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HomeMy WebLinkAboutORD 17ORDINANCE NO. 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP PALM DESERT, CALIFORNIA, CREATING AND ESTABLISHING TIM OFFICE OF CITY MANAGER, DEFINING THE DUTIES AqD POWERS THEREOF AND PROVIDING COMPENSATION. THEREFOR The City Council of the City of Palm Desert does ordain as follows: Section 1. Office Created. The office of the City Manager of the City of Palm Desert is hereby created and established. The City Manager shall be appointed by the City Council wholly on the basis of his administrative and executive awility and qualifications and shall hold office for and during -tee plaasure of the City Council. 8e:`tios 2. Residence. Residence in the City at the ---. =_ appointment of a City Manager shall not be required as a =ondition of the appointment, but within one hundred eich_v (180) days after reporting for work the City Manager rnast become a resident of th ^.lty unless the City Council approves his residence outsi.e City or extends the non- residency requirement. Sectio= 3. Eligibility. No member of the City Council sha'_i be eligible for appointment as City Manager until one =_a= has elapsed after such Council member shall have ceased to be a nerber of the City Council. Section 4. Bond. The City Manager and Acting City :Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the said City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the Cite Manager and Acting City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City of Palm Desert. rAM'` section S. Acting City Manager. The Assistant City Kanager 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, r by filing a written notice with the City Clerk, shall designate a qualified city employee to exercise the powers and perform the duties of City Manager during his temporary absence or disability. In the event the City Manager's absence or dis- ability extends over a two -month period, the City Council may, after the two -month period, appoint an Acting City Manager. Section 6. Compensation. The City Manager shall receive such compensation as the City Council shall from :iLe to tim` determine. In addition,t he City Manager shall be reimbursed for __:._' actual and necessary expenses incurred by him in the of his official duties. _= t'_^ ination of employment of the City Manager by real :: !-r- luntary removal from service other than for =;ar::k in office, the City !Manager shall receive cas'- se-7s=anze pay in a lump sum equal to two months' pay = year of continuous service or fraction thereof, :ae year of service as City Manager, up to a total of as aonths' pay, such pay to be computed at the highest salary received by the City Manager during his service with the City. Involuntary removal from service shall include reduction in pay not applicable to all employees of the City, unless the City Manager voluntarily accepts such reduction in writing. Section 7. Powers and Aut: ;. 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 ordinance. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addi- tion to his general powers as administrative head, and not 2 ORD. 17 Y i � as a liwitation thereon* it shall be his duty and he shall have the powers set forth in the following subsections. TA. 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 t'he City Council are faithfully observed. 7.2. Authority Over 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. 7.3. Power of Appointment and Removal. It shall be ---e =u_g of the City Manager to, and he shall appoint, remove, ,_.: demote any and all officers and employees of the Ci=- -; Pal-- Desert under his control, subject to all apt" cable Fr_rsonnel ordinances, rules and regulations. 7.4. A_j�2inistrative Reorganization of offices. It s':ali be the duty a:... ,nsibility of the City Manager to conduct s;sdies and effect such administrative reorgani- zat;c: of o!=ices, positions or units under his direction as indicated in the interest of efficient, effective and conduct of the City's business. 7.3. Ordinances. It shall be the duty of the City Xanacer and he shall recommend to the ri.iy Council for adoption such measures and ordinances as he deems necessary. 7.6. Attendance at Council Meetings. It shall be the duty and right of the City Manager to attend all meetings, including executive sessions, of the City Council unless at his request he is excused therefrom by the Mayor individually or the City Council* except when his removal is under consi- deration. 3 ORD. 17 w 7.I. Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City. 7.8. Budget. 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. 7.9. F.apenditure Control and Purchasing. It shall be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or his authorised representative. The City .tanager, or his authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City. 7.10. Investigations and Complaints. It shall be the :g of the City Manager to make investigations into the o= the City and any department or division thereof, a:.:__ =exact or the proper performance of any obligations 01_ _= Further, it shall be the duty of the City Manager -, a-=i:n=e all complaints in relation to matters concerning the =�Ys ration of the City government and in regard to the =aiatained by public utilities in said City. '.:1. Public Buildings. It shall be the duty of the :tanager and he shall 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. 7.12. Additional 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. 4 ORD. 17 r.a4 section f. internal Relations 0.1. Council -Manager Relations. The City Council and its sobers shall deal with the administrative services of 1 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 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. 8.2. Departmental Cooperation. It shall be the duty =` all subordinate officers, including officers not under -�e direct control of the City Manager, to assist the City "a--arer in administering the affairs of the City efficiently, and harmoniously. .ttendance at Commission Meetings. The City =___ =a_ attend any and all meetings of the Planning Recreation and Park Commission, and any other ^ss:c=s, boards or coomnittees created by the City Council, _:_ �: s own volition or upon direction of the City Council. a= s-_-z 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, and he shall inform said members as to the status of any natter being considered by the City Council, and he shall cooperate to the fullest extent with the members of all PAcommissions, boards or committees appointed by the City Council. Section 9. Removal Procedure. 9.1. Removal of City Manager. The removal of the City Manager shall be effected only by a 4/5 majority vote of the S ORD. 17 entire City Council, convened in a regular Council n.=sting, subject, however, to the provisions of the next succeeding subsections. 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, at least thirty days before the effective date of his removal. if the City Manager so requests, the City Council shall provide in writing reasons for the intended removal, which shall be provided the City Manager within seven days after the receipt of such request from the City Manager, and at least fifteen days prior to the effective date of such removal. 9.2. Hearing. within seven days after the delivery to = e City Hazager of such notice of intention to remove, he may -. .•_en notification to the City Clerk, request a hearing :4.f:=a -.re City Council. Thereafter the City Council shall a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty -day period, at w-'-ich the City Manager shall appear and be heard, •.ith or without counsel. Said hearing shall be closed to the public a-.d press if the City Manager so requests. 9.3. Suspension Pending Hearing. After furnishing the C!.::anace= with written notice of intended removal, the 7 r - :cuncil may suspend him from duty, but his compensation shall continue until his removal by action of the Council passed subsequent to the aforesaid hearing. 9.4. Discretion of Council. In removing the City Manager, the City Council shall use its uncontrolled dis- cretion 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 said City Council his grounds of opposition to his removal prior to its action. S ORD. 17 • 6 V.S. Liwitation on ft eval, Notwithstanding the pro- visions of Section % hereinabove set forth, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety (90) days next succeeding any qoneral municipal election held in the City at whie),: election a member of the City Council is elected or when a new City Councilman is appointedi the purpose of this provision is to allow any newly elected or appointed ssmsuber 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 said ninety (90) day period aforementioned, the provisions of Section 9 as to the removal of said City Manager shall apply and be effective. Section 10. Agreements on Employment. Nothing in this shall be construed as a limitation on the power or o`_ the City Council to enter into any supplemental acre _a=_= :-ith the City Manager delineating additional terms of employment not inconsistent with any pro- .. ;i==s :: riis ordinance. =*=iz3 11. Effective Date and Publication. This wall take effect thirty (30) days after the date =_ :ss aloation and prior to the expiration of fifteen (15) :.s;_s irom the passage thereof shall be posted in three public ;:aces within the City limits of the City of Palm Desert. PASSED and ADOPTED this loth day of ! January 19_4, by the following votes AyEs, Councilman-istonj Councilwoman Rensons Councilman Brush; Councilman McPherson; Mayor Clark HOES s done ' ASSENTs None enry RX C ar ,Mayor- R. A'lTP.87 s sssus, City Clerk City bf Pala Desert r: 7 ORD, 17