Marion Ordinance Chapter 2

Chapter 2
ADMINIS’TRATION*
Art. I. In General, §§ 2-1-2-15
Art. II. The Council, §§ 2-16-2-46
Div. 1. Generally, §§ 2-16-2-28
Div. 2. Meetings, §§ 2-29-2-46
Art. III. Officers, §§ 2-47-2-134
Div. 1. Generally, §§ 2-47-2-68
Div. 2. Mayor, §§2-69–2-80
Div. 3. City Administrator,§§ 2-81-2-93
Div. 4. Clerk, §§ 2-94-2-106
Div. 5. Treasurer, §§ 2-107-2-115
Div. 6. Attorney, §§ 2-116-2-134
Art. IV. Legislation, §§ 2-135-2-163
Div. 1. Generally, §§ 2-135-2-145
Div. 2. Amendments to Code, §§ 2-146-2-163
Art. V. Claims Against City, §§ 2-164-2-171
Art~ V~. Personnel System, §§ 2.-172-2-179
Art. VI. Employee Benefits, §§ 2-180-2-192
Div. 1. Generally, §§ 2-180-2.;185
Div. 2. Social Security, §§ 2-186-2-192
ARTICLE I. IN GENERAL
Sec. 2-1. Corporate status and powers generally.
The city is constituted. a chartered body politic and corporate,
having authority under its charter and the general
laws of the state to use an official seal, which may at any time
be changed, having perpetual succession under the name of
Marion or any other name which it may hereafter assume;
shall sue and be sued, .contract and be contracted with;
acquire property by purchase, gift, devise or appropriation,
for any city purpose authorized by law ; and the same shall
be managed and controlled by the authorities of the city,
under the laws of the state and the rules. regulations,- resolutions and ordinances provided, or hereafter to be provided,
by the city council; and is invested under the municipal laws with fun powers, duties and authority. (Code 1916, § 35)
State law reference-Similar provisions,. Code of Ala., Tit. 37, § 1.
*’Cross reference-Civil defense organization, § 7-16 et seq.
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§ 2-2 MARION CODE
Sec. 2-2. Seal: Design; use; custody.
(a) The city shall have an official seal in the center of
which shall be the words, “City Seal,”and around the margin
of which shall be the words, “City of Marionl,Alabama.”
Such other words, figures of objects maybe engraved or
placed thereon as the council may determine. ,’, ,
(b) The cit~T seal shall be. affixed” to all CO:1veyallces” of
real estate, ·contracts with public service corporations, authentications,
copies of city ordinances, resolutions, minutes,
orders, certificates, etc., and all evidences of municipal indebtedness
for money borrowed; “however, failure to use the
city seal shall not invalidate any transaction with or contract
of the city.
(c) The city clerk shall have the care and custody ,of the
city seal. (Code 1916, § 36)
State law references-City seal required, Code of Ala., Tit. 37, § 429;
custody of seal, Code of Ala.~ Tit. 37, § 421.
Sec. 2-3. Manner of payment of funds to the city.
All moneys due to the city or any department thereof
shall be paid directly to the city treasurer, except that the
mayor may .also receive· such moneys, provided he promptly
accounts to the city treasurer for the funds; and no moneys
shall be collected by departments or officials of the city
except as provided in this Code.
State law reference-Similar provisions, Code of Ala., lIlt. 37,§ 449.
Sees. 2-4-.;.2-15. Reserved.
ARTICLE II. THE COUNCIL*
DIVISION 1. GENERALLY
Sec. 2,-16. Composition.; terms of office.
The council shall consist of a mayor and five (‘5)
councilmen who shall be elected from the city ,at large by
*State law references-The council, Code of Ala., Tit. 37, § 426 et seq.;
election, Code of Ala., Tit. 37,§ 34; qualifications, Code of Ala., Tit. 37, §
403.
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58
ADMINISTRATION § 2-20
the .qualified electors· of the city at general municipal
elections to be held on the second Tuesday in August, 1964,
and quadrennially thereafter.
Sec. 2-17. Designation of places; candidates to specify
place.
(a) The offices of the councilmen of the city are hereby
designated as follows:
(1) Councilman Place Number. One.
(2) Councilman Place Number Two.
(3) Councilman Place Number Three.
(4) Councilman Place Number Four.
(5) Councilman Place Number Five.
(b) Persons qualifying as candidates for the office of
councilman at the general municipal election to be held on
the second Tuesday in August, 1964, and quadrennially
thereafter, are hereby required to specify the place on the
council for which each is a candidate, and no person shall
be allowed to qualify as a candidate for more than one office
on the council.
State law reference-Requirement that candidate run for specific office,
Code of Ala., Tit. 37, § 34(22).
Sec. 2-18. When council to organize.
The mayor and the members of the council shall, on the
first Monday in October after their election, assemble and
organize the council. (Code 1916, § 39)
Sec. 2-19. Chairman pro tempore.
In case of the absence or disability of the mayor, the
functions of the office shall be exercised by the chairman
pro tempore of the council, and during his absence or
disability, by such person as the council may appoint from
its membership, which appointment must be entered upon
the minutes of the council. (Code 1916, § 42)
Sec. 2-20. Councilmen not to be appointed to city offices
nor be interested in city contracts.
No member of the council shall, during the time for which
he was elected, be appointed to any city office which has
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§ 2-20 MARION CODE

been or shall be created, 01″ the emoluments of which have
been or shall be increased, during the term for which he shall
have been elected. No member of the council shall be interested
directly or indireetly in any contract or job for
work or material or the profits thereof or services to be
performed for the city, except as provided by state law.
(Code 1916, § 282)
Sec. 2-21. To exercise other duties prescribed by law.
The council shall exercise all the powers and perform all
the duties not specifically prescribed in this Code, as are
prescribed by the laws of the state. (Code. 1916, §§ 39, 45)
State law reference-Powers, duties of ccuncil generally,
Code of Ala., Tit. 37, § 429.
Secs.2-22-·2-28. Reserved.
DIVISION 2. MEETINGS
Sec. 2-29. Etegular and special meetings.
There shaH be two (2) regular meetings of the council in
each month, and the presiding officer shall .call special
meetings whenever in his opinion the public interest may
require it, and whenever two (2) councilmen request him in
writing to call such meeting; upon the failure or refusal of
the presiding officer to call the meeting when .requested, the
two (2) councilmen making the request shall have the right
to call the meeting. (Code 1916, § 40)
Sec. 2-30. Time and place of meetings.
