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ORDINANCE NO, 15-M
AN ORDINanCE OF THE CITY COUNCIL OF THE CITY OF-
SARATOGA ~NDING ORDINANCE NO, 15 BY CREATING
AND ESTABLISHING THE OFFICE OF CITY M~AGER, DE-
FINING THE DUTIES AND POWERS THEREOF ~ND PROVID- -
· ING COMPENSATION THEREFOR
~ _ The City Council of the Cit~ of Saratoga d~es ordain as follows:
Section 1 ~ ,~. ' _ . .~ Z ' - :' ~ .. ].. ...:, ..7 -~. !.' .:~
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",~ :..'- "'- .' .. '-. 'i' Section 1,I:
__.>. .. .. . = Section 2,1 'S~a"2,2 of OrdinanCe 15'~re h'er~b ~up~r~ede~ and = -= -
' ' . i. repealed, """' ' -~ .:- .- '.
,.--. .. .--.- .. ~..
Section 2.1: CITY~IA,~ER OFFICE CREATED. The'office of the
v !=-', ~' s-' City Manager of the City of Saratoga is hereby ' ·
~ '! created and established, pursuant to Subdivision (a), of Govern-
ment Code Section 3~851 of the State of California'. The City
Manager shall be appointed by the City Council, and his selec-
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 be deemed.to mean Cit~ Manager.
section 2.2: CITY CLERK. The City Manager shall serve as City
Clerk and shall be responsible for the performance
of the functions of the office of City Clerk.
Section 3: BON~. 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 said City CounCil,
and shall be conditioned upon the faithful performance of the -
duties imposed upon the City Manager and 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 bL~AGER. The Assistant City bianager shall
serve as manager pro tempore during any temporary ab-
sence or disability of the City Manager.. In the event there is no
Assistant City bianager, the City Manager shall designate a quali-
fied 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 crdisability extends over a
two month period, the City Council may, after the two month period,
appoint an Acting City bianager.
Section'5: CONPENSATION. The City Manager shall receive such
compensation as the City Council shall from time to
time establish by amendment to Ordinance No. 15. The compensation
for the City Manager on the effective date of this ordinance shall
be the compensation in effect for the City Clerk-Administrator.
In addition, the City bianager shall be reimbursed for all actual
and necessary expenses incurred by him in the performance of his
official duties.
Section 6: VACATIONS A~D SICK LEAVE. The City Manager 'shall
~ ;' be entitled to all vacation, sick leave, and fringe
Benefits as presently set forth in Section 1.5, 1.6, and 1.7
of Resolution Series No. 85, or as that Resolution Series may
hereafter be frown time to time amended.
Section 7: 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
~ ,,~ ' "' otheNise" provided in this ordinance. He shall be responsible
r : t '. .-,- i'L.' ~.'. for the efficient administration of allthe affairs.of the C'ity ,,'~'~ · . ,~.,.
.
~- ,"" ", : ~;hich are under his control. In addition to his general, powers
,. .._ ;~-, ' ~, 7 f' .-'?'~"~j- as administrative head, and not asja limitation thereon~ it shallTM ' '
' :" o i ,ces of city and he shall have the pawera of a peace
F"', '~-. officerj He shall alsd see that all franchises, contracts, per-""
Y~,~,' ,Tii;:~,-.~--[ ~!'~ ?j: mits, ,and privileges granted by the-City Council.are faithfully
i '," City ~lanager ~o perform the statutory functions of
'- ' ' City Clerk. He may delegate the duties of this office to duly
. .'.: designated deputies. - -.
Section 7.3: AL.TH_ORITY 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.
Section 7.~: POWER OF A_PpO!}FD.~NT Ah~ REMOVAL. The City Manager
shall have the duty to, and ha shall appoint, employ,
remove, promote, and demote any and all officers and employees of
the City of SaratoGa, subject to all applicable provisions of State
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 of the City Council.
Section 7.5: AD}IINISTR~TIVE REORGkNIZATION OF OFFICES. It shall
be the duuy and responsibility of the City Hanaaer
to conduct studies and effect such administrative reorganiiation
Of offices, positions or units under his direction as may be in-
dicated in the interest of efficient, effective and economical con-
duct of the City's business.
Section 7.6: ORDIN~.ICES. It shall be the duty of the City Manager
and he shall recommend to the City Council for adop-
tion such measures and ordinances as he deems necessary.
Section 7.7: ATTE}~ANCE AT COUNCIL !.fETINGS. It shall be the duty
of the City Hanggel to attend all meetings of the City
Council unless he is excused therefrom by the ~ayor individually or
the City Council.
Section 7.8: FIN~.ICIAL REPORTS. It shall be the duty of the
City l.!anager to keep 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 ~fanager
no prepare and submit the proposed annual budget
-' and the proposed annual salary plan to the City Council for its
approval
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'i Section 7.10: EXPE}~ITURE CONTROL 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 Hansget shall have such fiscal and other p~ers and duties
' ~ as are more particularly set forth in Resolution No. 8 of this City.
