08-11-2015 - Argument in Support of City Manager Ballot Measure - Item No. 1 (2).pdfCity of West Covina
Memorandum
AGENDA
TO: Mayor and City Council ITEM NO. 1
FROM: Tom Mauk
Interim City Manager
DATE August 11, 2015
BY: Chris Freeland
Assistant City Manager/Community Development Commission Director
SUBJECT: ARGUMENT IN SUPPORT OF CITY MANAGER BALLOT MEASURE
RECOMMENDATION:
It is recommended that the City Council approve the argument in support of the City Manager ballot
measure.
DISCUSSION:
In 1964, the voters of West Covina approved an initiative (Ordinance No. 852-Attachment No. 1)
describing the duties of the City Manager and the process to address filling the vacancy of the City
Manager. The completion of the recent State Audit mentioned that the City did not follow the
Municipal Code in the recruitment of a new City Manager.
West Covina Municipal Code Section 2-147 (d) states, "Recruitment. The city council shall retain
the services of one of the organizations designated hereunder to recruit candidates for the position of
city manager in the event of a vacancy and to evaluate their qualifications:
(1) State human resources board; or
(2) County civil service commission.
The organization so selected shall be directed to certify to the city council the names and records of
five (5) candidates whom they find to be best qualified."
The City was unable to follow this section of the Municipal Code as these groups do not exist or do
not provide these services to cities. This section of the City's Municipal Code is obsolete and a vote
by the community is required to make any changes.
At the July 7, 2015, City Council Meeting, the City Council adopted Resolution No. 2015-35
(Attachment No. 2), which includes the language of the proposed changes to the City Manager
Ordinance in the Municipal Code to be included as a Measure for the November 3, 2015, Election.
The City Council also approved Resolution 2015-49 (Attachment No. 3) that authorizes arguments
in support and opposition to the ballot measure for the voters to review. The argument in support is
due to Los Angeles County on August 14, 2015, and is to be less than 300 words. The following is
a draft argument in support of the City Manager ballot measure and is 280 words in length.
Proposed argument in support of the City Manager ballot measure is as follows:
In today's highly competitive world for executive talent, the City Council of West
Covina needs maximum flexibility and authority in its decision making process when
selecting a City Manager. This ballot measure amends and modernizes sections of the
West Covina Municipal Code, enacted in 1964, regarding the City Manager. It
eliminates the illegal city residency requirement for the City Manager and revises the
method of recruiting by deleting a requirement that the City retain either the State
Human Resources Board or the County Civil Service Commission to recruit and
evaluate city manager candidates, because those entities no longer provide that
service to cities. The amendment will provide that the City use existing staff or a
professional recruiting firm with the proper experience to conduct a recruitment and
evaluation that will yield the highest quality candidates. It would further require that
the City Council hire the City Manager based on his or her executive and
administrative qualifications with special reference to actual experience in or
knowledge of accepted practices of municipal administration. The measure would
delete a requirement that any Interim City Manager be appointed from among
existing department heads thus significantly increasing the talent pool from which to
select. It would make illegal and void any appointment of a City Manager that does
not conform to state and local law, It would also eliminate restrictions on removing
the City Manager by the City Council, except a restriction on removing the City
Manager within 90 days after swearing in members following a city council election.
This measure helps insure that the Council and residents of West Covina are
provided with an executive of the highest quality as is befitting our City.
City staff is seeking the City Council's support of the argument in support of the City Manager
ballot measure. In addition to the text of the Measure, the City Council Members will be listed as
supporters of the measure on the Ballot statement.
FISCAL IMPACT:
None.