The council shall determine the time at· which its regular
meetings shall be held, and shall hold the meetings at the
city hall unless for cause it is not practicable to hold the
meeting there, in which event the council shall determine
the place of its meetings. (Code 1916, § 49)
Sec. 2-31. Quorum.
A majority of the whole number of the council, includin’g
the mayor, shall be necessary to constitute a quorum for the
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ADMINISTRATION § 2-46
transaction of business, but a smaller number may adjourn
the meeting from time to time until a quorum shall be
obtained.
Sec. 2-32. The council may compel attendance of its
members.
The council may compel the attendance of absent
members in such manner and under such penalties as it
may prescribe. (Code 1916, § 40)
Sec. 2-33. Mayor to preside.
The mayor shall preside. over all deliberations of the
council. At his discretion, he may vote as a member of the
,council on any question coming to a vote, except in case of a
tie, in which event he must vote. He shall appoint all
committees and decide all points of order. (Code 1916, § 281)
State law reference-Similar provisions, Code of Ala., Tit. 37, § 404.
Sec. 2-34. The council to determine rules of procedure.
The council shall determine the rules of its proceedings
and keep a journal thereof, which shall be open to the
inspection and examination of all citizens and shall have
the force and effect of a record; and a copy thereof, certified
by the city clerk, shall be prima facie evidence in any court
or elsewhere. (Code 1916, § 40)
Sec. 2-35. When councilmen disqualified to vote.
No member of the council shall be entitled to vote on any
question in v-rhich he or his employer. or his emDloyee. has a
special financial interest at the time of voting or was so
interested at the time of the councilman’s election.
Secs. 2-36-2-46. Reserved.
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§ 2-47 MARION CODE
ARTICLE III. OFFICERS*
DIVISION 1. GENERALLY
Sec. 2-47. A.ppointment of officers and e1l1lployees.
(a) The mayor and the council elected at any regular
election for such officers shall, at their first regular meeting after
their qualification, or as soon thereafter as practicable,
appoint a city clerk; city treasurer; a chief of police; a city
attorney; and from time to time appoint or employ such
other officers and employees as may be considered
necessary by the mayor and cound1.
(b) All other officers and employees shallb€ appointed by
the mayor, with the approval o-fthe counCil.
State law reference-Authority to appoint officers, Code of Ala., Tit.
37, § 404.
Sec. 2-48. Compensation of officers and employees.
The compensation of all officers and employees of the
city, including elected officials, shall be as established from
time to time by the council by resolution.
Sec. 2-49. Compensation not to be dimini.shed during
t.~rm of office.
The salary, fees, compensation, or emolurnents of any
officer of thle ~ity where an election or appointment is
required or authorized by the Code of AlabB.ma, Title 37,
shall not be increased nor diminished during the term for
which he shall have been elected or appointed, and no
gratuitous appropriation in any case shall be r(lade to or for
the benefit of such officer in addition to the regular
compensation of the office. (Code 1916, § 43)
State law refE’rence-Similar provisions, Code of Ala., Tit. 37, § 411.
*Cross references-Electrical inspector, § 8-16; recorder, § 18-2 et seq.
State law reference-Officers, council, employees, departments, Code
of Ala., Tit. 37, § ·4,03 et seq.
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~\
ADMINISTRATION § 2-52
Sec. 2-50. Oath of office.
All city officers shall subscribe to the following oath:
“I, , solemnly swear (or affirm, as
the case may be) that I will support the Constitution of the
United States, and the Constitution of the State of
Alabama, so long as I continue a citizen thereof; and that I
will faithfully and honestly discharge the duties of the office
upon which I am about to enter, to the best of my ability. So
help me God.” ‘
Sec. 2-51. Officers· handling city money or controlling
city property to be bonded; requirements
for surety; premium.
(a) All officers or employees handling money or exercising
authority over property of the city shall, before entering
upon the discharge of their duties, give bond, with surety, to
be approved by the mayor, in such penalty· as the council
may prescribe, conditioned for the faithful discharge of the
duties of the office and faithfully to account for all moneys
received.
(bY The bonds of city officers required by subsection (a)
shall be given in some standard surety company qualified to
do business in the state, which surety company is approved
by the mayor.
(c) The city shall pay the premiums on all bonds required
of city officers by subsection (a).
State law reference.,…..Similarprovisions, Codeof Ala., Tit. 37, § 415.
Sec. 2-52. Conditions ofofficer’s bond.
The bond of each city officer shall bind him and his
sureties, for the faithful discharge of any and all duties
which Inay be· imposed upon him by any provision of this
Code or other city ordinance adopted before or after the
execution of his bond, or imposed upon him by any rule of
his department or by any regulation or directions of his
superior officer; for the use of any or all persons who may be
injured by any wrongful act committed under color· of his
office, or for his failure or refusal to perform, or his
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§ 2-52 MARION CODE
negligent.performance of any of the dutiesof his office; and
for the breach of anyone of the conditions of his bond during
the period in which he shall discharge the duties of his office.
State law reference-Similar provisions, Code of Ala,. Tit. 41, 50.
Sec. 2-53. n.ecording and filing of officers’ bonds.
The city clerk shall record each officer’s bond in a book
kept for that purpose. The original, after being recorded,
shall be filed by him and carefully preserved.
State law rleference-Recordation and filing requlrements, Code of
Ala., Tit. 41, § 4G.
Sec. 2-54. When new or additional bondB required by
officers.
Should the council at any time deem the amount of any
official bond or the surety thereon insuffident, it shall
require a new or additional bond. for such officer, to be
executed within five (5) days. Upon the failure of any officer
to execute a new or additional bond within the time
specified, it shall be the duty of the mayor to report the
delinquency to the council for such action as it may deem
necessary.
Sec. 2-55. Official books and papers to be open to
public inspection.
Each officer or employee of the city shall, during office
hours, keep his official books and papers open to the
inspection of the public, and shall, when requested, submit
the books and records to any member of the councilor any
person authorized by the council to examine them.
Sec. 2-56. Form of receipts to be used by officers
generally.
No officer or employee of the city, charged with the
collection of city money, shall issue a receipt for the money,
except upon a special form, prescribed and furnished by the
city, which receipts shall be furnished by the city treasurer
with books fined with duplicate receipts; and the duplicate
carbon receipt system shall be used.
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ADMINISTRATION § 2-60
Sec. 2-57. Remittance ofcollected moneys~
All officers of the city, collecting or receiving moneys of
the city, shall pay over such moneys to the· city treasurer
instanter, with daily balances in all cases being required.
