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12-21-2004 - City Council Ratification of Department Head and/or Other Staff Appointments• City of West Covina . Memorandum AGENDA TO: Andrew G. Pasmant, City Manager and City Council ITEM NO.B-3 DATE: December 21, 2004 FROM: Artie A. Fields, Assistant .City Manager SUBJECT: CITY COUNCIL RATIFICATION OF DEPARTMENT HEAD AND/OR OTHER STAFF APPOINTMENTS RECOMMENDATION: It is recommended the City Council provide staff direction regarding any changes or further investigations into the appointment process of department heads and/or other staff. - DISCUSSION: This item was carried over from the November 7, 2004 City Council meeting. Councilmember Roger Hernandez requested this item be placed on the agenda for City Council discussion. At the November 16, 2004, City Council meeting, Councilmember Roger Hernandez requested staff research information regarding the City of Baldwin Park's "E-Team" for City Council discussion. Subsequent to the City Council meeting, the City Manager met with Councilmember Hernandez to clarify his request. During that meeting, Councilmember Hernandez stated it was his intent for staff to bring back information regarding City Council ratification of Department Head/staff appointments. In researching this issue, staff discovered that an election of a ballot measure was held on April 14, 1964, in the City of West Covina, which amended certain sections of the Municipal Code relating to the City Manager's position (See Attachment 1). The section entitled "Powers and Duties" addresses the issue of department head and other staff appointments, and reads as follows: ■ 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. ■ Power of Appointment — "It shall be the duty of the 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, subject to the rules and regulations of any applicable Civil Service or the personnel system in effect." ■ Council -Manager Relations — "......No Councilmember 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 City Manager on matters relating to the appointment, promotion or demotion or removal of any employee or the award of any purchase order or contract." If the City Council desires to amend any of the aforementioned sections of the Municipal Code, a ballot measure needs to be brought before the citizens of West Covina and requires 50%, plus 1 (one) of the votes at the.election to pass. FISCAL IMPACT: There will be certain costs associated with conducting a special or general election to amend the Municipal Code regarding this matter. If the City Council wishes to further pursue this issue, staff can investigate all related costs. Prepared by: Artie A. Fields Assistant City M Ziager Y: Council - Hernandez - Ratification of Department Head Appointments Attachments L ORDINANCE NO. 852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTED BY INITIATIVE PETITION AT GENERAL MUNICIPAL ELECTION ON APRIL 14, 1964 The People. of the City of West Covina do ordain as follows~ SECTION 1. Sections 2200, 2201, 2202, 2203, 2204, 2205, 22061 2207, 2208, and 2209, of the West Covina Municipal Code, as amended, are hereby repealed. SECTION 2. Chapter 2 - City Manager, of the West Covina Municipal Code, is hereby amended to read as follows: CHAPTER 2 - CITY MANAGER 2200. OFFICE CREATED. The office of City Manager of the City is hereby established and continued in effect. 2201. APPOINTMENT OF CITY MANAGER. (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 has ceased to be a City Councilman. (b) QUALIFICATIONS. The City Manager shall be appointed by majority vote of the City Council 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 municipal administration. (c) RESIDENCE. The City Manager need not be a resident of the City at the time of his 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 position of City Manager in the event of 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 of the five candi- dates whom they find to be best qualified. 2202. VACANCIES. When a vacancy occurs in the Office of City Manager the Council shall within five days after said office becomes vacant appoint a City Manager Pro Tempore from the officers or Department Heads.of the City. Not later than ten days after the vacancy occurs the Council shall retain 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 made not later than sixty days after the position is vacated by the previous incumbent,. 2203. TEMPORARY MANAGER. - The -City Manager shall appoint, subject to the approval of the City Council, one of the other officers or Department Heads of the City to serve as Manager Pro Tem pore during any temporary absence or disability of the City Manager. In case. of the.absence or disability of the City Manager and his -failure to so appoint a Manager Pro Tempore, the City Council may'designate.some qualified -city employee to perform the duties of the City.Manager during the period of absence or 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 performed as set forth.in Section 2201 and 2202 herein. 2204. COMPENSATION. The City .Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine and fix by $eso.lution, and said compensation and expenses shall be a proper charge against such funds.of the City as the -City Council shall designate. Such compensa- tion shall not be fixed at less than Ten -Thousand Dollars per year. The City Manager shall be reimbursed for all sums necessarily `incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under direction of the City Council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested has been.presented to -the City Council for approval. 2205. 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 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 his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following section. . (a ) LAW ENFORCEMENT. It shall 'be the duty of the City Manager to enforce all laws and ordinances of the City and to see that all the laws of the State pertaining to the City are faithfully observed. (b) ORDINANCES. 