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HomeMy WebLinkAboutOrdinance 004 i i ORDINANCE NO. 4 AN ORDINANCE ESTABLISHING THE OFFICE OF i CITY MANAGER AND DETERMINING THE APPOINTMENT, RESPONSIBILITIES, AND DUTIES THEREOF iT H E C I T Y C 0 U N C I L City of Atascadero, California iThe City Council of the City of Atascadero does ordain as follows : i1 . APPOINTMENT 1 . 01 Office created - Term. The office of the city manager i is created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and iduring the pleasure of the city council . 1. 02 Residence. Residence in the city at the time of appoint- ment of a city manager shall not be required as a condition of the appointment , but within one hundred eighty days ( 180) thereafter the city manager must become a resident of the city unless the city council approves his residence outside the city. i 1 . 03 Eligibility. No member of the cit council shall be Y eligible for appointment as city manager until one year has elapsed i after such council member has ceased to be a member of the city council . i2 . _ TEMPORARY MANAGER_ 2 .01 Designated. The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of ' the city manager. In the event there is no assistant city manager, the city manager, by a letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and i perform the duties of manager during his temporary absence or dis- ability. In the event the city ,manager' s absence or disability extends over a three-month period, the city council may, after the three-moh:th ' period appoint an acting city manager. 3 . COMPENSATION i3. 01 City Council authority. The city manager shall receive such compensation and expense allowance as the 'city council shall from time i Ordinance No. 4 Page Two to time determine, and such compensation shall be a proper charge against such funds of the city as the city council shall designate. 3. 02 Expense allowance. The city manager shall be reimbursed for all actual and necessary expenses incurred by him in the per- formance of his official duties, including those incurred when traveling on business pertaining to the city. 3. 03 Severance pay. On termination of employment of the city manager by reason of involuntary removal from office for other than wilful misconduct in office, the city 'manager shall receive cash severance pay in accordance with the terms of his agreement for employment with the city. 4 POWERS AND DUTIES 4. 01 Generally. The city manager shall be the administrative head of the government of the city under the direction and control of the city council except -a-s otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under this control . In ' addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in sections 4 . 02 through 4 . 12 . 4 . 02 Law enforcement . It shallbe the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges`'granted by the city ' council are faithfully observed. 4 .03 Authority over city employees . It shall be the duty of ' the city manager and he shall have the authority to control, order' and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads. 4 . 04 Power of appointment and removal . It shall be the duty of the city manager to, and he shall, appoint, remove, promote and demote any and all officers and employees of the city except elective officers and the city attorney. Appointment, , removal, promotion and demotion of department heads shall be recommended to the city council for concurrence and confirmation. 4 . 05 Administrative reorganization of offices. It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient , effective and economical conduct of the city' s business. Ordinance No. 4 Page Three 4. 06 Ordinance recommendation . It shall be the duty of the city manager and he shall recommend to the city council for adoption such measures and ordinances as he deems necessary. 4 . 07 Attendance at council meetings . It shall be the duty of eor individually of the city council unless excused therefrom b the city manager to attend all meetings y the ma y or the city council as a whole, except when his removal is under consideration . 4. 08 Financial report ,. It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval . 4 . 09 Purchasing. It shall be the duty of the city manager and he shall be responsible for the purchase of all supplies for all the departments or divisions of the city, No expenditures shall be submitted or recommended.to the city council except on report and approval of the city manager. 4 . 10 Investigations . It shall be the duty of the city manager to make investigations into the affairs of the city and any depart- ment or division thereof and any contractor the proper performance of any obligations of the city; further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city. 4. 11 Public property supervision . It shall be the duty of the city manager and he shall exercise general supervisionoverall public buildings, public parks and all other public properties which are under the control and jurisdiction of the city council . 4 . 12 Delegated duties . It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or ' other official action of the city council. 5. DEPARTMENTAL COOPERATION 5. 01 Relations with council The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any sub- ordinates of the city manager. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilman shall give any orders or instructions to the city manager . Ordinance No. 4 Page Four The , city council shall instruct the city manager in matters of policy'. Any action, determination or omission of the city manager shall be subject to review by the city council . The city council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three (3) members of the , city council . 