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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 Chapter 2.24 Repealed CHAPTER 2.24 Personnel Merit System of the Avon Municipal Code is hereby repealed in its entirety.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