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HomeMy WebLinkAboutOrdinance 086 ORDINANCE NO. 86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 4 OF TITLE 2 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE CITY MANAGER The Council of the City of Atascadero does ordain as follows: Section 1. Chapter 4 of Title 2 of the Atascadero Municipal Code is amended to read as follows: Chapter 4. City Manager Sec. 2-4.01. Office created: Term. The office of the City Manager 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 during the pleasure of the City Council. Sec. 2-4.02. Residence. Residence in the City at the time of appointment of a City Manager shall not be required as a condition of the appointment, but within one hundred eighty (180) days thereafter the City Manager must become a resident of the City unless the City Council approves his residence outside the City. Sec. 2-4.03. Temporary Manager. 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 perform the duties of manager during his temporary absence or disability. In the event the City Manager ' s absence or disability extends over a three (3) month period, the City Council may, after the three (3) month period, appoint an Acting City Manager. Sec. 2-4.04. Compensation. The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge, against such funds of the City as the City Council shall designate. Sec. 2-4.05. Expense Allowance. The City Manager shall be reinbursed for all actual and necessary expenses incurred in the performance of his official duties, includ- ing those incurred when traveling on business pertaining to the City. Sec. 2-4.06. Powers and Duties Generally. The City Manager shall be the administrative head of the govern- ment of the City under the direction and control of the City Council. The City Manager will promote teamwork ,and harmony with staff and City Council. The City Manager shall be responsible for the Y efficient administration of all the affairs of the City which are under his control. In addition to his general powers as admin- istrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in Sections 2-4.08 through 2-4.17. Sec. 2-4.07. Law Enforcement. It shall be 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. Sec. 2-4.08. 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, subordinate officers, and employees of the City through their departmentheads. Sec. 2-4.09. 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 depart- ment heads, officers, and employees shall be recommended to the City Council for concurrence and confirmation. Sec. 2-4.10. Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to conduct studies and recommend to the City Council for their concur- rence 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. Sec. 2-4.11. Ordinance Recommendation. It shall be the duty of the City Managerandhe shall recommend to the City Council for adoption such measures and ordinances as he deems necessary. Sec. 2-4.12. Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom by the Mayor individually or the City Council as a whole, except when his removal is under consideration for misconduct. Sec. 2-4.13. 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. Sec. 2-4.14. Purchasing. It shall be the duty of the City Manager and he shall be re- sponsible 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. Sec. 2-4.15. Investigations. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof and any contact or 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. Sec. 2-4.16. Public Property Supervision. It shall be the duty of the City Manager and he shall exercise general supervision over all public buildings, public parks, and all other public properties which are under the control and jurisdiction of the City Council. Sec. 2-4.17 . 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. Sec. 2-4.18. Relations with Council. The City Council and its members shall deal with the admin- istrative 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 subordinates of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly con- vened meeting of the City Council and no individual Council member- shall give any orders or instructions to the City Manager. 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. Sec. 2-4.19. 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. Sec. 2-4.20. Removal; Method; Notice. The City Manager shall hold office for and during the pleasure of the City Council. The removal of the City Manager when he no longer serves at the pleasure of the City Council, shall be effected only by a majority vote of the whole Council as then con- stituted, convened in a regular Council meeting. 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. Sec. 2-4.21. Willful Misconduct: Determination. In the event the intended removal of the City Manager is for willful misconduct in office, written notice to the City Manager, as provided by Section 2-4.20 shall state that the reason for removal is willful misconduct in office and shall state specific facts which constitute such willful misconduct. The procedure for hearing and for suspension pending hearing shall be followed, as stated in Sections 2-4.23 through 2-4. 24. A determination of willful miscoduct in office shall be evidenced by specific findings of fact con- stituting such willful misconduct. The determination of what con- stitutes willful misconduct shall be within the sole discretion of the City Council, provided that it shall relate to the welfare of the City. Sec. 2-4.22. Willful Misconduct: Defined. "Wilful misconduct" includes conduct directly related to conduct in office and directly related to the duties of the office. It in- cludes the refusal to follow the lawful directions of the City Council. It also includes conduct not directly related to the per- formance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the City. Evidence of such direct and harmful effect includes, but is not limited to, conviction of a felony. Sec. 2-4.23. Removal: Hearing. Within seven (7) days after the delivery to the City Manager of such notice required in Section 2-4.20, he may, by written notification to the City Clerk, request a hearing before the City Council. Thereafter, the City Counciul shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty (30) day period, at which the City Manager shall appear and be heard, with or without counsel. ` Sec 2-4.24. Removal: Suspension Pending Hearing. After furnishing the City Manager with written notice of intended removal, the City Council may suspend him from duty, but his 'com- pensation shall continue until his removal by resolution of the Council passed subsequent to the hearing described in Section 2-4.23 Sec. 2-4.25. Removal: Council Discretion. In removing the City Manager, except as provided in Section 2-4.21, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any par- ticular 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. Sec. 2-4.26. Agreements with Council Not Abridged. Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any sup- plemental agreement with the City Manager delineating additional 0 terms and conditions of employment not inconsistent with any pro- visions of this chapter. Section 3. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Attascadero News, a newspaper of general circulation, printed, published, and circulated in this City in accordance with Government Code Section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on November 13,1984 and adopted at a regular meeting of the City Council held on November 26, 1984 - AYES: Councilwoman Norris and Mackey; Councilman Molina and Handshy and Mayor Nelson. NOES: None ABSENT None ROLFE D. NELSON, MAYOR ATTEST: ROBERT M. JONECity Clerk APPROVED AS TO RM: * ALLEN GRIMES, City Attorney APPROVED AS TO Z7�) p.a..t,�, - - RALPH H. DOWELL, JR. , Acting C ty Manager