HomeMy WebLinkAbout14472 ORD - 08/23/1978JBA:jkh:8- 23 -78; 1st
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AN ORDINANCE
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, CITY
OF CORPUS CHRISTI, ADMINISTRATION, BY ADDING A NEW
SECTION, 2 -38, ESTABLISHING PROCEDURE FOR APPEAL TO
THE CITY COUNCIL FROM CIVIL SERVICE BOARD DECISIONS;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Chapter 2 of the Corpus Christi City Code,
Administration, is hereby amended by adding a new section, 2 -38, to read
as follows:
"Section-2-38. Procedure for Appeal to City Council from
Civil Service Board Decision.
(a) Upon receiving written appeal from a decision of the Civil
Service Board under Article Five, Section 15 of the City Charter, the City
Secretary shall request the appealing party to present to the City Council,
within 30 days following the appeal, in writing, a clear and concise state-
ment of his objections to the holding of the board, specifically pointing
out the particular findings and actions of the board alleged to be in error.
Such statement shall include a brief and concise summary of all testimony
of witnesses and exhibits presented to the Civil Service Board. Opportunity
shall be provided for response by the prevailing party.
(b) Should the Council determine from such presentation that
facts have been presented which might justify reversal of the Civil Service
Board decision, the Council may order further proceedings pursuant to this
section. Otherwise, the appeal shall be denied. Such decision shall be
made within 30 days from receipt by Council of the statement of objections
and Council's decision shall be delivered to the employee in writing.
(c) If further proceedings are found to be necessary, Council may
order that a transcript be printed of the proceedings, or part thereof,
before the Civil Service Board, and provided to each of the Council members.
Within 30 days after a need has been found for further proceedings, or after
sufficient time has elapsed for Council to read the transcript, if ordered,
a hearing shall be scheduled on the appeal at which time argument, either
oral or written as specified by Council, may be presented by the parties.
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No evidence shall be considered which was not presented to the Civil Service
Board. The decision of the board shall be entitled to great deference, and
shall be affirmed unless it is found to be clearly unreasonable or capricious.
Council shall rendera decision.within 15 days of the hearing. Failure to
so render a decision shall act as affirmation of the board decision. The
employee shall be notified in writing of Council's decision."
SECTION 2. The necessity to establish procedure for appeal to
the City Council from Civil Service Board decisions at the earliest practicable
date creates a public emergency and an imperative public necessity requiring
the suspension of the Charter rule that no ordinance or resolution shall
be passed finally on the date of its introduction but that such ordinance or
resolution shall be read at three several meetings of the City Council,
and the Mayor, having declared such emergency and necessity to exist, having
requested the suspension of said Charter rule and that this ordinance
be passed finally on the date of its introduction and that such ordinance
take effect and be in full force and effect from and after its passage, IT
IS ACCORDINGLY SO ORDAINED, this the_oZ _day v' A us t, 1978.
ATTEST:
City'Secretarry' MAYOR
THE ITY OF CHRISTI, TEXAS
APPROVED:
23rd DAY OF AUGUST, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY ~
By
s stant City Attorney
Corpus Christi, Texas
23 day 'of 19 7�
TO THE'MEMBERS OF THE CITY COUNCIL
Corpus'Christi, Texas.
For the reasons set forth in the emergency clause of the foregoing ordinance,
a public emergency and imperative necessity exist for the suspension of the
Charter rule or requirement that no ordinance or resolution shall be passed
finally on the date it is introduced, and that such ordinance or resolution
shall be read at three meetings of the City Council; I, therefore, request
that you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MA OR
THE C14 OF ISTI, TEXAS
The Charter Rule was suspended by he following vote:
'Gabe Lozano, Sr.
Bob Gulley
David Diaz
'Ruth'Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
444,2
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