HomeMy WebLinkAboutOrd 1314 - Ch 2.04 - City ManagerORDINANCE NO. 1314
CITY OF PALM DESERT
HUMAN RESOURCES DEPARTMENT
STAFF REPORT
REQUEST: Waive further reading and pass to second reading Ordinance
No. 1314 rescinding and replacing Chapter 2.04 of the Palm
Desert Municipal Code, establishing the policy, procedure and
regulations related to the Office of the City Manager.
SUBMITTED BY: Lori Carney, Human Resources Manager
DATE: January 12, 2017
CONTENTS: Staff Report
Ordinance No. 1314
Recommendation:
Waive further reading and pass Ordinance No. 1314 , rescinding and
replacing Palm Desert Municipal Code, Chapter 2.04 of the Palm Desert
Municipal Code, establishing the policy, procedure and regulations related
to the Office of the City Manager, to second reading.
Strategic Plan Objective:
This action isn't related to any specific Strategic Plan Objective; however it
is part of an overall modernization and streamlining of the Municipal Code.
Executive Summary:
In September 2016 the City Council negotiated an employment agreement with a
new City Manager. At this time Council directed staff to work with the City
Attorney to review, revise and modernize Chapter 2.04 of the Municipal Code,
City Manager.
The proposed revisions, attached in redline as Exhibit A, were prepared by the
City Attorney's office to comport with current law and are consistent with the
current City Manager's employment agreement.
Staff Report
Revise/Replace Chapter 2.04 Palm Desert Municipal Code — City Manager
January 12, 2017
Page 2 of 2
Some provisions which have been updated include:
• Residence requirements (these are not enforceable);
• Bond requirement (this is provided by our CJPIA insurance);
• Designation of an "Acting City Manager" (updated, clarified and improved
language);
• Termination (Revised to be consistent with current law and Council
direction);
• Various non -substantive revisions to language to make it easier to read
and improve organization.
Fiscal Analysis:
There is no fiscal impact.
Submitted by:
'
'Lori Carney, Human Resources Director
Approval:
Lauri Aylaian, City Manager
ORDINANCE NO. 1314
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA RESCINDING AND REPLACING CHAPTER
2.04 OF THE PALM DESERT MUNICIPAL CODE, CITY MANAGER.
WHEREAS, the City of Palm Desert's regulations establishing and governing the
office of the City Manager are codified as Chapter 2.04 of the Palm Desert Municipal
Code; and
WHEREAS, changes in Federal and California law along require modifications to
the municipal code; and
WHEREAS, the proposed changes are consistent with the City of Palm Desert's
City Manager employment agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT AS FOLLOWS:
Section 1.
That Chapter 2.04, City Manager, of Title 2 of the Code of the City of Palm
Desert, California is hereby rescinded, and replaced in its entirety, as
described in the attached Exhibit A.
Section 2. Upon the effective date, this ordinance will supersede, repeal, and replace
Chapter 2.04 of the Municipal Code.
ORDINANCE NO. 1314
Section 3.
ATTEST:
By:
The City Clerk shall certify the adoption of the Ordinance and shall cause
the same to be published once in a newspaper of general circulation
printed within the City of Palm Desert, California. Is shall be in full force
and effect thirty (3) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council of the City of Palm Desert, California, on the 12th day of January,
2017, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RACHELLE D. KLASSEN, CITY CLERK
APPROVED AS TO FORM:
By:
JAN C. HARNIK, MAYOR
City of Palm Desert, California
ROBERT W. HARGREAVES, CITY ATTORNEY
City of Palm Desert, California
2
PALM DESERT MUNICIPAL CODE
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.04 CITY MANAGER
2.04.010 Establishment authority.
The Council -Manager form of government is established by Article II of the city
charter. The city council shall establish the city's policies and the city manager shall
carry out those policies.
12.04.020 Eligibility.
No member of the city council shall be eligible for appointment as city manager until
one year has elapsed after the council member has ceased to be a member of the
city council.
