Ordinance 2014-14 - Ord. 2014-14 amend Ch.2 Code of Ord., removing employee grievance procedures, signed 12/3/13 ORDINANCE NO. 2014-14
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLYCHAPTER 2 "ADMINISTRATION" BY AMENDING
ARTICLE II "EMPLOYEES"; PROVIDING FOR A PENALTY; MAKING OTHER
PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the Huntsville Code of Ordinances ("Code"), Chapter 2, Article II, Section 2.26
provided for provided for appeal hearing procedures for employee grievances brought to the
City Council as authorized by Section 4.12 of Article IV of the Huntsville City Charter
("Charter");
WHEREAS, at the Special Election held on November 5, 2013 proposed Charter Amendment 3
on the ballot asked the voters to vote for or against removing Section 4.12 of Article IV of the
Charter;
WHEREAS, Charter Amendment 3 was approved by a majority of the votes cast at the Special
Election and accordingly, Article IV, Section 4.12, which allowed an employee who is not
appointed by the City Council to appeal a decision on a grievance of that employee to the City
Council, will be deleted;
WHEREAS, the City Council of the City of Huntsville, Texas, has determined that Section 2.26
of Chapter 2 of the Code should be repealed and removed; and
WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting
the same at the place reserved and designated for notices of public meetings and public activities
and prior to the adoption of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to
be true and correct and are hereby adopted, ratified, and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 2 "ADMINISTRATION" is
hereby amended by removing Section 2.26 of Article II "EMPLOYEES" and Reserving
Sections 2-26 through 2-39 as shown on the attached Exhibit "A".
SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent
with the provisions of this Ordinance shall be, and the same are hereby, repealed and all
other ordinances of the City not in conflict with the provisions of this Ordinance shall
remain in full force and effect.
SECTION 4: Should any paragraph, sentence, clause, phrase or section of this
Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall
not affect the validity of this Ordinance as a whole or any part or provision thereof, other
than the part so declared to be invalid, illegal or unconstitutional.
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SECTION 5: This Ordinance becomes effective when adopted by the City Council of the
City of Huntsville,Texas.
PASSED AND APPROVED on this day of _ -� 2013.
THE CITY OF HUNTSVILLE
A�_ /Jjlo��
Mac Woodward,Mayor
ATT ST: APPWMhneider,
S TO FORM:
i
L oodward, Ci etre ry City Attorney
4 CITY COUNCIL AGENDA
12/3/2013
Agenda Item: 5d
Item/Subject: Consider adopting Ordinance 2014-14, removing Section 2-26 from Chapter 2,
Administration, of the Code of Ordinances, pursuant to the Charter election removal of the employee
grievance appeal to the City Council.
Initiating Department/Presenter:City Attorney
Presenter: Leonard Schneider
Recommended Motion: First Reading—Move to adopt Ordinance 2014-14, removing Section 2-26 from
Chapter 2,Administration,of the Code of Ordinances.
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Strategic Initiative:Strategic Initiative#4-Huntsville is a well-managed,sustainable community that
values its natural resources and provides exceptional public services.
Discussion: Section 2-26 Chapter 2 of the Huntsville City Code of Ordinances ("Code") is entitled
"Employee Grievance Appeals Hearing Procedure." This section of the Code provides for a fairly
complex hearing procedure for an employee grievance regarding disciplinary action taken against the
employee to be heard by the City Council. The only authorization for the City Council to hear an
employee grievance due to a disciplinary action against that employee was provided by Section 4.12 of
the City Charter. At the special election held on November 5, 2013 proposed Charter Amendment 3 on
the ballot asked the voters to vote for or against removing Section 4.12 of Article IV of the Charter.
Charter Amendment 3 was approved by a majority of the votes cast at the Special Election and
accordingly, Article IV, Section 4.12, which allowed an employee who is not appointed by the City
Council to appeal a decision on a grievance of that employee to the City Council, will be deleted.
Consequently Section 2-26 of the Code is no longer necessary and is unneeded.
Previous Council Action: Pursuant to section 14.23 of the City Charter, the City Charter is to be
reviewed every 5 years. Part of the review process is the appointment of a Charter Review Committee
("CRC') to review the Charter and make recommendations to the City Council. The fifth year fell in
2013. Consequently, the City Council appointed a CRC to review the city charter and make
recommendations for any amendments to the Charter. The CRC recommended to the City Council that
the deletion of Section 4.12 of the Charter be placed on the ballot at the November 5, 2013 election
("Election"). The City Council adopted this recommendation and placed the proposed amendment to
delete Section 4.12 of the Charter on the ballot for the Election. The voters approved the amendment.
