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G29-10 (2) • Ordinance No. G29-10 r AN ORDINANCE AMENDING TITLE 2 ENTITLED "ADMINISTRATION AND PERSONNEL" AND TITLE 3 ENTITLED "BOARDS AND COMMISSIONS" OF THE ELGIN MUNICIPAL CODE 1976, AS AMENDED WHEREAS, the City of Elgin is a Home Rule Unit, and may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, the hiring, promotion, transfer, demotion or removal or discharge of City employees pertains 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 Chapter 2.12 of the Elgin Municipal Code, 1976, as amended, entitled "City Manager," be and is hereby further amended by amending Section 2.12.030 thereof, entitled, "Hiring of Employees," to read as follows: "Except as otherwise specifically provided by city ordinances, including, but not limited to, Chapter 3.08 of this code providing for appointments to the police department and fire department, the city manager shall hire, promote and transfer all employees authorized by the city council at such compensation as may be set or authorized by the city council. Except for at-will employees, and except as otherwise specifically provided for by City ordinances, including, but not limited to, Chapter 3.08 of this Code providing for appointments to the Police and Fire Departments, and except as otherwise specifically provided for in any applicable provisions in a then-current Collective Bargaining Agreement, all newly hired employees, and those employees rehired after loss of seniority, shall be considered probationary employees until they have successfully completed a probationary period of six (6) months, as may be adjusted for any unauthorized, unpaid leaves of absence or other unpaid breaks in service. During their probationary period, a probationary employee may be disciplined, discharged, laid off or otherwise dismissed at the sole discretion of the City Manager. 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, promote or transfer employees so authorized. The provisions of this section shall be in lieu of and shall supersede any and all provisions relating to city employees in the classified civil service in the Civil Service in Cities Act at 65 Illinois Compiled Statutes 5/10-1-1 et seq., as amended." r Section 2. That Chapter 2.12 of the Elgin Municipal Code, 1976, as amended, entitled ribb "City Manager," be and is hereby further amended by amending Section 2.12.035 thereof, entitled"Discharge of Employees and Disciplinary Measures,"to read as follows: "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, demotion 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, demotion 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 Illinois Compiled Statutes 5/10-1-1 et seq., as amended." Section 3. That Chapter 3.04 of the Elgin Municipal Code, 1976, as amended, entitled "Civil Service Commission," be and is hereby repealed. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. l' IRI -1-2". d Schock, Mayor Presented: June 23, 2010 . . F Passed: June 23, 2010 ___�, / Omnibus Vote: Yeas: 6 Nays: 0 Recorded: June 24, 2010 0 Published: June 25, 2010 Attest: s Diane Robertson, Cit Clerk r