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ORDINANCE NO. __________
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LANCASTER, CALIFORNIA, AMENDING
SECTIONS 2.56.070 AND 2.56.090 OF THE LANCASTER
MUNICIPAL CODE CLARIFYING THAT THE CITY
MANAGER IS VESTED WITH THE AUTHORITY TO
APPOINT, REINSTATE, TRANSFER, PROMOTE, LAYOFF,
DEMOTE, REDUCE THE PAY OF, OR SUSPEND WITH OR
WITHOUT PAY ANY EMPLOYEES, AND TO ABOLISH
POSITIONS OR EMPLOYMENT ENTIRELY
WHEREAS, on June 4, 1979, the City Council (“City Council”) of the City of Lancaster (“City”) adopted Ordinance No. 121, which added Sections 1-1.01 through 1-1.14 to the Lancaster Municipal Code (“LMC”) adopting a personnel system for the City and vesting in “any appointing power” the authority to demote, dismiss, reduce the pay of, or suspend with or without pay any regular employees, and vesting in the City Council the authority to abolish any position or employment;
WHEREAS, Sections 1-1.01 through 1-1.14 were subsequently changed to Sections 7-1 through 7-10;
WHEREAS, on March 1, 1982, the City Council adopted Ordinance No. 256, which repealed Ordinance No. 121 and amended Chapter 7 vesting in “[t]he City Manager or any municipal officer” the authority to appoint, reinstate, transfer, promote, layoff, demote, reduce the pay of, or suspend with or without pay any employees, and separately vesting in the City Council the authority to abolish any position or employment; WHEREAS, Code sections 2.56.070 and 2.56.090, as presently drafted, may be interpreted in a manner inconsistent with the City Council’s longstanding intent and practice that the City Manager is vested with the authority to appoint, reinstate, transfer, promote, layoff, demote, reduce the pay of, or suspend with or without pay any employees, as well as the authority to abolish any position or employment;
WHEREAS, the City Council now desires to amend Sections 2.56.070 and 2.56.090 to clarify its longstanding intent and practice that the authority to appoint, reinstate, transfer, promote, layoff, demote, reduce the pay of, or suspend with or without pay any employees, and to abolish positions or employment entirely, is vested in the City Manager.
WHEREAS, this Ordinance must take effect immediately as an urgency ordinance to preserve the public peace, health and safety and to conform to the City’s budget adoption and implementation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 2.56.070 of the Lancaster Municipal Code is hereby amended to read as follows:
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“2.56.070. – Authority to make appointments and
changes in employment status.
The city manager is vested the power to appoint, reinstate, transfer, promote, layoff, demote, reduce in pay, suspend with or without pay or discharge employees and shall retain such power, subject to the provisions of this chapter and other personnel rules.” Section 2. Section 2.56.090 of the Lancaster Municipal Code is hereby amended to read as follows:
“2.56.090. – Layoff.
Whenever in the judgment of the city manager it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the city manager may abolish any position or employment and the employee holding such position or employment may be laid off without the right of appeal, subject to the provisions of this chapter and the personnel rules.” Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Lancaster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 4.This Ordinance is hereby declared an urgency measure pursuant to section 36937(b) of the California Government Code and shall be effective immediately upon adoption by a four-fifth (4/5th) vote of the City Council.
Section 5.The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard.
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was introduced and adopted as an urgency measure pursuant to section 36937(b) of the California Government Code at a regular meeting of the City Council on the _____ day of __________, 2025 by the vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, __________________________, ____________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
____________________________________
(seal)