HomeMy WebLinkAboutPO 6373: RECONSIDERING ORD NO. 14-04 TO AMENDING CHAPTER 78 OF CODE P. O. NO. 6373
2/27/14 gt
ORDINANCE NO.
AN ORDINANCE RECONSIDERING ORDINANCE NO. 14 -04
AS IT PERTAINS TO AMENDING CHAPTER 78 OF THE
CODE OF ORDINANCES BY DELETING SECTION 78 -244
TO THE CODE OF ORDINANCES (REQUESTED BY
COUNCILMEMBER THOMAS)
WHEREAS, on February 18, 2014, Ordinance No. 14 -04 was
approved as to amending Chapter 78 of the Code of Ordinances by
deleting Section 78 -244 to the Code of Ordinances; and
WHEREAS, in accordance with Section 2 -31(g) of the Code of
Ordinances, Councilmember Thomas has requested that Ordinance No.
14 -04 be brought back for reconsideration; and
WHEREAS, per Ordinance No. 11 -15, the City Council approved
amending Chapter 78 of the Code of Ordinances by adding Section 78-
244 to the Code of Ordinances of the City of Port Arthur which
• provided a grievance process for council appointees whereby the
final resolution of any grievance will be determined by the City
Council as delineated in Exhibit "A" attached hereto; and
WHEREAS, the City Council deems it in the public interest to
reconsider Ordinance No. 14 -04; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That Ordinance No. 14 -04 be reconsidered and is
hereby
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Section 3. That this being an Ordinance amending an
Ordinance which does not carry a penalty, and does not require
publication, it shall take effect immediately from and after its
adoption.
Section 4. That a copy of the caption of this Ordinance be
spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2014, at a Council Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers:
NOES: .
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY A`I'OR +EY' �� D
•
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APPROVED FOR ADMINISTRATION:
JOHN A. COMEAUX, P.E.,
INTERIM CITY MANAGER
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EXHIBIT "A"
Sec. 78 -244. - Council appointee grievances.
An appointee of the city council has the right to submit a grievance that
does not involve a claim of monetary value. The grievance process shall be
as follows:
(1) An appointee of the city council may submit a grievance
regarding working conditions, the application or
interpretation of written policy, regulation or procedure of
the city or department for whom the employee works
which has personally affected the grieving employee.
(2) The grievance will include a requested remedy on which
the city council may take action to settle.
(3) The grievance must be presented in writing to the director
of human resources. The director of human resources will
have the duty to maintain all documents relating to the
grievance. The director of human resources will disclose
the contents of the grievance to the city council. Under no
circumstances are documents to be released, either
internally or to the public, unless the release is in
accordance with the requirements of the Public
Information Act as delineated in V.T.C.A., Government
Code Ch. 552.
(4) The city council will send a letter of acknowledgement
regarding receipt of the grievance no later than 14 days
from the date the grievance was initially delivered to the
city council members.
(5) The city council will send a letter to the grievant stating
their determination regarding his /her recommended
remedy to the grievance within 21 days from the date the
grievance was initially delivered to the city council
members. Should the city council vote to accept the
grievant's requested remedy, this will be deemed
dispositive of the grievance.
(6) The city council will hear, convey information, and
deliberate, the grievance in open session. The city council
may only deliberate, hear, or receive, information in
closed session when such action is permissible pursuant
to the Open Meetings Act as delineated in V.T.C.A.,
Government Code Ch. 551.
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(7) If the city council does not accept the grievant's
recommended remedy, or the grievant deems the city
council's response does not resolve the grievance, the
city council will allow the grievance to be heard by a
neutral arbitrator who is an active member of the National
Academy of Arbitrators.
(8) A list of seven arbitrators who are active members of the
National Academy of Arbitrators shall be presented to the
parties by the director of human resources. The grievant
and the city council designee within five working days
from receipt of the list shall alternately strike names on the
list and the remaining name shall be arbitrator
(9) The director of human resources will schedule a
grievance hearing within 45 days, or as soon as practical,
after the selection of the arbitrator. The conduct of the
hearing shall be governed by the standard rules of the
American Arbitration Association. The city shall incur all
costs associated with said arbitration. Said grievance
hearing shall be informal and technical rules of evidence
shall not apply. However, should a party elect to have
formal representation they will be responsible for the cost
related thereto.
(10) The decision of the Arbitrator shall be used as a
recommendation to the city council.
(11) Upon receipt of the arbitrator's ruling, if accepted by a
majority vote of the city council, a certified copy of the
decision will be served on the grievant as the city council's
official response which shall be deemed to be dispositive
of the grievance. Said service shall be within ten days of
the adjournment of the grievance hearing.
(12) A copy of the certified city council response shall be
placed in the personnel file of the appointee.
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