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CITY of DENTON, TEXAS MUNICIPAL 8U1LplNC4 218 E, McKINNE'Y / DENTO N, TEXAS 76201
MEMORANDUM
nATBI February 4, 1993
'POs Lloyd Harrell, City Manager
FROMs Thomas Klinck, civil service Director
SUBJtCTs Certified Names for Entry Level Police Recruit
in accordance with Chapter 143, 8eotion 026 of the Texas Vocal
Government Code, x am certifying that after the tie-breaking rule
has been applied the attached three names are the next to be
considered from the el,ic~ibility list of the entry level police
recruit examination administered November 21, 19931 (You have
already appointed and/or passed over with valid reasons the
preceding names on the list), From these three names, you will be
appointing the person having the highest grade unless there is a
valid reason why the person having the second or third highest
grope should be appointed. If there are valirl reasons for
passover, they will be indicated by the person's name.
After Chief Jet makes his reoom:nendation for appointme,sts to you,
we will draft the appropi,late correspondence to notify each
individual accordingly)
S Nomad x nuTc
cos Michael Jet, Police Chief
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9171666.8200 0/FW MPTRO 434.2629
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3A Groves, Randall 95*
4C Boyden, Matthew
94* Certified pesos ofPicor
(tie breaker)
4B Ewell, Bradley 94 BA Dogreo (tie Breaker)
*5 paints for military credit applied
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MEMORANDUM
I
DATE: February 41 1993
T0: Lloyd Harrell, City Manager
FROM: Thomas Klinek, Civil service Director
SUBJECT: Certified Names for Entry Level Police Recruit
In accordance with Chapter 143, Section 026 of the Texas Local-
Government . Code, T an certifying that after the tie-breaking rule
has been applied the attached three names are the to be considered
from the eligibility .'list of the entry level police recruit
examination administered on November 21, 1993, from these three
names you will be appointing the person having the highest grade
unless there is a valid roooon why the person having, the second or
third highest grade should bo apppointed, If there are valid
reasons for passover, they will be indicated by the person's name,
After Chief Joz makes his recommendation for appointments to you,
we will draft appropriate correspondence to notify each individual
accordingly.
T omas X no
act Michael Jez, Police Chief
app00326,
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6171668.8200 0/FW METNd 434.2828
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l White, Kevin 97* Questionable employment
background"
2 5hingleton, Philip 96* Withdrew application
because hired by
AUetin Police Dept,
3D Hilton, Paul
95*
Awaiting Oral Review
Hoard.
*5 points for military oredit applied
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C1TY ofVENrON, TUXAS MUN10PAL HUILDINO / DEN TON, Texas 78261 / TELEPHONE (817) 6ee.8307
O1Ra® of the city mannoor
M b k 0 A A N D UX
To$ Lloyd V, Harrell, City Manager
rROki Rick Svehla, Deputy City Manager
DATtt December 23, 1995
8V3gRCTI Pay for Civil Service Employees
in January, we will implement the new Mercer policies and pay plan
for civil sorviee employees, we will be implementing Mercer
recommendations, Specifically, those are the following) any
civil service employee who is due a pay plan increase under the
old plan will receive that if that pay increase opportunity occurs
on or before December 31st of this year. Effective 7anuar lot,
all civil service employees will Como under the juriodiotion of
the new Mercer plan, That plan will guarantee all aivi.l service
employees a minimum of a A salaryy lnarease. There is only one
exc~option and that is for the poli.o3 officer rank at the 9 year
step. Under the Mercer plan, those employees will receive
approximately 2% rolled into their bags salary, The remaining
amount that will bring them to a full 3k increase over current
salary will be paid as a one time lump sum.
As mantiohod. earlier, this will become effective January i and
will remain in effect until adjustments are made to the plan or
the now previsions are made with next year's budget,
if you have further questions on this nformation, please advise
at your aonvenionce,
41
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Deputy City Manager Director of Personnel r
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444
December 13, 1991
Lloyd Harrell
City Minager
City of Denton
215 U. McKinney
Denton, TX 76201
Dear Lloyd,
An you know, tlio City of Stephenville is presently litigating the
part of L'liapter 143 of the Local Government Code (Civil Service) to
determine what in involved in reppealing thin chapter.
Specifically, we pre challenging :the constltuti.onality of requiring
a majoi-ity of the qualified voters to affirmatively vote to repeal
this Ghaptor, Although this case deals with the City of
Stephenville, it certainly has atate wide implications and will set
a precedent for tall civil servi,oA cities,
The Texas Municipal League has been assisting um in this endeavor
and has agreed to help us uolicit contributions from other oi.vil
service cities to defer part of our legal e;cponsen. T have talked
with Rick Svehla about this matter and suggested that the City of
Dentown share in this litigation should be $2,000 to $3,000,
obviously, this is voluntary and would not commit you in any way in
thia court suit,
We appreciate your.'interost and concern, Rest oesured, the City of
Stephenville is committed to this offort, and we hope we can clear
up thane constitutional questions regarding '-.his inequity in
vot
Let me know if you have any questions, Again, Lloyd, we appreciate
your help.
Si c'elyr
• Donald H, uavie ~ p , ,
Cety Administrator
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FUR PAL A , DE:C GEG'b
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December 2, 1991
MEMORANDUM
TO: Civil Service Contact Persons
FROM: Frank Jr Sturzi, Executive Director
SUBJECT: City of Stephenville/Attached Letter
Attached is a letter from Mayor George Swearingen of Stephenville, 1 believe the
letter is self-explanatory, We have recently learned that December 10 has been set
for the hetr.ringdale,
If you have any questions regarding the specific Stephenville case, please contact
Don Davis Stephenville City Manager, If you have any questions about the broader
issues of cIvA service adoption or repeal, please feel fmo to contact Susan Horton,
TML General Counsel,
if you wish to assist tk of Stephenville, please make your check payable to
TMI., but clearly indk 6 us that the funds are intended for use in the
Stephenville case,
CC! 'TML Board of Directors
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Cite of Stephenville
Front the Mayor's Office"
300 NORTH 89LKNAP STEPHKNVILLE, YMXAA 70401 817.gon-788y
November 22, 1991
Texas civil Service C0Jv.s
c/o Texas Municipal League
Austin, TX
Ladies Bind Gentlement
On November 5 the citizens of Stephenville voted to repeal Stato
Civil Service (chapter 143 of the Local Government Code) by a 668 -
408 vote, The following day, the City Council abolished it,
The Stephenville Police Officers Association, in conjunction with
the Texas Municipal Police Aosociation, has filed a suit declaring
the election results invalid. Their contention, of course, is that
this law states it requires a majority of the registered vo>eks to
repeal Civil SerVire, Tho Union has employed the firm of Mills,
Millar A Matkin of Waco to represent them. The city of
I Stephenville has employed the firt',i of Haynes and Boone' (Bettye
Spvingor)
Both aides are to submit their written briefs by the end of the day
f on Monday, November 25, The hearing is tentatively scheduled for 1
the early part of December (a date to yet be determined).
