FOR SETTLEMENT PURPOSES ONLY
SPECIFIC EXPLANATION:
The Interim Chief of the Fire Department and the Director of Human Resources recommend City Council adopt an Ordinance authorizing amendment of the Fire Classified Personnel Ordinance to add one (1) Senior Communications Captain position to accommodate a court approved settlement in the case styled O’Neal and Dugar v. City of Houston, C.A. No. 4:14-cv-00236, in the United States District Court for the Southern District of Texas.
The plaintiffs, Isaac O’Neal and James Dugar, filed suit against the City of Houston alleging discrimination and disparate treatment resulting from the promotional process with the Houston Fire Department’s 2008 Communications Captain exam. On August 25, 2015, the federal district court entered its order on motion for partial dismissal and approval of the settlement agreement, subject to Council approval, promoting Mr. O’Neal to Senior Communications Captain contingent upon his passing the October 2015 Senior Communications Captain promotional examination. The City shall carry this additional position until such time as Mr. O’Neal leaves his remedial promotion rank, at which time the position will be eliminated. The effective date of the vacancy created by Mr. O’Neal’s promotion will be the date Council approves the ordinance. Mr. Dugar’s claim was previously resolved. Incremental costs are included in the current FY16 budget.
Amendment of Fire Classified Personnel Ordinance
Amendments to the current Fire Department Classified Personnel Ordinance 2015-0753 are as follows:
A. Increase the number of positions for Senior Communications Captain
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Classification
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Current # of Positions
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Change
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Proposed # of Positions
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FY16 Incremental Cost
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Senior Communications Captain
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18
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1
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19
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$5,883.85
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