· . : :2 Section 7~11: IN~rESTIGkT!ONS k~ CO~IPLAINTS. , It, shall be'the duty
: . of the City Manager to make investigations into the
affairs of the City and any department or division thereof, and
f" ~ ~: " any contract or the proper performance of any obligations~of the
· -: - City. Further, it shall be ~he duty of the Cfty~[anage~'to in-
'" vestigaCe all complaints in relation to matters concerning the
. ,"" administration of the City government and in-regard to the ser-
~- ' vice maintained b~ public utilities in said City,.and to see that'
· / all franchises and permira granted by the city are faithfully--
-. . .- performed and that the provisions and requiremenzs ~hereof are'
· . ~ Section 7.12: PUBLIC BUILDINGS. 'It shall be the duty of the City
Manager 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
Section 7.13: ADDITIONAL DUTIES. It shall'be the~dutyof the'
City Hansgay 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 o~her official action of
the City Council.
Section 8:
Section 8.1: COL~{CIL-}L~IAGER _~LATIONS. 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 inquiry; and neither the City Council nor any
member thereof shall give orders or instructions to any sub-
ordinates of the City Manager.
" Section 8.2: DEPART~,~NTAL COOtERATION. It shall be the duty
of all subordinate officers and the City Treasurer
and City Attorney, to assist the City }laneget in administering the
affairs of 'the City efficiently, economically and harmoniously.
Section 8.3: ATTE%D~YCE AT COI~iISSION }~ETINGS. The City Manager
may a~tend any and all meetings of the Planning Com-
mission, Parks and Recreation Commission, and any other commissions,
boards or committees created by the City Council, upon his own voli-
tion or upon direction o~ the City Council. At such meetings which
the City ~.[anager 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 matter being considered by the City Council, and he shall co-
operate to the fulleat extent with the members of all commissions,
boards or committees appointed by the City Council.
Section 9: REIOVAL PROCEDURE.
Section 9.1: RD!OV~, OF CITY M~IAGBR. The removal of the City }Ianager
shall be affected only by a majority vote of the whole
/ ' City Council as then constituted, convened in a regular Council meet-
ing, subject, however, to the provisions of the next succeeding sub
sections. In case of his intended removal by the City Council, the
City Nanager shall be furnished with a written notice stating the
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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 remova~~
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: HEA_RIIqGj Within seven days a~ter the delivery to
.
the City M~ager of such notice of intention to
~ ~' remove, he may by ~itten notification, duly delivered, reques~ '
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- 7,'. a hearing before the city Council~ ~ereafter the City Council ....
' = shall fixa time for th~ hearing which.shallbe held at its u~ual
l~=j < meeting place, but before ,the'expiration oilthe thirty da~ peril, =;~l/'l,.[~ '~-
='.~'~= <~i~ at Which ghe City~ M~ager shall appear and be heard, wi~ or without~7 ' ~ .
.~c=.{..~,i~?..i. ceunsel~.~,l .:- _ ~ · '.~-,'?f =,~;' -L :" '-[.~ir~· --~=~" .... ~ i, i .. ',7~ "=
~.'~ ',sec~io~%,~ SUSPENSION ~ING HE~ING. -Hter;furnishing the-Ci~ .,~'
~,~=¥~,~ Ci~y-'Cou~cil'm~ suspend him fr~ duty, ~but his compensation shall - · ,~
'=7=7. - ,'~ Lcontinu~'-until his 're'evil by action of the Council-passed subsequene .~
jj~-~.,j]~j~-~;~i'~.:~ to the aforesaid hearibm. l' _ =~L' ~ '~ ~-~'~? ~. ? L~ ' ~j"-~- =~ ' 'f~:.-~%~Z~"'~"~j
= '~ Section 9.4~/DISCRETION OF COL~:CIL. Inaremoving zhe City Manager, the
~"]'i~.'~i'~ ".-- ~ ~.City Council shall use ~its-uncontrolled discretion and
L~ -~its action shall be final and shall ~o~,depend upo~ an~-particular'
/-, showing o~ degree-of proof at the hearing, ~.the' purpose of which is =o
allow the City,Manager to present to said 'City Council his grounds of
opposition to his removal prior to i~s action. '
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Section 9.5: LIMITATION ON EMOV~. No~ithsta~ing the provisions of
Section 9 heroinabove set forth, the City Manager shall
not be removed fr~ office, other than for misconduct in office, during
or within a period of ninety (90) days next succeeding any general
municipal election held in the City an which election a member 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 ~he perfomance of the powers and duties of his
office. ~ter the expiration of said ninety (90) day period aforemention-
ed, the provisions of Section 9 as ~o the removal of said City Manager
shall apply and be effective.
Section 10; AG~!E}~S ON EMPLO~f~. Nothing in this ordinance shall
be construed as a limitation on the power or authority of
the City Council to enter into any supplemental agreement with ~he City
Manager delineating additional terms and conditions of'emplo)~ent not .'
inconsisten~ with any provisions of this ordinance.
~is ordinance was regularly introduced and after the waiting time
required by 1~ was thereafter passed and adopted this 6th ~ay
of August , 1969, by the following vote:'
~ES: Councilmen ~ler, ~er, Robbins, Smith, Sanders
NOES: None
~YOR ~/'
A~EST:
/ CITY ~ORNEY'
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