the performance of duties, an extension Acu 1987, 70th Leg., ch. 119, 1 1, eft. Sept, I. 1987. of sick leave shall be granted. (e► Except as otherwise provided by Section 1 113.010, Vaestlons 113.110, a fire fighter or police officer who leaves (a) Emh fire fighter or police offlar is entitled to the classified service for any resson is entitled to earn • minimum of 15 working days' vacation leave receive in a lum"um payment the full amount of with pay in each year. the person's salary for accumulated sick Wave it the (b) In computing the length of time a fur fighter person has accumulated not more than 90 days of sick Wave. If a fire fighter or poll" officer has or police officer may be absent from perk on wa• accumulated more than 90 working days of sick lion leave, only than calendar days during which leave, the person's employer may limit payment to the person would be required to work if not on the amount that the person would have received if vacation may be counted as vacation days, the person had been allowed to use 90 days of (c) Unitas approved by the municipality's govern- accumulated sick leave during the last six months ing body, a fire fighter or polke officer may not of employment. The lump-sum payment Is comput• accumulate vacation leave from year to year. ed by eompensating the fire fighter or police officer Acts 1987, 70th Leg„ eh. 119, 1 1, off. Sept 1, 1967. for the accumulated time at the highest permanent pay classification for which the person was eligible } 113.017, Shift Differential Pay during the last six months of employment. The fire (a) The governing body of a municipality may fighter or police officer is paid for the some period authorise shift differential pay for fie fighters and for which the person would have been paid if the police offiars who work a shift in which more than person had taken the skit leave but does not include 50 percent of the time worked is after 6 p,m, and additional holidays and any sick leave or vacation before 6 a,m. time that the person might have accrued during the 90 days. (b) The shift differential pay Is in an amount and is yable under conditions met by and is (d) To facilitate the settlement of the accounts of in addition to the regular pay re eivediby members deceased fire fighters and police officers, all unpaid of the fire or police department compensation, including all accumulated sick leave, Acts 1969, 71st Leg„ eh. 1172 S, dL Aug. ti9, 1969, due at the time of death to an active fire fighter or police officer who dies as a result of a line-of-duty (Sections 143,018 to 143.050 reserved injury or illness, shall be paid to the persons in the for expansion) fist applicable category of the following prioritized list: SUBCHAPTER D. DISCIPLINARY ACTIONS • (1) to the beneficiary or beneficiaries the fire } 143.Ob1. Cause for Removal or SusrmsWo fighter or police officer designated In writing to receive the compensation and filed with the com• A commission rule prescribing cause for removal miasion before the person's death; or suspension of a fire fighter or police officer is M to the fire fighter's or police officer's widow not valid unless it involves one or more of the or widower, following grounds (3) to the fire fighter's or po)ke officer's child (1) conviction of a felony or other crime involv. p or children and to the descendants of a deceased Ing moral turpitude; • • child, by representation; 12) violations of a municipal charter provision; (1) to the fire fighter's or police officer's par. (3) acts of incompetency; ents or to their survivors; or 11► neglect of duty; (5) to the properly appointed legal represents. (51 discourtesy to the public or to a fellow five of the fire fighter's or police officer's estate, employee while the fire fighter or police officer is 16 • e r Agendaltom - - in the line of duty; (g) If offered by the department head, the fire (6) seta showing lack of good moral character; fighter or polite officer may agree In writing to (1) drinking intoxicants while on duty or intoxi- voluntarily accept, with no right of appeal, a sus' cation while off duty; pension of 16 to 90 calendar days for the violation (8) conduct prejudicial to good order; of a civil service rule. The fire fighter or police (9) refusal or neglect to pay just debts; officer must accept' the offer within five working (10) absence without leave; days after the date the offer is made. If the person refuses the offer and wants to appeal to the com• (11) shirking duty or cowardice at fires, if appli• mission, the person must file a writnn apps) with cable; or the commission within 16 days after the dale the (12) violation of to applicable fire or police de- person receives the copy of the written statement of partment rule or special order. suspension. Acts 1967, 70th Let., ch. 149, 1 t, elf. Sept t. 1961, (h) In the original written statement and charges Il 143.961, Disciplinary Suspension and in any hearing conducted under U& chapter, (,)'INS section does not apply to a municipality the depa ment head may no complain of an act .5 million or more. that occurred earlier than the 180th day preceding with a population of 1 the dais the department had suspends the fin (b) The head of the fire or police department may fighter or police officer, If the act Is slkegedly suspend afire fighter or polite officer under the related to criminal activity including the violation of department head's supervision or jurisdiction for a federal, state, or local law for which the fn the violation of a civil service rule. The suspension fighter or police officer is subject to a criminal may be for a reasonable period not to exceed 16 penalty, the department had may not eompWa of calendar days or for an Indefinite period, An indelF an act that is discovered earlier than the ISM day nice suspension is equivalent to dismissal from the preceding the data the department head suspenda department, the fire fighter or polies officer, TM department (c) If the department head suspends a fire fighter head must a)lege that the act complained of Is or police officer, the department head shall, within related to criminal activity, 120 hours after the hour of suspension, file a writ. Arta 1987, Toth Let., ch. 1~ li th, y f+. So 1,, IW, ten statement with the commission giving the na• Amended by Acts 1 989, ?let off. Aug. sons for the suspension. The department head shall 281190. immediately deliver a copy of the statement in per, + 143.033. Appal of Dioclpllnary Suspension son to the suspended fire fighter or police officer. (a) This sector dos not apply to a municipality statement must in. (d) The copy of the written form the suspended fire lighter or polite officer with a population of 1.6 million or more. that it the person wants to %f, cal to the commis- (bl It a suspended fire fighter of police officer lion, the person must file a written appeal with the appeals the suspension to the commission, the com. commission within 10 days after the date the person mission shall hold a hearing and rwnder a decision in receives the copy of the statement, writing within 30 days Our the data it naives (e) The written statement filed by the department notice of appeal' The suspended person and the • head with the comm(ion must point out each civil commission may agree to postpone the baring for a service rule alleged to have been violated by the definite period, suspended fire fighter or polite officer and must (t) in a hearing conducted under "section, the describe the alleged seta of the person that the department head is restricted to the department department head contends are in violation of the head's original written statement and charges, civil service rules. It is not sufficient for the des which may not be amended. partment had merely to refer to the nw,vubru of (d) The commission may deliberate the decision in • • the rules alleged to have been violated. closed session but may not consider evidence that (f) It the department head does not specifically was not presented at the hearing. The commission point out in the written statement the act or seta of shall vote In open session. tha fin fighter or police offr r that allegedly vio. (e) In its decision, the commission shall state fated the civil service rules, the commission shall whether the suspended fire fighter or pollee officer promptly reinstate the person. y; 17 I • r • grmdaNO (1) permanently dismissed from the Cue or po (e) A voluntary demotion in which the Are fighter lice department: or police officer has accepted the terms of the (2) temporarily suspended from the depart. demotion in writing is not subject to this section, ment; or Acts 1967, 70th LAC., ch. 119, t 1, eft. Scpt. 1, 1917. (a) restored to the person's former position or status in the department's classified service, } WAS& Uncompensated Duty of Police OM. (f) If the commission finds that the period of ten disciplinary suspension should be reduced, the com• (a) This section does not apply to a municipality mission may order a reduction in tM period of with a population of 1.6 million or more. suspension. If the suspended fire fighter or police ofl8osr is restored to the position or class of servioa (b) In this section, "uncompensated duty" mew from which the person was suspended, the fire days of pollee work without pay that are in addition fighter or polka officer is entitled to full compensa. to regular of normal work days, timer for the actual time lot u a result of the (c) The head of the polies department cosy snip suspension at the rate of pay provided for the a police officer under his jurledietioa or supervision position or class of serwke from which the person to uncompensated duty. TM department had may was suspended. not Impose uncompensated duty unless the police (g) The commission may suspend or dismiss a flee officer agrees to accept the duty. It the polls fighter or police officer only for violation of eivil officer agues to adapt uncompensated duty, the seevke rules and only Our a fmding by the can department had shall It" the person a written mission of the truth of specific charges spinet tM statement that spseiMs the data of data on which fire fighter or police officer, the parson will perform uncompensated duty. Acts 1W. 79th lAs., ch. 149, t 1, off. Sept 1, 1997. (d) Uncompensatsd duty may be In pko of or in 143,664, Demotions combination with a period of disciplinary suspension (a) If the head of the fur or police depam,tat without pay. If uncompensated duty Is combined wants a fire fighter or polka officer under his with a disciplinary suspension, the " number of supervision or jurisdiction to be involuntarily doom. uncompensated days may not exesed 16. ed, the department head may recomn►end in writing (e) A pollee officer may not sun or accrue say to the commission that the commission demote the wags. glary, or benefit arising from length of flea fighter Or polite offcer. service whkk the person is suspended or performing (b) TM department head must include in the reo- uncompensated duty. The days on which a poke omewndation for demotion the reasons the depart. officer performs assigned uncompensated duty may ment hsad reeomr,~ends the demotion and a request not be taken into emidention in determining #110 that the commission order the demotion. The de. bility for a promotional examination. A dieciplism pattment head must immediately furnish a copy of suapenslon dose, not toutitute a break in a toatinu• the reeomnundation in person to the affected fire oas position or in service In the dopartnwnt in fighter or police officer. determining eligibility for a promotional examim. • (e) roe commission may refuse too grant the n• Lion, quest for demotion, if the commission believes that (t) Except as provided by this section, a polka peobabk ause exists for ordering the demotion, the officer who performs aaigeed uncompensawd duty sommisabn shall rive the fin fighter or polka rsWns all rights and privilem of the person's officer written notice to appear before the commis position in the polite department and of the person's lion for a public hearing at a time and play speck. employment by the munk(pality. e lied in the rotke. The commission shall give the Arts 5967, 7t)th Lap., eh. 119, t I, eff. Sept. 1. 1967 notice before the lthh day before the data the • O hearing will be held. ! 14SAM, Proeeduns After roomy Indktawrit (di The fire fighter or police officer is entitled to or Mkdetrreaaor Complaint a full and complete public haring, and the commis. (a) If it fin fighter or pollee officer is indicted for sion may not demote a fire fighter or polls officer a felonry or offoWly eMMW with the commission without that public hearing. of a Class A or S misdemeanor, the departewnt 18 f I' . ca f s AgondaNo We head may temporarily suspend the person with cr delay to be necessary to protect a criminal investb without pay for a period not to exceed 30 days after illation of the person's conduct. If the department the date of final disposition of the specified felony head intends to order an indefinite suspension after indictment or mHemeanor complaint. the 180-day period, the department head must file (b) The department head shall notify the suspend. with the attorney general a statement describing ed fin righter or police officer in writing that, the the criminal investigation and its objectives within person is being temporarily suspended for a specific 180 days after the date the act complained of oa period with or without pay and that the temporary curred. suspension is not intended to reflect an opinion on Ana 198?, 70th LeC„ ch, 119, ! 1, off. Sept 1, 1987. the merits of the indictment or complaint 1 143,067. Hearing Examiners (c) If the action directly related w the felony (a) In addition to the other notice requiromente indictment or misdemeanor complaint occurred or prescribed by this chapter, the letter of disciplinary was discovered on or after the 180th day before the action issued to a rirn fighter or poke officer must date of the indictment or complaint, the department state that in an appeal of an indeMke suspension, a. head may, within 30 days after the date of final suspension, a promotional pauover, or a recom. disposition of the indictment or complaint, bring a mended demotion, the appealing Ni fighter or po. charge against the fire fighter or police officer for a lies offier may elect to appeal to an independent violation of civil service rules, third party hearing examiner Instead of to the cow (d) A fire righter or police officer indicted for a mission. The letter must also state that if the fire felony or officially charged with the commission of righter or police officer sleets to appeal to a hearing a Class A or 8 misdemeanor who has also been examiner, the person waives all rights to appeal to a charged by the department head with civil service district court except sa provided by Subm-don (p. violations directly related to the indictment or com• (b) To exereiae the choke of appealing to a hear. plaint may delay the civil service hearing for not ing examiner, the appealing fife fighter or polls more than 30 days after the data of the final dispoa officer must submit to the director a written re- sition of the indictment or complaint. quest as part of the original notice of (e) If the department head temporarily suspends quired under this chapter stating the person'ss deep Mon to appeal to an independent third party hearing a fin fighter or police officer under this section and examiner. the fire righter or police officer is not found guilty of the indictment or complaint in a court of compel (c) The hearing examiner's decision Is final and tent jurisdiction, the fire righter or police officer binding on all parties. If the fire fighter or police may appeal to the commission or to a hearing exam. officer decides to appeai to an Independent third finer for recovery of back pay. The commission or ply hearing examiner, the person automatically hearing examiner may award all or part of the back waives all rights to appeal to a district court crept pay or reject the appeal. ss provided by Subsection N. (f) Aequittrl or dismissal of an indictment or a (d) If the appealing firs fighter or police offer officeto a r r h and heathe ring examiner, the M chores to complaint does not mean that a fine fighter or pollee fighter poice appeal ® officer has not violated civil service rules and does te tr,ent head. or their designees, shall first attempt to ti"ree on the not nepte the charges that may have been or may selection of an impartial hearing examiner. If tM be brought against the fires fighter or police officer Pis do not by the department head. Knee on the $ election e examiner an or within 10 0 days s after after the a data the (g) Conviction of a felony is cause for dismissal, appeal is filed, the director shall immediately m ® and conviction of a Class A or H misdemeanor may quest a list of "von qualified neutral arbitrator be cause for disciplinary action nr indefinite suspen• from the American Arbitration Association or the • • son' federal Mediation and Conciliation Service, or their (h) The department head may order an Indefinito successors in function. TM fire fighter or police suspension based on an act classified so a felony or officer and the department head, or their designees, a Cis" A or B rtniadenk?anor after the 190-day may W" on one of the seven neutral arbitrator period following the dabs of the discovery of do act on the list If they do not Kra within five work. by the department if the deoatrorust head considers ing days after the date thev received the list, each 19 • I . ~ • l argl0No party or the party's designee shall alternate striking a name from the list and the name remaining is the 143.071, Leaves +0, Absence; Restriction Pm hIblW hearing examiner. The parties or their designees shall Agree on a date for the hearing. (a) If a sufficient number of fire flght'n or po• (e) The appeal hearing shall begin as soon as the lice officers Ore atailable to carry out the normal functions of the itre or police department, a fire hearing examiner can be scheduled. the hearing fighter or police officer may not be refused a tea. examiner cannot begin the besting within 46 teen, sonable leave of absence without dar days after the date of selection, the fire fighter rue or police school, cony ration, ora rreeting if the or police officer may, within two days after learning purpose of the school, co : nntlon, or meeting is to of that fact call for the selection of a new hearing secure a more efficient depe.-trnen and better work, examiner using the procedure prescribed by Subsec• ing conditions for department penon.wl. lion (d). (f) In each hearing conducted under this section, (b) A rule that affects a fire fghWeI or police the legislature he leg kglsslater right to appear before or to the hea rig examitmr has the same ducks and pow, petition officer 'n may not be adoptid. en as the commission, including the right to issue Acts 1987, 74th Leg., eh. 149, 1, eft, Sept 1, 1967. subpoenas. fix) In a hearing conducted under Gus section: the S 143.72. Mllitary Leave of Absence parties may agree to an expedited hearing pooce• (a) On written application of a rue fighter or dure. Unless otherwise agreed by the Partin, in an police officer, the commission shall grant the person expedited procedure the hearing examiner shall ren• a military leave of absenet without pay to enabk der a decision on the appeal within 10 days after the the person to enter a bra,rch of the United Statsa date the hearing ended. military service. The Wave of absents may not ih) In an appeal that does not involve an expedit• exceed the period of compulsory military Service or ed hearing procedure, the hearing examiner shall the bask minimum enlistment period for the branch make a reasonabk effort to render a decision on the of service the fire fighter or police officer enters, appeal within 30 days after the date the hearing (b) The commission shall grant to a fire fighter of ends or the briefs are 'riled. The hearing examiner's police officer a kayo of absence for 1•'tkl training inability to meet the time requirements imposed by or annual duty in the military reserves or the a&. this section does not affect the hearing examiner's tknal guard, jurisdiction, the validity of the disciplinary action, or (c) White a CLre fighter or pollee officer who r the hearing examiner's final decision. ceived a military leave of sbsettce serves in the (I) The hearing examiner's fees and expenses are military, the commission shall fill the person's post shared equally by the appealing fire fighter or Lion in the department in accordance with this chap. police officer and by the deportment. The costs of ter, The fire fighter oc police officer who full the a wiuwu are paid by the party who calls the position Is subject to replacement by the person who witness. received the military keys at thv time the person N A district court may hear an appeal of a hear. returns to active duty bt the department ing examiner's award only on the grounis that the (d) On termination of active military aerek#, a arbitration panel was without jurisdiction or exceed. faro fighter or police offku- who received a military ed Its Jurisdiction or that the order was procured by leave of absence under Vila section is entitled to be fraud, collnslon, or other unlawful means. An cep- reinstated to the position that the person held in the pea; must be brought in the district court having department at the timn the ksve of absence was jurisdiction in the municipality in which the fire or 8T<nttd it the Person; police department is located. 11) receives an honoraMv discharge; 6 Acts 1967, 1.0th US., ch. 119, ; 1, eff. Sept. 1, 7987. 12) remains physically and mentally fit to dis- (Sections 143.068 to 143.070 reserved charge the duties of that position; and • • for expansion) (3) makes an application for reinstatement within 90 days after the date the person is dls• SUBCHAPTER E. LEAVES charged from military service. 20 j 13 0 (e) On reinstatement, the fire fighter or police officer until the person officer shall receive full seniority credit for the time Acts 1987, 70th L*g„ ehp1fiff1'411me.(f. Sept. I, 1987 agent in the military service. tt - } 117,071, Regpointmeh~t After Reoeery From It) If the reinsatement of a fire fighter or police DlsabLlty officer who received a military leave of absence causes that person's replacement to be returned to a With the commission's approval and if otherwise lower position in grade or compensation, the re- qualified, a firs fighter or polite officer who has placed person has a preferential right to A subse- been certified by a physician selected by a fire quint appointment or promotion to the same or a fighters' or police officers' relief or retirement fund similar position from which the person was demot. As having recovered from A disability for which the ed. This p,.*ferential right has priority over an person has been receiving a monthly disability pen. eligibility lint and is subject to the replaced person aion is elip'bk for reappointment to the ckualfied remaining physically sod mentally fit to discharge Position that the person held on the date the person the duties of that position. qualified for the monthly disability pension, Ana IW7. 70th Leg„ ch. 149, ; 1, off. Sept. 1. 1987. Acts 1987. 70th Leg., eh. 149, 1 1, off. Sept. 1, 1987, 14d e77 I.Ine of Duty Illness or Injury !.cure (Sections 119,076 to 143.060 reserved for expansion) of Absence (a) A municipality shall Provide to a fire fighter SUBCHAPTER F. or Polite officer a leave of absence for an illness or MISCELLANEOUS PROVISIONS injury related to the person's line of duty. The 1 147,081. Determination of Phyuleal and MenW Wave is with full pay for a period commensurate Fitness with the nature of the line of duty illneu or injury, If necessary, the leave shall continue for at least (a) This section does not apply to a municipality one year, with a population of 1.6 million or more. (b) At the end of the one-year period, the munki• (b) If a question arises as to whether a fire fight- pality's governing body may extend the line of duty or or police officer is sufficiently physically or men. Illness or Injury leave at full or reduced pay. If the tally fit to continue the person's duties, the fire fire fighter's or polka officer's salary is reduced fighter or Polka officer shall submit to the commis. below 80 percent of the person's regular monthly lion a report from the person's personal physician, salary and the municipality has a fire fighter's or psychiatrist. or psychologist, as appropriate, polka officer's pension fund, the person may retire (c) If the commission, the department head, or the on pension until able to return to duty. fire fighter or polke officer questions the report, (c) If pension benefits are not available to a fire the commission shell appoint a physician, psychia• fighter or polka officer who is temporarily disabled trist, or payc.blogist, u appropriate, to examine the by a Wte of duty injury or illness and if the year at fire fighter or polka officer and to submit a report full pay and any extensions granted by the govern- to the commission, the department head, and the ing body have expired, the faro fighter or police Person' officer may use accumulated sick leave, vacation 'd) If the report of the appointed physician, pay. O time, and other accrued benefits before the person chia;rist, of psychologist, As appropriate, disagrees is placed on temporary leave, with V,. report of the fire fighter's or polk@ offi• (d) U a fire fighter or police officer is temporarily cars personal physician. Psychiatrist, or paycholo disabled by an injury or illness that is not related to gut, ss appropriate' the commission shall appoint a the person's line of duty, thA person may use all thrv*member board composed of a physician, a Psychiatrist, And a psychologlst, or any combination, sick leave, vacation time, and other accumulated as Appropriate, to examiw, the fire fighter or police e time before the person is placed on temporary leave. officer. The board's findings as to the person's O O (e) After recovery from a temporary disability, a fitrwas for duty shall datermine the issue, fire ugh ran icPoolk fi shall N ~n~n tedat le) The fire fighter or police officer shall pay the the sa person had bc.'ore going on temporary leave An. tat of the services iof the Perm's personal physr p&lity or paychobgist as Appropriate. other fire fighter or police officer may voluntarily Tian, psychiatrist, do the work of an injured fire fighter or police municipality shall pay All other coats, 21 ~ t) • ca • Acu 1917, 70th lag., ch. Sig, f 1, off. Sept. 1, 1987. service employee with all y Amended by Acts 1989, 71st Leg., ch. 1, 126th}. elf. Au. granted by Section 143.001. 28, 1919; Acts 1989, 1let Leg., ch. 890, f 1, Off. Aug. 2 t999 (b) A fire fighter or, police officer coverejly Subsection (a) is eligible to participate in earned 143,082, Efficiency Reports pension benefits. The person may buy back service (a) The commission may develop proper prose- crediu in the pension fund in which the permanent slum and rules for semiannual efficiency reports fire fighters or police officers in the department and grades for each lice fighter or police officer. have participated since that person's employment. The credits may be bought at a rate determined by (b) If the commission collet 3 efficiency reports the actuary of the affected pension fund. on fire fighters or potice officers, the commission Acts 1987, 70th lag., ch. 149, f I. off. Sept. 1, W. shall provide each person with a copy of that per- son's report. ; 143,1186, Force Reduction and Reinstatement (c) Wiithha 30 calendar days after the date a fire Ust fighter or police officer receives the copy of the (a) It a municipality's governing body adopts an person's efficiency report, the person may make a ordinance that vacates or abolishes a fire or police statement in writing concerning the efficiency re. department position, the fire fighter or police offh port The statement s a',l be placed in the person's car who holds that position shall be demoted to the personnel file with the efficiency report position immediately below the vacated or abolished Acts 1987, 70th Lag., ch. 149, f 1, eft. Sept. 1, 1987position. If one or more positions of equal rank are Amended by Acts 1989, 7lst Lag., ch. L f 2611), elf. Aug' . vacated or abolished, the fire fighters or police tf19, officers who have the least seniority in a position shall be demoted to the position immediately below 14&$U. Emergency Appointment of Tempo- the vacated or abolished position, It a fire fighter nary Fin Tighten and Police OM. or police officer Is demoted under " subssctlon cars without charges being filed against the person for (a) If a municipality is unable to recruit qualified violation of civil service rules, the fire fighter or fire fighters or police ofnc"re because of the maxi- po)tee officer shall be placed on a position rektaute- mum age limit prescribed by Section 143.023 and merit list in order of seniority. It the vacated or the municipality's govorning body finds that this abolished position Is filled or re-crested within one in ilti ty creates an emergency, the commission shall year after the date it was vacated or abolished, the roooratnend to the governing body additional rules position must be filled from the reinstatement list. governing the temporary employment of persons Appointments from the reinstatement list shall be who arc 30 years of age or older. made in order of seniority. A person who is not on the list may not be appointed to the position during (b) A person employed under this section; the one-year period until the reinstatement list is (1) is designated as a temporary employee; exhausted. (2) Is not eligible for pension benefits; (b) If a position in the lowest classification is (3) is not eligible for appointment or promotion abolished or vacated and a fire fighter or poll" if a permanent applicant or employee Is available; officer must be dismissed from the department, the fire fighter or police officer with the least seniority • (4) is not eligible to become a full, fledged civil shall be dismissed. If a tire fighter or pollee officer serviee employee; and is dismissed under this subsection without charges (5) must be dismissed before a permanent -Avil being filed against the person for violation of civil service employee may be dismissed under Section service rules, the fire fighter or police officer shall 143.085. be placed on a reinstatement list in order of aenlori• Aeu 1987, 70th lag., ch. 149, f 1, elf, Sept. 1, 1987, ty. Appointments from the rsinetatement list shall be made In order of seniority. Until the reinstate. 143.084, Civil Service Statue and Pension &n• ment list is exhausted, a person may not be appoint. • • enu for Certain Fire Figttters and M from an etlgibillty Not. When a person has been Police Oman on a rsinstatement list for thaw years, the person (a) Kach fire righter or police officer who, since shall be dropped from the lot but shall be restored December 31, 1969, his been continuously employed to the tint at the request of the communion. as a temporary employee under the provision co& Acts 1117, 70th Leg., ch. 149, f 1, Off, 9Opt. 1, 1987. fled as Section LOW has the full status of a civil, ; 143,066. Poll- sd Activities 22 kgoDdoNo _ (a) While in uniform or on active duty, a fire per'son's civil service fighter or police officer may not take an active part (c) A person commie aa~., [lane if the person in another person's political campaign for an gives money or anything of 4 Iwto`snother-person elective position of the municipality. in return for the other person's retirement or resig• IN For the purposes of this section, a person nation from the person's civil service position. takes An active part in a political campaign if the (d) An offense under this section is a Class A persont misdemeanor. (1) makes a political speech; Acu 1987, 70th Lea., ch. 149, 1 1, eff. Sept. 1, 1987. (2) distributes a card or other political liters. tune; } 113.999. Personnel File (3) writes a letter, (a) The director or the director's designee shall (1) signs a petition; mainWn a personnel file on each fire fighter and (b) actively and openly solicits votes; or police officer, The personnel rile must contain any (8) makes publk derogatory remarks about a letter, memorandum, or document relating to: candktate for an elective position of the municipal- (1) a commendation, eongntuistion, or honor kty. bestowed on the fire fighter or polka officer by a (c) A fve fighter or police officer may not be member of the public or by the employing depart. required to contribute to a political fund or to ment for an action, duty, or activity that relates render a political service to a person or party. A to the person's official duties; Are fighter or polka officer may not be removed, (2) any misconduct by the fu^e fighter or Polk* reduced in classification or salary, or otherwise Prot officer if the letter, memorandum, or document is udked for refusing to contribute to a political fund from the employing department and if the miecon• or to render a political service. duct resulted in disciplinary action by **employ. (d) A municipal official who attempts to violate ing department In accordance with this chapter, Subsection (c) violates this chapter. and (e) Except as expressly provided by this section, (3) the periodk evaluation of the fire fighter or the commission or the municipality's governing police officer by a supervisor, body may not restrict a fire fighter's or police (b) A letter, memorandum, or document relating officer's right to engage in a political activity. to alleged misconduct by the fire fighter or police Acts 1987, loth Ug., ch. 149, ; 1, off. Sept. 1, 1987. officer may not be placed in the person's personnel } 113,001, Strike Rrohlbltion file if the employing deparUmnt determines that there Is insufficient evidence to sustain the charge (a) A fire fighter or polka officer may not engage of misconduct in a strike against the governmental agency that emnlova the fire flRbter or polka officer. ;c1 A letter, memorandum, or document relating (b) In addition to the penalty prescribed by Sec. to disciplinary action taken agaknat the fin fighter lion 143.016, if a fire fighter or police officer is or police officer or to alleged misconduct by the fire convicted of an offense for violating this seetlon, righter or polka officer that Is placed in the per. the person shall be automatically released and dis• son's personnel file as provided by Subsection (aM2) charged from the fires or police department. After shall be removed from the employee's file if the the person is discharged from the department, the commission finds that: person may not receive any pay or compensation the dlaciplinary Action was liken without from public funds used to support the fire or police p) just (1 cause; or department Arta 1987, 70th Leg., ch. 149, ; I, eff. Sept. I, 1987. 12) the charge of mlmkuct was not supported by sufficient evidence, 143-M, Unlawful Resignation Of Retirement (d) It a nepdve letter, memorandum, document, (a) This section doxa, not apply to a municipality or other notation of negative Impact is included in a with a population of 1,6 million or more. fin fighter's or police officer's personnel file, the (b) A person commits an offense if the person dtnctor or the director's designee shall, within so accepts money or anything of value from Another days after the date of the inclusion, notify the person in return for retiring or resigning from the Affected fire fighter or polka otfker. The fire 23 • aos , • fightor or polka officer may, on or before the loth ~gryf8pJ0.~. day after the date of receipt of the notir"tion, file a written response to the negative letter, memoran ~g61 d2{fAR)~ . dum, document, or other notation. )alp (e) TAe fire fighter or police officer is entitled, on request, to a cony of any letter, memorandum, or document placed in the person's personnel file. The munkipaKty may charge the fire fighter or polite officer a reasonable fee not to exceed actual cost for soy copies provided under this subsection. (f) 'fife dinetor or the dkeetor's deal" may not r*k w any information contained in a fin fighter's or polka offker'o personnel file without first obtain. Mg the person's written permission, unless the re- Its" of the information Is required by law. (g) A M or Polito department may maintain a psrsommel file on a lire fighter or pollee officer employed by the departtneat for the department's vies, but the department may not relesse any infor• m d" wntaloed in the department file to any agen• cy at person requesting information relating to a M lighter or police officer. The department shelf refer to the director or the director's designs a porsoo or agency that requests information that is snalmtained In the fire fighter's or police officer's personnel file, Ada IM, tint, log eh. 1, 1 28(e), off. Aug. 28, 19". lAmealsd by Ada IM, ?let 4g., ch. I2ett,1 d!, off. Sept, 0 24 I • 1- ~ • Benda No agaotlaItem fbtf ATTACHMENT 2. CITY COUNCIL REPORT AFFIRMATIVE. ACTION RECRUITMENT RESULTS FOR FIRE RECRUIT AND OPTIONS (July 10, 1992) i i t • ~ (ly, 1 v 4 fF{y.la',a,1~.Y~IA • w • }1rr Gli1+ dl d1►NfibAil l~~iA1 *Ir,~,1,ra1 AuilfllN(, ~,t!_ N:x,rr~vkr f>~>v+I~V rRxai~eWr MRMEIA ARhI NN t4AfR~ 11.1 ii4: I4b9 Nil gpl6y IirK'NMni ~ANI'11f1vr PIrNHa11I II0411(1els Pill* a1NNNIPi•I4111IhII• irovhir•KaNn~ ttllgli 1'I11VI+AN ti. klltu'h, Itllhntn RNNb11YNY I'I4hN1H4 aslM,Ikr'fl N1!IIIl1Fl1' 1f "I'Okll 'IA1 KI111Ai41' I'Mlel'lll"Col' l-l=AMY INIIIVIDMIA4 FOR VIM Bkl•MNf I' MHk1WWO 04NII1Wh11114 fI1M I~1C1' nt IlM1lI1g1 IIrN It k1'IIH104N4 1111N HIAIIM vlyniflwAn> AtiF4uNFr Cn Dring llAtlt Mil +INIhrFpll 14iANr Ili iv` ;Il1NlN 111141 Will YIIN I1N1pF41iVM11~•. lillfPr;'t11nAF u It I it I ~Io i "Ml h k rl 411nN 141 }{1N NNI~1111+11411!4 1411111aMN u111'{4i ll"sl 11 440 k t AkA ~Ivi 3 Ohl l~tvio i ltu~ Anil I:hM nhlr I'll I i Hisihi Irl'I M Idbll 4i1pAr IiWwo,N1•N hAvk nuF hoon Muoo,Vt! 10 Thin h1I1Hlr1 will ltllnNl4NS11,04 111M 011111M 1040N 0hluslQIkpk4 f1Aa114 YFRf Idoi ill. Ihw Ionl,,I" ++t (hk o111All klov,M { fllo MNµINl4 K14ifilloo WIIANIin0lon 4RO flea 1+,111(hi" I11A1 Will 111 11111111 A pl Nl.li1•lkll el,mi Ilnli@Iolml (V" Ullir iINC• kNeRILI 40 NWIllt'M auCiv44ArR i11h Vol h"alHrl , V10lrr ANTI f 110 II?A('AIlNIM111 A IIAHN r+.14I111uA1r1 fMViIlI609 A1- 111111-AIHit IpN k,I%ok1k 1a+lv1IAlIigIN Ask 111ML+ullnbllblS' 11ia4xPi•YGI PIAkN•. T(1aAw i I IIl VIYll h i l lnA i11r 111lihl n ;AAm 114+IIhItH1 ALAI" (1)111lls i1 n I.AAIA1 Ito 'Al oil I, 4+ I+A111 Dill NN Illlll-Flelll- t1Ahi '1'0RAAII 01 A1M n1111111 A11 111 Ali ih Viii h R 11 11111 vvi11% 11 }A1 Mr1.1 Al As a SIOI hd111111 r+ 14A11 A,hhl lrAn IInIIAl All1. r4 1,04he A k I r• 1'pyAA r'rti 111hk „ feshAR f<, aNAi4~'A 114114"1 A111, !A)IIh r'lII I As I Ai11'r1}IagA r. 14'} i h~r'I41 I Fr}F •N'411 InAA1 }.