Prepared by:
Chris Freeland
Assistant City Manager/Community
Development Commission Director
Attachments:
Attachment No. 1 — Ordinance No. 852
Attachment No. 2 — Resolution No. 2015-35
Attachment No. 3 — Resolution No. 2015-49
'Attachment No. 1
-ORDINANCE NO-. 852
- 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF
WEST COVINA,' CALIFORNIA; ADOPTED EX INITIATIVE
•PETITIWAT_GENERAL MUNICIPAL .ELECTION ON ,
APRIL 14, 1964
Thp, People of the City of .West Covina tic; ordain as
follows:
• SECTION 1. _Sections 2200,,2201 ., 2202, 2208, 2204, 2205,
. 2206, .2207; 2208,- and 2209, of the vestCovibm Municipal' Code, as
amended,-are hereby .repealedi
- - • -
- ;SECTION.2 Chapter .2 City Manager,-!Ofthe West Covina
Municipal Ctds;:iS hereby amended to read. as follows:
• ,CHAPTER 2 - CITY :.NAGR.
. ,
2200. :OFFICE CREATED. . •
The office of City Manager of the .City' is hereby
established and continued in effect. ,
.2201. .APPOINTMENT OF cm. MAiTAGER .
(a) ELIGIBILITY'. • No person shall. 1de eligible to
receive appointment as City Manager while Serving as a member
of the City Council nor within one year after he has ceased to
be a City Councilman..
0) QUALIFICATIONS -: The City Manager Shall be
appointed by majority. vote of the City Connell for an indefi-
nite term. He shall be selected by the Council solely on the
basis of his executive and administrative qualifications .
with special reference to his. actual experience in or his
knowledge of accepted practices of munidipal administration.
(c) RESIDENCE. The City.Manager need not be a
resident of the City at the time ofhis appointment but he
shall establish his residence within the City within ninety,
days after his appointment unless such period is extended by
the City Council, and thereafter shall maintain his residence
within the City during his•tenure of. office.' -
(d) RECRUITMENT.: •The City Council shall -retain the
serviCes(of one of the organizations designated hereunder to
recruit candidates,for the positionof City Manager in the
eventof a:vacancy and to evaluate their qualifications:
. 1. California State-Personnel Board '
• - 2. Los Angeles County Civil Service Commission
The organization so selected shall•be directed to certify
to the City Council the names.and records.ef the five candi-
dates whom -they find to be-best qUalified; _
•
VACANCIES -..
• • • -
When a vacancy occnrs•in the Office of City Manager
the- Council shall within five' days after said office becomes
%Aracantappoint a City Manager Pro Tempors from the officers .
or Department Heads of the City. Not later than ten days"
,after the vacancy occurs. the Council shallretain one of
the organizations named in paragraph (d) above to proceed
with ,recruitment of City Manager candidates in the manner
.Set. forth therein,.and shall make an appointment to the
' vacant position.from among the five best qualified candi-
dates as certified by said organization. Said appointment
shall be:madenet later than sixty days.after the position
: vacated by the previous incumbent. •
2203. TEMPORARY MANAGER.
•. The City Manager shall aPPoint ., subject to -the . .
approval of the City Council One the, other officers. or
DepartMent' Heads of .the'City.to serve. as Manager Pro Tern-
'pore during any temporary absence ordisability'of the City
'Manager; In case of the absence or disability of the City
Manager. •andAlis, failure to so appoint.a Manager Pro Tempore,
the City Council may designate some qualified, city employee '
perforM the duties of the City Manager during the period
• of, absence disability. of said City Manager, subject,- how-
ever, to 'said person furnishing a_corporate surety bond .con-
ditioned upon, faithful performance of the duties required to
• be perfermed as set forthin Section 2201'and 2202. herein.
. • .! • ,.i .
' 22044 COMPENSATION-.-
. The City 'Manager shall receivesuch compensation . and
•:expense allowances as the City -Council shall from time' to. '
• timedetermindand fix by esolution, 'and said compensation '
'and expenses' shall be aproper charge against such funds of
the City as the City Councilshall• designate. Such compensa
-tion shall not,be fixed, at ,less thin Ten Thousand.Dollars per .-
year. • . • .
. 'The City Manager shall be reimbursed-for all sums •
neoessarily incurred or paid by' him in the Performance of his
duties.or incurred when traveling on business, pertaining to -
the City under direction ,of.thetitY Council; reimbursement
shall only be made, however, When 'a•verified'itemiged claim,.
• setting forth the Sums ,expended for such .business for which
reimbursement is requested- has been presented to the City
Council for '
• . .
