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HomeMy WebLinkAbout15-M ORDINANCE NO. 15-M AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING ORDINANC~E NO. 15 BY CREATING AND ESTABLISHING THE OFFICE OF CITY MANAGER, DE- FINING THE DUTIES AND POWERS THEREOF AND PROVID- ING COMPENSATION THEREFOR ! The City Council of the City of S.aratoga does ordain as follows: Section 1: Section 1.1: Section 2.1 and 2.2 of Ordinance.15 are hereby superseded and repealed. Section 2: Section 2.1: CITY MANAGER OFFICE CREATED. The office of the City Managerlof the City of Saratoga is hereby created and established, pursuant to Subdivision (a) of Govern- ment Code Section 34851 of the S~ate of California. The City Manager shall be appointed by th~ City Council, and hisselec- tion shall be made wholly on the basis of his administrative and executive ability and qualifications. Subject to Section 9 hereof, he shall hold office for and during the pleasure of the City Council. All reference to City Administrator or City Clerk-Administrator in all City ordinances, resolutions and Code provisions shall hereafter ibe deemed to mean City Manager. Section 2.2: CITY CLERK. The dity Manager shall serve as City Clerk and shall b~ responsible for the performance of the functions of the office of City Clerk. Section 3: 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 may3be determined by said City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Ma a and n get Acting City Manager as herein prescribed. ,Any premium' for such bond shall be a proper charge against the City of Saratoga. Section 4: ACTING CITY MANAGER. The Assistant City Manager shall serve as manager p~o tempore during any temporary ab- sence or disability of the Cit~ Manager. In the event~h~:n~.lA Asbistant City Manager, the City Manager shall designat~ a £ied 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 ~disability extends over a two month period, the City Council may, after the two month period, appoint an Acting City Managerr Section 5: COMPENSATION. Thet City Manager shall receive such compensation as th~ City Council shall from time to time establish by amendment toiOrdinance No. 15. The compensation for the City Manager on the effective date. of this ordinance shall be the compensation in effect ~or the City Clerk-Administrator. In addition, the City Manager !shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties. Section 6: VACATIONS AND SIC~ LEAVE. The City Manager shall be entitled to all vacation, sick leave, and fringe Benefits as presently set forth i~ Section 1.5, 1.6, and 1.7 of Resolution Series No. 85, or as that Resolution Series may hereafter be from time to time amended. Section 7: PO~ERS AND DUTIES. ~e City Manager shall be the administrative head o4 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 affair~ of the City which are under his control, In addition to his general powers as administrative head, and not ab a limitation thereon, it shall be his duty and he shall have thejpowers set forth in the follow- ing subsections. Section 7.1: LAW ENFORC~ENT. I.t shall be the duty of the City Manager to enforce %all laws, Code provisions an d Ordinances of the City~ and he s~all have the powers of a peace officer. He shall also see that all franchises, contracts, per- mits, and privileges granted by the City Council are faithfully observed and the conditions, if 'Any, thereof performed. Section 7.2: CITY CLERKFUNCTIONS. It shall be the duty of the City Manager to perform the statutory functions of City Clerk. He may delegate the.duties of this office to duly designated deputies. Section 7.3:.~ 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 thr6ugh their department heads. Section 7.4~ POWER OF APPOINTMENT AND REMOVAL. The City Manager shall have the duty to, and he shall appoint, employ,- remove, promote, and demote any'and all officers and employees of the City of Saratoga, subject law and any personnel ordinances or resolutions, and submit further to the requirement that no department head shall be either employed or discharged without the consent o£ the City Council. Section 7.5: ADMINISTRATIVE REORGANIZATION OF OFFICES. It shall be the duty and. r~sponsibility of the City Manager to conduct studies and effect s~ch administrative reorganization of offices, positions or units ~nder his directionas may be in- dicated in the{nterest of effil.cient, effective and economical con- duct of the City's business. Section 7.6: ORDINANCES. It ~hall be the duty of the City Manager and he shall recommend to the City Council for adop- tion such measures and d' or lnances as he deems necessary. Section 7.7: ATTENDANCE AT COUNCIL MEETINGS. It shall be the duty of the City Manager to attend all meetings of the City Council unless he is excused therefrom by the Mayor individually or the City Council. Section 7.8: FINANCIAL REPORTS. It shall be the duty;of the City Manager to Ikeep the City Council at all times fully advised ,~as to the financial condition and needs of the City. Section 7.9: BUDGET. It shall be the duty of the City Manager to prepare and ~ubmit the proposed annual budget and the proposed annual sal ar~ plan to the City Council for its approval 72- Section 7.10: EXPENDITURE CONTROE AND PURCHASING. No expenditure shall be submitted ~to or recommended to the City Council except on approval of the City Manager or his duly author- ized representative, and