•;111 h1 Ai1h cl Ain uRf1'pI MI{1 r+ 151AFH11I111 111A1p UiU4„.FI11n 11.1FN lurllnl rti,tlhr,p rlrll. rlf -III i H4111, 1•Ili A 10• tYomi Illphp I11'AI II lit 1 IilF k*N 1,146b I Ao Afl Ilit fw*oll 111 ilp i'IL1 r1I 11pt1 In AO h •+nlQtll lhi FM/11r+1rhl, sli NOW, •i( A i11'r110 i11\et i}Abtl, 11411M ill'bAlrililNll • of I HnFn FI IIrIh1Il A If, Ah fnl l,o"lb4 ~11'i'f)tl1 t'1 nil 111, A)M Il'I'N MI rp?) oo,wo • cy L. c~ v Memo - Betty McKean July 10, 199: Page 2 African American Hispanic OaucAaiAn Othotr male 1.21 5^ tA6 20 Female 172 19 109 11 Other recruiting efforts includes o Minority Job Expo At Southwest TexA0 State Univoreity o Clnco De Mayo Faatival in Denton o Examination announced on Hispanic radio station And Illack rAdin ntAtlon o Univereit too with job lines notified of upcomi. ny exAminAtion o Recruiting night, at MArtin Lothar Xing Jr. (MIX) pecreatinll Center Of those, the Minority Job Expo was the most eucceesfnl. A total of l41 Individuals gxrressed an Intereet in employment with the Clty of Denton. Mowever, due to the volume of part.iripAnts, it was not ixlsaihle to obtAill all exact summary -,f the diversity of the group. Thn othor• recruiting efforts did not appear to mpArk a significant Amount of tuteremt, Fivn ApplleAtlonA for the Fire examination were distributed at the Cinco De MAYO FeetlVAI And right distributed At the MLR Center. In order to sell the organitAtion to quality Applicants, it wnn Imppccl1rtAnt that quality recruiting material be mood. Theroforo, A new rocrni.ttng btoohute was developed and printed describing An exciting rarest with the city of t)onton File Department, A table top die~lAy board was Also puruhaoed to display plcturno to attract lndividuale to the ity of Dantnn recruiting table. The Fire bapartment also offered an orlontmtton nesslon And etutly tutnrlAl rot. any interested Applicant, Sixty Attended. iE#14t311A'~d411_A'IIIULxR , A total of 240 lndividuale took 00 Piro Ractult entrance exAm1. IJAV frill administered June 6, 1992. of the 223 that pasAOd, 11 (141) were iii A pkotortad class. The breakdown to on fallowsl African Amorican 6 Hispanic 8 Native American 9 Female )Caucasian) 12 An indicated on the attached eliylbllityy Iimt mummery, thin hlgheot rank of A protected class lndlv)duml is seven (7) wll1t a aeoro of 93. of the 22 Individual# who tie for f:hls rank, one Is An Hlapanlc MAIN And 0110 a NAtlve AIAArIC011 mate. • Although 93 IN An excel)sn! acor0, twenty-four (241 lndlvidualm mcorod hl her. M1no l?idividuals tie In ranking eight (8), with alto being in a protected clew . Nilrilar results existed In the entry examir•nt.IOn adminlat*red cr.tnber 19119 Aud ?Fu~ombor 1991, In 1989, 190 applicants worst tinted and 141 posmad, tsf t1,011e who passed 13 (9!) were In a protected CIAes. In NOV0mhAt 1991, 30 1111) of the 225 who peened the examination were in a proterted class. S A chart to almo attached which rnmparea 0thar Arna city fire departments to Denton, As you can see, the same litmus of bringing proterted class lndividuala • into ftra departments cxinte throughout the Area. APPOOIFI e . w e Memo - Betty McKean We July 10, 1992 Page 3 kAGAL Issu" The Fire Department's employment process in governed under Chapter 143 of the Texas Local Government Code (Sections 143.D21 - 143.026). In summary, this law mandates o A position may be filled only from an eligibility list that results from an examination. o An eligibility list may be created only as a result of a competitive examination held in the presence of each applicant for the position. o The entrance examination must be open, competitive and free to each person who makes proper application. o An applicant may not take an examination unless a least one other applicant taking the examination is present. (Examinations for beginning positions in the fire department may be held at different locations if each applicant takes the same examination and is examined in the presence of other applicants.) o The eligibility list sha_1 be kept in existence for a period of not less than six months or more than twelve months unles■ the names of all applicants on the list have been referred. The commission shall determine the length of the period. o Each applicant's grade on the written examination is based on a maximum grade of 100 percent and is determined entirely by the correctness of the applicant's answers to the questions. The minimum passing grade is 70 percent. o To fill a beginning position, the (Civil Service) director shall certify to the municipality's chief executive the names of the three persons having the highest grades on the e1J.gibility list. c From the three names certified, the chief executive shall appoint the person having the highest grade unless there is a valid reason why the person having the second or third highest grade should he appointed. Another law that has a significant impact on the hiring process is the Civil Rights Act of 1991. This low statesr "It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment e or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex or national origin." it also statesi "Except as otherwise provided in this title, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex or national origin was a motivating factor for any employment e practice, even though other factors also motivated the practice." In order to try to change some of the laws that create barriers to protected e e class hiring, the Texas Municipal League JTML) introduced a bill to the state Legislature in the 2991 session. This bill would allow the adoption of APPOOM e o i • Fonda No AflVdaltom_.. Memo - Betty McKean IZj(p _ July 10, 1992 Page 4 Affirmative Action Programs to select Individuals pursuant to an Affirmative Action Program. However, they were unsuccessful in obtaJ.ning a hearing for this bill. OPTIONS Some options are offered below to hire protected class Individuals Into the Fire Department. The consequences of each of these are also outlined. Option I - Invalidate current eligibility list and dive another examination This examination could be given at a location outside of Denton designed to attract a larger number of protected class individuals to take the examination. (For example, a university with a predominantly African American student populations or at Southwest Texas State University in San Marcos which already attracts a large number of protected class individuals at the annual Minority Job Expo. 9-0129-mm" 1. Unless the test was administered in an area that had a predominantly protected class population, there would be no guarantee that giving another test would produce the desired results, 2. A significant increase in expenses would be incurred for the following reasonsl a) cost to purchase additional tests (The cost of the test is $25 for the first 10 and $10 for each additional examination. If 250 more individuals were tested, the cost would be $2,650 plus shipping. Approximately this amount of money has already been spent for the June examination.) a b) Travelling ..,.to for test administrators and proctors (Approximately t -se days would be needed to prepare for and administer the examination. If 250 applicants are anticipated, approximately nine people would be needed to proctor, administer and score the examination.) c) Possible charges for testing facility d) Costs for additional advertising to attract a large turnout • 3. The Civil Service Law mandates that an eligibility list is valid for no lose than 6 months or more that 12 months, to be determined by the civil Service Commission. The length of the list is determined prior to posting the examination. The Fire Department generally does not have many vacancies to fill, thus not needing to test frequently. Therefore, the commission determined the current list be approved for 12 months. Unless there Is a valid reason to pass over ever} person on the list, by law, this list is in affect for one year, • 4. A negative image may occur from the citizens for making the hiring process more difficult for Denton citizens, APPOO M • sa 0 _ Ag6rtdaNo Agontlaltam,,-._._ Memo - Betty McKean July 10, 1992 Page 5 5. it is anticipated the Fire Fighters Association on both the local and state level would intervene on behalf of the individuals not selected, Option II- Pass over indlvicjuals on the eligibility list to nroteoted claeg individuals, he stated previously, 21 people would be passed over Wore the first protected class individual could be considered. Consequences 1. There is no guarantee the highest ranked protected class individual would pass all portions of the selection process (i.e. physical ability test, medical examination, background check), 2. This would be in violation of the Civil Rights Act of 1991 referenced above which prohibits employment practices or altering the results of employment related tests on the basis of race, color, religion, fox or national origin. 3. This option would also be in violation of the Civil Service Law that mandates the person with the highest score be hired unless a valid reason exists to pass that person over. 4. he in Option 7, it in anticipated the Fire Fighters Association on both the local and state level would intervene on behalf of the individuals not selected, 5. The City of Tyler recently lost a lawsuit to the District Court for passing individuals over to hire a protected class individual. This suit is currently being appealed in Federal Court, option III - Do not hire off this list and wait until list expires ijung 19931, Coaseguenpga, 1, Although no legal ramifications exiat, if no one is hired off this list, no staffing would exist for the new fire station, 2. As stated above, the cost to tent 250 applicants is $2,650 plus shipping. Approximately this amount of money has already been spent to give the last examination. 3. A failure to hire will not allow the Fire Department to substantially reduce overtime coats, which is a current budget issue. • Qption jV - Hire cff the current eligibility list a■ nQrmal and ;p accordance with the laws., Consequences 1, No legal ramificationa would exist and proper staffing wou!A occur. 2. This opti-r would perpetuate the problem of having no protected class • indivldv in sworn positions in the Fire Dspartmer,t. option V - Hire enough staff off the current p.I ",ility list to reduce.tiht • • Overtime problem, but do notes hl re addition 1 atff until after current / expires. After the current list expires, we can look at either testing at APPOOM • r apendarou__ Agenda ltolrL memo - Betty McKean Datb July 10, 1992 Page 6 a predominantly protected class population area, or ones again try to change state Legislation. Conseouences 1. No legal ramifications would exist and proper staffing would occur. 2. No guarantee exists that a bill allowing Affirmative Action Pro?rams would be passed before the next examination was administered (especially with the Civil Rights Act of 1991). 3. As discussed above, signlficantly higher costs would exist to administer the examination outeldw the Denton area. However, if the test were not administered outside the Denton area, no guarantee would exist the outcome of the eligibility list would be as desired. on on Vj - Create different eligibility. lists and rotate hirlnc troy each lister The City of Beaumont currently uses the practice of having a list of Caucasian males, minority males, and females. As positions become vacant they are filled on a rotation basis from the different lists. 9onssaus "I 1. This would be in violation with the Civil Service Law which basically says that hiring must be done off an eligibility list with the highost scoring person bring the first considered unless a valid reason exists to pass over to the second highest scoring person. 2. This would also be in violation of the Civil Rights Act of 1991 which states that employment practices based on race, gander, rsligica national origin are pr;hibitsd. 3. Currently Beaumont's Police and Fire Associations are challenging this hiring practice and the results not yet known. This memo clearly outlines the practical predicament the City faces to improve its commitment to hire protected class individuals. we have done everything we know to stay within the legal %.:,unds of the law. we are now asking the Counoil to weigh the pros and cons of the outlined options and make some political decisions in directing the rtaft to the next step in improving our commitment to a diversified workforce. If further information is needed, please lot me know. • T omas nc attachments APP0011'1 i s Nil" • • SLi0IBILITY LIST SUKKAAY F RAK[ RACiOoza" •COA= 1 Caucasian male 300 7 Caucaslar. Kale 99 3 Caucasian male 97 3 Caucasian male 97 4 Caucasian Kale 96 4 Caucasian Kale 96 4 Caucasian male 96 _ 4 Caucasian male 96 4 Caucasian male 96 S Caucasian Kale 95 5 Caucasian make 95 6 Caucasian male 95 S Caucasian Kale 95 5 Caucasian 1. s 95 5 Caucasian Kale 95 6 Caucasian Kale 94 6 Caucasian male 94 6 Caucasian Kale 94 6 Caucasian male 94 6 Caucasian male 9,1 6 Caucasian male 94 • 6 Caucasian male 94 6 Caucasian male 94 6 Caucasian Kale 94 7 aim-41, ic Kale 93 7 Native Aaericaa Kale 93 ® • • Caucasian Krle 93 J L 7 _ Caucasian Kale 93 APPOOM • c~ • gencla~u w--- RANK RACI o6MD0t SCORX 7 Caucasian male 93 7 Caucasian make 93 7 Caucasian Mal* 93 7 Caucasian Male 93 7 Caucasian Male 93 7 Caucasian male '+3 7 Caucasian Male 93 7 Caucasian male 93 7 Caucasian _ Male 93 7 Caucasian male 93 7 Caucasian Male 93 7 Caucasian Mal• 93 7 Caucasian male 93 7 Caucasian male 93 7 Caucasian Male 93 7 Caucasian Male 93 7 Caucasian Male 93 7 Caucasian male 93 g Katite Aleericne Mats 92 g Caucasian_ Mal• 92 g Caucasian male 92 g Caucasian Male 92 g Caucasian male 92 g Caucasian Male 92 • g Caucasian Male 92 g Caucasian male 92 g Caucasian male 92 9 Nis aaic Male 91 9 tls aaic Male 91 A q Caucasian male 91 • • y Caucasian male 91 y Caucasian Male 91 APPOOIFI • • 0 Q 0 RA1(R RACK QWWZR aCORi q Caucasian male 91 q Caucasian Male 91 q Caucasian Male 91 9 Caucasian Male 91 L 10q Caucasian Male 91 10 Caucasian male 90 10 Caucasian stale 90 10 Caucasian male 90 Caucasian Male 90 10 Caucasian Male 90 10 CauCaaLan _ Male 90 10 Caucasian Male 90 10 Caucasian male 90 10 Caucasian male 90 10 Caucasian male 90 1p Caucasian male 90 11 Cauca aian resale 19 ll Caucasian resale 89 11 African American Kale 89 11 Caucasian male 89 11 Caucasian male 89 11 Caucasian male 89 11 Caucasian male 89 11 Caucasian Male 89 11 Caucasian We 89 • 11 Caucasian We 89 11 Caucasian male 89 11 Caucasian male 89 12 Caucasian ►esale N 12 Caucasian male ae 88 • p ® 11 Caucasian We 88 12 Caucasian We APP001FI • • RAIM MCs Of"NR SCOai 11 N 12 Caucasian kale as 12 Caucasian Male so 12 Caucasian male 86 12 Caucasian Male so 12 Caucasian male as 12 Caucasian Male as 12 _ Caucasian male as 12 Caucasian Male 68 13 ■i~ rp oho _ Kale 67 13 Ca40a laa resale 67 13 Caucrslan male 87 13 Caucasian male 87 13 Caucasian male 67 13 Caucasian Male 07 13 Caucasian Male 87 13 Caucasian _ Male 87 13 Caucasian Male 87 13 Caucasian Ma1a _ 87 13 Caucasian Mr.• _ 67 13 Caucasian Male 67 13 Caucasian male s? 13 Caucasian Male 87 13 Caucasian Male 87 13 Caucasian Male 67 13 Caucasian Male 87 • 13 ouucasian Mole 87 13 Caucasian Male 67 13 Caucasian Male 87 13 Caucasian male 67 13 Caucasian male 67 • 14 Caucasian Male _ 66 • 11 Caucasian Male 96 APPOOI 'I I I 17, • Q • kri an~altom _ . RANK RACE GOMER SCOPIX if 14 Caucasian kale 66 14 Caucasian Male 86 14 Caucasian Male 86 14 Caucasian Male 86 14 Caucasian make 86 14 Caucasian Male 66 is elricas Americas (tale 85 1s Native American Bale 89 1s Caucasian Male as 16 Caucasian Male as is Caucasian Male as 18 Caucasian Male as is Caucasian Male as 1s Caucasian male 86 1s Caucasian Male as is Caucasian Mal* as 1s Caucasian male as is Caucasias resale 84 16 Caucasian male 84 16 Caucasian Male 84 16 Caucasian male 84 16 Caucasian Male 84 16 Caucasian male 64 16 Caucasian male 84 16 Caucasian Male 84 • 16 Caucasian Mal* 84 16 Caucasian Mal• 84 16 Caucasian Male 84 16 Caucasian male 84 16 Caucasian Male 64 • 17 Caucasian resale 63 • • 17 Caucasian Male 63 APPOOlFl ♦ RAMR RACS 09"an SCORE 17 Caucasian Male 83 17 Caucasian Male 83 17 Caucasian Male 83 17 Caucasian Male 83 is Els alo Mal* $2 18 Caucasian Male 62 is Caucasian male 82 18 Caucasian male 62 1s Caucasian male 62 1s Caucasian Male 82 is Caucasian male 82 is Caucasian Male 82 19 African American Male $l 19 Caucasian Male $1 19 Caucasian male al 19 Caucasian male 81 19 Caucasian male el 19 Caucasian male ax 19 Caucasian male 81 20 Caucasian Female 80 20 Cmucssias resale to 20 Caucasian Fanale to 20 Eis nio Male s0 20 Eis sic Malt s0 10 Caucasian Male s0 20 Caucasian male 80 20 Caucasian _ Male s0 20 Caucasian male 80 21 Caucasian Female 79 21 Caucasian male 79 d 21 Caucasian Mal* 19 21 Caucasian Mals 79 APP OO M i i ♦ 0 • _ ca • !Anil RAGS "Noma tCOR>7 21 Caucasian Hold 79 21 Caucasian Hate 19 21 Caucasian Half 79 21 Caucasian Half 7S 21 Caucasian Halo 79 21 Caucasian Ma) f 79 32 fative Asrri_sa mAlf 7t 12 Native Aefricaa Bala 76 22 Caucastan male 7t 22 Caucasian male 7t 23 Caucasian male 77 23 Caucasian male 71 23 Caucasian Malf 77 23 Caucasian Male 77 24 Alricaa Aseriaas Halo 76 24 Caucasian male 76 24 Caucasian Hale 76 24 Caucasian Male 16 2s African ,Aso rieas Male TS 24 Africa* American Mall 75 26 Caucasian We 74 26 Caucasian male 74 26 Caucasian Male 74 27 Nis sic male Ti 27 Camossiss ?*"Is 13 • 21 Caucasian Mal* 73 2T Caucasian Half 73 27 Caucasian mile 73 27 Caucasian mile 73 2t Caucasian Male r2 , 26 Male 72 • Caucasian 26Caucasian Male 72 Appooirl 1 • as • . - "*No h~te m RAO Gza" SCONX . Z...~_ tiauUn t 1• 71 Cauau lan ma • 71 79 Cau~a~lan Ma l• 71 • APpOt1SFS 4► ea a Dale - - ETHNIV/GENDER DISTRIOUTION OF SELECTED METROPLEX FIRE DEPARTMENTS Gender Ethnicity Total % City Male Female ' C---.-_ AA_-°--- H------_ 0----Caucasian Arlin" 278 16 i 280 1 6 1 96% Addison 61 1 ; 61 0 1 0 98% ' 0 98% Carrollton* "116 3 i 116 0 2 Dallas 1496 63 ; 1070 294 99 66 70% Denton 91 6 99 0 0 0 100% ce„ Worth* 644 12 ; 607 80 67 2 71% I Garlands 211 4 209 4 2 0 91% ' 0 1 98% Grand Prairie* 134 4 136 2 ' Irv in9e 244 2 ~ 237 1 4 2 91% Planoa 113 12 ; lie 3 3 2 96% Richardson* 136 3 ; 137 0 1 0 on C: Caucasian AA L African Aororican H a Hispanic 0 v Other r *city under Chapter 143 Civil Service Law S"CE: Texas State Association of Fire Fighters Annual Statewide A Salary Survey 1992 FIREMETRO r 1 .;fir i rtil i+ft!Iw~r ~{'lt~l ++r i~'4!Srl°7•.'€~ i . 1 • Agenda No A90nda1taq----. _w f7ote.._ ETHNIC/GENDER DISTRIBUTION OF SELECTED METROPLEX FIRE DEPARTMENTS Gender Ethnicity Total % City We Female C AA H 0 Caucasian Arlington 278 18 ; 280 7 6 1 96% Addison 61 1 ; bt 0 1 0 96% Carrollton* 116 3 ; 116 0 2 0 98% Dallas 1466 63 1070 294 99 56 70% Denton* 91 8 99 0 0 0 100% Ft. Worth* 844 12 ; 507 80 67 2 77% uarland• 211 4 ; 209 4 2 0 97% Grand Prairie* 138 4 ; 135 2 0 1 98% Irving* 244 2 ; 231 1 4 2 97% Plane 113 12 178 3 3 2 96% Richardson* 136 3 ; 137 0 1 0 99% C 2 Caucasian AA - African American H = Hispanic 0 v Other • *city under Chapter 143 Civil Service Law SOURCE: Texas State Association of Fire Fighters Annual Statewide Salary Survey 1992 FIREMETRO • t • ATTACHMENT 3. 1993/94 RECRUITMENT EFFORTS 1994/95 RECRUITMENT EFFORTS AND RESULTS FROM CIVIL SERVICE EXAMINATIONS: FIRE RECRUIT EXAM - JULY 30, 1994 POLICE RECRUIT EXAM - NOVEMBER 20, 1995 POLICE RECRUIT EXAM - MAY 20, 1995 • KM I 1 1 ~ pb / L r Oy y • ggoodaNa~_._._-..--•~- ON-BITE RECRUITING VISITS q onda~iem,..^--- FY 1993-94 LOCATION14 East Texas State University 10/20/93 Commerce, TX ' Ft. Worth Working Connection 10/29/93 Ft. Worth, TX San Antonio Colleges & Universities Placement Association (SACUPA) 11/18/93 Ban Antonio, TX Non-Cammiseioned Officers Aesociation (NCOA) 12/09/93 San Antonio, TX Grambling State University 01/31/94 Monroe, LA Louisiana State University 02/02/94 Baton Rouge, Lh Southwest Texas State University 02/09J94 San Marcos, TX I Texan Job Fair 02/22/:'4 Houston, TX East Texas State University 02/23/94 Commerce, TX Northeast Oklahoma State University 03/01/94 Muskogee, OX Houston-Tillotson College 03/02/94 ' Austin, TX Texas Woman's University 03/02/94 Denton, TX University of TX - Pan American 03/08/94 Edinburg, TX Texas A&M - Kingsville 03/09/94 Kingsville, TX Texas A&M - International 03/10/94 • Laredo, TX Kelly Air Force Bane 03/16/94 San Antonio, Ty. Wiley college 03/22/94 Marshall, TX Jarvis Christian College 03/23/94 • Hawkins, TX • Texas College 03/24/94 Tyler, TX APP00892 • • a ri>'t ~ h ; 'phi; r~ • 1- a • 1. ON-SITE RECRUITING VISITS FY 1993-94, Cont. Page 2 TSB----- LOCATION eATS Ft. Worth State School 03/25/94 Ft. Worth, TX incarnate Word College 03/30/94 San Antonio, TX University of Texas - San Antonio 03/11/94 San Antonio, TX University of North Texas 04/07/94 Denton, TX Central Texas College 04/07/94 Killeen, TX Minority Career Expo 04/08/94 San Marcos, TX Tarrant County Jr. College 04/13/94 Ft. Worth, TX Northease Louisiana State University 04/15/94 Monroe, LA Ft. Worth Working Connection 05/20/94 Ft. Worth, TX i Non-Commissioned officers' Association (NCOA) 06/08/94 San Antonio, TX Hispanic Firefighters' Convention 06/15/94 Dallas, TX 06/16/94 University of North Texas 39/14/94 Denton, TX Ft. Sam ::ouston 09/22/94 San Antonio, TX Texas Woman's Univernity 09/29/94 Denton, TX A City of Denton Recruiters include representatives from Human Resources, Police and Fire Departments. City of Denton Recruiters attended 33 career/job fairs throughout fisc^.1 year 1993-94. - APP00892 • • is , r?~~ H z , ..A • Of)dd NO ON-SITS "CR.UITINO VISITS AAadItom-, - FY .t994-95 We - CATION OATS Corpus Christi Consortium 10/11/94 Corpus Christi, TX East Texas State University 10/25/94 Commerce, TX Southwest Texas State University 11/10/94 San Marcos, TX { Emergency Medical Services Conference 11/14/94 Ft. Worth, TX San Antonio Colleges & Universities Placement Association (SACUPA) 11/17/94 San Antonio, TX Non-Commissioned officers' Association (NCOA) 12/09/94 San Antonio, TX University of Texas - Austin 02/01/95 Austin, TX Southwest Texas State University 02/13/95 San Marcos, Tx Texas Job Fair 02/15/95 Houston, TX East Texas State University 02/22/95 Commerce, TX Northeast Oklahoma State University 03/01/95 Muskogee, OK Texas Woman's University 03/02/95 Denton, TX University of TX - Pan American 03/07/95 Edinburg, TX Texas A&M - Kingsville 03/09/95 Kingsville, TX University of North Texas 03/08/95 • Denton, TX Tyler Jr, College 03/19/95 Tyler, TX Wiley College 03/21/95 Marshall, TX Jarvis Chriatlan College 03/22/95 O Hawkins, TX • « Taxes College 03/23/95 Tyler, TX APP00892 • - • ~ I]♦21~r ~:~~.$4~~~Sp~y 1(~1j{(~~il~ I~YY( ~ ~~~Y Ag6ntlalieol,,-------------- ON-SITE RECRUITING VISITS FY 1994-95, Cont. Q3ie^- Page 2 x6?ShcT341! GATE Ft. Sill 03/24/95 Lawton, OR University of Texas - San Antonio 03/30/95 1 San Antonio, TX j Stephen F. Austin State University 03/31/95 Nacogdoches, TX Central Texas College 04/05/95 Killeen, TX ' Minority career Expo 04/07/95 Ban Marcos, TX i Ft. Worth Working connection 05/05/95 i Ft. Worth, TX Ft. Worth State School 06/16/95 Ft. Worth, TX Hispanic Firefighters' Convention 06/16/95 Dallas, TX 06/17/95 Central Texas College 08/17/95 Killeen, TX 08/18/96 University of North Texas 09/13/95 Denton, TX Texas Woman's University 09/28/95 i Denton, TX City of Denton Recruiters include representatives from Human Resources, Polio* and Fire Departments. City of Denton Recruiters attanded/will attend 29 career/job faire throughout fiscal year 1994-96. fPP00892 0 ~krc~~4A tr • • 408nda No. DENTON FIRE DEPARTMENT CIVIL SERVICE ENTRY LEVEL EXAA'0 JULY 30, 1994 7~atua 1. .L~El. Applications Mailed 1087 Applications Returned 303 28% Applicants Tested 195 64% Applicants Passing 188 96% Protected Class Applicants Tested 33 17% Protected Class Applicants Passing 33 100% i Ethnic Breakdown of Applicants Tested African American r, 4% Asian 1 .5% Caucasian 173 89% Hispanic 12 6% Native American 1 .5% Gender Breakdown of Applicants Tested Female 16 8% Male 179 92% Educational Level of Applicants Tested All applicants taking the entry level fire exam must possess a High School Diploma or GED plus a minimum of 12 college hours. Method of Applicant Awareness of Opening Personal Inquiry 93 48% Job Fair 102 52% Job Fairs Attended by Applicants • City of Donton Recruiters attended 33 Career/Job Fairs throughout Texas, Oklahoma and Louisiana, FY 1993-94. Number of Vacancies/Positions To Be Filled 0 e ~ • e APP008ED • r ins y.,, i~ ~ r ,,nr•x1~,1~;~ c4~li' • ~gondaNo _ --,w DENTON POLICE DEPARTMENT 4~0}da~IBf CIVIL SERVICE ENTRY LEVEL EXAM SIP NOVEMBER 20, 1994 Ratual1 Applications Mailed 525+ Applications Returned 193 37% Applicants Tested 134 70% Applicants Passing 108 81% Protected Class Applicants Tested 31 23% Protected Class Appl.icants Passing 8 26% Ethnic Breakdown of Applicants Tested African American 3 2% Caucasian 109 81$ Hispanic 13 10% Native American 6 5% Other 3 2% Gender Breakdown of Applicants Tested Female it 8% Male 123 92% Educational Level of Applicants Tested At least one year of college 91 68% Bachelor's Degree 40 30% Method of Applicant Awareness of Openijig Personal Inquiry ill 83% Job Fair 23 17% • Job Fairs Attended by Applicants East Texas State University Northeast Louisiana State University Stephen F. Austin State University University of North Texas • Number of Vacancies/Positions To Be Filled 4 • Number of Protected Class Applicants Hired 1 APP008ED • m • r DENTON POLICE DEPARTMENT CIVIL SERVICE ENTRY LEVEL EXAM MAY 20, 1995 Agtual Lek! Applications Mailed 500+ Applications Returned 247 50% Applicants Tested 147 60%* Applicants Passing 116 79% Protected Class Applicants Tested 40 27% Protected Class Applicants Passing 23 5t. * Low turnout at least partially attributed to Ft. Worth PD's entry level test given same day with 100 openings advertised. Ethnic Breakdown of Applicants Tested African American 11 7% Asian 3 2% Caucasian 119 81% Hispanic 10 7% Native American 3 2% Other 1 1% Gender Breakdown of Applicants Tested Female 16 11% Male 131 89% Educational Level of Applicants Tested At least one year of college 109 74% Bachelor's Degree 49 33% v Method of Applicant Awareness of Opening Persona], Inquiry 113 77% Job Fair 34 23% I~ f Job Fairs Attended by Applicants • East Texas State Univ. Tyler Jr. College Northeast Louisiana State Univ. Univ. of North Texas Northeast Oklahoma state Univ. Univ. of Texas-Pan American Southwest Texas State Univ. Univ. of Texas-San Antonio Stephen F. Austin State Univ. Wiley College • Number of Vacancies/ Positions To Be Filled 4 - • • i ' APPOOBED 0 c, 1:7 IT 1: T CITY MI F+ CO'UJNCIL r c o~ ar ~ N e © Nro"t~~00~ ~ O O C s • ~ J DATE: July 11, 1995 CITY C4_VNCI.L f2EPORT STUDY SESSION TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Health Insurance and Actuarial Consultant RKC M_UNPAIILN._ It is the staff's recommendation that the City Council authorize the City Manager to enter into a health insurance and actuarial consulting contract with Foster Higgins, Inc., Foster Higgins is a nationally recognized firm specializing in employee benefits, specifically health insurance. The firm will provide health insurance consulting, actuarial, and negotiation servicos for the City to ensure an effective, cost efficient Group Health Insurance Program is maintained for employees and dependents. SUMMARY: A health insurance and actuarial consultant bid was issued on June 26, '`195. Bids were received and opened July 10, 1995, Only one firrr ubmitted a bid and it met all bid specifications. The firm of Foster Higgins, Inc. submitted the bid. This bid will be analyzed and brought for City Council consideration at the July 19, 1995 meeting. A summary of Foster Higgins' proposed services are (see Attachment I for details and costs): 1. Evaluating and providing recommendations on current and future overall strategic plan, goals, objectives, etc.; assist in evaluating any local or national health care issues and assist with compliance of any required mandates. 2. Evaluating the quality of Harris Methodist services for employees and their dependents and negotiating premium and coverage issues with Harris that are in the best interest of the City and employees. 3. Develop bid specifications for a re-bid of the Group Health Insurance Program to be finalized for plan year January 1, 1997 - December 31, 1997, including alternatives for retiree health insurance, ' 4. if required, provide assistance in effectively switching to a new health insurance program and insurance carrier, including communication with employees, new billing arrangements, etc. 5. Evaluate and provide recommendations on claims and administrative expense cost. • • July 11, 1995 CM Report to City Council - Health Insurance Consultant Page 2 The City's contract with Harris Methodist provides for one additional renewal period of 12 months. We are in our second year with Harris Methodist, and we are in negotiations for the third year renewal. The contract with Harris Methodist provides for a maximum renewal increase in rates of 16%. However, preliminary indications are that with our claims experience the renewal rate will "not exceed" 996, With a very competitive market for health insurance, we believe our rate increase should be less than 6% affective January 1, 1996. One factor under consideration with the Harris Methodist renewal is that the 6mplo~ees and dependents are reporting an extremely favorable impression of Harris' commitment to customer service. We feel that this is an important factor in considering a third year renewal with Harris Methodist. Another important factor is that the City has changed health insurance carriers every 2 years. When a new carrier is implemented, the employee and dependents (if covered) must learn the new coverages, new co-payments, new network doctors and other health care providers. Thus, the stability with the same carrier for health insurance is important to employee morale. Additionally, Harris Methodist is establishing a good, sound reputation with the local doctors, hospitals, and other health care providers in and around Denton. Thus, current plans are to evaluate and negotiate an acceptable rate renewal with Harris Methodist Health Plan (the City's current provider for group health insurance) for plan year January 1 to December 31, 1996. In the event an acceptable renewal rate is not achieved with Harris Methodist, the City would need to immediately develop bid specifications for the health insurance program, consider and evaluate bids and implement a program with a new carrier to be effective by January 1, 1996. A contract with a nationally recognized health insurance and actuarial consulting firm, such as Foster Higgins, Inc., would provide the City with leverage in negotiations with Harris Methodist. Foster Higgins is a full-service employee benefit • consulting firm specializing in health and actuarial services. A complete description of the Foster Higgins consulting team that will be servicing the City, with Council's approval, is shown in Attachment II. It is staff's recommendation that a contract with Foster Higgins would only improve the City's position to receive a favorable re- rate negotiation with Harris Methodist and provide professional • expertise in health insurance and actuarial cervices. This will ensure the City maintains a cost effective end quality health -insurance program for employees and their dependents. By using a health insurance and actuarial consultant, the City has been able to keep health insurance costs below national trends for employers our size. Our current cost of $2,268 par employee per year are I t,l"t y s • • Gonda No gerldallem_,.............r...--- July 11, 1995 CM Report to city Council - Health Insurance Consultant Page 3 approximately $1.300 per employee per year lower than local governments nationally. Historically, it has been the City's position to retain the services of a health insurance consultant. The City of Denton, with Council's approval, retained the professional services of Coopers & Lybrand from October, 1988, until the end of December, 1993. The services provided by this consultant were instrumental in gaining a favorable premium with re-rate negotiations, The consultant's staff successfully assisted with the tranaition from one health insurance provider to another. The complex changes were completed in a smooth and an uninterrupted mariner reducing disruptions for employees. dependents, and city administration (s?e Attachment III). Of equal importance, the health insurance and actuarial services have been instrumental in the City being able to provide and maintain quality health insurance for employees aril dependents at significantly lower costs than organizations of similar size (see Attachment IV). We are now at the critical point of some very complex re--rate negotiations with Harris Methodist where we need the assistance of an expert who can navigate through contractual issues with the complex medical community. This is especially relevant at a time when uncertainty exits as to the status of local hospital facilities in Denton. The Federal Trade Commission recently ruled that Columbia/HCA Corporation must divest of one of their two local hospitals. Certainly, it is the staff's goal and minimum expectation that health care services be supplied with at least one local hospital under our health insurance program. It is preferable that both Denton hospitals are place in the Harris Methodist provider netw,)rk. A further expectation is that health services provided and available in Denton are provided through the Harris Methodist network. This will assure that money spent on these services remain in Denton. A health insurance and actuarial • consultant can help the City meet these expectations in our health insurance program. In addition, the City is fast approaching the end of a re-bid cycle for the group health insurance program. A professional health insurance consultant will ensure a detailed, yet flexible bid specification, objective and complete financial and services analysis, and sound financial recommendations for a now carrier beginning with the January 1, 1997 contract and plan • year. • • In keeping with our Five Year Strategic Plan (see Attachment V) and the contractual advantages of re-bidding the hei0 th insurance program each three years, we are recommending the retention of a nationally recognized health insurance and actuarial conqulting firm. This firm will assist us in maintaining the post: track • 0 .1 4::~'Nl,/i~tP,'°J.y, a~4i1'Vy:l v`~ • 4Qeto No AgeadaItem July 11, 1995 CM Report to City Council - Health Insurance Consullan-t` Page 4 record, keeping our costs below national and regional trends, and continuing to deliver an adequate and quality health insurance program for City of Denton employees and their dependents. PROGRAM DEPARTMENTS OR GR.QVP-S-AFEECTED: The employee health insurance program covers all regular, full- time and p&-t-Lime employees in all departments. Current enrollment is approximately 832 employees. With dependent coverage, there are approximately 1,978 total lives insured under the Harris Methodist Health Insurance Program, FOAL IMPACT: City Council authorized during the FY 1992/93 Budget that $4,00 of the City-paid health insurance premium budgeted in each department for each budgeted position be earmarked to fund a health insurance and actuarial consultant. Departments ate budgeted at $187,79 per month for each employee (see Attachment Vi). As indicated above, current enrollment is approximately 832 employees. This varies by month with turnover. The bid by Foster Higgins provides for a cost of $4,00 per participating employee per month. The minimum monthly fee is $3,400; the maximum monthly fee is $5,000 per month based on employee participation. The annual estimated cost is approximately $40,800. The funds are included in the curr nt Council authorized budget for the Group Health Insurance rogram. Resp tfu*bittded:/ 11 yd V, City Manag• Prepared by, Tho a W. nck, Director of Human Resources A r ved: 4 . et c &rV, txicutive Director Municioa Services and Economic Development cvrDt/DC,tk Prfi0Arldr 012010d 1 • Date _ ATTACHMENT I • q~ r P ~ n • ~ ~ 1~ u <1t~lt. , .?d,7 Nr1ti~"~~1~{~G~ ~~"'~~4I si1~v'tSl,~, • 0 AgeodaNo_~_ _ . r HCCSVC.Wkl Agon4altcrR.-__ 03-M-85 07:51 AM FOSTER HIOGiNS SERVICES & COST PROPOSAL TOTA EST. ESTL?IUUCT L. DESCRIPTION HOURS TER, AMOUNT 1. Strategic Health A KWnesa Program 5 1225 $1,125 Health Cafe Reform - _ r 2. Current Health Insurance Admin. A 35 $225 $7,8'61 3, Group Health Insuance: AnaWs _ofaed bldg, contract ns~otlaNons 120 ---$200 t2, ON 4. Health Insurance Progilm Change 45 $200 A Transidon 5. Conduct Health Insurance: Cost CWnM control 90 1226 $8760 A 6. Nsgomfe Group Health Insurance: -Plan renewal, curreniftfure pmvdor 50 _ $200 $10,0001 7. Govemmenf raprirdng: PnperaNon 5 $200 _4_1100Q ---A Submlaslon - a. PrssenfeWns A Attendance at City Counrlll MesUngs, EICLHkflrress, efc.__- -!Q__$??b $4 000 TOTAL 330 $68,750 Attemab Malmo: Retainer Fee arrangement in which all above tasks would be performed at a set monthly fee, per participating iamPloyee per month. pastor Higgins Ouotr Est, Minimum Est. Maximum e $4 per employee per-month $3,400 $6,000 r 0 • • r +w air i'i`C•~~Wt1Kt0'P 11 • V r City of Denton ~{jgtltlgNo _ _ Proposal for Health Insurance and Actuarial Services erned~Bnm 14 QUALIFICATIONS OF Consulting Team PROPOSED STAFF We put a great deal of thought into the professional consulting team to best serve the City. This team combines the experience and leadership of our local South Central Region consultants with the breadth of our national resources to deliver a qualft;• and comprehensive approach to your particular situation. Our team aombina the We believe our team offers distinct advantages: talent of our local censuitante "dth the • Broad experience with public organizations of all sizes and breadth and depth of our national resourceo. complexities ■ National survey capabilities with information on the latest innovations and developments in compensation and benefits • Comprehensive understanding of regional, state, and national trends in health can reform and managed health can delivery systems • Responsiveness to our clients' needs with prompt attention to potential problems before they become disruptions • Promotion of long-term relationships that :.stance understanding in communication with client organizations. The following pages include a project team chart and biographies for each team member selected to serve the City of Denton, e w i FosterH.mms • ~ Q yi i' ' j tY~.t'Yt4i~~~kwf ~~~s1k~ , sej • i City of Denton proposal for Health Insurance and Aotuariai Servioea Project Team City of Denton Jay Savan Team Leader Jim Falconer Dennis Copfer Claims Managed Care Joe Taylor LaDon Butler Financial Technical Support • Jack Beam Actuarial Foster Higgins • w City of Denton geellllaNO ----+18 Pro aai for Health Insurance and Actuarial Services BIOGRAPHIES OF Jay $oven X19- PROPOSED STAFF Managing Consultant Jay is located in our South Central Region headquarters offlce In Dallas. His areas of expertise include strategic benefit planning, health plan design, evaluating alternative funding mechanisms, and plan administration Jay Swan will serve as Jay's recent projects include: team leader for the City. He will be responelble for ■ Assisting a national transportation company in restructuring timely, socurste dellywy of all verbal and written its approach to short- and long-term disability nunagement guldanes, and overall quality control. ■ Guiding a large regional energy company in implementing the first phase of a managed care program • Designing, marketing, and implementing a managed mental healthtchemical dependency program for a large metro- politan transit authority • Designing, analyzing feasibility of, and Implementing cost- effective changes to a national environmental management company's flexible benefit plan • Conducting strategic benefit planning for a growing medical center, resulting In increased use of the center's own facilities, significantly lower plan costs, and greater employee satisfaction with the group medical plan • Managing employee benefits due diligence proceedings for the acquisition of a 5100 million constructiontengineering firm ! Selecting and installing a nationwide managed medical care ' plan for a large wholesale distributor. Foster Hens a s ! f~ ` t L t girt /q,~ l,'1Y • _ a • City of Denton geiH}aNo. Proposal for Health Insurance and Actuarial Services Jay has over nine years of experience in employee here tests` Before joining Foster Higgins, he worked with another major consulting firm and a large insurance company. He graduated cum laude with a BS in business administration from the University of Missouri-St. Louis, and attained his MBA-Finance at Loyola Marymount University, Jim Falconer Managing Consuftent Jim is located in Foster Higgins' South Central Region in Dallas, He Is manager of the Health and Welfare Department and provides specialized consulting to clients in cost containment, claim audits, claim office analysis, claim system evaluations, and alternative delivery systems, Jim is also operations manager for our national claim audit practice, which is located in Dallas, Jim Falconer's role for the Before joining Foster Higgins, he spent more than 13 years in City of Denton will be to group claim administration with one of the nation's largest gravid* focused consulting carriers. He was responsible for implementing and supervising on claim administration all cost containment programs as well as administration of group Issues' life, medical, dental, and short-term and long-term disability claims. Among his many accomplishments, Jim: ■ Is lead consultant for projects that have included plan design evaluation, marketing of benefit plans, computing imputed income, annual employee benefit statements, compliance with the Tax Reform Act of 1486, and implementation of flexible benefit feasibility study ■ Is lead eu,uultant for several private sector clients, d responsible for plan design, marketing and administration, , communications, and legal compliance Foster Higgins • a 0 City of Denton Agondallem Proposal for Health Insurance and Actuarial Services 1B s is a member of the American Management Association Lecture Faculty for employee benefit issues ■ Conducted claim audits and claim office procedure reviews for several municipalities, Including the City of Arlington TX and the State of Mississippi s Conducted a claim audit for a national communications company that also focused on compliance with the administrative services agreement a Performed a claim audit for a regional stock brokerage firm to document appropriateness of stop-loss administration j ■ Conducted a claim audit for a university system to measure preferred provider organization claim capahilities ■ Negotiated administrative services agreements for several clients that resulted in expanded services and performance standards ■ Produced a managed care feasibility study for a major mid- western newspaper, which resulted in identifying and installing a cost-effective PPO. Jim has a Bachelors in Business Administration with a minor in Finance from the University of Texas at Houston, • Jack Beam, ASA, MAAA, EA Principal lack is located in our South Central Region in Dallas. He has over 20 years of experience as an actuary and employee benefit n consultant and serves as the consulting actuary to numerous , clients, lack is also a member of Foster Higgins' Actuarial • Policy Committee. FosterHiggins 1 b fg sa • 4ger~aNo, A g a n d a l t e M------+•---w • City of Denton pals _ Proposal for Health Insurance and Actuarial Services 19 Jack Seem will oven" Jack helps clients by: actuadel projectlons prepared for the City of . Designing, implementing, and managing their retirement Denton. programs • Designing and implementing early retirement windows ■ Evaluating plans for mergers and acquisitions ■ Determining plan qualification and restructuring plans for nondiscrimination compliance. Jack is an Associate of the Society of Actuaries, a member of the American Academy of Actuaries, and an Enrolled Actuary under ERISA. He also holds a Masters in Actuarial Science from Georgia State University. Dennis Copier Consultant Dennis consults with clients in alternative delivery systems, claim cost and utilization analyses, and managed care plan designs. Before joining Foster Higgins, he spent more than 16 years in administration and finance with large managed care and provider organizations. He has served as an appointee of the Texas State Board of Insurance HMO Advisory and the HMO Solvency Surveillance Committee. 