POWERS AND
• •
'• -• • The City Manager 'shall be the administrative head of
the government. of the City under the direction and'control of
the City. .Council except a8 'otherwise -proyided in this Code.
He shall be responsible for the efficient'administration of
all the.affairs :of the•City:which are under his control. He
shall prescribe Such administrative, rules and procedures as
.he may deem proper or necessary for the general conduct and
operation, of the City functions under his jurisdiction. In
additiOn•to -hisfgeneral powers'as adminiStrativehead, and
not as a limitation. thereon, it, shall be his .duty and be shall
have the Powers set forth in -the following section.
. • (a) LAW ENFORCEMENT-:' It Shill be the 'duty of the
City Manager:toenforCe-ali ,laws -and ordinances of the City
,• and to sea that all the .lawsofthe.State Pertaining to the
• City_are faithfully Observed, ' -: •
00' ORDINANCES. It Shall be the duty' of the City
Manager and he Shall recommend tothe City Council for adop-. .
•ticitisuCh .measux.es-andordlipances-AR'ile deems necessary or
expedient. . . • •
• ,.- 'INVESTIGATIONS'. It Shall be the duty of the
• City. Manager to make investigations into any of the affairs
of the City and any. department or-division'thereof, and any.
contract" or the proper performance of any obligations of the
1-10 shall.examine.er cause to be examined, without
nOtice, the official conduct of any officer oremployee of •
- 'the cl.ty.— -
• - ,(0Y':COMPLAINTS. FRANCHISES". It shall - be the dutk
of'the CitY Managettb.investigate alI coiplaids in relation
to matters,concerning .the admipistration.of the.City Govern- •
,ment'and in regard.to,the service Maintained by public utili-
ties in Said City, and to see that 'all franehises, permits, ,
. contracts and privileges granted by -the City are faithfully
perforMe&and observed.
(e) -PUBLIC -BUILDINGS. It shall be'the'duty of the
City Manager and he shall.exerdise general . supervision over
all public buildings, public' parks and all other public pro-
pertYyhich -are.under the control_andjurisdiction - of the
• Oity. He shall direct the.planning-and construction of all.
public 'works.- - •
• :.(f) 'AUTHORITY OVER ,EMPLOYEES. It shall be the duty
yof the City'Manager he shall have the-authority to control,
:order and give directions to.a.11. heads of departments and to
subordinate officers., and employees of'theCity .under his '
jurisdiction' through their department heads. .
• ,.(g);• POWER OF APPOINTMENT: -It shall be the-duty of
to City 'Manager to, and he shall appoint, remove, promote
and' demote any and all officers and employees of the City,
-except the 'City Clerk, City Attorney and City Treasurer, sub'-
'-jet to the 'rules and.regulationt'of any applicable Civil
:Service Or other personnel system in effect.
REORGANIZATION'OF OFFICES .. It shall be the
-duty. and respensibility-of the City Manager -to recommend to
.the CityCounctI. such organization, or'reerganization of ,
,'officesiPoSitions, departments or: units under his direction
..including the transfer - of employees between departments and
offices, as may be indicated in, the Anterest.ofefficient,
effective and ecoriomicaleenduct.of the City's business.
• . (1)., DEPARTMENTAL COOPERATION -. It shall.be the duty '
of all Subordinate'officers'and.the City Clerk, City •
Treasurer and City-Attorney to 'assist the City Manager in • '
.adMinistering the affairs of the City efficiently, economi-'
.-cally and 'harmoniously so far as may be consistent with their ,
-duttesas prescribed by la* and:ordinances of 'the City.
..(j) ATTENDANCE AT COUNCIL- MEETINGS It . shall be
the duty of the City Manager te attend all meetings of the
City Council, unleSs excused therefrom- —He may participate
'in Counell'doliberations• but shall not have a vote.
..(k) ATTENDANCE AT COMMISSION MEETINGS.' The City
-Manager may attend any and'all meetings of the-Plahning,
Commission, Recreation and Park Commission, and any other .
