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Ord 2012-91ORDINANCE NO. 91 AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT AMENDING THE OPERATIONS CODE TO EXPAND THE SCOPE OF RESPONSIBILITY OF THE GENERAL MANAGER AND PROVIDING FOR PERSONNEL RULES AND A DISTRICT EMPLOYEE HANDBOOK WHEREAS, the Board has appointed a General Manager and does hereby desire to clarify and expand the authority given to the General Manager to serve as the District's Personnel Officer; and WHEREAS, the Board has adopted Personnel Rules to govern the rights and duties of employees and related matters; and WHEREAS, the Board has also authorized the General Manager to adopt Administrative Regulations covering administrative matters; and WHEREAS, th�Board does hereby desire to ratify the Personnel Rules as set forth in the attached District Employee Handbook and to provide the General Manager with further authority to amend the District Handbook or, by Administrative Regulation, to supplement or interpret the Personnel Rules, provided no significant increase or decrease in benefits are thereby afforded; and WHEREAS, the Board does further desire to provide the General Manager with increased authority to amend the District Employee Handbook or Administrative Regulations whenever necessary to comply with the law, including changes to the law; NOW, THEREFORE, the Board of Directors does hereby ORDAIN as follows: Section 1. That Section 3.02.010 of the Costa Mesa Sanitary District Operations Code is amended to read as follows: "3.02.010. General Manager. The Board may appoint a General Manager to plan, manage, and operate the District and to report to the Board. The General Manager's duties shall also include acting as the Personnel Officer, whereby he will hire and fire, develop classification plans, adopt organization charts, and perform other duties related to personnel matters. Said duties may be more fully set forth in the District's job description for said position and in any employment contract with said person which shall be kept with the District's official records." Section 2. That Section 3.02.060 of the Costa Mesa Sanitary District Operations Code is amended to read as follows: "3.02.060. Personnel Rules and Administrative Regulations. The Board has adopted the Personnel Rules and the District Employee Handbook incorporating those rules. The General Manager is authorized to make minor revisions to that Handbook and issue Administrative Regulations further clarifying those rules provided that no significant increases or decreases in compensation are made thereby. The General Manager shall also be authorized to make changes when required by the law." Section 3. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordnance would have been adopted and made a part of this Ordinance without the adoption of any other portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 4. Pursuant to. Health and Safety. Code Sections 6490 and 6491.3, the District Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law. PASSED and ADOPTED this 28r day of JUNF! .1 2012. SecrCtary APPROVED AS TO FORM District Counsel President STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) f, Scott Carroll, Clerk of the Costa Mesa Sanitary District, hereby certify that the above foregoing Ordinance No. 91 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 28 day of June 2012 by the following vote: AYES: President Ooten, Directors Ferryman, Scheafer, Fitzpatrick, and Perry NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 28 day of June 2012 Clerk ofthe'Costa'T,Vlesa^:Sanitary District 1.: i