Sec. 2-58. Duty to turn over city property to successors
in office; inventory.
Each officer or employee of the city, upon the conclusion
of his term of office or employment, or when his successor is
elected and qualified, shall deliver to his successor, or to
such person as the council may designate, all books, papers,
accounts, moneys, tools, implements and all property of
every description pertaining to his office and belonging to
the city, and he shall be entitled to a receipt therefor. The
. successor, upon being installed in office, shall forthwith
make a complete written inventory of all books, papers,
accounts, moneys, tools and implements, and all property of
whatsoever description delivered to· him by his predecessor
in office, and shall file such inventory with the city clerk;
and the several officers of the city shall be held responsible
for all property so delivered to them or otherwise acquired,
and they shall protect it from damage, injury and waste.
Sec. 2-59. Filing monthly reports.
All city officers who are required to make monthly written
reports to the council shall file the reports with the city clerk
not later than the fifth day of each month.
Sec. 2-60. Removal of officer.
(a) Any person appointed toan office of the city may, for
cause, after a hearing, be removed by the officer making the
appointment.
(b) The council may remove any person for incompetency,
malfeasance, or nonfeasance in office, and for conduct
detrimental to good order, discipline, including habitual
neglect of duty in the several departments of the city.
State law reference-Similar provisions, Code of Ala., Tit. 37, § 414.
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§ 2-61 MARION CODE
Sec. 2-61. Conflicts of interest.
No officer or employee of the city shall be directly or
indirectly interested in any work, business or contract, the
expense, price or consideration of which is paid fro~ the
city treasury; nor shall any officer or employee of the cI~ybe
surety for any person having a contract, work or busIness
with the city for the perfOJrmance of which a surety may be
required.
State law reference-Similar provisions, Code of Ala., Tit. 37, § 451.
Secs. 2-62–2-68. Reserved.
DIVISION 2.1\1AYOR*
Sec. 2-69. To be chief executive officer; appointment
and removal of personnel.
The mayor shall be the chief executive officer of the city,
and shall have general supervision and control of all other
officers and the affairs of the city, except as otherwise
expressly provided; he shall have the power to appoint all
officers whose appointment is’ not otherwise provided for by
law; he may remove any officer for good caune except those
elected by the people, and fill the vacancy caused thereby,
permanently, if the appointment of such officer is made by
the mayor, and temporarily, if the officer was elected by the
council or appointed with its consent, in either of which last
two (2) cases, he must report the removal and his reasons
therefor “to the council at its next regular meeting, at which
time, if the eouncil shall sustain the aet of r,~moval by the
mayor by a Inajority vote of those elected to the council, the
vacancy shall be filled as provided in this section. (Code
1916, § 281)
Sec. 2-70. FHling vacancy in the office of the mayor.
In event of’ a vacancy from any cause in the office of
mayor, the council shall fill the vacancy either from its own
*Cross reference-Mayor’s emergency powers, § 7-34 et seq.
State law reflerences-The mayor, Code of Ala., Tit. 37, § 440 et seq.;
election, Code of Ala., Tit. 37, § 404,
66
ADMINISTRATION § 2-74
membership or from without the membership of the council.
The person elected by the council to fill the -vacancy in the
office of mayor shall be a qualified elector in the city and
must meet all other legal–qualifications required by law for
the performance of the duties of the office to which elected.
State law reference-Similar provisions, Code of Ala., Tit. 37, § 428.
Sec. 2-71. To -. sign· minutes -of the council and ordinances.
The mayor shall sign the minutes of the proceedings of
the council after they have been approved by the council,
and all resolutions and ordinances adopted by the council,
with the date of the adoption thereof.
Sec. 2-72. Administration, execution of contracts and
other documents.
The mayor shall see that .all contracts .with the city are
faithfully kept or performed, and he shall execute all deeds,
contracts and bonds required.in judicial proceedings for and
on behalf of the city, and no sureties shall be required on
the bond. (Code 1916, § 281)
Sec. 2-73. Annual audit; report.
The mayor, at least once a year, shall appoint an
independent public accountant or the department of
examiners of public accounts to conduct an examination in
accordance with generally accepted auditing standards of
all books and accounts of the city since the preceding
examination, and to make a full report thereof in writing,
under oath, to be submitted to the council at its first meeting
after the completion of the report, and the report shall be
spread upon the minutes of the council. For his services, the
independent public accountant or the department of
exaIlliners of public accounts shall be paid such sum as may
be agreed upon. (Code 1916, § 281)
Sec. 2-74. Additional duties generally.
The mayor shall- perform such other duties, in addition to
those prescribed in this Code, as may be required of him by
state law or the council. (Code 1916, § 281)
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§ 2-75 MARION CODE
Sees. 2-75-:2-80. Reserved.
DIVISION 3. CITY ADMINISTRATOR
Sec. 2-81. Office created.
There is hereby created the office of city administrator.
Sec. 2-82. Purpose of office.
The purpose of the office of the city administrator is to
provide the centralization of the administrative responsibilities
of the city.
Sec. 2-83. A.ppointment.
The city ad:ministrator shall be appointed by the mayor by
and with the iConsent of a majority of the city council.
Sec. 2-84. I)uties-Generally.
The city administrator shall be the administrative head of
the city government under the direction and control of the
mayor and city council and shall be responsible to the
mayor and city council for the efficient conduct of his office.
Sec. 2-85. Same-Enumerated.
The duties of the city admilnistratorshall be as follows:
(1) He shall make and keep up to date an inventory of all
property, real and personal, owned by thE’ city.
(2) He shall act as purcha.sing agent for the purchase of
all supplies, goods, wares and· merchandise, equipment
and material which may be required for the
various departments, divisions or serviceE: of the city.
(3) He shall keep the mayor and council fully advised as
to .the financial condition aLnd needs of the city and
shall hB responsible for and prepare the annual
estimate! of expenditures for presentation to the mayor
and council prior to the passage of the. annual
appropriation ordinance.
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ADMINISTRATION § 2-85
(4) To serve as public relations officer of the city
government, and in such capacity to endeavor to
investigate and adjust all complaints filed against any
employee,department, division or service thereof and
cooperate with ‘all community organizations whose
aim and purpose is to advance the best interests of the
city and its people and to attend meetings of such
organizations if in the judgment of the administrator
such attendance is necessary and desirable.
(5) To attend all meetings of the council with the duty of
reporting any matter concerning city affairs under his
supervision or direction and to attend such’ other
meetings of the city departments and officials as his
duties may require.