0 In recent representative projects, Dennis has, • Advised a large Texas employer (15,000 employees) on selecting providers for a PPO plat. Significant savings were projected, short-t,,rm and long-term, based on specific o contracted rates and utilization projections. He also negotiated provider contracts that use savings Incentives and d result in significant discounts. Foster Himins 1 ggimdaNo City of Denton Agondafteat,....+.~• Proposal for Health Insurance and Actuarial Services • Expedited a municipality's bid specifications, evaluation, and contract negotiations for a single utilization revleW organization to coordinate with multiple PPOs. • Identified psychiatric utilization problems based on a medical claim study for a national construction firm, He recommended plan design changes and managed care solutions based on performance standards to be put into effect, ■ Revealed the relationship between plan design and excess medical utilization for a 1,500- employee, geographically- dispersed software company. Plan design changes and new performance eApectatiuns for the utilization review manager were developed to successfully assist with cost control. ■ Conducted a utilization analysis for a major utility company that Identified significant mental health, drug, and retiree cost problems. He assisted In HMO bid analysis and selection, HMO contribution strategy, and managed medical plan design for a flexible benefit program. • Performed utilization review analysis for a large grocery chain, He assisted with the identification of providers for a directly negotiated occupational injury program. He also developed plan design modifications, including improved performance standards, for the existing preferred provider network, f • Integrated managed can within a new flexible benefit program for a major Texas university, using direct provider contracting. a Conducted managed can feasibility studies, experience review, and contract strategy development, He has Foster Hens 0 AgendaNo - City of Denton Agoslda ORL, Proposal for Health Insurance and Actuarial Services 21 developed managed care plan designs for numerous types of industries. Dennis holds a BS in Business Administration from the University of Southern California and Is a Fellow of Healthcare Financial Management Association (FHFMA). Joseph Taylor, MIA, CEBS Associate Joe is located in the Foster Higgins South Central Region office in Dallas, Texas, He provides consulting services to clients in the form of managed care, and health and life insurattce pricing. Joe Taylor will provide Before joining Foster Higgins, Joe was in the New Business ongoing undsrwrlttnp and Pricing unit of one of the nation's largest carriers. He was financial support. responsible for all aspects of health, life, and disability pricing Including: managed cue, manual rates, stop-loss, and flexible spending accounts. In his role at Foster Higgins, Joe: a Prices and completes network evaluations for health maintenance organizations (HMOs), point-of-service plans (POS), and preferred provider organnlzation~i (PPOO a Evaluates provider networks in terau of contract arrangements, utilization statistics, and discount value ■ Develops fee schedules and capitation rates a Prepares bid proposal specifications and analyzes the carrier's responses 0 s Develops and analyzes rexwal rate projections, carrier 0 retention, and claim reserve calculations, Foster Hens t • • gerrila No City of Denton Proposal for Health Insurance and Actuarial Services _ _22 ■ Evaluates and monitors the managed care risk sharing arrangements and performance guarantees negotiated on behalf of clients ■ Projects future claim activity and retention for proposed benefit programs ■ Calculates manual rates, plan relativities, benefit and design changes and their impact on rates, utilization and claim experience ■ Prices individual and aggregate stop loss costs and analyzes carrier projections ■ ArWyzes, summarizes, and compiles data for accuracy and meaningfulness. Joe has worked on relevant engagements in which he: ■ Developed underwriting guidelines, pricing models, and capitation rates for start-up of an Accountable Health Plan ■ Designed, marketed, and implemented a POS managed care pharmacy, and Card-lac Centers of Excellence program for a large Texas utility company ■ Prepared and presented utilization, claim, and funding • analysis quality reports for an electronics firm, which allowed them to make proactive decisions based on emerging patterns ■ Calculated the cost savings of a merger and developed an • action plan for integrating benefit plans between an existing , • client and a targeted company Foster Heins I o City of Denton q~n~aflar~~ ----~r----- Proposal for Health Insurance and Actuarial Services 23 Formulated funding targets and contribution strategy and analyzed prior results for a large regional utility company. Joe received his Bachelor of Arts degree in both Mathematics- with a concentration in Actuarial Science-and Mathematics Education 7.12 from Syracuse University in Syracuse, New York. He received his Health Insurance Associate designation from the Health Insurance Association of America. Joe has completed his course work for the Certified Employee Benefits Specialist designation. LaDon Butler, LVN, CPUR Associate LaDon is located In our Dallas office. She provides technical and clinical support to clients and is also very Involved in our claim audit practices LeVon butler wiN provide Before joining Foster Higgins, LaDon was a senior claims technlod support. consultant for another major consulting firm where she performed claim administrator performance audits. LaDon was also involved in the negotiation of claim administrator performance standards, claim administrator systenis analysis, and claim data analysis. Labon began her claims career with a major group carrier where she was a claims examiner and an internal quality assurance auditor. She Is a graduate of Collin Memorial Hospital School of Licensed Vocational Nursing and is a • member of the Dallas Society of Clainsmen where she has served as an officer. She is also a Certified Professional In Utilization Review. Foster ftalns • ! ~4onda No. ~gendal~n~ ' ATTACHMRNT III J ! . - ~ Y,, ~1 !P~ I l 1 i ~~~~1 1~ ~'l~ ~1 ' C~.Y r1'~ tfp~~~ a~~ 0 • ~g911daNa. CITY OF DENTON 100pi(9~~flff1~--~+r,+nr"r"" HEALTH INSURANCE HISTORY 1986 TO 1989 CITY PLAN & MAXICARE (Self-Insured) 1986 - Indemnity/Preferred Provider Organization - COBRA Implemented - HMO's - 450 employees - City Plan - 300 employees - Claims Paid - $673,096 (FY 1985/86) 1987 - Re-bid Health Insurance & Implemented Preferred Provider Organization - Added Coverage Enhancements: * Drug/Alcohol * Vision Care * Prescription Drug Program - On-set: of "Shock Claims" (over $500,000) - Claims Paid - $648,079 (FY 1988/87) 1988 - Maxicare Bankruptcy - Rate. Increases 20 - 30% PPO Provider & Physicians Agreement Terminated - Claims Paid - (FY 1987/88) 1989 - Did Health Insurance Program - Claims Paid - $1,112,849 (FY 1988/89) 1990 TO 1991 SANUS/NY LIFE (Fully Itisured) 1990 - Changed Health Insurance Carriers - Implemented HMO/Indemnity - Gatekeeper; ftestricted Access to Specialty Care - Implemented 125 Plan - Claims Paid - $1,413,917 (FY 1989/90) 1991 - 20% Rnte Increase - Claims Paid - $1,736,802 1992 TO 1993 PHILADELPHIA AMERICAN LIFE'(Ful.ly Insured) 1992 - Changed Health Insurance Carriers - Expanded Coverage & Medical Providers - Change 125 Carrier (Acordia); increase participants (Saver] $65,000 per yr,} - Clnims Paid - $2,109,974 1993 - Changed Plan Design (22% decrease) • - 15% Rate Increase - Claims Paid - $2,361,978 1994 to 1996 HARRIS METHODIST (Fully Insured) 1994 - Changed Health Insurance Carriers - Saved 00 ~ -Megan H'el ] ne ss Program with Health Risk Assessment • • - Claims Paid - $2,282,452 1996 - Saved $150,000 - 2.5% Rate Decrease i i I ccrpt95c,wp51 1 Prepared: 05129195 • 4 , r r • ~gondaNo: . ~gondalte~r~.._......_...... ATTACHMENT IV r . . r 'v';i~• r.., r +Y..ClNv',~'~.I~~rl~,°~i~''rr~~„j.t~4~r ~,j¢Y;j.~'#°;~,•t°.;P`~jY~ • • HNSCOST AI 03-Ju1-96 07:63 AM 1tIS14/g6 HEALTH PLAN COST COMPARISON CTIY OF CITY COUNTY F*NA-TIONAL PLAN TYPE DENTON GOVT GOVT 100+ INDEMNITY $0 $4,368 $3,470 $3.6M PPO $0 _ S3,A03 $3.9m _ 03,822 POs 80 __P,712 13,11 $3,616 HMO 92 288 _ $3,592 $3,881 $3,338 •Represems employers with 500 or more emplo>ves SOURCE: Foster HWns Nodonal Survey of Employer Sponsored Health Plans 1993 • • 0 0 • • ,.ete ATTACHMENT V • • ~ ~ - ~ , i'`_r i1C' 4r~1~~~iNr'~~~r~~~i<°}S-~+~Y11(r~~`1Ft+'777"~~Y ~ '~s~ 9 • a~ • s Agenda No Agendalterq,,._.....~,. CITY OF OENTON oate EMPLOYEE HEALTH INSURANCE PROGRAM 5 YEAR STRATEGIC PLAN 1994/95 o Evalu s ;arris Methodist Health program and make recommendations concerning the January 1, 1995 2nd plan year renewal o Conduct and analyze a survey of employees concerning retiree coverage and funding options (active employee pays an additional amount to "level" premium for retiree; consider coat subsidy by city) o Bid and award contract for Health Care consulting services in anticipation of a re-bid on Health Insurance Program for the January 1, 1997 plan year. (1995) o Begin drafting Health Insurance bid to include options on retiree coverage and funding to be published in February, 1996 after January 1, 1996 3rd plan year renewal (if appropriate) 1995/96 o Evaluate Harris Methodist Health program and make recommendations concerning the January 1, 1996 3rd plan year renewal e Complete Health Insurance bid to include options on retiree coverage and funding to be published in February, 1996 (after January 1, 1996 3rd plan year renewal, if executed) to determine cost and fully insured carrier for January 1, 1997 implementation o Evaluate services and contract of Health Care consultant and determine feasibility of second year (1996) contract extension. 1996/97 o Complete bid on Health Insurance Program, finalize recommendations and contract for City Council authorization (multi-year), conduct open enrollment, and accomplish change to new carrier (if required) by January 1, 1997. - implement appro-d options on retiree coverage and funding o Evaluate services and contract of Health Care consultant and determine feasibility of third year (1997) contract • extension. • • o Re-bid and award contract for Health Care consulting services for the 1998 plan year, • 1- m • ~garnlaha~ Ago ntla f teRi..•.•....wn...rr~a kite . . ,aY 1997/98 o Evaluate Employee Health Insurance program and make recommendations concerning the January 1, 1998 2nd plan year renewal o Award contract of Health Care consultant and evaluate services for first year (1998) contract. 1998/99 o Evaluate Employee Health Insurance program and make recommendations concerning the January 1, 1999 3rd plan year renewal o Evaluate services and contract of Health Care consultant and determine feasibility of second year (1999) contract extension. o Complete Health Insurance bid to include other health and wellness options for employees and dependents (including retiree coverage and funding) to be published in February, 1999 (after January t, 1999 3rd plan year renewal, ii executed) to determine cost and fully insured carrier for January 1, 2000 implementation • i { J INSTRA96.TK 4/14/95 • . ,9, , r ~ r '^,1t~ i3i "~~14F:~~(i' i( iko~t "~~`v"'~(. -Yt Y~ ~llY'Z" ,±•k'p 1~ • • ~AandaNa ATTACHNRNT VI • • , ~ a U-U • • Igo aNo. HEALTH INSURANCE PREMIUM RATES JANUARY 19 1945 -DECEMBER 319 1995 Harris HMO: ! V- Hartle Prolenvd Plan: EE only 5183.79 EE only $212.31 EE & Spouse $286.88 EE d Spouse $329.15 EE A Children $248.80 EE & Childron $284.65 F'aanil $310.48 =368.88 BI-WEEKLY HEALTH INSURANCE PREMIUM RATES JANUARY 1, 1995 - DECEMBER 31,1995 EMPLOYEE EMPLOYEE EMPLOYEE & EMPLOYEE PLAN TYPE ONLY SPOUSE CK L.DREN FAMILY N_MOOn _ $0.00 - $6044______ _ $31,44 -X83.36 314 Time HMO Only - $22.97 73.91 b4.48 - $86.32 112 Time HMO Only $46.95 $98.89 109.30 EMPLOYEE EMPLOYEE PI EMPLOYEE EMPTY PLAN TYPE on S rH;MiO Only - $14.29 $73.88 $50.39 $87.66 • 314 Time HMO Opb~, _$37.25 - $95.80 _ $73.36 $110.62 ~i7 Time NMO Only $80.24L _ _$119.881 $98,34 $133.60 HINSPREM.wkl e oeneros ~ • • y} • e, 0 C CITY : WA COUNCIL rt jm~ F 1. L . 1. 1 1 ~ 1. 1. 1 c. er e~ • ti, b1% ~ e O ft .ore w, 1 •+00~~ • d • • ~ert~iNa Aete__i~=~+-~ CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (817) 5668307 Office of the City Manager CITY COUNCIL REPORT TO, Mayor and Members of the city council FROM: Lloyd V, Harrell, City Manager DATE: July 7, 1995 SUBJECT: Legislative Update Council requested that Staff prepare an update on actions taken during the 74th Regular Session of the Texas Legislature. Accordingly, the following information is provided. A total of 5,147 bills and constitutional amendments were introduced during the last session of the Legislature. Significant actions included the adoption of a new state budget, passage of a welfare reform bill, and action in the areas of tort reform, education, and juvenile justice. Of TML's highest priorities, eleven bills were passed. Staff has attempted to highlight for the council those items that may affect our operations, while this is not an exhaustive survey, staff has attempted to be comprehensive in the following manner. A summary of various legislation is provided and is designated by category for Council review (Attachment 1). The summary is merely an overview of the legislation that poses a concern or may require future action by the Council. Additionally, Staff hr.s provided a copy of the Human Resources Legislative update compiled by Tom Klinck (Attachment 2) and the Legislative Update provided to the Public Utilities Board by Julie • Zeller (Attachment 3). There may be some overlap in the summaries since the same legislation may have different effects on the organization. Further, a copy of the the TML Legislative Update summarizing the actions of the Legislature is attached for your review (Attachment 4). As a precaution, some of the legislation discussed in this document • has not been signed by the Governor and could be vetoed. Staff • will provide additional information on any bills that are of interest to the Council. j 'Vedfrated to Quality tiervire" • Ap9oda No._ A~~gendal ternr,__....._. Please advise if I can provide additional informatiotn. RESPECTFULLY SUBMITTED, C ell Loyd . Harrell City Manager Prepared by: ose Portug4 Assistant to the Cit Manager E Attachments: J.. Legislative Summary 2. Human Resouroes Legislative Update 1. PUB Legislative Update 4. TML Legislative Update i i i r ~ s • aT • Attachment Y I M) 4gentlaltem.~-Y_ ~ k UN 28 i99s tf 11 Cl'IY Of, my 1 MEMORANDUM To: Joseph Portugal - Assistant to City Manager From: Tom IKlinck - Director of Human Resources Date: June 28, 1995 Subject; Personnel Related Legislation Passed in 74th Session - j Update li Joseph, at your request, below are listed the applicable legislation passed by the 74th Legislature and our assessment of the impact on the City's operations: I. H.B. 1719 - Open Records - this bill has severs. provisions and several implications for the City in ail departments. However, for employee personnel records, there are some provisions that will require additional compliance by our Human Resources Department staff in responding to open records requests. Most _,ignificantly are the requirements to produce records in an electronic or computer format, There will also be some requ sts for information that exist on the Employee Information System (employee computer data base) that will require our response by additional programming and manipulation of the data. Finally, the changes in this bill will provide our employees two additional protections in personal information that is open to the public. Currently, employees, through an exception clause in the Open Records Act, are permitted to withhold from disclosure their address and ohone number. Because of the new changes, we'll now qiv,~ Liwj owployees an opportunity to also protect from disclosure their social security account number and information concerning wnetner they have family m6mbers. 2 H,B, 1529 Civil Service - provides that the Civil Service Commission can adopt rules to permit the reappointment of a peace officer- who voluntarily resigns rithout taking another written • examination. My discussions with Mike Jez indicate that we will • • review this provision and determine whether it oould be Advantagoous to the City to adopt such a rule. 11 II.B. 2168 and S.B. 520 Texas Mun'cipal Retirement System (TMRS) -these bills provide several mprovements in eligibility requirements and changes to comply with the IRS Code We are currently reviewing these changes and developing ao appropriate commulication to notify employees who may be affected or may want to rake advantage of the changes, r • • June 28, 1995 Memo to J. Portugal - Asst. to CM - Personnel - 74th Bills Page 2 Of particular note is the local option to change our City's TMRS program to provide for retirement eligibility at 20 years of service and any age. This is an attractive feature for employees, however, it is important that the City give careful consideration to the impact on the City's contribution rate, implementation costs, and long-term costs before adopting this local option change. We have requested that TMRS provide its with actuarial information on the potential increase to our current contribution rate to implement this program. 4. H.B. 2766 - Managed Health Care Plans - this bill is called the "Patient Protection Act". The bill was vetoed by the Governor. However, it will probably be introduced in the 1997 Legislative Session. 5. S.B. 118 - Criminal Histories - this bill allows cities to obtain a criminal history on individuals applying for employment with a city. We currently obtain criminal histories on police officers and fire fighters who are under consideration for hiring with the City. We are re•iewing the need for obtaining criminal histories on other final applicants for employment, the cost of obtaining this information, and which positions this information would be valuable for us to use in the selection process. 6. S.B. 595 - Personnel Records - the City of Denton is already covered by the provisions of this bill since we are a Chapter 143 (State Civil Service Law) city. 7. S.B 1013, 11360 and 1337 pertain to the Police Department and the impact on that department will be assessed by the Executive • Director of Emergency Services and Police Chief, Mike Jez. Please let me know if I can answer any questions about this or provide further information, Thanksi i e • o Thomas inck tkme9517.tk 6/28/96 rev: 7/7/96 • - a. • AtL"MWPt 2 490nda'ln - CITY OF DENTON OITY COUNCIL Date LEGISLATIVE SUMMARY TML LEGISLATION • Child Care 212 - provides an exeAption from child care licensing requirements for recreation programs operated by cities. This involves children ages five to thirteen and requires a public hearing to adopt standards for child care including staffing, staff qualifications, health and safety standards for the recreation center, and methods for maintaining the standards, Interested parents are to be provided a copy of the standards and are to be informed that the facility is not licensed by the State. The City of Denton will, be exempt from these provisions for elementary age programs (age 5 to 13) so long as it adopts its own standards on an annual basis by ordinance. PARD will bring this ordinance to Council at a later date. • Purchasing - H S __~2 - focuses on amendments to the Texas Engineering Practice Act, yet also includes a provision that allows a city's governing body (City Council) to appoint an official (City Manager) to approve contract change orders of up to $25,000. This would require an amendment to the current ordinance which allows a change order to be executed by the City Manager up to $15,000. A companion bill was also passed regarding construction change orders, S. B. 99. FINANCE AND ADMINISTRATION • Purchaeinu - H.B. 305 - enables a local government to purchase goods and services under State guidelines and sittisfy the competitive bidding requirements, • Open Records H.B,_1~. - amends Chapter 552 of the Government. Code to revise the open records law. Among the changes is the definition of public records to include • information maintained in another media, par'Acularly electrui;ic or magnetic and the ability of cities to establish a fee schedule for GIS system information, Additional information is provider: in the Human Resources summary and the PUB Legislative Update. • Pvblj,g Funds Investment - 11,.13.2959 - amends Chapter 2256 of • the Government Code and provides that a governing body must • • adopt a written investment policy that ;ust include a written strategy. The City of Denton has already adopted an investment policy which complies with this legislation. • • AgvdaltotrL,~_ • Sales Tax - S.B. 640 - adds a new SectioAtft 34 -torih Tax code requiring the controller upon request to provide a city with a population of 50,000 or more with information concerning the amount of sales tax paid by any business that remits sales tax payments in excess of $1.00,000. PERSONNEL The Human Resources Legislative Update provides summaries of the following legislation; • Open Records - H.B. 1718 • Civil Service - H.B. 1529 • TMRS - H.B. 2168 and S.B. 520 • Aanaged Health Care Plans - H.B. 2766 (Note: This bill was vetoed by the Governor). • Criminal Histories - S.B. 118 i • Personnel Records - S.B. 695 • Polygraph/Discipline - S.B. 1013 (Note: This bill was vetoed by the Governor). • Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) - S.B. 1135 • Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) - S.B. 1337 PUBIC SAFETY • Plavgground Equipment=ti,8,,._.632 - amends Chapter 756 of the Health and Safety Code and prohibits the use of public funds for playground equipment after September 1, 1997. Thereafter, the equipment muut meet the standards set forth in the 1994 Handbook for Public Playground Safety published by the Consumer Product Safety Commission. PARR is complying with the CPSC standards on all new playground equipment purchases. • • Right-to-Carry - S.B. 6D - authorizes citizens to obtain an a license to carry a concealed handgun following certain qualifications and training. Two of the provisions concerning this legislation are of real interest to the City of Denton. The City (Council) may prohibit a licensee from carrying a handgun on the city's premises, where "premises" is defined 0 as a building or part of a building, but not a street, • • sidewalk, or parking area. Also, a licensee may not carry a handgun at any meeting of a governmental entity. A legal request has been sent to the City Attorney's office to develop an ordinance for Council consideration. l A a h i f,~~ • i E A g a n d a l t u rR,.-~ UTILITIES AND ENVIROIIMENT Date The PUB Legislative Update provides summaries of the following legislation: • Approval of Disposal System Plans - H.H. 1826 • NPDES Delegation - H.B. 2015 • Telecommunications - H.B. 2128 • Environmental Compliance Audits - H.B. 2473 • Use of Solid Waste Fee Revenue - H.B. 3072 • TNRCC Hearings - S.B. 12 • Alternative Fuels - S.B. 200 I • Electric Utilities - S.B. 373 I • - r i l/ A \I S .1 • • w Attachment 3 A~opda 1'0: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: Julie Zeller RE: Legislative Update DATE: 19 June 1995 The Texas Legislature ended May 291h, passing 1,101 of the 5,147 bills introduced. It was a VERY active session during the last ten days with legislators passing hundreds of gills. Though it will be some time before all the new legislation can be interpreted, rules promulgated, and programs implemented, I thought it would be worth mentioning a few of the bills that affect the utilities department, Keep in mind that many of these bills have not yet been signed by the Governor and, though unlikely, could be veiq (,(1. ADMINISTRATIVE S ,B. 12 - TNRCC H rea ines Administrative hearings for TNRCC actionti will now be held by the State Office of Administrative Hearings as opposed to "in-hu(ise" as before. This should resolve what was clearly a conflict of interest for the agency. S_B 14 - ProUerly Rights/Takins • Under this legislation, a "taking" is a governmental action that requires the governmental enlity to compensate property owners under the United States or Texas Constitutions, or that affects private property that would exist in the absence of the governmental action and is the producing cause of a reduction of at least 25 percent in the market value of the property. There are many exceptions to this rule. A raking does NOT apply to an action taken by a city unless the action has effect in the • city's extraterritorial jurisdiction (ET)) and does not impose identical requirements in the entire ETJ. It does NOT apply to annexations in the ETJ. If a taking occurs, the ' • city must rescind the action or pay damages to compensate the properly owner. • ara • I A~Ort~aNo.____ A AgOnda!tem~~ [J. 1718 - Open Records With respect to records maintained by municipalities, this bill requires municipalities to provide records maintained in the form of media other than paper. Information existing in an electronic or magnelic medium must be provided if the municipality has the technological ability and will not violate the terms of any copyright or agreement between the governmental body and a third party. The bill also allows cities to set up charges for providing copies of geographic information systems databases. I1,B24473 Envl or mental Compliance Audits Like so many other states, Texas passed legislation in an effort to provide a privilege to an individual, corporation, municipal government, etc., who conducts an environmental audit. Under current law, if the audit indicates violations, the person can be held accountable for those violations. Under this bill, information gathered from the voluntary audit is considered privileged and cannot be used as the basis of an enforcement action. The bill's ability to protect this information is somewhat questionable. The bill also provides immunity for the violation of an environmental, health, or safety law if the violation arises from a voluntary audit, is promptly reported, appropriate efforts are made to achieve compliance, and the violation did riot result in injury to one or more persons at the site or substantial off-site harm to persons, property, or the environment. AIR S.B. 200- S. B. rnative full I 200 applies to local government fleets with fifteen or more vehicles in non- attainment areas. The legislation permits TNRCC to establish rules to require local governments operate their fleets on an alternative fuel according to the following schedule: 30% of vehicles purchased after September 1, 1998 or at least 10% of the total fleet as of September 1, 1988 50% of vehicles purchased after September 1, 2000 90% of vehicles purchased after September 1, 2002 AND at least 45% of the total fleet as of September 1, 2002 • • • O . Mir, • a • 4~ccd^No ELECTRIC Senale Rill 374' Public Utility COmmiKi The legislature managed to pull out a bill at the last minute so that the Public utilities Commission is not sunsetted. The most significant aspect of this bill concerns rates charged to state universities. A strict reading of the bill requires utilities to cut university rates by 20% unless the reduction results in greater than one percent of the total annual revenues. By this interpretation, UNT is not entitled to a rate reduction but TWU would be. Mike Williams is in the process of obtaining transcripts from the floor debate which will hopefully show that the intent of the bill was to consider UNT and TWU together. (TML was of no help here.) fl .B 2128 -communications This is one of three major amendments to the Public Utility Regulatory Act. Unfortunately, the Texas Municipal League chose to ignore the most important aspect of this legislation as it was being debated. Consequently, cities no longer have the right to compete in the telecommunications business. Section 3.251 prohibits a city from receiving a CCN or other type of operating certificate and from offering any service that requires a certificate. However, for those who qualify for a certificate, those applicants must obtain any necessary municipal consent, franchise, or permit required for its services. SOLID WASTE H.B 3072 -Use of Solid Waste Fee Revenue This legislation limits to one-half the total amount collected for solid waste tipping fee revenue by the TNRCC for solid waste permitting and enforcement and for activities to enhance the state's solid waste management program. The other half will go towards local and regional solid waste projects. WATER • H.B. 1826 - Approval of Dis os I Svstenl Plans H.B. 1826 deleted the requirement that TNRCC review and approve the plans and specifications for all treatment facilities, sewer systems, and disposal systems that transport, treat, of dispose of domestic waste, Plans for domestic sewer systems of a city will not be reviewed and approved by the TNRCC if (1) the city has its own O internal engineering review staff, (2) the plans and specifications are prepared by • • engineering consultants, and (3) the review is conducted by a registered professional engineer who is not employed by the engineering firm that prepared the plans and specifications. • 1- ~ • H.B. 1876 - Re ug_lat!gn of Sanitary Sewer Overflows 1SS(N)u Prohibits the TNRCC from adopting any rules or regulations regarding SSOs that is stricter than federal policies. The bill permits the TNRCC to utilize the National Policy for Combined Sewer Overflows adopted by EPA in 1994 until a national policy for SSOs is developed. The bill also prevents the TNRCC from requiring additional controls if a local government Is in substantial compliance with the national policy unless it results in a water quality problem threatening human health, safety, or the environment, H,13, 2015 - NPDE5 Delegation This bill provides the state of Texas the authority to assume the federal National Pollutant Discharge Elimination System (NPDES) program regulating discharges of wastewater and other pollutants into Texas surface waters. The amendments also raise the maximum annual waste treatment fee the state may charge a permittee to $25,000, except that no fee on a local government may be increased before August 31, 1999. 1 i I 1 s e t~ • • i r J n • I o • Attachment 4 ,y ,spa June 9, 1995 Number 21 How small, ol all that human hearts endure, That pan which laws or kings can cause or cure. -Samuel Johnson- sEyENTY FOURTH REGULAR SESSION ADJOURNS After 130 days of almost slow-motion consideration of more than 5,000 bills, the Texas Legislawre finally swung into action, and in the final ten days passed hundreds of bills, some only minutes after they were printed and distributed to lawmakers. It wasn't pretty. C,! Saturday, May 27, with less than three days retraining, Lieutenant Governor Bob Buh, std the Senate: "Some of the most important bills of the session are, unfortunately, being ousidered at the last minute. They are important," he said, "and you'll be held accountable it mistakes are made." Total Bills Total Bills ~City-Related City-Related Year Introduced$ Eller Bllls lnt, Bills p~s~d 1985 4,151 1,039 300+ 8n a 1987 4,343 1,204 420+ 175+ 1989 5,256 1,339 625+ 180+ 1991 4,684 970 840+ 180+ 1993 4,560 1,089 800+ 140+ e 1995 5,147 1,101 800+ 140+ • 'Includes bills and proposed Constitutional amendments; regular session only. ® iPtinted on recycled paper. • t:a • ~orxta No. Ikspite that admonition, last-minute changes were made with Iq m w^ arn~ngw-" ` ~ . committees met with only a few moments' notice, and lawmakers atsdro==bbft5 halls of the Capitol looking for live bills known as "vehicles" WHs..4bkt hadalready died could catch a ride. It was the kind of pandemonium that once resulted in ZFie Texas L.igislature commending the Boston Strangler for his efforts in the area of population control. After all was said and done, however, the legislature did what was needed adopted a new state budget, passed a welfare reform bill, enacted several outstanding tort reform laws, passed a new public school bill and a juvenile justice reform package, and much more. For cities, it was another good session. Eleven of TML's highest priorities were enacted, and dozens of other bener:ial bills were passed, Very few detrimental provisions were enacted. despite the fact that the League was faced with and actively opposed nearly 300 bills. In the following sections, maJ. r city-related actions are summarized. Most of the bills have not yet been signed by the Govern)r; it is possible that some will be vetoed. If they are signed, the effective dates in most ewes will be August 28, 1995. You should be aware that in a few cases, the final enrolled version of a bill which is not yet available may be slightly different than what is described here. To the extent that any corrections to the information contained in this report are necessary, we will inform you in future TML Legislative Updates. TML BILLS PASSED amends various provisions of the ivil Pracdce and Remedies Code to provide a limit on the amount of damages for which an employee or officer of the state or of a local goverrunent may be personally liable. Under current law, this liability is unlimited, Under H.B. 383, the limit is $100,000, but the limit applies only if the governmental entity provides insurance or indemnification for the individual. This bill has been signed by the Governor and will be effective September 1, 1995. Cancellation of Elections S B 680: allows the governing body of a political subdivision to cancel an election if all candidates are unopposed, no proposition appears on the ballot, and the time for tiling as a write-in candidate has expired. The bill also requires that write-in candidacies must be declared no later than 45 days (as opposed to the current 30 days) before election day ChAd Care S,B, 2j,: exempts from child care licensing requirements certain recreation programs operated by cities for children age 5 to thirteen. Under the bill, the city must, after a public hearing, adopt standards of care for such programs, including staffing ratios, staff • qualifications, facility health and safely standards, and mechanisms for monitoring and enforcing the standards. The bill provides that parents shall be provided a copy of the standards and shall be informed that the program is not licensed by the state. Solid Waste Contracts S.D. 1.371: amends Section 364.031 of the Health and Safety Code to give general law cities the clear authority to contract with a private entity for solid waste services, and validates existing cop racts of that type. t<* 0 Yyg' lgr Ou lty,Aysessmeots .-.H,.9,_,.$;i: amends Section 26.0115(h) of the Water Code to; (1) freeze the total fee amount the Texas Natural Resov.. Conservation Commission (TNRCC) can recover for regional water quality assessments at $5,000,000 annually through fiscal year 1998; (2) end the TNRCC's authority to recover the costs of the assessments thereafter; (3) limit the TNRCC's annual administrative and overhead charges to ten percent 2 0 L _ CJ 0 ~oTxla No~~~ annually; and (4) require the TNRCC to file a report accounti4akUhd4lp aa.sessments' costs with the Governor, Lieutenant Governor, and Speaker of the H on or be o e nbet 31, 1998, - p~g {y Tax Calculations H.B. 1537-. amends Chapter 26 of the Tax Code to provide that when calculating a city's effective property tax rate; (1) all value lost due to corrections of the appraisal role shall be added to the prior year's adjusted tax value, and (2) the prior year's property tax levy shall be increased by The amount of refunds made to taxpayers from the current budget. e s H,B, 167k: adds Section 26,449 to the Water Raulatlon of Sanltsa Sewer Qyefpm Code to prohibit the Texas Natural Resource Conservation Commission (TNRCC) from adopting any rule, issuing a permit, or initiating an enforrement action related to sanitary sewer overflows that is stricter than the national policy for sewer overflows. The bill provides that until a national policy for sanitary sewer overflows is adopted by the EPA, the TNRCC may utilize the National Policy for Combined Sewer Overflows that was adopted by the EPA on April 8, 1994, Further, the bill provides that when the •TNRCC adopts a rule for sanitary sewer overflows, it must: (1) employ the maximum flexibility allowed under the national policy; (2) allow alternative strategies for control of sewer overflows, (3) consider the financial condition and constraints of loco( governments, and (4) allow local governments sufficient time to develop cost-effective methods for controlling sewer overflows before initiating an enforcement action, Finally, the bill provides that if a local government is In substantial compliance with the national policy, the TNRCC may not require additional controls unless a water quality problem threatening human health, safety, or the environment is documented and is attributable to the local government. VII iatlon S.B. 1671: validates most municipal acts taken since the last validation act was passed in 1993. Among the acts not validated are those subject to litigation on the effective date of the act. rchasi g &H, 52: amends the Texas Engineering Practice Act to provide that a registered professional engineer is not required for a public work if the work does not involve structural, electrical, or mechanical engineering and if the completed project does not exceed $20,000. The hill also contains thrsc additional provisions: I, Cooperative purchasing administered under an interlocal contract by a regional planning commission (a COG) is exempted from the provisions of the competitive bidding statute, 2. A city's governing body may allow an appointed official to approve contract 0 change orders of up to $25,000. 3, The alternative competitive proposal procedures can be used for landscape maintenance, travel management, or recycling, 4. The "Cooperative Purchasing Program" is created to enable local governments to participate in cooperative purchasing with another participating local government or a local 0 cooperative organization to make purchases under a local agreement in compliance with the 0 0 competitive bidding statute. 