Many of you have expressed a willingness to supprt us in this
endeavor (Legally, politically, and financially), The purpoue of
this letter is to formally request that support, The Texas
Municipal League has agreed to sorvo as a collection point for this
solicitation,
ll ) We appreciate your help, if you have any questions, please feel
freo to either call' me or Don Davis,
Sincor aly,
A Goorgo Swearingen + r~
Mayor r
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"Home of 71arieton Rate Unlyetslty"
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JOHN R. MacLE
etired t~9, , .
It, 6 dyad W L4W Smuimi em
December 17, 1991
fir, Carry Lewollen
Attorney at Lew
P.O. Box 657
Stephenville, Texas 76401
Mr. R. John Cullar
Attorney at Law
P,O. Box 7872
Waco, Texas 76714-7872
Mr, Randy, Thomas
City Attorney
P.O. Box 934
Stephenville, Texas 76401
Ms, Bettye S, Springer
Attorney at Law
1300 Burnett Plaza
801 Cherry Street
Port Worth, Texas 76102
RBI Cauan No. 90-30-20627-CV
Jerry Walker vs. City of Stephenville
N COtulnelorsl
The Court finds that the Plaintiff is entitled to a declarstory tdgment to
the effect that the number of votes cast in the November 5rh, 19 1 elect.on
was insufficient to repeal the Civil Service 1.aw, to-Witt Chapter 143 of the
Texas Local Covernment Code, T11e Court is of the opinion that the statute
require, a majority of the raaistered voters to zepoal Chapter 143.
d
The Cou't further finds that the Plaintiff is entitled to attorney fees in the
amount of $101000,00(Tan-Thousand Dollars and,no/00).
SS re ours
John R, MacLean
DietriCt JUd$8
Jkf/lc (Not paid for at State Expense)
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MEMO #91-075
Tot Mr, L. Harrell, City Manager
Mr. R. SvehlaI Deputy City Manager
Me, D. prayovitah, City Attorney
Mr. T. Klinck, Director of Civil Service
Mr, M. Jez, Chief of police
rRome J, L, Cook, Jr,, Fire Chief /au
DATEi 12 November, 1991.
REi CIVIL SERVICE UPDATE
Three representatives from the Personnel Department and three from
the Fire Department attended the annual TPA sponsored civil. Service
Workshop in Austin on 7 and a November, 1991. The workshop was
very interesting and was well attended. X wanted to updato you on
Chapter 3.43,
First, on 5 November,, 1991 voters in Stephenville voted to repeal
Civil Service. This is the first such case in the state. This was
for police only, the fire department was not covered by the Act.
The City Administrator told me that the police were in the process
of seeking an injunction to overturn the election. This should
prove to be interesting,
Second, questions continue to arisa as to whether dispatchers and
Fire Prevention personnel should be covered by the Act, i expect
the Fire Fightersf Association to pursue this one,
A question aroma concerning college hours as an entry level
requirement. John Westfs opinion is that they can not. He did say
that ho thought it was permissible to require psychological exams
for promotionals, He also suggested that a conflict of interest
exists by having the City Attorney's office represent the Civil
sorvioe Commission,
Finally, the Tyler Police Chief indicates that their EECC case is
still on appeal, John Went responded to my question by saying that
he felt•Lhat a complaint by council about Affirmative Action was a
6 sufficient reason to begin to go down the list to correct workforce
imbalances, While you will be sued, he felt that the Federal
courts would uphold actions to comply with Federal Employment Laws,
The TPA will host a course on AI)A this month and we will probably
send someone.
® Ploase call if you have any questions, 0
JLC/ks
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Stephenville ' EulJlmLyyde,execulivedirector_
• • • oflheTexasMunlclpalPoliceAssa '
cYV11 service elation, sold at last night's council
mgeting, "The figures used by May
vote planned or Swearingen are totally incorrect,
'lio Gguro of $2 529,119.51 had not
been expended for the cost of civil
BY MONICA STAVISI I setvice to date",
ANn BARBARA LANCAS7}:R .LydO also questioned a fl$Uro of
ran wmp su r.i elgnm $61,026.41, which he old the city Is
STEPHENVILI.E _ . 'rho City keeping as eonlln$ent liability for
Council yesterday approved by a -earned but unused sick leave,
ratioofg-lo•l aresolullontoholdun Swearingen said the officers' au•
elecllun on Nov. S torepeal the clvil tomatic three weeks of vacallon "is
service program for the Pollee Do. upsetting to other city employees"
time
paDuring the meeting, Mayor to rsshortening thevacati ne l
OeorgeSwearingen presented ape• or, cerswithlessthanloyearsof
t]don signed by 746 residents who " - - service from three weeks to two
want to abollsh civil service for the weeks.
23-ofi1ccr force. About 10 officers ]lie ot}'Icem' retirement income
attended the meeting. would not be affected because that
"We're going to question the vn• money comes from the municipal
tidily, of the signatures and we'll Retirement System League, Swear. T {
have more to report w a later date," inben sold
said Attorney Clarry Lewcllon, who odringon also said civil service
is representing the ofilccrs. 11tuh11 control Over city employees
Swearingen said the slgnatures becausedepartmenlheadscan tells.
had bean validalod by City Secre. elplin4 employees without the
Lary Joyce Pemberton, Oct com• threat Uf o lawsuit against the city,
pared the naoies with those on a ltoi Walker said [lie city doesn't
voters rcgistraton list, lose control over civil service em
5tephenvillevotersapprovedciv. ployms because "local civil service
11 service for Ih8 city's police force rulesaresat(town byalocal commit,
IwoytAllogo,Civil service lsagov lee ofchizens," lie sold Stephen-
oilment employment sysiom do. Ville has such a committee
vlsCd so that employees are hired Lydo sold that civil service I$ do-
and treated On lhobal4aAl'moriland signed to keep politics out of law
standardized Icstlng. enfotcemcul and that his Assocla-
Jerry Walker, pnsEdentoflhoSte. lion will defend Ihn system In coup
pKiriville Police Officers Aswcla• if necessary, lie Also expects Mo.