2.04.030 Designation of acting city manager.
The city manager, by letter filed with the city clerk or deputy city clerk, shall designate
a qualified city administrative officer to exercise the powers and perform the duties of
city manager during any temporary absence or disability of the city manager.
2.04.040 Compensation and expenses.
The city manager shall receive such compensation and expense allowances 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. The
city manager shall be reimbursed for all actual and necessary expenses he or she
incurs in the performance of his or her official duties, including those incurred when
traveling on business pertaining to the city.
2.04.050 Powers and duties.
The city manager shall be the administrative head of the government of the city under
the direction and control of the city council except as 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 his or her control. In addition to the general
powers as administrative head of the city government, and not as a limitation thereon,
the city manager shall be expected to, and shall have the power to
A. Enforce all city laws and ordinances and to see that all franchises,
contracts, permits and privileges granted by the city council are faithfully observed;
B. Control, order, and give directions to all department heads who are
subject to his or her appointment and removal authority and to subordinate officers
72500.000001293850 16. I
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and employees of the city under his or her jurisdiction through their department
heads;
C. Appoint, remove, promote, and demote any and all officers and
employees of the city under his or her control, subject to all applicable personnel
ordinances, rules, and regulations;
D. Conduct studies and effect such organization and reorganization of
offices, positions, or units under his or her direction as may be indicated in the
interest of efficient, effective, and economical conduct of the city's business;
E. Recommend to the city council for adoption such measures and
ordinances as he or she deems necessary;
F. Attend all meetings of the city council unless at his or her request he or
she is excused therefrom by the mayor individually or the city council, except when
his or her removal is under consideration:
G. Keep the city council at all times fully advised as to the financial
condition and needs of the city;
H. Prepare and submit the proposed annual budget and the proposed
annual salary plan to the city council for its approval;
See that no expenditures shall be submitted or recommended to the city
council except on approval of the city manager or authorized representative. The city
manager, or authorized representative, shall be responsible for the purchase of all
supplies for all the departments or divisions of the city.
J Make investigations into the affairs of the city and any department or
division thereof, and any contract or other obligation of the city; and further 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;
K. Exercise general supervision over all public buildings, public parks, and
all other public property which are under the control and jurisdiction of the city
council; and
! . Perform such other duties and exercise such other powers as may be
delegated to him or her from time to time by ordinance or resolution or other official
action of the city council.
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2.04.060 Council-manager relations.
The city council and its members shall deal with the city's administrative services only
through the city manager, except for the purpose of inquiry, and neither the city
council nor any member thereof shall give orders or instructions to any subordinates
of the city manager. The city manager shall take his or her orders and instructions
from the city council only when sitting in a duly convened meeting of the city council
and no individual councilmember shall give any orders or instructions to the city
manager.
1 2.04.070 Departmental cooperation.
It shall be the duty of all subordinate officers, including officers not under the direct
control of the city manager, to assist the city manager in administering the affairs of
the city efficiently, economically, and harmoniously.
2.04.080 Attendance at commission meetings.
The city manager may attend any and all meetings of any commissions, boards or
committees created by the city council, upon his or her own volition or upon direction
of the city council. At such meetings which the city manager attends, he or she shall
be heard by such commissions, boards or committees as to all matters upon which he
'or she wishes to address the members thereof, and he or she shall inform the
members as to the status of any matter being considered by the city council, and he
or she shall cooperate to the fullest extent with the members of all commissions,
boards or committees appointed by the city council.
j 2.04.090 Agreements on employment.
The city council shall enter into an agreement and supplemental agreements with the
city manager delineating additional terms and conditions of employment not
inconsistent with any provisions of this chapter.
