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ORDINANCE NO. 1455
AN ORDINANCE TO AMEND ORDINANCE NO. 1379,
SECTION 2-1. APPOINTMENT OF CITY OFFICERS; CITY COUNCIL AS
APPOINTING AUTHORITY, FAIRHOPE CODE OF ORDINANCES
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
Section 1. The Code of Ordinances, City of Fairhope, Alabama, Article I, Section 2-1, is
hereby amended to reflect the following changes:
Article I. — IN GENERAL
Section 2-1. Appointment of City Officers; City Council as Appointing Authority
Amend the following:
A. 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 2. The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional by a court of competent
jurisdiction, then such ruling shall not affect any other paragraphs and sections,
since the same would have been enacted by the municipality council without
the incorporation of any such unconstitutional phrase, clause, sentence,
paragraph or section.
Section 3. This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA THIS 26TH DAY OF SEPTEMBER, 2011
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