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HomeMy WebLinkAbout22-1712RESOLUTION NO. 22-1712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON EXTENDING THECIVIL SERVICE LINE OF DUTY INJURY LEAVE OF ABSENCE OF DENTON POLICE OFFICER URBANO RODRIGUEZ FOR SIX (6) MONTHS AT REDUCED PAY; ANDPROVIDING AN EFFECTIVE DATE. WHEREAS, on October 29, 2019, during the performance of his official duties, Denton Police Officer Urbano Rodriguez suffered catastrophic injuries; and WHEREAS, Texas Local Government Code Chapter 143.073 (The Fire Fighter and Police Officer Civil Service Act) provides for a line of duty injury leave of absence for up to one-year at full pay, commensurate with the nature of that injury, for a police officer injured in the line of duty; and WHEREAS, due to the injuries suffered on October 29, 2019, Officer Rodriguez was placed on a line of duty injury leave of absence at full pay and it was not expected that Officer Rodriguez would return to duty as of October 30, 2020; and WHEREAS the Civil Service Act authorizes a municipality’s governing body to extend a police officer’s line of duty injury leave of absence after the initial one-year period has expired, at full or reduced pay; and WHEREAS, on September 15, 2020, the City Council approved an extension of Officer Rodriguez’ line of duty injury leave at full pay for an additional year that ended on October 30,2021; and WHEREAS, it was not expected that Officer Rodriguez would return to duty as of October30, 2021; and WHEREAS, on October 19, 2021, the City Council approved an extension of Officer Rodriguez’ line of duty injury leave at full pay for an additional year that is scheduled to end on October 30, 2022; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFDENTON: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. Except as provided for in Section 4, the line of duty injury leave of absence of Denton Police Officer Urbano Rodriguez authorized by Texas Local Government Code Chapter 143.073 is hereby extended at reduced pay for six (6) months effective October 31, 2022 and continuing through April 30, 2023 . SECTION 3. The reduced pay authorized in Section 2 shall be in an amount that ensures that the weekly monetary benefits that Officer Rodriguez receives and is entitled to under State law, when combined with a biweekly check from the City pursuant to Chapter 143.073, equals what his biweekly City of Denton gross pay would be as of October 3 1, 2022 (currently $3394.63), adjusted as necessary to reflect any pay raise that he is entitled to pursuant to a Meet and Confer Agreement between the City of Denton and the Denton Police Officers Association in effect on October 3 1, 2022. SECTION 4. If between October 31, 2022 and April 30, 2023, Officer Rodriguez is released by his treating physician and returns to work for the City in any capacity, regardless of the number of hours he works or the duties he performs, the injury leave of absence and the associated reduced pay authorized by this Resolution shall end on the first day he assumes those duties and shall not be reinstated except upon further action by the City Council. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this Resolution was made by BRan beck and seconded by JeBe eMts , the Resolution was passed and approved bythe following vote [X - a : Aye y/ y/ y/ B/ V/ Nay Abstain Absent Gerard Hudspeth, Mayor Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee At Large Place 5 :r‘ VChris Watts, At Large Place 6: PASSED AND APPROVED this the \8th d,y,f fk%bef _, 2022. MAYORrlF ATTEST: DEPuT{aos#rFWOR CITY SECRETARY3Bv$SALAiA- ’L\\\1111111/ APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY By:,Z§£z-//f’'U