City Commissions, boards or Committees hereafter created
'by the.City COunbil,. upon his own .volition_and shall attend
such'meoting upon direction-of the City Council.. At such
meetings which the City Manager 'attends ',. he shall be heard
.by'such commissions, boards or cemmitteesaS to all matters
,upon which he wishes to.addreSs the members thereof, and
he shallinform'said' members-as to the status of any matter
being Considered by -the City-Council and he shall cooperate
'to the fullest .extent with. the members of all commissions,
boards or-Committees appointed'by the City Council.
." .(1) FINANCIAL-REPORTS'. It shallbe the duty Of the
. City Manager to keep the city - Council -atall times fully
• advised as -be- the financial. condition and- future needs of
the pity. 'and to make-such xecommendationsas to him may
Seem ,appropriate or desirable.' He shall prepare and sub-
the'City, Council - at•the end of each -fiScal year a
'comprehensive report of :the financesand'administrative
.actiVities-of the City forthe-preceding fiscal year.
. .
, •
-3-
. --(m), BUDGET. It.shall be the duty'ofthe City .
Manager te'prepareand submit the proposed annual budget
-. And the proposed annual salary plan to the City Council for
ite-apprOval and.•he'shall be .responsible for the.administra-.,
tion thereof Upon adoption.by the .City.Council..
: SUPPLIES AND MATERIALS -. It shall be the duty of
, the City Manager to prepare and -enforce rules and regulations
governing the contracting for, purchasing, storing, distri-
bution_ and disposal of all supplies, materials and equipment
required bTany office, department or agency of the City and
to reCommend. them to the city Council for adoption.
. . (0), HOURS OF •EMPLOYMEN1c It shall be the duty of
the City Manager to devote his entire time to the duties of
his .officein.the interests.of the City.
- • .(p)' :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 toHhim.from:time to time • .
.' by ordinance or resolution ,or other action of the City Council.
(q) COUNCIL-MANAGER. RELATIONS ..:, The City Council and .
its memberashall deal with.the administrative services of
' the City only through the City Manager, except for the purpose
of inquirkv .and.ndither the city . Council nor any member
thereof Shall give-orders to any'subOrdinateS of. the City
Manager'. • The Citi'Mahiger Shall' take his Orders- and instruc-
tions from'the City Council-only When sitting in,a duly held
meeting of'the City Council -and no individual condilman
shall . give any -orders'orinstructiOns to the City Manager.
.The City Council shall instruct the City Manager in matters
of policy. No Councilman shall in any manner directly or
• indirectly by .suggestion or otherwise attempt -to influence'
' or 'coerce the City Manager or any candidate for the position.
of Pity Manager on matterSrelating to the appeintment, pro-
motien'Or demotion or removal Of' any employee .or the award.
of any purdhase order -or:contract-. —
22Q6., ,DELEGATION TO ADMINISTER PERSONNEL PROCESSES: .
It is the declared intent of this, Chapter to delegate
to the City. Manager the power and authority to appoint and
remove personnel ancrto otherwise administer the personnel
• processes. of the City exCept as otherwise.specifieally pro-
vided herein. To achieve the purpose of this Section the
• City.Manaer shall consult-With the Council for the purpose
of 4ormulatinvordinances, and resolutions to establish a
'merit syStem personnel program provided, however, that no
ordinance,'resolution or regnlation relating to the admini-
stration of the perSonnel_processes of the City or the com-
pensation of employees shall be adopted by the Council except
•.upopwritten'recommendation of the City-Manager. Said ordin-
ances or resolutions shall.comply with the following minimnm
• reqUirements: - . -
, (a) The appointment, placeient,promotion and re-
tention -ef .emOlOyees shall be based upon .merit and fitness .
. As determined by objective and impartial techniques - of
evalUation. .
(b) No employee 61—person seeking employment shall
be appointed, reduced, 'or removed or in any way favored or
discriminated against .because of his racial heritage or his
political or religious opinions or affiliations.
, (c) No person related to the City Manager or his
spouSe by consanguinity or affinity within the third degree
.shall hold-any appointive office with the City.