(6) To analyze the functions, duties and activities of the
various departments, divisions and services of the city
government and of all employees thereof, and to make
his recommendations regarding same to the mayor
and council.
(7) To carry out the mayor and council’s recommendations
in coordinating the administrative functions and
operations of the various departments.
(8) To procure facts and submit long-range improvements
to the mayor and council.
(9) Recommend to the mayor and council the appoint;.
ment and disniissal of all department heads over
which he exercises jurisdiction. Appointment or
dismissal of department heads will be made upon the
recommendation of the mayor and confirmation by
the council. The city administrator may appoint and
dismiss aU-subordinate employees of the city, as well
as provide for the transfer of such employees from one
department to another except those employees covered
under the civil service act of the state.
(10) The city administrator shall have the duty and the
right to investigate and make recommendations to the
mayor and city council regarding dutie~ and activities
of any employee of the city covered under the civil
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§ 2-85 MARION CODE
(14)
(12)
(13)
(11)
(16)
service act of the. state andrecQmmend to the mayor
and council the promotion,demotion, suspension,
transfer or discharge of such employees.
Administer and be .responsible. for all. departments
and divisions of the city·government, which are under
the mayor andcouncil’s.direction,inc1ud:lng the boa.rd
of public works and any public utilities hereafter
acquired by the city and including fire and police _
departmlents, except insofar as such jurisdiction and
administration· conflicts with the civil service law
pertaining to such fire and police departments. The
office of the city attorney and city physician, shall not
come under the administration arid res:ponsibility of
the city administrator, said administrator, however, to
be available to assist these offices in any administrative
matter that may arise and those officers in turn
shall be available to assist the city adrninistrator in
the discharge of his duties.
Recomnrlend to the mayor and council for adoption
such mleasures and ordinances as are deemed neces-‘
sary or expedient.
Prepare and recommend to the mayor ~~nd council a
classification and compensation plan.
Make investigations into the affairs of the city and
any department or division thereof, and any contract,
or the proper performance of any obligation running’
to· the city.
. (15)· ExercisE~general supervision over all public .buildings,
streets and other public property which are under the
control and jurisdiction. of the mayor and council.
Prepare and· submit to the mayor and council as of
the end of the fiscal year, a. complete .. l’eport on the
finances: and administrative activities of the city. for
the preceding year.
(17) Keep thleinsurable .property of the city appropriately
insured.
70
ADMINISTRATION § 2-94
/~
(18) Serve in any ~ppointed office or head of department
within the city government if the need arises and
when appointed ‘thereto by the mayor and council and
to hold, and perform th’e duties’ thereof at the pleasure
of the mayor and coullcil. .
(19) The city administrator shall have the duty to keep
open his office for public affairs during days and
hours ~et by the mayor and council.
. (20) Perform such other duties- and exercise such other
. powers as may be delegated to him from time to time
by ordinances or resolutions of the mayor and council.
Sec. 2-86. Authority to enter into contracts.
The city. administrator, in. the discharge of his duties,
. shall have theright to expend an amount not to exceed the
limits, set forth in the applicable state ·law pertaining to
cities of the first class entering into contracts for municipal
work and improvements or purchase of equipment without
advertising’ for bids and within said dollar limitation to
make any .contract on behalf of the city for general
purchases, maintenances and improvements, the expenditure
limitation herein to apply to all departments of the city.
Sec. 2-87. Removal.
The city administrator may be removed by a vote of a
majority of all the members of the council with the approval
of the mayor.
Sees. 2-88-2~93. Reserved.
DIVISION 4. CLERK*
Sec. 2-94. Duties generally.
. The city clerk shall attend the meetings of the council and
keep a record of its proceedings in the minute book, which
*State law references-The clerk, Code of Ala., Tit. 37, § 421 et seq.;
election, Code of Ala., Tit. 37, § 406.
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§ 2-94 MARION CODE
minute entry, when approved by the council, shall be signed
by the mayor as presiding officer, and by the city clerk. The
city clerk shall have the custody of the city seal, and of
rules, ordinances and resolutions of. the council, and shall
keep a record of them when adopted by the council, and
shall perforrn any and all clerieal services :lncident to the
proceedings of the city government and act as assessor and
collector of all taxes levied by the city, except those assessed
and collected by the tax assessor and tax collector of the
county. (Code 1916, § 283)
Sec. 2-95..Attestation of’ documents; when required.
All writtHn contracts or city obligations, excluding
purchases for ordinary current city needs, shall be attested
by the city clerk, towhieh he shall affix the city seal;
however, this section shall not apply to bond issues or
attached interest coupons. (Code 1916, § 283)
Sec. 2-96. To keep a record of contract8 and obliga- ~’,
tions.
The city clerk shall keep a reeord of all city obligations,
contracts and evidences of debt, the names of all persons
interested, dates of execution and of maturity, amounts
-involved and any other information pertaining thereto of
interest to the city. (Code 1916, § 283)
Sec. 2-97. litecord of claims and demaridl~ against the
city; issuance of warrants.
The city derk shall submit all claims, requisitions and
demands against the city for materials and supplies
purchased and for services rendered to the council at its
next regular meeting for its approval, unless already
provided for by ordinance or resolution, ordinances carrying
it into effect when necessary, the city ck~rk shall, as
treasurer, issue a warrant on the city forthe amount of the
claim, requisition, or demand. Before issuing any warrant,
the city clerk shall audit the claiI’ll, certify to its correctness,
and keep a record thereof which shall show to what
department it is chargeable. (Code 1916, § 283)
72
ADMINISTRATION § 2-107
Sec. 2,;,98. Restrictions on issuance of warrants.
Appropriations for specific purposes shall not be paid for
any othe,r purpose, and no warrant shall be made unless
sufficient funds actually be in the treasury to the credit of
the fund upon which the warrant is drawn, unless
specifically authorized by ordinance.
Sec. 2-99. Inventory of city property.
It shall be the duty of the city clerk to prepare and keep on
file for the information of city officials and the public, a
complete inventory of all the tangible property of the city,
real and personal, and to this end, the city clerk shall have
the authority to call upon any officer, agent or employee of
the city for any desired information; this inventory shall
also indicate the approximate valuation of each item of
property enumerated therein.
State law reference-Similar provisions, Code of Ala., Tit. 37, § 423.
Sec. 2-100. Additional powers and duties generally.