Ilop, sold Wednesday that civil set. phonvllle associotlon members to
A vlceforpollcepassed bya radouf3. urge the public to vote Against the
to-1, repeat,
"We will fight to keep civil set
vEre," he sold. "I don't fully under-
Stand their (the opponents'( mu,
lives, 4Vc fail to sce how civil service
hai caused any problems."
Stion sigAt who helped oranl • •
A I>r'Jltnnelgnatutesdoor tottoorand
at Isbsque River Mall, believes that - . _._W.
alwllshing civil service for police I
oMccrs would save the city money.
I Id sald thecity spent $29,000 dur
iiij the last 22 months on pold sick
leave and extra vacation lima for ,
police,
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Four 8e4uoas Hotel
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REGISTItATION FORM
P1,110 INDICATE YOUR PARTICIPATION IN TIME "AWAVIACTMW:
w NO AC'11V1I7f
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Wry Of 01WON,TAWAS MUNICIPAL SUILDINO/ OENTON, TEXAS 76201 / U-LEANONE(817) 666.8307
._~0111os of the City Renagar
July 13, 1992
Mr. Frank 8turzl
TOXaS Municipal League
211 E. 7th Suite 1020
Austin, TR 78702
Dear Franke
i
Our council has approval this amount of monoy to be forwarded to
you to be used for the Stephenville Civil Service lawsuit. Please
place in the appropriate ncoount and advise lion Davis,
Thank you for your anoperatlon.
Very ly yours,
Rick Avehla
DepUty City Manager
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OPKRATINO ACCOUNT_ e.HW NUMONA
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CITY OF STEPHENVILLE MAY 29 AECrD
MEM0RARD VM Cnl )I r, rot 4
VOt Interested chapter 143 Cities AATIIC 05/28/92
FROM: Donald h, Davis, City Administrator
BV800TI City of Stephenville vs, Jerry Walker
We have been informed that tha Court. of Civil,Appeals will hear
oral a•Nguments on our Civil service law suit on Thursday, 'June 11,
at 1100 elm, The, Court of Civil Appeals meets in the Eastland
County Courthouse,
I would like to invite ou to attend this hearing; however, I
understand the 'Courtroom I a very small (a seating capacity of only
12 people)
If y6u can not attend the settling, I will advise you as to its
outcome I appreciate ::.li, your help during the course of this
litigation and will be happy to answer any questions you might
have.
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CITY OV DENTON CITY COUNCIL
PLANNING SESSION
JUNE 5 & 61 1992
ISSUES, CONCERNS, pR0 ECTS
* Upper Trinity
* TMPA Concerns
i
* Budget
* Sign Ordinance
* General ords, Rules & Regulations
* Stormwater utility
* Impact Fees
* Changing Public Participation Process for Council MeotIngs
* Space - Moore Building
* Charter Review
* Task Force - New CIP - Bond Issue
* 216t century
"Shared Vision Process for Denton°
* Chamber of Commerce& City Council Working Relationship
* Perception of City - "Difficult to Do Business With"
o Need for P.R,
o How to HELP "little Person" Deal with City staff
* FM 2499 & Other Highway projects
0 * New Park Superintendent
* Upgrade of Streets
* Renovation of Civic Center Pool
* Total Quality Management - Internally
0 Externally with citizens
* Recycling
* Landfill/Solid Waste Disposal
1
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Issues, Concerns, Projects
Page 2
* intergovernmental Relationships - Local - State National
o Implications of Bel. Budget
* Substand6rd Buildings
* Special Olympics - 25th Anniversary
* Affirmative Action
* Economic Development
o Coat Effectiveness
* A.D.A.
* Water Tower Sighting/Design
+ Airport Development
* Develop Plan for Sidewalk Repair
* Legislative Action for Authority for 1/20 Sales Tax
a Relief for Property Tax
* Lobbyist for Legislature?
* Civil Service Reform
* Trucking Regs, Etc. for Economic Development
* Court of Record
* Examination of User Foot/
* Relief for Property Tax
k State In°Lieu-nf-tax Payments
* Housing - Continue Efforto for Low Cost
* Dispo.gition of Central Fire Station
* Public Safety Issues
•
* Fry Street Fair
AMM00162
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Issuese Concerns, Projects
Page 3
Donation of Old Southern Hotel to Housing Authority
* Entire Fairground Issue
* our own Working Relationshi,p,g E
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MEMO #91-035
Tot Mr, T. Klinok, Civil service Director
FROM$ J. L. Cook, Jr,, Fire Chief
D11Tat 12 June, 1991
Rai CIVIL SnV1CN azue
The fire department currently has two vacancies and there is no
eliggibilityy list as provided for by Sao. 143,025 of the Munioipal
Civil 'Service Law, In addition, we have just had a fire fighter,
Ken Stackhouse, 'sustain serious injuries in an off-duty motor
vehicle accident,
We had originally intended to hire the replacement personnel off a
list for Station six, That project is in such doubt due to
budgetary problems that we nead to move forward to fill our
existing positions,
In addition, the failure to provide promotional exams is having an
adverse impact on our Departmental policies, we require that a
personbe on an eligibility list in order to receive diffArential
pay for acting in a higher classification as provided for in Sec.
143,036. our alternative is to rely strictly on a seniority system
which prevents us from 'mentoring'cur future officers and drivers.
