HomeMy WebLinkAboutORD706ORDINANCE NO.706
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY
CODE,CHAPTER 3 ADMINISTRATION,SECTION 3-1-10 REMOVAL
PROCEDURES,BY REPEALING THE EXISTING SECTION 3-1-10 AND
ENACTING A NEW SECTION OF LIKE NUMBER;REPEALING ANY
CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That Chapter 3,ADMINISTRATION,Section 3-1-10,REMOVAL PROCEDURES,be repealed
in its entirety and be replaced with a new section of like number to read as
follows:
Section 3-1-10 REMOVAL PROCEDURES
A.Removal of City Manager
The removal of the Manager shall be effected only by a majority vote
(four or more)of the seven member council convened at a regular
council meeting or special council meeting called for that purpose.
The effective date of the Manager's removal shall be at least thirty
days from the date of council action.
B.Suspension
After furnishing the Manager with written notice of removal,the
council may suspend the Manager from duty,but the Manager's
compensation shall continue until the effective date of his
termination.
C.Notice of Removal
The Manager shall be furnished with written notice stating the removal
action of the City Council.The City Manager then may request within a
seven day period following delivery of the written notice detailed
reasons for tri,e intended removal.The council may provide written
detailed reasqps,for the removal which shall be provided the Manager
within seven days after receipt of such request from the Manager.
ORDINANCE NO.706
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D.Hearing
Within seven days after the delivery to the Manager of such notice of
removal,the Manager may,by written notification to the City Clerk,
request a hearing before the council.Thereafter,the council may fix
a time for the hearing which shall be held at its usual place,but
before the expiration of the thirty day period at which the Manager
shall appear and be heard with or without counsel.
E.Discretion of Council
The council shall act at its discretion and its action is not dependent
upon providing the Manager a hearing and should a hearing be held,its
action shall not depend upon any particular showing or degree of proof
at such hearing.
F.Resignation of Manager
The Manager shall provide the council with 30 days written notice of
intention to resign his position.The Manager shall assist the council
in the recruitment and selection of a replacement,i f requested by the
council.In the event of resignation due to health reasons,the period
of written notice shall be determined in conference between the Manager
and the City Council.
SECTION I I REPEALING ANY 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 any court of competent
jurisdiction,such decision shall not affect the validity of the remaining
portions thereof.
SECTION IV DECLARING AN EMERGENCY
I t is necessary for the preservation of the peace,health and safety of the City
of Apache Junction,Arizona that this ordinance become effective immediately,an
emergency is hereby declared to exist and this ordinance shall be effective
immediately upon passage and adoption.
APPROVED AND ADOPTED THIS 5TH DAY OF DECEMBER ,1989,BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
ORDINANCE NO.706
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SIGNED AND ATTESTED TO THIS 7TH DAY OF DECEMBER
ATTEST:
Mayor
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
City Attorney
ORDINANCE NO.706
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BLUNTSCHLY
,1989.