The city clerk shall exercise all other powers conferred
and discharge all other duties imposed upon the office by
statute, this Code and by other city ordinances and
resolutions. (Code 1916, § 283)
Sees. 2-101-2-106. Reserved.
DIVISION 5. TREASURER*
Sec. 2-107. To keep books of account.
The city treasurer shall keep a set of books in which there
shall be kept a separate account with each collecting officer
of the city, with each department for which a separate
appropriation shall have been made, and such other
accounts as may be necessary to show the financial
condition of the city and of each department thereof at all
times. (Code 1916, § 285)
*State law reference-The treasurer, Code of Ala., Tit. 37, § 446.
73
§ 2-108 MARION CODE
Sec. 2-i08., Duties generally; reports.
As custodian of the· city funds, the city treasurer shall
keep an accurate record of the funds of the several
departments of the city and of the financial <~ondition of the
city, as required of the city clerk. Expenditures shall be
made only when they shall have· been authorized by
ordinance,resolution, direction of the council, or order of the
mayor, and have been itemized and examinl~d, audited and
approved. The treasurer shall make a report once a month,
or more often if required by the council, of the financial
condition of’ the account of each department, and shall make
a quarterly statement, under oath,· of the financial condition
of the city to the council. (Code 1916, §285)
Sec. 2-109. Deposits of city moneys.
The city treasurer shall deposit all publie money to the
credit of the city in such a city depository as the council
may prescribe. As to deposits so made, neither the city
treasurer nor his sureties, if the city treasurer has exercised
due care, shall be’ further liable for any loss occasioned
thereby. (Code 1916, § 285)
Secs. 2-110-2-115. Reserved.
DIVISION 6. ATTORNEY
Sec. 2-116.. Powers and duties generally.
The city attorney shall discharge the duties imposed and
exercise the powers conferred upon the office by statute, the
provisions of this Code, and other laws and ordinances of
the city.
Sec. 2-117. To be legal advisor of city officers.
The city attorney shall be the legal advisor of the mayor
and the council· in respect to icitybusinesE, their official
duties and all matters pertaining to the city welfare, its
rights. and powers, insofar as they may be affected by the
official acts of such officers.
74
ADMINISTRATION § 2-123
Sec. 2-118. Recommendations to the mayor and council.
The city attorney from time to time shall make such
suggestions or recommendations to the mayor and council
as may to him seem advisable and proper in reference to the
enforcement, revision, or modification of the city ordinances,
both civil·and penal.
Sec. 2-119. To prosecute appeals from the recorder’s
court.
The city attorney shall prosecute all cases appealed from
the recorder’s court.
Sec. 2-120. Duty as counsel in suits to which the city
is a party.
In all suits or proceedings whenever pending, to which the
city shall be a party plaintiff or defendant, it shall be the
duty of the city attorney to appear for and represent the
city; however, he is not obligated to appear in recorder’s
court except at the specific request of the recorder.
Sec. 2-121. Duty to pay over collections.
The city attorney shall pay over instanter to the city
treasurer all money collected by him for the city.
Sec. 2-122. Preparation, approval of documents.
When directed by the mayor or the council, the city
attorney shall prepare needed. contracts, conveyances,
documents, ordinances, resolutions, or other documents for
use by the city or its officers, and shall pass upon the legal
sufficiency of all bonds of the city officers, .contracts and
bonds of persons having dealings with the city.
Sec. 2-123. Reimbursement for expenses.
Upon presentation of an itemized statement thereof, the
city shall reimburse the city attorney for expenses incurred
in transacting city business.
75
§ 2-124 MARION CODE
Secs. 2-124–2-134. Reserved.
ARTICLE IV. LEGISLATION
DIVISION 1. GENERALLY
Sec. 2-135. Style of ordin.ances.
The style of an ordinance of the city shall ·be, “Be it
ordained by the city council of Marion as foI10ws:”. (Code
1916, § 309)
Sec. 2-136. lManner of passage of ordinances and
lresolutions.
No ordinance or resolution intended to be of permanent
operation shall be adopted by the council at the same
meeting at which it is introduced, unless unanimous consent
of those present is given for the immediate consideration of
the ordinance or resolution, the consent to be shown by a
vote taken by yeas and nays, and the names of the members
voting to be entered upon the minutes, and no ordinance or
resolution intended to be of permanent operation shall
become a law unless on its final passage the mayor and
three (3) couneilmen, or four (4) councilmen, shall vote in its
favor. (Code 1!~16, §§ 45,309)
State law reference-Similar provisions, Code of Ala., ‘rit. 37, § 456.
Sec. 2-137..Amendment of ordinances.
No ordinanee shall be amend,ed after its passage by
providing that designated words be stricken out or that
designated words be inserted; or that designated words be
stricken out and other words inserted in lieu thereof, but the
ordinance or section or subdhrision thereof amended shall be
set forth in fulJlas amended. (Code 1916, § 310)
State law reference-Similar provisions, Code of Ala., Tit. 37, § 460.
Sec. 2-138. Publication and rec~ording of ordinances;
adoption of (~:ertain technical. codes by
rceference.
(a) All ordinances shall, as soon as practicable after their
passage, be reeorded in a book kept for that pur’pose and be
authenticated by the signature of the clerk.
76
ADMINISTRATION § 2-138
Installation of gas or gas fixtures;
Fire prevention;
Health and sanitation;
Milk and milk products;
Installation of electric wiring or lighting fixtures;
(b) All ordinances of a general or permanent nature,
except as hereinafter provided, shall be published in some
newspaper of general circulation published in the city,but if
no such newspaper is published in the city, such ordinances
may be published by posting copies thereof in three (3)
public places within the city, one of which shall be at the
post office or. the mayor’s office in such city. In the event
there is no. newspaper published in the city and there is a
newspaper published in the county in which the city is
located having general circulation in the city, at the option
of the governing body of such municipality, the ordinance
may be published in such newspaper. When the ordinance is
published in the newspaper it shall take effect from and
after the time it shall first appear therein and when
published by posting it shall take effect five (5) days
thereafter.
(c) Immediately following the record of any ordinance the
clerk shall append a certificate stating therein the time and
manner of publication, which certificate shall be presumptive
of the facts stated therein.
(d) All ordinances· granting a franchise shall be published
at the expense of the party or parties to whom the franchise
is granted.
