Subject: 9437 Amend Charter/Establish Personnel Appeals Committees Date: Fri, 18 Aug 1989 14:54:00 -0500 ORDINANCE NO. 9437 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHATTANOOGA, AND ALL ACTS AND ORDINANCES AMENDATORY THEREOF, PURSUANT TO THE PROVISIONS OF ARTICLE XI, SECTION 9, OF THE CONSTITUTION OF THE STATE OF TENNESSEE (HOME RULE AMENDMENT) RELATIVE TO THE EMPLOYMENT AND EMPLOYMENT RIGHTS OF CERTAIN OFFICERS, AGENTS AND EMPLOYEES OF THE CITY, AND AUTHORIZING THE CITY COUNCIL TO ESTABLISH COMMITTEES TO HEAR PERSONNEL APPEALS. _________________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. That the present Charter of said City, including all Acts and Ordinances amendatory thereof, be and is further amended as follows: Item 1. The Charter of the City of Chattanooga shall be amended as provided hereinafter. Item 2. That the provisions of the Private Acts of 1913, Chapter 301, Section 4, which provisions relate to the employment and employment rights of certain officers, agents and employees of the City, be and are hereby deleted and the following be and is hereby substituted therefor: All officers, agents and employees whose employment and employment rights are not otherwise specifically governed in this Charter, whether the same be under the administrative and executive branch, or under the legislative or judicial branches, shall be subject to discharge by the authority which appointed them, but any such officer, agent, or employee so discharged shall have the right of appeal of any disciplinary discharge. The City Council is authorized to establish from among its members a committee or committees to hear such appeals or, if no such committees are established, shall hear such appeals itself. The committees shall have the right to determine whether such discharge shall be effective, the discharged person be reinstated or to otherwise modify the order of discharge. The committees shall consist of no less than three members of the City Council. Item 3. That the provisions of the Private Acts of 1953, Chapter 141, Section 2, be amended by: (1) replacing the term "commissioner of fire and police" with "department head"; (2) replacing the terms "city commission" and "commission" with "committees"; and (3) replacing the term "mayor" with "presiding officer of the committees." Item 4. That the provisions of the Private Acts of 1953, Chapter 141, Section 2, be further amended by adding thereto the following: As used herein, the term "committee" shall mean the Committee which the City Council is authorized to establish, or if no such committee is established, it shall mean the City Council, itself. FOR THE AMENDMENT ( ) AGAINST THE AMENDMENT ( ) SECTION 2. BE IT FURTHER ORDAINED, that all laws constituting the present Charter of the City of Chattanooga, not in conflict with this amendatory home rule ordinance, be and the same are continued in full force and effect, and all laws or parts of laws in conflict therewith are hereby repealed. SECTION 3. BE IT FURTHER ORDAINED, that if any clause, sentence, paragraph, section, or part of this ordinance shall be held to be unconstitutional or void, it shall not affect the remaining parts of this Ordinance, it being hereby declared to be the legislative intent to have passed the remainder of this Ordinance notwithstanding such part, if any, as may be held to be invalid. SECTION 4. BE IT FURTHER ORDAINED, that this Ordinance shall be published in full by the City Finance Officer in both daily newspapers in the City of Chattanooga after the final passage by the City Council, or approval in a referendum, all as required by Article XI, Section 9, Constitution of Tennessee. SECTION 5. BE IT FURTHER ORDAINED, that the City Finance Officer shall certify the passage of this Ordinance to the Hamilton County Election Commission and request that the proposed amendment to the home rule Charter of the City of Chattanooga, be placed on the ballot to be used in the next general state election. SECTION 6. BE IT FURTHER ORDAINED, that the City Finance Officer is authorized and directed to pay the pro rata cost of this special City election. SECTION 7. BE IT FURTHER ORDAINED, that the Hamilton County Election Commission shall certify to the City Finance Officer of the City of Chattanooga, Tennessee, the result of said election, and the City Finance Officer shall cause said certification to be made a part of the minutes of the City Council. SECTION 8. BE IT FURTHER ORDAINED, that Section 1 of this Ordinance shall take effect sixty (60) days after its approval by a majority of the qualified voters of the City voting thereon, as provided by Article XI, Section 9, Constitution of Tennessee, the public welfare requiring it. SECTION 9. BE IT FURTHER ORDAINED, that this Ordinance shall take effect, except for Section 1, two weeks from and after its passage as provided by law. PASSED on Third and Final Reading Aug. 21, 1990. __/s/_______________________________ CHAIRPERSON APPROVED:_______ DISAPPROVED:_______ DATE:__________________ _____, 1990. __/s/_______________________________ MAYOR RLN:cjc