Financial Implications:
®There is no financial impact associated with this item.
❑Item is budgeted: - - In the amount of$
❑Item is not budgeted:
El Item is estimated to generate additional revenue:
Approvals: X City Attorney ❑Director of Finance ❑City Manager
Associated Information:
Agenda Item#5d Page 1
ORDINANCE NO. 2014-14
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLYCHAPTER 2 "ADMINISTRATION" BY AMENDING
ARTICLE II "EMPLOYEES"; PROVIDING FOR A PENALTY; MAKING OTHER
PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE
I
DATE.
WHEREAS, the Huntsville Code of Ordinances ("Code"), Chapter 2, Article II, Section 2.26
provided for provided for appeal hearing procedures for employee grievances brought to the
City Council as authorized by Section 4.12 of Article IV of the Huntsville City Charter
("Charter");
WHEREAS, at the Special Election held on November 5, 2013 proposed Charter Amendment 3
on the ballot asked the voters to vote for or against removing Section 4.12 of Article IV of the
Charter;
WHEREAS, Charter Amendment 3 was approved by a majority of the votes cast at the Special
Election and accordingly, Article IV, Section 4.12, which allowed an employee who is not
appointed by the City Council to appeal a decision on a grievance of that employee to the City
Council,will be deleted;
WHEREAS,the City Council of the City of Huntsville, Texas,has determined that Section 2.26
of Chapter 2 of the Code should be repealed and removed; and
WHEREAS,notice of the agenda for this meeting,was given in accordance with law by posting
the same at the place reserved and designated for notices of public meetings and public activities
and prior to the adoption of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS,that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to
be true and correct and are hereby adopted,ratified,and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 2 "ADMINSITRATION" is
hereby amended by removing Section 2.26 of Article II `EMPLOYEES" and Reserving
Sections 2-26 through 2-39 as shown on the attached Exhibit"A".
SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent
with the provisions of this Ordinance shall be, and the same are hereby, repealed and all
other ordinances of the City not in conflict with the provisions of this Ordinance shall
remain in full force and effect.
SECTION 4: Should any paragraph, sentence, clause, phrase or section of this
Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall
not affect the validity of this Ordinance as a whole or any part or provision thereof, other
than the part so declared to be invalid, illegal or unconstitutional.
S
SECTION 5: This Ordinance becomes effective when adopted by the City Council of the
City of Huntsville,Texas.
PASSED AND APPROVED on this day of 2013.
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THE CITY OF HUNTSVILLE
Mac Woodward,Mayor
ATTEST: APPROVED AS TO FORM:
Lee Woodward, City Secretary Leonard Schneider,City Attorney
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EXHIBIT "A"
Chapter 2 ADMINISTRATION
Article II: "EMPLOYEES"
(a) The employee gr-ievanee appeals heeAfig v411 be eefffffieneed pr-empfly eft the date and
time seheduled. Each par-tyA411 be notified in Y.Rifing by the eity seer-etmy as to suoh date
and
(h� A n este ethe el: matters should be ,l' + .7 + t but 1,
�..� ....j' .:1»vv..vuv vx vuav~j.:vu.uua.aij ,..u«va., .,a,vwu w uaav � may
adm.n.stFat.ve.) delegated and handled by the e,tJ s vv,etu,, e e designated suffogate.
Thee:t„ a r-eta..,. Shall be s:1,1e for- the n.-1 ef�e:eat ,.igen of the
x..v vaaJ .a,vvavt e e e
)eedufe.
(e) At least six e
qualified and vefing, must be present M all hear-ings. Final
determinations shall be made only by maj or-ity vote ef the mayef and members ef eeuneil
e ent and voting; provided, however- that n ..be,. of city a s:l (:nel.,,l:n„ the
pfesid:n.. efF,ee«) .n ne,.t:a:nate in the emee„t:ve deliberations of have a +
b`ry�y^Tr:�' ... ::1'�eh any sur-1, ee s 1 lie 1, 1 flier f interest,+ l tl
.. .. .. ...:x.�;�ccmvcrnaTa�ivi�ei:csr-vvirrcivc-erixicvcz�rxvmvr
shall-die-exeased fFem-any kwelvement in the 9Wb eet g6evanee. In the event t,,_ee ,.
