HomeMy WebLinkAbout2486~ ~RDI{VANCE N0. 2486
AN I~RGENCY ORDINANCE REQUIRED BY BUTTE CDUNTY
SIJPERIOR COURT ACTIO~I #88580
~, The Board of Supervisors of the County of Bt~~te do ordain as faTlaws:
2 WH~REAS in tF~e case entitTed Brooks, e~ aT. vs. The County of
3 Butte, e~t al., Butte County Super~or Court Na. 8 S~ 8 0, the Court issued
4 the following order:
5 "On ~he applicatior~ o~F the P~t~tion~r, HaT T. 8rooks, S~eriff of
g the County of Bu~te, there sha11 ~ssue herein, farthwith, a preTimTnary
7 injunction addressed only to the Bflard of S€apervisors af the County o~ Butte
g ordering that Board of Supervisors ~o ~ravide staffing and ~unding ~For ~he
g Sherif~-Coroner af Butte Cour~ty at 7eveTs not lower than ~hose pravided for
~p ~he fi scaT year ].9$4-85, and to refra~ n~'ram gi vTng any Zay of~ no~~ ces ~o
i~ ar causing the terminat~an, ~ransfer or demotian of any o~ the persannel
12 of ~he Sher-~ff~Coraner a~ Butte County authorized at the end of the fisca7
~3 year 1984-85 withou~ the prior consent o-F the Sheri~'f.
Z,~ I've cons~dere~ your appl~cation for a s~ay o-f the effectiveness
1~ of th~s ord~r. That app~ication is denied.
lg The order is effect~ve forthwith. It's appeaTabTe forthwTth."
17 WNEREAS the above entitled order was entered by the Court on
lg August 22, 1985, and that wher~as the T~ird D~str~c~ Cottrt of Appeal upon
~g ~eti~ion by the Butte CoUnty Baard of Supervisors stayed ~he a~Forementioned
2a prel~mir~ary injunction.
2~ ~fH~REAS Article IV, Section 7 af the Bu~te County Charter prov~des
22 for the establishment by Ordinance by the Board o~ Supervisors of a merit
2~ syster~, which merit system has been du7y adopted by the Board and which
24 requires four~een (I4} days notice relative to an admin~stratTVe ~ay o~F~E
2g created by decr~ase in the number of a71acated pos~tions.
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By th~s Ordinance, ~h~s Board is directing that ~he Auditor pay
~he indiv~duals holding the affected pasitions ~n ~he aforementioned 7itigation
up and through the 24th day of September, 1985, which coincid~s w~th the
lay off and demotion notices that were sent ~o the affected personne1 in
the SherTff's office on September 10, 1985.
The necessTty far th~s Ordinance was that that the Board of
Supervisars obeyed ~he pre7iminary inj~nction referred to above, and this
Board ratifies and confirms ~he sending out of the aforementioned Tay off
~ot~ces on 5eptember 10, 1985, issued pursUant to the stay issued by th~
Third ~istrict Court of A~pea].
This urgency ordinance sha71 take effect immediateiy upan its
passage, and before the expiration of fifteen (15) days after ~ts passage
sha~l be publ7shed once with the names of the members of the Board of
Supervisars voti~g for and aga~nst the same 7n the Qrovi7le Mercur~ a
newspaper in general circulation in ~he County of Butte, State of Ca7ifornia.
The reason for ~he urge~cy of th~s Ord~nance is to provide for
~he t7mely payr~ent of the law enforcement perso~ne7 being Zaid off, and to
e~sure their payment because of the fact that they were cant~nued on ~n
emp7oymen~ as the so~e result of the But~e County Su~erior Cour~ dec~sion
mentioned abave. This Ordinance i5 required in order to give the Auditor
~u17 authority to pay these personne~ in view of the fact that they were
not cavered by any ather Ordinance nor at this ti~e by any o~her 7njunctive
~rocess.
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PASS~D A~V~ ADOPTED ~y the Board of Supervisors, County of Butte,
State of Cal~fornia, this 17th day of September, I985, by the fo17owing vote:
AYES: Supervisors Da~an, NlcInturf, McLaughl7n, EJheeler and
Chairman Fulton
NOES: None
AB5EI~T: Nan~
NOT VOTING: None ~
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L~N FUI.TON, Cha~ rman af the
S'utte County Board of Supervisors
ATTEST:
MARTIt~ J. fVICHOLS, Chief Rdministrative
Off~ cer and C7 erf~ of the 8oard
~Y ~ `~. ~ ~eD_r.~~
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