5. A local government that participates in ih^ State Purchasing and General Services Commission purchasing program may electronically send purchase orders directly to vendors 3 n, • ca e and electronically send to the State Purchasing and General ServiA~lCtlttsmissle~-atic.etl. actual purchases made, t9:aU:ililtt_,_, 6. A contract provision under which an architect or enjineer• mast-4ndemaify a governmental agency for negligence of the governmental agency is void and unenforceable. Cale TV H.B. 1281: amends the Texas Local Government Code by adding a provision that grants general law cities the authority to own and/or operate a cable TV system. Toga Marshal S.B. $63: adds to the Local Government Code a new Section 23,029 which allows any city of less than 5,000 population to abolish the position of marshal and confer the marshal's duties on another peace officer, except that an elected marshal may not be removed from office, QTUR CITY RELATED BILLS PASSED Finance and Administration H.H. 127 Voter Real ation: this bill is the state implementation of the National Voter Registration Act. It requires the Secretary of State to develop and furnish new, postage-free, mail-in voter registration applications to all county voter registrars, public libraries, county clerk marriage license bureaus, high schools, and the general public. The bill requires the Secretary of State to provide assistance related to voter registration and to prescribe any additional procedures necessary for the administration of voter registration prDI H.B. 175-- WitiAleblowers: amends Chapter 554 of the Government Code to cap the liability of governmental entities in whistleblower lawsuits, Liability caps are set according to the number of persons employed by the affected governmental entity. The caps are as follows: $50,000 (fewer than 101 employees); $100,000 (more than 100 and fewer than 201 employees); $200,000 (more than 200 and fewer than 501 employees); and $250,000 (more than 500 employees), The bill provides an affinaative defense if the governmental entity would have taken the action against the employee based solely on information that is not related to the fact that the employee reported a violation of the law. Further, the bill changes venue for local governmental entities to the county in which the cause of action arose or a county in the same geographical area as defined in the hill. Finally, the bill provides that: (1) the report of a violation of law must be made to an appropriate law enforcement authority whom the employee in good faith believes is authorized to regulate or enforce the law or to investigate or prosecute violations of criminal law; and (2) supervisors who violate the requirements of the statute can be liable for $15,000, which may not be paid by the governmental entity. • t;.B. 305 rcnasina: provides that a local government that purchases goals and services under an agreement with another local government or the State Purchasing and General Services Commission satisfies the competitive bidding requirements. H,B 356 Annul Review Board MemberslAuxillAa Membe : amends Chapter 6 of the Tax Code to clarify that both appraisal review board members and auxiliary board members must comply with the term limits set out in Section 6.41, The bill further provides • that grounds for removal are good cause relating to attendance at board meetings and violations • • of the eligibility requirements and contracting restrictions. Under this bill, counties with populations over 1,000,000 may appoint up to thirty auxiliary members; counties of at least 500,000 but not more than 1,1b0,000 may appoint up to twenty; counties of at least 250,000 but less than 500,000 may appoint up to ten; and counties with less than 250,000 population may appoint no more than six auxiliary members, 4 i e • p H.B. 366 Tax Exemptions for Low-Value Propgrtv_; amends Chapter I I of-the-Tax Code to provide for an exemption from ad valorem taxation for income-producing tangible personal ; property and mineral interests with a value of less than $500. This exemption will take effect only if voters approve the proposed Constitutional amendment authorizing the exemption. (Please see H.J.R. 31, helow.) H.B. 399 Tax ExemptIM for Commercial Fishing EquiRment: allows the governing body of a taxing unit to exempt from taxation the boats, nets, and other equipment used for the commercial taking of fish and marine life for resale as food. In order for governing bodies to utilize this exemption, voters must apppprove the proposed Constitutional amendment authorizing the exemption. (Please see H.J.R. 35, below,) H.B. 40-- Tax on Food 1pr Prison I mptyp amends Chapter 151 of the Tax Code to remove the sales tax exemption for food products sold to prison inmates; inmates will now be charged sales tax on purchases of food products, meals, soft drinks, and candy. I LB, 609 Hotel Occupar ,_TM; removes the current provision that hotel occupancy tax revenue may be used to fund administrative costs only in relation to activities described in Tax Code Section 351.101(a)(1) (convention center improvements) or (a)(3) (advertising and promotional programs for tourists and convention delegates). This bill allows hotel occupancy tax revenue to fund administrative costs for each allowable use of revenue under Section 351.101 of the Tax Code. H .B, 731 Invest ant of Funds: adds share certificates to the list of authorized investments for local government funds, and adds a state or federal credit union to the list of acceptable issuers of deposit and share certificates. H.B. 839 Truffle Fine Revenue: amends Section 144(d), Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes), to limit the amount of revenue a city of less than 5,000 population may retain from fines and special expenses collected for violations of state highway laws. Under the bill, a city may retain no more than an amount equal to 30 percent of' the city's revenue for the preceding fiscal year from all sources, excluding federal funds and bond proceeds. The bill provides that after a city has retained that i maximum amount, the city shall send to the state treasurer any portion of any traffic fine or special expense associated with the traffic fine that exceeds one dollar. H.B. 840 Traffic Fine Reports: amends Section 144, Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes), to require a city of less than 5,000 population, which retains from traffic fines or special expenses collected for violations of state highway laws an amount equal to 20 percent of the city's total revenue, to provide to the State Comptroller an annual financial statement. The bill provides that the comptroller shall enforce A the requirement that a city retain from traffic fines and special expenses no more than an amount equal to 30 rercent of the city's revenue for the preceding year from all sources other than federal funds and bond proceeds. (Please see H.B. 839, above.) The bill further provides that if the State Comptroller conducts an audit and determines that a city is not in compliance with the statute, the city shall pay for the audit. H,B. 1127 Residence Home~ead Exemption for the Elderly: allows a surviving spouse ® over the age of 55 to be eligible for the deceased souse's homestead exemption for the elderly 0 0 if the residence remains the homestead of the surviving spouse. This bill will take effect only if the voters approve the proposed Constitutional amendment authorizing the exemption. (Please see H,J,R. 64, below,) 5 i 0 • 0 1,nrnia H.B. 1178 Purchasluuz: provider. that a city with a population of less than 100,000 must use the competitive bidding procedures for contracts for insurance in excess of $5,000, but that a city with a population over 100,000 may use the competitive sealed proposal procedure for the purchase of insurance. H B 1454 Prosy Acgulsltion: amends Chapter 280 of the Laval Government Code to: (1) prohibit a city from purchasing real property held in trust until the trustee submits a copy of the trust agreement identifying the true owner of the property, and (2) provide that the trust agreement submitted is confidential and not subject to the open records law. H B 1718 • Open Records: amends Chapter 552 of the Government Code to revise the open records law in the following ways: (1) changes the definition of public records to include records maintained in the form of media other than paper records; (2) provides that if information exists in an electronic or magnetic medium, the requestor may request either a paper copy or a copy in an electronic medium such as a diskette or magnetic tape; (3) requires the governmental body to provide a copy in the requested medium if it has the technological ability and will not violate the terms of any copyright or agreement between the governmental body and a third party; (4) provides that the governmental body is not required to purchase any software or hardware to accommodate a request and is not required to copy information onto a diskette or other material provided by the requestor but may use its own supplies; (5) requires a governmental body to provide a written statement to a requestor if the governmental body determines that a request for public information requires programming or manipulation of data and that compliance with the request is not feasible or will result in substantial interference with its ongoing operation or that the information could be made available in the requested form only at a cost that covers programming and manipulation of the data; (6) provides that such a written statement must include a statement that the information is not available in the requested form, a desctiption of the form in which the information is available, a description of any contract or services that would be required to provide information in the requested form, a statement of the estimated costs, and a statement of the anticipated time required to provide the information; (7) provides that this written statement must be provided to the requestor within 20 days, with an additional 10 days if notice is given to the requestor; (8) provides that charges may not he imposed for access to information on electronic medium unless the request will require programming or manipulation of data; (9) encourages governmental bodies to explore options to separate out confidential information and to make public information available to the public through electronic access; (10) requires the General Services Commission (GSC) to adopt rules for determining the charges for copies of public information; (I1) allows a governmental body to determine its own charges for T.51-percent information, as long as the governmental body does not charge more than a 25-percent variance from the GSC standards; (12) requires the GSC to make a determination concerning an exemption within 90 days of the request; (13) allows a governmental body to require a deposit or bond for payment only if the costs of preparing the copy exceed $100; (14) allows ® cities to set up charges for providing copies of geographic information systems databases; (15) specifies the type of information that must be sent to a Attorney General when a city requests the Attorney General to determine if information can be withheld from disclosure, and sets out time periods for providing that information; (16) requires the Attorney General to render a decision not later than the 60th working day (with an available 20-day extension) after receiving a request for a decision; and (17) provides that the governmental body may not sue the requestor of information and requires the governmental body and the Attorney General to notify the requestor of the requestor's right to intervene in the lawsuit if a lawsuit against the o Attorney General is filed. ' • O Additional amendments to the Act provide that public officials and employees can choose whether to allow access to their social security numbers and to information revealing whether they have family members. With certain exceptions, information concerning persons who use library materials or services are exempted from disclosure, Governmental bodies are not 6 A 0 I • ( c> e 4gontiaito required to copy information in a commercial book or publicatipp avai able to t c..,. governmental body. The bill requires the officer of public records to provide information-by mail if a person requests it and agrees to pay the postage. If the officer cannot produce the information within 10 days, the officer shall certify that fact in writing and set a date and hour within a reasonable time when the information will be available. H B 1882 Installment Payments of Taxes by Disabltd Person: amends Chapter 11 of the Tax Code to allow a disabled individual receiving a residence homestead exemption to pay in installments the ad valorem property taxes imposed on the residence. H.B. 2078 Sale or Lease of Protxriv: amends Section 272.001 of the Local Government Code, relating to the sale or lease of publicly owned property, to exempt land that lacks access to a public road from the notice and bidding requirements necessary to sell or convey publicly owned property. Additionally, the bill allows a city to sell land or an interest in property to abutting property owners without notice and bidding as long as: (1) the interest sold to the abutting owners is in the same subdivision, if the land has been subdivided; or (2) the interest sold to abutting property owners is in proportion to their abutting, ownership, and the division between owners is equitable. Finally, the bill defines what constitutes an "entity" for purposes of selling or conveying property to be developed for low or moderate income housing; the term "entity" is defined as an individual, corporation, partnership, or other legal entity. H.H. 205 Liability for Land Used for Recreation: amends Chapter 75 of the Civil Practice and Remedies Code to provide that the limitations of liability for injuries on premises used for recreation apply to governmental units. H.B. 2129 Hotel tkcupp_ncy Taxes: adds bed and breakfast establishments to the list of hotels that impose the tax under Section 156.001 of the Tax Code, but excludes housing on a university campus. The bill further provides that a person exempt from the hotel occupancy tax shall pay the tax at the time a room is rented and may then file with the state and the city for a refund. H.B. 2459 Public F nds Investment: amends various sections of Chapter 2256 of the Government Code. The bill provides that: (1) the governing body must adopt a written investment policy, and that policy, among other things, must include a written investment strategy; (2) anyone selling an authorized investment to an entity must sign a statement that a written copy of the investment policy has been received and reviewed and that controls are in place that would prevent "imprudent" investment activities; (3) funds must be placed in "authorized" investments listed in the hill; (4) the treasurer, chief financial officer, and investment officer must receive investment training; (5) an annual compliance audit of management controls over investments and quarterly investment transaction reports must be presented to the governing body; and (6) local government investment pools must be rated in e the highest category by at least one nationally recognized rating service, H.B. 2603 Liability of Volunteer Fire Lkoariments: amends Chapter 101 of the Civil Practice and Remedies Code to include volunteer fire departments in the definition of "govenunenial unit" in the Tort Claims Act, if the department is operated by its members and is an exempt organization under Section 501(c)(3) of the Internal Revenue Code. The bill limits the liability of volunteer lire departments to damages in a maximum amount of $100,000 • for each person and $300,000 for each occurrence for bodily Injury or death, and $100,000 for property damages, • • H.B. 2610 Appraisal Review Board Panels: allows the appraisal review board to refer a matter which was not accepted by one panel of the board to a different panel for rehearing, but the second hearing must follow the procedural requirements of an original hearing. The bill 7 • t3 • e further requires an appraisal review board before which a hearing K~ r#heduled to~ d~ el~iA written notice to the party not later than the fifth day before the hearing. H.B. 29 of Vamls an Outboard changes the appraisal method for the inventory o boats and outboard motors. This bill allows taxes to be calculated based on annual sales divided by twelve, rather than counting the inventory present on January 1 of a tax year. Under the bill, boat dealers will make monthly deposits with the county tax assessor as a prepayment of the tax on the inventory. The bill further provides that the tax assessor will distribute the taxes owed to the taxing units, notify the dealer when the prepayments do not cover assessed taxes, and retain interest earned to cover the costs of administering the escrow. H J.R 31 Prop~y Tax Exetnutlon: if approved by Texas voters at the November 7, 1995 general election, will allow for a property tax exemption for income-producing personal property and mineral interests that have a value of less than $500. (Please see H.B. 366, above,) H J R 35 Tax Exemption for Commercial Fishing Equipment: if approved by Texas voters at the November 7, 1995 general election, will allow the governing body of a political subdivision to exempt from ad valorem taxation boats and other equipment used for the commercial taking of fish and other marine life. (Please see H.B. 399, above.) L,J R 64 Residence Homestead Exemption for the EWCO: if approved by Texas voters at the November 7, 1995 general election, will allow the surviving spouse of a person who l received a property tax exemption for persons over 65 years of age to qualify for the same $ amount of homestead exemption the deceased spouse was receiving, provided the surviving spouse is at least 55 years of age and continues to live on the residence homestead. (Please see H.B. 1127, above.) S.B. 28 Damaees in Civil Actions/Joint and Several Liability: amends Chapter 33 of the Civil Practice and Remedies Code to provide that a claimant may not recover damages if the claimant's percentage of responsibility is greater than 50 percent, The bill provides that each liable defendant is jointly and severally liable for damages if the percentage of responsibility ittribuied to the defendants is greater than 50 percent (20 percent in the case of a "toxic tort"). Defendants can be held jointly and severally liable for injury resulting from conduct that violates certain sections of the Penal Code. Finally, S.B. 28 contains procedures for joining responsible third parties. S B 1 Frivolous Lawsuits: amends the Civil Practice and Remedies Code by addin* a new Chapter 10 concerning frivolous lawsuits. The bill provides that the signing of a pleading constitutes certification that to the signatory's best knowledge, information, and belief after reasonable inquiry, the pleading is not being presented for any improper purpose, including to • harass or cause unnecessary delay or needless increase in the cost of litigation; is warranted by existing law or a nonfrivolous agreement for modification of existing law or establishment of new law; is likely to have evidentiary support; and each denial is warranted on the evidence or is reasonably based on a lack of information of belief. 'rhe bill also provides sanctions and allows the court to award to the prevailing party reasonable expenses and attorney's fees incurred in presenting or opposing the motion if no due diligence is shown. tD S.B. 32 Venue: amends Chapter 15 of the Civil Practice and Remedies Code relating to venue in civil actions, to provide that proper venue is in the county in which all or a • • J substantial part of the events or omissions that gave rise to the claim occurred; in the county of the defendant's residence at the time the cause of action occurred; or in the county of the defendant's principal office. If none of these apply, then venue is in the county in which the plaintiff resided at the time of the occurrence of the cause of action. The bill includes provisions for establishing venue involving multiple plaintiffs or multiple defendants and 8 0 O • • 4pnndaNo- Apor,dal am_.__.._...- provides that a party may apply for a writ of mandamus to enfXe tnandaiory vesu+e ' provisions. S.B. Q- Construction Chana Orders: amends Section 252.048 of the Local Government Code by raising from $15,000 to $25,000 the amount of a change order that can be approved by an administrative official, if authorized by the governing body. B, 366 State Library and Archives Comm ion: continues the State Library and Archives Commission and provides as follows; (1) reduces to ten the number of local government representatives on the Local Government Records Committee; (2) changes from 1995 to 1999 the deadline for a records management officer to file local schedules with the state librarian; and (3) allows a records management officer, in lieu of filing a records control schedule, to file a certificate that the local government will comply with the minimum retention periods set by the Commission. S.D. 636 Oren Reads: amends Chapter 552 of the Government Code to provide that the only suit a governmental entity may file to withhold Information under the Open Records Act is a challenge of a decision by the Attorney General. The bill specifically states that a governmental entity may not file suit against the person requesting the Information, and requires the governmental entity to notify the requestor: (1) that the suit has been filed, (2) that the requestor has a right to intervene in the suit, (3) that the suit is against the Attorney General; and (4) of the address and phone number of the office of the Attorney General. S. B. 640 Sales Taxes: amends several chapters of the Tax Code. Of particular importance to cities are the following: 1. The bill adds a new Section 3211.1022 to the Tax Code to require the comptroller, upon request, to provide to a city with a prpulation under 50,000 information relating to the amount of sales tax paid to the city by any businma that annually remits sales tax payments over $100,000. 2. An amendment to Section 4A of Article 5190.6, the Development Corporation Act, provides that a tax imposed under that section takes effect as provided by Section 321.102(a) of the Tax Code. (Note: this Tax Code section provides that a tax will take effect on the October 1 after the expiration of the first complete calendar quarter the comptroller has notice of the tax.) S.B, 642 - Collecting Ad Valorem Taxes: amends Chapter 42 of the Tax Code to allow a property owner appealing an appraisal to file an oath of inability to pay the taxes at issue and thus be excused from (lie requirement of prepaying the tax as a prerequisite to appeal, If the court finds that the prepayment requirement would constitute an unreasonable restraint on i access to the courts, S.B. 783 Review of Determination of Appraised Value: amends Chapters 41 and 42 of the Tax Code to provide that a person who leases either tangible personal or real property and who is contractually ob)igated to reimburse the property owner for taxes imposed on the property, may protest and appeal appraisal review board determinations. 0 S,., 1037 Custodians of Local Government Funds: amends Chapter 2257 of the Government Code to include federal home loan banks on the list of acceptable custodians of local government funds. S B 1092 --j terlocal Contracts: amends Section 791,013 of the Government Code to provide that all property held and used for a public purpose by an agency or local government 9 • 0 e Q e ,jurraNo IUL, ' iV? under an inierlocal contract is exempt from or subject to taxation in the same manne` r 17 tom'-' property were held and used by a political subdivision participating in the interloeal contract, S.B. 1314 Vehicle Auctions; amends Article 668b, V.A.C S., relating to licensing requirements for wholesale motor vehicle auctions, by adding a new section that exempts federal, state, and local governments from the auction licensing requirements. The act provides that motor vehicles owned by the United States, the State of Texas or any of its departments, agencies, or subdivisions may be offered for sale by a wholesale motor vehicle auction to a purchaser or prospective purchaser who is not licensed by the Texas Department of Transportation, S.B. 1329 lmnact Fees: amends Section 395.012 of the Local Government Code to allow a city to pledge impact fee revenue as security for an obligation issued to finance a capital improvement if the improvement is identified in the capital improvements plan, S.B. 1387 W. Transfer of Tax Lieas: amends Chapter 32 of the Tax Code to allow for contractual foreclosure of tax liens. The bill changes to 18 percent the Interest that may be charged by a person holding a tax lien. Under the bill, a contract may provide that a suit to foreclose a tax lien may be brought at a time different than that specified by statute, and may provide for default and acceleration of payment. The bill further provides that a transferee of a tax lien is entitled to exercise remedies possessed by the taxing unit. S.B. 1422 Hotel Occupancy lax: amends Section 111.006 of the Tax Code to allow the state comptroller or Attorney ,:neral to disclose hotel occupancy tax audit information if. (1) a city which imposes the tax requests such information, (2) the city uses the Information only for enforcement or administration of its tax, and (3) the city keeps the information confidential. Community and EconomJc Development H.B. 645 Plata: provides that a city may delegate to an employee the authority to approve certain amended plats that correct errors, adjust or relocate lot lines, and do not remove zoning or other regulations, (Note: these amended plats are more fully described in Section 212.016 of the Local Government Code.) H, B. 875 Board nt Adiyg meet: provides the following: (1) the board of adjustment may consist of more than five members; (2) the governing body must establish the procedure for appointment and may require that each member of the governing body, including the mayor, Shall appoint one member to the board; and (3) cases must be heard by 75 percent of the members and must have a vote of 75 percent of the members to reverse a decision of the building official, decide in favor of an applicant, or authorize a variance from the terms of a e zoning ordinance. UJL1647_•- Planning Services-, provides that "planning services" services primarily intended to guide governmental policy to ensure the orderly and coordinated development of state, municipal, county, metropolitan, or regional land areas are exempted from the competitive bidding statute. e H.B. ,ZQ65 Enterer adds areas that have a substantial increase In juvenile crime • • to the list of areas el gibll a for enterprise zone designation The hill clarifies that the number of municipal enterprise zones is riot reduced for an area that has been designated as a federal enterprise zone, federal empowerment zone, or federal enterprise community. The bill further provides that; (1) the governing body must apply to the Texas Department of Commerce for J the designation of a qualified business as an enterprise project, if a qualified business in an I to e 0 • • +4 wlaNo tWl'jdultort enterprise zone has made a request to the governing body; (2) a qualified -entetpti=_pr_9.~ ct or f governing body may pelidon the appropriate regulatory authority to receive a reduclR in utility rates not to exceed five percent; (3) a subcontractor is not required to execute a 1wi formance bond as requited by Chapter 2253 of the Government Code if the work is in an enterprise zone and the amount of the contract does not exceed $200,{700; and (4) enterprise projects are eligible for additional tax refunds for labor for remodeling, rehabilitation, or construction of structures and for electricity and natural gas. HB, 2069 Qisannexations: adds to the Local Government Code a new Section 43.147 l which provides that a city that disannexes a mad or highway shall also disannex a strip of area that is equal in size to the minimum width that can be annexed, unless the disannexation is undertaken with the agreement of the county. F H.B. 2758 Annexation: amends Section 43.056(i) of the Local Government Code to provide that for annexations initiated after the effective date of the act: (1) a person residing to an annexed area may apply for a writ of mandamus to enforce the annexation service plan; (2) if the court issues the writ, the city shall pay the person's court costs and reasonable attorney's fees; and (3) the writ must provide the city the option of disannexing the territory within 30 days, i II.B._3 Alr,port Zoning; amends Section 241.016 of the Local Government Code to require a political subdivision with a population of 45,000 or more to appoint an Airport Toning Commission before an airport zoning regulation may be adopted. The bill also provides that a Joint Airport Zoning Board is not required to appoint a commission. &K. 3 Truck Regulation{ substantially revises the Motor Carrier Registration Act by adding Article 6675c. Among other things, Section 11 of the bill prohibits a city from requiring registration of a tow truck that performs "consent tows" unless the tow truck owner has a business within the city. The bill provides that a city may, however, require registration of tow truck owners who perform "non-consent tows," and that a city may require non consent tow truck operators within the city to obtain a license or permit. Under the bill, the license fee may not exceed $15, and the city may not charge such fees to a person who has a license and performs only consent tows, The bill provides thatr (1) the Department of Public Safety shall establish procedures for certification of municipal peace officers to enforce provisions of this legislation; (2) peace officers eligible for certification are those; (a) within large cities (100,(00 or more), (b) within smaller cities (25,000 or more) that are within large counties (2A million or more), or (c) within a city any part of which is situated in a county bordering the United Mexican States; (3) a city may retain fines from the enforcement of this article not to exceed I10 percent of the city's actual expenses I'or enforcement in the preceding fiscal year, as determined by the comptroller after reviewing the most recent city audit; and (4) a city must send all proceeds of fines that exceed the limit to the slate treasurer. • S.B. 14 Propgr(y RlghtslT,gkilW: enacts a new Chapter 2007 of the Government Code to regulate "takings" of private real property by governmental entities. A "taking" is defined as a governmental action that requires the governmental entity to compensate property owners under the U,S, or Texas Constitutions, or that affects private property in it manner that restricts or limits the owner's right to the property that would exist in the absence of the governmental action and is the producing cause of a reduction of at least 25 percent to the • market value of the property. There are numerous exceptions to the type of govenimenlal actions covered by this statute. It does not apply to an action taken by a city unless the action has effect gnly In the city's extraterritorial jurisdiction (ETJ) and does not Impose identical requirements In the entire ETJ, It does not apply to annexations In the ETJ. If a lawsuit is brought and it is determined that a taking has occurred, the governmental entity shall rescind the action, or it may elect to pay the damages as compensation to the property owner. The bill requires the Attorney General to prepare guidelines and to assist governmental li • i • entities in identifying and evaluating governmental actions that may tesWt_in.aA&Wag,.-JS a proposed governmental action is covered by the statute, the governmental entity must prepare a takings impact assessment in a form outlined in the statute. S.B. 345 Tax Abatement and Reinvestment Zones: contains the following provisions: 1. Allows a sales tax refund of state sales and use taxes and state franchise taxes to offset property taxes paid to a school district if the property is in a reinvestment zone and is subject to a tax abatement agreement. To be eligible for a refund, the business must meet investment and employment criteria, The business is entitled to the refund for five years or the duration of the lax abatement agreement, whichever is less. 2. Requires that a tax abatement agreement contain each term agreed to by the property owner, requires that the property owner certify annually that he/she is in compliance with each term of the agreement, and allows the governing body to cancel or modify the agreement for non-compliance, 3. Extends the expiration date of Chapter 312 of the Tax Code, relating to property redevelopment wid tax abatement, until September 1, 2001, 4. Adds a new Subchapter to Chapter 312 of the Tax Code, authorizing county development districts. A county district will be similar to a municipal development corporation under Article 5190.6, V.T.C,S., but can be formed only if all property owners in the proposed district agree. A district may be dissolved by agreement between a city and the listrict's board of directors if all of the territory within the district is .situated within or is snnexed by the city. The city would be required to assume all contracts and obligations of the district, and the tax would be abolished. S.D. 365 Texw Historical ComnlWlon: amends the Government Code and Subchapter C, Chapter 191, of the Natural Resource Code to abolish the Antiquities Committee and transfer its functions to the Texas Historical Commission ("Commission"). The bill also requires the person responsible for breaking ground on a project on state or local public land to notify the Commission. Under the bill, the Commission will then determine if a historically significant archeological site is likely to be present at the project and if an archeological survey is necessary. The determination must be made no later than 30 days after the Commission receives notice; if the Conunission fails to respond, the person may. proceed with the project. A project for a city or county requires this advance project review if: (1) the project affects a cumulative area larger than five acres or disturbs a cumulative area of more than 5,000 cubic yards; or (2) the project is inside a designated historic district or within a recorded archeological site. The bill provides that these notice requirements do not apply to a city that has entered into a memorandum of understanding for coordination with the Commission. The bill also exempts several activities from the bill's notice requirements, including but not limited to: (1) upgrading of electrical transmission lines when there will he no disturbance of • the existing easement; (2) road maintenance that does not involve widening or lengthening; and (3) installation or replacement of meter taps. Finally, the bill provides that an individual or privite group seeking to nominate as historic a building owned by a political subdivision must give notice of the nomination in a newspaper of general circulation, and an original coppy of the notice and an affidavit of publication signed by the newspaper's publisher must be submitted to die Commission with the application for nomination. S.B. 390 Property Acaulsitiom amends Chapter 21 of the Property Code to require a • governmental entity seeking to acquire real property for public use to disclose to the property owner all appraisals used to determine the final valuation offer. The bill also requires the / property owner to disclose appraisal reports to the governmental entity. 'fhe bill does not 12 • • 4gondaNo apply to acquisition of property over which a governmental entltylave+rnkwat•--- domain authority, tills S.B. 609 Pool Enclosures: amends Section 214.101(a) of the Local Government Code to require that a municipal ordinance containing standards for a pool yard enclosure at a multi- family dwelling follow the standards outlined in Chapter 757 of the Health and Safety Code. S.B, 882 i ogg Sits: amends Article 4477-9a, V.T.C.S., to allow logo signs for ggas, food, lodging, and camping establishments to be placed along certain eligible highway rights- of-way. S.N. 1198 Nuisance Abatement: amends Section 214.001 of the Local Government Code to require a city to use its best efforts to determine the identify and address of any owner, lienholder, or mortgagee of a substandard building, and provides that the city should use county clerk records and any other sources available. The bill also allows a city to assess a civil penalty against a property owner for violations of a substandard building ordinance at an administrative treating, Under the bill, the penalty on homestead property may not exceed $10 a day, and on other property may not exceed $1,000 a day. The bill requires that to assess the penalty, the city must prove that the property owner was notified of the ordinance and its requirements and failed to comply. The bill also provides that a city may abate, without notice, weeds that have grown higher than 48 inches and are an immediate danger to the health, life, or safety of an person, but the city must give the property owner notice of the weed abatement within 10 days of the abatement, Finally, the bill requires the city to conduct an administrative hearing on the abatement if the owner files a written request for such a hearing within 30 days of the abatement. S.B. 1545 Seizure and Sale o[ Abandoned Real Property: sets out the procedure by which a city may seize and sell abandoned real properry~ill provides that the property must be within a city; be less than one acre; am be abandoned, unused, or vacant for at least one year. Further, the taxes on the property must be delinquent for five years, or delinquent for three years with a lien for remedying a health and safety hazard. The bill provides that when property becomes subject to seizure, the tax collector shall apply for a tax warrant, make reasonable inquiry as to the owner of the property, and send notice of the Impending tax sale. S.B. 1704 Permit Review and Aut,roval: amends Chapter 481 of the Government Code relating to the regulations or ordinances applicable to a project when an application for a permit is filed. The bill provides that preliminary plans and related subdivision plats, site plans, and other development permits are considered collectively to be one series of permits; and that the requirements in the statute are enforceable solely through declaratory, mandamus, or injunctive relief. The bill also establishes new exemptions to the application of the statute, including regulations for the construction of buildings or structures, zoning, adult-orlented • businesses, colonias, fees, annexation, utility connections, imminent destruction of property or injury to persons, and construction standards for public works. RMI l~"29 Civil Sery~g; adds to Chapter 143 of the Local Government Code a new • Section 143A251 which allows a civil service commission to adopt rules to allow a peace officer who voluntarily resigns to be reappointed without taking another entrance examination. • 11 B 2168 Texas Municipal Retirement System_(THM, amends Chapters 851 through 854 of the Government Code, relating tome operation of TMRS. The bill nukes the following changes: 13 • ca • 1, Adds a new option allowing cities to adopt retirement eligibility-with-20-years of service regardless of age, following completion of an actuarial cost study and a public hearing. 2. Provides for continuation of benefits for a retiree who returns to work for a different TMRS city than the city retired from, and requires resumption of membership in TMRS for retirees who return to work for more than 1,000 hours per year in a TMRS city. Annuity payments are suspended if a retiree returns to work for the same city that he/she retired from. 3. Allows granting of "restricted prior service credit" for benefit eligibility purposes for service with certain airport authorities or for forfeited service in any statewide retirement system in Texas, 4. Provides for automatic resumption of "updated service credits" when a city's maximum contribution rate would permit such resumption. 5. Provides for compliance with revised IRS provisions regarding benefit payments beginning at age 70 1/2 for persons no longer employed by a participating city. 6. Clarifies the time period in which retirees may modify their form of payment or named beneficiary. 7. Allows annuitants to reduce their benefit to a specified amount or zero, 8. Provides for compliance with Internal Revenue Code Section 415 benefit limitations. 9. Increases the maximum employer contribution rate a city may elect to contribute to fund the level of benefits chosen by the city. H.B. 2766 man r lb (:an P! r adds a new Subchapter G, known as the "Patient Protection Act," to ]nsurance Code, The bill provides thaU i 1. The Commissioner of Insurance may adopt rules to ensure compliance with the Act. 2. A managed care plan (MCP) shall provide prospective enrollees with a written plan description as detailed in the Act. 3. An MCP shall ensure that each enrollee has adequate access to all benefits provided, including access to a "comprehensive cancer center." 