HomeMy WebLinkAbout032519 ORD - 08/17/2021Ordinance amending Corpus Christi Code Chapter 2, Article III to update City
Departments and functions; and amending Corpus Christi Code Chapter 39 to
clarify payment of sick and vacation leave upon termination, retirement, or death.
Whereas, under City Charter, Article IV, Section 1, the City Council establishes city
departments, offices, or agencies in addition to those created by City Charter;
Whereas, the proposed amendments to Corpus Christi Code Chapter 2, Article 111
updates City Departments and functions;
Whereas, effective July 19, 1988, Ordinance # 020392 reduced payment of sick leave
upon certain terminations for Plan 1 Employees (employees hired after August 1, 1988) from 90
days to a two for one basis for the equivalent up to 45 days;
Whereas, effective July 29, 2002, Ordinance # 024968, in relation to sick leave
payment, converted 90 days and 45 days to hours;
Whereas, effective July 22, 2008, Ordinance #027778 made part-time employees
eligible for payment of sick leave upon certain terminations;
Whereas, effective February 1, 2010, Ordinance #028468 removed sick leave benefits
from part-time employees;
Whereas, multiple ordinance amendments have made Corpus Christi Code Section 39-
339 challenging to read;
Whereas, this ordinance clarifies payment of sick leave upon certain terminations for
Plan 1 consistent with Ordinance #020392, Ordinance #027778, current and past practices and
interpretations;
Whereas, the following language in Sec. 39-339 & 39-355, "(2) disability or service
retirement; (3) at age 60 upon completion of a minimum of five years of continuous service" is
redundant and falls under eligibility for retirement under requirements of the Texas Municipal
Retirement System (TMRS) Act;
Whereas, Texas probate law addresses payment of salary to a deceased employee;
Whereas, City Council finds and declares no part of Chapter 39 of the Corpus Christi
Code creates a contractual obligation, and City employees are employed at will.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
THAT:
SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby
adopted by the City Council and made a part hereof for all purposes as findings of fact.
SECTION 2. Corpus Christi Code Chapter 2, Article III, Section 50 - Organization and structure
is repealed.
SECTION 3. Corpus Christi Code Chapter 2, Article III, Section 51 - Administrative functions is
repealed and replaced as follows:
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SCANNED
Sec. 2-51. — Departments and Offices.
(a) City Council establishes the following departments and offices:
(1) Airport Department.
A department that provides for the operation of the facilities for commercial and
general aviation; and the development and operation of the international airport
and its environs.
(2) Asset Management Department.
A department that provides for maintenance of all City buildings, City vehicles
equipment, and radios; and operation of the service center.
(3) City Auditor.
Under the direction and supervision of the City Auditor, a department that
provides assurance to the City Council that management has established an
effective system of internal control.
(4) Mayor's Office and City Council Offices.
An office that provides services to the Mayor, citizens, City staff, and visitors.
(5) City Manager.
An office that provides leadership of city administration; advises the City
Council on policy matters; manages city operations; and promotes relationships
with the community.
(6) City Secretary.
Under the direction and supervision of the City Secretary, a department that
provides staff support to the City Council; preserves and provides public
access to the City's official records; acts as Parliamentarian for all meetings of
the City Council and their corporations; coordinates municipal elections;
facilitates the legislative process; and coordinates Council appointments to
boards and commissions.
(7)
Communications and Intergovernmental Relations Department.
A department that informs the public and employees about City programs,
policies, events, and incidents; and provides advocacy, outreach, and proactive
participation in the political process.
(8) Corpus Christi — Nueces County Public Health District.
A public health district that provides for the operation and promotion of local
public health programs within the framework of the cooperative agreement
between the City and Nueces County.
Development Services Department.
A department that provides for the facilitation of development within the City
including administration of the building, development, and zoning codes.
(9)
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(10) Engineering Services Department.
A department that provides for the management and implementation of the
City's capital improvement program.
(11) Finance and Business Analysis Department.
A department that provides for accounting, treasury, purchasing, taxation, and
collection of various city revenues; and facilitation of economic development.
(12) Fire Department.
A department that provides for the prevention and extinguishment of fires;
coordination with rural fire prevention districts; and the provision of emergency
medical services.
(13) Gas Department.
A department that provides for the development, maintenance, and operation
of a gas utility system.
(14) Human Resources Department.
A department that provides personnel support services to all operating
departments; administration of salaries, group insurance, and retirement
programs; and administration of employment and training services.
(15) Information Technology Department.
