HomeMy WebLinkAboutCC ORD 1963-1075 Removal of appointive officers (2.08)ORDINANCE NO. 1075
CONDITIONS FOR REMOVAL OF APPOINTIVE OFFICERS WHO ARE NOT
IN THE COMPETITIVE SERVICE
The City Council of the City of National City,
California, does ordain as follows:
SECTION 1. Scope. The provisions of this ordinance
shall apply only to City officers who are appointed directly by
the City Council. Nothing in this ordinance affects members of
the Competitive Service.
SECTION 2. Removal requirements. An appointed City
officer who is not in the Competitive Service shall be removed
from office only upon an affirmative vote by three members of
the City Council in regular Council meeting, subject, however,
to the provisions of the next succeeding sections. In case of
his intended removal by the City Council, a City officer shall
be furnished with a written notice stating the Council's in-
tention to remove him and the reason therefor, at least thirty
days before the effective date of his removal.
SECTION 3. Hearing. Within seven days after the
delivery to the office of such notice, he may by written noti-
fication to the City Clerk, request a hearing before the City
Council. Thereafter, the City Council shall fix a time within
30 days for the hearing which shall be held at its usual meeting
place. The officer shall appear at the hearing and may be ac-
companied by counsel.
SECTION 4. Suspension pending hearing. After furn-
ishing a City officer with written notice of intended removal,
the City Council may suspend him from duty, but his compensation
shall continue until his removal by resolution of the Council
passed subsequent to the aforesaid hearing.
SECTION 5. Discretion of Council. In removing a
City officer, the City Council shall use its uncontrolled dis-
cretion and its action shall be final and shall not depend upon
any particular showing or degree of proof at the hearing. The
purpose of the hearing is to allow the officer affected to
present to the City Council his grounds of opposition to
his removal prior to the Council taking final action.
SECTION 6. Limitation on removal. Notwithstanding
the provisions of this ordinance hereinbefore enumerated, a
City officer shall not be removed from office during or within
a period of ninety (90) days next succeeding any general muni-
cipal election held in the City at which election a member of
the City Council is elected. The purpose of this provision is
to allow any newly elected member of the City Council or re-
organized City Council to observe the actions and ability of
City officers in the performance of their powers and duties of
office. After the expiration of said ninety day period afore-
mentioned, the provisions of the preceding section as to the
removal of said City officers shall apply and be effective.
SECTION 7. Effective date. This ordinance shall
take effect thirty (30) days after the date of its adoption
and prior to the effective date thereof shall be published at
least once in the National City Star News, a semi -weekly news-
paper of general circulation, published and circulated in the
City of National City, and thenceforth and thereafter the same
shall be in full force and effect.
Passed and adopted this 10th day of September, 1963.
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ATTEST:
MAYOR
CITY CLERK