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HomeMy WebLinkAboutOrd 1314 - PDMC Ch. 2.04 - City ManagerORDINANCE NO. 1314 1 MEErItte DATE ,, 7(-/ © TO PASSED TO 2No READIU l &'.,3/I7 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 That Chapter 2.04, City Manager, of Title 2 of the Code of the City of Palm Desert, California is hereby rescinded, and replaced in its entirety, as described in the attached Exhibit A. Section 2.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. 2.04.020 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 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 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 72500.00000129383016 1 DRAFT 11/22/16 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 L. 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. 72500.00000129385016. DRAFT 11122/16 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. 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. 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. 72500.00000129385016. 1 • DRAFT 11/22/16 Summary report: Litera® Change -Pro 7.5.0.135 Document comparison done on 111221201E 11:17:54 AM Style name: Default Style Intelligent Table Comparison: Active Original DMS:iw://iManage/iManage12938501711 Modified DMS: iw:/fiManageliManage12938501611 Changes: Add 73 Delete 88 Wye -Prom 1 Move To 1 Table Insert 0 Table Delete 0 Table moves to 0 Tallor;r.aafml 0 Embedded Graphics (Visio, ChemDraw, Images etc.) 0 Embedded Excel 0 Format changes 0 Total Changes: 163 PALM DESERT MUNICIPAL CODE Title 2 ADMINISTRATION AND PERSONNEL Chapter 2.04 CITY MANAGER 2.04.010 Office crc:_t'idEstablishment authority. e o ieeof th oit y rrrencger is created an ceU:ktished. Tho city -manager-shall-be appointed by the city ccL,wcll--wholly -the balie n` his cr her administrative -and exeeuIive mobility_and gualificaiinn and shall hoc' cffise for cnC ecrins the pleasure of the city counsel 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. 2- 0 n2n Re ider y iequir� meznS Residence in tho city at the time of -appointment of a pity-manaScr nccf-not-be mg -Liked so c cP -ition of the --appointment, het within_ -one tiundre eighiy_ days aft r erting fcr work -the city ri ^/eg MUM twee t cf th cityc the sty seunsi-1 ie-of her residence -outside -the oity or extends the- ne residensy Feq-u-ifemf: 2.01.Q2 2.04.020 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 }4 Q40 end When -required -by the city council, the --city manager chc11 c 61 peretc ccrcty laend tc Ir appco e : y tie-city_ceunG,1.in cLKh .V.IFX CC ma's' be�i ci by tne ei sou ciI. The borrt! chc!1 neitioneci „on than faithful parfsrmcnce of the -duties imposed upon the city manager ce Kescribeil in.. firs chapter. Aryye r the hond-shall be a props- it-i rge against the city. IRV: U.04.030 Designation of acting city manager. The ar^ictwnt city manager shall servo li*c .anager_pro temp re during_any tem ofa- y absence cr disability of the city rrcnascr. In the event there is :le zecistir1 sit/ manager,„^athe city manager, ky filing- - a •written- notice -with the city clerk, ehc."t designate • sumlifie city empleyce to exer� ems -and perform the duties -of city nxreger Bering his or her temporary absence or -disability. In the event -the --city manager's -absence et disability extends over c two month period, the sty council may, after the two-m.- nth ti-isd.,, ling -c iy-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. 72500.00000`2`.' i':i7/.29335016.1 DRAFT 11/22/16 2.04:0802.04.040 Compensation and expenses. A. The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine: II, in additie-n, , 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 aets creatinpactual and necessary expenses incufred-by--himhe or i-iershe incurs in the performance of his or her official duties, including those incurred when traveling on business pertaining to the city. C. On termination of employment of tho city rnenagar by rca\lcnn cf_-involuntaFy remcvel frer:: cc.rvvice� other than for wilful rniseon4L:ot ir: of e w city myorpr ,er chef! receive cash severolno. pay in n lulmp sum eMuaIry ttwo rree tithe, Icy for 7ror every year of contin c i y�ryice nr_fraction theFeofr-after one you of usrvice as city manager, up to a-tol& of :ix -months' ply. %uch pay shall bo comp at the highest solar; received by the city manager during hic or her scrvicc with the city. Involuntary removal from servim cheIII_ncfude-redu ie -say not applieab'e-to--all--employees--ef-#-he-eity, u1ees_the city mange- vel tari-ly-aeeeptc ouch ratec+� v g. 2,04.0702.04.050 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. l e & 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 li-ic er herthe general powers as administrative head of the city government, and not as a limitation thereon, itthe city manager shall be his -or her dutyrexpected to, and he er the -shall have the power set forth -in Sections 2,Q1,C'li0 through 2,Q1.19O- to: 2.04.080 Law enforcement. 't sha l be tha duty of the city nvneser teA. Enforce all city laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.: 2.O4.Q9O ❑uthArity ev r employees. It shall be the duty of the cit$ manager. and he orr a shall have tha a ority teB. Control, order, and give directions to all department heads of rlepartmentswho 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.O1. 100 Power of appointment and-remyah It shall be the duty of tha eity rr:awager to ewd--he or 21•: el►slIC. 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.: 72500.00000E9355017. 