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HomeMy WebLinkAbout040 - 04/20/2010 - AMENDING SECTION 2-582 OF THE CITY CODE PERTAINING TO THE CREATION AND ELIMINATION OF DEPUTY AND ASS ORDINANCE NO. 040, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-582 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE CREATION AND ELIMINATION OF DEPUTY AND ASSISTANT CITY ATTORNEY POSITIONS WHEREAS, Article III, Section 2 of the City Charter specifies the powers and duties of the City Manager and includes the power and duty to appoint and, when necessary for the good of the service, remove all heads of service areas and employees of the City except as otherwise provided by the Charter; and WHEREAS, Article VI, Section 1 of the City Charter, pertaining to the appointment of the City Attorney, states that Assistant and/or Deputy City Attorneys may be appointed as determined by the Council and they shall perform duties as assigned by the City Attorney; and WHEREAS, Section 2-582 of the City Code currently states that all Deputy and Assistant City Attorney positions shall be approved by the City Council; and WHEREAS, the City Council believes that Council approval of individual positions of employment in the City is inconsistent with the City Council's role under Article II, Section 5 of the City Charter as the policymaking body of the City and that the City Attorney should be authorized to create and eliminate Deputy and Assistant City Attorney positions as he or she deems necessary to meet the legal services needs of the City as long as sufficient funds have been appropriated by the City Council and are available to defray the costs associated with such positions. NOW,THEREFORE,IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-582(a) of the City Code is hereby amended so as to read in its entirety as follows: See. 2-582. Salary and employment status of Deputy and Assistant City Attorneys. (a) Deputy and Assistant City Attorney positions may be approved and filled by the City Attorney as he or she deems necessary to meet the legal services needs of the City and to fulfill the duties of the City Attorney as specified in Article VI, Section 2 of the City Charter, so long as sufficient funds have been appropriated and made available by the City Council to defray the costs associated with such positions. All Deputy and Assistant City Attorneys shall serve at the pleasure of the City Attorney, and shall have the same benefits,privileges,terms and conditions of employment as unclassified management employees of the City, except for such exceptions, additions or modifications thereto as the City Attorney, in his or her discretion,may deem necessary or advisable for the efficient operation of the Office of the City Attorney. Introduced,considered favorably on first reading,and ordered ublished this 6th day of April, A.D. 2010, and to be presented for final passage on the 20th d of pril, A.D. 2010. P - Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of il,/A.D. 2010. A ayor ATTEST: City-Clerk