Your, attention to these matters is appreciated.
xot Mr, R. Svehla, Deputy City Manager
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MEMORANDLMI
To; Betty McKean - Executive Director, MSED°
Rick Svehle - Deputy City Manager
Mike Jez - police Chief
John 'Cook - Eire thief
From, Ton Klinok - Director of Personnel/Employea Relations
Dote: Deo, 21, 1990
Subject: Civil Service Presentation Promotion of Changes to Law
T recontiy received a slide/tape program prepared by TML that outlines, in
very basic "lay-person" terms, some of the background and current aspects of
State Civil Service Law that are detrimental to cities, it also suggests
changes to the law as are being proposed by TML and for which our City
_Council has passed a resolution supporting, I've attached a copy of the
script for your review,
As we approach the upcoming legislative session, this media would be
extremely valuable for programming with local citizen groups, Rotary, Lions,
etc. to attempt to educate our citizens and gain their support in
influencing legislation sponsored by TNL,
Please let me know when you might have an opportunity to use this slide/tope
program and I'll be happy to Assist,
Thank you,
Thomas W. Klinok
csslide,prn 12/21/90 9:40e
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Civil Service Presentation, 6.90
SLIDE 1 Any organization, whether It's a f =lti re store or a
national corporation, seeks to hire and promote the Best
qualified employees,
I
Municipal government is no different from any other
employer, 1
SLIDE 2 A policy to reward Initiative, superior performance and
quality work Is advantageous to both the employer and
the employees
SLIDE 3 However, many Texas cities function with a personnel
system which makes it at least difficult and, in some
cases, imposslble to reward employees on performance
and Initiative,
That system Is called civil service,
SLIDE 4 The concept of civil service is virtually as old as the
nation itself, basing ` Its roots 'during the George
Washington administration, Those staff members were
to be selected who possessed "fitness and character."
e SLIDE $ president Andrew Jackson's personnel management
system, on the other hand, was based on rewarding
political supporters with positions In government.
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Jackson believed that the common people were capable
of assuming the rt~ponsibllltles of public office. The
rotation of personnel, or the "spolis 'system,, assumed
that it could prevent the creation of a powerful elite and
would encourage direct accountability of government to
the people,
f.
SLIDE 6 In time, however, the political patronage systt~m
produced just the opposite result, evolving into a corrupt
political machine, Congress acted to depolkicize the
personnel process on the federal level with passage of
the Pendleton Act in 1883, and the federal civil service
commission was born.,
SLIDE 7 The original purpose of the civil service commission was
to correct the abuses of the past, and oversee a merit
system for politically neutral professional administrators
and employees,
While the goal Is simple, In practice it's a 0Omplicated
process.
SLIDE S t f
• n Texas, a civil service system for the state's fire and
police departments was enacted In 1947. However,'citles
were not autombdcally Included In the civil service
f
system,
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SLIDE 9 A vote Is required at the local level to adopt civil service,
However, from its inception and passage by the Texas
legislature, Inequities In the CIA servito 'system have
become readily apparent.
SLIDE 10; For example, for a city to adopt civil service requires a
}petition to call for an election signed by .0 0 of the
number of voters who voted in the last municipal
election.
And a simple majority of those voting in an election Is
required to adopt civil service.
SLIDE 11 But if a communlty wants to repeal the civil se.rvk,-e
system, a petition must be signed by 1011o of 1] qualified
voters, And a vote of the majority of idl voters Is needed )
for repeal,
SLIDE 12 Since Its passage in 1547, less than 70 cities have adopted
civil service, As provided under the law, a 3-member
civil service commission Is appointed In those cities.
•
Commission members'senpe 3-year terms. Qualifications
under the law are vague, and no prior knowledge of civil
service law or personnel manapiment is required.
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SLIDE 13 Trt 1947, the
Texas legislative believed that with civil
service and civil service commissions, professional pollcr
and fire employees
would be freed from the spoils
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system, and that experienced personnel would not have
to engage in political activities to keep their jobs,
However, due to amendments to the law, the system
approved in 1947 is hardly the system of today, Many
changes in the law have focused on security, pay and
benefits)
SLIDE A The costs brought about by these changes are borne by
the local taxpayer. Taxpayers must foot the bill for
changes in the law, changes that did not require, nor ask
for, a vote of the people.
Amendments to the civil service law are made by elected
officials in the legislature, officials who must raise vast
sums of money to be re-elected,
Police and fire unions lobby extensively with legislators,
and union political action committees make campaign
N contributions to candidates favorable to their cause,
SLIDE 15 All of which points out that civil service has been re-
politicized, and hasn't removed the police and fire r
employee from politics at alit
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Therefore, we have come full circle. The original
concept of a politicallyfree civil service system has
evolved, once again, _ Into a system where flnanci8l
contributions and Influence are rewarded in the
workplace.
SLIDE 16 A brief review of pracr.lces and provisions of the civil
service _law will reveal how the system has diluted
employee uccountablli'.y to management and weakened
effective administrative authority.
The key civil service provisions relate to employee; hiring,
promotions, pay and benefits, and discipline,
SLIDE 17 Employment Is based on a written examination. 't'hose
that rank highest are given first considertttlon for
employment. A lower ranked applicant cannot be
considered unless a higher scoring applicant Is passed
over for a job-related reason, such as physical inability or
poor %%mrk record.
These seasons for passing over a higher ranked applicant
•
do not Include any affirmative action requirements.
Cities are finding recruitment of minorities a frustrating
experience because of examination restrictions, in the
law. I •
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Police and fire associations have consistently opposed '
any change in these employment provisions, even as
close attempt to meet equal employment opportunity
obligations.
SLIDE 1$ Promotions are likewise based on a written examination.
Unlike other employees, civil service employees are not
promoted on the basis of quality of work, ability,
leadership, or job performance. These are not factors
considered for promotion within the civil service system.
But seniority is factored into promotion test scores.
Cities, Linder current law, aro also prevented from taking
special initiatives to promote minorities and other
employees based on performance,
SLIDE 19 Under the civil service system, pay and benefits are not
within the total control of the local governing body or
administration, The State of Texas mandates vacation
and sick leave policies that are not available to other
employees, but must be funded by the local taxpayer,
•
SLIDE 20 Demotion, suspension and termination of a eivll service
employee are not within the scope of authority of city
managements
Demotion requires a request to the Civil Service
Commission, A professional administrator, such as a fire
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employee.