4. An MCP shall provide to the Commissioner information on the plan's approved providers. 5. Each MCP shall establish a mechanism for the plan's providers to provide advice on the plan's coverages and operations. 6. Each MCP shall disclose to providers the plan's provider application process and shall give a provider not selected each reason the provider's application was denied. • 7, If economic criteria are p,,'t of the decision to select or terminate a provider, the • • criteria shall be made available to applicants and providers, and the criteria shall be adjusted to "recognize the characteristics of a provider's practice that may account for variations from expected costs." 14 -'h r rxccl raY~1 ~f~ ~~.i s • • ngor~nNa, (kale.--- 8. If an MCP uses economic profiling of providers, the profile must be made available to the provider profiled. 9. Before a provider's contract is terminated, the MCP must provide a written explanation, an opportunity for discussion, and an opportunity for the provider to complete a "corrective action plan." 10. An MCP shall cover emergency care services, without regard to whether the provider of such services is a contract provider. S.B. 118 Crhninal Histories: adds to Chapter 411 of the Government Code a new Section 411.128 which allows a city to obtain criminal history information relating to any person who applies for employment with the city. S.D. 520 Texas Municlpal remcM amends Chapter 854 of the Government Code, relating to the operation o TMRS, to provide that a governing body may authorize retirement when an employee has at least 20 years of credited service in the TMRS system. The bill provides that before a governing body may elect to allow members to retire at 20 years of service, the governing body must: (1) prepare an actuarial analysis of retirement annuities at 20 years of service; and (2) conduct a public hearing pursuant to the Texas Open Meetings Act, Chapter 551, Government Code. S .D. 695 Personnel ecords: adds to Chapter 614 of the Government Code a new Subchapter E that relates to personnel records of peace officers and fire fighters. Most of the bill applies only to cities that exceed 10,000 In population and are not covered by Chapter 143 of the Local Government Code (fire/police civil service). The bill provides that 1. A personnel file must contain; (a) any commendation or other honur bestowed on the employee by anyone; (b) any record of misconduct, but only if the record Is made by the employer and the misconduct resulted in a disciplinary action which was not reversed, (c) periodic evaluations; (d) any photograph maintained by the employer; and {e) any information pertaining to an investigation of the employee at the time the employee resigned. 2. If a record of "negative Impact" is placed in a personnel file, the city must notify the employee within 30 days and allow the employee to place a response in the file within 15 days, 3. The city may not release a record that is required to be in -the file without the employee's permission, unless the release is required by law, but the city may use a photograph for purposes of identification of the employee by a member of the public, • 4. The employer may maintain a "private personnel file" but may not release any information in that file. The bill also amends Section 143.089 of the Local Government Code by adding a new Subsection (h) which relates to release of an employee's photograph. (Note: this bill was the subject of a June 1, 1995 memo from TML to affected cities.) ! 5 B 1013 Poly-anki0iscinllne: amends Chapter 614 of the Government Code to: (1) • Y prohibit the use of polygraph examinations in internal police department Investigations, and (2) provide that a dis, iplinary action may not be taken against a municipal peace officer or fire fighter unless "there is sufficient evidence to prove allegations of misconduct," 15 0 0 e tv e s 1 member ciiies on (Note: this bill was ay 31, 1995. All citties are subject of to ask Governor Legislative to veto this bill.) M C.R. 1135 Texas Commisslon on4~Eatorcement O{Q r aandnrda and Education CL Lam: amends Chapter 415 of the Uovernment Code, relating to policies and procedures of TCLEOSE, by increasing the court costs in criminal cases from $1.50 to $3.50 and providing that the increased costs shall be allocated for administrative and continuing education expenses of TCLEOSE. Under the bill, the money allocated for continuing education will be reallocated to local law enforcement agencies to meet training requirements. Additionally, the bill provides that if an individual resigns or his/her employment is terminated with a law enforcement agency, the head of the agency must submit a report to TCLEOSE explaining the circumstances under which the person resigned or was terminated. The bill requires that a copy of the report be provided to the person who is the subject of the report, attd that all information in the report is confidential and not subject to public disclosure. 1337- Texas Commissi2tA ___1A " nt Offleer Standards and Education LTA: amends Chapter 415 of the Government Code, relating to the policies and procedures of TCLEOSE, to provide that course curricula used by local governments must contain learning objectives developed by TCLEOSE. Also, the bill allows a local department head to determine whether courses relating to child abuse, child neglect, family violence, and sexual assault are consistent with an officer's' assigned duties, before an officer will be required to take such courses. The bill allows a local government or its course trainers to include their own materials when teaching courses related to child abuse, child neglect, family violence, and sexual assault. Finally, the bill provides that persons convicted of felonies and placed under community supervision shall have their licenses immediately suspended, and that a court that knows that a person convicted of a felony is a licensed peace officer must send TCLEOSE notice of the conviction. PubUc Safay B. 327 • Jueeuile 3ustlsg: this is a massive juvenile justice bill that does the following: 1, Provides additional services to persons of 7 to 17 years of age who are considered to be at risk of developing criminal or behavioral problems. 1 Establishes additional programs for runaways, truanis, and juveniles who commit misdemeanor offenses, 3. Expands such services as counseling, training In parental skills, and short-term emergency residential care. e 4. Lowers from 15 to 14 the age at which a juvenile can be tried as an adult in capital murder and first degree felony cases, 5. Allows for the permanent certification of a juvenile offender; that is, once a juvenile is certified as an adult for any crime, that person can be tried as an adult for any future felony. e 6. Allows juveniles who are sentenced to a Texas Youth Commission facility to be paroled at age 18; but if their paroles are revoked, they will go to adult prisons. e 7. Establishes a habitual offender status under which a juvenile could receive a 40- year sentence for a third felony, lj 16 e d • • J~ntxja Nu vlr';(ia~tCm 8. Establishes a seven-step system of progressive punishments bard on se ert - crime and the juvenile's criminal history. 9. Allows law enforcement agencies to fingerprint and photograph an arrested juvenile if the alleged offense could result in jail time. 10. Creates a statewide juvenile offender information system. Several provisions of the bill relate specifically to cities, They include the following: 1. Linder cert -in conditions, a juvenile can be held by a law enforcement agency only in "a place of nonsecure custody" and only for a limited period of time. (New Section 52.027 of the Family Code.) 2. A juvenile who is in custody for violating a municipal juvenile curfew ordinance shall be released to his/her parents, taken before a municipal jud*e, or taken to a "juvenile curfew processing office" which must be operated under the conditions described in the act. (New Section 52.028 of the Family Code.) 3. A juvenile court may waive its jurisdiction over a truancy case and transfer the case to a municipal court, 4. If a municipal court finds that a juvenile has committed a misdemeanor punishable by a fine only (other than a traffic offense or public intoxication), the court may require the juvenile to attend a special program. For a subsequent offense, the court may require both the juvenile and the parents to attend special programs. (New Section 54.022 of the Family Code.) 5, The liability of a city that establishes a juvenile community service program is limited. (New Section 54,044 of the Family Code.) 6, A general law city may adopt a juvenile curfew ordinance. (New Section 341.904 of the local Government Code.) 7. Any city that has a juvenile curfew ordinance must review its effectiveness every three years. Failure to do so will cause the ordinance to expire, (New Section 370.002 of the local Government Code.) 8, Subject to availability of funds, the state shall award community youth development grants to communities in which there are high incidences of juvenile crime. (New Section 16 of Article 4413(503),) . H B_330 Teen 9uh: amends Article 45.55 of the Code of Criminal Procedure to allow a municipal or justice court to exempt a defendant receiving deferred adjudication under the teen court program from court costs or fees imposed by another statute. if. B. 632 P1aYground Fgplpment: amends Chapter 756 of the Health and Safety Code to prohibit the use of public funds, after September 1, 1997, to purchase or Install playground equipment that does not substantially comply with the 1994 Handbook for Public Playground Safety published by the Consumer Product Safety Commission, Public funds may, however, 0 be used for maintenance of playground equipment purchased before September 1, 1997. H.B. 6192 Injuries to Criminal : amends the Civil Practice and Remedies Code by adding Chapter 87 to generally prohibit a convicted criminal from recovery of damages for an injury sustained during the commission of a crime. 17 03 LLB, 886 Municipal Court Mistrials: adds a new Section 3044 to the-Civit-Pmetiee and Remedies Code to provide that if a jury in a justice or municipal court is discharged without rendering a verdict, the case may be tried again as soon as practicable, H.B. 918 Municipal Court Anneals: amends Chapters 44 and 45 of the Code of Criminal Procedure to provide that an appeal from a justice or municipal court will be perfected if the appeal bond has been filed with the judge or justice not later than 10 days after the date the judgment in a case has been entered. Under the bill, if the appeal bond is not timely tiled, the appeals court does not have jurisdiction over the case and shall remand the case back to the justice or municipal court for sentencing. The bill also provides that no appeal by either the defendant or the state may be dismissed because of a defect in the transcript, and an appeal may not be dismissed because of a defect in the complaint. Finally, the bill adds a new requirement that the clerk of a court must note the date a judgment is entered on a docket, H.B. 1648 Municipal (I' r Just s i i n: amends Section 29,003 of the Government Code and Article 4, l4, V.A.C,S., to clarify the jurisdiction of municipal courts, including municipal courts of record. The bill provides that municipal courts have exclusive original jurisdiction in all criminal cases that: (1) arise under ordinances of the municipality; and (2) are punishable by a fine not to exceed; (a) $2,000 in cases arising under a municipal ordinance that regulates fire safety, zoning, or public health and sanitation; or (b) $500 in all other cases. The bill increases the concurrent jurisdiction of municipal courts by providing that no matter what the monetary fine amount, a municipal court has concurrent jurisdiction with a justice court of a precinct in which the municipality is situated in all criminal cases arising under state law that: (1) arise within the territorial limits of the municipality, and (2) are punishable by line. Additionally, the bill defines a "fine only offense" as an offense punishable by fine and other sanctions as authorized by statute that do not involve confinement in jail or imprisonment, but that may involve rehabilitative or remedial measures. H.H. 1966 Municipal Court Records: adds a new Article 45.021 to the Code of Criminal Procedure to allow records to be created electronically in municipal court. Under the bill, a document issued by a municipal court may be created by optical imaging, optical disk, or usher electronic means, as long as the technique does not allow original documents to be altered, changed, or deleted. The bill provides that electronically created documents must be retained as provided by law. HH B 2083 Parkins: provides that a political subdivision may appoint and authorize a person to file charges under Article 6675a-5e.1, relating to parking for the handicapped, but the person must complete a training program developed by the political subdivision and is not entitled to compensation for Performmg these duties. Under the bill, the political subdivision is not liable for damages arising from an act or omission of the appointed person, and the minimum fine for a violation of the act is $100, which is enhanced for subsequent violations. H B 2460 ClEarettes and Tobace_o. Pr dg ucts: amends Chapter 161 of the }lealth and Safety Code relating to the sale or distribution of cigarettes and tobacco products to minors. The bill prohibsts vending machines containing cigarettes and tobacco products in a place that ® is accessible to persons younger than 18 years, except for certain enumerated places including , bars, private businesses not open to the public, places to which minors are not permitted 0 access, places in which the vending machine is under the supervision of the owner or an employee, industrial or manufacturing plants, business offices, colleges or universities, and military installations. The bill also provides that a minor commits an offense if he/she possesses, purchases, or accepts cigarettes or tobacco products or falsely represents his/her age for the purpose of receiving cigarettes or tobacco products. Requires the owner of stores 18 0 0 • 0 • where tobacco products are sold to notify each employee of certain procedk*'s-conc4raing the sale of cigarettes and tobacco products, H,B. 2460 also preempts cities, counties, and other political subdivisions from adopting any ordinances, rules, or regulations concerning the sale, distribution, advertising, display, or promotion of cigarettes or tobacco products. H.B. 3071 Fingerprinting Fees: amends Section 80.001(b) of the Human Resources Code, relating to fingerprinting for identification purposes, to provide that: (1) a law enforcement agency may charge a fee not to exceed $10 for fingerprinting services, and (2) the law enforcement agency may retain records of fingerprints made pursuant to this section without the consent of the person whose fingerprints were taken. S.B. 60 RJght-tQ&arrv: authorizes certain qualified and trained individuals to obtain a license to carry a concealed handgun. The bill has the following provisions of specific in.erest to cities: 1. On the request of a local law enforcement agency, the state shall provide a list of license holders who reside In the county in which the agency is situated. 2. A peace officer may ask that a person's license be revoked or suspended for certain reasons laid out in the bill, 3. Neither a city nor a peace officer shall be liable for taken an action authorized in the act or for not taking an action imposed by the act, nor shall they be liable for any damage done by a license holder. 4. A city may prohibit a licensee from carrying a handgun on the city's premises, with "premises" being defined as a building or part of a building, but not a street, sidewalk, or parking area. 5. A licensee may not carry a handgun at any meeting of a govermnental entity. 6. A city may not regulate the carrying of a firearm by a licensee in a park or at a political rally or parade. S.B. 68 Firearms: amends Chapter 42 of the Penal Code to create a Class A misdemeanor for recklessly discharging a firearm in a city with a population of 100,000 or more. The bill also establishes a common nuisance for knowing) maintaining a place, other than a sport shooting range, to which persons habitually go for the purpose of discharging a firearm. Under the bill, a city may still enact an ordinance prohibiting the reckless discharge of a firearm. S.B. 187 Peace Officer Overtime Pay: amends Article 102.011 of the Code of Criminal • Procedure, relating to court costs, to provide that a defendant convicted of an offense must pay court costs for overtime paid to a peace officer for time spent test fying at a trial or for time spent traveling to or from a trial. S.B. 261 Delinquent Fines: ands a new Article 670ld-28, V.A.C,S., to provide for the collection of a penalty on delinquent motor vehicle misdemeanors, The bill defines a motor vehicle misdemeanor as a violation of a statute or municipal ordinance punis~ab),, a • misdemeanor that: (1) regulates the parking or stopping of a motor vehicle, (2) regi., _ driver's conduct or condition while operating a motor vehicle, or (3) regulates the condhiol. of A • the motor vehicle while it is being operated. The act provides that a court of competent jurisdiction may collect or assess a fee on fines that have not been paid within 31 days after the date the fine was due and owed to a city or county. Under the bill, the fee that may be collected for delinquent fines Is 20 percent of the fine or $50, whichever is less. Finally, the 19 • 0 ca • bill provides that this act does not prevent a city from using any otherl"ta~ N means to-enforce a judgment. S.B. 281 Evading Arrest: amends Section 38.04 of the Penal Code to provide that a person who uses a vehicle while intentionally fleeing a police officer attempting an arrest commits a Class A misdemeanor. The bill also provides that: (1) if the person previously has been convicted under Section 38.04, then the bill makes the use of the vehicle in flight a state jail felony; (2) if another person suffers serious bodily injury as a result of the flight, the actor commits a third degree felony; and (3) if a person dies as a result of the flight, the actor commits a second degree felony. S.B. 284 Peace Officer Llabilily: amends Chapter 5 of the Code of Criminal Procedure to allow a peace officer to assist a victim of family violence or a child in the care of a victim in gathering personal property and going to a place of safety. The bill also provides that the peace officer is not subject to civil liability for providing such assistance. S.B. 349 Municipal Court Security: amends Section 102.017 of the Cod,; of Criminal Procedure to allow a city, at its option, to require a person convicted of a misdemeanor offense in municipal court to pay a three-dollar fee to be used for a "municipal court building security fund. S.II. 707 Aerosol Paint: amends the Health and Safety Code by adding a new Section 485.0331 which makes it a Class C misdemeanor for an unsupervised minor to possess aerosol paint. Also adds a new Section 485.019, which requires a business that sells aerosol paint to: (1) keep the paint in sight of an employee, (2) keep the paint inaccessible without the assistance of an employee, or (3) keep the paint electronically protected or viewed by surveillance equipment. S.B. 1060 Municipal Court Jury Trial : adds a new Section 45.251 to the Code of Criminal Procedure to provide that a municipal or justice court may order a party who demands a jury trial to pay the costs of impaneling a jury when the party fails to appear for trial. The bill further provides that: (1) a court may release a party from the obligation to fay if good cause is shown; and (2) it' costs are assessed for failure to appear at a jury trial, the court may enforce its order through contempt proceedings, LB. 1217 Asset Forfeiture; provides that: (1) the citation which is served on the owner of a forfeited motor vehicle may be sent to the last address listed with the Texas Department of 'T'ransportation; (2) if the citation is returned unserved, a notice of the srizure and intended ji forfeiture will be posted at the courthouse door for 30 days; (3) a default judgment shall be ll entered if the owner fails to appear, provided that the attanzoy representing the state files an affidavit setting forth the attempted service; and (4) notification shall also he provided to the • possessor of the forfeited motor vehicle. S,B, 1504 - Failure to Appear: provides that: (1) a political subdivision may contract with the Texas Department of Public Safety (DPS) to provide information necessary for the DPS to deny renewal of a driver's license of a person who has failed to appear for a traffic violation; (2) a written wanting shall appear on the citation which states that if the person fails to appear in court as required by law for the prosecution of the offense, the person may be denied ® renewal of the person's driver's license; (3) a political subdivision shall notify DPS when there ' • is no cause to continue to deny renewal of the license; (4) the political subdivision shall require a person to pay a fee of $30 for each violation for which the person failed to appear; (5) an officer collecting fees shall keep separate records of the funds collected under this article and shall deposit the funds in the municipal treasury; (6) the custodian shall remit $20 of each fee collected to the comptroller on or before the last day of each calendar quarter and retain $10 of each fee for deposit to the credit of the general fund of the municipality; and (7) the stale and 20 • 0 • tza • I+'lllll'll tillikIlklOoll, !Ili hi"llml, 1111,11 10ilillll 110 II In 110 II•I'lllllp III Ilit11,1rI1rNNl NI It +hltl'I'I it111141, S,N. 10til 1,.i111`t11oln INIlIIl vollNOl' '0II00' I;vt 111th 119 001 111 Ills, i likkOlliti11'lll l'Itlll' 11, 1NI.'III& I.oli lll`r,`l 1111 ' I~ 411N1111N< VIII t111111NI rI I`'II'V1+' ,I IIItl1< ;it III 1;1111-4'0 11VIItIIII I,i prritI to itlf' 11111 ;1ixII !1111,11":1W Illgilke IIliI11111'". 1,111111Ir<. 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Vi - H B 2128 Telecommunlcations: one of this session's three major amendments to the Public Utility Regulatory Act (see also S.B, 319 and S.B. 373), this bill significantly revises regulation of telecommunications in Texas, The bill establishes minimum services to be provided by each holder of a certificate of convenience and necessity (CCN) by December 1, 2000; details the PUC's authority over rates and services; regulates extended area toll-free service, caller ID services, interexchange services, "baskets" of services, and automatic dial- announcing devices; contains detailed incentives and requirements for the establishment of an advanced telecommunications infrastructure; implements competitive and broadcaster safeguards; regulates electronic publishing and information technology services; establishes a telecommunications service assistance fund for disabled and poverty level applicants; authorizes the establishment and regulation of statewide services for the hearing and speech impaired; and creates the telecommunications infrastructure fund. Of particular interest to Texas cities are the provisions in Section 3.2555, entitled "Discrimination." Under that Section, an applicant for a certificate of operating authority or service provider certificate of operating authority shall file with its application a sworn statement that it has applied for any necessary municipal consent, franchise, or permit required for its services. This Section also provides that; (1) a city may not discriminate against a telecommunications utility in relation to the authorization to place facilities within a public right-of-way, access to buildings, or municipal utility pole attachment rates, terms, and conditions to the extent not addressed by federal law; (2) in granting a consent, franchise, or permit to use streets, alleys, or rights-of-way, a city may not discriminate in favor of or against a telecommunications utility in regard to reasonable compensation whether money, services, use of facilities, or other consideration and may not charge pole attachment rates or underground conduit rates that exceed the rate the utility would be permitted to charge if its rates were regulated under federal law. Section 3.2555 prohibits public and private property owners from; (1) interfering with a utility's Installation of facilities requested by a tenant; (2) discriminating against a utility in relation to installation, terms, conditions, and compensation of the utility to a tenant; (3) demanding or accepting an unreasonable payment from the tenant or the utility for allowing the utility on the owner's property; and (4) discriminating in favor of or against a tenant because of telecommunications services the tenant receives. Section 3.2555 authorizes a public or private property owner to: (1) impose conditions on the utility necessary to protect the safety, security, appearance, and condition of the property; (2) impose reasonable time limitations for access by the utility; (3) require an indemnification agreement for damage to the property; (4) require the tenant to bear the entire cost of installation, operation, and removal of facilities; (5) Impose limitations on the number of • utilities having access to the property if space constraints so require; and (6) require the utility to pay compensation that is reasonable and nondiscriminatory among telecommunications utilities. Section 3.2555 expressly declares that "Inlothing in this Act shall restrict or limit a municipality's historical right to control and receive reasonable compensation for access to its public streets, alleys, or rights-of-way or other public property." (Note, in order to eliminate ® any doubt about the legislative intent behind this provision and the meaning of "historical right," Senator Florence Shapiro and Senator David Sibley stated on the floor of the Senate • that the bill "does not diminish the authority of municipalities, as such authority existed prior to the effective date of this Act, to regulate the use of municipal streets by utilities and to require utilities to pay compensation for the use of such streets. 22 • tti • Section 3.2555 authorizes the holder of a CCN, certificate of operation adtll"i or service--- provider certificate of operating authority to generate the fee imposed by a city through a pro rata charge to its customers within the boundaries of the city imposing the fee and to show that charge as a separate line item on the customer's bill. inally, Section 3,251 prohibits a city from receiving a CCN or other type of operating certificate and from offering any service that requires a certificate. H.B. 2296 Voiuntpy Cleanup: adds Subchapter S, entitled "Voluntary Cleanup Program," to Chapter 361 of the Health and Safety Code, and promotes the voluntary cleanup of solid waste, hazardous waste, or other contaminants by exempting from permitting and relieving from liability those persons who conduct the cleanup program in compliance with the Act. Under the bill, general requirements for participation include submission of an application, payment of an.. application fee, execution of a voluntary cleanup agreement with the Texas Natural Resonfce Conservation Commission (TNRCC), oversight of the cleanup by the TNRCC, reimbursement of the TNRCC for all costs of oversight, and issuance of a certificate of completion by the TNRCC. Persons released from liability will not include a party responsible for the contamination, but will include future landowners and lenders. H,B, 2473 )Environmental Comp]iange Audits: enacts the "Texas Environmental, Health, and Safety Audit Privilege Act" to provide a privilege from disclosure for an audit report prepared to determine compliance with environmental, health, or safety laws. Under the bill, a "person" is defined as "an individual, corporation, business trust, partnership, association, and any other legal entity," and the "person" may conduct an audit to correct past noncompliance, improve current compliance, or prevent future noncompliance with environmental, health, or safety laws or regulations. The bill provides that the contents of the audit report will he privileged and not admissible into evidence in a civil, criminal, or administrative proceeding, unless the privilege is expressly waived by the owner or operator who prepared the audit. However, the bill specifies that the contents of an audit may he disclosed if there is reasonable cause to believe that a criminal offense has been committed, and the attorney for the state obtains the audit report under a search warrant or criminal discovery, after which a court conducts a review of the audit report and finds all or a part of the report is subject to disclosure. The Act also provides immunity for the voluntary disclosure of a violation of an environmental, health, or safety law when; (1) the disclosure is inade promptly after knowledge of the information disclosed is obtained; (2) the disclosure is made in writing by certified mail to the appropriate regulatory agency; (3) investigation of the violation was not initiated or independently detected by the regulatory agency before the disclosure; (4) the disclosure arises out of a voluntary compliance audit; (5) the person making the disclosure initiates a Pr%riate efforts to achieve compliance; (6) the person making the 1 disclosure cooperates wN the regulatory agency in investigating the matter; and (7) the violation did not result in injury to one or more persons at the site or substantial off-site harm to persons, property, or the environment. • H.S. 2944 Solid 1Y&te Disposal Fees: amends Section 361.013 of the Health and Safety Code to prohibit the Texas Natural Resource Conservation Commission from charging a fee on solid waste resulting from a public entity's effort to protect the public health and safety from: (1) the effects of natural or man-made disasters, or (2) structures associated with drug trafficking or other crimes, if the disposal facility donates the cost of disposal to a city, county, or other political subdivision. The bill prohibits solid waste tipping fees ou industrial ® solid waste for which no permit is required and industrial solid waste or hazardous waste for • • which a fee is already assessed. H,B, 3072 Use of Solid Waste Fee Reventig: amends Section 361,014 of the Health and Safely Code to limit the amount of solid waste tipping fee revenue the Texas Natural Resource Conservation Commission (TNRCC) may use for solid waste permitting and enforcement and i 23 l' ll 0 • CJ 0 for activities to enhance the slate's solid waste management program. That amount is limited to one-half of the total amount collected. Under the bill, the other one-half is dedicated to local and regional solid waste projects consistent with regional plans approved by the TNRCC, and shall he allocated to such regions according to a formula based on population, area, solid waste fee generation, and public health needs. The bill provides that a funded project or service must promote cooperation between public and private entities and may not be used to create a competitive advantage over a private recycling or solid waste provider. S.D. 12 TNRCC Hearings: adds Sections 2003.047 and 2003.048 to the Government Code requiring the State Office of Administrative Hearings (SOAH) to create a natural resource conservation division to hear contested cases for the Texas Natural Resource Conservation Commission (TNRCC). The bill lays out the general procedures for the hearing of cases by administrative law judges; the preparation of proposals for decision; their consideration for adoption by the TNRCC; and the payment of a fixed annual fee, rather than an hourly rate, by the TNRCC to the SOAR. S.B. 200 Alternative Fuels: amends Chapter 382 of the Health and Safety Code to significantly revise the state's alternative fuels program, Amendments to Chapter 382 broaden the definition of "alternative fuel" to include any fuel or power source used in a clean-fuel vehicle that allows the vehicle to comply with federal Clean Air Act standards and emission limits, and define a "clean-fuel vehicle" as one that meets the standards of Part C, Subchapter 11, of the Clean Air Act and emission standards under clean fuel fleet program regulations, The amendments to Chapter 382 contain provisions applicable to local government fleets of more than fifteen vehicles operating in non-attainment areas In which emissions must be reduced in order to meet federal ambient air quality standards, and to private fleets of more than 25 vehicles operating in such areas. Section 382,133 Is amended to eliminate the requirement that the TNRCC determine that the alternative fuel program is effective in reducing emissions and improving overall air quality and is necessary to comply with federal ambient air quality standards for ozone, carbon monoxide, nitrogen, and particulates. The amendments now allow TNRCC to establish rules to require a local government to ensure that its fleet operates on an alternative fuel according to the following schedule: (1) thirty percent of vehicles purchased after September 1, 1998 or at least ten percent of the total fleet as of September 1, 1998; (2) fifty percent of fleet vehicles purchased after September 1, 2000 and at least twenty percent of the total fleet as of September 1, 2000; and (3) ninety percent of fleet vehicles purchased after September 1, 2002 and at least forty-five percent of the total fleet as of September 1, 2002. The TNRCC rules may not require a local government to purchase a vehicle able to operate on an alternative fuel so long as ninety percent of the local government's fleet are alternative fuel vehicles. &B, 260 Drainage Utilities: amends Section 402.044 of the Local Government Code to • define "bpneGtted property," "improved lot or tract," and "wholly sufficient and privately owned drainage system." "Benefitted property" is an Improved lot or tract to which drainage service is made available, and in a city of more than 1,000,000 is a lot or tract to which drainage service is made available and which discharges into a creek, river, slough, culvert, or other channel that is part of the city's drainage utility system. An "improved lot or tract" is one that has a structure or other improvement that causes an impervious coverage of the soil under the structure or improvement, A "wholly sufficient and privately owned drainage system" is land owned or operated by a person other than a municipal drainage utility system, • • the drainage of which does not discharge into a creek, river, slough, culvert, or other channel that is part of a municipal drainage utility system. S .B. 319 bblic Utility Regulatory Act (PM): this is a non-substantive recodification of PURA. Title I contains provisions applicable to all utilities, Title Il contains provisions applicable to electric utilities, and Title III contains provisions applicable to 24 • ( Ca s lei ecomm unica I ions utilities. (Note: H.B. 2128, which is described above and-which,ttJ@tcs to telecommunications, actually amends PURA as recodified by this bill. The same is true of S.B. 373, which is described below and which relates to electric utilities.) S.D. 373 F rig Utilitles: this bill makes a number of changes in the Public Utility Regulatory Act as it relates to electric utilities and continues the Public Utility Commission (PUC) and the Office of Public Utility Counsel through September 1, 2001. Among the provisions of particular interest to cities are the following; 1. The current jurisdiction and authority of cities relative to electric utility rates are preserved, as is the municipal authority to participate in and be reimbursed for expenses related to contested rate cases. 2. All PUC hearing examiners and administrative law judges shall be transferred to the Stale Office of Administrative Hearings (SOAH), 3. The PUC may delegate to the SOAR the authority to make a final decision in a proceeding in which there is no contested issue of fact or law. 4. T:ic PUC shall adopt procedures governing the use of settlements to resolve contested cases, but such procedures must allow for a full hearing on issues that are not settled and remain in dispute. 5. The PUC shall develop an integrated resource planning (IRP) process which, among other things, will forecast future demands for electric power and the cost of that power, 6, Cities have the right to participate in and be reimbursed for expenses related to IRP proceedings. 7. To the extent that cities are reimbursed for their participation in an IRP proceeding, the PUC shall authorize the affected utility to recover the cities' expenses by imposing a surcharge throughout the service area. 8, An electric cooperative may, through a vote of the cooperative's members, be exempted from rate regulation. (Please see description of S.B. 1227, below.) S,B, 480 Pipeline Safety: amends Article 6053.1 to grant exclusive authority to the Railroad CommissioT n to regulate safety standards and practices for the transportation of gas and gas pipeline facilities within the state. Under the bill, cities are prohibited from adopting safely standards or ractices regulated under Article 6053.1 or other state or federal law, but nothing In the hill limits a city's authority to adopt ordinances for mapplug or inventorying pipelines within the corporate limits or ETJ of a city, or to establish corxiitions for installing or • relocating pipelines alon? or across public streets, alleys, or private residential areas within the city's corporate boundaries. S.B. 688 Reclaimed Asphalt: emends Article 6673i to require the Texas Department of Transportation to dispose of all recycled asphalt pavement material in the most cost-effective and environmentally sensitive manner, giving priority to political subdivisions for the maintenance, development, and construction of public works projects. • • • S.B. 74,1 TNRCC b,xecutlye Director: adds Section 5.122 to the Water Code to authorize the Texas Natural Resource Conservation Commission to delegate uncontested matters to the executive director. The bill provides that matters for which required notice has been given, 25 a i 5. f X,wf • ~geMa No j 1♦{) ;Atli, ~ 1 Cttl,..-._-..+..._..--...