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2022' YY~ Q.u p fi V G'f"O r.Gt, 3~It ~ 0;2, ORDINANCE NO. Oaa, AN ORDINANCE TO AMEND THE PERSONNEL MANUAL OF THE CITY OF WEST MEMPHIS TO PROVIDE CITY EMPLOYEES THE RIGHT OF APPEAL OF TERMINATION OF EMPLOYMENT TO THE WEST MEMPHIS CITY COUNCIL AND FOR OTHER PURPOSES. WHEREAS. A.C.A. ~ 14-42-110 provides that the Mayor shall have the power to appoint and remove all department heads unless the City Council shall by atwo-thirds (2/3) majority of the total membership of the council vote to override the Mayor's decision; and WHEREAS, it is the will and desire of the City Council of the City of West Memphis, Arkansas, that all city employees be provided the right to appeal any termination of employment to the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. Section 2.13 of the Personnel Manual is hereby amended to read as follows: Disciplinary action may include, but is not limited to the following: A. Reprimand B. Suspension, not to exceed thirty (30) days without pay C. Dismissal Disciplinary action will be initiated by the immediate supervisor or department head. Employees shall not be suspended without pay or terminated without being offered a predetermination hearing first. The Utility General Manager has the full authority to reprimand, suspend and dismiss utility department employees. All other department heads have the authority to reprimand and suspend employees of their respective departments with pay or without pay up to two weeks. Utility employees who have received disciplinary action may request an appeal hearing with the Utility Commission, provided ti-e request is made in writing within ten (10) days of the disciplinary action. All other employees who receive disciplinary action may request an appeal hearing with the Mayor, provided the request is made in writing within ten (10) days of the disciplinary action. Any city employee whose employment with the City of West Memphis has been terminated may request a further appeal hearing before the City Council, provided the request is made in writing and filed in the City Clerk's office within ten (10) days of the final decision of the Mayor or the Utility Commission upholding the termination of employmen± The decision by the Mayor or the Utility Commission to terminate employment shall be final unless the City Council at its next regularly scheduled meeting shall, by two-thirds (2/3) vote of the total membership of the council, vote to override the decision of the Mayor or the Utility Commission. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. PASSED AND APPROVED this ~~"~l day of " 1~~C-fit , 2002. WILLIAM H. JOHNSON, MAYOR ATTEST: PHIL RA, C?TY CLERK SPONSORED BY: RECENED cmra~sa~ a ~:.~.:: ~'~ s- ~-