HomeMy WebLinkAboutResolution No. 3088 (Item 6.a.) RESOLUTION NO. 3088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING RESOLUTION NO. 3064 TO EXTEND THE CIVIL SERVICE LINE OF
DUTY INJURY LEAVE OF ABSENCE OF BAYTOWN FIREFIGHTER JUSTIN
KENNEDY FOR FORTY-FIVE (45) DAYS AFTER HIS LINE OF DUTY INJURY
LEAVE OF ABSENCE IS EXHAUSTED, AT FULL PAY, AS PROVIDED BY
CHAPTER 143 OF THE TEXAS LOCAL GOVERNMENT CODE; AND PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, on October 11, 2024, Baytown Firefighter Justin Kennedy was placed on line of duty
injury leave of absence at full pay for an injury incurred in the line of duty; 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 firefighter injured in the line of duty; and
WHEREAS, due to the injuries incurred on or about October 11, 2024, Firefighter Kennedy was
placed on a line of duty injury leave of absence at full pay and was not expected to return to duty after
exhausting his injury leave as provided by Chapter 143 of the Texas Local Government Code; and
WHEREAS, on January 22, 2026, City Council resolved to extend Firefighter Justin Kennedy's
line of duty injury leave of absence through April 11, 2026 by Resolution No. 3064; and
WHEREAS, at the time of the City Council's decision, the date upon which Firefighter Kennedy
would exhaust his line of duty injury leave was miscalculated; and
WHEREAS, City Council desires to amend Resolution No. 3064 by considering the correct date
upon which Firefighter Kennedy would exhaust his line of duty injury leave; and
WHEREAS the Civil Service Act authorizes a municipality's governing body to extend a
firefighter's line of duty injury leave of absence after the initial one-year period has expired, at full or
reduced pay; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1. The findings and recitations contained in the preamble of this Resolution are
incorporated herein by reference.
Section 2. the caption of Resolution No. 3064 is amended as follows:
EXTENDING THE CIVIL SERVICE LINE OF DUTY INJURY LEAVE OF ABSENCE
OF BAYTOWN FIREFIGHTER JUSTIN KENNEDY FOR FORTY-FIVE (45) DAYS
AT FULL PAY; AND PROVIDING AN EFFECTIVE DATE
Section 3. Section 2 of Resolution No. 3064 is amended as follows:
Except as provided for in Section 4, the line of duty injury leave of absence of Baytown
Firefighter Justin Kennedy authorized by Texas Local Government Code Chapter 143.073
is hereby extended at full pay for forty-five(45) days after his line of duty injury leave of
absence is exhausted as provided by Civil Service Chapter 143 of the Texas Local
Government Code
- Section 4. Section 4 of Resolution No. 3064 is amended as follows:
1 If Firefighter Kennedy is released by his treating physician and returns to work for the City
in any capacity during the forty-five-day extension, 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.
INTRODUCED, READ AND PASSED by the affirmative vote of the City Council of the City of
Baytown this the 9th day of April, 2026.
CHARLES JOHNSON, MAYOR
ATTEST: ANGELA JACKSON, City Clerk
APPROVED AS TO FORM: SCOTT LEMOND, City Attorney
R:\Ordinances and Resolutions\Resolution Drafts\City Council\2026-4-9\Resolution to Amend Resolution 3064 to Extend Leave of Absence for
FF Justin Kennedy to 45 days.vh-Lemond comments.docx