The commission will decide if probable cause exists and
then schedule a hearing to ultimately decide the matter,
SLIDE 21 A police or fire department employee can be demoted,
suspended, or disciplined for specific reasons, But, the
fire fighter or pollee officer who has been demoted,
suspended, or disciplined has the option of appealing the
action taken to the commission or to a third-party,
outside hearing examiner,
I
The third party hearing examiner provision came about
in 1983, The police and fire unions argued that a
commission, approved by the city council, was too closely
tied to management and could not render a fair and
Impartial judgments
The third party hearing exclmine.r, in effect, replaces the
police or fire chief In deriding matters of internal
employee discipliner
•
In several instances' across Texas, third parry hearing
examiners have allowed civil service employees who are
confirmed drug users or drug pushers to return to work
e after being fired. •
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In other instances, employees have 'beta reinstated In
spite of, their admission of guilt for stealing or for
knowingly filing a false roport.
Yet, any appeal option to a decision of the hearing
examiner by city management is denied under current
law,
The ability of a professional police or fire chief to
manage the public safety functions they were hired to
manage have been eroded and weakened,
SLIDE 22 Reforms and changes in the civil service law must, of
course, begin with the state legislators,
lust attempts that encourage more effective
management of public safety departments have been
resisted by police and fire unionsr
But, lasting solutions which benefit everyone are the goal
of civil service reforms.
Practical reforms to aohleve better management and a
•
local voice in personnel matters are needed.
SLIDE 23 Hearing examiners, for Instance, should be used only in
the most serious of cases, and should be allowed only to r
determine If the charger, -tgalnst an employee are correct,
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They should not be allowed to question, modify, or
reverse the level of discipline imposed, i
Hearing examiners should receive special training prior f
to presiding over civil service cases,
I
Cities should have the right to appeal third party hearing
examiners' decisions to district court. '
Cities should be able to implement affirmative action
plans for police and t'Ire departments,
The procedure for voter approval of civil service and Its
repeal should be identical,
SLIDE 24 With these and other necessary reforms in place, city
managers, police and fire chiefs, and other
administrators could do what they. were hired to do
manage their personnel more effectively.
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Ol rY of DWON / 216 E. MoKlnney / Donlon, Foxes 76201
hEMORANDILH
DATE] November 5, 1990
TO: Betty McKean, Executive Director
Municipal Services and Economic Development
FRAM$ Thomas W, Klinck, Director
Pert onnai /Employee Relations
SUBJECT! RESPONSE TO COMPENSATORY TIME QUESTION
This memo is to respond to the question asked about non-exempt employees
receiving compensatory time in lieu of overtime, According to the Fair Labor
Standards Act (FLSA), "the law authorives a public agency to provide
compensatory time off in lieu of monetary overtime compensation, at a rate of
not less than one and one-half hours of compensatory time for each hour of
overtime worked," Overtime is considered any time worked over forty hours in
a work week, Also, according to FLSA, "an employee who has accrued
compensatory time and requests use of the time must be permitted to use the
time off within a (reasonable periods after making the request if it does not
'unduly disrupt' the operations of the agency,"
According to the City of Denton overtime Policy (106,04), non-exempt employees
may be eligible to accumulate 80 hours of unused compensatory time, Anything
over .80 hours shall be paid in overtime compensation. This is at the
discretion of the supervisor (determined prior to the work being performed)
and the employee must be paid any unused compensatory time upon termination at
one and one-half time.
Copies of the FLSA and overtime policies are attached with the pertinent
information highlighted, There is nothing in the FLSA policy that dictates
for a public agency a time period in which compensatory time must be used,
•
If you have further questions regarding this information, please let me know,
s
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Attachments
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'CITY OF DENTON PAGE , OP-3
POLICY/ADMINIOTIATIVglgOClDURN/ADNINISTlATIVS Dr:foTlrg
SECTION: PBRSOWWRL/VTLOYEE RELATIONS REFERENCE
1111A+EER106.04
SUSACT: VAOR AND SALARY P40 IFFIM G3%18%86
TITLE: OVERTIf91
`y' RdPI,ACE
1/19/85
POLICY STATIKUTt
Ths City of Denton requires employees to work overtime when necessary and an
requested by the supervisor. Overtime is defined as iguthorized time worked
which exceeds 40 hours per work week, Overtime for Fire Civil Service
employees will be caloulated based on the maximum number of hours for the
declared work period. Employees who work overtime without authorization from
their immediate supervisor will be subject to disciplinary action, Overtime on
any job shall be allocated as evenly as possible among all employees qualified
to do the job. Supervisors shall make every effort to schedule overtime as far
thatdovertime ipossassible. Supervisors
only when abshall be solutely hold responsible for
Overtime,eforri
non-exempt employees only, may be paid, or, at the option of the employer and
employee, it may be taken as compensatory time, subject to the requirements of
the Fair Labor Standards Act, 29 U.S.C. 201 st seq,, as the same nay be amended E
from time to time,
Some seasonal and temporary positions may be eligible fora overtime,
The Personnel Dlreotov is responsible for maintaining the exempt/non-exempt
status of all city positions,
OVIRTIPM PAT;
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of one and
ubject to Section H, non-exempt employees will be paid at the rate one-halt overtime, Overtime willsbehpaidrfor lallradditional time authorized zto
the nearest quarter hour.
I
® b. Motive April 15, 198¢j
y~ rice-exempt empleyea0 rep. he elaA~41r_,tq~,
OOuswist6 80 hours of unused oompensatory time. e supervisor ~i'~t
the discretion to provide the option for an employee to choose to i~
Oompenestovy time at the rate of time and one-half in lieu of paid
bVertime prior to the performance of work. If compensatory time
i%oeeds AO hours, the City shall pay overtime compensation until
e q~enaatory tiaw .ta~elr. to-l4..i~oiiarr af.:240! . • «
0. Regular part-time employees will not recaive overtime pay until the
number of hours actually worked exceeds MO hours per work week.
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MORINO
NUMaEM106.O~
rrrLE; OYERTIKi
D. Sick leave it not considered actual time worked and is not included In j
computtni hours for overtime purposes. Holidays and vacation leave are
considered actual time worked for overtime eligibility.
E. Exempt employees are not eligible for overtime pay. These employees '
will sometimes be required to work more than the normal 40-hour week
without compensation due to the nature of their job duties. Super-
visors of exempt positions will determine oooaional discretionary time
off, based on work load, for ;tours worked in excess of e0 hours per
week.
