HomeMy WebLinkAboutO-1379ORDINANCE NO. 1379
AN ORDINANCE TO REPEAL ORDINANCE NO. 1374 AND TO ESTABLISH
THE CITY COUNCIL AS THE APPOINTING AUTHORITY FOR
DESIGNATED EMPLOYMENT POSITIONS IN THE CITY OF FAIRHOPE.
WHEREAS, the City Council of the City of Fairhope has adopted various
resolutions and ordinances vesting the Mayor with the power to appoint certain City
employees, including the power to hire, discipline and dismiss such employees subject
to the City of Fairhope's Personnel Rules, Policies and Procedures; and
WHEREAS, the City Council believes that it is in the best interest of the City to
remove the appointing authority for certain employment positions from the Mayor and
to designate the City Council as the appointing authority for such employees;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAIRHOPE, ALABAMA as follows:
SECTION 1: APPOINTING AUTHORITY.
A. Pursuant to the authority granted to the City Council under the laws of
the State of Alabama, it is hereby established that the City Council shall be the
appointing authority for the following employment positions within the City of
Fairhope: Assistant City Clerk; Assistant Chief of Police; Utilities Superintendent; City
Administrator; Assistant City Administrator; Administrative Assistant; General
Superintendent; Administrative Superintendent; Planning Director; City 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;
Manager of Business Accounts; Golf Director; the Superintendents of all Utility
Departments, not limited to Gas, Water, Sewer, Electricity. As the appointing authority,
the City Council shall have the authority to hire and appoint employees to fill these
positions and may establish the term of employment and prescribe the employment
duties for such employees. Unless the City Council by resolution or ordinance
establishes a term of employment for an employee subject to appointment by the City
Council under Section 1 of this Ordinance, such employees shall be subject to dismissal
at any time in the discretion of the City Council. The Council will seek the Mayor's
recommendation in exercising the City Council's appointing authority for these
positions. The City Council delegates to the Mayor the authority to discipline and to
dismiss these employees subject to the Personnel Rules, Policies and Procedures of the
City of Fairhope. Provided, dismissal, a demotion, or a suspension without pay, shall
be subject to such employees' appeal of the Mayor's decision to the City Council within
ten (10) days after an employee receives written notice of the Mayor's decision. After a
hearing before the City Council on appeal, the City Council shall make the final
decision by majority vote of the elected members of the Council. In its sole discretion,
the City Council may approve, rescind or modify the Mayor's decision.
Ordinance No. 1379
Page 2
B. Pursuant to the authority granted to the City Council under the laws of
the State of Alabama, it is hereby established the City Council shall be the appointing
authority for the following appointed officials of the City of Fairhope: City Clerk and
City Treasurer. The City Council shall elect the City Clerk and the City Treasurer at its
first regular meeting following the general election of Council members, or as soon
thereafter as practicable, and these officials shall continue to hold office until the next
general election and until their successors are elected and qualified. The City Council
also shall be the appointing authority for the following appointed officials of the City of
Fairhope: The Chief of Police; the Municipal Judge; the City Attorney; and the City
Prosecutor. The City Council shall establish the term of office for each of these
appointed officials consistent with the laws of Alabama. At the end of such appointed
officials' terms of office, the City Council, in its sole discretion, may re -appoint for
another term, or appoint and elect another person to fill such position. The City Council
may remove an appointed official during such official's term of office for "cause" after
a hearing before the Council by two-thirds vote of the elected members of the Council.
"Cause" shall include incompetency, malfeasance, misfeasance or non-feasance in
office and for conduct detrimental to good order or discipline, including habitual
neglect of duty.
SECTION II: SEVERABILITY.
If any portion of this Ordinance is for any reason held to be invalid or
unconstitutional by final decision of any Court of competent jurisdiction, such portion
shall be deemed as a separate, distinct and independent provision, and such holding
shall not affect the validity of the remaining portions of this Ordinance, which shall
remain in effect.
SECTION III: REPEALER.
Ordinance No. 1374 is repealed. Any other Resolution(s) or Ordinance(s) or
parts of any Resolution(s) or Ordinance(s) conflicting with the provisions of this
Ordinance are repealed to the extent such Resolution(s) or Ordinance(s) conflict with
this Ordinance.
SECTION IV: EFFECTIVE DATE.
This Ordinance shall be effective from the date of its approval by the City
Council of Fairhope, Alabama and publication as required by law.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA this 9TH day of MARCH, 2009.
Attest:
isa A. Hanks, City Clerk