he shall~be responsible for the purchase of all supplies for all the departments and divisions of the City. The City Manager shall have such fiscal and other'~w~ and duties as are more particularly set £ortb in Resolution No. 8 of this City. Section 7.11: INVESTIGATIONS AND~COMPLAINTSo It shall be the duty of the City ManageF to make investigations into the affairs of the City and any deparFment or division thereof, and any contract or the proper performance of any obligations~of the City. Further, it shall be the duty of the City Manager to in- vestigate all complaints in relation to matters concerning the administration of the City government ,and in regard to the set- 'vice maintained by public utilities in said City, and to see that all franchises and permits granted by 'the city are faithfully performed and that the provision~ and requirements thereof are observed. t Section 7.12: PUBLIC BUILDINGS. i It shall be the duty of the City Manager and he shall exercise generalsupervision over all public buildings~ public parks, and all other public property which are under t~e control and jurisdiction of the City Council. Section 7.13: 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. Section 8: Section 8.1: COUNCIL-MANAGER RELATIONS. The City Council and its members shall 'deal with the administrative. services of the City only through the City Manager, except for the purpose of inquir.~-{~ and neither the City Council nor any member t~ereof shall give orders or instructions to any sub- ordinates of the City Manager. Section 8.2: DEPARTMENTAL COOPERATION. It shall be the duty of all subordinate officers. and the City Treasurer and City lttorney, to assist th? City Manager in administering the affairs of the 'City efficient~y~.economically and harmoniously. Section 8.3: ATtENDaNCE AT COMmiSSION MEETINGS. r The City Manager ~ay attend any and all meetings of the Planning Com- mission, Parks and R[creation Commission, and any othe~ commissions, boards or committee~ created by~ the City Council, upon his own t or upon direction of the C'ity Council At ~uch meetingslwhich ~ ion~ · the C~ty ~anage~ att~n,s, he sh~all be Heard by such commissions, boards or committees as to'all ~atters upon which he ~ishes to address the members thereof~ and h~ sh~ll in~ormTsaid memloers as to the status of' any m~tter being con~idered 'by the'City Coun~il~ and he shall co- operate to the fullest exteAt with the members of all commissions, boards or 9ommitte~s'a~point~d ~by the City CoUncil. SectiOn 9: REMOVAL PROCEDURE.TM Section 9.1: REMOVAL OF tITY MANAGE~. ~The removal of the City Manager ~shal~ be effected only by H majority vot~ of the whole City;Council as then constituted, convened in a regular Council meet- ing, subject, however, to the ~rovisions of the next succeeding sub sections. In case of his intehded 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 ef£ective date of his removal. ~f the City Manager so requests, the City Council shall provide in wrfting 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. Section 9.2: NEARING. Within-s~ven days after. the delivery to the City Manager o~ such notice of intention to remove, he may by written notifidation, duly delivered, request a hearing before the ~ity Council. Thereafter the City Council shall fix.a time for the hearinglwhich shall be held at its usual meeting place, but before the expiration of the thirty day period, at which the City Managerz shall ~ppear and ~e heard, with .or .without ?counsel.. Section 9.3: SUSPENSION PENDINGZHEARING. After furnishing the City .Manager wit~writ~n notice of intended removal, the City Council may'suspend. him fro~ duty, ,but his compensation shall continue until his'removal by action of the Council passed subsequent to the aforesaid hearing. Section 9.4: DISCRETION OF COUNCIL.. In removing the City Manager, the Cik~ Council shall~use its uncontrolled discretion and its, action shall befinal and shall not depend uponrany particular showing or degree of ~roof at'th~ hearing, the purpose of which is allow the City Manager to presen~ to said City Council'his grounds of opposition to his removal prior ~o its action. Section 9.5: LIMITATION ON REMOVAL. Notwithstanding the provisions of Section. 9 hereinabOve set.forth, the City Manager shall not be removed from office, otheF than for misconduct in office, during or within a period of ninety (90) days next succeeding any general municipal election held in the C~ty at which election amember of the City Council is elected;the purpose of this provision,is to allow any newly elected member of the 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 aforemention- ed, the pr?visions of Section 9 as to the. removal of-said City Manager shall 'apply and be effective. ,S~{0~:.lO: AGREEMENTSON EMPLOYMENT, Nothing in this ordinance shall ""~" beconstrued as a l{mitation on the~power or authority of ~Lthe City Council to enter into any~s~pplemental-agreement with the City Manager delineating ladditional terms and conditions'oflemployment not inconsistent.with any provisions~ of this ordinance. nt This ordinance was regularly i roduced and after the waiting time required by. law~was thereafter passed~ and adopted this 6th day of August - , 1969, by~ the following vote: AYES: Councilmen Tyler, Dwyer, ob~i Smith, Sanders R . us, NOES: ~ None ~ ,~,,= j MAYOR ~TT~ST:" , %~/ CITY TORNEY U Published accardjng ~0 law.