Discretionsry time is defined as flexible time otf which is approved by
the immediate supervisor and does not equal or exceed the number of
extra hours worked.
P. It a non-exempt or Civil Service employee leaves the City due to
resignation, retirement, discharge nr death, he shall be paid for his
socumulated compensatory time. Such compensatory time will be paid at
the rats of Peg the employee Is earning at the day of termination or
the average rate of pay for the last three years of employment,
whichever it greater.
0. A regular tull-time employee may hive a part;-time yob in another
department it approved by the department director and Personnel
Director. The hours worked in this capacity shall not be counted
toward overtime if the part-time work is In a difterent eapaoity than
the employee's regular job and occurs on an occasionsl or spcradio
basis.
ADMIN18TRATIYR PAOCHOUtttt
I
A. Prior to working any overtime, employees suet check with their
suparvisors to make sure overtime is or will be authorized.
i
8. Work performed by an employee other then normal working houre will not
be considered payable overtime unless authorized by the appropriate
supervisor In writing. (For examples work during meal times, after
normal working hours, or work taken home.)
C, txempt employees in job family M/1-3 will receive paid overtime at a
rata of one and one-half times their regular rate of pay only in
emergency situations. A A
An emergency situation is defined as a disruption or lose of an
essential eerviee that relstee to water, electrioity, health or safety.
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OVIRTUM HMttlrti06 0e
C1YYL stAYIGrs
The City of Denion hat deoiared a 28-day work period under the the 207 (KI
K1
provision of the Fair Labor Standards Act for;Denl0 lire C 207
employeN r Under this ;•xssptlo,., hours worked over 'M in the 128-day
work period will be considered overtime and will be p%ld at ono and
one-half times the regular rate,
zn Wttion, we have declared a 28-d6y work period for police 'officers.
The law enforoe+ment amployeet,;as required by the Fair Labor Standards
Act and 29 CM $53, will be paid overtime at ono and one-half :ties$ the
regular rate for hours worked in excess of 171 each 28-day work period,`
However, in ao(jordanoe with the laws of the State of Takao) p4yin4
o''-etime entitlements may be granted on a basis exceeding the
r1.^r(irements of the Fair Labor Standards Act.
9'..,..ive April 15, 1986, safety employees may accumulate up to 80 hours
of unused compensatory tlme. tt approved by the supervisor, these
employees will be permitted to take compensatory time at tin& and
one-hilt in lieu, of paid; overtime tot hours worked in excess of forty per
week to the o3ent permitted by the provisions of the pair Labor
Standards Act, If compensatory time exceeds 40 hours, the City shall pay
overtime oodp,ynration until the aompenralory time total$ to 80 hours or
less, In addition, the time between 16Q hours per 28 day work period and
the 171 "Kitma hours per work period allowed by the Fair tabor Standard/
Act will not count toward the oompensatory time maximum of 86 hours,
Seotione l through 9 of Article 1260P, Vernon's Civil Statutes (hours of
labor and vacations of fire fighters and polio* Cffloeri in nhrtain
cities) outlines the speoiflo lave oonoerning overtime of Civil Service'
erployees,
Vernon's Civil Statutes, Article 1269P, is available for re+Jiew at the -
City of Denton Publio Library and the departments of Firer, Police, and
• Personnel/Employee Relations.
02586
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CITY of OtNTON / 215 F, MoKlnney / Denton, Texas 76201
MEMORANDUM
DATE: November 2, 1990
701 Betty McKean, Executive Director
Municipal S13rvicet, and Economic Oevelopment
RROMI Thomas W, Kllnck, Director
Personnel/Employee Relations
SUBJECT: POLICY NUMBER 102,11 - UNIFORMS
Betty, this memorandum is in response to your 10129190 request for more
information regarding the proposed changes to the Current Uniform Policy,
Sometime back, Tom Shaw shared concerns that actual practices were not
reflected in the Administrative Procedures.
Below is a listing of Tom Shaw's concerns primarily dealing with the actual
practice of the Uniforms being leased:
1. Disposition of Unserviceable Uniforms
2. Removal of Markings
3. Special Markings
4, Disposition of. Uniforms Upon Departure of Employee
5. Requested ReplacemehtK
b. Altel"ations
Proposed chan6~es reflect the above listed concern and have received legal
review.
Please feel free to contact me with any questions or concerns,
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CITY OF OEN'TON oAOE t of
POLIOT/ADMIMIST'LATIV'1 P►'O01DV~3/AD11r11117;A?IYIe a1NsO7rVi
SECTION: REFERENCE
~~,4Qxs~ Bgt,a~Troua 102,11
SUBJECT: EffECTWI; PATE:
UNxPOlU7S sgtV~.et2t1',''°
il0131140'
rlruE UMIPOl~S':f'ON & PLOWS OTHB 11" AEFUCES. D
erereegg;~ISl.1'tklt f+__ rdFfritAgPOUCT STATBMM: If
The City may furnish uniforms tot apecifled positions, '
"I
Potioa Department a'I Fire Departaent uniformed employees will be go,terned by
the written uniform iolioy established by their department and approved by the
City Manager.
ADMINISTRATOR PRO08DURBSt
I. Positions requiring uniforms will be determined by the Department
Direotor. This determination will be based upon security
oonaiderationp and the need for employee: identlfieetion,.
I1', The City of Denton will determine the color, type, style and
identi£ioaticdn for employee uniforms.
III. The City will initially furnish the following: uniform items aonsieting=
of no more thews
A, 5 shirts or blouses (long sleeve or short sleeve)
D: 2 baeebull type hats,
0. 1 jaoket
0. All required insignia (patches, names plates, badges, etc.)
IV. Uniforms will be requisitioned for n,ew employees at the time of their
employment. Uniforms may be purchased by the departmont or provided
under a lease arrangement, as determined by the Department Direotor.
V. Replaoemont
The City will be the sols judge as to whether a uniform is serviceable;
and will replace uniforma when, in the City's judgment, they are no
longer acceptable for use on the job, This responsibility shall be
dt delegated to the employeele supervisor.
