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10/19/78
ORDINANCE NO. NS-1460
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING SECTION 9-20 TO THE SANTA ANA
MUNICIPAL CODE TO IDENTIFY THE PERSONS
EXCLUDABLE FROM RETIREMENT PLANS UNDER
SECTION 1400 OF THE CITY CHARTER AS
AMENDED AT THE SPECIAL MUNICIPAL ELECTION
OF JUNE 6, 1978
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code
is hereby amended by adding a Section, to be numbered 9-20,
which said Section reads as follows:
Sec. 9-20.
Persons excludable from retirement
plans under Charter Section 1400.
As used in Section 1400, subsection (d), of the
Charter, the phrase "Persons mentioned in subsections (b) 1,
6, 7, 8, 9, 10, 11, and 13 of Section 1002 of this Charter"
means the following:
(a) Elected officials and their assistants, if
any;
(b) Ail members of boards or commissions;
(c) Positions occupied by persons employed to
render professional, scientific, technicial or expert service
of an occasional or exceptional nature;
(d) Positions in any class or grade created for
emergency purposes, and which are to exist for a period of
not longer than ninety (90) days;
(e) Ail positions under special federal or state
funded public employment programs designed to provide temporary
public service jobs;
(f) Part time positions or employments requiring
less than 20 regular hours of employment per week;
(g) Ail positions occupied by persons employed to
replace employees ordered to active duty, enlisted, or
drafted for military service during a national emergency or
when this country has declared war and until the expiration
of the time when such replaced employee could demand his
former position of employment under Federal or State statutes;
(h) Any temporary appointment which is to remain
in effect for a period of no longer than six (6) months.
The City Council of the City of Santa Ana finds
and determines that the abovesaid identification of persons
and positions excludable from retirement plans is declaratory
of the intent of the amendment to Charter Section 1400
approved by the electorate in the special municipal election
of June 6, 1978, in that the said amendment discloses an
ORDINANCE NO. NS-1460
PAGE TWO
intent to incorporate by reference the listing of offices
and positions set forth in an amendment to Charter Section
1002 proposed but not approved at the said election.
SECTION 2: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any
reason held 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 Santa Ana 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.
ADOPTED this 20thday of
the following vote:
November , 1978, by
AYES: COUNCILMEN: Ward, Yamamoto, Brandt, Evans
ATTEST:
NOES:
ABSENT:
COUNCILMEN: None
COUNCILMEN: Bricken,~.the,~/~6j~/0rtiz
- MAYOR
APPROVED AS TO FORM:
KEITH L. GOW, City Attorney