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HomeMy WebLinkAbout5963 ORDINANCE NO.5 9 6 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 2.03.040, 2.57.020 AND 2.57.030 OF THE AUBURN CITY CODE RELATING TO ASSIGNMENTS TO CERTAIN EMPLOYMENT POSITIONS, AS AN EMERGENCY ORDINANCE WHEREAS, the Auburn City Code provides for certain designations of authority to the Mayor and for certain areas of responsibility relegated to the City's Civil Service Commission; and WHEREAS, in order to assure that the City is in the best position to respond to particular needs that arise, it is appropriate that the Mayor be authorized to make temporary assignments, but also to address how those assignments may fit into the Civil Service Commission systems for police and fire department employees; and WHEREAS, in order to be able to accommodate the need for such appointments, particularly as they relate to police, fire and public safety, and to thereby better protect the general public health, safety and welfare, it is necessary to implement this Ordinance immediately, as an emergency ordinance, effective upon its adoption by a majority plus one of the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 2.03.040 of the Auburn City Code be, and the same hereby is, amended to read as follows: Ordinance No. 5963 November 7,2005 Page 1 2.03.040 Appointment of appointive officers. The mayor shall appoint, and at his pleasure may remove, all city appointive officers, subject to the provisions of any applicable law, rule or regulation pertaining to civil service, state law or city ordinances. This appointive authority applies to acting, interim and permanent appointive officers. Appointive officers are as follows: A. Department Directors. 1. City attorney; 2. Finance director; 3. Human resources/risk management director; 4. Information services director; 5. Parks and recreation director; 6. Planning and community development director; 7. Public works director; 8. Police chief; 9. Fire chief. B. Assistant Department Director Positions. 1. Assistant city attorney; 2. Assistant police chief" subiect to civil service rules; 3. Assistant fire chief" subiect to civil service rules; 4. City engineer. C. Administrative Employees. 1. Administrative secretary (mayor and city council's office); 2. Economic development manager; 3. Executive assistant to the mayor; 4. Intergovernmental services coordinator~~ 5. Communications/community relations. D. Temporarv assiqnment positions, includinq but not limited to public safety director or public safety chief, deputy police chief and deputy fire chief, or equivalent positions. It is provided, however, that appointment of the city attorney shall be subject to confirmation by a majority of the members of the city council. Section 2. Amendment to City Code. That section 2.57.020 of the Auburn City Code be, and the same hereby is, amended to read as follows: 2.57.020 Exempted positions. The positions of police chief or equivalent position and ossictont deputy police chief where the position of deputy chief is as a temporary assiqnment in the police department and fire chief or equivalent position and 3ssistont deputy fire chief where the position of deputy chief is as a temporary assiqnment, are found to be administrative policy making and policy formulation positions within Ordinance No. 5963 November 7.2005 Page 2 those respective departments and those positions are exempted from the classified civil service of the city. Section 3. Amendment to City Code. That section 2.57.030 of the Auburn City Code be, and the same hereby is, amended to read as follows: 2.57.030 Civil service status determination. Any person hereinafter appointed to the unclassified position of police chief or assisfaffi-deputv police chief where the position of deputy chief is as a temporary assiqnment in the Auburn police department, or fire chief or ossistant deputy fire chief where the position of deputy chief is as a temporary assiqnment in Auburn fire department after July 1, 1987, from a classified civil service position shall rot3in be entitled to return to his/her civil service status. Upon upon being relieved from such position and returninq to a classified civil service position, except where such relief from that position is due to conviction of malfeasance or misconduct in office, or because of physical or mental disability rendering him or her incapable of performing the duties of his or her office. Other than in the circumstances excepted above, the emplovee returninq to a classified civil service position shall have the right to revert to the civil service rank previously held by that individual in the Auburn police or fire departments. Upon such emplovee beinq returned to such classified civil service position, Mis-his or her seniority standing and benefits shall be computed on the same basis as though he or she had continuouslv rendered service in a classified position as set forth in these-the City's civil service rules. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 5963 November 7, 2005 Page 3 Section 6. Emeraency Ordinance Effective Immediately. This Ordinance, adopted by a majority plus one of the City Council, is declared to be necessary for the immediate preservation of health, safety and welfare, and shall be effective immediately upon passage. The provisions of this Ordinance shall also, thereafter, be published by Ordinance Summary, as required by law. DATED and SIGNED this 7-tJ day of '71~ ,2005. NOV - 7 2005 NOV - 7 2005 NOV - 7 Z005 INTRODUCED: PASSED: APPROVED: \TJ PETER B. LEWIS MAYOR ATTEST: ~dA&I!~' ar1telle E. Daskam, City Clerk IlJ~~j II- I~.,).<f/"{S- Ordinance No. 5963 November 7,2005 Page 4