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 or expedient. (c) 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 City. He shall examine or cause to be examined, without notice, the official conduct of any officer or employee of the City. -2- r. (d)' COMPLAINTS. FRANCHISES. It shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City Govern- ment and in regard to the -service maintained by public utili- ties in said City, and to see that all franchises, permits, contracts and privileges granted by the City are faithfully performed and observed. ,(e) PUBLIC BUILDINGS, It shall be the duty of the City Manager and he shall exercise general supervision over ' all public buiidings,.public parks and all other public pro- .perty which are under the control and jurisdiction of. the City. He shall direct the planning and construction of all Public works (f) AUTHORITY OVER EMPLOYEES. It.shall be�the duty of the City Manager aid 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. (g) POWER OF APPOINTMENT, It shall be the duty of 1B 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-, ject to -the rules and regulations of any applicable Civil Service or other personnel system in effect. (h) REORGANIZATION OF OFFICES. It shall be the duty and responsibility of the City Manager to recommend to the City Council such organization or reorganization of offices, positions, departments or units under his direction including the transfer of employees between departments and offices, as may be indicated in the interest of efficient, ,effective and economical conduct of the City's business. (i) 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 duties as prescribed by law and ordinances of the -City. (j) ATTENDANCE AT COUNCIL MEETINGS. It shall be the duty of the City Manager to attend all meetings of the City Council, unless excused therefrom. He may participate in Council deliberations but shall not have a vote. (k) ATTENDANCE AT COMMISSION MEETINGS. The City Manager may attend any and all meetings,of the Planning Commission, Recreation and Park Commission, and any other City Commissions, boards or, committees hereafter created by the City Council, upon his own volition and shall attend such meeting upon direction of the City Council. At such meetings which the City Manager 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 cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council. (1) 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 future needs of the City and to make such recommendations as to him may seem appropriate or desirable. He shall prepare and sub- mit to the City Council at the end of each fiscal year a comprehensive report of the finances and administrative activities of the City for -the preceding fiscal year. -3 • • F (m) 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 and he shall be responsible for the administra- tion thereof upon adoption by the City Council., (n) 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 by any office, department or,agency of the City and to recommend them to the City Council for adoption. (o) HOURS OF -EMPLOYMENT. It shall be the duty of the City Manager to devote his entire -time to the duties of his office in 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 to him from time to time by ordinance or resolution or other action of the City Council. (q) 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 inquiry, and neither the City Council nor any member. thereof shall give orders to any subordinates of the City .Manager. The City. Manager 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 concilman shall give any orders or instructions 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 City Manager on matters relating to the appointment, pro- motion or demotion or removal of any employee or the award of any purchase order or.contract.. 2206. 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 and to otherwise administer the personnel processes of the City except as otherwise specifically pro- vided herein. To achieve the purpose of this Section the City Manager shall consult with the Council for the purpose of formulating ordinances and resolutions to establish a merit system personnel program provided, however, that no ordinance,. resolution, or.regulation 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 upon written recommendation of the City Manager. Said ordin- ances or resolutions shall comply with the following minimum requirements: . (a) The appointment, placement, promotion and re- tention of.emp.l:oyees shall be based upon merit and fitness, as determined by,objective and impartial techniques of evaluation. (b) No employee or 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. -4- - T (d) Neither the Manager nor any person in the employ of the City shall take any part in securing -or shall contri- bute any money toward the nomination or election of any candi- date for a municipal office. (e) Subject to the limitations 'set forth in Article. II, Chapter.4,,there shall be vested with the City Id ..I Manager authority to appoint and when necessary for the good of the service to discipline or remove all officers and employees. of the _City except: .:*Members of Boards and Commissions appointed by the- City. Council --(2 ) The l City 'Attorney (3 ) The * City Clerk (4) The City Treasurer Provided, however, that'the City Manager may authorize the head of a department or office.to appoint and remove subordin- ates subject to .the provisions_ of applicable ordinances and. resolutions. 2207. REMOVAL OF 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 next 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 intention to remove him and the reason therefor, at least thirty days before 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 Council. 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 HEARING. 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. In removing the City . Manager, the City Council shall use its uncontvlled.discre- tion and its action shall be final and shall not depend upon., - any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to said City Council his grounds of opposition to his removal prior 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 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. After the expiration of said ninety -day period aforementioned, the provisions of the preceding sections as to the removal of said City Manager shall apply and be effective. 'f -5- • 0 2208 EMERGENCIES 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 necessary•to meet said emergency providing he shall file with the -Council at the next meeting a certificate defining the emergency and the necessity for such action together, with a detailed -account of all.expenditures. 2209. .INDEPENDENT AUDIT. Not less often than once every twelve months, the City Council.shall retain a firm of independent auditors to audit the accounts and records of the City and to other- wise evaluate the fiscal stewardship of the City Manager. STATE OF CALIFORNIA ) COUNTY'OF LOS-ANGELES ) SS. CITY OF WEST COVINA ) I. ROBERT FLOTTEN, City Clerk of the City of West Covina, do hereby certify that the.foregoing Ordinance No. 852 was duly .and regularly submitted by initiative petition filed on the 3rd day of October, 1963, that the same was duly and regularly sub-. mitted to the voters of the City of West Covina at the regular municipal election held in'said City on the 14th day of April, 1964, that a majority of the voters voting thereon did vote in its favor, and that said vote was canva ed and declared by the City Council on the 21st day of April 1 64. City Clerk