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POLICY/AbltiNiSTRATIVS PROCtDUR=/ADlI~it9TRATi bIR=CTIVt~C9ntiaued)
TITL31 UNIFORMS FOR WVLOY99S OTHffR THAN iRltFtRNNOs
POLICE OFFICRRS ND r1 FIOHTgRS I R1 102.11
A. t4.i ~seitioa g;~ Una¢ryioeabii bniforliae'
10 . [A"04 Uniform
Wh,an.loas d. uniform, items; are deewd°~~#erliloeablb, the+
esoloy" shall return-them to his or~1jr-supervisor,:who,will,
arrange for :return and iep24eement'df,'thb old uniform !tomb,
2.-MY-Mod , Unifotrote
whon City-owned uniform items , other; than,Jeokets;&rd items not
Bated above in Section III,, are deemed, un#ervioeah'e, they,,;
will beenme:,the property.of the-emplortOorVho:mayr.uae.them in,
any ,uay.desired~ providsd howeVar, that:4h#411ployea!'muet~
remove any smblema,•patohes, or other inaijnia Ws ring to,the,
City of Denton or its divisions, and return them to hid'or her
supervisor,
Jackets and items not li3thd above in 066tton III, will:rOoin,
the property of the City of Denton and shall be returned tothei
employee's supervisor for exohange,.if deemedunservioe6hleo
S, ~V'~:.4f NAr~~a
Supervisors shall verify that all markinge, referring t61he City„
have been ft66ved from returned unurryioesble unitorm#,;'aefere
laauing replaotment uniforms. Ali patches, eagbJvale, ,af,d;;ofhgr.,
ineignla r6f6rring to the City of Denton must be.'retur'ned'to:the
supervisor for disposition,
YI, special Unifamb
Where a proper fit cannot be obtained with the standard uniform type
being furnished by the City, the Director may authorize the purchase on
leave of special uniforms.
® A. The color, material and general appearands will closely approximate
the standard uniform furnished to other City employees f.n that
specific department,
S. In the case of female employees, blouses may be substituted for
shirts if the same basic colors and types of materiels are used.
VII. Disposition of, Uniforms Upon Departure of,Rmployep + .
A
A. Olty-Owned uniforms
tf an employee leaves the employment during any six (6) month
period after receiving a new uniform, the employee will either (1)
return the unitorma, or (2)'pUrdhaae:the-uaiformiiter by'paying,W%j
.
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LI~L I8T TIYi PNOCB~UAg/AD!lTNt5TRATIVi Drq?OTIVi (Coetin
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TI1'U UNIPORMO FOR BMPGOXBES OTHgh THAN IRRY6ASNCg
~QLICi OPPICBAS AND PIn FIOkTNRB fNUMBBRs 102,11
,W its replooeaknt cost, All patohesi emblemo and`-e'thee Insignia
fefearing to'the City thAll be removed fromLA yr uniform itam
purchased by the departing employee,,,. Vniform ito" older than Aix,
(6) months will automatically become the property of the departing
em',loyve,:provided that the erpioyee ehail,show hit or her
supervisor that all emblene !
to the City -have been removed pandhreturnedttorhis or her referring ` I
supervisor. Jackets and dther itomo not listed above in Section; f
IIt, will retain the property of the City and may not be purohaeed_.
or retained by the departing employee,
h2s Un q
If an employee leaves the employment of the City, he shall pay for,
all leadeduniforms or return them to his or her aupavvieor fo,r
delivery to the leasing organization. All patches, emblems and
other insignia referring to the City Mall. be removed from any .
uniform item'pitrdhased by~the departing employee,
VIII. Any employee requesting replacement or additional uniform items =at do
so throughhia,or her supervisor. No employee may'receive ,more than 5
additional or replacement shirts or blouses in'any'12 month peried•
without written-Approval of tWDepartment.-Direotor,
A. Jackets will be replaced as deemed neoedaary by the City and shall-
remain, the property of the City,
B.- Hate will be etodked as warehouse material and subject to the+
control and regulations provided (unless provided under *.lease
agreement).
rX. Alterations
A at14i-QMne4
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grcployees who aro furnished City-owned uniforms may not alter them
except as required to assure proper fit,
® a. lM"oJu Lt9m I
imployeea who are furnished leased uniforms may not alter themr
Instead, they shall return them to the leasing company for,,
hlterations or replacement;
X. cleaning
The employee will be responsible for all cleaning and care for hie
her uniforms, unless this service to provided under a lease agreement,
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An°empidyee shall not wear old, worntrdamated or otherwise impropera
uniformsi
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a I 1~ PROatDtJR IONNISTSATIVI DIRtCTIy (Continued)
TITLE: VNIPOVM MR IRPLOYR69 OTHRR THAN 1"Mt R: 102,21
POLICE OW URS AND FIRE PIONTERS NDNSER
The'MYpioyde+e t ii~wed.late :eupYiwisdr'.xili: ditRklRitN►: whatMr ia~
ep~toy,N's'~fptRok~:(il;ol*en #gd:s~r1!idea4lf attahll'4atiptitt~',oR, the
wokK`dalC, 'ftllft;
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XI. Employees will no4 wear the uniforms for other then City work.
However, uniforms may be worn to and from work and while performing
speo fio assigned or approved,funotions.
XIi,., An Wlojet. ±yr.wear. eaoesoories,.with.the,City
uniforei"if thgrtEtd-
and .4Pprvr l °tbi DeparbaN~gt'DirodtorPins,T,~ buttone0- Detches or:s
oth4op.44rkingi~dondting meroterehip of affiliation with s yrofvSIien1a
olr~{~p~ sat idMi i;loyw~ acsseolkt idM~~*'6`r bthaP `iiot X' ~Fellted;ibD ~f t
be.wokn on•unifQrm{„op whiff,e,~oa'dut'y~sraNb~'F~~'Enyd4 ehallr;r~yr.",►ny j'
boilt'ioki btitt6is while'id-uniform orlon duty.
XIII, Employees who are furnished uniforms must wear the regulation uniform
and hat while performing work for the City except when special
otroumetances orpwork don41tidne exist, and the approval of the
supervisor has been obtained.
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10/10/40
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CITY Of DENTON
,POLIOT/ADMINISTRATMI PA0CiDO11♦/AD11i11fATR~TFthl01210T t
ttCTiON; MIFIMlNC!
