HomeMy WebLinkAboutORD1216ORDINANCE NO.1216
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 3,
.ADMINISTRATION,ARTICLE 3-6,DEPARTMENT OF PUBLIC SAFETY;REPEALING ANY
-CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.
WHEREAS,Article 3-6 of Volume I of the Apache Junction City Code describes
the Department of Public Safety and its director's duties and responsibilities;and
WHEREAS,there have been no significant revisions of the Code to keep up with
the conventional market hiring trends and practicalities since 1995;and
WHEREAS,the Code is also in need of other minor but important clerical
corrections relating to basic operations of the department.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,as follows:
SECTION I IN GENERAL
Apache Junction City Code,Chapter 3,Administration,Article 3-6,Department of
Public Safety,is amended to read as follows:.
Article 3-6 Department of Public Safety
3-6-1 Department Established
3-6-2 Function of Department
3-6-3 Duties of Director;Appointment and Dismissal
3-6-4 Divisions of Department
3-6-5 Policies,Procedures and Orders
3-6-6 Status of Members
Section 3-6-1 Department Established
There is hereby created the .Department of Public Safety.I t shall include a
director who shall lead the department and shall manage all officers and employees
assigned thereto.The director shall also hold the title of "Police Chief".All
officers and employees under the Police Chief's command shall perform their duties
subject to the supervision of the Police Chief,who shall operate solely under the
guidance and direction of and report directly to the manager.The director shall
supervise the department in accordance with the applicable personnel policies and
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Article 3-10 of this code and shall exercise such powers and perform such duties as
are customarily conferred and required by applicable ordinance,resolution or
lawful directive.
Section 3-6-2 Function of Department
I t shall be the function of the department to preserve order,enforce this
code,ordinances and Taws in the city and the state,preserve thepeace,and render
, aid in the case of disaster or accident.
Section 3-6-3 Duties of Director:Appointment and Dismissal
A.Duties:The director of public safety shall have all the duties and
powers assigned by this code,city ordinance,state or federal law.
B.Appointment and Dismissal:The position of the director is hereby
declared as an at -will contract position.The director shall be appointed by the
manager,subject to ratification by the mayor and city council,and' shall be
removed by the manager in his or her sole discretion.The manager shall negotiate
with the director for all terms of employment.The manager shall execute the
contract on behalf of the city and an original of the contract shall be filed in
the office of the city clerk and shall be subject to all public record —laws.The
director's contract is conditioned on annual council appropriation of funds,
including all salary and benefit terms,but is not subject to specific performance.
Section 3-6-4 Divisions of Department
There shall be divisions within the department of public safety as the
manager deems fit.All heads of divisions shall be appointed and removed by the
director subject to the ratification of the manager and the provisions of Article
3-10 as i t now exists or may be amended thereafter.
Section 3-6-5 Policies,Procedures and Orders
A.Director's Authority:The director may make or prescribe.operational
policies,procedures and orders for the conduct of the department.Such
policies,procedures and orders,when approved by the manager,shall be
binding and may cover,the conduct of the members,uniforms and
equipment to be worn,carried or utilized,minimum standards of
behavior and other matters necessary or desirable for the better
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efficiency of the department.
B.Manager Notification to Council:.The manager shall notify the
council 'of the rules and regulations once reviewed and approved as to
form by the city attorney.•
Section 3-6-6,Status of Members
Members of the department of public -,safety shall be appointed and promotions
within the department shall be made in the manner ,provided by law.Each member of
the department shall have all the responsibility,'authority and liability
prescribed by statute or ordinance.
SECTION I I REPEALING CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance,or any part of the code adopted herein by reference,are hereby
repealed.
,SECTION III PROVIDING FOR SEVERABILITY
If any section,subsection,sentence,phrase,clause or portion of this ordinance,
or any part of the Code adopted herein by reference,is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction.
such decision shall not affect the validity of the remaining portion thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 7TH DAY OFSEPTEMBER ,2004.
SIGNED AND ATTESTED TO THIS 7TH DAY OF SEPTEMBER ,2004.
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DOUGLAS CUEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk '
APPROVED AS TO FORM:
4!!!8t21./.oL4
RICHARD J., STERN
City Attorney
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