(e) Ordinances may adopt by reference thereto, without
setting the same out at length in the ordinance, rules and
regulations which have been printed as a code in book or
pamphlet form, fot::
The construction, erection, alteration, or improvement
of buildings;
Installation of plumbing or plumbing fixtures;
(1)
(2)
(3)
(4)
(5)
(6)
“~
(7)
77
§ 2-138 MARION CODE
(8) Parks;
(9) Airports;
(10) Waterworks and sewers; and
(11) Traffic;
if, before adopting such code in book or pamphlet form, the
governing body of the city shall by resolution hold a public
hearing of which there shall be at least fifteen (15) days’
notice of the time, place and purpose of such hearing by
publication of the resolution once a week for two (2)
successive weeks, or by posting notices of Buch for such
length of tinle, as the case may be, under ~lUbsection (b).
Such resolution shall provide that not less than three (3)
copies of such code’shall be filed for not less than fifteen
(15) days prior to the holding of the public meeting for use
and examination by the public in· the office of the city clerk.
Amendments to such rules or·regulations ado]pted as a code
thereafter shall be adopted by ordinances published as
herein provided in subsection (b).
(f) The fonowing shall not be deemed ordinances of a
general or permanent nature requiring publication:
(1) Authorizing or ratifying contracts with :public utilities
for utility services for a specified term.
(2) Authorizing the issuance or sale or security of bonds,
debentures, notes, warrants and other obligations,
whether full faith and credit obligations or payable
from ~~eneral revenues, or special taxes, or from
revenues of a utility or other property of the city.
(g) The provisions of this section shall not apply to the
adoption of a code for the revision and codification of the
ordinances of the city and the adoption of such code by
ordinances aB provided in title 37, section 461 of the Code of
Alabama. (Code 1916, § 311)
State law reflerence-Similar provisions, Code of Ala., Tit. 37, § 462.
Sees. 2-139–2-145. Reserved.
78
ADMINISTRATION
DIVISION 2. AMENDMENTS TO CODE
§ 2-149
Sec. 2-146. Effect.
Any and all additions and amendments to this Code,
when passed in such form as to indicate the intention of the
council to make the same a part hereof, shall be deemed to
be incorporated in this Code so that reference to the “Code
of Ordinances, City of Marion, Alabama,” s,hall be
understood and intended to include such additions and
amendments.
Sec. 2-147. Manner.
All ordinances passed subsequent to the adoption of this
Code which amend, repeal or in any way affect this Code
may be numbered in accordance with the numbering system
of this Code and printed for inclusion herein, or in the case
of repealed chapters, sections and subsections or any part
thereof, subsequent ordinances, such repealed portions may
be excluded from the Code by omiSSIon from reprinted pages
affected thereby, and the subsequent ordinances as numbered
and printed or omitted, in the case of repeal, shall be
prima facie evidence of such subsequent ordinances until
such time that this Code and subsequent ordinances
numbered or omitted are readopted as a new .code of
ordinances by the council.
Sec. 2-148. Language.
Amendments to any of the provisions of this Code should
be made by amending such provisions by specific reference
to the section of this Code in substantially the following
language: “That section__of the Code ofOrdinances, City
of Marion, Alabama, is hereby amended to read as follows:
___(Set out new provisions in full) “
Sec. 2-149. New material.
(a) In the event a new section not heretofore existing in
the Code is to be added, the following language may be
used: “That the Code of Ordinances, City of Marion,
79
§ 2-149 MARION CODE
Alabama, is hereby amended by adding a section (or article,
chapter or other designation as the case nlay be), to be
numbered __, which reads as follows: __. _._.-,-“-(Set out new
provisions in full) “
(b) In lieu of subsection (a) hereof, when the council
desires to enact an ordinance of a general and permanent
nature embracing a subject not previously existing in the
Code, which the board desires to incorporate into the Code, a
provision in substantially the following language may. be
made part of such ordinance: “It is the intention of the
council, and it is hereby ordained, that the provisions of this
ordinance shall become and be made part of· the Code of
Ordinances, City of Marion, Alabama, and the sections of
this ordinance may be renumbered to accomplish such
intention.”
Sec. 2-150. Repeal.
All sections, articles, chapters or other provisions of this
Code desired to be repealed should be specifically repealed
by section number, article number, chapter or other number,
as the case may be.
Sec. 2-151. Subject to general penalty.
In case of the amendment by the council of any section of
this Code for which a penalty is not provided, the general
penalty as provided in section 1-7 of this Code shall apply
to the section as amended; or incase such amendment
contains provisions for which a penalty other than the
aforementioned general penalty is provided in another
section in the same chapter, the penalty so provided in such
other section shall be held to relate· to the section so
amended, unless such penalty is specifically repealed
therein.
Sec. 2-152. Supplementation of Code.
(a) By contract or by city personnel, supplernents to this
Code shall be prepared· and printed whenever authorized or
directed by the council. A supplement to the Code shall
include all su.bstantive permanent and general parts of
80
ADMINISTRATION § 2-152
ordinances passed by the coun”cil or adopted by initiative
and referendum during the period covered by the supplement
and all changes made thereby in the Code. The pages
of a supplement shall ,be so numbered that they will fit
properly into the Code and will, where necessary, replace
pages which have become obsolete or partially obsolete, and
the new pages shall be so prepared that, when they have
been inserted, the Code will be current through the date of
the adoption of the latest ordinance included in the
supplement.
(b) In preparing a supplement to this Code, all portions of
the Code which have been repealed shall be excluded from
the Code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the codifier
(meaning the person, agency or organization authorized to
prepare the supplement) may make formal, nonsubstantive
changes in ordinances and parts of ordinances included in
the supplement, insofar as it is necessary to do so to embody
them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate
subdivisions;
(2) Provide appropriate catchlines, headings, and titles
for sections and other subdivisions of the Code printed
in the supplement, and make changes in such
catchlines, headings, and titles;
(3) Assign appropriate numbers to sections and other
subdivisions to be inserted in the Code and, where
necessary to accommodate new material, change
existing section or other subdivision numbers;
(4) Change the words “this ordinance” or words of the
same meaning to “this chapter,” “this article,” “this
division,” etc., as the case -may be, or to “sections__
to __” (inserting section numbers toindicate the sections
ofthe Codewhich embody the substantive sections
of the ordinance incorporated into the Code); and
(5) Make other nonsubstantive changes necessary to
preserve the original meaning of ordinance sections
81
§ 2-152 MARION CODE
inserted into the Code; but, in no case, shall the
codifier make any change in the meaning or .effect .of
ordinance material included in the supplement or
already embodied in the Code.
Sees. 2-153-2-163. Reserved..
ARTICLE V. CLAIMS AGAINST CITY*
Sec. 2-164. Period within which claim~1 against the
city to be pr4esented.
