Emergency Ordinance

NOTICE
EMERGENCY
ORDINANCE ADOPTED
TO: CITIZENS OF THE CITY OF FAIRMONT
The Council for the City of Fairmont at its regular meeting held September 22, 2015, introduced, publicly read and adopted the following Emergency Ordinance:
EMERGENCY
ORDINANCE NO. 1661
AN EMERGENCY
ORDINANCE OF THE COUNCIL OF THE
CITY OF FAIRMONT PROVIDING FOR THE 2ND RE-ENACTMENT OF EMERGENCY
ORDINANCE NO. 1644, WHICH PROVIDED
FOR A PLAN OF
CONTINUITY OF
OPERATIONS
WHEREAS, by Emergency Ordinance No 1644 duly adopted on July 9, 2015, the Council for the City of Fairmont adopted a plan for the continuity of operations in light of the resignation of Jay Rogers as City Manager, until such time as new city manager is selected, qualified and appointed.
WHEREAS, said emergency ordinance was re-enacted on July 28, 2015, and shall stand repealed as of September 26, the 61st day following the date on which it was re-enacted.
WHEREAS, it does not appear that a new city manager will be selected, qualified and appointed by the aforementioned date, and that it is necessary to provide for a 2nd re-enactment of Emergency Ordinance No. 1644 for an additional sixty-day period.
WHEREAS, this ordinance is deemed as an emergency ordinance pursuant to the provisions of Section 2.14 of the Charter for the City of Fairmont and West Virginia Code §8-11-4.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF FAIRMONT THAT EMERGENCY ORDINANCE NO. 1644, DULY ADOPTED ON June 9, 2015, BE AND IS HEREBY RE-ENACTED IN ITS ENTIRETY AS FOLLOWS:
SECTION 1. Finding of Emergency: Council hereby finds that the void which has been created by the resignation of the city manager effective June 19, 2015, at 4:30 p.m., has created a public emergency affecting life, property, and the public peace, which emergency will continue to exist until such time as a replacement City Manager is selected, qualified and appointed according to law;
SECTION 2. Approval of Plan: In conjunction with other action taken or to be taken by Council, the plan, hereinafter set forth, and the temporary reassignment, reallocation and combination of duties, responsibilities and departments among certain city employees is the minimum required to meet said emergency and to provide for continuity of operations and to preserve life, property and the public peace, until a replacement city manager is selected, qualified and appointed.
The plan is in the best of the City of Fairmont and is hereby approved.
SECTION 3. Plan of Continuity of Operations: The plan of continuity of operations entitled “City Manager Transition Proposal – Interim City Manager and Subordinate Reporting,” dated May 26, 2015, is attached hereto and made a part hereof and incorporated by reference as if fully set out verbatim herein.
SECTION 4. Authorization: The City Administration be and is hereby authorized and empowered to take all steps necessary to implement the plan herein approved and to provide for the temporary reassignment and reallocation of duties among and between the positions and persons described.
SECTION 5. Severability: All of the parts of the plan are deemed severable, and if any provision or part thereof shall be deemed invalid, or unlawful or inapplicable to any person or circumstances, such invalidity or inapplicability, shall not affect or impair the remaining parts thereof.
SECTION 6: Effective Dates: This Emergency Ordinance shall become effective on adoption and shall automatically stand repealed as of the 61st day following the date on which it is adopted.
This EMERGENCY ORDINANCE adopted this the 22nd day of September, 2015.
Ronald J. Straight, Sr.
MAYOR
ATTEST: Paula Friend
INTERIM CITY CLERK
Keller
Additional Duties:
Interim City Manager
Liason to Council
Communication to Public
Supervision of HR/Purchasing
Supervision of Marketing
Consolidate Weekly Report to Council
Approve Dept Heads’ payroll
Bi-Weekly Adjustment: $1,211.04
Sansalone
Additional Duties:
Supervision of Utilities
Supervision Police
Supervision Fire
Supervision Code
Departmental reporting-Weekly Report to Interim City Manager
Bi-Weekly Adjustment: $952.51
Layman
Additional Duties:
Supervision of Public Works
Supervision of Planning
Departmental reporting-Weekly Report to Interim City Manager
Bi-Weekly Adjustment: $733.69
Friend
Additional Duties:
Part time Interim City Clerk
Attending Council meetings
Sign official documents as City Clerk
Bi-Weekly Adjustment: $341.05
Copies of the proposed Ordinance are available in the City Clerk’s Office, Room 312, 200 Jackson Street, Fairmont, WV.
The purpose of the adoption of the Emergency Ordinance is to provide for a temporary plan to fill the void in the administration of the City which has been created by the resignation of the City Manager effective June 19, 2015. In conjunction with other action taken by Council, the plan provides for the reassignment, reallocation and combination of duties, responsibilities and departments among certain city employees and is the minimum required to meet the emergency and to provide for continuity of operations and to preserve life, property and the public peace, until a replacement city manager is selected, qualified and appointed. This emergency ordinance shall remain in effect for a period of 60 days.
Given under my hand this the 22nd day of September, 2015.
Paula Friend
Interim City Clerk
Times: September 28, 2015