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0771 qa.. ORDINANCE NO. 771 (4-85) AN ORDINANCE AMENDING ORDINANCE NO. 158, CODIFIED AS CHAPTER 2.16 OF THE JACKSONVILLE MUNICIPAL CODE, CLARIFYING THE POSITION OF CITY ENGINEER AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1: Ordinance No. 158 of the City of Jacksonville, codified as Chapter 2.16 of the Jacksonville Municipal Code, should be and hereby amended by adding the following Section: "Section 2.16.001 City Engineer's position - The City Engineer shall direct the office of the City Engineer and its staff to fulfill the duties as described in Section 2.16.030. The City Engineer shall not carry the title of Department Head, but as the City Engineer, he shall direct and supervise other department heads as set out in Section 2.16.030." SECTION 2: Part of Ordinance No. 158 of the City of Jacksonville, codified as Section 2.16.040 of the Jacksonville Municipal Code, should be and hereby is amended to read as follows: "Section 2.16.040 Application for Position-Appointment. All applicants for the position of City Engineer shall be submitted to the Mayor who is hereby authorized to select the three most qualified applicants to the position, unless there are fewer than three applicants, subject to the confirmation of such appointment by the City Council. Prior to the selection of the City Engineer, the final applicants are to be interviewed by the Mayor and City Council members. After said interviews and comments by the City Council, the Mayor shall select the most qualified person for the posi- tion to be confirmed by the City Council. Confirmation shall require two-thirds vote of the City Council." SECTION 3: Part of Ordinance No. 158 of the City of Jacksonville, codified as Section 2.16.070 of the Jacksonville Municipal Code, should be and hereby is amended to read as follows: "Section 2.16.070 Failure to Perform Duties-Removal from office. Failure to perform any of the duties herein prescribed or hereafter prescribed by the Mayor and/or City Councilor failure to conform to the provisions of Section 2.16.050 hereof constitutes immediate grounds for removal. Prior to removal, the City Engineer can have review and grievance hearings as prescribed herein. Upon having a proper grievance filed upon the City Engineer's position (proper grievance - bring a letter by the Mayor and/or City Council Member describing the nature of the grievance and filed in the Mayor's office and the City Engineer's office), the City Engineer can request a hearing by the City Engineer Review Committee. This Committee shall be made up of the Street and Drainage Committee of the City Council and two other council mem- bers as appointed by the Mayor, and two representatives of the Planning Commission, as selected by the Chairman of the Commission, if said grievance concerns any actions that would affect future actions of the Planning Commission or affects any item that falls under the guidance of the Planning Commission. The City Engineer Review Committee shall be chaired by the senior member of ~ the Street and Drainage Committee. After hearing any grievance the City Engineer Review Committee shall deter- mine what action, if any, should be taken and report to the City Council with a recommendation. If it is recom- mended that the City Engineer be removed from office, it shall take the affirmative vote of two-thirds of the elected council to cause such removal and upon such action the City Clerk shall give written notification to the City Engineer of such action thirty days in advance of the ter- mination date. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. APPROVED AND ADOPTED THIS DAY OF FEBRUARY, 1985. CITY OF JACKSONVILLE, ARKANSAS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: KEITH VAUGHAN, CITY ATTORNEY ACTION VELAYED FOR FURTHER STUDY PER REQUEST OF SPONSOR ! A~d. Phif K~ton