PIRSOnn/vIPLOTII RELATIONS NUAMIRI
.102.11
tUlJlCT: IfiFtCTIV! We;
"tro"M O'J/06/A6
rjru; D'N ASPLACM
I POltMt
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POLIOT ATATgIIIfTI
The City [say furnish uniforms for speolfied positions.
Polio* Department a policy Department uniformed ell"loyees will be governed by the wri City Naaager. by il department and approved by the
AMINIBTRATM PROCYDURESI
1. positions requirlag uniforms will be detOnO.ned by the Department
Director, This determination will be based upon seourity and the need
for ldeatifleation of the employs*.
II. The City of Denton will determine the dolor, type, style and
identifloatioa fir employee uniforms.
111. The City will Initially furnish fivo sets of required uniforsr
oonsitting of no more theas
A. S Fhirts/blouse (long sleove or short sleeve)
A. 2 hats-basball type
0. 1 Ja4ket
D. All required .lnsignis (patohes, names plate[, badges, *to.)
IV. Uniform[ will be requitittoaed for now erploy"s at the time of
employwat. Uniform[ my be either purchased by the department or
under a lease arrangement. Suoh purahases or leue options will be
determined by the department director,
V. Replaoement - The City will be the tole ,}udge AS to whether a uniform
is ntrvkosable= mad Vill•replaoe unlromm rhea, in the City's judgment,
they are no longer aooeptable for use on the job. This respo;:tibility
shall! be delegated to the employee's supervisor.
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TITUI UNIMORMS NUKURI 102.11
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A. When uniforms are deemed no longer seeviceablo tot use on the job,
they rill become the property of the empleyN, who may use then in
any way desired, provided however, any emblemms, patches, eto.,
referring to the City of Denton or a division of the City are
removed from the uniform and turned into their supervisor.
Specific item such as jaoksts are exempted and will remain the
property of the City of Denton.
s, fmployooe shall show their supervisor the shirts that are qo longer
considered serviceable with the markings referring to the City
removed at the time the replacement uniforms are received. All
patches, emblem and other items referring to the City of Denton
must be turned in to their supervisor.
VI. Where a proper fit cannot be obtained vith the standard uniform type
being furnished by the City, the Director may authorize the purchase of
special uniforms.
A. The color, material and general appearance vill closely approximate
the standard uniform furnished to other City employees in that
specific department.
8. In the case of female employees, blouses may be substituted for the
standard uniform type it the saw basic colors and types of
materials are used.
V11, tt an employee leaves the omployment during any six (6) month period
after receiving a new uniform, the "ploy** will either (1) return the
uniforms, or (2) pay 80% of the coot of uniforms and remove all
emblesu, patches, etc., and be allowed to keep the uniforms, exoept for
opsoiflo exempted its**, for his/her personal use, Uniforms older than
Nix (6) monthe will wtosMtimally beCOw the property of the employee
who leaves the employment of the City, provided that the employee shows
his/her supervisor that all embloms, patches, etc., referriiu to the
City have been rew,ved cad turned in to their supervisor.
m r. Srployees requesting replaoement or additional uniforms must do eo
0 through their supervisor. UplCOement or additional uniforms will not
exoeod 3 sets in a 12 month period without vritten approval of the
Departoent Otrootor.
s .
A. Jackets vill be replaced as dNased oeoeseary by the City and shall
main the property of the City.
B I. l to will be stocked to warehouse material cad subject to the O
oootrol and regulations provided (unless provided uader a lease
agreemeat,
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' Poc~q'~1A~cNlsre,lrrn w~ocenveiyACKtnYarieQ;
~ure~uatce
:ITlat: tINIlOi1M9 ~wo~ 102.11
1
NOW Police Department and Fire Department ubitorms will be •tooked
and eoatrolled in that department.
IX. Alteratiop - The employees wba are;furniehod uniforms will. not alter
them except when they regain alteration to Nturo proper fitting,
X. Oleaaiag - the 4101oyN will be responsible for all oleaning and oaring
for their uaiformr, unless this sorvioe is provided und►r a lease
agreement. Old, _worn, damaged or otherwise improper uniform ate not
permitted.
the Ismodtate supervisor will be the Judge, a to whether an eelpioyeWs
uniform is Olean and serviceable at the begiaainr of the work day or
shift.
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XI. bployees will not wear the uniform for other than City work.
However, uatforw may ba worn to and from work and while performing
epeoifio "signed or approved tuaotions;
M. Aooessorist authorized' and approved by the Department Director may, be
worn with the City uniform at the option of the employee.- PEae, -
buttons, patohes or other ■arkiate denoting w0orship or affiliation
with a protaaional organization, anployoe usooiation,-or other work
related group may not be worn on uniforms or while on duty. Political
buttons shall not be worm while in uniform or on duty.
MI. arployas who are furnishod uniforms must wear the regulation uniforw
and hat while performing work for the City `except when special`
oiroumstapoes and/or work oonditions exist and the approval of the
supervisor has been obtained.
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CIrYOf mvroN, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817) 566.8200
MEMORANDUM
DATEI January 8 1940
TO Distribution Lists I, it and III
FROM! Thomas 4, 911nok, Director
Personnel/Employeo Relations
SUDJL''CTI RPSIDENCY AND RESPONSE TIME 98OUIREMENTS Foot CITY EMPLOYEES
An _^ou know, State tau prohibits cities from roquiring employees to live within
Elio cnepcrate city limits as a condition of employment, However, the law does "
prnvide that reftaonable s'andnirds may be set for employees in positions who
lieu outaiee the city lW to and must respond to a nivll emergency, Further,
empL^yocs wrio were wor'iing for the City on Auguot 31o 1987, (effective date of
the law) may not hiv-) atandardn imposed upon them retroactively.
In art effort to update our current policy (102403) and ensure the policy motto
your specific needs, I am requesting your assistance, Please complete the
bottom portion of thl,afinemorandums indicating any poll onr that you have which
requlre response time and what you currently require as a reasonable reapnnse
to a civil emergency, Please return this page, to my attention in the
Personnel/Employee Relations Department by January 15, 19904
Thank, you for your help in this matter,
~:4
Thomas w. not
2182k
-visory
of Super
Department/Division
Please list each position with a responaa time requirement and V%that the
O requirement isr «
Position Required
Response fine
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