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PALM DESERT MUNICIPAL CODE
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.04 CITY MANAGER
2.04.010 O#`c neat Establishment authority.
The office of the city manager is created rc'r' ockablished. The city managr. chr_II be
appointed tho 3ity .:raunoil wholly on the basis,-¢ -his or her administrativean
executive ability nd nualifc' icne end ohcll hold offioc for snd daring the-p vas rc of
the city cccncil.
The Council -Manager form of government is established by Article II of the city
charter. The city council shall establish the citv's policies and the city manager shall
carry out those policies.
2.01.1)20 Residency requirement,
nefir':n. re in the oity st tha--time of appointment of & city mer�ycr u oII net
require cs a x idi-tion of tha appal nt, but within one hundred eighty days after
reporting fcr werk thia oity rranager msat become a resident of tho oity unless the city
aounoil approves his-er hrr r aif'cne out ids thra oity or extends thsc nonresidency
regu e 4T
2.01.0302.04.020 Eligibility.
No member of the city council shall be eligible for appointment as city manager until
one year has elapsed after the council member has ceased to be a member of the
city council.
2!M1.010 Bond`
~non roquirod by the oity oounoil, thra oity monoror ohcll furnish a ccrpwcic ✓ ro:y
bend to bo spprovoe tI, the 3ity ooanoil in ccch oam so msy bo determined by the
city council. Tho bind aha!I bo aanditio^ed-upan-tho fsithfal perfcrmsnoa of tho dutio
+r .ace ‘, on the Ety mencg. r Kccc,-ibed in thia ❑hapter. Any premium for tho
b%rt (►'h9,11 be a proper r+harge against the oit.
2.Q'I.G C',2.04.030 Designation of acting city manager.
Ther ohall serve ss mcnsgar pro tempore durinS sny terrpc;zry
absenco or ability cf tho city mcrcSef. In the event therms is n3 ossistcnt
rnens or, tho oity rsnager, by filing a written notice with the city clork, shall
designate c cccl;fied city employe to ceroice the powers end perform tha duties --of
oity meneger durinS hio or hey tamperi-Ny a.c/Enw or o'icc41=+ r-the-event tha egg
manager's absenoo or di.:r±ility cxtenda ovU a two -month period tho oity oelnail
may, aftc\ tho twe-month period, appoint cn toting oity manager.
The city manager, by letter filed with the city clerk or deputy city clerk, shall designate
a qualified city administrative officer to exercise the powers and perform the duties of
city manager during any temporary absence or disability of the city manager.
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2.O1.2.04.040 Compensation and expenses.
A, The city manager shall receive such compensation and expense allowances
as the city council shall from time to time determine-
In additio-n, and such compensation shalt be a proper charge against such
funds of the city as the city council shall designate. The city manager shall be
reimbursed for all Sots oroiractual and necessary expenses i+naurrad by himhe or
hershe incurs in the performance of his ar her official duties, including those incurred
when traveling on business pertaininq to the city.
C. Qn termination of e:r*cymont of the city menesv by roccan of invclk,:nta y
remov l from oorviec 0.1-srg than for wilfai mis\oondwt in office, tho city mermger shall
receivo sash ss:ercncc pcy in a lump sum oqual to two months' Rey for ow.-! • }ver ef
continve:Is cs+oe er freion theft f, for one your cf corvicc ac sty mar>eger, u-p-fie
s t1 1 of sin months' pay. Such pcy ohall ba oiomps; .d at tho highest salary rvocid
by tho oity monngor dering hilw er hsf s rout with the oity. In ntary rerr.v.T1 from
service shall include reduotion in pay not applicable to all ample -you.; of tho city,
trnVsc` the mansgv. ree uetion iv writing.
2.Q1.0702.04.050 Powers and duties.
