Ordinance No. 8,354980723 -10
ORDINANCE NO. 8354
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, INCREASING THE NUMBER OF
POSITIONS IN THE CLASSIFICATION "SERVICE GROUP — POLICE "; AMENDING
® ORDINANCE NO. 5941 BY CLARIFYING THAT THE CHIEF OF THE CITY OF BAYTOWN
POLICE DEPARTMENT IS AUTHORIZED TO MAKE APPOINTMENTS TO THREE
POSITIONS IN THE CLASSIFICATION OF CAPTAIN AS PREVIOUSLY ESTABLISHED;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, previously, the Chief of the City of Baytown Police Department has recommended to the City
Council that certain positions in the Police Department be reclassified and renamed; and
WHEREAS, the last such recommendations were approved by the City Council on the 10 "' day of July,
1997, via Ordinance No. 8019, wherein the number of persons in each classification of the Police Department was
established as follows:
Chiefof Police ...................................... - -- .................. ..............................1
AssistantChief / Captain ............................................... ..............................5
(Subject to provisions enacted by Ordinance No. 5941, adopted August 1, 1991)
Lieutenant.................................................................. ............................... 5
Sergeant...................................................................... .............................12
PatrolOfficer ............................... ............................... ...........................101; and
WHEREAS, the City Council desires to increase the number of positions in the classification of Patrol
Officer by ten; and
WHEREAS, in Ordinance No. 5941, the City Council approved five Captain positions -- the two positions
existing prior to the passage of the Ordinance were designated to be filled through testing as provided in Chapter
143 of the Texas Local Government Code; and
WHEREAS, upon approval of the City Council, Section 143.014 of the Texas Local Government Code
permits the Chief of the City of Baytown Police Department to appoint three persons (the total number of persons,
plus one, serving in the classification now known as Captain, on January 1, 1983), to the rank and classification
previously authorized and established as Captain, since at least four classifications have been established below the
classification of the Chief of the City of Baytown Police Department, the department head of such department; and
WHEREAS, to assist the orderly, efficient operation of the Police Department, the Chief of the City of
Baytown Police Department has recommended to and requested the approval of the City Council that three of the
positions in the classification -of Captain be filled through an appointment by the Chief, NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Section 1 of Ordinance 6841, passed the 28`h day of October, 1993, and Section 4 of
Ordinance No 8019, passed the 10`h day of July, 1997, relating to the number of positions in the Classification
"Service Group - Police," are hereby amended to read as follows:
follows:
That the number of positions in each classification in the police department shall be as
Chiefof Police ............................................................ ....................... •- .....1
Assistant Chief/ Captain ............................................... ..............................5
(Subject to provisions enacted by Ordinance No. 5941, adopted August I, 1991)
Lieutenant.................................................................. ............................... 5
Sergeant...................................................................... .............................12
PatrolOfficer .............................. ............................... ............................111
98UIZJ -lUa
Section 2: That Ordinance No. 5941 of the'City of Baytown, Texas, is hereby amended to clarify that
from and after the passage of Ordinance No. 5941, the City Council approves of and authorizes the Chief of the
®City of Baytown Police Department to make appointments to three positions in the classification of Captain as
previously established. Specifically, this clarification amendment has the following effect:
any vacancy in either of the two positions in the classification immediately below the chief, which
existed before the passage of Ordinance No. 5941, shall be filled by testing as provided in Chapter 143
of the Texas Local Government Code and the Firefighters' and Police Officers' Civil Services Rules
and Regulations; and
• any vacancy in any of the three positions in the classification of Captain, which positions were created
through the passage of Ordinance No. 5941, shall be filled by appointment of the Chief of the City of
Baytown Police Department.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of
this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held
unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this
ordinance or their application to other persons or sets of circumstances and to this end all provisions of this
ordinance are declared to be severable.
Section 5: This ordinance shall take effect immediately from and after its passage by the City Council
of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown,
this the 23`d day of July, 1998.
ATTEST:
EiLEEN P. HALF,, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, Sq., jyAttorney
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PETE C. ALFARO, Mayor