1459ORDINANCE NO. ~~ISq
AN ORDINANCE TO AMEND THE TEXT OF THE PERSONNEL MANUAL
AS ADOPTED BY ORDINANCE 1425 AND AMENDED BY ORDINANCE
1437 DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, the Arkansas Municipal League Legal Defense
l
Fund has indicated that coverage for liability pursuant to
the terms of the Legal Defense Fund could be denied in
circumstances in which a municipality- may have created a
property interest in employment by virtue of the use of
certain terms in personnel policies and manuals; and
WHEREAS, the City of West Memphis desires to amend its
personnel manual to conform to the recommendations of the
Legal Defense Fund and to avoid any denial of coverage;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. Section 2.7 of the text of the Personnel
Manual as adopted by Ordinance 1425, as amended, is hereby
repealed.
SECTION 2. Section 2.10 of the text of the Personnel
Manual as adopted by Ordinance 1425, as amended, is hereby
amended to read as follows:
It is the policy of the City to fill vacancies by
promoting current employees whenever possible. You will
be given consideration and preference for positions
which represent a promotion for you.
Vacant positions will be posted by the Personnel
Department. If you feel you are qualified for the
position, you should contact the Personnel Department
for details.
Recommendations for promotion are based on your
performance in your present job. Attendance
punctuality, efficiency and conduct will be evaluated.
_,.
Competitive examinations are required for certain
positions.
SECTION 3. Section 2.11 of the text of the Personnel
Manual as adopted by Ordinance 1425, as amended, is hereby
repealed.
SECTION 4. Section 2.13 of the text of the Personnel
Manual as adopted by Ordinance 1425, as amended, 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 the 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.
SECTION 5. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 6. EMERGENCY CLAUSE. It having been found and
determined by the City Council of the City of West Memphis,
Arkansas, that there is an urgent need by the City- of West
Memphis to amend the terms of the City's Personnel Manual
to comply with the recommendations of the Arkansas
Municipal League Legal Defense Fund and that time is of the
essence, an emergency is hereby declared to exist, and this
Ordinance being necessary for the preservation of the
public peace, health, safety and welfare of the citizens of
West Memphis, Arkansas, shall be in full force and effect
from and after the date of its passage and approval.
PASSED AND APPROVED this ~_ day of ~ 1991.
ATTEST:
DAN CRAFT, C f.(t~ Cie
SFONS~kED
K ITH "i. INGRAM, ayor
RCGE3YED
City CLARK CFFiCE
DATE _i ~ - 3 i - 9 0 ~! ~jt...~