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HomeMy WebLinkAboutORD1321ORDINANCE NO. 1321 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,BY MODIFYING SECTION 3-6-3,SUBSECTION (B),APPOINTMENT AND DISMISSAL; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS,the Apache Junction City Council has recently issued direction to staff to modify the ratification code provision relating to Public Safety Director appointment; and WHEREAS, because a new Public Safety Director was appointed and ratified by the Mayor and City Council on June 3, 2008, the amendment to this code needs to be effective immediately. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code Article 3-6,Department of PUblic Safety subsection (B),Appointmerit And Dismissal follows: Apache Junction City COde;-Chapter 3,Administration, Department of Public Safety,Section 3-6-3, Appointmerit And Dismissal,be amended to read as B.Appointment and DismiSsal:The position of the director is hereby declared as an at -will non -classified position.The director's .appointment by the manager shall be ratified by the Mayor and City Council.Removal shall be by the manager in his or her sole discretion without ratification by the Mayor and City Council.The manager shall negotiate with the director all terms of employment and shall reflect such terms in a written agreement._ The manager shall execute the agreement on behalf of the City and an original shall be filed in the office of the City Clerk and shall be subject to all public record laws.The director's agreement shall be conditioned upon annual Council appropriation of funds,including all salary and benefit terms, but is not subject to specific performance. ORDINANCE NO. 1321 PAGE 1 OF 2 SECTION II REPEALING ANY CONFLICTING PROVISONS All ordinances and parts of ordinandes in conflict with the .provisions of this Ordinance ói any Part of the code adopted herein by reference are heresy tePealed. 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 portions thereof. SECTION IV ' DECLARING AN EMERGENCY The immediate operation of the provision of this ordinance is necessary for. the immediate preservation of the public peaceā€ž *.health:Or'safety,and that an emergency is hereby declared to 'exist; and this ordinance shall be in full force and effect from and after its passage,adoption and approval by the Mayor and City :Council of the City of Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 17TH DAY OF JUNE ,2008. SIGNED AND ATTESTED TO THIS 20TH DAY OF JUNE ,2008. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: G 08 R. JOEL STERN City Attorney ORDINANCE NO. 1321 PAGE 2 OF 2 icoi e 4 a 0 k 4 1-i'xr HN S. INSALACO Mayor,