A department that provides for assisting City Departments in meeting their
computer and technology requirements.
(16) Legal Department.
A department that provides legal advice and counsel to the city council, city
manager, and the various entities included with the city administration;
approving the form of all ordinances, contracts, and other documents; and
providing legal representation for the City in the courts.
(17) Library Department.
A department that provides for the operation of the main public library and the
various branch libraries.
(18) Municipal Court Administration Department.
A department that provides administrative and safety services in support of the
municipal court judicial department and police department.
(19) Municipal Court Judicial.
Under the direction and supervision of the Presiding Municipal Court Judge, a
department that presides over criminal and civil matters within the Municipal
Court jurisdiction and other magistrate duties as authorized by law.
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(20) Neighborhood Service Department.
A department that provides for code compliance; animal care services; and
provides information, connections to assistance, administration of funding, and
monitoring of grant programs.
(21) Office of Management and Budget.
An office that provides assistance to City departments in the creation and
compliance of adopted budgets.
(22) Parks and Recreation Department.
A department that provides for the development and operation of parks, golf
courses, recreation centers, and the city marina.
(23) Planning Department.
A department that provides for development of the City's Comprehensive Plan.
(24) Police Department.
A department that provides for the prevention and investigation of crime, the
apprehension of suspected criminals, and the enforcement of traffic laws.
(25) Public Works Department.
A department that provides for the planning, development, and maintenance of
all City street and stormwater systems.
(26) Solid Waste Services Department.
A department that provides for municipal solid waste collection and disposal
activities.
(27) Strategic Planning & Innovation Office.
An office that provides assistance to departments in achieving continuous
improvement and efficient operations.
(28) Water & Wastewater System Department.
A department that provides for the development, maintenance and operation of
the City's water supply and distribution system; and the development,
maintenance, and operation of the City's wastewater utility system.
(b) Unless otherwise provided in the city charter or this article, all departments, divisions,
and offices are under the direction and supervision of the City Manager. The control,
supervision, and lines of authority for the departments, divisions, and offices established
in this article shall be structured according to the organizational chart approved by the
city council with the annual budget of the city as the same may be amended from time to
time during the fiscal year. Subject to the control and supervision of the city manager in
all matters, the chief of staff, chief financial officer, chief operating officers, assistant city
managers, and respective department and division heads shall manage the areas of
responsibility assigned to them in accordance with the approved organizational chart.
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SECTION 4. Corpus Christi Code, Chapter 2, Section 52 Rule-making is amended as follows:
Sec. 2-52 Rulemaking
The chief of staff, chief financial officer, chief operating officers, assistant city managers,
and all department and division heads shall have the authority to promulgate rules and
regulations necessary or advisable for the enforcement of the policies determined by the
city council and this Code of Ordinances, subject to the approval of the city manager.
Every rule or regulation issued shall be described in writing and filed with the city
secretary as a public record, and all persons shall be charged with notice of the contents
of same.
SECTION 5. Corpus Christi Code, Chapter 2, Section 53 Titles and authority, is amended as
follows:
Sec. 2-53 Titles and authority
Any titles such as "superintendent," "director", or "head" as used in this Code of
Ordinances in reference to any department, division, office, or activity shall be construed
to mean the city manager or the person designated by the city manager to be
responsible for that department, division or activity, and all powers and authority granted
in this Code of Ordinances to such persons shall be exercised by the city manager or his
designate.
SECTION 6. Corpus Christi Code, Chapter 2, Section 54 Departments and divisions, is
amended as follows:
Sec. 2-54 DepartmentsLan4-divisions, and offices.
Use of the terms "department", and "division", and "office" throughout this Code of
Ordinances shall not be construed as a distinction of significance, and the titles for
"department", and "division", and "office" created in this article may be modified from
time to time in accordance with the administrative structure established by the
organizational chart as adopted by the city council.
SECTION 7. Corpus Christi Code, Chapter 39, Section 331 Plan 1 payment of accrued vacation
leave upon termination, retirement, or death is amended as follows:
Sec. 39-331. - Plan I payment of accrued vacation leave upon termination, retirement, or
death.
(a)No more than two hundred forty (240) hours or if base hours are leers than
forty (,10) hours per week, on a prorated basis, of accumulated vacation credit will
be paid to a Plan 1 employee, except for airport public safety officers who work
shifts of X24) hours on and forty eight (i18) hours off, or -his/her
beneficiary upon termination, retirement, or death. No vacation credit shall be
paid at termination unless the employee has been employed for period of time in
excess of twelve (12) months.