All claims: against the city, except bond,s and interest
coupons and claims for damages, shall be p]~esented to the
city clerk within two (2) years from the accrual of the claim,
or shall be barred; claims for damages growing out of torts
shall be presented within six (6) months from the accrual
thereof or shall be barred.
Sec. 2-165. Personal injury recovery barred unless
sworn statelnent of injury filed with the
city clerk.
No recovery shall be had. against the city on a claim for
persona.l inju.ry received, unless a sworn statement is filed
with the cllsrk by the party injured, or .his personal
representative in case of his death, stating substantially the
manner in which the injury was received and the date, time
and place where the accident occurred and the damages
claimed. Such statement must be filed with the city clerk
within thirty (30) days after such injury was sustained.
State law ref.~rence-Similarprovision.s, Code of Ala., Tit. 37, § 504~
Sec. 2-166. City clerk to maintain record of claims
against city; report to the council.
The city elerk shall record all claims and demands
sounding in tort against the city which shall be filed with
*State law reference-Presentment of claims agains~; a municipality,
Code of Ala., Tit. 37, § 476.
82
.~.
ADMINISTRATION
him, and shall submit to the council at its next regular meet:.:
ing all such ~laims and demands filed since the’last preceding
meeting. ‘.
Sec. 2-167. Liabilit,y of city for negligence of agents’ and
servants.
The city shall not be liable for damages for injury done to
or wrong ,suffered by any person, unless said inj urY.or
wrong was done or suffered through the neglect, careless~
ness, or unskillfulness of some agent, officer, or employee of
the city engaged in work therefor and while acting in the
line of his duty, or unless the: said injury or wrong was don~
or suffered through the neglect, carelessness, or failure to
remedy some defect in the streets, alleys, public ways or
,buildings after the defect had been called to the, attention o{
the council, or after the defect had existed for such an
unreasonablel length of time as to raise a presumption 6f
knowledge of such defect on the part of the council ; and
whenever the city shall be made liable to an action for
damages by rea.son of the unauthorized or wrongful acts, or
the negligence, carelessness or unskillfulness of any persoll’,
then such person shall be liable to an action on the same
account by the party so injured.
State law reference-Similar provisions, Code of Ala., Tit. 37, § 502.
Sec. 2-168. Suits against the city where the city and another
party are, jointly liable.
(a.) The injured party, if he sues the city for damages
suffered by him, shall also join such other person so liable
as party defendant in the suit, and no judgment shall be
rendered against the city unless judgment is rendered against
such other person so liable for the injury, except where a
summons is returned not found as to a defendant or when
judgment is rendered in his favor on some personal defense;
and if an action is brought against the city alone and it is
made to appear that any person ought to be joined as a
defendant in the suit, according to the provi.sions of section
2-167, the plaintiff shall be nonsuited unless he amends by
Supp. No.5
83
§ 2-168 MARION CODE
making that party- a defendant, if a resident of the state; but
no person shall be sued jointly with the city who would not
be liable separately, irrespective of this provision. When a
judgment shan be obtained against the city H,nd the’ other
party, liable as aforesaid, execution shall issue against the
otnerdefendant in the ordinary form, and the amount of
recovery shall not be demandable of the city, unless the
other defendants ‘are insolvent and the recovery cannot be
made out of their property, and the city shall pay only so
much of the judgment as cannot be collected out of the other
defendants.
(b) In an injured party shall, before bringing suit, demand
of the mayor the name of any other person as may be liable
jointly with the city to such injured party, and, if the mayor
shall fail to furnish, within ten (10) days frOln the making
of such demand, the name, of such person so jointly liable,
the inj ured party shall not be required to join the other
personas a party defendant with the city in any suit brought
to recover daluages for the inj uries.
State law reference-Similar provisions, Code of Ala., Tit. 37, !§ 503.
Sees. 2 169″:-2·171. Reserved.
AR1’I<;LE V~. PERSONNEL SYSTBM*
Sec. 2-172. Purpose.
There is ‘hereby established a personnel systenl for the City
of Marion. Such system shall be established on the following
advancement principles:
(1) Recruiting,selecting and advancing emp],oyees on the
basis of their relative ability, knowledge and skills,
including open competition of qualified. applicants for
initial appointment;
(2) Establishing pay rate,s consistent with the principle of
providing comparable pay for comparable work;
*Editoi’s note~-Ord. No. 77~3, §§ f”,’-6, adopted Oct. (;, 1977, did not
expressly amend the Code; hence, inclusion herein as Ar1;. Vlh of Ch. 2;
§§ 2;.,172-‘-2-177, is at the discretion of the editor.
Supp. No.5
84
.~.,
ADMINISTRATION
(3) Training employees, as needed’ to assure high quality
performance;
(4) Retaining employees on ‘the basis of the adequacy of
their performance, correcting inadequate performance
and separating employees whose inadequate performance
cannot be corrected;
(5) Assuring fair treatment of applicants and employees
in all aspects of personnel administration without ‘regard
topoliticial affiliation, race, color, creed, national
origin or ancestry, sex or religion.
(Ord. No. 77-3, § 1, 10-6-77)
Sec. 2-173. Classified service ; exceptions.
The classified service shall include all employees serving in
continuing positions in the municipality ~xcept the, following:
(1) MembeTs of the municipal governing body and other
elected officials;
(2) Members of appointed boards and commissions, munieipal
judges and municipal attorneys;
(3) Persons employed to work less than full-time;
(4) Administrative officials appointed by the mayor and
municipal council, including, but not li;mited to, all department
heads, the fire chief and the police chief;
(5) Volunteer personnelwho receive no regular compensation
from the municipality;
(6) Temporary positions scheduled for less than one year’s
duration, unless specifically covered by the action
of the mayor and municipal council;
(7) Persons performing work under contractfor the municipality
who are not carried on the payroll as ernployees~
Nothing herein shall ,be construed as ,precluding the mayor
and municipal council from filling any .excepted positions in
the manner in which positions in thec1assified service are
filled. (Ord. No. 77-3, § 2, 10-6-77)
Supp. No.5
85
§ 2-174 MARION CODE
~ec. “2-174. P«~rsollnel officer designated.
The city administrator is hereby designated to perform
the duties of personnel officer. He may have other staff members
designated. to assist him or may de.signate any. member
of his. staff to assist him. (Ord.· No. 77-3, §3, 10-6-77)
Sec. 2-175. Duties of personnel officer.
