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ORD CC 03/06/79 - Amending Charter Sec. 4.13ORDINANCE NO. 79-3 AN ORDINANCE AMENDING SECTION 4.13 OF ARTICLE IV OF THE CHARTER OF CITY OF HUNTSVILLE, TEXAS BY DESIGNATING PRESENT SECTION 4.13 AS SECTION 4.13A AND ADDING SECTION 4.13B PROVIDING AN APPEAL PRO- CEDURE FOR ALL CITY OF HUNTSVILLE EMPLOYEES OTHER THAN THOSE APPOINTED BY THE COUNCIL AND PROVIDING THAT SUCH AMENDMENTS TO THE CHARTER BE SUBMITTED AT AN ELECTION TO BE HELD NOT LESS THAN THIRTY (30) DAYS NOR MORE THAN NINETY (90) DAYS AFTER PASSAGE OF SAID ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTS - VILLE, TEXAS, that Section 4.13 of Article IV of the Charter of the City of Huntsville, Texas, be amended as follows: SECTION 4.13. REINSTATEMENT OF APPOINTED, SALARIED OFFICERS OR EMPLOYEES SUSPENDED WITHOUT PAY AND APPEAL PRO- CEDURE FOR REGULAR EMPLOYEES HIRED BY CITY. A. In the event six of the councilmen, qualified and serving, suspend without pay any appointed, salaried officer or employee of the City which the Council under this Charter has the power to appoint or hire, in the manner authorized by this Charter, such suspended officer or employee may within fifteen (15) days after the date of his suspension file a written petition with the Council requesting a hearing on such suspension. Said Petition shall be signed by the Officer or employee, shall contain his home address, and shall state whether he desires a public or a private hearing. If the Petition is timely and properly filed, the Council shall within ten (10) days there- after set a time for hearing such petition, such hearing to be held not less than six nor more than twenty (20) days thereafter and to be either a public or a private hearing, as requested by the sus- pended officer or employee in his Petition. The City Secretary shall give written notice of the time of such hearing to the suspended officer or employee at the address shown in the petition by depositing the same, postage paid by registered or certified mail, return receipt requested, in the United States mail at least five days prior to the date of such hearing. All such hearings shall be held at the City Hall of the City. At the hearing, the - councilmen and the suspended officer or employee shall be given the right to be heard. Within ten (10) days following such hearing, six (6) of the councilmen qualified: and serving may remove sus- pension and reinstate the officer or employee to his office or position of employment, in which event such officer or employee shall be entitled to receive all wages and benefits lost during the period of his suspension. However, if the petition is not timely or properly filed or if six of the councilmen qualified and serving do not remove the suspension and reinstate such officer or employee, his removal and discharge shall be effective as of the date of his suspension by six of the councilmen qualified and serving. The action of the councilmen on the question of the removal of such suspension and reinstatement shall be final. B. All city employees other than those employees appointed by council may appeal to council to hear and resolve grievances of personnel matters as they relate to promotions, demotions, disciplinary actions and terminations after a proper appeal to the City Manager for relief. Such appeal to council shall be made according to same procedures available to employees appointed or employed by council as set out in Paragraph A of this section. With at least six (6) of the council, qualified and serving, the decision by the council shall be by majority and the decision may be to affirm, reverse, set aside or reduce any previous decision as well as to reinstate the employee and such decision shall be final. BE IT FURTHER ORDERED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that these amendments be submitted to the qualified voters of the City at an election to be held not less than thirty (30) days nor more than ninety (90) days after passage of this ordinance. PASSED AND APPROVED IN OPEN COUNCIL ON THIS 6TH DAY OF MARCH, A.D. 1979. ,C Y SEC1TARY JAcp HANEY, C ATTORNEY MORRIS 1. W.