more eouneilmember-s are disq"ified pursuant to this provision, the mayor- shall have
eity, whieh-replaomefA per-sons shall sene--in the-safne rapaei+., tl,e e neeti;e
il«..e.«l..e,.s being« «laved for-the tearing on vh ah the s niliet a :sts enl,.
vv uaavaaaaxvxaawx e
(d) The mayor- er mayor- pre tempere shall be he-pr-esiding a neem ells--aftd
deliberations. fir-the-event that beth of the feeither- unavailablee�
themsselves l.v ,.:ty vote An,. s ,el, eleete.l n s:,l:n„ eff:ee.. shell be then nt
elves ..� ...��...� vote. .xaa) .rwvu vavvwu yiwaua,ab vuavva ouuu w� ,xc
f
Eel The «a.w:es to the appeal shell bea, tl.e s e .ea
1�,.,..len of « of shall beupen the e:ty to establish thm the ,7:se:«l:«er, ,7:s.....:sss1
va.uuvuOF
derision en l.el,elf of the e:ty is so"e,.te.l by just eause; prima F e:e ease has bee«
�stall; the l,u fde of proof shall shift to the employee to show thm the
.,xu.,,,�„amu vT the ,..� ve
be allowed upon approved by the oetmoil, btA new afeas may net be epened onee the
esYvet: sh of have leen dosed. The stm aF d of«,.eef F r the F s.«eve:nshell
vv�ve se
be n n
{t} Agievanee or-ptf-pesee of definitionF the ekrrgfie vanes pr-eeedufe and
under-
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ORM
MUMMNUMRI
lilt -.011111.11-
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Y.
Y.
y ..t L.ose 1 t' shall 1, authorized and approved by the 't '1 ,.if e:t
eeuneil deems it f
otherwise .1 1, efseft
1 ..Leal 1., «.1 et 41,e .1: ee_t:e eF e:4,T eouneil. Leel.
rresenr r
,•t shall l 1, r-es '1+1 F.•the ees4 of the steter,�e«t e f f e4.. :P same ordered: ordered f.,... the r
ens
G epBfter-.
(u) Tl, Y d b FF 1,a ee11f times .1et A , r,o the hearing, maintainderaefum in
the
hearingroom. A per-sons1, .1'smpt the hearing i „J.,f ,,.
shie„ shell not be ellee.l to
b
remain in
the 1, nor- more bailiff eel. „F.,,1,om shell be eert:f;ea « e
b ,
state,offleer-s of the
shall be pFesefA m A times during the hearing te assist the pr-esiding
OfflOffand
f eall f enfor-ee the orders of the pr-esiding effleer-when so requested,
other-wise a sist where needed et the d eet:e of the pfesilli efie
f
not subjerat to pu
dissemkiationf hearings,fil In the ease of nonpublie
all
evideneef e)Ehibits and f ineluding the tfmseFipt and statement of f if
7
shall 1. eons'.1 .l eanfi 4:e1 personnel r or-ds
(s`) When multiple g ieyanee-appeals involving eowmen faets--cam
eoune:l the a e:l
f
!t\n a b a hearingof all of the e,+ein issue the et:,
appeals;
!7\n aer all of the appeals a el:.ieted; aad. or
f
\*7Make-ra�x�acrh oth� er-efdcis as may tend to avoid ...a................:j`costs of- lel..,
(K) CitT-eouncil may,in fiiFFc er-amee-of eon-yeliieflee-or- to ayoi'dpl'-ejadkeef of e,• ., .e+e
hearing F grievaneaes 4filed . b etl,e bymefe than employee eF eef4ain issues
l,' l l.' .1 d 1. fe 't,.
Ana ahv�c-lapZrrcornvciiccr6izc o cnivcsZicnmir�v'czoi r ei crvv mi
(y) Tl. e:4. :1 shell be empowered to «le independent el to seek guidance as
to substantive of pr-eeeEkffal issues associated NN4th any grievanee or- with any aspeet o
the .
( ) The '+ e:1 may ,1„ete and adopt el, ether- and e,1,7:t:e a ,1eof iv.v
ohs e., o
edufes as may be required 4e serve the interests of ust;ee and tee e;.l
eos4 r dela,. Any a ,el, additional r„lee el;e:es e ee,l.,res shall be : ..:t:r,.. °hell
1, d h,, a r:4,. vete of e:t,, a e:l andshell he a r.lishe.l by or-dinanee-
pfier-
et:ee.,f wh:eh hes been posted r en4 to 1.,,,.
Sees.2-26-2-39.-Reserved.
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