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G64-03 Ordinance No. G64-03 AN ORDINANCE AMENDING CHAPTER 2 . 12 ENTITLED "CITY MANAGER" AND CHAPTER 3 . 04 ENTITLED "CIVIL SERVICE COMMISSION" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the procedures relating to the appointment, discharge and discipline for city employees pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 2 . 12 . 030 of the Elgin Municipal Code, 1976, as amended, entitled "Hiring and Discharge of Employees" be and is hereby amended to read as follows : "2 . 12 . 030 : HIRING OF EMPLOYEES : eft. Except as otherwise specifically provided by city ordinances, including, but not limited to, Chapter 3 . 04 providing for appointments of employees within the classified civil service and Chapter 3 . 08 providing for appointments to the police department and fire department, the City Manager shall hire all employees authorized by the City Council to be hired, at such compensation as may be set or authorized by the City Council . All employees shall perform their duties subject to the direction of the City Manager or that of the superior to whom the Manager may assign such employee . The Manager may, however, delegate to any other official or employee the authority to hire employees so authorized. " Section 2 . That Chapter 2 . 12 entitled "City Manager" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding a new Section 2 . 12 . 035 thereto entitled "Discharge of Employees and Disciplinary Measures" . "2 . 12 . 035 : DISCHARGE OF EMPLOYEES AND DISCIPLINARY MEASURES : Except as otherwise specifically provided by city ordinances, the City Manager is authorized and empowered to discharge all city employees and to exercise and enforce disciplinary measures against all city employees. Such disciplinary measures against city employees may include suspension without pay or removal or discharge . The authority of the City Manager to impose disciplinary punishment shall not be limited to the methods described above, namely, suspension or removal or discharge. Discipline for city employees in a collective bargaining unit shall also be subject to any applicable provisions in the then-current collective bargaining agreement . The provisions of this section shall be in lieu of and shall supersede the provisions relating to disciplinary procedures and disciplinary hearings for city employees in the classified civil service in the Civil Service in Cities Act at 65 ILCS 5/10-1-1, et seq. , as amended, and in lieu of disciplinary proceedings before the civil service commission. " Section 3 . That Section 3 . 04 .020 of the Elgin Municipal Code, 1976, as amended, entitled "Power and Duties" be and is hereby further amended by adding a new Subparagraph I thereto which reads as follows : "I . Discipline for employees within the classified civil service shall be provided for as set forth in r"° Section 2 . 12 . 035 of this code, as amended. Such ordinance provisions shall be in lieu of and shall supersede the provisions relating to disciplinary procedures and disciplinary hearings for employees in the classified civil service in the Civil Service in Cities Act at 65 ILCS 5/10-1-1, et seq. , as amended, and in lieu of disciplinary proceedings before the civil service commission. " Section 4 . That this ordinance shall be in full force and effect upon its passage in the manner provided by law. E Schock, Mayor Presented: July 9, 2003 Passed: July 9, 2003 Omnibus Vote: Yeas : 5 Nays : 0 Recorded: July 10, 2003 Published: Attest : 01497t4"10 fitiell-s-,-- Dolonna Mecum, City Clerk