- ,(d) Neither the Manager nor any person in the employ
of the City shall take any. part,in seputinr.Or shall contri-
bute any MOne•toward the .nomination .or eleCtion of any candi-
date fOr a'Muni6ipal office.
Subject to the limitations set forth'in
4,-there-shall.be:vosted with the City '
Manager authority, o appointand.whennecessary for the good
of the' Service to discipline or remove all officers and
• employees of the City except: . •
(1) Members of Boards and Commissions -appointed.
by the City Council
'M The City Attorney
(3) The City Clerk
(4) The City Treasurer. ',
'Provided., hoWever, that the City Manager.maYauthorize the '
• head of a department'or office to appoint and 'remove subprdin-
. ates subject to the_ provisions of applicable Ordinances and
reSolutiots:.
,
.2207. ,REMOVAL OP MANAGER -;
•
. The reMoval of the City Manager shall be, only upon
the, affirmative vote of not less than four members of:the
• City Council in regular Council meeting, subject, however, to
the provisions of the.aeXt succeeding sub-sections. In case '
of his intended .removal.by, the City Council, the City Manager• .
shall be furnished with a written notice stating the Council's
•intentioli.to remove him and the reason therefor, at least
'thirty, daystofere the effective date of his removal. .
• :(a) -HEARING'. Within seven days after, the delivery
".to the City Manager of such notice he may by written notifi-
.cation to the City Clerk, request .a hearing before the City
Thereafter, the CitY CoUncil,shall fix a time for
the hearing.which shall be held at its .Usual meeting place,
but:before:the expiration .of the-thirty day period, at•which
the City Manager shall aPpear•and:be heard, with or without
Counsel, .
• (b) SUSPENSION: PENDING_BEARINC: After furnishing
the. City Manager with written notice of intended removal,
the-City,Council may suspend him from duty, but his compen-
sation Shall continue until his removal by .reSolution of the
• Council passed at.or.subsequent.to the afOresaid hearing.
'_.(c). DISCRETION OF COUNCIL-. ..IUremoving the City
Manager -the City Council shalluse its uncontolled discre-
tion- audits action shall be final and all not depend upon
• '-any.particular showing .or degree of proof at.theIlearing, the
. purpose of Which is to allow.the City Manager to present to
• said City Council his grounds'of -opposition.to his removal
• prier to the Council's action. •
.-(d) LIMITATION oN REMOVAL'. Notwithstanding the _
provisions of this Chapter hereinbefore enumerated, the City
Manager shall not be removed from office during or within a
• period- of ninety days next Succeeding any general municipal
election held in the City'at .which election-a member of the
CityCoupcil is elected or reelected the purpose of this .
provisionsis.to allow any newlk.eledted- member of the City
:CoUncil'ora,reOrganized City Council to observe, the actions
,and .ability of the City.Manager in the performance of the
power's and duties of his office. After ':the expiration of •
said ninety-day PeriOd aforementioned,r the .prOvisions of the
preceding:Seetions as te.the removal of said City Manager
ShallaPpi:y _and be effective,
. In case of diSaster which threatens the life or:
.property of the people of West Covina .the 'City Manager is
hereby empowered to award contracts,and make' purchases as
may be, uecessary to meet said emergency providing he shall.
: file with the Council at the next' meeting a certificate
defining, the emergendYand.the neoeSsity for'euch action
together with a•detailed accoUnt-of all expenditures.
. ,
2209. .INBEPENbENT.AUDIT:
. .Net.less'often than once every twelve Months the , . :City Cbuncil 'shall retain a firmtof independent auditors
to audit the accounts and i.ecbtds of the City and to other-
wise:eValuate the fiscal stewardship of the City Manager.
