Ord. No. 2725 — AUTOMATIC PROMOTION TO CAPTAIN IN DEPARTMENT OF FIRE AND POLICE

ORDINANCE NO. 2725 [AUTOMATIC PROMOTION TO CAPTAIN IN DEPARTMENT OF FIRE AND POLICE]

Adopted ..... | May 23, 1978 Referendum Election ..... | Nov. 7, 1978 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF MEMPHIS, SAME BEING CHAPTER 11 OF THE ACTS OF 1879, AS AMENDED, PURSUANT TO THE PROVISIONS OF ARTICLE 11, SECTION 9, OF THE CONSTITUTION OF THE STATE OF TENNESSEE (HOME RULE AMENDMENT) SO AS TO AMEND SECTION 67 RELATING TO DELETION OF AUTOMATIC PROMOTION TO CAPTAIN AFTER THIRTY YEARS' EMPLOYMENT OR SERVICE IN EITHER THE FIRE SERVICES OR THE POLICE DIVISION AND TO SUBMIT THE PROPOSED ORDINANCE TO THE QUALIFIED VOTERS OF THE CITY OF MEMPHIS AT THE FIRST GENERAL STATE ELECTION TO BE HELD NOVEMBER 7, 1978. Section 1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS, TENNESSEE, That, pursuant to Section 9, Article 11 of the Constitution of the State of Tennessee, as amended, the following proposal shall be published and submitted by the City of Memphis, to its qualified voters at the first general state election, and which shall be held in the City of Memphis on November 7, 1978 and which shall be held at least sixty (60) days after such publication: QUESTION: Shall the Home Rule Charter of the City of Memphis, Tennessee, be amended by amending Section 67 to read as follows: "Any fireman or policeman who shall have served the City of Memphis for a period of thirty (30) years, either continuously or intermittently, shall at the expiration of said thirty years, automatically be promoted to the rank of captain of the fire division or captain of the police division, with all the salary, emoluments and other privileges of said rank; and, upon the retirement of such fireman or policeman, he shall receive a pension as captain. Automatic promotion to the rank of captain in either the fire services division or the police division as set out in the above paragraph shall not apply to any person employed by the city after the date of January 31, 1979." Section 2. Publication of home rule amendment. BE IT FURTHER ORDAINED, that the Comptroller be and he is hereby directed to cause this proposal (Ordinance) to be published pursuant to the provisions of Article II, Section 9 of the Constitution of the State of Tennessee. Section 3. Delivery to Election Commission. BE IT FURTHER ORDAINED, that the Comptroller of the City of Memphis, shall certify the adoption of this Ordinance to the Shelby County Election Commission in charge of holding the first general election on November 7, 1978, and request that this proposed amendment to the Home Rule Charter of the City of Memphis be placed on the ballot. Section 4. Proposal and preference. BE IT FURTHER ORDAINED, that the Comptroller be and he is hereby directed to deliver a copy of this Ordinance to the Shelby County Election Commission, together with a suggested proposal and the following form of preference, to be placed on the ballot in an election to be held on the 7th day of November, 1978: REFERENDUM ON HOME RULE AMENDMENT TO THE CHARTER OF THE CITY OF MEMPHIS BY AMENDING SECTION 67, SO AS TO DELETE THE REQUIREMENT OF AUTOMATIC PROMOTION TO CAPTAIN AFTER THIRTY YEARS SERVICE, BY ADDING THE FOLLOWING PARAGRAPH TO THE END OF SAID SECTION: "Automatic promotion to the rank of captain in either the fire services division or the police division as set out in the preceding paragraph shall not apply to any person employed by the city after the date of January 31, 1979." An ordinance of the City of Memphis was adopted on the 23rd day of May, 1978, providing for a referendum on the Home Rule Amendment Charter of said city which will delete the requirement of automatic promotion to captain in either the Fire Services Division or the Police Division for persons employed after January 31, 1979. FOR | (YES) _____ AGAINST | (NO) _____ Section 5. Effective date of amendment. BE IT FURTHER ORDAINED, that this Ordinance shall take effect for the purposes set forth herein sixty (60) days after approval by a majority of the qualified voters voting thereon in an election to be held on the 7th day of November, 1978, the public welfare requiring it. Section 6. Certification of results. BE IT FURTHER ORDAINED, that the Shelby County Election Commission certify to the Comptroller of the City of Memphis, the result of said election who shall see that said results are made a part of the minutes of the Council of the City of Memphis. Section 7. Nonconflicting, conflicting laws. BE IT FURTHER ORDAINED, that all laws constituting the present Charter of the City of Memphis, not in conflict with this amendatory Home Rule Ordinance, be and the same are continued in full force and effect, and all laws in conflict therewith are hereby repealed. Section 8. Severability. BE IT FURTHER ORDAINED, that if any clause, section, paragraph, sentence or part of this Ordinance shall be held or declared to be unconstitutional and void, it shall not affect the remaining parts of this Ordinance, it being hereby declared to be the legislative intent to have passed the remainder of this ordinance notwithstanding the parts so held to be invalid, if any. Section 9. Enactment of city ordinance. BE IT FURTHER ORDAINED, that this Ordinance shall take effect from and after the date it shall have been passed by the Council, signed by the Chairman of the Council, certified and delivered to the Office of the Mayor in writing by the Comptroller, and become effective as otherwise provided by law. GLENN RAINES Chairman of Council ATTEST: PAUL N. ARNETT, Comptroller