•- which are or have become uncontested, and to which the applicant or permit holder agrees to delegation in writing, may be delegated to the executive director for action. S.H. 7¢4 +Energy Say ms/Heat Pumas: adds Chapter 302 to the Local Government Code authorizing local governments to contract for energy conservation measures under a request for proposal bidding procedure. Of particular interest is Section 302.007, authorizing a retail public utility, which includes a city, to provide nonconsumptive water service, adopt rules, and collect a fee for the operation of geothermal heat pumps in the retail public utility's water service system. The health and infrastrucntre effects of geothermal heat pumps, which remove water from the water system, heat it, and return it to the system, are controversial, but this bill makes their use discretionary with the retail public utility, requires the retail public utility tc prohibit the water from entering any building, and provides immunity from civil liability :o a retail public utility arising from installation and use of a geothermal heat pump. S.B. 768 State Reyolyb2 Fund: adds Section 15.609 to the Water Code to authorize the Texas Water Development Board (TWDB) to recover its administrative cost for the state revolving fund programs by charging the recipient of such financial assistance an origination fee and an annual fee. (Note: the cost of administering the program was previously recovered V the TWDB from federal funds, but changes in banking laws required a change. The WDB has committed to reducin* interest rates for financial assistance in order to offset any of this bill's increased costs to recipients.) S.B. 1227 Electric CQ9 rgg abyss: amends the Public Utility Regulatory Act by adding Section 2.2011 to allow for dere*ulation of electric cooperative corporations that provide retail el<ctric utility service at distribution voltage. Under the bill, an electric cooperative corporation may become deregulated if a major? of its members vote to approve a proposition to do so by written ballot. The bill species that: (I) the ballots may be included to a monthly billing, and all will be sent to the Public Utility Commission (PUC) if the proposition is approved; (2) thereafter, a co-op that intends to change its rates shall notify the PUC, each affected city, each affected customer, and each electric utility in the same or an adjoining service area; (3) a cost-of-service study must be made available at the cooperative's business office, and (4) the PUC will not review the change in rates unless, not later than sixty days after the cooperative has completed the steps to do so, the PUC receives a petition requesting review signed by: (a) at least ten percent of the members of the cooperative; (b) members of the cooperative who purchase more than fifty percent of the cooperative's annual energy sales to a customer class, or (c) an executive officer of an affected electric utility. The bill ggoes on to provide that, (t) the new rates shall be suspended during the PUC's review; (2) the PUC shall dismiss the petition and approve the rates if the revenues for the class of customers under review are equal to or greater than the cost of providing service to the class; (3) the PUC shall disapprove the rate if the revenues for the class are less than the cost of providing service to the class; and (4) the PUC may review the rates of an electric • cooperative on its own motion if it finds there is good cause to believe the cooperative is caning more than a reasonable return on overall system revenues or on revenue from a particular rote class, The bill also provides that the members cf a cooperative may at any time revoke the cooperative's election to be exempt from rate regulation by majority vote, and a single customer may seek review of the rates If the customer consun:.s more than 250,000 kwh and • purchases more than ten percent of the total energy sales or accounts for more than 7 1/2 • • percent of the total revenues of the cooperative in a prescribed twelve-month period. 5 B 1546 TNRCC Heatinaa: amends Section 5.113 of the Water Code to define a "person affected," "affected person," or "person who may be affected" by the matters involved in a contested case before the Texas Natural Resource Conservation Commission (TNRCC). 26 J A Q 0 AI M}a Ne Under the bill, such a person is one having a personal, justiciable AW 1"G Q e}--- right, duty, privilege, power, or economic interest affected by the heariArtlFf i nterest common to members of the general public does not qualify as a perso_naf _just cia e m ere31; and the TNRCC is not required to hold a hearing to determine if a person is affected, if the person's claim is not reasonable or supported by competent evidence. S.B. 1683 Oil and Oll filters: amends numerous sections of Chapter 37 t of the Health and Safety Code to ensure that the state's used oil management and recycling prograin is not more stringent than EPA regulations, and to promote the establishment of public and private do-it- yourself (DIY) used oil collection centers. Some of the bills most noteworthy provisions are: (1) the state's used oil public education program and dealer notice requirements a;r., broadened to include information on the proper disposal of used oil filters; (2) the Texas Natural Resource Conservation Commission's grant program for used oil projects is expanded to include private entities and the encouragement of recycling of household DIY used oil; (3) a used oil advisory committee is created; (4) the annual reimbursement of used oil collection centers fs increased from $5,000 to $7,500; (5) the reistiation requirements are changed from annual registration of transporters, marketers, and recyclers to biennial registration of "handlers other than generators;" and (6) Section 361.432 of the Health and Snfety Code is amended to prohibit the intentional or knowing placement or acceptance of a used oil filter in a permitted landfill, i' CITY-RELATED BILLS DEFEATED Hundreds of bills opposed by cities were killed at soma point in the legislative process. They include the following: H.B. 311 would have severely limited municipal annexation authority. H,B. 62q would have created a mandatory "one-call' system for excavators and operators of underground facilities. H,B, 1837 would have imposed a "police bill of rights." H.B. 1947 would have imposed limits on municipal debt. H,j = would have required police and fire collective bargaining. H,B, 2896 would have eliminated the "employment-at-will" doctrine. H.B. 3038 would have mandated certain expenditures from drainage utiflty revenues. 0 H.B. 3103 would have mandated a "least-cost procurement" system. 246 would have broadened the requirements of the open meetings statute, j $.B, 842 would have made condemnation much more costly. i S.B. 1237 would hL,,e Imposed statewide smoking standards. • 0 f 27 • ~ c+ m MoM= ~ CITY CMMCO ~ N • ~ AO 4 y, 4 Q • O J ~ . • _ as • A~deNo,~ ~ ,.f Agendel . ury of DENTON, TEXAS MUNICIPAL BUILDING @ DENTON, TEXAS 76201 # TELEPHONE (617) 566.8307 Office of the Cify Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: July 7, 1995 SUBJECT: Citizen Survey Staff has developed the following information regarding the administration of a citizen survey. Typically, surveys are used in a number of ways to support local government. Some of these include: gathering data upon which to base a bond election; determining the barometer of citizen support for various Council actions; measuring the degree of customer satisfaction col,cerning the delivery of city services; and, developing and prioritizing long range planning issues. The City conducted surveys in 1984, 1985, and in 1986 prior to the last bond election. The most recent survey was completed in October, 1991 and is attached for your review (Attachment 1). Given the timing of the recommendations that are likely to come forth from the vision project and in consideration of the Council's review and discussion of the CIP, the Council appropriated as part of the 1994-95 Budgat funds to survey our citizens prior to the development of a bond package. The survey would provide valuable information and assist the Council in directing Staff to prepare items for consideration by the voters. With this in mind, Staff has prepared a draft Request For Proposal • which would solicit vendors to conduct a comprehensive survey of the City (Attachment 2). The document is specific in nature and provides appropriate safeguards concerning qualifications, activities to be performed, and terms and conditions. Council will have the opportunity to become actively involved in suggesting possible items for inclusion in the survey. O Pursuant to Council direction, staff will proceed with the RFP and • negotiate an agreement consistent with the scope of services as outlined. Please advise if I can provide additional information. 'Dedknred to Quali{r Service" • a • agenda~fo {Age] dalte RESPECT ULLY 8&M.L-I fL'D;'" " 1 ' J f Loy V V. H, Harrell City Manager Prepared by: Jose Portugal. Assistant to the Cit Manager Attachments: 1. City of Denton Survey, 1991 2. Draft RFP #1774 - Comprehensive Survey i ]j) i • • to • Ql. How long have you lived in the City of Denton? (14zUjUkRURn9rs.." Less than 3 menthe 3 months to leis than 1 1-5 years . . . . . . . xfly y__ _y . J 6-10 years . . . . . . . . . . . . . . . 4 More than 10 years . . . . . . . . . . . . . . 5 Q2. If you have lived in the City of Denton for 3 months or lees, what was the primary reason you moved here? (CIACLA On) Job-related . . . . . . . . . . . . . . . . 1 Student UHT/TWU . . . . . . . . . . . . . . 2 Ratlrment . . . . . . . . . . 3 Other (SPACZPyI ) 4 Q3. In terms of cleanliness, quality of housing and general appearance, how would you rate the overall condition of Denton? (CIA= ONE) Excellent . . . . . . . . . . . . . . . . . 4 Good . . . . . . . . . . . . . . . . . . . . . 3 Pair . . . . . . . . . . . . . . . . . . . . . 2 Poor . . . . . . . . . . . . . . . . . . . . . 1 04. Now about the overall condition of your neighborhood? (CZA= oNl) excellent . . . . . . . . . . . . . . . . . 4 Good . . . . . . . . . . . . . . . . . 3 • Pair . . . . . . . . . . . . . . . . . . . . . 2 Poor . . . . . . . . . . . . . . . . . . . . . 1 QS. Have you ever lived In a city other than Denton? (CZACLS ONS) yes . . . . . . . . . . . . . . 1 NO . . . . (MXXP ro Qf) . . . . . . . . . . . . 2 Of. What was the approximate population of this city? (PorvurroN) Q7. How would you compare Denton to the other city, on an overall basis? (CIACLN On) Much worse . . . . . . . . . . . . . . . . . . 1 Worse . . . . . . . . . . . . . . . 2 About the same . . . . . . . . . . . . . 3 setter . . . . . . . . . . . . . . . . . 4 Much better . . . . . . . . . . . . . . . . . . 5 Qe. Compared to the other city, please rate the cost of living in Denton in each of the following categories. CZAC6S ONE ItaR XACV • PAartm ry No Denton is Denton is Denton is Lees opinion more About use expensive e aeire f a 9 1 2 3 ent Rent.%$9 1 2 3 Utility Coats 9 1 2 3 • Groceries 9 1 2 3 • • Cable TV 9 l 2 3 gating out 9 1 2 3 i I i • O ' • p • is the asst soctioa of the quostioaaairs, we would lil ~ yt ou about your use of mad opialoss about a number of facilities is the uaLy Odldl Let us begin with streets and traffic. How would y ou rats th` following in the City of Denton? CZRCLi ONE MR RACd Traffic Related Aspect so sscelleat Good Pair Poor I inios Ade ac of Roads 9 4 3 2 1 Physical Condition of the Roads 9 4 3 2 1 Aof Traffic Signals 9 4 3 2 1 Reliability of Traffic Signals 9 4 3 2 1 010. In 1991, hag any member of your household used, at least once, the following facilities and services in Denton) (CrRCrd 0Rl MR sAM) Facllit or service in Destoa Tee No Parks and Recreation 1 2 Police Department 1 2 • Public Library Fire Service Department 1 2 Ambulance Services 1 2 Health Care facilities 1 2 Public Transportation Trolls 1 2 Stra Animil Control Pr ran 1 2 pll, Row would you rate the cualLty of these services in the City of Denton? CTRCL! OMd TDR XACN Service No Rscellent oood Ialr poor inioe Parke and Recreation 9 4 3 2 1 Publij ry. 9 4 3 2 1 Trash 9 4 3 2 1 Fire t 9 4 3 2 1 • Sieot9 4 3 2 1 Water r 9 4 3 2 1 Ambulaices 9 4 3 2 1 Health ilities 9 4 3 2 1 Plannivolo nt 9 4 3 2 1 9 Public tation Trolls 4 S 2 Ell Stra ntrol 9 4 3 2 i • _ _~r~..._ O r e n 14/r AV irr/e 4OWW WOOticlOO M 00wev1.Ld"L, Ohm"t" awe 412 Pw /crr we>tA r*i~49 '5" 101140irw) Ar¢antm oC aducatiansl Iw L.V~ss to di}!+CRtthn R ..r fk /si-0s Mmallsen QMt Ale Fear !M♦ v~rt4ry ~y! 1'haC!rv;.r{nti 3 d' 3 1 lee rm t l i~ementAt/ 30HsrSlf ~ y 1 2 JuAtoe Ni' K 3aMe4ll....Y.._, 9 4 1 2 1 .wiG't Jfkgh. J~hoolf _ 9 4 3 2 1 Jh~lr.tpridi/bmrnaAte%. COlleyjol.,,J 7 4 3 2 2 < !bt1A o! ~in~re/aiMcs• a 3 2 l 011. M'YA .rrrrJA Jrnr rsea rA4 AYA11.A1lAktY Of VAO lollOwieq lhopyimq, dlnieg and Anr*tr,ryr,nrenr /Anffftief In dentOn7 fCZAME Off AM AkW) IAO N No rates freellee! oeet Fats leer ll~ltevrdntr 9 4 3 2 1 !'Alt /dad PWAUtArrtf 9 4 3 2 1 thud 9upe1m4rketa ? 4 1 2 1 HetAll AhapylIV IRei1l61 N„ µ 9 4 3 2 1 'IAtlaty of c'.f,le TV rhanfrelp~ 9 4 3 2 1 Novi$ TilhatstM 4 3 2 1 dh1r11n 6aneA 9 1 3 2 1 utt. NhAt do yaw I rink of the {1i1U1 I of these shopping, dining and hrrr:MttAlrnnant /Avillties in Denton? (CZJt= Olll roll 6,U ) ►~t1114 -No o isies lacelleat Oood Fair poor 11RYtauranka 9 4 3 2 1 • Fast rpod N+AI1l~ut_An,tt+ 9 4 J 2 1 Fond eu~eimatkake 9 1 3 2 1 IiatAll Ahopl,irty rari]lf.ie1 9 4 3 2 i cahl• TV 6ArViCe 3 2 1 SdVie Shsatacs 3 2 1 4 4 w ® Aln'tirllAlrr 4 3 2 1 r 1,r ~/1 J • w • X15. »eer ~nnr ,o•~eahnLl arha^ribe .,A .7able '.!f ut lalia~L1ih1~ V4 (AMP M,417) ) 414. 7Hia leer iA91 y , mew you swWLwncad env orchia 'rLtri ,hr !oL;uwinq '0*0e^t♦ -,f rs.#r -!able 1'r! are+rle.aa (drama (RW MA AMN) AR ^I: a! Cwbtw SV yp Re ewrwr~rsr fAft:A is aC inn j 1 PM~inN '4 rla lAta 1 7 ~ #akkC' 6t t if ~wfr1 j 1 Pl~ture tM r, ten 1 ~ Aii1kA 1 7 rill. '!^n)yrf 7•,,, OAt^r bit/ •.aaAcil MwetLArls It thry were broadcast on cable °a}a•r; eior, fr;hannel iS in Gwnr-enl? (CTAdw cod) IRS l t10 . . . . . . . . . . . 7 watt, we here a"a yoeatiess s"wt sow apsotfto serviees provided by tae City. 414. fit yerst •,plnlon, shrr,ld the foll(minq city services should be maintained At. natant levels, lmgre"ed is little or a lot? tc7Ac7d offs lpe tAcw) NE? earrlne ft opLatos Maisie Lr at Improve a Improve a Pf'esest little lot level 1larbAp Cnllectlon 2 3 9trest NeinLenancs 1 2 3 irs(flr. 9lynals _ q 1 ~ 2 ~ 1'ubLLr LlbterY 9 1 2 3 11erke Atid 1lealasLinn 1 2 3 PullcePrulsuUuti y 1 2 3 Fire PIULecllutl q 1 2 3 91ecLtlrity Bervivoa 9 1 2 3 w4ter And toter tervlose 9 1 2 3 ttncprlilly Aerrlcoa 9 1 2 3 +I 1111 h~ll111n y 1 2 l die. Hiinlrlp.l daht is often used Lo pay for capital taprovueent projects such 40 etrasi end drAlnage improvemente. sometimes a tax increase is needed to l,ee NArk the delet. Would you favor or oppose the use of municipal debt for An,h of the f0llowlnq? (CtMR OMR MA RACM) 6 rte `ecL Paror $a to opinion • • ~t.#eat and Poed Improvamente 1 2 9 l`tA10440 end sto#m Ce~MI' Tm.l'dvanents 1` rAk\ tind Port-r i0mal ractlillea 1 2 9 e o 0 w 0 r Q20. Which of the following services should the City of Denta?p., ca _i that were the only way to keep tax rates and taxes at their presan lever (CZ=S OWN s'UIMM MR NACU) City service Imo Tts, 111, don't A opinion reduce reduce Garbage Collection 9 1 2 Street Raintenance q 1 2 Public LiDrar 9 4 1 2 Parks and Recreation 9 1 2 Police tection 9 1 2 ction 9 1 2 9 2 Sewer services 9 2 lanning 9 1 2 Fro uenc of Utility-Billing 9 1 2 Q21. Would you be willing to accept a reduction in the number of garbage pickups from twice a week to once a week, if the money raved from the reduction in pickups were used to pay for curb side recycling programs? (CtR= ONE) YRi . . . . . . . . . . . . . . . . 1 110 . . . . . . . . . . . . . . . . . . . . . . 2 922. Which three of the following programs/activitles do you think that the city of Denton should undertake, On a priority basis, to rake the city more beautiful? (CZACdd My MAXN) Program Im rove existing sidewalks 1 Add new sidewalks 1 Se Late signs and si na a in general Develop more attractive entrances to the City 1 Put a new *Welcome to Denton" signs 1 Landscape street medians and islands 1 ® Place utilities (electric lines underground 1 Re ire landeeaping and green space in new develo nt$ 1 Plant trees and shrubs 1 Q23. Th• currant sign ordinance prohibits new portable signs, such as those on wheals. However, the City of Denton can't remove any of the signs that ware up beforo the crdinance was adopted. Would you favor the use of city O funds to buy the existing portable signs and remove them? (CillCL6 ONE) Yes . . . . . . . . . . . 1 $40 . . . . . . . . . . . . . . . . . . . 2 s, • as • Apurxta!!a rkNN Mew we vould like to ask lee 0809 vusetloss eesearllr 1 Ivblle AAIYty to Aeetee. 011. Ploaae Wit to hov you feel About the leltOwtnqq~~ Ytrtarornu vhlch tolots to t1tvtA e! erfety A Denton. VON the lotlowlfq 0441,, • 1t yon t Ilragree Meuttsl 1 A 1u • AIeA ~ q IAfY! lNYR,~t_~~lllM,l ORxf1~tR.~WI t' * 1 M M ! } _ . t fs~l ~~h, ualkl-~lenY.,nt night h, bYntan._ 4 t _ J J 1 } I~forl bentaA II a food plead ttl r~ hM ahtldren I J+ t ! ben an his, 64- Pat A Yrell tows, Mehtnrl his too "hy ovedets I ! J 1 ! thete At$ too Yhf Cet lftrftr 1A ArnEtln thoH ue_too-mint _Iftf~ull~~telY~lltl~r In O~nton J ! ._..r t. hi t q e t 1 024. Rovv vould you91 the 10t•leo provided by the City of bontaa Polite hY sttmn! ttltcl I Ilehi .S tlre rlt . Olt. At ~tw Ywe~t !Mt he beaten PolicyfhA artwtnt 1 hooto a eotlnunlty o► a fed Pa c rwy Mregreel lC.a.1.l.I (~lACw W►t~ Not, , fAiti ltfCj)) Olt' burint I0901 hYrr YOU pattleipeted In C,a J progrnut (t1ACtf tltlI) rlA .............................1 Ra..,.,...,....,,,.,.,. ,,,.J qfl. pow yet++ do 109 f► t saw that this toe r►►~k le npetY~~no in bon to", e rvAgered to hen tterr veto no preq tkof Ilke t • RC£R note lots.. ....i,.,.; tramis !lAFe NeRt, re kits ad" tototlboo Abort lie city of bestor daletl,rArt, Olt. In It11 0 ho" you at o"1 wtwbet of you r htuYYheid ed"toeted t • city about e carp 1At, A to"ost ar eetvlee, of in otmit an (C1ACt,R tv qla, Who in the City tvhAt pelYoh or officel did you contsett (C1Arf.1 ON/) • RAn49e111 offteo. iilsl n♦t at Citr Ceunall frltt Anninn~r~cbrrun~iv'oYYelaprini, uttlll~ cervices.....,.., lanltatloA lsre...... J 1440 or, Oil, Vote YON 90011 MY satisfied with the tesuttet (cift" Ohs') YIA .............................I I..... ...,1 • gll. Rate the laorle you cOatYrted helpful whAn you zYlksdt (rI*0J Ort) • • Ml . 1- I NO, Olt. cent illy de y0a think that yeu get Yncuqh infofr+Atlen about tesuee AM pcoh1sul fscin the city And its eitl1en1) fCj"i drI) YIA .............................1 k0.,...,.,..,......... Qle, OVersll, hew void YOU retr City Oooetnn+Ynt LA OsAtant (CZ",f 09) heel 14M • O r r Now, we would like to ask you a few questioss coecsealn$Or~~itiidlrg{ Of the City of Dastoa. g3~1da11011! Q35. Have you had any questions about a city billing In 1991?JgAq,,_QM, YES . . . . . . . . . . . 1 No . . . . ~SYZP rO 039) . . . . . . . . . 2 Q34. What question did you have? (CSACI.i OWN) Incorrect amount billed I....... 1.1 Motor reading error ........................2 Payment not credited ...................3 Wrong delinquent notice .....4 Othsr.(SPSCIPyt Q37. Who did you contact about the questions? (CZKCLE ONE) Customer servlces ..........................1 Utility department . .....................2 City manager's office .....3 other.(dPBC7lyt_ )......4 93s. Was the question satisfactorily resolved? (CIR= ONE) YES . . . . . . . . . . . . . . . . . . . 1 No . . . . . . . . . . . . . . . . . . 2 Now we would like you to answer a tw questions concerning the environment. Q39. Would you support energy and water conservation programs? (Czlkm OWN) rag . . . . . . . . . . . . . . . . . . . 1 NO . . . . . . . . . . . . . . . . . . . . 2 Q40. Are you in favor of curb-side recycling programs? (CIRCLE ONS) YES . . . . . . . . . . . 1 110 . . . . (SKIP 110 042) . . . . . . . . . 2 Q41. Would you pay $1.00 to $1.50 more per month on your refuse/trash bill for curb-side recycling? (CIRCLE ONE) YES . . . 1 NO . . . . . . . . . . . . . . . . . . . . 2 Q42. Please indicate how you feel about the following statements which relate to various environmental issues. Use the following soalei 1 - strongly Disagree 3 a Neutral 4 - Agree 2 - Disagree 5 * Strongly Agree A CIRCLE ONE NDENER ME SAC& arArlarEEr asviroseental Aspect 90 D N A SA The water in Denton is clean 1 2 3 4 5 The air in Denton is clean 1 2 3 4 5 I recycle (paper, plastics, cans rs larl 1 2 3 4 S good job encouraging its Dentonnsistore doin cog ale ze 1 2 3 4 S citi " ave thA environment" issues are important to me 1 2 3 4 S d► 0 • i Next, sons questions regardiaq your views on the future prd~°dKU~fu{o3 " 941. what do you feel about Denton's current overall growth rat 7-'70IIICLY ONS) Too slow . . . . . . . . . . . . . . I Just Right . . . . . . . . . . . . . . . . 2 Too Fast . . . . . . . . . . . . . . . . . 3 Q44. Is the City doing enough to attract economic development? (CSRCLS ON&) YES . . . . . . . . . . . . . . . 1 NO . . . . . . . . . . . . . . . . . . . . 2 Q45. Should the City help revitalise the Downtown square? (CIRar ONS) YES . . . . . . . . . . . . . . . . . . 1 NO . . . . . . . . . . . . . . . . . Q46. When dealing with developers, the city :wiew■ the impact that new developments will have on Denton's quality of life. In your opinion, who should do the following for a new development? (CIRCLN ONS FM LUX) As cts of New Devele eats City of Demtem DOV910par No Opinion Pa for new streets and roads 1 2 9 Dedicate ark land 1 2 9 Inatall fire ■ rinklers 1 2 9 Pay for traffic signals 1 2 9 Plant trees and shrub 1 2 9 Limit business signs 1 2 9 Pay for new utilities 1 2 9 Q47. In the City of Denton, do you favor or oppose the development of the following types of businesses in the future? (CIRCZS ONS POX SACS) of develo ut Favor oppose so opinion Astail stores 1 2 9 Food supermarkets ' 1 2 9 Fast food restaurants 1 2 9 Other restaurants 1 2 9 Hotels and motels 1 2 9 Single-family housing 1 2 9 A artments and Rental housing 1 2 9 Entertainment establishments 1 2 9 Industry and Manufacturing 1 2 9 Health care facilities 1 2 9 Office buildings 1 2 9 t 0 • • r Benda No 465. Now would you rata the overall quality of life in tent-fCZACLi lJfl) excellent ..................................4 Good ..3 Fair .......................................2 Poor .......................................1 Q41. Comppared to wham you first moved to Denton, how would you rate the quality of 1I a in Denton, on an overall basis? (CZACLH (Nl) Improved ...................................3 Stayed the asne ............................2 Declined 1 Finally, we have some background questions. These an gge for classifying people tutu groups that will then be compared on their answers, QSO, What is the highest level of education you have completed? (CZACLN ONA) 9th Grade or Lower . . . . . . . . . 1 Some Nigh School . . . . . . . 2 High School Graduate . . . . . . , 3 Some College . . , . . • . • 4 College Graduate or More . . . . . . . . . 5 Q51, I' you currently are a student, where do you go to school? (CZACL9 ONA) Denton Independent School Distriot.....o...1 TWO... 4 , so..... ..2 Mo... 3 ......Other (ArXarri_ ►......4 0,142. Are yov currently married? (CZRCU ONA) US . . . . . . . . . . . . 1 No . . . . . . . . . . . . . . . . . . . . 2 903. Are any children presently living with you at this residence? (CIA= ON&) YeS . . . . . . . . . . . . . . . . . . 1 Q54. Are you currently employed 20 hours or more per week for pay? (CZAMN Owl) yes . . . . . . . 1 No . . . . (S1UP TD Ost) . . . . . . . . . 2 1 Q55. Where do you work? (CZACLN ONA) Denton . ............................1 Carrollton/Addison o .............2 Dallas .....................................3 Fort worth .4 1 Lewisville .................................5 Richardson/Plano ...........................6 Other (1pACZFFt }......1 Q56. Do you own or rent your current residence? (CZACLI Owl) w Own ........................................1 , • • Pont .......................................2 r 4A r Q57. What was your household's total income before taxes (CIRCId'0") $0 to $4999 ................................1 $5000 to $9999 .............................2 $10000 to $14999 ...........................3 $15000 to $24999 ...........................4 $25000 to $34997 ...........................5 $35000 to $49999........... „ 6 $50000 to $69999 ...........................7 $70000 or over .............................5 914. What In your cthnic background or race? (CIRCLE OMS) White ......................................1 Black ......................................2 Hispanic ...................................3 Oriental ...................................4 Other (jKrWrrrj_ 5 09. In what year ware you born? (Yam) I! 960. what is your gender? (czn= ONY) remale .....................................1 Male 2 Q41. Is anyone in your currant household physically handicapped? (CZRCLf OM) YSS . . . . . . . . . . . . . . . I NO . . . . . . . . . . . . . . . . . . . 2 Q62. Use the space below for any other comments on what you think can be done to make Denton a better place to live and/or works I i • THANK YOU SHAY NUDE FOR YOUR SSLI. PLEAS= MANR SD]00 TRAT YOU NAVE ,IJ ANSWERED ALL TIM QUESTIONS; TOME, SITUPS TMI WA10210M AIRN IX Tim ENCLOSED EMIR ENVS.OME. • a~ • 4gondaltarrL~__ RF'P 1779 SIC Page 2 completion. The successful proposer shall present each phase of work in draft form to the City of Denton City Manager for review 6 weeks before its final presentation to the Denton City Council. The project must be completed The proposer must, in the proposal, indicate total hosts, itmtzing each of the major cost components for the project. The proposal to the City of Denton must include the following: 1. Research Design 2. Sample Design and Selection 3. Data Collection to Include Use of Telephone Surveys 9. Data Entry and Analysis 5. Report Preparation and Presentation 6. Consultation on Special Survey Problems 45.bgx. Recuirements The proposer agrees to: 1. Maintain financial records pertaining to all matters relative j to this project in accordance with standard accounting principals and procedures, 2. Retain all records and supporting documentation applicable to this project for a period of three years except as follows: A. Records which are subject to audit finds shall be retained for three years. These records and supporting documentation shall be made readily available, upon request, for inspection or audit by representatives of the City, • B. In the event that the proposer goes out of business or existence, it shall turn over to the City all of its records relating to this project for retention by the City. 3. Make all records associated with this project available to the City for examination. • 4. Furnish the City at such time and in such form as the City may require, financial statements including audited financial statements, records, reports data and information, as the City t may request pertaining to matters covered by this project. I • m • COO 1uo RFP 1774 Page 3 5. Prohibit the funds directly or indirectly under the terms of this from being used for any partisan political activity or to further the election of defeat of any candidate for public office. 6. To not assign any interest and shall not transfer any interest in the same without prior written consent of the City of Denton. 7. Indemnify the City against any and all claims, demands, judgments, liability or sums of money to any party accruing against the City for loss of life or injury or damage to persons or property growing out of or resulting any negligent act or omission of the proposer, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City. In the event of joint and concurrent negligence of both the Proposer and the City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the City and the successful proposer and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 81 In performing services, the relationship between Proposer and City is that of independent contractor, and Proposer shall exercise independent judgement in performing its duties under the contract. Proposer shall be solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the work is to be performed. No term or provision of the agreement between Piop,)ser and City shall be construed as making Proposer the agent, aervant or employee of city, or making Proposer eligible for benefits, such as worker's compensation. 9. In all cases, the laws of the State of Texas shall apply to the proposal process, the resultant contract and the contract • performance. Proposer's performance of the work shall comply with applicable Federal, State and local laws, rules and regulations. Format for Proposal Each proposal must contain all the items listed below. incomplete • proposals will be rejected in technical. review by the City of ii Denton. • • i 1. Letter of interest, 2. Statement of methodology to he used in completing the required • • _ No 0.gendallam~ RFP 1774 Page A INC work. 3. Outline of all major elements of the survey with proposed dates of completion for each. 9. List of references. 5. Resume(s) of all key personnel. 6. Itemized cost estimate (To include number of survey items, telephone surveys, mailings). 7. Ten (10) copies of proposal in addition to original. Terms of Con!ract The contract shall not exceed a period of 12 months. The project, however, must be completed no later than Termination of Contract; if, through any cause, the party shall fail to fulfill obligations under this contract in a timely and proper manner or if the party shall violate any of the covenants, agreements, or stipulations of this contract, the City shall immediately have the right to terminate this contract by giving written notice to the party of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. The City may also terminate this contract, upon 30 days written notice to the Proposer; provided that the Proposer shall be paid for services properly performed through the date of notice of termination. Submitting the Proposal Proposals must be submitted in a sealed envelope clearly marked "PROPOSAL FOR CITIZEN SURVEY" and addressed to the City of Denton Purchasing Department, Attention: Tom Shaw, Purchasing Agent, 901-8 Texas Street, Denton, TX 76201. Proposals must be delivered no later than Questions concerning this Request for Proposal (RFP) should be addressed to Joseph Portugal, Assistant to the City Manager, at (817) 566-8307. 0 Evaluation Criteri_ • • The proposals received will be evaluated by the City of Denton City Managers Office and/or a designated sub-committee and ranked according to the following criteria, listed in order of importance. Awarding of the contract will be made by the City of Denton City • 0 • w • I. goods No RFP 1774 REQUEST FOR PROPOSAL FOR PERSONAL SERVICES City of Denton, Texas Comprehensive Survey of Denton, Texas - OvervieW The City of Denton is seeking the services of a qualified research professional for the purposes of conducting a city-wide Comprehensive Survey of Denton, Texas. Proposals will be accepted until at the office of the Purchasing Agent, 901-B Texas St., Denton, TX, 76201, for all work required for this survey, in accordance with the attached specifications. The City of Denton reserves the right to accept or reject any or all proposals and to accept only those proposals which are in the best interest of the City. A total of $7,000 has been budgeted for the completion of this project. Oualifications Desired The City of Denton would like to contract with a professional with a strong background in conducting citizen surveys in Texas. A minimum of five years work in the field of research will constitute "experienced". Previous experience in surveys of mid-sized cities in Texas (or surrounding states) will be a major consideration in the evaluation process. Proposer must submit references (name and phone number of contact person) from at least three mid-sized cities in Texas or surrounding states. The selection of the professional or individual must receive the approval of the City Council. Activities to be Performed • Denton is the county seat of Denton County, the fastest growing County in Texas. Much of that growth is in the southern portion of the County and the northern part of the County still retains a rural flavor. The City of Denton is in the center of the county at the apex of the Interstate 35 split. This project is to conduct a scientific sampling of Denton • residents to obtain citizen's opinions and perceptions on local • government services, policies, and issues. Survey results will be used by municipal officials in setting priorities for budgeting decisions, policy making and planning. The survey proposal should outline the major elements of the survey with proposed dates of J ~ ,i ~ • OPdaNO RFP 1774 Page 5 Council and will be evidenced by a signed resolution. Criteria: 1. Previous experience in citizen surveys, especially in mid- sized cities. 2. Professional training and qualifications of all key personnel. 3. Quality and completeness of prior work performed and reputation for personal and professional integrity and competence. 4. References of previous clients. 5. Cost estimates. 6. Capability to meet deadlines and current workload. 7. Description of methodology to be used in completing the required program. 8. Familiarity with and proximity to the geographic location of the project. AAAW5Fr7 • • y • e 1 e d i e 19.2m, 4 , 7ea w MAJOR BUDGET ISSUES REPORT i. ON THE .t 1995 96 PROPOSED BUDGET ' SUBMITTED TO THE 4 CITY COUNCIL • y..r s JULY 79 1995 ell, , ji. • va • t( _ i1 I MY of DENTON, TEXAS MUNICIPAL 8U1LD1NO a 216 E MCKiNNEY a DENTON, TEXAS 76201 {8171666.8200 s DFW METRO 434.2629 I I July 7, 1996 TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL AND THE CITIZENS OF DENTON: This report highlights the major issues affecting the 1996.96 b ;dget which will be submitted to Council l at the end of July. It follows the same format used in prior years. Within each fund is a delineated statement of the Issues, alternatives for dealing with the Issues, and recommendations from staff Due to the slow but promising recovery of the regional economy, the 1994.36 budget addressed sane of the tremendous backlog or capital cud other onetime 6xpenditwo needs postponed over the pest few years. However, there are still a number of unmet needs not addressed In the 1994.96 budget. Early Indications are that 1996 ad valorem tax values have increased slightly for the second year In a row. Though this news Is promising, the rate of growth remains small. Yet, the slight growilt in ad valorem values provides the opportunity to continue addressing the highest priority of unmet needs In 1995.98. ' In the proposed budget, all funds incorporate revenues of 1153,243,616 with expendkuea totalling $155,08!,250. The proposed budget was established In accordance with the philosophy of maintaining the City's fiscal integrity, addressing current service level weaknesses, and prioritizing major areas of coneerc. • r "Dedicated to Quality Service" I 9 m • { E E RAO 1 1 i • txl • r I III IIf 1995.96 TABLE OF CONTENTS f MAJOR ISSUES - GENERAL FUND General Fund Reserve Level . , , 1 I Revenues 1 A. Sales Tax - %1 C to Reduce Property Taxes , 1 B. Sales Tax - One Percent General r. pose Tax 2 C. Property lax , . D. Cable Television 3 3 E. Miscellaneous Fees 4 I Pay Plan Adjustments . 4 Benefit Adjustments . . . . . . . . . . . . . . . . 6 A. Healthlnsurance 5 1. B, Retirement(T,M,R.S.) 6 Positions 7 Fire Department 8 I. Combination Fire Squad 12 Fire Reserve Fund . . 12 City Hall Renovations . . 12 Other Agency ContribUti0ns , . 13 Tax Exemption For Persons Over 65 , 15 Vehicles 16 Citizen Newsletter 16 MAJOR ISSUES - UTILITIES Summary 17 • MAJOR ISSUES - ELECTRIC Summary 17 Rates 1 7 New Positions 17 1 • • WATER SUMMARY Summary 18 Rates 18 New Positions 18 WASTEWATER SUMMARY Summary 18 Rates 18 New Positions 18 Cap on Return on Investment 18 SOLID WASTE SUMMARY Summary 19 Rates 19 QQ New Positions 19 ii SOLID WASTE MASTER PLAN Summary 19 Public Education 19 Baler 19 Expanded Woodwaste Processing 19 Residential Curbside Program 19 Design of Intermediate Processing Center 20 ECONOMIC DEVELOPMENT PROGRAM Summary 20 APPENDIX 0 Attachment A - Proposed Supplemental Packages 23 • • Attachmerrr B - Other Supplemental Packages Not Proposed 27 Attachment C - City Council Priorities Ouestionnalre 31 Attachment D • General Fund Revenue Summary 37 Attachment E - General Fund Expenditure Summary 43 Ait.+chment F - Summary of Fleet Condition 45 i A 0 r ca r ( MAJOR ISSUES - GENERAL FUND 1. GENERAL FUND RESERVE LEVEL - Over the years, the City Council has followed a policy of maintaining a General Fund unreserved balance for unforeseen emergencies that may arise. The adopted goal has been to maintain this balance between eight to ten percent of General Fund expenditures. During prior years' budget discussions, the City Council stated a strong preference for a fund balance of appfoxlmstely ten percent. The balance at the end of 1995.96 is projected to be ton percent. Below is a listing of the unreserved balences for the past three years, a projected balance for the fiscal year ending September 30, 1996, and the proposed balance for the fiscal year ending September 30, 1996. GENERAL FUND As of As of As of Estimated Proposed 91(30192 9130183 9130184 9130196 0130/8A Unreserved Balances $3,074,588 $4,277,106 84,944,686 86,166,205 13,439,068 % of Total Expenditures 10,83 14.32 16.10 14.99 10.00 As indicated above, the fund balance Is estimated to be 14.99% of budgeted expenditures at September 30, 1996. With the reserve level above ten percent, the 1996.96 budget proposes using $738,400 of the fund balance to address some of the tremendous backlog of capital needs and Wher one time expenditure items that have been deferred over the last sevoeal years. Of this 5738,400, $486,387 Is to provide asslatence to remodel City flat, and for repairs end maintenance of buildings and equipment t„or have previously been deferred, end $273,013 represents the purchase of new or replacement vehicles and equipment and other ons time costs, Tha remaining $976,967 of the fund balance Is proposed to help finance on-going city operations. These uses will reduce the projected balance to ten percent of total expenditures. By utilizing a substantial pontion f43%I of the fund reserve for one time expenditures, the financial impact on future budgets can be moderated. The akemiebliee relating to the unreserved fund balance level ere; 1. Allow the bdlance to stay of its current level and find a;, ndditional 51,716,367 of revenue, or decrease expenditures. 2. Use $1,71 5,367 at the balance as a resource to help fund the 1996.98 budget, 3. Reduce the fund balance below ilia ten percent level and utilize the additional funds to r offset other revenues or fund additional expenditures. ' Rocanmo dt6i Staff re con nnu rids utilizing $1,716,367 of the unreserved balance to help balance the 1995.96 budget with 43% of this amount being allocated for one time expenditures 'L. REVENUES - The next major'rudget issue deals with General Fund rovenues. ~ r r A. Saks Tax - %0 to Reduce Property Taxes - On January 15, 1994 the citizens voted In a special election to adopt an additional one-half of one percent sales and use tax within the I 1 i si I Major Budget Issues Report to Mayor and City Council July 7, 1996 j City to reduce the property tax rate, This change has caused sales tax to reptace property tax' as the largest rnvenue source of the General Fund, T I 1 During 1995.96, the State Comptroller's Office has estimated that this X, 0 tax will generate 1 li $3,596,11 9. This is an increase of $202,342 over the prior year's estimate and will permit rr a $.01 per $ 100 valuation, or two percent, decrease in the city's property tax rate based on i) !1 estimated property values. The sMensar7vs.+ for the y:C sales tax ere: i . Utilize the projected 5202,342 increase in 'hC sales tax to reduce the property tax Q~ rate two percent or 5.01 per 5100 valuation. of i 2. Do riot use the estimated Increase in the 'h C salsa tax to reduce the property late. This would provide $202,342 lot additional expenditures. RecommerKMdorr: Staff recommends using the $202,342 increase in the yr 0 sales tax io reduce the property tax fate approximately two percent or $.01 per $100 valuation. { 0. Sales Tax - One Pareent General Purpose Tarr - The budget includes a three percent growth r in overall recoir is over the currant year's estimate. Each additional one percent growth In sales tax cocoa .s generates on additional 9106,000 of revenues. The aNemahves for sales tax growth are: 1. Piolnct less than throe porcmH growth. 2. Project a three percent growth for 1996-96. 3. Project greater than a three percent growth. For each one percent of growth, an additional $105,000 can he generated for new programs. Recommandrtlon: Staff recommends that a three percent ^ •iu6 tax growth rate be used to balance the 1996.96 budget. C. Property Tex - The serond largest revenue source of the General Fund is the ad valorem tax, T lie odjusted preliminary tax roll, submitted by the Denton Central Appraisal District, shows an overall increase of $82,584,440 from the 1994.95 fiscal year final roll, Including supplements, This overall increase is made up of $45,493,718 of now value added for 1995 and a $37,090,722 increase in value for property on the tax roll In 1994. Discussion with the Appraisal District indicates that taxpayer appeals may cause a downward adjustment of one Will to one percent. Using a downward adjustment of one-half percent, the estimated assessed volua0on will still he 1.50% over last year's adjusted tax roll. This 1.6% Increase I 2 ' ® f, • c~ • I Major Budget Issues Report to Mayor and City Council July 7, 1995 in valuation reduces the effective tax rate, the level required to produce the same amount of property tax revenue as In 199495, from 8,6509 to 6.6632 per 1100 valuation. I the proposed property tax rate, adjusted for the Y%0 sales tax increase and the estimated increase in taxable value Is 8,6400 per 8100 valuation, Thus, the total property tax rate is I projected to decrease by 8.02 par 8100 valuation, or by 3.5%. This adjusted rate Is 8,0123 below the adjusted affective tax rate. If approved by the Council, this would 1» the third e conbecutive year that the tax rate has been set below the effective rate and the sixth straight I year that ilia rate was set at or below the effective rate. I Cwtilied assessed values are due from the Appraisal District on July 26"', If the certified values vary from staff's estimate, any Increase would allow additional funding while e I decrease would require a reduction in expenditures. The altermbVi for the ad valorem tax rate are: I 1 . Sat the rate using the increase in sates tax lormula and overall increase In taxable value. This would set the rate at 8.6409 per 8100 valuation. I 2. Set ilia rate at the effective rata and eliminate the reduction based on the increase in sales tax. Based on the adjusted preliminary rate, this would eat the rata at 8.5532 per 8100 valuation. This would provide 8202,342 for ad.'Itlonal expenditures. 