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1135 ~; .• 4 '~ ~1, ORDINANCE NO. AN ORDINANCE TO AMEND SECTION ONE (1) OF ORDINANCE N0. 1081, GIVING THE GENERAL MANAGER OF THE WEST MEMPHIS UTILITY COMMISSION AUTHORITY TO EMPLOY AND TERMINATE PERSONNEL, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Section One (1) of Ordinance No. 1081 is amended as follows: "The Utility Commission shall have the authority. to recommend to the Mayor a General Manager who shall be appointed and removed by the 114ayor, subject to the authority of the City Council to override the Mayor's decision by two-thirds (2/3) majority of the total membership elected to the City Council. ' The General Manager of the West Memphis Utility Commission shall have the authority to employ and terminate all employees of the West Memphis Utility Commission, subject to such policies as established by the Commission." SECTION 2. All Ordinances or Parts of Ordinances pertaining to the Personnel of the West Memphis Utility Commission in conflict are repealed, especially, Section 2.13 of Ordinance No. 1129, pertaining to the Discipline of Employees. SECTION 3. It having been determined by the City Council of the City of West Memphis, Arkansas, that the City .Council desires that the General Manager of the West Memphis Utility Commission have the authority to employ and terminate personnel, an emergency is hereby declared to exist and this Ordinance being necessary for the public peace, welfare and safety of the Citizens of the City of West Memphis, Arkansas, shall be in full force and effect from the date of its passage and approval. PASSED AND APPROVED this ~ / day of , 1983. ATTEST:. // ~ ~ / MAYOR ., OVFP. '2IJDEtd ?3Y CITY COL?PdCIL OnI AL with a vote of 7 ~yE 2 "JO, & 1, s; CITY C r~a.jority of the Clty ~'ounci. ~ ``esery,~ s SPONSORED BY: Pf ~ ~~ T ~, 1983 th Z./3 tines. . ~~~~~~ a. e l STATEMENT T0: WEST MEMPHIS CITY COUNCIL AND CITY CLERK TRANSMITTED T0: MR. DAN CRAFT, CITY CLERK DATE: JULY 25, 1983 RE: MAYOR'S VETO OF ORDINANCE N0. 1135 In accordance with the procedures established in Arkansas Statutes 19-1014, I am herein filing my written statement concerning my veto of Ordinance No. 1135 which was adopted by the City Council of West Memphis on July 21, 1983, and filing this with the office of the City Clerk prior to the next regular meeting of the City Council. I am vetoing Ordinance No. 1135, An Ordinance to amend Section One (1) of Ordinance No. 1081, Giving the General Manager of the West Memphis Utility Commission Authority to Employ and Terminate Personnel, Declaring an Emergency and for all Other Purposes, in its entirety, for the following reason: It is in conflict with the power and duties of the Mayor as defined by the Legislature of the State of Arkansas. Arkansas Statutes Annotated Section 19:1013.1 provides: "Unless otherwise provided by State law, Mayors in cities of the first class, second class and incorporated towns sha11 have the power to appoint and remove all department heads----unless the city or town council shall by a two-third (2/3) majority of the total membership of the council vote to override the Mayor's action." Inherent in the Mayor's power to appoint and remove all department heads is his power to discipline department heads and their sub- ordinates,. for insubordination, and failure to perform their duties. It is my judgement that Ordinance No. 1135 is contrary to the public interest, and in conflict with the laws of the State of Arkansas. For the ~bvve reasons I have officially vetoed Ordinance No. 1135 adopted by the City Council o~ '"'" " '°4~ ~v ~:. ~,~~, .~-~- ~,~, ~-~~~~~