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HomeMy WebLinkAboutORD 1314ORDINANCE 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 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 ORDAINED 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 That Chapter 2.04, City Manager, of Title 2 of the Code of the City of Palm Desert, California is hereby rescinded, and replaced in its entirety, as described in the attached Exhibit A. Section 2.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. Section 3. 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, and shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. 1314 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the 26th day of January, 2017, by the following roll call vote: AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE rMI -.. ! ..- ATTEST: Byr— � K - S—_ �"= . CHELLE D. KLASSN, CITY CLE CITY OF PALM DESERT, CALIFORNIA 1�1--I-9-0►-i APPROVED AS to FORM: BERT M Hk4RGRbAVES, CITY ATTORNEY 2 ORDINANCE NO. 1314 EXHIBIT A 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 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: 72500.00000\293 85016.1 ORDINANCE NO. 1314 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 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; I. 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. 72500.00000\293 S 5016. l ORDINANCE NO. 1314 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. 72500.00000\293 85016.1