TC Ord. No. 2012-09 Repealing chapter 2.24 of the AMC regarding personnel merit systemTOWN OF AVON, COLORADO
ORDINANCE NO. 12 -09
SERIES OF 2012
AN ORDINANCE REPEALING CHAPTER 2.24 OF THE AVON MUNICIPAL CODE
REGARDING THE PERSONNEL MERIT SYSTEM
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the electors in the Town of Avon approved an amendment of Chapter IX
Personnel of Town of Avon Home Rule Charter at the November 1, 2011 general election which
eliminated Section 9.1 Personnel Merit System and replaced such section with 9.1 Town
Employment Status; and
WHEREAS, the Town Council finds that the regulation of Town personnel is a matter of
local concern; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHERAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Chapter 2.24 Repealed CHAPTER 2.24 Personnel Merit System of the Avon
Municipal Code is hereby repealed in its entirety.
Section 3 . Codification Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
Ord 12 - Repealing Ch. 2.24
7 -3 -2012 mvh
Page 1 of 3
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date This Ordinance shall take effect thirty days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[Signature Page Follows]
Ord 12 - Repealing Ch. 2.24
7 -3 -2012 mvh
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 14,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on July 24, 2012.
r ,.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APP VED AS TO
P -l i z - Z�) MC
Pat M Kenny, o Clerk Eric J. H ' , own Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on August 14, 2012.
r"
Rich Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
Ord 12 - Cft Repealing Ch. 2.24
7 -3 -2012 mvh
Page 3 of 3
�pW N�OF
ATTEST:
Patt envy,
Jerk g jt4I,
Ord 12 - Cft Repealing Ch. 2.24
7 -3 -2012 mvh
Page 3 of 3
MEMORANDUM
TO: Honorable Mayor Carroll and Town Council Members
CC: Patty McKenny, Acting Town Manager; Karyne Spadi, Human Resources Director
FROM: Meredith Van Horn, Assistant Town Attorney
THRU: Eric Heil, Town Attorney
RE: Repeal of Ch. 2.24 of the Avon Municipal Code - Personnel Merit System
DATE: August 7, 2012
Summary: Amendments to the Town of Avon Home Rule Charter ( "Charter') were approved by
the Avon electorate at the November 1, 2012 election. The amendments included revisions to
Chapter IX Personnel. Chapter IX Section 9.1 was revised to eliminate the requirement to
establish a Personnel Merit System and adopted new language which defined Town Employment
Status as "at will" employment. In light of the amendment to Chapter IX of the Charter, Chapter
2.24 of the Avon Municipal Code regarding the Personnel Merit System is no longer required by
the Avon Home Rule Charter and is inconsistent with the new language in the Home Rule Charter
and the adopted Town Employee Handbook; therefore, repeal of Chapter 2.24 is recommended.
Ordinance 12 -09 was approved on first reading at the July 24, 2012 meeting. It is now
presented for second and final reading and a public hearing must be held.
Requested Action: Approval of second reading of Ordinance No. 12 -09 AN ORDINANCE
REPEALING CHAPTER 2.24 OF THE AVON MUNICIPAL CODE REGARDING THE PERSONNEL
MERIT SYSTEM
Proposed Motion: "I move to approve the second reading of Ordinance 12 -09 AN ORDINANCE
REPEALING CHAPTER 2.24 OF THE AVON MUNICIPAL CODE REGARDING THE PERSONNEL
MERIT SYSTEM."
Thank you, Meredith
Heil Law & Planning, LLC Office: 303.993.4608
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E -Mail: meredith @heillaw.com
TOWN OF AVON, COLORADO
ORDINANCE NO. 12-09 _.
