Ordinance No. 1,732ORDINANCE NO.1732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AMENDING THE HANDBOOK OF CIVIL SERVICE RULES FOR FIREMEN'S AND
POLICEMEN'S CIVIL SERVICE SYSTEM BY THE AMENDMENT OF RULE I,
"DEFINITIONS,"BY ADDING SECTION 2Oa AND BY THE AMENDMENT OF
SECTIONS 100,101,102,AND 103 OF RULE XVIII,"DISCIPLINARY
SUSPENSIONS,"THEREOF,SO AS TO REPEAL THE PROVISIONS OFSUCH
SECTIONS AS PRESENTLY CONSTITUTED AND TO SUBSTITUTE IN THEIR
PLACE NEW PROVISIONS;REPEALING ORDINANCES INCONSISTENT HERE
WITH;CONTAINING A SAVINGS CLAUSE;AND PROVIDING FORTHE EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the Handbook of Civil Service Rules for Firemen's and
Policemen's Civil Service System is hereby amended by adding thereto a new
section under Rule 1,"Definitions,"Section 20a,which shall read as follows
to wit:
Rule I.Definitions.
Section 20a.A suspension is effective on the date specified in the
statement of action orin the written statement provided for in indefinite
suspensions.
Section 2:That the Handbook of Civil Service Rules for Firemen's and
Policemen's Civil Service System is hereby amended by repealing Sections 100,
101,102,and103 of Rule XVIII,"Disciplinary Suspensions,"and the same shall
cease to have force and effect from and after the effective date of this ordinance.
Section 3:That the Handbook of Civil Service Rules of Firemen's and
Policemen's Civil Service System is hereby amended by adding thereto new Sections
100,101,102,and103 under Rule XVIII,"Disciplinary Suspensions,"which shall
read as follows,to wit:
Rule XVIII.Disciplinary Suspensions.
Section 100.Notice to Commission.In every case of disciplinary
suspension,the department head shall file a copy of the written state
ment of action with the Commission within one hundred-twenty (120)hours.
Section 101.Notice to suspended employee.When the department head
issues an order of disciplinary suspension,he shall make available to
such employee the written statement of action immediately.Upon the
written request of such employee within forty-eight (48)hours,the de
partment head shall make available to such employee a written statement
alleging the rules violated and the alleged acts of such employee con
stituting violation,as under Rule XIX,within the one hundred-twenty
(120)hour period.
Section 102.Powers of Commission.Upon the written request of the
suspended employee,made to the Commission within ten (10)days,dening
thetruth of the charge or taking exception to the legal sufficiency of
such charge,the Commission hasthe power to investigate and determine
if just cause existed therefor.The Commission may reverse the action
of the department head if the time requirements are violated or if just
cause does not exist.In the event the department head refuses to obey
the order of reinstatement by the Commission,Sections 20and 16 of the
Article 1269m,shall be invoked.
Section 103.Procedure by Commission.Upon a written request for
the Commission to investigate and determine just cause in any disci
plinary suspension,the Commission may by authority of Article 1269m,
Section 5a,individually or jointly receivewritten statements,oral
statements,or make any other relevant investigation necessary to de
termine the question raised.The determination of whether just cause
existed orthe legal sufficienty thereof,may be made at any regular
or called meetingof the Commission and reduced to writing within
thirty (30)days.
Section 4:Pursuant to Section 8-15 of the Code ofOrdinances of the City
of Baytown,the Commission shall cause these amendments tobe printed and made
available upon demand.
Section 5:Repealing Clause:All ordinances orpartsof ordinances incon
sistent with the terms of this ordinance are hereby repealed;provided,however,
that such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of otherordinances regulating
and governing the subject matter covered by this ordinance.
Section 6:Savings Clause:If any provision,section,exception,sub
section,paragraph,sentence,clause or phrase of this ordinance or the application
of same to any person or set of circumstances,shall for any reason be held
unconstitutional,void or invalid,such invalidity shall not affect the validity
of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance
are declared to be severable.
Section 7:Effective Date:This ordinance shall take effect from and
after its passage by the City Council of the Cityof Baytown.
INTRODUCED,READ and PASSED bythe affirmative vote of the City Council
of the City of Baytown,this the 19th day of December ,1974.
TOM GENTRY,Mayor \/
ATTKH":
EDNA OLIVER,City Clerk
APPROVED:
City Attorney
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