The pe’rsoIDlel officer shall be responsible for the personnel.
admini.stration system and shall direct all of its administrative
and technical activities. His duties shall include,
but not be limited to, the following:
(1) To encourage and exercise leadership in the development
of effective personnel administration ·pra·ctices
within the municipality;
(2) To investig.ate from time to time the ,operation and
effect of this law and the policies made thereunder
and to report his findings and recommendations to the
mayor ;and municipal council;
(3) To ‘establish and maintain comprehensive personnel
records for each employee in the municipality’s service,
including for each· employee his -classification, pay rate,
d~te of employment and other relevant data;
(4) To advi8e the’ mayor and municipal council on matters
affecting the most effective use of manpower resources;
(5) To make an annual report to· the mayor Hnd municipal
council .regarding the status of the personnel administration
program. (Ord. No. ’77-3, § 4, 10-6-77)
S~c. 2-176. Pr«~paration of personnel rules and r~~gulatiOl1s.
The personnE~1 officer shall, not more than ninety (90) days
after the effective date of this article [October 6, 1977],
draft or cause to be drafted the personnel rules and regulatio:
p.sfor the municipality. Such rules shall become effective
and’ may’ be anlended upon passage of an appropriate resolution
by the mayor and municipal council. The policies shall
provide for:
Supp. No.5
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
ADMINISTRATION
(1) The classification of all positions, based on duties, authority
and responsibility of each position, with adequate
provisions for reclassification of any positions
warranted by changed circumstances;
A pay plan for classified service position.s;
Announcement of employee vacancies and accept~nce
of application for employment;
Preparation and administration of examinations, if
appropriate; .
Establishment and use of eligibility lists, if appropriate;
Establishment of promotion policies and procedures;
Transfer, promotion and reinstatement of .employees ;
Performance evaluations of employees, including those
on probationary periods;
Separation of employees from the classified service by
resignation, suspension, dismissal, layoff or incapacity
to perform required duties;
Grievance and appeal procedure,s;
Establishment of hours of work, holidays, vacations,
leave regulations and procedures;
Outside employment of municipal e’mployees;
Establishment of a probation period for all employees
prior to final appointment;
Development of employee morale, safety and training
programs;
Such other matters as m.ay be necessary to carry out
the intent and purpose of this article. (Ord. No. 77-3, §
5, 10-6-77)
Editor·5 note-Ord. No. 77-4, § 1., adopted Oct. G, 1.977, provides as
follows:
“That the Personnel Rules and Regulations which have been printed
in booklet form and are attached hereto shall be adopted as the rules
and regulations governing personnel actions of the City of Marion.”
Copies of the personnel rules and regulations adopted by said ordinance
may.be found’ on file in the offices of the city clerk and the personnel
officer.
Supp. No.5
87
§2-177 MAR][ONCODE
See. 2-177. Payroll verification.
,- The personnel officer or his authorized agent shall be responsible
for the certification of the payron vouchers, that
the persons na:med therein _have been appointed and employed
in ~ccordance with the provisions of this article and the policie.
s thereunder. The disbursing officer of the municipality
shaH not make or approve or take part in making or approving
‘any payment for the personnel service to any person
holding a position in the municipality unless said payroll
voucher or account of such pay bears the certif:lcation of the
personnel officer or his authorized agent. (Ord. No. 77-3, §
6, 10-6-77)
Sees. 2-178, 2-179. Reserved.
ARTICLE VI. EMPLOYEE BENEFITS
DIVISION 1. GENERALLY
Sees. 2-180-2··185. Reserved.
DIVISION 2. SOCIAL SECURITY*
Sec. 2-186. Extensions of benefits.
It is hereby declared to be the poHcy and purpose of the
city to extend, effective as of January 1, 1951, to the employeesand
officials thereof, not excluded by law or by this
division, and whether employed in connection with a governmental
or proprietary function, the benefits of t:he system of
old-age and survivors insurance as authorized by the Federal
Social Security Act and amendments thereto, including- Public
Law i34 of the .81st Congress. In pursuance of sai.dpolicy, and
for .that purpose,., the city shall take -such action as may be
required by applicable, state or federal laws or regulations.
(Ord. of 4~19-51, § 1)
*State law refelrence-,-Social security, Code of Ala., Tit. 55, § 476et
seq. ~,
Supp. No.5
88
ADMINISTRATION
Sec. 2-187. Execution of agreements.
The’ mayor is hereby .authorized and directed· to execute
aU necessary ‘agreements and amendments thereto with the;
state agency authorized to act to secure coverage of em..:
ployees’ and officials as provided in this division. (Ord~ OF’
4-19-51, §2)
Sec. 2-188. Withholdings.
Withholdings from salaries or wages of employees and officials
for the purpose provided in this division are. hereby
authorized to be made in the amounts, and at such times as
may be required by applicable state or federal laws or regulations,
and shall be paid over to the state or federal agency
designated by said laws or regulations to receiv~such amounts.
(Ord. of 4-19-51, § 3)
Sec•. 2-189. Eniployercontribritions.
There shall be appropriated from available funds such
amounts at such times as may be required by applicable
state or federal laws or regulations for employer’s contributions,
which shall be paid over to the state agency designated
by such laws or regulations to receive same. (Ord. of
4-19-51, § 4)
Sec. 2-190. Records, reports.
The city shall keep such records and make such reports as
may be required by applicable state or federal laws or regulations.
(Ord. of 4-19-51, § 5)
Sec. 2-191. Other agree’ments.
There is hereby excluded from this division any authority
to make any agreement with respect to any position or any
employee or official now covered, or authorized to be covered,
by any other ordinance or law creating any retirement system
fior any employee or official of the city. (Ord. of 4-19-51,
§ 6)
Supp. No.5
89
§ ·2-192 MARION CODE
Sec. 2-192. Exclusions.
The city does hereby adopt the terms, condftions, requirements,
reservations, benefits, privileges; and other conditions
thereunto appertaining, of title II of the Social8ecurity Act as
amended by Public Law No. 734, Slst Congress, for and on
behalf of all the officers and employees thereof, save and
except any of such office:rs and employees now covered or
authorized to be covered by any retirement system provided
by law, and further excepting any official or employee who
occupies any position, office, or employment not authorized to
be covered by applicable state or federal laws or regulations;
and further excluding:
(1) Elected officials,
(2) Emergency· employees,
(3) Part-time employees,
(4) Officials or employees whose ·compensation is on a fee
basis. (Ord.of 4-19-51, §7)
[The next page is 137]
Supp. No.5
90