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<br /> BS <br /> RESOLUTION 1990- 1~4R <br /> <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br /> OF SAN MARCOS, TEXAS, SUPPORTING THE TEXAS <br /> MUNICIPAL LEAGUE'S PROPOSED AMENDMENTS TO <br /> TEXAS LOCAL GOVERNMENT CODE CHAPTER 143 <br /> (MUNICIPAL CIVIL SERVICE ACT) TO RESTORE <br /> PROPER AND EFFECTIVE MANAGEMENT TO POLICE AND <br /> FIRE DEPARTMENTS; ENCOURAGING THE VARIOUS <br /> LEGISLATORS REPRESENTING THE SAN MARCOS AREA <br /> TO ADOPT AND SUPPORT SUCH LEGISLATION; AND <br /> PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, TEX.L.GOV'T. CODE Chapter 143, hereinafter referred <br /> to as the Municipal civil Service Act, was originally enacted <br /> forty-three years ago to prevent mismanagement of police and fire <br /> departments, and was a needed and well-intentioned statute; and, <br /> WHEREAS, the numerous amendments to this law made by the Texas <br /> Legislature since 1947 have eroded the ability of local governments <br /> to effectively and responsibly manage their police and fire <br /> departments; and, <br /> WHEREAS, since 1947, politics have been reinstated into police <br /> and fire operations through the large campaign contributions of <br /> police and fire union organizations made to encourage various <br /> amendments limiting the management ability of local government; <br /> and, <br /> WHEREAS, the Municipal civil Service Act should be amended to <br /> provide for hiring and promotion using means other than strictly <br /> written exams, therefore allowing municipalities to incorpora'te <br /> affirmative action plans in their police and fire departments; and, <br /> WHEREAS, the Municipal Civil Service Act should be amended to <br /> provide that a municipality may remove itself from the requirements <br /> of the Act using the same method that is used to adopt the Act, <br /> therefore allowing cities to remove themselves from a provision <br /> which has changed dramatically since it was originally created by <br /> the Texas Legislature; and, <br /> WHEREAS, the experience of numerous cities across the State <br /> with the use of hearing examiners under the Municipal civil Service <br /> Act has proven the hearing examiner system a failure, in that <br /> police chiefs and fire chiefs have lost management authority over <br /> their own employees, with a resulting loss in the efficiency and <br /> effectiveness of public departments in those cities subject to the <br /> Municipal civil Service Act; and, <br /> WHEREAS, the proposed amendments will assist the City of San <br /> Marcos in maintaining efficient, effective, well-managed police and <br /> fire departments, resulting in better public safety for San Marcos <br /> citizens, which is the goal of both the City and the employees in <br /> the police and fire department; and, <br /> WHEREAS, a task force composed of elected and administrative <br /> off icials from cities across the State has determined that ten <br /> amendments to the Municipal civil Service Act should be adopted to <br /> address these needed changes, a copy of such amendments being <br /> attached hereto; now, therefore, <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> PART 1. That the City of San Marcos hereby requests and <br /> encourages the Texas Municipal League, on behalf of the City and <br /> other cities subject to the Municipal Civil Service Act, to <br /> coordinate the preparation and submission to the Texas Legislature <br /> of the amendments to TEX.L.GOV'T.CODE Chapter 143 as described in <br /> the attached Exhibit "A." <br />