The city manager shall be the administrative head of the government of the city under
the direction and control of the city council except as otherwise provided in this
chapter. Ho or 3h-eThe city manager shall be responsible for the efficient
administration of all the affairs of the city which are under his or her control. In
addition to hip or her -the general powers as administrative head of the city
government, and not as a limitation thereon, +tthe city manager shall be his or her
e expected to, and fie er Jvc shall have the power sz\*. fe\th in 'ectionc 2.QII.C`0
through 2.O1.190to:
2.01.DO Law 1!1k?1 4dW-1
!t 00 Se the Cuty of tho oity managKr. taA. Enforce all city laws and
ordinances of tho oity and to see that all franchises, contracts, permits and privileges
granted by the city council are faithfully observed..-i
2.04.090 Authority over employees.
It shall b the th-ty of ttro s iy mw,noger. and he chc ehcll havo tho authority
teB. Control, order, and give directions to all department heads ,sf &�.crtme-n-tswho
are subject to his or her appointment and removal authority and to subordinate
officers and employees of the city under his or her jurisdiction through their
department heads:
2.04.100 Pow& of cppe+n-tmont and ronleval
It shall Se the duty of the city r cna er to, and ho sr the shallC. Appoint,
remove, promote, and demote any and all officers and employees of the city under
his or her control, subject to all applicable personnel ordinances, rules, and
regulations.,
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2.01.110 Administrative reorganization of offic o
Ids#axl e--tho duty and responsibility cf tho oity manager too. Conduct
studies and effect such administrativcorpanization and reorganization of offices,
positions, or units under his or her direction as may be indicated in the interest of
efficient, effective, and economical conduct of the city's business, as long -a c oh
rmcr aanizcd positions and unit~ -ar a ao ordanrra with the tablo of nos
approved by cite coune I_.Z•
2.04,120 Jrdinancos-
ls�lall bo t a city manager and he or :ho .hat1E. Recommend
to the city council for adoption such measures and ordinances as he or she deems
necessary
2.n�0 Attcndanco at council m/y.:Angs..
It shall be the duty and right of the city manager toF.Attend all meetings
includ nr. exesjtivo cent ons, of the city council unless at his or her request he or she
is excused therefrom by the mayor individually or the city council, except when his or
her removal is under considerationLi
2.04.110 Financial roporta.
It shall be the duty of tho oity manager toG. Keep the city council at all times
fully advised as to the financial condition and needs of the city
2-01.150 Budget.
It shall bo tho duty city managor t4H. Prepare and submit the
proposed annual budget and the proposed annual salary plan to the city council for
its approval..-i
2.01.1 & Expenditum oon`rral o d purchasng.
It shall be the duty of the city manager tol. See that no expenditures shall
be submitted or recommended to the city council except on approval of the city
manager or authorized representative. The city manager, or authorized
representative, shall be responsible for the purchase of all supplies for all the
departments or divisions of the city.
2-04.170 Imv;tigations and complaints.
It shall be the duty of tho-city manager toJ. Make investigations into the
affairs of the city and any department or division thereof, and any contract or the
proper performance r,f any obligationsother obligation of the city-. and further, it shall
bo tho duty of the oity 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 city7;
2.04.180 Public buildings.
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It shall be the duty of the city manager and -Ile or she shank. Exercise
general supervision over all public buildings, public parks, and all other public
property which are under the control and jurisdiction of the city council:; and
2.04.190 Additional duties
It choli be the duty of the city manager toL. Perform such other duties and
exercise such other powers as may be delegated to him or her from time to time by
ordinance or resolution or other official action of the city council.
2.04.2002.04.060 Council-manager relations.
The city council and its members shall deal with the city's 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 or instructions to any
subordinates of the city manager. The city manager shall take his or her orders and
instructions from the city council only when sitting in a duly convened meeting of the
city council and no individual councilmancouncilmember shall give any orders or
instructions to the city manager.
2-04.2 1 02.04.070 Departmental cooperation.
It shall be the duty of all subordinate officers, including officers not under the direct
control of the city manager, to assist the city manager in administering the affairs of
the city efficiently, economically, and harmoniously.
