2013-16

ORDINANCE ELIMINATING A LIEUTENANT POSITION WITHIN THE POLICE DEPARTMENT IN ORDER TO RESTRUCTURE SAID DEPARTMENT TO BETTER SERVE THE CITIZENS OF MARION AND DECLARING AN EMERGENCY

WHEREAS, the Administration has identified an opportunity to eliminate one of twelve Lieutenant positions within the Police Department in order to restructure to better serve the citizens of the City of Marion, and

WHEREAS, the Council having heard from the Chief of the Department affirms his opinion that the elimination of one Lieutenant position will better serve the City,

BE IT ORDAINED by the Council of the City of Marion, Ohio: Marion County,

Section 1. The Council hereby eliminates one of twelve Lieutenant positions within the Police Department in order to allow the Chief to restructure the Department to better serve the people of the City of Marion, Ohio. Said position shall be eliminated effective 8:00 AM, April 3, 2013. The Human Resource clerk shall be authorized and is directed to ensure that all City records are conformed to take into account the elimination of the aforementioned position, including but not limited to providing notice to the Marion Civil Service Commission.

This action taken in order to effectively eliminate the twelfth existing Lieutenant position within the Police Department consistent with O.R.C. 124 et. al. in that the elimination is effective upon the time set forth in the paragraph above and specifically not creating a vacancy in the twelfth Lieutenant position within the Department. Avoiding any necessity to fill and then demote to accomplish the intended end. The power to create a civil service position includes the power to abolish it. Weston v. Ferguson (1983), 8 Ohio St.3d 52, 8 OBR 523, 457 N.E.2d 818.

Section 2. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, welfare and safety of the City of Marion and the inhabitants thereof, and due to immediate need to provide for the elimination in relation to the upcoming vacancy of same, and as such, shall take effect and be in force immediately upon its passage and approval by the Mayor, provided it receives the affirmative vote of two-thirds of all members elected to Council; otherwise it shall become effective from and after the earliest period allowed by law.

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APPROVED: Dave Edwards
President of Council

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Mayor Scott Schertzer


ATTEST:

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Clerk of Council