• STATE O1 CALIFORNIA
, couNTy:Op.LopAITGE4Es
CITY OF. W.E8T 'COINA
ROBERT FLOTTEN., City. Clerk of the City of West.Covina,
do herebY -certlfy that the foregoing 'Ordinance NO, 852 was duly. .
and regularly submitted by inifiatiye-petition filed on the 3rd
day of OctOber„,.1963', that the'same was:duly ,and regularly sub-.
mitted ,to the voter of the City,of .West Covina at the .regular
municipal .election held. in said City on the 14th day. of April,
1964, thata.majority'ef the .voterS .Veting thereon did vote in
its .favor,,and that said vote was ,Canva ed and declared by the -
City CoUndil:orh.the 21st day of April, 64; , -
Attachment No. 2
RESOLUTION NO. 2015-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2015, WITH
THE LOCAL AND MUNICIPAL CONSOLIDATED ELECTIONS TO BE
HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE
ELECTIONS CODE
WHEREAS, the City Council of the City of West Covina called a General Municipal
Election to be held on November 3, 2015, for the purpose of the election of two Members of the
City Council for the full term of four years; and
WHEREAS, the City Council is submitting to the voters a question relating to
qualifications, recruitment, hiring and removal of the city manager; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Local and Municipal Consolidated Elections to be held on the same date and that within the City
the precincts, polling places and election officers of the two elections be the same, and that the
county election department of the County of Los Angeles canvass the returns of the General
Municipal Election and that the election be held in all respects as if there were only one election,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION` I. That pursuant to the provisions of §10403 of the Elections Code, the Board
of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the
consolidation of a General Municipal Election with the Local and Municipal Consolidated
Elections on Tuesday, November 3, 2015, for the purpose of the election of two Members of the
City Council for the full term of four years.
SECTION 2. That a measure is to appear on the ballot as follows:
Shall Ordinance No, 2279 be approved to amend the city's municipal code
to eliminate illegal qualification requirements, require professional
recruitment for the city manager, require that hiring and retention of the YES
city manager be based on skills and experience, eliminate requirement that
interim city manager be selected only from department heads, eliminate
most restrictions on removal of the city manager, and provide that any NO
appointment which violates state or local law is null and void?
APPROVED AS TO FORM: ATTEST:
KiiLberTii Barlow
City Attorney
(-7
Mckplag .8. LevVi,$,..,,
City Clerk
'
Resolution No, 2015-35
Page 2
SECTION 3. That the proposed complete text of the measure submitted to the voters is
attached as Exhibit 1, and the proposed ordinance to be enacted is attached as Exhibit 2.
SECTION 4. That the vote requirement for the measure to pass is a majority (50%4-0 of
the votes cast.
SECTION 5. That the county election department is authorized to canvass the returns of
the General Municipal Election. The election shall be held in all respects as if there were only one
election, and only one form of ballot shall be used.
SECTION 6. That the Board of Supervisors is requested to issue instructions to the county
election department to take any and all steps necessary for the holding of the consolidated election.
SECTION 7. That the City of West Covina recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for any
costs,
SECTION 8. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the county election department of the County of Los
Angeles,
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2015
redrick Sykes
Mayor
2
Resolution No. 2015-35
Page 3
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the
City of West Covina, California, at a regular meeting thereof on the 7th day of July, 2015, by the
following vote of City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Spence, Torna, Warshaw, Wong, Sykes
None
None
None
Niaolas S. Lewi -
City Clerk
- , ,
3
Attachment No. 3
RESOLUTION NO. 2015-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AUTHORIZING
COUNCILMEMBERS TO SUBMIT ARGUMENTS,
SETTING PRIORITIES FOR SELECTING ARGUMENTS
TO PRINT, AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS RELATING TO A
CITY MEASURE
WHEREAS, A Special Municipal Election is to be held in the City of West Covina, California,
on November 3, 2015, at which there will be submitted to the voters the following
measure:
Ordinance No, 2279
AN ORDINANCE OF THE PEOPLE OF THE CITY OF WEST
COVINA, CALIFORNIA AMENDING SECTIONS 2-147, 2-148
AND 2-153 AND REPEALING SECTION 2-149 OF THE
MUNICIPAL CODE OF THE CITY OF WEST COVINA
REGARDING THE QUALIFICATIONS, RECRUITMENT,
HIRING AND REMOVAL OF THE CITY MANAGER
The full text of the measure is attached as Exhibit I, and the full text of the
proposed ordinance is attached as Exhibit 2.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
.CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION L That the City Council authorizes, but does not obligate, any or all members of the
City Council to file a written argument (written either exclusively by the
member(s) or jointly by the member(s) with any other entity, bona fide
association of citizens, individual voters, or any combination thereof) in favor of
the City measure not exceeding 300 words, accompanied by the printed name(s)
and signature(s) of the author(s) submitting it, in accordance with Article 4,
Chapter 3, Division 9 or the Elections Code of the State of California. The
argument may be changed or withdrawn until and including the date fixed by the
Assistant City Clerk after which no arguments for or against the City measure
may be submitted. In the event that more than one argument is filed by different
members, the City Council shall determine by majority vote which argument shall
be formally adopted by the City Council as officially authorized by the legislative
body.