3. Increase the rate over the 8.5409 rate. A rate of 8.6792 could be set before e rollback would be possible. Every additional 8.01 Increase will generate an additional 8196,000 in revenues that can be reallocated. ReeanmeoolnYan: Staff recommends setting the tax rate at 8.6409 which Is 8.02 per 8100 valuation below the current rate. Any Increase In value on the cenlfled roll would I allow additional fundtng while any decrease would require a reduction in expenditures. 0. Cable Televlslon - The 1994.95 budget included funding to broadcast regular City Council ® t meetings and Council worksassions. The 1996.90 proposed budget also provides funding to broadcast regular Council and worksession meetings plus 823,133 to fund additional I anhancoorionts to the City of Denton cable television service for one hall of a year, These enhancements include adding a lull time video producer/director to manage the city's video programming on channel 20, rebroadcasting Council meetings twice per weak, creating new ® progranvning for the City cable channel, and producing custom video products for City • O I departments. 3 ty p • C> • Major Budget Issues Fepert to Mayor and City Council July 7, 1996 Included in the 1996.96 is o mechanism to fully pay for proposed enhancements to the Cable Television budgol. Currently there are approximately 16,000 residential cable subscribers In the City of Denton. Adding a monthly fee beginning April 1, 1996 of 1.26 to each subscriber willgenerate approximately 023,133 in revenue. Similar fees ranging from 1.36 to $1.00 per month are assessed in other metroplex cities. The NfameNvos for Cable Television are, 1. Leave funding for Cable Television at the proposed enhanced level and add a 1.26 per month subscription fee to cable T.V. bills to pay for enhancements. 2. Leave funding for Cable Television at the proposed enhanced level and add a 1.36 par month subscription fee to cable T.V. bills to pay the entire Cable T,V, budget of 142,842 which includes proposed enhancements. This option would free up 119,709 to fund other expenditures or new programs. 3, Do not fund proposed enhancements or add a 0.26 per month subscription fee. This option would reduce expenditures by 123,133 and revenues by 123,133. fiecommei+Aaalon: Staff recommends funding proposed enhancements and adding a 1.26 per month subscription fee to cable TN, hills. E. /Miscellaneous Fees - The 1996.96 proposed budget incorporates a fee change to the Consumer Health annual permit fee for restaurants, grocery stores, and day care centers. Currentiy, the permit fee is based on a sliding scale depending on the site of the facility and number of empioyeas and ranges from 136.00 to 0210.00. Theproposed budget incorporates a 010.00 increase to all categories of Consumer Health permit fees. This Increase will bring the City's permit fee in line with other cities and is expected to generate approximately 13,660 in rovenuo. ~y The aMemali for miscellaneous revenues are: l 1, Leave the Consumer Health permit fee at the 199496 level. This would ■ require 13,660 in additional resources or reduction in expenditures. • I 2. Increase the Consumer Health permit fee by 1110.00. This will bring this fee f in lire with those of other cities, Racommendablon Staff rocontrnands increasing the Consumer Health permit fee by 110.00. 3. PAY PLAN ADJUSTMENTS - In 1969, the City Council adopted a compensation philosophy J recommended by the consulting firm of Witham M. Mercer to menage the City's compensation plan around 4 • p A A I Major Budget Issues Report to Mayor and City Council July 7, 1996 "market" salaries. Since that time City Council has, through challenging budget years, continued to move toward full implementation of the plan. The 1996.90 budoet continues toward the Mercer recommendations byprovlding for approximately the same level of Increase as last year. The 1996.96 budget Includes a three percent range adjustment to keep salaries competitive with labor market changes, and brings approximately 17% of all non•clvil service employees to the new market minimum 120% under market average). An additlonat component of the compensation program is the pay for performance element, which provides pay Increases ranging from zero to four percent depending on performance level. I , The total proposed pay increase for 1996.96 averages 4.8% for all non-civil service employees. I AIi civil service employees (police officers and fire fighters) are recommended to receive a compensation increase of 4.8% effective January 1, 1998, plus any scheduled step Increases that are built Into the pay program for their years of service. The adramadves for the enplementalion of the compensation program are: I. Fully implement the compensation program with a five percent market adjustment, a fully funded performance matrix for non-civil service employees, and a 7.76% Increase for civil service employees plus scheduled step Increases. This would require an additional 9420,000 over the pay adjustment described above and the average employee increase would be 7.76%. 2. Implement a three percent range adjustment and a performance based pay Increase between zero to four percent with an average Increase of 4.8%, 3. Delay the compensation program and provide no increase in employee compensation. This would provide a reduction in General Fund expenditures of $640,000. Rscarrxrrsrrdaerorr: Becausn the implementation of the compensation program has been delayed in prior years and because pay tends to substantially lag market competitiveness and inflationary trends, staff recommends aniodeal pay increase based onperformance and market adjustment be implemented. This would help address the turnover In positions, improve recruitment, and encourage stability in the workforce. 4, BENEFIT ADJUSTMENTS - The are twomajor benefit adjuittment Issues for the 1996-96 budget: A. Health Insurance - The City changed health Insurance programs to the Harris Methodist Health Plan effective January 1, 1044, This new contract was negotiated to Include two subsoqucnt your rate cap guarantees. For the year effective January 1, 1996, the rate dncreaaod by 2.5%, For the January 1. 1996 renewal, the combined cap for 1996 and 1999 is limited to 15%. Thus, since there was a rate decrease for 1996, the maximum Increase for 1996 is limited to 15%. r t d Q • • Major Budget Issues Report to Mayor and City Council July 7, 1995 Enrollment in the Norris Methodist plan remains very favorable. The trends for premium increases in health insurance managed care programs nathdnally are In the single percentage points. Although the anticipated increase Is live percent, the final figure will not be finalized until late September of 1995 when contract negotiations are complete. The estimated five percent increase has been incorporated In the 199698 proposed budget. !E': The akemetIva for the increase in health insurance costs are; 1. Require the employee to pay the estimated five percent Increase In rates. This ~i would provide 873,661 for additional expenditures. 2. Fund the five percent budgeted increase Inhealth insurance costa effective January 1, 1996. Aecommair;& run: Since employees are already responsible for paying the current cost and any increase for dependent coverage, It is recommended that the estimated five percent increase for employees health insurance coverage be funded. 0. RETIREMENT 1T.M.R.S.j • The City Council authorized the addition of an increase to the omplnyse retirement program to 8.78% City contribution and to 6% employee contribution elfective January 1, 1994. This change was Implemented when it was demonstrated that the f/ City contribution to the retirement system lagged the market during the recent sloweconomlc ~F period. The City of Denton was one of only four local titles in a survey that remained at a five percent conlrbution rate prior to the Increase to alx percent In January, 1994. Certainly, the increase to a six percent program was a significant commitment by the Council for employee ' benefits. Yet, it was also with the rocognition that by Increasing the retirement program, the City, over time, could better manage the long-term compensation costs as well as manage ~j the skill and knowledge base of the employee workforce. 1 A recent survey of local cities, conducted March 1, 1995, Indicated that other cities have continued to recognize the value of improved retirement benefits. Many have increased their retirement benefit to the maximum currently available under the Texas Municipal Retirement • Syslorn ITMRSI; a seven percent, two to one program. Now, the City of Denton Is one of only two cities in the survey not at the seven percent, two to one contribution level. Staff ~I examined this issue in tt+e budget process. Again, with the need to balance the Increase in compensation and benefit costs with the increase for service delivery and programs. an increase is not being recommended in the 1996.95 budget However, It Is brought to the City Council's awareness as an important and future item to effectively manage the long term • • aspects of the employae workforce, i • • Major Budget Issues Report to Mayor and City Council July 7, 1996 The aMamaMves for the TMRS funding are: t. Fund the TMRS seven percent, two to one match program. Thin will require an additional 0381, 717 I n re so urce or ex pendi t ure reductions t 0198, F 6 7 General Fund and 9183,160 all ether funds). 2. Maintain the current TMRS six percent, two to one match program. This option requires no additional resources or expenditure mductlons. Mcarnsnarsalaafonr Staff recommends msintalning the current TMRS six percent, two to one match program at this time. 6. POSMONS • The proposed budget includes several new positions. The posltions are necessary to meet workload demand increases on existing service levels. Included are a total of three and one-half positions to moat increasing demands, the first position is a secretary in the Facilities Management division. With the Increase In the number of projects over the pest few years, including existing projects such as the renovation of City Hall and City Hell West, and new facilities such as the Denton Municipal Complex and the Denton Public Library-South, there has been a substantial increase in the amount of day to day work which necessitates this additional clerical help at a net cost of 511,811 alter some related expenses have been eliminated. The second position is an accounts payable clerk in the Accounting division. By the end of 1996, if Is anticipated that the acrounts payable staff will process approximately 30,000 documents annually. This represents a 50% increase in the number of documents in the past five years, Due to the massive workload, this position is essential to process payments within the 30 day limit established by State law. Currently, each member of the accounts payable stall carries 80 hours of compensatory time (the maximum allowed by City policy). The result has been eelreme burnout, heavy turnover, and low morale, The cost for this position is 920,610. The third position is a Fire Department communications supervisor. In 1988 the City activated the 911 system and consolidated the fire and police dispatch functions. Since the consolidation, the supervision of the dispatch function ties been provided solely by it Police Sergeant. • Over the past year it has become apparent that tl*e dispatch function would be more effective If there was a fire department supervisor in addition to a police supervisor. There are a number of factors that lead to this conclusion. First, the number of fire and FMS incidents has Increased over 60% In the past six years. Current projections indicate that the numbor of incident calls will continue to increase. Second, the new combined tiro and police computer assisted dispatch and management information system, which is scheduled to be ' • 0 activated in 1996, will require both fire and police personnel to bring the system on-line, 7 I MINIMUM • w • Major Budget Issues Heport to Mayor and City Council July 7, 1996 Because of both of these circumstances, the Fire Department has determined that their highest priority Is the creation of a communications supervisor position to provide training and supervision and to serve as the manager of the doparlmenl's management information system. This position has been budgeted to be filled on April 1, 1996 at a cost of $31,214. The annual cost for this position le 182,428. Finally, the proposed budget Includes $11,400 to fund a half-time secretary In the Plenring Department to pf(pvida clerical assistance to the Mein Street Program, Community Improvement Division and Historic Landmark Commission. A final position which is associated with a 8.26 cable TV subscription fee Is included In the Cable TV budget. See 2fDl above for more information. ~(t The akeembtns for the positions are: 1 . Keep current staffing levels, This would allow 876,036 to be reallocated. u 2. Fund the positions. Racommaiiii/lodbri Ovei the past several yeais throe has been Increasing work load R i pressures on the current level of staff, and a demand for enhanced service levels. Staff rl recontrnands funding the positions to address departmental needs. i t 6. FIRE DEPARTMENT • The 199896 Proposed Budget includes $237,324 to hire, train and equip six additional full-time fire fighters, During budget discussions, a number of possible deployment scenarios will 1 be examined, The cost of each scenario varies directly with the number of We stations that City Council wlehea to operate, and what level of service is provided, kl Recently, the Civil Service Commission voted to allow the City to Ilmlt the City's testing to only individuals with basic lire and EMT training who will be easily certifiable or Individuals with pro-certification. This i will allow immediate hiring of lire fighters depending on qualificstions of applicants. j Scenario 1: Staff Five Statioris • Scenario 1 is the least expensive alternative and would maintain • operation of tho current five fire stations. This scenario will allow the Deportment to Improve the delivery of Emergency Medical Services the highest rated Council priority) and to increase the number of fire inspections conducted each year. Utilizing traditional deployment methodologies, two fire fighters would be added to each of the H three shifts, This woutd allow an increase In minimum staffing from 22 to 24 fire fighters. • l9 • • f Major Budget issues Report to Mayor end City Council July 7, 1965 One fire lighter would he assigned ea the fourth member on Engine 3's crew and the other would bo assigned as the fourth member on Engine 2, Engine 3 Is the City's busiest fire company and Engine 2 is tire second busiest. In addition to Increasing the number of fire Inspections, a fourth crew member on Engines 2 and 3 will enhance each crew's ability to provide EMS, The number of fire and EMS calls have increased over 50% percent in the peat six years. Emergency Medical I Services calls have increased by 1,780Jncidonts or 65,76% while fire calls have inereesed by 381 incidents or 25.38%, Projections Indicate that fire cells will Increase one percent annually, whits EMS calls will increase five percent annually. On critical Incidents, two paramedics are required In the patient compxrlmont of the ambulance. Thus, one paramedic must leave the engine company that responded to the call with the medic unll, reducing staffing on the engine from three to two. Under (his condition the engine follows the ambulance to the hospital and Is thus forced out of service. I With a fourth member. crew size can be reduced to three and the engine can still remain In service and in its district, while the extra paramedic leaves with the EMS unit. Keeping the engine In service will help reduce overall overage response time for subsequent EMS and fire calls. Total costa associated with Scenario t ore; Personal Services 6217,824 uniforms/Protective Clothing 12,000 Training ].500 TOTAL $237.324 ■ Scenario 2: Tempotetity Reactivate Central We Ststlori • Scenario 2 deploys six new fire fighters in a sixth station. However, service lovcls will be reduced by opening a sixth station with only six additional fire figbtors. The magnitude of the service reductlon depends on the schedule to open ■ Central and the type of services to he offered. Creating an additional engine company at Central will require the reduction of minimum staffing • of sorno fire companies from three to two fire fighters. Having a two fire fighter company Is considered unsafe and is strongly discouraged by the Fire Chlel. Rather than create a seventh company, an alternative would be to move the truck (snorkel) company from Stalion "three to Central and utilize the crew to staff the new engine company. The six new proposed fire fighters could be used to stall the medic unit currently being cross-staffed ® by the truck crew, minimizing the impact on EMS delivery. However, the lack of an Immediate • • truck company at structure fires would limit the ability to perform search and rescue, forcible 9 P 0 • ra • Major Budget Issues Report to Mayor and City Council r July 7, 1996 1x entry, ventilation, salvage, and overhaul. Currently these tasks are performed by the truck company and would be assumed by the engine company. One solution is to purchase a "Quint". A Quint Is a combination engine company and ladder truck. The Quint carries additional tools to (lie scenes and provides an elevated stream capability. If Central is reopened, some type of apparatus will be necessary, and a Quint Is one option. Theta are some disadvantages to a Quint. A Quint weighs more than 60,000 pounds, and can cost as much as $600,000, while a traditional engine can be purchased for less than $250,000. In addition, a Quint's size would ornate excessive weer responding to medical calls, which are 78% of an engine company's call load. However, the purchase of a squad in addition to the Quint will reeuce the wear and tear on the Quint, Temporarily reopening Central until apermanent solution to fire station location is developed would make stranding i large amount of money to refurbish and repair Central unnecessary, Central can be temporarily reopened by purchasing some additional furniture and making minimal repairs for approximately $50,000. A possible porrnanent solution to the Issue of a new fire station location would be to relocate Central in the vicinity of Carroll and Eagle. This would allow Station Three to be relocated to the Airport at some time in the future, which would limit the number of necessary fire fighters by redeploying existing personnel. Funding for a station at the Airport may be available through a FAA grant. Total costs for Scenario 2 are: Personal Services 8 217,824 Uniforms, Protective Clothing 12,000 Training 7,500 Apparatus (quint & squad leaselpurchase) 107,000 • FurnilurelFixturos 50,00 TOTAL it 394,324 Scenario 3: Permanently Reopen Carmel Firs Station • Scenario 3 proposes permanently reopening Central, Presumably, the choice of this option would mean that the Issue of relocating gre stations is abondonad and that repairs will be made to Central. Without the addition of any fire fighters, there would he little flexibility in altering the staffing options discussed In Scenario 2, Therefore, J none Btu suggested is this scenario. The costs lot apparatus would be the same, 10 1 • o • a~ e Major Budget Issues Report to Mayor and City Council I July 7, 1996 1 The rehabilitation and rapnir of Central Isestlmated to cost approximately 0600,000, and are fused I on a structural analysis conducted in 1989 by Isabell Engineering. Isabel[ concluded that Central was structurally sound, but has water infiltration at the site from both surface and underground sources There is excessive moisture In the crawl spaces below the building which Is causing the floor joists to rust. The engine room slab has moved significantly due to the moisture under the 11 building. Essential Immediate repairs include: architectural and engineering service, reroofing I building, repaving rear drive, installing emergency power, converting HVAC, eta to natural gas, removing underground fuel storage tank, purchasing furniture and replacing cebinete and fixtures, I a,hossing the problem of moisture, mold, mildew, end fungus under building. Other unportant repairs include: repaving front drive, replacing the south retaining wall, the F apparatus bay floor, end the electrical and plumbing fixtures. I Total Funding Costs for Scenario 3 ere: Rehabilitate Central 0 500,000 Apparatus (quint & squad lease/purchase) 107,000 Six fire fighters 217,824 Fumi t ur a 50,000 UniformsMioteclive clothing 12,000 I Training 7,600 TOTAL 0 894,324 1`041y, if more than six additional fire fighters are desired, one option which Council may wish to explore for all three scenarios is to establish a volunteer program to supplement full-time ompleyoes. The creation of o volunteer fire lighter program would provide additional manpower ll at minimal costs. Alternatives for this program can be presented if so desired by Council. The ahematt"s for the Fire Department me: 1. Fund Scenario 1 by hiring an additional six fire fighters and staffing five lira Stations. 2. Fund Scenario 2 by hiring anadditional six fire fighters and temporarily reopening Central ' fire station until a now station is built. This alternative would require an additional $ 157,000 of revenue or expenditure reductions. 3. Fund Scenario 3 by hiring an additional six fire fighters and permanently reopening Central fire station. This alternative would require an additional 4857,000of revenue or expenditure reductions. 4. Do nothing at this time. This alternative will provide 0237,324 to be allocated for other purposes, e Reeommerxlafioa: Staff recommends funding Scenario 1 by hiring six additional fire fighters and • e staffing bye fire stations. • 0 • r Major Budget Issues Report to Mayor and City Council July 7, 1995 'l. COiM81NATION FIRE SQUAD - Included In the 1996.98 P oposed Budget is 413,848 to leaselpurchase a new combination squad that functions as sn ambulance and smell fire engine, This unit will replace a reserve ambulance and be assigned to a fire station without a permanently staffed ambulance. The combination squad adows a unit to respond to a medical call while retaining fire suppression capabilities. f The aR.rrwNves for the combination fire squad ere: 1. Do not fund the combination squad and reallocate $13,848 for other purposes. ~~~eee 2. Fund the combination squad IMnommendeNon: Stall recommends funding the combination fire squad, ii 9. FIRE RESERVE FUND Over the past few years, a Fire Reserve Fund has been bulls to phase in the fiscal Impact of opening now fire stations. As of October 1, 1995 the balance of the Fire Reserve will be Qj $193,000. The 199596 budget incorporates the contribution of an additional $60,000 to bring the new Fire ! Reserve Fund balance to $243,000. 9. C1TY HALL RENOVATIONS- to 1991, City Council adapted the City's fifteen year Msater Space ( Plan. In accordance with the plan, the Police, Municipal Courts, Human Resources, and Information Services i t departments have bnnn moved into a now building (Bre Denton Municipal Cr(epNx) with future space for growth. 116666 Currently, crews are in tile process of completing renovations at City Hall West in order to move both the Planning = and Engineering dopertrnonts out of City ll. This year, the City Council City Hall Renovation Steering Committee has been working toward completing the next step m phase one of the space plan, The planned renovation of City Hall will bring the building into compliance with ADA requirernonts, Building Codes and Life Safety Codes, and improve audio/visual systems. City Hall renovations are expected to improve citizen access to the building and provide a safe environment for citizens and stall. • Currently $319,000 in bond and interest money is designated for this project, and the 1996.98 Proposes! Budget includes $402,547 in the General Fund end $420,00D In Utility Funds as well. The total construction cost for the protect is $1,141,547. I The wffevrteNves for renovating City Hall are: 1 . Renovate City Hall as scheduled for May 1998. • • 2. Do not renevalo City Hall and leave vacated areas in en unfinished state, This option ' will provide an additional $402,647 to be reallocated in the General Fund, and $420,000 to be reallocated in the Utility Funds. 12 0 A • • , Major Budget Issues Repoft to Mayor and City Council July 7, 1995 1lacrrrmwWoWm: Stall tacommends that City Hall be renovated utilizing 4319,000 from bonds and interest, 8402,647 from the General Fund and 6420,000 from Utility Funds to complete the renovations. 10, OTHER AGENCY CONTRIBUTIONS . The Human Services Committee received requests totaling 6622,622. Of these requests, the Committee recommended Community Development Block Grant contributions of 6168,000 and General Fund contributions of 6166,100 for a total of 6321,100. The proposed I budget follows the Human Services Committee's recommendation to contribute 6166,100 from the General Fund to various agencies as follows: The d/rrwsrres for Human Services Agencies are, 1 , Fund at the agency requested level of 9622,822. This would require an additional 6201,522 to be funded ham additional resources or expenditure reductions, including the 9166,000 already provided for by C080, 2. Fund at the Human Services Committee recommended level. 1. RetonunrMtffon: Staff recommends funding at the Human Services Committee recommended level. 1. I 13 0 I w • Major Budget IssuoF Report to Mayor and City Council July 7, 1995 1996 HUMAN SERVICES COMMITTEE FUNDING RECOMMENDATIONS 1993 1994 1998 1988 AGENCY BUDGET BUDGET REOIfEBTED RECOMMENDATION (fit Adult Day Care of North Texas 836,000 _ Aids 6^rvlces of Denton County, Ina, 01000 67,666 10,000 Camp Fires First Texas Council 6,600 31300 Child Advocacy Center _ 16,000 Community Food Roam 3,200 31500 _ 3,600 31600 Denton Christian Preschool 2,000 Denton City-County Day Nursery 15,000 21,000 21,000 21,000 Denton County Friends of the Family 33,000 33,000 38,000 36,000 OISD TRIPS _20_,600 6,000 10,('30 10,000 Fred Moore Day Nursery School, lnc. 28,000 36,000 36,000 35,000 HOPE, lix. 130-90 Program) 61000 61000 6,000 1 HOPE, Inc. (Trans. Housing) 10,000 16,00026,000 4 Interfaith Ministries of Denton 161000 74600 Kids Place 36,000 Library (Project Rnall 32,686 100Qu MHMR 26,456 10,000 North Texas Community Conics 35 0 36,000 52 788 S,Q00 Parks (P SAS) a Q00; Parks IAltornntive Avr.rtues Programl_ _ 10,387 Parks (Kings Kids Day Knnipl 10000 14,740 16,188 II %4Q Parks (Owstay Summer Playground; 16,000 11,750 16,816 11,7$0 Parke IRiver&MLK ASAS) 16,000 - 19,000.1 RSVP 7,500 7,600 7,800 7,800 SPAN 26,000 26,000 _ 26,000 28,000 • SPAN (Felrl,aven) 20,000 10000 Spacial Olympics 38,967 14 TWU Cotes Health Csnlm _ 20,000 20,000 20000 United Way iOwsley 5 iya:as) 17,Ob0 United Way (Oyrsiey Survwosl 20,000 18,000 84 $100-000 41 so.goo 618111,606 • o GENERAL FUND $148,300 6168,000 8156,100 ' TOTAL FUNDING - $248,300 $308,000 $321,100 TQUI Q 1 S 1 14 A Q 0 0 • Major Budget Issues Report to Mayor and City Council July 7, 1996 11, TAX EXEMPTION FOR PERSONS OVER 65- In the 198889 budget, the City Council agreed to help individuals on fixed incomes absorb any additional potential property tax Increases, At that time, Council established a goel of raising the over 65 exemption from 916,000 to 026,000. The current exemption for persons over 65 is 022,000 hiczensing Tire exemption L/ 91,000 to $23,000 Is Incorporated In the proposed 1895.96 budget. Exclusive of the 199293 fiscal year, a similar increase has been granted In each of the budget years since 1988.89. The aNemahves for the over 66 lax exemption are: 1. Do nothing. leave tho exemption al the current amount of 022,000 and utilize an additional $15,000 lot other purposes. I 2, increase the exemption to 625,000 Immediately and eliminate 030,000of expenditures from the budget or increase revenues. 3. Proceed with ilia goal of increasing the exemption by 01,000 per year, for a total oxompuo,i of 023,000 in 1996.96. Recornmuraiatlon Staff rocommanda increasing the exemption 01,000 for the 1995.96 fiscal year. 12. VEHICLES In 1994, ilia City implemented some enhancements to the process for determining when to replace vehicles and oquipmanl. The purpose of the enhancoments wore to aid management in setting y retention cyctes filet will rnlnmwe ovatall floor costs. The major elements of the enhancements Involve the use !1 of a fleet utilization study and inturnal financing of vehicles and equipment acquisition, The fleet utilization study Is designed to impravo float 0fmiency. Tire majority of the fleet costa such as depraclation and maintenance are correlated with the number of units in ilia fleet, Therefore, successful Implementation of a fleet utilization study could provide (w fleet reduction through the use of pooling or sharing of vehlclv,s and equipment among various City departments. The use of internal financing of vehicles saved the City approximately 050,000 last year in Issuance cost and interest payments h is anticipated that this funding malhod will save the City approximately 080,000 during the 1995.96 har:al year. Instead of issuing certificates of obligations or using leasing companies Id finance the purchase of vehidos, funds roservod lot the replacement of vehicles will be used. Duo to a sores of tight budget years, the City was unable to replace vehicles aril equipment as • often as needed. As a result, numy vehicles have high maintenance costa, frequent down time and are erestIri safety hazards. Of tho total 3 14 General Fund vehicles, 183 are considered to be a Class 1 vehicle/equipment A vehicle Is placed in tho Class 1 category if two or more of the evaluation criterion are high (6e„ high maintenance, high miledge, or older than estimated economic life). City-wide, of a total 628 vehicles, 368 are considered to be a Class 1 vr,hicle!equgmnanl, In the General Fund, Airport, Animal Control, Building Inspection, Drainage, Facilities Managemunt Fire, Parks and Racteation, and Traffic Control operations have on unusually high number of vehicles with high nvluagc and rnanhtannnca and have outlived their economic life. (Sea Attachment • • F.! 0 Q • • Major Budget Issues Report to Mayor and City Council [t July 7, 1995 The 199696 proposed 0e11e1al Fund budget contains 0286,987 to replace 37 vehicles and add five additional units. The affemedves to funding vehicle/equipment ere: 1. Do not replace or purchase any vehicles or equipment. This would enable 0286,897 to be roallocnted. However, maintenance costa and safety concerns will escalate, 2. Replace 37 vehicles and purchase five new units to address the problems associated with the high mileage, high maintenance, and age of the current fleet, 3. Fund all requested vehicles and equipment which will require an additional 0613,300 in fe VOnne3 or expenditure reductions. Racanmanatadon: Staff recommends utilizing 0286,987 to replace 37 vehicles and purchase five new units to address some of the problems associated with the high mileage, high maintenance, and age of the current fleet. 13. CMZENNEWSLE17ER-Currently, the Public information Office produces a four page newsletter three times a year that is included in the Perks and Recreation "Play" brochure. The Play brochure Is delivered via Wednesday editions of the Danton Record Chronicle. The 1896.96 proposed budget Includes 97,186 In the General Fund to begin direct madinu of the Citizen Newsletter four times a year. The total cost of the citizen newsletter is 928,740. The 97,186 in the General Fund represents 2 G% of the total cost. The remaining 021,686 (76%) is funded by the Utility Department. Increased distribution and direct mailing should Increase citizen awareness of their city govemment, The eNemiafives for the Citizen Newsletter ore: I. Do not fund the direct mailing of the Citizen Newsletter four times a year. This would onnblo 97,185 to bu nvailable for other purposes, 2. Fund the diract mailing of the Citizen Newsletter four times a year to increase citizen awareness of their city govoenmont, RecanmandeUom, Staff recommends funding the direct mailing of the Citizen Newsletter. d ~ 16 • Q • u~ • r Major Budget Issues Report to Mayor and City Council July 7, 1996 MAJOR ISSUES - U77LMES According to City Charter, the Public Utilities 9usrd shall deliver to the City Manager a proposed utility budget for incorporation into the proposed general budget of the City, The proposed U1Hity Operations budget for fiscal year 1995.98, as recommended by the Public Utility Board, Includes total revenues of $106,688,958 and expenditures of $106,21/,049. Due to pending Taxes Municipal Power Authority ITMPAI board action on a reduction in TMPA alectrlc costs to Denton, the proposed utility revenues and expenses may t require an adjustment within the next 30 - 60 days, If alectrlc costs from TMPA are reduced, the Public Utility Board recommends a 3.5% decrease in electric rates for mid-size commercial customers. If these rate adjustments ere made, the recommended 1995.98 revenues and expenses will be $106,186,688 and 4104,768,109 respectively. ' The revenues are based on the following adjustments in utility rates: Electric - no change (pending e possible decrease of 3,5% for midsize commercial customeral; Water • a two percent rate Increase; and Wastewater, a two percent rate increaso, Solid Waste revenuo is based one 41.00per month or 8.36% Increase In the residential rate, a 9.915% incroose In commercial rates, and a $1.00 per cubic yard increase In the landfill disposal rate. Based on these proposed rate Increases, an average residential customer's total monthly utility bill would Increase by approximately 82.01, or 1.5% Itrom $134.11 to $136,12 per month). An organizational restructuring In fiscal year 1996 eliminated the Director of Water Engineering and Operetiena position, The fiscal year 1996.96 budget includes several position reclaselfleatione that are associated with this restructuring. ELECTRIC SUMMARY The Elactnc Department proposed budget assumes total kilowatt hour IKWH) sales to Denton customers of 901,681,000, an increase of 6.3% over tire current fiscal year budget, The proposed 1998.98 budget includes 974,400,278 of ievanuos 1$73,897,888 with a 3.5% decrease for commercial eustori and total expenditures of $73,633,273 1973,074,333 if TMPA costa are reduced), This compares to the current year • adopted budget of $72,320,328 in mvenues and $71,332,300 In expenditures, Was - Tim 199596 proposed budget assumes no rate change (pending a decrease of 3.6% for midsize commercial custornorst. The Clergy Cost Adjustment I£CAl rate will depend on actual energy costa, but is currently projected at the budgeted ) 996 rate of 1.90 per kilowatt hour. New Positions; - The 1996-98pronoaed Electric Department budget reclassifies one Administrative r• Intern position to a fuiblima Administrative Assistant I pmilion In Customer Information, and adds apart- lnia Clerk 11 to Communications, One dispatcher position is transferred from the Water Department. 17 • p Major Budget Issues Report to Mayor and Coy Council July 7, 1995 Now Division A new Dispatch Operations division is added to the budget in 1996.96 to provide a batter accounting of costs lot this tunclion. Personnel In the division are transfers from the Electric Distribution and Water Administration divrsmns. WATER SUMMARY The 1996.98 Water Department proposed budget is based on projected water sales of 4.603 billion gallons. Total 1996.96 proposed revenues are 514,811,862 compared to current revenues of 814,388,368. Total 199696 proposed expenditures are $14,049,119 as compared to 814,317,688 for 1994.96. Rotes, The 1995-96 proposed Water Dapanment budget recommends a two percent increase in ?ales. An average residential customer (8,600 gallonslnronih) will sae a monthly Increase of 8.82 (from 431.03 631,86 per monihlNow Positions One Senior Engineer position is added for the Englneoring Division to support the one~stop processing concept for the Ouvolepntent Review Committee (DRC). This position will be added only If It is determined that the workload and location logistics can not be accommodated with existing staff, The Manager of Consuuclion Projects is transferred to the Engineering Division from Solid Waste and a dispatcher position is transferred from Adminwration to (Ire Electric Department. WASTEWATER SUMMARY Tho 1996.06 Wastewater Department proposed budget is based an the collection and treatment of 3.833 billion gallons of wastewater. Total projo ted revenues are 610,764,872 and expenditures are 610,396,881. This compares to the cunsnt year adopted revenues of 69,928,761 and expenditures of 69,244,427, Rates - The 1995-96 proposed Wastewater Department budget recommends a IwD percent increase in rates. Ao overage residential customer (8,100 gallonslmonlhl would have a monthly Increase of 6.39 (from 620.27 to 620, 66 per month) . . Now Positions - T ho 199596 proposad Wastewater Department budget adds one new Laboratory 9upervisar position in tho Environmental Services lWss(awatei Laboratory) Division and one Technician II position in Wastnwater Engines , gyn. Cap on Return on Investment - The proposed budget assumes a cap on the amount of the Return on Investment Itmnslerrod by Wastewater to the General Fund, The cap Is set at 12% of Denton rate revenue and is projected at 61,183,236. Without such a cap, this transfer would be 61,593,436, which Is 16.2% of rate revenue, An additional four percent rate increase would be required without this cap. 18 ' • ca • ' Major Budget Issues Report to Mayor and City Council July 7, 1996 SOLID WASTE SUMMARY a The 1995.96 Solid Waste Department proposed budget Includes total revenues of $8,711,988and expenditures of 86,638,776. This compares to the current year adopted budget of 46,717,104 in revenue and 46,644,669 In expenditures. The budget Includes expenditures for new and expanded recycling programs that are contained in the proposed Solid Waste Master Plan. Rates • The proposed budget includes a 81.00 per month (8.36%) increase in the residential rate (from 812.00 to 913.00 per month), a 9.96% average Increase in the commercial rate, with generally no greater then 16% increase to any specific commercial customer. it is anticipated that the rata for the most common dumpster, the 3 cubic yard, 3 pickups per week, will increase approximately 13% (from 476.00/mo. to 484,661mo,), Denton's commercial dumpster rates will still be below other major solid waste providers in nearby I cities. A 81.00 per cubic yard increase in the landfill disposal fete (from 46.00 to 47,001cu, yd) la also proposed, Now Poeltlons One temporary Maintenance Worker II position Is added to the Recycling Division to support expanded recycling aflorts. There is a small decrease in other Temporary/Seasonal worker years, SOLID WASTE MASTER MAN The Solid Waste Master Plan Identifies sol waste management concepts over a twenty year planning period. Based an lull implementation of the mestar plan, recycling up to 60% of the solid waste stream RR Is proJectsd. This level of diversion will extend the life of the expanded landfill site by as much as 20 years, The ' Solid Waste operating budget and capital improvement plan support the following activities, Public Education - The 199696 pioposud budget provides 445,000 to Increase local business and school district participation in paper recycling, to initiate a source reduction education program, and to ■S enhance public education regarding hazardous household waste, Baler - Funding of 958,385 Is included In the 1996.96 proposed budget for the acquisition and operation of a baler. Approximalnly 10,000 sq. It. for the baling operation is Included In the compelling • facility now under c0113uuctian Motor pool payments lot the baler will amount to 414,180 for 1996.98. / Expanded Woodwasts Processing • Funding of 061,632 Is proposed to support the acquisition and I operation of a Write tub fimideoloeder that will enable the department to process additional types of wcodwaslo such as pallets to supply the composting opeiahon. Grinder/loader motor pool payments will • amount to 945,385 for 199598. • 4 Reaidantial Curbolde Program - Funding of 0146,000 is proposed for residential curbslds recycling. The bulk of this funding 1975,0001 will be used to purchase curbslde containera for the biweekly 19 • Q • Q • Major Budget Issues Report to mayor and city council July 7, 1995 collection of newsvopor as an inifiaf step toward expanded recyclable collections when the Intermediate Processing Cenlor becomes oparetional in 1998, Design of Intermediate Processing Canter (IPcl - Funding of 8200,000 is proposed in the FY 1998 CIP for the design of the lntonnod0to Processing Center. Construction for this facility is estimated at 61.782 million, Operation is scheduled for 1998. The Department's existing iocycling programs are expected to generate 6183,248 in ravenules In 1998.98 based on conservatively ostimated recycling prices and tonnages over the next year. However, revenua$ could be as much as 6340,000deponding on market prices. In addition, the dopartment's materiels recycling will avoid approximately $ 127,000 in fandfilling costs The aNemarlves for the Solid Waste Master Plan are: 1. Fund the above Solid Waste initiative to encourage recycling and Increase the usefulness of the landfill by 20 Vents. ' 2. Do not fund the above iniliatlveRecommendstMn: 1'he Public Utilities Board recommends approval of the above Initiatives. tcDNOMIC DEVELOPMENT pwamM Tonsil Utility Department contributions to economic development are budgeted to Increase 688,280 in 199598. Fending for the City's internal economic development program end North Texas Commission membership is unchanged rind u:mams at $15,000. Contributions to the Chamber of Commoree program will increase in two separarr, aioas~ First, fundinu for the existing city-Chamber partnership economic development program increases from o base of approximately $65,000 to 585,000. Funding of an additional 628,2150 above that base amount will depend on matching cmitnhutrons of 1;8 of ono percent of gross revenue from the live other utilltles serving the City. A Second, matclnng 10105 of up 10 if 50,000 are included lot the Chamber of Commerce "metroplex" advertising campaign, to be developed by Ilia Chamber of Commerce and reviewed by the Public Utility Board. 