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293 ORDINANCE NO. 293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AMENDING SECTION 2.08.080 (APPOINTMENT, RENEWAL, DEMOTION, PROMOTION OF EMPLOYEES) OF CHAPTER 2.08 AND SECTION 2.24.08 (ABOLITION OF POSITIONS) OF CHAPTER 2.24 OF TITLE 2 OF THE GRAND TERRACE MUNICIPAL CODE BY PROVIDING SEVERANCE PAY OF UP TO THREE MONTHS FOR CERTAIN AT-WILL POSITIONS UNDER CERTAIN CIRCUMSTANCES. WHEREAS, on January 12, 2016 the City Council approved the reorganization of the management positions of the City which included the addition of two new department head positions of Director of Planning and Development Services and Public Works Director; WHEREAS, in addition on January 12, 2016 the City Council directed the City Manager to return within thirty (30) days with a report to modify the Grand Terrace Municipal Code to provide severance pay for existing employees that assume at-will positions and whose employment is later terminated without cause and authorize the City Manager to enter into separation agreements containing severance pay of no more than three (3) months for future at- will employees whose employment is terminated without cause; and WHEREAS, the herein ordinance has been prepared to fulfill the aforementioned direction given to the City Manager by the City Council. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows SECTION 1. Section 2.08.080 (Appointment, Renewal, Demotion, Promotion of Employees) of Chapter 2.08 (City Manager) of Title 2 (Administration'-and-Personnel), of the F., Grand Terrace Municipal Code is hereby amended as follows: 2.08.080 - Appointment, removal, demotion,promotion of employees:: It shall be the duty of the city manager to, and he shall;'apjpoint, remove, promote and demote any and all officers and employees of the city,=subject=to all applicable personnel ordinances, rules and regulations. The cijy manager �provide up to three (3) months of severance pay to at-will employees at time of separation when they are released without cause. As a financial matter, the city council shall be advised within sixty (60) days of any such separation payment being provided or agreed to by the city manager. ORDINANCE NO. 293 PAGE 1 OF 3 FEBRUARY 23, 2016 SECTION 2. Section 2.24.080 (Abolition of positions) of Chapter 2.24 (Personnel System) of Title 2 (Administration and Personnel), of the. Grand Terrace Municipal Code is hereby amended as follows: 2.24.080 -Abolition of positions. Whenever in the judgment of the city council it becomes necessary in the interests of economy or because the necessity for a particular position involved no longer exists, the city council may abolish any position or employment in the classified employment. Whenever any reduction in the interests of economy is made, the city shall observe the seniority rule in accordance with the procedures prescribed by the personnel rules. When a position is abolished and the incumbent of said position is offered and assumes a newly created at-will department head position, the incumbent shall be entitled to three (3) months of severance pay if later removed from the new at-will position without cause. SECTION 3. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any one or more sections, subsections, sentences, clauses,phrases or portions of it be declared invalid or unconstitutional. If for any reason any portion of thiss ordinance is declared invalid or unconstitutional,then all other provisions shall remain valid and enforceable. SECTION 4. This ordinance shall take effect thirty days from the date of adoption. SECTION 5. First read at a regular meeting of the City Council held on the 81h day of December, 2015 and finally adopted and ordered posted at a regular meeting of said City Council on the 23`d day of February, 2016. ATTEST: AP A P City Cler' - Mayor--.J ORDINANCE NO. 293 PAGE 2 OF 3 FEBRUARY 23, 2016 I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council on the 9t' of February 2016, and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23rd day of February 2016, by the following vote: AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tern Robles, Mayor McNaboe NOES: None ABSENT: None ABSTAIN: None 4Pate - are City Clerk Approved as to form: City Attorney ORDINANCE NO. 293 PAGE 3 OF 3 FEBRUARY 23, 2016