HomeMy WebLinkAboutO-1374ORDINANCE NO. 1374
AN ORDINANCE FOR ELECTION AND APPOINTMENT OF CITY OFFICERS
AND CITY COUNCIL AS APPOINTING AUTHORITY
WHEREAS, the City Council of the City of Fairhope, heretofore, adopted various
resolutions and ordinances vesting within the Mayor power of appointment for certain city
employees, and to set the term of service, and;
WHEREAS, the City Council of the City of Fairhope, believes it to be in the best
interest of the City to amend said resolutions and ordinances to remove the appointing authority
from the Mayor for certain employment positions and place it within the discretion of the City
Council:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA as follows:
SECTION 1: APPOINTING AUTHORITY
Pursuant to the authority granted to the City Council by laws of the State of Alabama it
is hereby established that the City Council does exercise its appointing authority by electing to
appoint certain offices, upon recommendation by the Mayor, and setting terms of services. As
appointing authority, the City Council, reserves the right, subject to employee rights and
procedures set forth in the Fairhope Personnel Rules, Policies and Procedures Handbook and the
Comprehensive Safety and Health Program, Policies and Procedures/Substance Abuse Policy
and Program manual, to any hiring, firing and/or disciplinary action(s) for all Department Heads
and that all references made or referred to the Office of the Mayor in the Fairhope Personnel
Rules, Policies and Procedures Handbook and the Comprehensive Safety and Health Program,
Policies and Procedures/Substance Abuse Policy and Program manual, as amended, shall be
amended to reflect that the Council shall exercise such authority. Such officers shall include, but
not be limited to Assistant City Clerk; Assistant Chief of Police; Utilities Superintendent; City
Manager; Administrative Assistant; Planning Director; Engineer; Purchasing Director; Senior
Services Director; Public Works Director; Human Resource Director; Personnel Director;
Maintenance Director; Building Official; Recreation/Youth Director; Revenue Director;
Finance Director; Audit Director; Tax Assessor; Manager of Business Accounts; Tax Collector;
Golf Director and Superintendents of all Utility Departments, not limited to Gas, Water, Sewer,
Electricity.
Further, the City Council does exercise its appointing authority by electing to appoint the City
Clerk; City Treasurer; Chief of Police; Municipal Judge; City Attorney, and City Prosecutor,
and setting the terms of service for these positions as outlined in the Code of Alabama.
SECTION II: SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect
the validity of the remaining portion hereof pertaining to the election and appointment of
officers/ employees thereof, shall remain in full force and effect.
Ordinance No. 1374
Page 2
SECTION III: REPEALER
Any Resolution(s) or Ordinance(s) or parts of any Resolution(s) or Ordinance(s)
conflicting with the provisions of this Ordinance are hereby repealed insofar as they conflict.
SECTION IV: EFFECTIVE DATE
This Ordinance shall take effect and be in force from and after the date of its approval by
the City Council of Fairhope and publication as required by law.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA this 8th day of December, 2008.
Attest:
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