2.04.2202.04.080 Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission,
recroatio'n and par': ✓ammiss+on, and any otherany commissions, boards or
committees created by the city council, upon his or her own volition or upon direction
of the city council. At such meetings which the city manager attends, he or she shall
be heard by such commissions, boards or committees as to all matters upon which he
or she wishes to address the members thereof, and he or she shall inform the
members as to the status of any matter being considered by the city council, and he
or she shall cooperate to the fullest extent with the members of all commissions,
boards or committees appointed by the city council.
2.01.230 Romoval procedure.
The romo�sal agar rha11 bo affected only by a three fifths majority voto
of the entiro city council, ctanvened at a regular ✓ouncAl mooting, ❑ubject, hawava , to
tho provisions of ✓aeeionc 2.0'1.2-40 through 2.01 270. In case of his intendod ramcval
by tho oity council, the city manager shall bo furnished with a written notico ctotin;
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the co noil'o int; ntien to remove him, at I•aot thirty eoyo befo e-4 a-effcotivo date of
his removal. If the city rnencger es re\di,lcoto, the ray winoil :hall p±ovide in ,g
reasons for tho intended removal, chell bo provided the pity manager;1
coven days after tho rtocip tef aiek, request from the oity mnincgor, snd zt least
fiftctvi wcyc Frier ` tho eate-of-suoh-removak
2.Q1.210 `-',Gering-
With -in m ezays after the delivery to the oity rrx.nDgor of s notic of htention to
re-rnove ho ma;-byvirit on notification to tho oity c hcL ring before the
city council. Thereafter tho eity ooenoil ohall f:x c time for the hewing which ohcll be
hold ct its r„c►:0 mooting dace, but before the expiration of the thi y poric'd, Wt
whioh the city rear ger sha11 appoar and be hovel, w h or without counsel. The
hearing shall tya Jra od to the public and pry® if the -city manager so requests.
2.01.�2&0 £{ spencievi p e ding hearinn
After furnishing tho oitynoti:ra of intended remove) &hs city
onail may suspend him from cl,uty, but hie cycivens-aticn ohcll °anti-nuo until his
ro,•no%aa1 Jsy estion of the mencil pec:.•ied b. ozlr.�nt to the hihg az cot tut in
ee ion-2.04.240.
2.01.2E0 £icerctien of council.
In removing the city mcncger, the city oounoil c ell use ito unoontrnl
its action shcil bo fincl cnC shall not depend upon any --particular showing or degree
of proof the hocring, the purpose of whie\h ve to sIIcw the city mericgev to e'tser-it
to -the eeurr�I his grounds of opposition to his 7cm•rcI prior to its ce<ian-
2.01 270 ! imiteion on removal.
Ne'hriithitenrwang the previtiona of Scctiara 2.01.2?%3 through 2.01.2UJ, the city
manes~: chcll not be removed from office, other than fir mi000nduct in office during
or -within s pot ioc' cf ninety day next cox 'coding ery general municipal election held
tlrro oity at which cicsion s memb&, ei the pity council io cleotee' or when,
eity--eounailmor. is zppointed. The purpoo of this provioion is to ellow cny newly
olootod or appointod mombcc of tho osty aaunc I or a rrrargonize/d ay oa inoil to
ol;aer-a tho cns cbility of the tity mcr: er ice.n the—pe-rformanoa rf tho powers
and -elution of his office. After tie orr-p-iratian a` the r.iFie-ty esy pvnriceliorezd in this
;option, the ovicianc of Seabee. 2.04.'Z39 as to the removcl of tip
apply and be effective.
2/,111.2102.04.090 Agreements on employment.
Nothing in this thc.�,r obeli ecrrotaexcl co a lira tatsen on the power U Gu-tharity of
The city council toshall enter into any I1,:cplementalan agreement and supplemental
agreements with the city manager delineating additional terms and conditions of
employment not inconsistent with any provisions of this chapter.
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Litera
Summary report:
Change -Pro 7.5.0.135 Document comparison done on 11/22/2016
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