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0RDINANANCE NS-2285 ~6~ (h) Vacancies created under this section may be filled by the appointing authority by temporary appointment pending the comple- tion of any proceedings taken hereunder. (i) A reduction in pay shall be treated as a demotion under this section, unless the reduction in pay is part of a plan of reclassification of positions or of a plan to reduce salaries and wages in connection with a general economy or curtailment program, or is the result of a finding by the appointing authority that the employee's performance does not justify the continuance of a level of pay that is dependent upon meritorious service. A failure to grant an increase in pay at a time when an increase would otherwise have been granted as a part of a plan to increase salaries and wages throughout the city service shall not be treated as a demotion under this section. (j) The personnel board may adopt procedural rules to govern the conduct of its hearings. Section 10. That Section 9-170 of the Santa An& Municipal Code, is hereby amende~ to reed es follows: Sec. 9-170. General policy for overtime work. Whenever it shall be determined that the public interest requires it, or that an emergency situation requires it, the city manager, the authorized department head, or a qualified representa- tive of either, may require an employee to perform overtime work. However, the employees who are considered exempt under the FLSA regulations will not be eligible for compensation or compensatory time off with pay for working overtime. Employees who work under part-time civil service provisions of this code will be governed bythe Fair Labor Standards Act overtime provisions and not the provisions of this code. Section 11. That Section 9-184 of tho Santa Aha Municipal Code, is hereby repealed. SECTION 12: 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 Aha 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. 7