Personnel Rules and Regulations for Commissioned Police Officers

The Personnel Rules and Regulations for Commissioned Police Officers (referred to as the “PDPRRs” hereafter) of the City of Fort Worth ( “City”) are authorized under the City of Fort Worth Municipal Code, Chapter 2, Article V, entitled Human Resources. They are based upon the merit principles outlined in the article. These rules and regulations (also referred to as “PDPRRs,” “policy” or “policies” going forward in this document) do not confer legal rights to employees. They are established in good faith and are intended to comply with applicable federal, state and local statutes and be read in conjunction with any then applicable Meet and Confer Labor Agreement, the Fort Worth Civil Service Commission Rules, and the Police Department’s General Orders.

These PDPRRs do not apply to general employees including police trainees. These PDPRRs additionally do not apply to Police Officers until they complete their initial probationary period. Many of the Rules and Regulations that apply to General Employees may not be relevant or fully applicable to Police Officers based on State and Federal laws and regulations and labor agreements that apply only to Police Officers. Therefore these PDPRRs have been written to mirror the General Employee PRRs as much as possible, but to address those situations where deviations are necessary.

The City’s personnel policies DO NOT CONSTITUTE A CONTRACT. Any compensation and/or benefit policies explained in these regulations are subject to review at least annually by City Council and are subject to change at any time. If any labor agreement expires or is terminated, City Council reserves the right to implement any compensation and/or benefits that it considers appropriate at that time.

Download the Full Police PRR Document(PDF, 1MB)

 

Chapter 143 of the Texas Local Government Code

As allowed for in Texas Local Government Code (TLGC) Chapter 143, Subchapter A, the voters of the City of Fort Worth elected to be governed by the provisions of that chapter in terms of many of the conditions of employment of its sworn police and fire personnel. On issues where a then-applicable labor agreement or the Fort Worth Civil Service Commission Rules do not apply, Chapter 143 may provide guidance. Otherwise, these PDPRRs and the Police Department’s General Orders should be relied upon.

Chapters 141 and 142 of the Texas Local Government Code

These statutes contain some rules about work hours and compensation for Police Officers in Texas. On issues in which a then-applicable labor agreement or Chapter 143 does not apply, these statutes may provide guidance. Texas Commission on Law Enforcement (TCOLE), Chapter 1701 of the Texas Occupations Code. TCOLE statutes, rules and regulations contain information that apply to Police Officers regarding licensing, qualifications, and documentation of termination of employment. Police Department General Orders (G.O.’s). The G.O.’s contain detailed information, work rules, procedures, and directives about employment in the Police Department. The PDPRR’s are intended to be read in conjunction with the G.O.’s.

Meet and Confer Labor Agreement

A contract entered into under the TLGC, Chapter 143, Subchapter I, Fire Fighter and Police Officer Employment Matters in Certain Municipalities preempts any contrary personnel rule or regulation herein, unless otherwise provided for in such contract. Because these labor agreements are typically negotiated on a four-year cycle and can change with time, any reference made to such a contract in these PDPRRs will refer to it as the “then-applicable labor agreement.” The current Meet and Confer Labor Agreement expires on September 30, 2020 and includes a one year evergreen period until September 30, 2021. 


Fort Worth Fire Fighters’ and Police Officers’ Civil Service Commission

Further under TLGC Chapter 143, the City of Fort Worth maintains a Civil Service Commission. In accordance with section 143.008, the Commission promulgates its own rules which can be found on the City’s Human Resources website. These rules are controlling regarding many aspects of hiring, promotion, and discipline when not in conflict with any then-applicable labor agreement. Any reference made to the Fort Worth Fire Fighters’ and Police Officers’ Civil Service Commission Rules in these PDPRRs will refer to them as the “FW Civil Service Commission Rules.”