The argument shall be filed with the Assistant City Clerk, signed, with the printed
name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf
of an organization, the name of the organization, and the printed name and
APPROVED AS TO FORM:
Kimberly Hall Barlow
City Attorney
Mayor
ATTEST: • ),'
Nickolas S. Lewi-s ; ://f.
City Cie& (4 v
Resolution No. 2015-49 Page 2
signature of at least one of its principal officers who is the author of the argument.
An argument may be signed by multiple authors, but if more than five authors
provide a signature to the argument, then only the signatures of the first five
authors shall be printed to the exclusion of the excess signatures.
The arguments shall be accompanied by a completed Declaration of Author form
provided by the City Clerk,
SECTION 2. That the City Council directs the Assistant City Clerk to transmit a copy of the
measure to the city attorney, The city attorney shall prepare an impartial analysis
of the measure not exceeding 500 words showing the effect of the measure on the
existing law and the operation of the measure. The impartial analysis shall be
filed by the date set by the Assistant City Clerk for the filing of primary
arguments.
SECTION 3. That the Assistant City Clerk is directed to fix and determine a reasonable date
prior to the election after which no arguments for or against the City measure may
be submitted for printing and distribution to the voters. If more than one
argument for or against the City measure is submitted to the Assistant City Clerk,
the Assistant City Clerk shall select one of the arguments for printing and
distribution to the voters, according to the following preference and priority, in
the order named: the City Council, or member or members of the City Council;
bona fade associations of citizens; individual voters who are eligible to vote on the
City measure.
SECTION 4, The City Clerk shall certify to the passage and adoption hereof,
PASSED, APPROVED AND ADOPTED this 7 th day of July, 2015.
AYES;
NOES:
ABSENT;
ABSTAfN:
Spence, Torna, Warshaw, Wong, Sykes
None
None
None
N'ickolaTS: bewis
City Clerk.
Resolution No. 2015-49 Page 3
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the
City of West Covina, California, at a regular meeting thereof on the 7th day of July, 2015, by the
following vote of City Council:
EXHIBIT I
FULL TEXT OF MEASURE
CITY OF WEST COVINA
The People of the City of West Covina do ordain as follows:
Division 2 of Article IV of the West Covina Municipal Code is amended to delete the
illegal city residency requirement for the city manager and revise the method of recruiting
for city manager by deleting a requirement that the City retain either the State Human
Resources Board or the County Civil Service Commission to recruit and evaluate city
manager candidates, because those entities do not provide that service now. The
amendment will provide that the City use existing staff or a professional recruiting firm
with experience to conduct a recruitment and evaluation, It would further require that the
City Council is to hire the city manager based on his or her executive and administrative
qualifications with special reference to actual experience in or knowledge of accepted
practices of municipal administration. The measure would delete a requirement that any
interim city manager be appointed from among existing department heads. It would
make illegal and void any appointment of a city manager not conforming with state and
local law. It would also eliminate restrictions on removing the city manager by the City
Council, except a restriction on removing the City Manager within 90 days after swearing
in members following a city council election. Following enactment of this ordinance, the
City Council may establish, by resolution or ordinance, such reasonable rules and
regulations as may be appropriate regarding the city manager which are not in conflict
with the voter approved ordinance.
