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HomeMy WebLinkAboutO-1291ORDINANCE NO. 1291 AN ORDINANCE ABOLISHING THE CONSOLIDATED POSITION OF CLERK - TREASURER, ESTABLISHING THE SEPARATE POSITIONS OF CITY CLERK AND CITY TREASURER AND ESTABLISHING THE DUTIES FOR THE POSITION OF CITY TREASURER. WHEREAS, Section 11-43-3 of the Code of Alabama, 1975, provides for election by the City Council of a City Treasurer and a City Clerk, allows for the consolidation of these offices, and allows for the abolishment of such offices, AND WHEREAS, in 1962 the offices of City Clerk and City Treasurer were combined by the Governing Body of the City of Fairhope; and, WHEREAS, the City Council by two-thirds vote of its members, with the approval of the Mayor, proposes abolishing the consolidated position of Clerk -Treasurer and establishing separate offices for the City Clerk and the City Treasurer, NOW, THEREFORE: WHEREAS, a full audit shall be conducted prior to the effective date, NOW, THEEFORE: THE CITY COUNCIL OF THE CITY OF FAIRHOPE DOES ORDAIN AS FOLLOWS: AMENDING CITY OF FAIRHOPE CODE SECTION 2-7 SECTION I. The consolidated position of City Clerk -Treasurer is abolished and separate offices for City Clerk and City Treasurer are hereby established. SECTION II. The incumbent City Clerk -Treasurer shall continue in the position of City Clerk until the next general election or until her successor is elected and qualified by the City Council. The duties of the City Clerk shall be all duties currently assigned to the City Clerk -Treasurer, except those duties established for the City Treasurer under this Ordinance, which shall be removed from the job duties of the City Clerk and assigned to the City Treasurer. The annual salary of the City Clerk shall be the current salary established for the City Clerk -Treasurer position. Hereafter, such salary shall be established annually by resolution of the City Council. SECTION III. The position of City Treasurer is hereby established. The City Council shall elect an individual to serve as City Treasurer as provided in Code of Alabama § 11- 43-3. The initial term of the City Treasurer shall be until the next general election. SECTION IV. The individuals occupying these positions shall give bond, for the faithful performance of official duties in the amount of twenty-five thousand dollars ($25,000.00), with sureties to be approved by the mayor Ordinance No. 1291 Page —2- SECTION V. The City Treasurer shall be the custodian of the funds of the City of Fairhope, shall maintain accurate records of the funds of the several City departments and shall maintain such financial records as may be required by law and by generally - accepted accounting principles accurately reflecting the financial condition of the City. The City Treasurer shall perform such other related duties as the City Council or the Mayor may from time -to -time establish or direct. SECTION VI. The starting salary of the City Treasurer shall be established by the City Council and shall be established annually thereafter by resolution of the City Council. SECTION VII. If the individual elected to the position of City Treasurer is a current City employee, and if the individual is not re -appointed or re-elected to the position of City Treasurer upon the expiration of his or her term of office, the individual will be offered the opportunity to return to his or her previous position, or to one of comparable responsibility, duties, pay and benefits. SECTION VIII. The term of office for the City Treasurer shall be from the effective date of this ordinance through the date on which a successor is elected and qualified, following the next general election. Thereafter, the term of office shall be in accordance with Section 11-43-3, Code of Alabama, 1975. SECTION IX. SEVERABILITY - If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION X. EFFECTIVE DATE - This ordinance shall become effective on the first day of February 2006. This ordinance shall be in full force upon its adoption and publication as provided by law. ADOPTED THIS 23rd DAY OF January 52006 2