Management Rights

Except as provided for by State or Federal law or as expressly modified, delegated, or abridged by the provisions of any applicable Labor Agreement or City of Fort Worth Fire Fighters’ and Police Officers’ Civil Service Commission Rules, Department management with input from the City Council and the City Manager’s Office, shall retain the sole, exclusive, and vested right and prerogative to manage the Department and its workforce and assets in all respects, including, but not limited to: the right to hire, train, promote, demote, discipline, suspend, discharge, assign, transfer, retain, or lay off employees; the right to establish, eliminate, or modify the qualifications and minimum requirements for hiring, training, promotions, transfers, and job assignments; the right to establish, eliminate, classify, reclassify, or modify the number and types of positions and job classifications; the right to assign and direct the work of Officers, including the scheduling and assignment of duties, responsibilities, and hours of work; the right to establish, eliminate, or modify the methods, processes, means, and personnel by which operations are to be carried out; the right to establish, eliminate, modify, review, and enforce rules and standards governing job performance, personal conduct and appearance, uniforms and equipment, safety, training, education, attendance, discipline, and efficiency; the right to establish, abolish, or modify processes and procedures for investigating and reviewing Officer conduct and complaints relating to that conduct; and the right to determine the wages, hours of work, benefits, and working conditions of the Officers in the Department.

The exclusive rights and prerogatives of management not expressly mentioned or described in this statement of management rights or Personnel Rules and Regulations for Commissioned Police Officers are nevertheless retained by the City and are not to be interpreted as having been diminished, waived, or ceded in any respect. If the then-applicable labor agreement or these Personnel Rules and Regulations for Commissioned Police Officers do not, by their terms, expressly and specifically restrict, modify, or abridge a particular right or prerogative of management, then the City retains such right or prerogative of management, solely and exclusively subject to Federal, State or Local law. Moreover, the City’s retained rights and prerogatives of management shall not be restricted, diminished, waived, or ceded by any purported past practice, purported condonation or ratification of prior acts of employees, or by prior arbitration decisions or civil service hearing decisions, unless otherwise provided for in any then-applicable labor agreement. 


Amendments

The City Manager, or his or her designee, with advice and assistance from the Human Resources Department, develops, adopts, and promulgates Personnel Rules and Regulations for all City employees who are, directly or indirectly, under the City Manager’s supervision and control. From time to time amendments to the Personnel Rules and Regulations for Commissioned Police Officers are made in the interest of maintaining good and efficient business practices and to comply with changes in federal, state or local statues. Amendments are made according to the procedures in Chapter 2, Article V, Section 9 of the municipal code and as allowed by and under the conditions set forth in any then-applicable labor agreement and the FW Civil Service Commission Rules.

Department Rules and Regulations

The Police Department, with approval of the Police Chief, may establish additional rules and regulations for the Police Department that are not specifically addressed in these PDPRRs. The Police Chief may generally approve departmental policies (General Orders) that are more restrictive or controlling than policies in these PDPRRs so long as they do not conflict with federal, state or local law, or any then-applicable labor agreement. The Human Resources Department Director may require a department policy to be changed or retracted if considered to inappropriately conflict with these PDPRRs.

Waivers

Application of a specific provision of the PDPRRs may only be waived by the Human Resources Department Director, or his or her authorized designee. To obtain a waiver, a written request must be sent from the Police Chief to the Human Resources Director. The request should identify the applicable rule or regulation to be waived and the justification for the waiver. The Human Resources Director or designee reviews each waiver request on a case-by-case basis and approves or denies the request.

Clarifications

In situations not covered specifically by the PDPRRs, employees of the Human Resources Department authorized by the Human Resources Director may provide an interpretation or clarification based on the perceived intent of the Rules and Regulations. Individuals with questions or requests for clarifications must verify that the contacted employee is authorized to provide an official response. The Human Resources Department also publishes HR Advisories on various topics. These HR Advisories are intended to assist with the clarification or interpretation of Personnel Rules & Regulations, provide guidelines on procedures, provide additional detail or information on a Rule, describe best practices or serve as a teaching resource. 

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