IF YOU DESIRE A COPY OF THE ORDINANCE NO 2279, PLEASE CALL THE
CITY CLERK'S OFFICE AT (626) 939-8433, AND A COPY WILL BE MAILED
AT NO COST TO YOU.
Exhibit 2
ORDINANCE NO. 2279
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-
147, 2-148, 2-149 AND 2-153 OF THE MUNICIPAL CODE
OF THE CITY OF WEST COVINA REGARDING THE
QUALIFICATIONS, RECRUITMENT, HIRING AND
REMOVAL OF THE CITY MANAGER
WHEREAS, in 1964, the voters of West Covina approved an initiative measure adopting
an ordinance establishing with the method of determining qualifications of the city manager, and
restrictions regarding hiring and removal of the city manager; and
WHEREAS, the City is unable to comply with the current ordinance in a number of
respects due to changes in both state law and the elimination of certain organizations which the
ordinance requires the City to use in recruiting and determining the qualifications of the city
manager; and
WHEREAS, the City Council directed the city attorney to work with staff to draft a
revision to the ordinance regarding recruitment, qualifications, hiring and removal of the city
manager to eliminate any provisions which are no longer legal and to propose other revisions to
the municipal code to enable the City to more effectively recruit hire and manage the city
manager; and
WHEREAS, the City Council have proposed a ballot measure before the City's voters to
decide whether to amend the City's municipal code to revise the provisions relating to the
qualifications, recruitment, hiring and removal of the city manager.
NOW THEREFORE THE PEOPLE OF THE CITY OF WEST COVINA,
CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 2-147 through 2-149, and section 2-153 of the West Covina
Municipal Code are repealed and replaced in their entirety with the following:
Sec, 2-147. - Appointment
(a) Eligibility. No person shall be eligible to receive appointment as city manager while
serving as a member of the City Council nor within one-year after he or she has ceased to be a
city council member.
(b) Qualifications. The City Manager shall be appointed by majority vote of the City Council. He
or she shall be selected by the City Council on the basis of his or her executive and
administrative qualifications with special reference to his or her actual experience in or
knowledge of accepted practices of municipal administration.
Sec. 2-148. - Vacancies.
When a vacancy occurs in the office of city manager, the City Council shall, as soon as
practicable after such office becomes vacant, appoint an interim city manager. As soon as
possible after a vacancy has occurred, the City Council shall proceed with recruitment of city
manager candidates using staff or a consultant experienced in such recruitments, and shall make
an appointment to the vacant position from among the best qualified candidates. Such
appointment shall be made as expeditiously as is possible after the position is vacated by the
previous incumbent.
Sec. 2-149. — Compliance with State and Local Law.
The City shall at all times comply with state and local law in the recruitment and hiring
of the city manager. Any appointment of the city manager that does not comply with applicable
state and local law will be null and void.
Sec. 2 -153. - Limitation on Removal of manager.
Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager
shall not be removed from office during or within a period of ninety (90) days after council
members are sworn in to office upon certification of the results of any general municipal election
held in the city at which election a member of the City Council is elected or reelected. The
purpose of this provision is to allow any newly elected member 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.
SECTION 2. Should any section, subsection, clause or provision of this ordinance for
any reason be held to be invalid, such invalidity shall not affect the validity of the remaining
portions of this ordinance, it being hereby expressly declared that this ordinance, and each and
every section, subsection, sentence, clause and phrase hereof would have been prepared,
proposed, approved, adopted and/or ratified irmspective of the fact that any one or more section,
subsections, sentences, clauses or phrases of this ordinance be declared invalid.
SECTION 3. After this ordinance amending the municipal code as provided for herein
is approved by a majority vote of the voters, the Mayor and City Clerk shall certify that the
proposed amendment was submitted to the voters of the city and that it was approved by a
majority vote. The City Clerk shall certify to the passage and adoption of this ordinance and shall
cause the same to be published in the manner required by law.
PASSED, APPROVED AND ADOPTED on this day of • 2015.
Fredrick Sykes
Mayor
APPROVED AS TO FORM: ATTEST:
Kimberly Hall Barlow Nickolas S. Lewis
City Attorney City Clerk