129335016 1 DRAFT 11/22/16 2:01.1-l0 Administrative reorganization of offices. It shall be the duty and responsibility of the city manager too. Conduct studies and effect such adistrativeorganization 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 as such reorganized positions and units are in accordance with the table of positions i 2.04.120 Grdinon es: It shall be the duty of the city manager and he or she shallE. Recommend to the city council for adoption such measures and ordinances as he or she deems necessary-i 2.04.130 Attendance . It shall be t o-dut, -right-ef-the-c+ty-manager--4eF.Attend all meetings, including -executive sessiens; 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 2.04.140 Financial reports. ffehall be G. Keep the city council at all times fully advised as to the financial condition and needs of the city:i 2.04.150 Budget. It shall be the duty of the city manager toH. Prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.,i .2 04:140 Expenrliturn eentrr.I rand purchasinw It c.hal, be the dutyy of then city manager tel, 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. 2.04470 _Investigations anri eampIaint Itshall _be the c it„ of tho city—mana ooJ Make investigations into the affairs of the city and any department or division thereof, and any contract or the pyoper_perforrnanoes of any „b4gationsother obligation of the city-; and further, it shall be tho duty of the city man-agor 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.= 2434.1 E0 P - 72500.00000k293R 5017.129335016.1 DRAFT 1022/16 It shall be the duty of he-s n ger .ten 4a-or-ehe shalIK. 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 s- tt-shallt-duty of the lty m,,an ge ,,L 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. 2.02.04.060 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 eouncilmancouncilmember shall give any orders or instructions to the city manager. 2.04.2102.04.070 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 oornmissieR-; feereationand park commisston, and any—othofany 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. 2.01.27/3-Romowl procedure. The removal of tho city manage: chall bo affectcd oily by a three fifthc mcjority vote ef-The entire eV..y rounoil, Oon vr4d at a regt,.�;er cc►;noil mooting, of ject, hoover, to the erevioiefrs of Scaticnc 2 O't 210 thrr►;gh 210 .27e. In woo of his nnteneol :omovcl by the city cou ' , neger ehall -bc furniohcd with -a written notice &eating 72500.00000k29385017.129385016.1 DRAFT 11/22116 the-eeunoil1c intention to removrr.e h;m,-a} leas{ thirh.-4ays before -the effective date of v � �r reasons r� v&1. if the �cfi�trJ me cr c� res- tat,{r. t within reasons for that n eid- vat nfth yh' H be pswi-ded the wife manager ■li h n sewn days after the receipt of such rcgweet from the city manager, c t wt Lost fifteen days prior to the cffective-date-of such remegval_ 2.Q1.21Q Pfacr4ng. Within -seven -days -after the delivery t r of c rake ef intention to remove, he mayby_ written_notificatin t .n to the Eby--�errequest-a--krearir+g-be#ore--fie city -council. Thcrcefter the city counsit-shay a time for the -hearing-which-shall--be held at its uo.:al meeting leiaee, c:A day period, at whvh the city manager shall appser oral k heard -with or wi harm .out -co ne The hearing -shall -be -closed to the public and prenc if the elf,-meneser cc req cstc 2.V1.:KC Euspensn ion pending hcari After -furnishing ths oity -manager with v ittcn netiee of ink, r council mey aus ;4-rill from g►qy, but his compensation -shall continua u.,t:l h;s remevel Cy c $oa =f the ac►'nn aecrd tolosequont to tho hcering cot eet in Seatien 0424-07 2.C'1.2eQ Piccrctic7 n el ewer ; h i� A r� } In -removing -the the eity manager, the elty council shell use its uncentrollecl discret -aC,C ite chsll ke final end shut -depend --fin any -particular-showing or degree of-pnef et the hearing, the p rreoc. sf which -i8 to alle.v the city manager to Present to -the council h;c. rsro, ends of opposition to his -removal prior -to -its action: 2,Q Q.27C !imitation en removal. N-etwith-sta ,rj the rrnvi� nc >f iectierrs 2.04.Z0 through 2.04.260, the 2ty< manager-sha - =TOT be remT ved. frem office,office;other then for misconduct in tithee, ing er-within a period of „ins . dey next succeeding any generat municipal election heid the-city-at4A-e-liWietin a member cif is elected or whin a new city eounoitman is ,appoint 4-T-he ose of this rovi-sion io is Blow --any newly elected or appointed member of tP a -city council er a reorganized city council to observe t'lrc notions soon ability of the city rr&nager in the perkrmrane. ef the powers and duties of hie affice. After the expiration of the ninety dey perise mentioned in this section, the • - 'aims of Shticri '?1?1.22Q es -to -the removal of the city mane-ger-shall apply and be effective, 2.04.2802.04.090 Agreements on employment. Nothing -in thic .hexer c\n the power_araithority of The city council teshatl enter into any- supplementalan agreement and supplemental agreements with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter. 72500.00000""�-- 4--", ' 29333016.1 DRAFT 11 /22116 Summary report: Litera® Change -Pro 7.5.0.135 Document comparison done on 11/22/2016 11:17:54 AM Style name: Default Style Intelligent Table Comparison: Active Original DMS:iw://iManage/iManage12938501711 Modified DMS: iw:/liManage/iManag e1293850 I611 f Changes: Add 73 Delete 88 Meire-Frem 1 Move To 1 [Table Insert 0 Table -Delete 0 Table moves to 0 Tzblc me.4w, from 0 Embedded Graphics (Visio, ChemDraw, Images etc.) 0 Embedded Excel 0 Format changes 0 Total Changes: 163