SERIES OF 2012
AN ORDINANCE REPEALING CHAPTER 2.24 OF THE AVON MUNICIPAL CODE
REGARDING THE PERSONNEL MERIT SYSTEM
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the electors in the Town of Avon approved an amendment of Chapter IX
Personnel of Town of Avon Home Rule Charter at the November 1, 2011 general election which
eliminated Section 9.1 Personnel Merit System and replaced such section with 9.1 Town
Employment Status; and
WHEREAS, the Town Council finds that the regulation of Town personnel is a matter of
local concern; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHERAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Chapter 2.24 Repealed CHAPTER 2.24 Personnel Merit System of the Avon
Municipal Code is hereby repealed in its entirety.
Section 3. Codification Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
Ord 12 -09 Repealing Ch. 2.24
8 -07 -2012 mvh
Page 1 of 3
the invalid provision or application, and to this end the provisions of this Ordinance are declared
_ to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date This Ordinance shall take effect thirty days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[Signature Page Follows]
Ord 12 -09 Repealing Ch. 2.24
8 -07 -2012 mvh
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 14,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on July 24, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric J. Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on August 14, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -09 Repealing Ch. 2.24
8 -07 -2012 mvh
Page 3 of 3
0 mm FUN MM MEMORANDUM
TO: Honorable Mayor Carroll and Town Council Members
CC: Patty McKenny, Acting Town Manager; Karyne Spadi, Human Resources Director
FROM: Meredith Van Horn, Assistant Town Attorney
THRU: Eric Heil, Town Attorney
RE: Repeal of Ch. 2.24 of the Avon Municipal Code - Personnel Merit System
DA TE: July 9, 2012
Summary: Amendments to the Town of Avon Home Rule Charter ( "Charter') were approved by
the Avon electorate at the November 1, 2012 election. The amendments included revisions to
Chapter IX Personnel. Chapter IX Section 9.1 was revised to eliminate the requirement to
establish a Personnel Merit System and adopted new language which defined Town Employment
Status as "at will" employment. In light of the amendment to Chapter IX of the Charter, Chapter
2.24 of the Avon Municipal Code regarding the Personnel Merit System is no longer required by
the Avon Home Rule Charter and is inconsistent with the new language in the Home Rule Charter
and the adopted Town Employee Handbook; therefore, repeal of Chapter 2.24 is recommended.
Requested Action: Approval of first reading of Ordinance No. 12- AN ORDINANCE REPEALING
CHAPTER 2.24 OF THE AVON MUNICIPAL CODE REGARDING THE PERSONNEL MERIT SYSTEM
Proposed Motion: "I move to approve the first reading of Ordinance 12- AN ORDINANCE
REPEALING CHAPTER 2.24 OF THE AVON MUNICIPAL CODE REGARDING THE PERSONNEL
MERIT SYSTEM."
Thank you, Meredith
Heil Law do Planning, LLC Office: 303.993.4608
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E -Mail: meredith @heillaw.com
TOWN OF AVON, COLORADO
ORDINANCE NO. 12-
SERIES OF 2012
AN ORDINANCE REPEALING CHAPTER 2.24 OF THE AVON MUNICIPAL CODE
REGARDING THE PERSONNEL MERIT SYSTEM
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the electors in the Town of Avon approved an amendment of Chapter IX
Personnel of Town of Avon Home Rule Charter at the November 1, 2011 general election which
eliminated Section 9.1 Personnel Merit System and replaced such section with 9.1 Town
Employment Status; and
WHEREAS, the Town Council finds that the regulation of Town personnel is a matter of
local concern; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHERAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2, Chapter 2.24 Repealed CHAPTER 2.24 Personnel Merit System of the Avon
Municipal Code is hereby repealed in its entirety.
Section 3 . Codification Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severahility If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
Ord 12 - Repealing Ch. 2.24
7 -3 -2012 mvh
Page 1 of 3
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date This Ordinance shall take effect thirty days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[Signature Page Follows]
Ord 12 - - Repealing Ch. 2.24
7 -3 -2012 mvh
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 14,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on July 24, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric J. Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on August 14, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 - - Repealing Ch. 2.24
7 -3 -2012 mvh
Page 3 of 3