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.