5 .02 Departmental cooperation. It shall be the duty of all subordinate officers and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. 5. 03 Attendance at commission meetings . The city manager may attend any and all meetings of the planning commission, and any other commission, board or committee created by the city council , upon his own volition or upon direction of the city council . At such meetings which the city manager attends , he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof. He shall inform such members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council . 6 . REMOVAL ' 6 . 01 Method Notice The removal of the city manager shall be effected only by a majority vote of the whole council as then constituted, ��avened in a regular council meeting, subject , however, to the provisions of sections 6 ..,02 through 6 . 07. In case of his intended removal by the city council, the city manager shall be furnished with a written notice- stating the council ' s intention to remove him and the reason therefor at least thirty (30) days before the effective date of his removal ' manager of such notice requireden days after the delivery to the city 6 . 02 Hearing. Within, s ed in section 6 . 01 , he may, by written notification to the city clerk, request a hearing before the city council . Whereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration ,of the thirty-day period, at wh1 ch the city manager shall appear and be heard, with, or without counsel . 6 . 03 Suspension pending hearing. After furnishing the city manager with written notice of intended removal ,,..,the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent Ordinance No. 4 Page Five to the hearing described in section 6. 02 ' 6. 04 Council discretion . In removing the city manager, except as provided in section 6. 06 , the city council shall use its uncon- trolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the city council his grounds of opposition to his removal prior to its action. 6 .05 Limitation Notwithstanding the provisions of sections 6 . 01 through 6 .04 , the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election heldin the city at which election a member of the city council is elected. The purpose of this provision is to allow any newly-elected member; of the city council or a reorganized city council to observe the actions and ability` of the city manager in the performance of the powers and duties of his office. After the expiration of such ninety day period aforementioned, the provisions of sections 6 .01 through, 6. 04 as to the removal of the city manager shall apply and be effec- tive . 6 . 06 Wilful misconduct - Determination. In the event the intended removal of the city manager is for wilful misconduct in ' office, written notice to the city manager as provided by section 6. 01 shall state that the reason for removal is wilful misconduct in officeandshall state specific facts which constitute such wilful ' misconduct. The procedure for hearing and for suspension pending hearing shall be followed as stated in sections 6 . 01 through 6 .05 . A determination of wilful misconduct in office shall be evidenced by specific findings of facts constituting such wilful misconduct. The determination of what constitutes wilful misconduct shall be within the sole discretion of the city council provided that it shall relate to the welfare of the ,,city. ' 6. 07 Wilful misconduct `Defined. Wilful misconduct includes conduct directly related to conduct in office and directly related, ' to the duties of the office . It includes the refusal to follow the lawful directions of the city 'council . it also includes conduct not directly related to the performance of official duties of the office when such conduct has a ;diirect and harmful effect on the welfare of the city. Evidence of such direct and harmful effect shall include, but shall not be limited to, conviction of a felony. ' 7. AGREEMENTS WITIi COUNCIL 7. 01 Not abridged. Nothing in this chapter shall be construed Ordinance No. 4 Page Six as a limitation on the power or authority of the city council to ' enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter: g DECLARATION OF FACTS CONSTITUTING URGENCY This ordinance is an urgency ordinance and is for the immediate preservation of the public peace, health, and safety. The facts constituting urgency are these : The City of Atascadero is newly incorporated and comprises territory formally unincorporated. It is necessary that this ordinance take effect immediately in order to assure continuity in the application, administration and enforce- ment of the ordinances and policies of the newly incorporated city. 9. TAKING EFFECT This ordinance, being an urgency ordinance for the immediate protection of the public safety, health, and general welfare, con- taining a declaration of the facts constituting the urgency, and passed by a four-fifths (4/5) vote of the Council shall take effect immediately upon its adoption. 10. PUBLICATION The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, ' a newspaper. of general circulation, printed, published and circulated in this City; shall certify to the adoption and publication of this ordinance; and shall cause this ordinance and its certification together with proof of publication, to be entered in the Book of Ordinance of this City. The foregoing ordinance was introduced, adopted, and ordered ' published at a meeting of the Council held on July 16 1979, by the following vote : AYES : Councilmen Highland, Mackey, Nelson, Stover, and Mayor Wilkins NOES None ABSENT : None ATTEST: ROBERT WILKINS , Mayor MU AY L WARDEN, City Clerk CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 4 passed by the Atascadero City Council at its regular Council meeting held on July 16, 1979 MUy WARDEN, City Clerk City o Atascadero, California