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HomeMy WebLinkAboutOrdinance 234 Amending City Code concerning terms of employmentORDINANCE 234 AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING TERMS OF EMPLOYMENT THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The City Code contains conflicting provisions concerning the appointment and removal of directors of City Departments. B. City employment agreements provide that the City Manager shall make all decisions concerning the appointment and removal of directors of City Departments. C. This ordinance amends the City Code to provide that the City Manager is responsible for the appointment and removal of directors of City Departments. Section 2. Adoption. The Saratoga City Code is hereby amended by adding the text shown in bold italics (example) and deleting the text shown in strikeout (examgle) in the sections listed below: 2-2.050 Powers and Duties of the City Manager 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 Article. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, he shall have the following powers and duties: [Subsections (a) through (c) and (e) through (m) are unchanged. A copy of the full text is attached for informational purposes at the end of this ordinance.] (d) 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, subject to all applicable provisions of State law and the personnel ordinance as set forth in Article 2-40 of this Chapter, together with such personnel rules as maybe adopted by resolution of the City Council, :.:.d ~.JR~~ C...tl. e.. •,. tL.., - e«! 41...f ..,. ,1,......-F«..,.«k 1. e,..] ..1...11 1.,..,:41.,.« ,. 1 ,7 Z-25.010 Creation of office; appointment. The office of Finance Director is created and established pursuant to Sections 40805.5 and 37209 of the Government Code. The Finance Director shall be appointed by the City Manager and shall serve at the pleasure of the City Manager in accordance with this Code. Section 3. Severance Clause. The City Council declazes that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, pazagraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declazes that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declazes its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 16th day of March, 2005, and was adopted by the following vote following a second reading on the 6th day of April 2005: AYES: Councilmembers Nick Streit, Aileen Kao, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King NOES: None ABSENT: None ABSTAIN: None ~1~2z~~~ ~"~ Kathleen M. King ayor, City of Saratoga, California APPROVED AS TO FORM: Richard Taylor City Attorney City Clerk Full Text of Section 2.20-050 Prior to Amendment 2-20.050 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 Article. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, he shall have the following powers and duties: (a) Law enforcement. It shall be the duty of the City Manager to enforce all laws, Code provisions and ordinances of the City, and he shall have the powers of a peace officer. He shall also see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed and the conditions, if any, thereof performed. (b) Repealed (c) 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. (d) 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, subject to all applicable provisions of State law and the personnel ordinance as set forth in Article 2-40 of this Chapter, together with such personnel rules as maybe adopted by resolution of the City Council, and subject further to the requirement that no department head shall be either employed or discharged without the consent of the City Council. (e) Administrative reorganization of offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction as maybe indicated in the interest of efficient, effective and economical conduct of the City's business. (f) Ordinances. It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary. (g) 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. (h) 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. (i) 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. (j) Expenditure 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 authorized representative, and he shall be responsible for the purchase of all supplies for all the departments and divisions of the City. (k) Investigations and complaints. 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 to investigate any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Manager 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, and to see that all franchises and permits granted by the City are faithfully performed and that the provisions and requirements thereof are observed. (1) 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 Council. (m) 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.