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a. Any person aggrieved by the decision of a Department Leader or designee may appeal such decision to the City Manager. Such appeal must be filed with the City Manager within thirty (30) business days after the decision of the Department Leader or designee, otherwise the decision of the Department Leader or designee is final.
b. Such appeal shall be in writing and shall succinctly state the problem or objection of the aggrieved party and the aggrieved party's understanding of the decision of the Department Leader or designee. An appeal stays all proceedings in furtherance of the action that is appealed, until a final decision is reached..
c. The City Manager or designee shall not be the decision maker whose decision is being appealed. The City Manager (or acting City Manager in absence), or designee, shall render a written decision within ten (10) business days after receipt of the written appeal or the latest amended appeal. If, however, the City Manager or designee determines that there is not sufficient data upon which to base a decision, further written information may be requested from the aggrieved party, in which event the ten-business day time limit shall run from the date on which the completed information is received.
d. The City Manager or designee may refer the controversy to an appropriate advisory group or City board for recommendation, in which event the time limit of subpart c., above, shall not apply. For purposes of this section, the term "advisory group" shall mean a group of City employees appointed by the City Manager or designee to provide advice regarding a specific appeal. No employee serving on the advisory group shall be the decision maker whose decision is being appealed. "aAppropriate City board" shall mean one of the specific City Boards established by the City Council in Section 1-20, and having objectives or functions associated with the specific City Department to which the appeal was made. The advisory group or City board to which the matter is referred shall consider the matter within sixty (60) business days after the matter is referred to it, and shall provide a recommendation to the City Manager or designee. All considerations under this Article by a City board shall be in a public hearing. The City Manager or designee shall render a decision within ten (10) business days after the appropriate advisory group or City board gives its recommendation. (Ord. No. O-98-45, 5/27/98) (Ord. No. 0-2012-71; 9/26/12) (Ord. No. 0-2016-44; 5/11/16)
e. At the conclusion of the review, the City Manager or designee shall either:
1. Sustain the decision of the Department Leader or designee, or
2. Render an appropriate decision.
f. The decision of the City Manager or designee regarding an appeal under this Article shall be final. (Ord. No. O-98-45, 5/27/98) (Ord. No. 0-2012-71; 9/26/12) (Ord. No. 0-2020-45; 5/13/20)
The City Manager or designee shall provide for planning in the area of emergency preparedness and disaster relief. As mandated by State law, an Emergency Management Plan setting out specific details for the handling of such situations in Tyler and Smith County shall be prepared for Council adoption and periodic review. Under this Article and City Code Section 1-30, the City Manager is also authorized to create and adopt administrative policies and procedures necessary to govern emergency situations The City Manager or designee shall also provide for the preparation of such inter-local agreements as are necessary to prepare adequately for, and/or to address, emergencies .(Ord. No. O-98-45, 5/27/98) (Ord. No. 0-2017-20; 2/22/17) (Ord. No. O-2020-46; 5/13/20)
a. State law sets forth the process for the Mayor to declare a local state of disaster for a public health emergency, and for the extension thereof. Upon the Mayor's declaration that a state of disaster exists within the City, the City Council may meet in regular or emergency session to issue such orders, rules, and regulations as are deemed necessary to protect the life or property of citizens and critical resources while the state of disaster is in effect. If time is of the essence and it is impossible or impractical for the City Council to meet, then the Mayor shall have the authority to issue emergency orders, rules and regulations. If it is impossible or impractical for the Mayor to so act, then the City Manager shall have the authority to issue such emergency orders, rules and regulations. The City Council, at a meeting following either the Mayor's or the City Manager's issuance of such measures, shall either ratify or reject the measures. Those orders, rules, and regulations that are ratified by the City Council shall remain in effect until the measures expire and those orders, rules, and regulations that are rejected by the City Council shall cease to be in effect.
b. At all times when the orders, rules, and regulations made and issued pursuant to State law, Section 89 and/or other provisions of the City Charter and/or this chapter shall be in effect, the same shall supersede all existing ordinances and regulations of the City insofar as the latter may be inconsistent therewith.
c. The effect of the orders, rules, and regulations issued pursuant to this Article shall cease to apply following action by the Mayor or City Council action terminating the local state of disaster. (Ord. No. O-98-45, 5/27/98) (Ord. No. O-2020-46; 5/13/20)
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