7hnse increased contributions are made with the understanding that the Chamber of Commerce will develop performance measurement otdicus to be porodically reviewed by the Public Utility Board, 20 • Ga • I Mayor Budget Issues Hcport to Mayor and City Council July 7, 1998 I The dtsmeNvef for the economic development enhancements Bret I. Fund Iho above initiatives and Increase the utility departments contribution to economic [ development. 2, Do not fund the above initiatives, RacomnwndsUon. Thu Public Utility Boer) recommends funding of the above Initiatives, [ v loyal V. Harrell City Manager [ ~rroaeo 1 i r• • 21 • s • r !t !t r zz a o e • r i ATTACHMENT A r 2 . • c~ • i CITY OF DENTON GENERAL FUND PROPOSED PACKAGES IM-96 PROPOSED BUDGET MtWkaeNOeM,WWJEeNNeaeMf M Grata aasw iii... (I -LOW) T Yew 1 Year 1 Year 2 Year 3 (a-HroH) Y Work Not Net Not Impact Impaot Exec Package P Yew Supp Pkg After Allw After After _PAkM _ Y = TI_W DeuL Div. 9 ftg Amaunt AfffoL Tnnelon Tnnelare Tnnden 6.00 Postage Fiance Curt Serv. (f4) 0.00 6,600 6,600 276 275 276 5,71 Law Books Legal Admin, (N) 0.00 3,000 3,000 2,503 21603 2,603 547 Feoords Management Gen GarL Gen Govt (Fp 0.00 1,000 1,000 730 1113 002 6.43 Rulaeetlloa9ooXiarkTyplet Poise Police (N) 0.00 1,050 1,060 1,060 1,106 1,164 6.43 8"Olary Rao Mgt Foe Mgt (N) 1.00 11,611 0 0 0 0 6.43 16 Passenger Van Parka 6 Rea Lola. Sorv, (f4) 0.00 31230 3,230 3,2230 6,610 6,810 6,43 44oaaed eye*" Mstaeenanoe Library Admin. (N) 0.00 22,787 22,767 22,707 23,928 25,407 5.43 Accounts PeyabieCMrk Firum" Aoooun*v (f!) 1,00 19,610 19,610 0,011 io,e71 it,s62 6,20 Vehicle 2680 Eng. Strue (4 0.00 7,243 7,243 71243 16,936 is ex 5,29 Dispatch (six moe Pin Admin. (M 1.00 29,414 29,414 29,414 61,214 31,214 5.29 Curren NeweMwr Gen Govt. Pub Imo Off (N) 0.00 20.740 26,740 71116 15.060 15,000 8.29 016 klalntanwwo Finance Info.9erv. (R4) 0.00 8,030 6,636 61987 61967 6,087 5.29 American Legion Bldg U906u Parke A Reo Lela. sov. (14) 0.00 6,300 6,300 6,300 6,460 6,824 6.14 Reoiase Admin. Rep Finance Admin, Sen. (N) 0.00 0,060 9,669 9,606 14,376 191632 6.14 Fleplace 13600 Backhce Parke 6 Feo Maint. (N) 0,00 4,813 4,613 41613 9,826 9.620 5,14 Feplece #3730,37110 Parke 6 Fes Mehl (N) 0.00 14,060 14,000 14,060 8,780 6,8io 5.00 Alternate PrWrAllonal System Mleo Mkto (N) 0.00 6,096 6,096 4,663 4,791 5.031 6.00 7 H" of Hlg* Elleceve People Mlao Milo (M 0.00 31,680 31,600 20,647 22,208 221800 6,00 Niel Runde Security Paper Fkanos Mum Court (N) 0.00 0 0 0 O 0 6.00 M2600 Ow eve$ Main Boreal (N) 0.00 200 200 200 200 200 6.00 Vehicle 2616 Eng. Stub IN 0.00 2,663 21663 2,063 0,46 9,768 6,00 Sorrow Oaten and CuMert Main DrAir"o Onkage (N) 0.00 20,000 20,000 20,000 36,874 36,674 4.80 Copy klaahka Fktanos Trueury (f) 0,00 1,200 1200 194 141 194 4.08 Replace Moll Gong Mower Parke 6 Rico Maim. (N) 0,00 6,638 8,036 S.SW 11,070 11,070 , 4.86 Replace 3140 Eng. Traffic im 0.00 61720 6.720 0.720 16,840 16,040 4,66 Vehicle 1120 Erg. Struts (N) 0.00 3,783 3,783 3,763 0,366 9,468 446 Replace HP Gang mower Pirko 6 Feo MaInL (f) 0.00 6,638 6,e36 6,036 11,010 11,070 4.80 TOW Conlerena (Mn Oovl. Gen OW, (F1) 0.00 2,660 2,6110 1,907 2,001 2,300 4.06 Animal Control Overena Anknsl Cntl Anknol Cntl (Po 0.00 21670 2,676 2,076 3,676 3,078 4.71 3/4 Tcn Service Truck Fee Mgt Fu Mgt (N) 0,00 8,219 6,210 7,797 3,221 3,221 4.71 Continuing ProfuaioratEducation Finance Aooountln0 (h) 0.00 1,260 1.260 632 632 632 4.71 Feplace3100 Eng. TraBfo (N) 0,00 2,666 2,660 2,660 7,138 7,130 4.81 NYI Rsmds Clerk Reds" Finance Muni Cowl (N) 0.00 6,347 6,347 6.347 6,618 6,896 4.67 Ovw m Dw 4va Plannkg (N) 0,00 600 000 693 603 603 4.57 Oooplni N~ Contractual SovkaeMlao Milo (N) 0100 0 0 0 0 0 4,43 Video Producer/Dtreotor Gen Goan, Cable TV (N) 1.00 0 0 0 0 0 4.43 Replace Vehicle 1168 Erg, Erg. (N) 0,00 7,411 7,411 71273 41832 4,079 4.43 Feplaos 7r Mowkq Equip, Perko A Roo Maint. (N) 0,00 4,600 4,600 41600 10,600 10,576 4.43 Combination Squad Are EMS (N) 0.00 13,1148 13,64 13,84 30,044 39,044 • 4.29 City Hall Wool copy moohkw Eng. Eng. (M 0100 6,000 8.000 6,068 6.666 8,666 4.29 Low Prlner Gen Govt. Gen 0- (N) 0.00 1,660 1,600 1,242 610 610 4.29 Soroodufor0ytem Library 6upr (h) 0.00 11000 1,000 1,000 1,000 1,000 4.29 Replao Vehicle 1170 Eng. Eng (hra 0,00 2,034 2,034 1,007 4,632 4,019 4.29 Seorolsry 8e1 efita MBIED MS/ED (M) 0,00 61002 2,770 2,776 3,244 3,749 4.14 COO Intern Gen GoW. Gen Gov, (F) 0.00 1,600 11900 1,330 1,330 1,330 4.14 Vehicle 2640 Eng. Street* (6) 0.00 4,696 4,636 41630 11,622 11,722 4.14 Customer Oemand Response Pk9 brakage Drainage (N) 0,00 6,000 0,000 0,000 12,136 12,136 O 4,149tut8weeper DralMge Drainage (N) 0.00 22,606 22,908 22.906 30,664 30.864 • • 4.14 Printer Gen Govt. Pub Into Olf (N) 0.00 See 306 164 60 60 4.00 COO - Discount Plan Human Res Human Roe (N) 0,00 2,000 2,000 1,305 1,306 1,305 4.00 8eaetary Oev 9vos planning (N) 0.60 1,400 1,400 1,363 1,767 2,112 4400 Servioee Muni, Judge Muni, Judge (N) 0.00 6,965 6,066 6,966 61006 Coss 3471 Vehicle Maintenance Anlmel Cntl Animal Cntl_L) 0,00 ___3.650 3 6 0___ 3 66_0 y_y 680 _gbp TOTAL OAMPACKAGE'S 4.60 374,600 350,066 301,346 446,882 466,463 24 i, • 0 f r CITY OF DENTON GENERAL FUND PROPOSED PACKAGES 1996-96 PROPOSED BUDGET al~sersar~avsawsaerawawn (1-LOV4 T Year 1 You 1 You 2 Year 3 I (e-MIG") Y Work Net Nat Net Impact Impaat Exec Package P You Oupp Pkg After Atlu After Abler yank ,MIN Deat city. E Rani QW1_0 Tnanef~Ki Tnnsfen .Us don 6.00 So"ity, System Fkwnoe Cusl Saw. (N) 0.00 3,000 6.000 246 40 49 6.00 CO PraWReal Aply DAM Sdt*wo Fkwnoa Tax (M 0.00 0 0 0 0 0 6.00 Traft Salop Aedw Paltce PLAN (M 0.00 0 O 0 0 0 6.71 Ffty Cabhft Legal Admin. (N) 0.00 2,230 2,230 1,x61 0 0 r 6.43 800^ SYSIMM Lbmry IMnch (N) 0.00 12,260 12,2210 12,260 096 11036 I 6,43 Denson DwaWpment Pilo Update Ow Ova Plannkp (N( 0,00 20.000 20,000 19,764 0 0 6,43 UnIrMWrupMWe POWer 3ourwe Eng. Eng. (fQ 0.00 1,736 1,739 I'm 0 No 6.43 CnmNorkM+ Maintenance, AMmwl Cnti An" Ong (N) 0.00 4.667 4,807 4,667 0 0 6.43 MAN Ewholor Finanos Cues Saw. (N) 0.00 01360 9460 460 71 71 I 6.20 ftm-d-myG*hvwe Eng. Erg, (N) 0,00 330 660 E07 0 0 6,29 Row Coming (Pwvh"kr,) Fao Mgt Fee Mgt (N) 0.00 0,600 6,200 4,263 0 0 6.20 kwW Twrj*W Bldg Sower Lkw Airport Airport (N) 0.00 3,300 3,300 3.300 0 0 6,14 2 UMIWWIod Power SWPllae Dev Svoe PMnnkp (N) 0,00 1,766 1,766 11737 0 0 6,14 Molorob Ftedbe Day Ova Bldg Inv. (N) 0.00 12,347 12,347 12,347 0 0 6.00 Add-A-OMok ShOAV System Dev Sva PMnnkp (fury 0.00 369 366 363 0 0 6.00 ConSUMM S.rvlaee Fee Finance Cud. Swv, (f4) 0.00 36,000 36,000 11718 0 0 6.00 Carbon Mona side OnM« Fir* Prsvontion (N) O,OU 3,400 3,400 3.400 0 0 6.00 PONceK-9Tnk,ir,g Police Police (N) 0.00 13,200 13,200 16,200 0 0 4.96 PC and Printer Finance Pwohaeing (N) 0.00 4129 4,700 SA04 0 O 4.00 Curbsirla payment Drop Boa Fkwnce CusL bwv, (N) 0.00 3,wo 3,000 147 0 0 4166 LAPTOP Computer Finance Admin. (N) 0.00 3,246 3,246 2,746 070 476 4.00 Replace #ww *4 PU Parka 6ltee Maint. (N) 0.00 16,144 16,144 101144 31068 4,023 4.90 Itepkloo 13670 314 P'J Parks 6 Rea MAInt. (N) 0.00 16,144 14,144 10,144 6,906 4.023 4,00 Summary of Usage Okvh Flrwnce CuN. Sm. (N) 0,00 10,000 10.000 491 29 29 4.80 RepMoome"Vehlotn -3006 Ow am Oldg Inv. (N) 0.00 16,036 Maw 16,036 3.010 3.820 4.80 6 Nente► 004 Tokphorw (ML IQ Parke 6 Rea Admin. (M 0.00 4 02 4,622 4.09 0 0 4,86 Throe Penorwl Campuws Human Ise Human Ise (N) 0.00 6,047 6,047 3,44 0 0 4,71 Mowughbn Bock Service Lbnry Adult Sew. (N) 0.00 10,11M 10,300 10,600 0 0 4.71 CLO anhat Dev Was Planning (N) 0.00 1x.000 6,000 4,941 0 0 431 IteplaeemwM YehbMo - I ISO Ow Ova Bldg Inv. (N) 0.00 10,036 14.036 10.006 3,020 3020 4.71 OVWMW Yehkle 2760 Eng. Stab (N) 0.00 23.000 23.600 2310M 0 0 4.71 Upgrade TnMb Cne1 FeeNlty Fee Mgt Foe Mgt (NJ 0.00 14,200 14,200 14,200 0 0 4.07 Rsplaoe Fire Dorn (N,Lake/Dwis) Foe Mgt Foe Mgt (N) 0.00 0,000 0.000 6,000 0 0 4,67 personal Computer Fkwnoo AooounUng (l4) 0.00 2,760 2,768 1,400 200 202 ' 4.67 Porteb4o Itedb's Eng. 4YNte (N) 0,00 3,300 3,300 3,300 300 300 4.67 Pod Chemical ConMO6er Parke 6 Poo Lela, Sam (M 0.00 3,000 3.000 3000 0 0 4.67 Reeorwt ReeYoom, Web (Sr, Cnir) FAO Mgt Foe Mgt (N) 0.00 10.000 10,000 10,000 0 0 4.67 Animal Control YAW* MIMI Cn6 AnkvW Cnti (N) 0,00 12,044 12,044 12,044 4,077 4,077 4,43 Vpgrodo r*k Workstation Eng. Eng. (N) 0.00 4,260 4.260 4,171 0 0 4.43 RekpenM Paoyo* System Foe MgI Fee Mgt (N) 0.00 2,400 2.400 2,277 0 0 4.43 City HAN West hrm8uro Eng. Eng. (N) 0.00 6,967 8,967 6,700 0 0 4.49 Replace #3600 314 PU Perks 6 Aso Malnt, (N) 0.00 18,144 18,144 16,144 3,90 4,024 4.14 Water P44aw Boat Fire Operations (N) 0.00 4,260 4,260 4,26o 0 0 Fire Oepwtnent Resew Fire Fie 0.00 60,000 60,000 40A00 0 0 Clty HAN Rsnw&kn Mho Mien _ 0.00 402,647 402,617 40,647 O 0 TOTAL CARTALADNE TIME OUTLAY PACXAOEB 0.00 613,610 &A,619 738,400 46,696 26,316 ® QRANO TOTAL 4. 1.168.100 1.188.474 _1 0!0.746 471.127 443.791 0 O ' 26 • • 44I l o~/ I1f I~ 28 i • lT i • a+ • f f f f ATTACHMENT B 27 • 0 s~ CITY OF DENTON E GENEfM FUND - OTHER PACKAGES NOT PROPOSED 1,995-96 PROPOSED BUDGET cy+eaugwnearncxnoeerweraWx+ Cresea oto+aeral (I. LOW) T YNr 1 Yaw 1 Year 2 Year 6 + (6-HIGH) Y Work Net Net Not Impact Impact Exec Package P YMr Supp Pkg Afar After AMer Allow _ftnk_-- TMIa =01L_ Dhf.EA+noant Ofhata T anafan Tranalan TMnalms 4.00 Vehicle Maim Now ehlaa Anlm l Ong Anlmal nti (N) 0,00 0,400 8,400 6,400 6,400 6,400 166 Director Retreat Footiiletor Gen Govt. Gen Govt. (M 0.00 1,000 1,000 736 730 730 3.66 1 Ton Service Truck Fao Mgt Fao Mgt (N) 0.00 2,465 2,461 2,353 4,707 4,707 3.60 Replace #3021 7 yard Dump Truck Parks A Pao Maint. (M 0.00 4,670 4,676 4,676 0,666 0,666 3.66 TMCA/TWP Gan Go>,t. Gen Govt, (F4 0.00 1,600 1,600 11330 1,463 1,411 1 3 71 Median Seeut M.M. Comkoot Pa+ks A Roo Maim (0) 0.00 24,000 24,990 24,000 26,230 271661 r 3471 Workshops for System Ad min Library Adult Sorv. (M 0.00 2,636 2,636 2,635 21036 2,436 3.71 FlooWs %c. Leader Parka t Poo Lela. Sow. (N) 0.00 3,394 3,394 31094 9,304 3,30 3.71 faokt» Administrative AulaMnt Dsv Eva Bldg Map, (M 0.00 1,757 11757 1,767 11757 1.767 3.71 Pakokwm Storage Tank Fees Airport Akpoy (F§ 0.00 200 200 200 200 200 i 3.71 Smio" Munl' Judge Muni. Judge (M 0.00 016 016 old 915 916 3.71 Add SpecialServtae IN Eng. (M 0,00 10,000 10,000 9,814 0,014 9,814 , 3.57 Animal Control OMW Animal Cntl Animal Cntl (P) 1.00 26,00 25,004 25,00 26,420 27,606 3.57 Neighborhood Programs Day, Svcs Planning (N) 0.00 1,925 1,025 1,000 117}0 1,820 3,67 Inspeclor WFlre Fire PrwenOw (M 1.00 14,023 14,923 14,923 14,623 14,923 3.67 Tech ProoseahpM,atelogkp Supp Library Support Sorv. (M 0.00 2,500 2,600 2,600 21600 2,600 3.43 Subdivision Identification N ETJ Dev Svcs Planning (M 0.00 1,960 1,09 1,036 1,927 1,927 3.43 Cisrwoe C rnferenoe Gan Govt, Den Govt. (M 0.00 4,160 4,160 3,074 3,382 3,721 3.43 Contact Cteankng Library Admin. (M 0,00 16,840 15,640 16,840 18,832 17,461 3.43 Collection Repokand Maim Library Supporl8".(M 0,00 2,600 2,600 21600 2,500 2,760 ( 3.43 Fleplaoemenl Tiles L614" Youth Sm. (M 0,00 10,000 10,000 10,000 10,000 10,000 j 3.43 Engineer Tech Il (A01W) Eng. Eng, (M 1,00 26,417 20.4t7 26,920 52,371 34" 3.43 Cons1. 5011" Eng. 8tcets (M 3.00 33,302 33,392 33,302 83.74 40,60 3.29 Administrative Assistant d Dev Svc* Planning (M 1.00 34,540 34,640 34,132 34,990 30,012 1 3.14 Trainer Finance Info. Sere, (M 1,00 47,305 47.305 31,046 281197 29,490 1 3.14 Personal Computer Muni. Judge Muni. Judge (M 0.00 1,477 1,477 1,477 680 680 3.14 Parking Lai Maklt EN, S1r"Is (M 0.00 26,000 26.000 26,000 26,000 26,000 t 3.14 Wellnau Program Mko Mlao (M 0.00 01700 61760 6,714 8,040 6,331 3.00 Fire Prolaation Seasonal Intern Fire Prevention (M 0,25 21350 2,360 2,350 2,360 2,360 3.00 Trawl 8 Seminars Library Support San. (M 0.00 ow 600 Soo 800 800 3.00 Light equipment operator Draiage Drainage (N) 1,00 23,430 23,439 23,430 23,006 24,366 1 ' 100 Paper Ccela for &ochures Parka 6 Rao Leis. Sorv. (N) 0.00 2,600 2,500 2,600 2,760 3.326 y i 2.86 Educational CD-AOMS Library Youth Sm. (M 0.00 500 600 Goo 600 600 2.06 Floplaoe Vehicle, 0226 Fire prevention (M 0.00 2,038 2,036 2,036 4,076 4,076 2,86 Professional Development Gan Govt 04n Govt, (M 0,00 300 300 222 296 206 2 86 Denton AM Festival Parka 8 Rao Lola, 8". (M 0.00 8,000 6,000 61000 6,000 6,000 2.83 Mayor Narootioa Operations Poke Pog" (N) 0.00 20,000 20,000 20,000 20,000 20,000 2.71 Pap lace Snorkel -00212 Fire Operations (N) 0.00 26,049 20,040 28,040 66,008 66,096 2471 ICMA MIS Gan Govt Gen OM. (Fp 0.00 575 575 426 425 426 0 • 2,71 Travel 6 Seminars Library Adult Sorv. (N) 0,00 1.000 1,000 1,000 1,000 1,000 2.71 Rshab/Tondw Driver Fire Operations (N) 0.00 108,012 108,912 106,912 106,012 100,012 2.71 Chkons Fire Academy Fire Prevention (M 0.00 21000 21000 2,000 21000 2,000 2.57 Travel t Semkws Library Youth Sm. (N) 0.00 1,000 11000 11000 1,000 1,000 2.87 SpeolalEvenla Parks 6 Roo Low Sore. (M 0,00 10,600 19,600 10,600 19,600 19,600 2.57 Cola Flowers Medians Perko 8 Aso Maint, (q 0.00 4,000 4,000 4,000 4,000 4,000 2,50 Add Fundkng/Schook 0 Seminars Potios Police (M 0.00 11,107 11,107 11,107 11,107 11,107 2.43 Replace 16630 Fire Admin. (N) 0.00 12,176 12,178 12,178 4,366 4,368 2.43 Ileolasetibetion of Of. Planner Dev Svcs Planning (N) 0,00 2,660 2,60 2,536 1,486 1,025 • ~ 2.43 Promotional Materiels Library Support Sory. (N) 0.00 600 600 600 000 Sop 2.43 Cellular Telephone MSIED MS/ED (N) 0.00 432 432 432 432 432 2.43 Automobile Allowance Firs Admin. (M 0.00 J.000 318M 3,800 4,800 41600 2.29 Pubtio Access Byelsm Flnana Info, Sm. (M 2.50 163,762 103,762 124,00 61,6112 04,348 2.20 EMS Program Mgr Whklis Fire EMS (M 0.00 21,630 21,630 21,638 7,078 7,070 2.29 Work Force Div Comm Luncheon Human Flee Human Pao (M 0100 1,100 11100 710 710 710 2,29 Saatiia Contw CHW Finance Admin. Son. (N) 2.00 88,566 66,666 67,462 68,646 60,113 28 0 0 S CITY OF DENTON GENERAL FUND - OTHER PACKAGES NOT PROPOSED 1985-96 PROPOSED BUDGET cvar,srs,uosrrwur~ewrwwa, 07AW acaASrs, (11 LOW) T Year 1 you I You2 Yaar3 (a.HIGM Y Work Net Net Not Impact Impact Exec Package P Year Supp Pkg Attor Aker Aker After Rank T16a _ Dent DIV. F. Aso Amount Offsets Transfers Transfers Translate 2,29 Customer S"oeAip Rianco Cust.Saw. (N) 1.oo 6,193 6,193 402 11120 1,162 2.29 Dspondenl Health Risk AataasmenlAtlso Mho (N) 0.00 19,640 19,640 12,942 12,942 12,942 2.17 Mini Van PoYoe PON" (M 0.00 2,676 2,575 2,676 4,707 4,707 2,14 Combination Squad (Option 2) Firs EMS (N) 0.00 30,426 30,425 30,425 79,6641 70,60 2,14 Park Athtetb Coordinate Parks d plea Malnt. (P) 1.00 36,234 30.234 36,234 33,672 36,296 I 2,00 internal Audit Assistant France Internal Audit (N) 1.00 19,710 10,710 13,214 24,604 26,967 4.29 Mhc Street Equlp Eng. 8t«k (M' 0,00 0,600 61600 01500 0 0 4.20 Potioe Car Video System Police PON" (M' 0.00 4,400 41400 4,400 0 0 4.29 CSI INE6 School Fee Mgt Fee Mgt (M. 0.00 6,750 0,750 61300 0 0 4.20 2 ACER Computers and Soltware Dev Svcs Planning (M' 0.00 3,330 3,339 31290 190 lea 419 O in Equipment Gen Govt. Gen Govt (M. 0.00 1,600 1,600 11109 0 0 f 4.29 City Hal West 6pn DaV Svc$ plannkp (N)* 0,00 11000 1,000 we 0 0 I 4.29 2 A/C unite (Emily F. Lbwy) Fee MgI Fee MgI (N)' 0.00 45,000 46,000 46,000 0 0 4.14 HP Pkrlter PaInUol Day Svcs Planning (M. 0.00 2,676 2,675 2,643 494 494 4.14 VeMote 27116 ling, 6roote (M, 0.00 24,763 24,763 241763 6,634 3,634 I 4.14 AL*oCaddAArWCsdd System Parks 6 Aso Admin. (M• 0,00 10,000 16,1100 10.600 300 300 4.14 PC Access to Maintrana Finanoe Into. Say. (M• 0,00 30,000 30,600 201108 31000 3,9011 4.00 3-D 6kbbSoltwrn Eng, Eng. (M' 0.00 1,660 1,660 11619 0 0 4.00 Office Furniture Gan Govt. Gan Govt, (N)' 0.00 376 376 277 0 0 3.00 Cargo Von Parks A Rao Leh, Serv. (M' 0.00 10,002 10,002 161009 4,004 4,004 3.66 Rsphoe Old Cenputero France Info. Sam, (N)" 0.00 20,440 20,440 13,603 0 0 3.66 Sonlor 6tH Van Parks • lino Leis. Sarv, (M" 0.00 0 0 0 6,164 111164 3,66 2 Mow Owde Eng. SYNte (N)• 0.00 1,400 1,400 1,400 0 0 3.63 Equlp~l and He" Firs Operations (M• 0.00 36,720 36,720 36,720 0 0 3.71 ACER Laptop Ow eves Ptannk,g (M' 0.00 2,300 2,306 2,201 99 9o 3.67 Pickup Truck Parks 6 Rao Leh. gory. (M' 0.00 16,774 16,774 16,774 31366 J,356 3.67 Slerta Land L'II & Tracking Sys. Day Svcs Sklg Insp. (M• 0,00 71195 7,195 7,106 1,200 11200 3.67 East McWney Steot Drainage Dral age Drainage (M• 0.00 6,000 0,600 S,00 0 0 3.67 Thrace Perscnal Computan Human %a Hunan Rat (14)• 0.00 6,776 0,776 6,726 0 0 3.43 Sodan Parks 1 Rao Lois. Serv, (M• 0.00 17,446 17,446 17,446 3,696 31696 34J Laser Jo "l r Eng. Erg. (M" 0.00 200 200 106 0 0 3.29 Microfilm Iteaden (2) Library Adult Serv. (M• 0,00 4,000 4,000 4,000 0 0 3,29 %pavs/Pastips Parking Lot Fee Mgt Fee Mgt (M. 0.00 2,00 2,600 2,600 0 600 3.29 DoolUKlSoRwors Day Svcs Sklg Insp. (M" 0.00 4,676 4,076 4,076 0 0 3,29 Communlostone Convotiar Finance Info, Serv. (N)" 0.00 3,707 3,797 2,664 179 179 3,20 Mkedeme Motorists Library Adult Serv. (M• 0,00 51600 61600 6,600 0 0 3.14 Mplaoe Vehicle 1136 Erg. Eng. (M. 0.00 17,605 17,006 17,477 1,432 4,461 ' 3,14 Sand biost 6 Point Civic Ong Pod Parks 6 Rise Leis, Ssrv. (N)" 0.00 20,000 20,000 20,000 61500 6,600 • 3.14 Utility Minivan Library Admin. (N)' 0.00 16,262 16,262 10,262 4,074 4,074 3,14 Physic Centel LN*Wii Fire EMS (N)• 0,00 30,000 30,000 30,000 600 600 3.14 Auto Door Opener(E,F,Lbrary) Fee Mgt Fee Mgt (N)• 0.00 0,000 0.000 6,000 300 300 I 3.14 Eigonomb Chars (4) Day Svos Plsnnlrg (N)" 0,00 1,200 1,200 1,166 0 0 3.14 Imaging System Day Svcs Planning (N)• 0.00 7,913 7,913 71020 IDS 106 314 PC fa Deputy Fite Chief no EMe (M• 0.00 2,933 2,933 2,033 0 0 114 Fire Aerm Sys. (Emily F. Library) Fee Mgt Fee Mgt (M" 0.00 20,442 20,442 20,442 420 420 3.00 Work Force Div Enhancements Human Ras Human Ras (N)s 0.00 2,600 2,000 1,620 0 0 • 3,00 Sound Equipmarll Library Youth San, (N)" 0.00 1,732 1,732 11732 0 0 • • 3.00 Advertising Day Syoe Main Street (N)' 0.00 2,000 2,000 2,000 0 0 ' 3400 Telephone Etlquells Human Roe Human Ras (M• 0.D0 11900 1,900 1,239 0 0 J 3.00 MILK Curtains Parks 8 Reo Loh. $*N. (M• O,Do 31900 3,900 3,900 0 0 2.66 Proof-soding A WAV Human Res Hunan Roo (M' 0.00 21360 2,300 1,662 0 0 2.U Laminator France Admin. Sam (M' 0.00 6,667 6,607 0,463 0 0 2,08 Remove Sig Tank (Fro-Centaq Fee Mgt Pao Mgt (M" 0,00 6,600 6,500 6,600 0 0 2.66 Upgrade Ex, Workstation (2) Eng, Eng, (N)• 0,00 1,270 1,270 1,2411 0 0 2465 Now Employea Orientation Video Human Rep Human Plan (N)• 0.00 11,000 11,000 71176 0 0 29 • ra • I CITY OF DENTON 1 'I QENER4L FUND - OTHER PACKAGES NOT PROPOSED 1995-96 PROPOSED BUDGET r at+llr+sraicerP~nr~,aservuearan WAW a -Lan T Year I you 1 Yew 2 Yew 9 (a-HOM Y Work Nat Not Nat Impact hop"t Exec Package P Yew Sepp Pkg Adtw A}W /INK Ahw Rude TWa f7h. _ -AM !4 2f1u4a Tma_w Tnti.+ Man 2~61uW Education Flra 4Mon • 0. 01910 8,01 61010 0 0 2.83 Sp"W Seevbee Drainage Drainage (N)• 0,00 371080 37,066 37,686 0,401 6,401 2,71 Slreddar Fiance Admin. Serv. (N►• 0.00 3107o $1070 &021 407 407 2.71 Cemetery knprevernsnU Parks t Pao Malnl. (N)• 0,00 01000 9,000 91000 0 0 2,71 &Wponkp bvbh Skis Human As$ Human Ree (N)• 0.o0 2,200 2,200 1,436 0 0 € 2.71 Pentium Work SYOon (4) Eng. Eng. (14)• 0.00 20,300 201359 20,010 1,063 1,063 ~j 2.71 BeMOMs DrairgeCarnevollon Drainage Drainage (N)• 0,00 34,336 34,338 34,335 O 0 2.71 InoW ADA Handicap Safooom I" Mgt No Mot (F4)• 0,00 10,000 10,000 10,000 0 0 2.71 Rspim Pbnlo TWNs/lisadws Parka 8 Ree MaIM. (N)• 0.00 13,000 13,000 13,000 0 0 2,71 Nehvak Hubs Finance Admin, Swv. (N)• 0.00 11750 1,750 1,722 248 240 ) 2,57 M00w8onal WorlWop Human Rn Human We (N)• 0.00 1,380 1,360 881 0 0 2.57 Pon" Storage C0M Parks 8 fMe MOK (M• 0.00 SAW 0,000 0,000 0 0 2,57 Ath, Said Top-dreeeer Parks i Ree Mahn (N)• 0.00 8,000 5.000 61000 0 0 2,67 CompuNrPackage FYNMO0 anYrnalAudil {M• 0.00 3,614 3.11M 2,667 180 188 2.57 Rspleoe 000 Wa Radios Parks a 1100 Maid. (F4)• C.00 01000 8,000 81000 0 0 2.67 Office FwMkre 8 Equip, Parks A 1140 Leb, SON, (M• 0.00 19,648 19,441 10,048 0 0 2.57 Cissarcem 8, AN EquomaM Fire SFAS (N)• 0,00 9860 0,280 9,260 0 0 2.43 640 P" Am" Finance WO, Sen. (N)• 0.00 23AW 23,360 18,7!5 1,621 11621 2,43 steep Favkq Eno. 8weeb (14)• 0.00 150,000 150,000 160,000 0 0 2.43 Office Fumilu Human A@@ Human RN (N)• 0.00 2,009 21909 1,037 O 0 jj{{ 2.43 Mle"Ied Phone Oystem Finance Oust, Sam. (N)• 0.00 56,000 58000 2701 40 40 f 2.43 Twig ass AwMer perks A 11140 Mom, (N)• 0.00 6.021 61021 6,021 640 $40 249 N.L. Soccer Parking Lot Parks A Mw AMInt. (N)• 0100 29,600 29,800 20,800 0 0 1 2,29 Compubrked Flag. Wisbom Parks A Rao Leis, Serv, (M• 0,00 80,900 00,900 $01900 8,126 61126 2,29 FNioceM UP ERR. DoW Parks 8 Rao Maim. (0)6 0.00 16,000 15,000 16,000 0 0 2,29 FumW*gs so open 8M Fire 8M0onAto Admin, (N)• 0.00 $1,150 61,100 51,110 14,760 14,750 2,29 Porlsbb Communlostione Equip. PoOce PaOoe (N)" 0,00 3,800 3,900 3,600 0 0 2.29 Tern" Fyimia" Akpat Aarporl (M' 0.00 316M 3,500 3100 0 0 2.29 Moo Fuma me Firs Admin. (N)• 0.00 71106 7,168 7,108 0 0 2.29 Porhais Mu10-Media Equip. Poke poke (N)k 0.00 943 943 043 0 0 2,29 SaYIWoOhiekl poke poke (N)• 0.00 1,600 I'M 1,800 0 0 i/Jt 2.29 LapTcpCompubr Fie Admin. (N)• 0.00 3,302 4,302 3,302 0 0 ll 2.20 AddlYOnaf Moo8cerwbe Poke Poke (N)• 0.00 3,000 31000 3,000 0 0 2.14 Office Expansion (Roan 2" Poke P0110e (N)• 0.00 2,440 2,440 M440 O p 2,14 Conlint;m" forrenaviolim pkgs Fac Mgt Fa0 Mgt (N)• 0.00 16,750 18,760 18,768 0 0 I~ 2.14 Windows City Ha8 Weal Dev Svot 9kg Insp. (N)• 0.00 3,800 3,e00 300o 0 0 2.00 Fuel Tank PAmoW Airport AkpW (F4)• 0.00 10,000 10,000 10,000 0 0 2.00 Convarsa0aul Spanish Human Res Human Res (N)• 0.00 2100 2,100 1,370 0 0 1_71 Parkllrg Mo1~ Dw SYa Main Street IM" 0.00 36,600 M Sqo 0 p TOTAL PACK40ES NOr PROPOSED 16,76 2,143143 2,143,143 i,M.SM 998,301,010,652 ' UPasl Cuaey a One Time Package , r J 30 0 0 1 ATTACHMENT C o ® ~ , o 0 31 o s r • I c, 0 RESULTS OF TIIE CITY COUNCIL 07AMM 1995-% SUPPLEMENTAT, RUDOET PRIORITIES QUESTIONNAIRh NO arm" r MMATE cUaaorr WTO T I summN1 AUT amumcueserr m orr amJc7 cukawM uppoRr s MorrBrw CURIMr llolkT 4 MCLUn cuRm3wrvo+T f tUWrAN AXLTroanUMAX rMWORT - + pgMn IRA QrosT I RANKED BY PRIORITY OF RESPONSE EMERGENCY MEDICAL (AMBULANCE) 36 6.00 7,00 FIRE PREVENTION 35 6.83 7.00 _FIRE SUPPRESSION 33 6,50 7.00 WORKFORCE DIVERSITY _ 33 5.60 6180 DRUG ABUSN?ORCEMENTPROGRAMS W - 32 5.99 6.60 ~y ECON DEV UTILITY INCENTIVE LINES 27 4,60 8,26 STORM ORAWA091MPAOVEMf NTS - $4 5.07 6.00 JUVEm JUSTICL SYSTEM 31 5117 6.00 ECON DEV INCHNnVE9 (TAX ABATE, ECT,) 20 _ 4,33 8.00 STREET CONSTRUCTION/REBUILDING 34 6.67 6.75 STREET MAINTENANCEIREPAIR 33 6,60 6.76 AIRPORT DEVELOPMENT 26 4.67 6.76 LIBRARY PROGRAMS (IN GENERAL) 26 4.17 5.76 ECON DEV UTILITY INCENTIVE RATES 26 4,17 mm 6.76 CURRENT HOTEL/MOTELTAX CONTRIBUTIONS 30T 6.00 $Ao MUNICIPALCOURT 28 4,87 mm6,60 LANDFILL 32 6,33 6,26 LIBRARY YOUTH/CHILDREN'SPROGRAMS 28 4.87 6.26 EMERGENCY PREPAREDNESS (MANAGEMENT) 27 4.60 6,26 DEMOLITION OF SUBSTANDARD BLDG 19 3,17 5.26 , POLICE PATROL 32 6,33 6.00 CRIME INVESTIGATION 32 6.33 8.00 • LONG RANGE COMPREHENSIVE PLANNING 30 6.00 6,00 YOUTH RECREATION PROGRAMS 28 4,87 6.00 DEVELOPMENT REVIEW PROCESS 28 4.87 6.00 PARK MAINTENANCE 28 4.87 6.00 LOW & MODERATE INCOME HOUSING 27 4.60 6.00 ANIMALCONTROL 27 4,60 6.00 4 HIGH WEEDSRIEBRIS VIOLATION ENFORCEMENT 26 4,33 _ 6,00 • 4 PUBLIC TRANSPORTATION SPAN, ETC,) 27 4.60 4.76 SENIOR CITIZEN PROGRAMS 27 4.60 4.76 COMMUNITY ORIENTED POLICING (COPS) 27 4.60 4.76 WASTEWATER TREATMENT PLANT 27 4.60 4,76 BICYCLE/HIKING TRAIL DEVELOPMENT 26 4.33 4,76 NEW PARKS/PARK EXPANSION 25 4,17 4.75 32 • c~ • I RESULTS OF THE CITY COUNCIL orloelae 1995-96 SUPPLEMENTAL BUDGET PRIORITIES QUESTIONNAIRE r NO OVOOOM • sLan"rf wuAmf r oaT ■ SUMAM NLY 29MBff CSROWIWF". 1 axwm aamarrD4afT coMronsc lawrf7fofY • momaww OYaffMrieva" s OU MYAWL"Yf CENAMCURAOfr OvOfT • RANXED BY PRIOIRJTY OF RESPONSE r . GREENBELT SYSTEM PLANNING/OEVLOPMENT 24 4.00 4.76 DOWNTOWN REDEVELOPMENT (MAIN ST., ETC. 23 3.83 4.76 "M$0 N9LrSgiUMVXNT 47 460 , 4.60 CITY WEAMF1CITION 28 443 00 L]9RARY ~ SWIM 2e 433 4 IId L,IBm"AuDloomm A mV090 20 449 4.60 WATTA STGRA BRkVES 26 417 4.50 : UBRAAYEXPANSION 24 400 410 EN y-4mENT& H-0AL ONSPE"ON9, ECT) 24 4 4.50 r MEET SWEEPING 26 4.33 4.26 EMPLOYEE TRAININGIDEVELOPMENT 26 4.33 4.25 TRAFFIC SIGNAUZATIONIENG114EENNO 26 4.33 4.26 r. UTTER PROGRAMS T M ~99 40 Oq EMPLOYEE PAY PLAN ADJUSTMENTSMENEFITS 27 4.60 4.00 RECREATION CENW.^%GGRAMA 27 4.60 440 r NEIGHSORHOOD 11M, ICES (NICE. ETC.) 24 4.00 4.00 CONTRIBUTIONS TO HUMAN SERVICE AGENCIES 23 9.83 4.00 TELECOMMUNICATIONS SYSTEM 20 3.33 4,00 r NEW ATHLETIC PROGRAMS 26 4.33 3.75 SOLID WASTE COLLECTION 25 4.17 3.75 RISK MANAGEMENT 24 4.00 3.76 BUILDING INSPECTION 2t 3160 3.76 • r INTERNAL AUDITSERVICEB 20 4.83 - Uo RECYCLING !EFFORTS 28 40 3.66 r INFOIDATA PROCESSING SERVICES 22 9.87 3.60 LEGAL SERVICES 21 3160 3.60 SIGN VIOLATION ENFORCEMENT 18 3.00 9150 ELECTRIC SERVICE 18 3.00 9.60 m r CIVIC CENTER MAINTENANCE 27 4.60 3.26 • • NEW ATHLETIC FIELDS 24 4.00 3126 r FAA) NG/CRAFF7C ENFORCEMENT 19 3117 9.00 OTHER: INFRASTRUCTURES 6 8.00 7.00 33 • 0 • C) • f~ !I fi err o► W r 1 sUff by M asnsaf bwalgrL Cbsueetr Y bnofketr "M Yersled bvalma'for stbsrfNael/ni parpwss Develops firefighters volunteer maorw. Same awinbg r Aril-thee emplcyeea , SPAN - emote 'rer n oo passengers don't have to make round u'rya. Add mom SrefightersifflM personnel. Inemsea efforts to dherdfy the deputrmeaL New playground equipment for Prod Moore Park, also new restr-)ms for Fad aide of park, three now water founWas, plsnb tables, new pknls provision for northers Wain of the Park. Highest Priority - additlonai Smf ownJFMS outside esptats to help pion plocaweat of Are stations ! ktsum ad" cove" gor dowotow. To build a public aoroa feces Martin Luther Xi* Center. Repair main g ost Y, ebb asst to Damson Commit. also commit drain that nuns frost Deak,u Commit to Peen Cmk, both aides of old market track. (in regards to aklsort developmeWJ our weak 1Wc is our PBM Develop pin for re opening llm motion IL Purtber streamlkilng developmou proces, To cre ate o new mobil LJbra y syssem, New Athletic Progmese (ozpociaYy Adult progruw in not degtrslely Anwoed or operated} ( ] No more pork acqukition (unless 1* 'Pocket parks" for neighborhoods) until what we have k developed and we have dequate Aube fm j maintenance j Make TMPA a Priority- especWly Its long-term competitiveness. To build a senior citizen building on the soutbow action of Fred Moore Park. i Could we contract out 'sporadic activities' -like keeping young trees alias? Community Calendar (including Universities) on computer and updated dally, We need minority Firemen. Neighborhood aanclatiasa covering entire city; hiring them Ink) CIP proem Develop neighborhood Mad mervioe deiiwry- mo f t° roes neighborhood projects. flmda g Fanoouralle the rebuilding of the wed "of the Court hone square. Continued strong support for VLSION. Work some vision Ides into this year's budget and CIP, The extension of Newton Street to Scott Street • Incentives for Development) - not in a vacuum. Pesch case on It's own, CIP. Gel City omplelely on-line. AccessiW to any Internet user around the world, bring computer operations Into 21st century, Link up with Universities, D1SD, businesses, improve Um entire development and development review process. Truly streamline the process and make it user friendly, i O • • 7tna conacUmg of Willow Creek from Kerley Street to Pecan Creek. Civic Center - improvements to make It more useful, especially improved scotstics and a kitchen. Rencnate the current playground equipment In Fred Mom Park. storm drsinsgc improvements need to be done not with CIP funds but with user fees. 34 • - o- MOM" • • I fTe ow ere specific mmaLlome or dirswim j mis to ste men nor pmeat of Ure 1991-96 aaewl budget Camneetr teelnded Ir 6rectetr arrero brmrted by ataA'!or afartlfeatfoe purpoasa, Provide support for the comnm nlty's visioning program. Rep* railroad cronktg on Fact Pnirle Street. Cable TV - alternate hamwinj options to expand service. The concretWii of Pena Creek Gam Bradshaw to the Phoenix Pads. t}reawrooacenuadonon&%intowm. Begin to Implement "Play' View group remmmendatiotu To build industrial road to Mayidll Road. Improve Mmes to airport area. Make airport operations mom professional. The noocreting of Pecan Crock from Sycamore to Bass of Audra 1Arm Stmt to Inpiemeot Solid Waste Committee's moommendatiom, The erleosion of Mono Street to Loop 288. Include ToLranoeways' Vision mcou moodations It budget and in CIP. ft Resurfacingof all streets in District 1 that are to need of repair. CAWR2.VUDMWUDPRHMUBSM WKJ 1 I . I. I ~ 36 ~ • a~ • 4 11~ Ci [l II fl L i 1 36 • ca • I ATTACHMENT D r 37 • • e a° e CITY OF DENTON GENERAL FUND REVENUE SUMMARY 1995-98 PROPOSED BUDGET 1993/94 1994196 1994/96 1995/'96 DESCRIPTION ACTUAL OU00EY ESTIMATE PROPOSED CURRENT YEAR AD VALOREM 9,188,198 6,974,796 8,175,000 8,272,641 DELINQUENT AD VALOREM 146,734 170,000 165AM 166,600 CY - PENALTIES NL INTEREST 78,289 47,000 80,000 47,000 PRIOR -PENALTIES & INTEREST 69,332 66,000 60,000 60,000 TAX COLLECTION FEES 55AN 37,000 45,000 37,000 RECOVERED TAX $,179 _0 0 0 AD VALOREM TAXES 9,630,819 8,283,786 8,486,000 8,682,141 SALES TAX _ 6,962,318 10,417,423 10,617,629 10,8331168 SALES TAX 8,982,318 10,417,423 _ 10,617,829 10,833,168 FRANCHISE-LONE STAR GAS 304,188 304,000 260,816 292,047 FRANCHISE-GTE 121,089 140,303 60,637 0 FRANCHISE- SAMMONS 290,171 200,000 304,680 320,000 FRANCHISE AGREEMENTS 716,448 724,303 848,132 612,047 MIXED BEVERAGE TAX 70,252 70,000 80,000 761000 FIOTELJM07EL TAX 619,841 604,000 640,000 648,000 BINGO TAX 22,806 18,000 28,000 301000 ; FRANCHISE-TU ENobb, 69,122 66,700 68,700 671928 ; FRANCHISE-SOUD WASTE 124,845 _ 162,626__ 182,826 _ 183,683 'TOTAL OTHER TAXES 798,686 810,326 8881326 692,611 SWIMMING POOL 44,986 48,603 48,603 4800 CEMETERY FEES 13,766 10,000 10,000 10,000 COMMUNITY BUILDING RENT 38,107 28,000 28,000 30,200 AIRPORT 77,026 63,858 70,000 80,000 e° REC PROGRAM ACTIVITY FEES 9,814 10,326 +0,000 10,326 ATHLETIC 6,793 71000 ':2,000 7,250 AMBULANCE SERVICE FEES 363,999 406,000 405,000 417,160 WILLIAM SQUARE PARKING "CES 12,265 12,264 12,264 12,264 FIRE INSPECTION 22,632 22,000 24,000 24,000 ENG - CHRO TO BOND FUND 381,690 483,800 486,000 466,600 e SUB-AMBULAJ,,,.E 8,804 0 0 0 e e CABLE TV REVENUE ____o 0 0 23,133 REVENUE FEES 976,870 1,090,748 1,084,787 1,129,322 38 ~ D • • CITY OF DENTON GENERAL FUND REVENUE SUMMARY i 1995-96 PROPOSED BUDGET 1993/94 1994/96 1994/96 1996/98 1 DESCRIPTION ACTUAL BUDGET ESTIMATE PROPOSED ' WARRANT FEES 50,811 60,000 66,000 60,000 ANIMAL POUND FEES 62,349 62,000 66,000 62,743 AUTO POUND FEES 39,869 49,000 36,000 311000 MOWING FEES 11,600 12,000 12,000 12,000 POLICE ESCORT 8 GUARD FEES 15,870 20,000 2t,000 23,000 1 COURT COST SERVICE FEES 381668 30,000 39,000 39,000 ANIMAL CONTRA FINES 7,368 3,000 7160o 7,600 DENTON MUNICIPAL FINES 666,450 646,640 700,000 710,000 r INSPECTION FINES 8 FEES 245 0 750 760 I FIRE DEPT FINES 11,903 11,800 16,000 16,000 CIVILFINES 4,993 7,200 71000 71000 I UNT POLICE FINES 26,717 30,000 38,000 34,000 TWU POLICE FINES 9,416 9,000 6,000 8,000 PARKING FINES 34,037 33,000 77,000 80,000 COURTADMIN FEES 116,731 200,000 280,000 270,000 ARREST FEES 66,870 71,000 71,000 76,000 RESTAURANT INSPECTION 28,337 27,000 27,000 29,220 GROCERY INSPECTION 10,131 11,600 11,600 12,700 SWIMMING POOL INSPECTION 14,766 18,320 16,320 16,320 FOOD HANDLER INSPECTION 48,880 43,600 60,000 80,000 DAYCARE INSPECTION 3,784 3,660 3,800 4,140 UNIFORM TRAFFIC 33,367 32,000 34,000 37,000 FALSE ALARM FEES 8,917 81000 71000 8,000 POOL SCHOOLS 1,113 1,600 11500 1,500 REIMBURSABLE COURT COST 11189 1,200 11200 1,200 FINES 6 FEES 1,299,147 1,381,310 1,682,670 1,596,073 ZONE PERMITS & PETITIONS 26,964 25,000 15,600 24,600 • l WINE/BEER LICENSES 7,860 7,700 7,700 7,700 ■ ELEC d PLUMBING LICENSES 24,367 14,000 20,000 19,000 VITAL STATISTICS-BIRTH 16,420 16,000 14,000 14,000 BUILDING PERMITS 126,660 160,000 106,000 130,000 TEMP GAS PERMITS 1,955 2,600 2,000 2,600 LOADING ZONES 2,772 2,200 2,700 2,700 RIGHT-OF-WAY INSPECT FEES 14,467 16,000 12,000 12,000 • CURB CUT PERMITS 3,212 4,400 4,800 4,800 • O MOBILE HOME':` LICENSES 10,327 11,300 11,700 11,700 VITAL STATISTICS-DEATH 19,652 19,000 19,500 21,000 DEVELOPMENT FEES 51,606 31,000 38,500 46,000 ' SIGN PERMITS 13,870 16,000 14,600 151000 SALE OF DOCUMENTS 1,430 2,000 2,600 2,600 PLAN RVW FEE 22,182 26,000 18,000 26,000 ' 39 • 0 • G) e i CITY OF DENTON~ GENERAL FUND REVENUE SUMMARY 1996-96 PROPOSED BUDGET j 1093/04 1004/96 1004/96 1996196 DESCRIPTION ACTUAL BUDGET ESTIMATE PROPOSED CERT OCC NEW axe 8,600 9,800 SAW REROOFM FEE 2,400 1,100 4,000 21900 REINSPECTION FEE 180 360 260 260 VAR FILE FEE 460 300 300 300 Aa LANDSCAPE PERMIT 138 640 780 780 PARKING LOT PERMIT 1,200 1,000 1,800 11600 FENCE PERMIT 1,770 21000 1,600 I'm MECHAWCAL PERMIT 91837 13,000 9,000 91000 MOVING PERMIT 300 300 200 200 DEMOLITION PERMIT 390 300 300 300 POOLA40TTUB/SPAPERMIT _ 1,770 1,600 _ 1,600 1,800 LICENSES & PERMITS 369,764 382,900 $12,!30 366,430 PARKING METER RECEIPTS 22,010 21,000 22,000 21,000 ELECTRIC INSPECTION 13,746 16,700 13,600 16,000 PLUMBING INSPECTION 12,474 16,000 12,600 12,600 OVERTIME INSPECTION 1,620 11600 1,600 I AW INTEREST INCOME 4104% 460,000 667,624 613,846 TRAPFIC/POUCE REPORTS 17,971 19,000 20,000 27,000 MISCELLANEOUS INCOME 46,164 46,300 36,904 36,000 STREET CUTS 360,473 276,000 330,000 300,000 CNTYCONTRIBUTION-LIBRARY 106,886 113,330 1131330 113,330 CNTY CONTR -AMBULANCE SERV 246,634 246,634 269,067 286,197 SMALL CITIESCONTR-AMBUL 61,074 79,881 79,681 101,816 MOWING CHARGES 81939 11000 16,000 14,000 PICK UP ANIMAL CARCASSES 2,387 2,100 21173 2,100 C.I.P. ENGINEERING FEES 2,816 2,600 2,600 2,760 ATTNY LEASE 8,260 0,000 0,000 4,100 41 MISO REVENUES 1,308,003 1,306,646 1,491,699 1,621,477 40 • 0 • r~+ 0 CITY OF DENTON GENERAL FUND REVENUE SUMMARY 1996-96 PROPOSED BUDGET 1993/94 1994195 1994195 1996/98 DESCRIPTION ACTUAL BUDGET ESTIMATE PROPOSED IN LIEU OF FRANCHISE - ELECTRIC 0 8831667 583.657 803,368 ADMIN TRANSER-ELECTRIO 1,822,684 1,749,417 1,749,417 1,870,830 ROI - ELECTRIC 2,338,380 2,360,233 2,380,233 2,380,831 AD" TRANS-WATER 632,640 720,049 720,049 706,949 ROi - WATER 1,134,373 1,181,089 1,161,089 1,171,230 ADMIN TRANS - WASTEWATER 471,662 623,762 623,762 616,426 ROI - WASTEWATER 9W,3N6 1,124,306 1,124,306 1,183,236 ADMIN TRANSFER-SANITATION 384,012 473,493 473,493 462,162 TRANS - DEF DRIVING 861 2,000 0 0 TRANSFER PUBLIC INFO OFFICE 0 48,814 46,814 46,814 TRANS-E09N DEV 101000 10,000 10,000 10,000 TRANS - FIRE RETENTION 137,000 60,000 50,000 0 TRANS FOR RSK MGMT 78,000 75,000 75,000 102,000 TRANSFER-INSURANCE FUND 40.000 20.000 20400 30,000 TRANS-IMPACT STUDY 0 76,000 76,000 0 TRANSFER -REC FUND 25,000 29,888 29,698 31,204 DISD OONTR - DARE 0 0 47,756 47,766 CLG GRANT 0 0 0 71000 STATE-SI13NAL 16,886 11,000 11,000 11,000 CONTR - DISD 64,731 66,186 10,188 10,188 TRANSFERS 8,122,606 9,070,873 9,071,429 9,169,980 GRAND TOTAL 30,081,329 8~L467 182 3 OSB 381 2 GENERAL FUND REVENUE BY CATEGORY AA VALOREM TAXES 9,530,819 6,283,765 6,486,000 6,562,141 SALES TAX 6,962,316 10,417,423 10,617,629 10,833,158 FRANCHISE AGREEMENTS 715,446 724,303 848,14 812,047 • OTHER TAXES 796,865 810,326 888,326 892,611 REVENUE FEES 970,670 1,090,748 1,064,767 1,129,322 FINES AND FEES 1,299,147 1,381,310 1,682,670 1,598,0'•di } LICENSE AND PERMITS 369,764 382,990 3121830 365,430 MISC REVENUES 1,308,003 1,306,848 1,491,599 1,521,477 TRANSFERS 8,122,606 9,070,873 9,071,429 9,169,980 O GRAND TOTAL _ 30.081,329 31,467,162 321038381 32,662,239 • • I~ C11 u*AVKVWAfYi1B &VONI 41 • • d~ ~ r! ~I 44 B! I RAC f~ 'l • r 42 A 0 • • i 1 i I L ATTACHMENT E • •1 • i i 43 • 1a r CITY OF DENTON GENERAL FUND EXPENDITURE SUMMARY 1996-98 PROPOSED BUDGET 1993/04 19"As 199/96 1996/08 _DESCRIPTION ACTUAL BUDGET ESTIMATE PROPOSED 1 GENERAL GOVERNMENT 632AM 840,144 632,040 713,642 LEGAL ADMINISTRATION 481,619 632,586 492,668 $41,992 MUNKaPAL JUDGE 130,683 162,442 1761862 208,227 DEVELOPMENTAL SERVICES 1,031A76 1,141,279 1,69108 1,260,877 j FINANCE 2,579,140 2,813,630 208,616 3,026,812 INFORMATION SERVICES 11263,357 1,384,070 113441944 1,331,782 iE MUNICIPAL SEHV 931ECON DEV 189,264 196,466 201,91 i 213,177 HUMAN RESOURCES $23,189 566,082 $45,909 672,790 ~E ENVIRONMENTAL. SERVICES 388,387 438,70$ 436,671 467,041 PARKS 6 RECREATION 2,484,295 2,704,203 2,679,474 2,847,092 n FACILITIES MANAGEMENT 1,142,05$ 1,857,949 1,816,349 1,463,981 LIBRARY 1,079,812 1,418,986 1,362,878 1,388,603 ENGINEERING/TRANS/STREETS 3,347,349 3,701,016 3,641,181 3404,M AIRPORT 185,021 99,202 94,764 117,194 POLICE 8,369,060 7,024,119 8,887,623 7,284,686 FIRE $,884,396 6,869,409 6,888,489 6,185,981 • DRAINAGE 327,410 367,292 362,108 396,112 TOTAL EXPENDITURES 27,708,977 30,917,680 30,211,396 31,892,071 CONTRIBLMON/MISC 1,649,998 1,822,460 1,818,467 1,883,768 0 ~ • PROPOSED PAY PLAN 840,000 CITY HALL RENOVATIONS 402,647 TOTAL EXPENDITURES 29,358,913 _ 32,740, 040 ~_f527,882T31,39$,378 44 i • I i I I ATTACHMENT F I L •I 1 ' 46 • 0 • ca • SUMMARY OF FLEET CONDITION - - - - i . AVG. _ ORIGINAL MA1NT. MAINT % % - --ii, AGE OF PURCH. COST AS % OF CLASS or CLASS of CLASS of DEPT/DIVISION FLEET PRIC L-T-D PRICE I TTL 2 TTL 3 TTL AIRPORT 16.8 Years u435,2-15 516,553 _4796 6 0 ! ANIMAL r Y- 517158a~__65%L_ S-- 0' 0 - BLDo [NSPE~ 6.4Ycara 1,_ SIOi,502I f39,043L_. 3F% 7mm~ 0 _ 2 1 (OMM DEVEI~ 1 Yuh~_ _ 571 0 MNI 1 5512~~ 78go 17 - 0 ___4 DRAINAGE 1 _119YeareT __9,972 ELECTRIC ~S,OYosrsT_53,180~p71[ 51,2902f4 4190 - 81 9 44 r 9 ENGINEBRINGLI Years ] - ~115,74-5 S36,472] 32Q6r YS t 3 FACIr fT1ES MGT] 8 1_Yeare 5106,311 575-,96~ 7196_l__-_ 7 0 3 FIRE 7.4 Years [ "_52,434,87Q~ s5,2 _ is~61 21 _ 0 WORKiNO CAP I f_I.1 Years ] 5280,9901 _F182r296r--_659~I.-_-16 -0 2 PARK & REC 9 2 Years 5798y835T 5149,555 [ 44rYar 54 7 15 POLICE 1 _ _4.l Years 1 s~~2s~a 6(I~J _ s317 9 - tis~h] _2~ 29 a1 _0 23 SOLID WASTE 72_Years j-_, 53,965,608] 52~396,904~ 609G~ 33 ___STRPET_- 7,8Ytars__j_ S1~086,655[_.SS34j,- 4996- 28 __.l 16 TRl± 71C CONT 1 ,10 5 Years-.L _ 5201,7ig] _ 5701541 3S. Rb 12 2 _ i WATER _ ( 7 S Years [ SI,842,770] 5752 190E 409b-] - 41 ~ 3 37 WASTEWATf3R 15326'!4[ Sf78319-r__. 13%_L _ 2 TOTAL 8.2 Years $16,5902213 S7,1a3,531 9j • Criteria; Total: 628 High Maintenance = more than 503' of the original purchase price of the vehicle, High Mileage - greater than 12,000 miles or 1,300 hours per year up to 60,000 miles or 8,000 hours. High Model Year (age) = 1989 or older, I= TAo or more Criterion high 2 = One Criterion High 4 = All Criterion Moderate to Low ss • o _ • ea 0 ; - - ~ t ~ t 1 I ~ r i - ' ) } i _ l 0 i 0 r. a v