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Ordinance Number 965ORDINANCE NO. 965 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING ARTICLE 5 TO CHAPTER 5 OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO THE CITY CLERK'S OFFICE. Whereas, Employees are assigned to the City Clerk function of the City as deemed appropriated through the City's budget process. Whereas, the City Council desires to provide to the City Clerk the authority of appointment, demotion, removal, and discipline of all employees assigned to the City Clerk's function. Whereas, the employees of the City Clerk would continue to be subject to the City's personnel system as outlined in Article 4 of Chapter 5 of Title 2 of the San Juan Capistrano Municipal Code, commencing with Section 2-5.401 (Personnel System). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article 5 is hereby added to Chapter 5 of Title 2 of the San Juan Capistrano Municipal Code to read as follows: Article 5. City Clerk Sec. 2-5.501. Appointments. Notwithstanding any provision of this chapter to the contrary, the City Clerk shall have appointment authority over all employees assigned to the City Clerk's functions. All other provisions of this chapter not in conflict with this section shall apply to employees appointed by the City Clerk. Section 2. Severability. If any section, subsection, clause or phrase of this Ordinance or any park thereof is for any reason held to be invalid, unconstitutional or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. Section 3. Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office 0965 of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED thjs 15"tlay/of December, 2009. . LONDRES USO, MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 965 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 1st day of December 2009 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 15 t day of December 2009 by the following vote, to wit: AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese, and. Mayor Uso NOES,. ) COU.CIL MEMBERS: None ABSENI´┐Ż COUNCIL MEMBERS: None MAf,INMORRIS, Citv C 2 0965 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 2nd day of December 2009, at least 5 days prior to December 15, 2009, the date of adoption of the ordinance, I caused to be posted, in the City Clerk's Office a certified copy of the proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN.JUAN CAPISTRANO, CALIFORNIA, ADDING A TICLE 5 TO CHAPTER 5 OF TITLE 2 OF THE SANJUAN CAPI T 0 MUNICIPAL CODE PERTAINING TO THE CITY CLERK'S/OF ,, Sari STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO j r TRRIS, CITw CLERK an Capistrarif, alifornia AFFIDAVIT OF POSTING I, MARIA MORRIS, declare as follows That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California. On the 17th day of December 2009 1 caused to be posted, in the City Clerk's office, a certified copy of Ordinance No. 965, adopted by the City Council on December 15, 2009 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING ARICLE 5 TO CHAPTER 5 OF TITLE 2 OF THE SAN JUAN CAP,I'STR A N` MUNICIPAL CODE PERTAINING TO THE CITY CLERK'S dFFIb' t1/ MARIA -MORRIS, CITY San Juan Capistrano, ( ria 3 0965