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(b)No more than three hundred sixty (360) hours or if base hours are Ie's than
forty (40) hours per week, on a prorated basis, of accumulated vacation credit will
be paid to an airport public safety officer, who works shifts of twenty four (24)
hours on and forty eight (18) hours off, or his/her beneficiary upon termination,
retirement, or death. No vacation credit shall be paid at termination unless the
employee has been employed for a period in excess of twelve (12) months.
SECTION 8. Corpus Christi Code, Chapter 39, Section 339 Plan I payment of sick leave upon
termination, is amended as follows:
Sec. 39-339. - Plan I payment of sick leave upon termination retirement or death.
{a) A Plan I employee, with the exception of airport public safety officers who work
shifts of twenty four (2,1) hours on and forty eight (18) hours off, who terminates
hundred twenty (720) hours of accumulated sick leave credit, or if base hours arc
c ployce's last monthly salary or hourly rate: (1) when eligible for retirement
under requirements of the Texas Municipal Retirement System Act (TMRS); (2)
due to disability or service retirement; (3) at age sixty (60) upon completion of a
minimum of five (5) years of continuous service; or (4) upon death with payment
made to the employee's designated beneficiary.
(a) A Plan I employee may cash in up to 720 hours accrued sick leave at the rate of
50 percent of the employee's last monthly salary or hourly rate upon termination
due to retirement under requirements of the Texas Municipal Retirement System
(TMRS) Act or due to death. Payment of sick leave due to death will be paid in
accordance with the Texas Estates Code.
(ham Plan 1 airport public safety officers, who work shifts of twenty four (24) hours on
and forty eight (118) hours off, who terminate due to any of the following
five hundred forty (5,10) hours of pay at the rate of the employee's last monthly
salary or hourly rate: (1) when eligible -
Texas Municipal Retirement System Act (TMRS); (2) due to disability or service
retirement; (3) at age sixty (60) upon completion of a minimum of five (5) years of
continuous service; or (4) upon death with payment made to the employee's
designated beneficiary.
(b) A Plan I airport public safety officer who works shifts of 24 hours on and 48 hours
off may cash in up to 1,080 hours accrued sick leave at the rate of 50 percent of
the employee's last monthly salary or hourly rate upon termination due to
retirement under requirements of the Texas Municipal Retirement System
{TMRS) Act or due to death. Payment of sick leave due to death will be paid in
accordance with the Texas Estates Code.
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SECTION 9. Corpus Christi Code, Chapter 39, Section 348 Plan II payment of vacation leave
upon termination is amended as follows:
Sec. 39-348. - Plan II payment of vacation leave upon terminationLretirement. or death.
Plan II employees - - - -
months, will receive up to two hundred forty (240) working hours of accrued vacation
paid to the employee upon termination, except that all accrued vacation shall be paid to
Plan II employees upon termination due to retirement under requirements of the Texas
Municipal Retirement System (TMRS) Act or due to death. Payment of vacation leave
due to death will be paid in accordance with the Texas Estates Code. or their
beneficiaries when any of the following provisions apply: (1) employec is eligible for
Social Security regulations; (3) employee is age sixty (60) upon completion of a
payment made to the employee's dcsignated beneficiary.
SECTION 10. Corpus Christi Code, Chapter 39, Section 355 Plan II payment of sick leave upon
termination is amended as follows:
Sec. 39-355. - Plan II payment of sick leave upon termination retirement or death.
requirements of the Texas Municipal Retirement System Act (TMRS); (2)
and/or Social Security regulations; (3) employee is age sixty (60), or older, upon
A Plan II employee may cash in up to 720 hours accrued sick leave at the rate of
the employee's last monthly salary or hourly rate upon termination due to
retirement under requirements of the Texas Municipal Retirement System
(TMRS) Act or due to death. Payment of sick leave due to death will be paid in
accordance with the Texas Estates Code.
SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance. For it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full
force and effect for its purpose.
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SECTION 12. This ordinance takes effect upon passage.
That the foregoing o dinance was read for the first time and passed to its second reading on this
the Ib 'day of S , 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
AL -A_
.76y
John Martinez Aci_e
Ben Molina
Mike Pusley f�
Greg Smith
That the foregoing ordinance was read for the second time and passed finally on this the
day of J T 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
PASSED AND APPROVED on this the N\ -/I‘• day of
ATTEST:
Rebecca Huerta
City Secretary
John Martinez
Ben Molina
Mike Pusley
Greg Smith
, 2021.
Paulette M. Guajardo
Mayor
O32 LI
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