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03-19-2019 - AGENDA ITEM 09 APPOINTMENT POWERS OF THE CITY MANAGERAGENDA ITEM NO.9 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: March 19, 2019 TO: Mayor and City Council FROM: Nikole Bresciani Acting City Manager SUBJECT: APPOINTMENT POWERS OF THE CITY MANAGER RECOMMENDATION: It is recommended that the City Council introduce by title, waive further reading of the following ordinance: ORDINANCE NO.2454 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING SECTION 2-151 OF THE WEST COVINA MUNICIPAL CODE, REGARDING THE APPOINTMENT POWERS OF THE CITY MANAGER BACKGROUND: This item was requested to be agendized by a unanimous vote of the City Council at the March 5, 2019 City Council Meeting. DISCUSSION: Currently, under Section 2-151 of the City of West Covina Municipal Code, the City Manager is granted certain powers with respect to appointing department heads for the City. Under the current code, the City Manager can hire department heads without prior approval or vetting of potential candidates by the City Council. The City Council desires to modify that process to review and approve appointments of department heads prior to the City Manager hiring a potential department head. Minor edits were made to the proposed ordinance, with the most significant language addition as follows: "Notwithstanding the foregoing, the city manager shall not appoint or promote a person to serve as the director of a department, unless a majority of the city council first voted in favor of the city manager's proposed appointment or promotion; this limitation does not limit the city manager's authority to appoint or promote a person to temporarily fill such positions on an acting or interim basis, nor does it in any way affect the city manager's power to appoint to or promote to other positions." Full tracked changes of the proposed Ordinance No. 2454 are included in Attachment No. 1. Additional Approval: Scott Porter, City Attorney Attachments Attachment No. 1 - Ordinance No. 2454 ATTACHMENT NO.1 ORDINANCE NO. 2454 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING SECTION 2-151 OF THE WEST COVINA MUNICIPAL CODE, REGARDING THE APPOINTMENT POWERS OF THE CITY MANAGER WHEREAS, the City of West Covina, pursuant to its police power, may enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, the City Council intends to reserve for itself the authority to approve the appointment or promotion to all director positions; WHEREAS, it is in the public interest that the City Council review and approve appointments of department heads prior to the City Manager hiring a potential department head; WHEREAS, at the time this ordinance went into effect, the City had the following nine departments head positions which are intended to become subject to this ordinance: Assistant City Clerk, Assistant City Manager, Community Development Director, Deputy City Manager, Finance Director, Fire Chief, Human Resources & Risk Management Director, Police Chief and Public Services Director; WHEREAS, the City Council does not desire to add limits to the City Manager's power over the appointruent/promotion to mid -management and similar positions of Departments; WHEREAS, the City Council hereby reaffirms that the City Manager retains all authority to remove and demote all employees; WHEREAS, the City Council desires that references to the "City Manager" be gender neutral; WHEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBY ORDAINS AS FOLLOWS: SECTION 1: Municipal Code Amendment. Section 2-151 (Powers and Duties) of Chapter 2 (Administration) of the Municipal Code is hereby amended to read as follows: Sec. 2-151. - 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 The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control He The city manager shall prescribe such administrative rules and procedures as the city manager may deem proper or necessary for the general conduct and operation of the city functions under lithe city manager's jurisdiction. In addition to the city manager's his general powers as administrative head, and not as a limitation thereon, it shall be the city manager's W&-duty and he shall have the powers set forth in the following paragraphs of this 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 sly$ to recommend to the city council for adoption such treasures and ordinances as the city manager 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 The city manager shall examine or cause to be examined, without notice, the official conduct of any officer or employee of the city. (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 government and in regard to the service maintained by public utilities in the city, and to see that all franchises, permits, contracts and privileges granted by the city are bithUly performed and observed. (e) Public buildings. It shall be the duty of the city manager and 1;A si;all to exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city. He The city manager shall direct the planning and construction of all public works. (f) Authority over employees. It shall be the duty of the city manager and he shaft to halvg the AH-44-w4-, 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 the city manager to , and e sha 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 other personnel system in effect. Notwithstanding the foregoing, the city manager shall not appoint or promote a person to serve as the director of a department, unless a majority of the city council first voted in favor of the city manager's proposed appointment or promotion; this limitation does not linllt the city manager's authority to appoint or promote a person to temporarily fill such positions on an acting or interim basis, nor does it in any way affect the city manager's power to appoint to or promote to other positions. (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, -2— positions, departments or units under his the city manager's 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, economically 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 greetings of the city council, unless excused therefrom. 46 The city manager 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 comrmssion, and any other city commissions, boards or committees hereafter created by the city council, upon his the city manager's own volition and shall attend such meeting upon direction of the city council. At such meetings which the city manager attends, he the city manager 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 fist 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 fiture needs of the city and to make such recommendations as to him the city manager may seem appropriate or desirable. He The city manager shalt prepare and submit 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. (in) 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 the city manager shall be responsible for the administration 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, distribution 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 or her 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 -3— and exercise such other powers as may be delegated to him or her 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 or her orders and instructions from the city council only when sitting in a duly held meeting of the city council and no individual councilmember shall give any orders or instruction to the city manager. The city council shall instruct the city manager in matters of policy. No counciltvwamember 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. (r) Authorization to sign documents. It shall be the duty of and the city manager is hereby authorized to execute documents as provided in California Government Code section 40602, whenever such documents are within the city manager's purchasing authority or have been approved by the city council for execution by the city manager by resolution, motion, minute order or other appropriate action. SECTION 2: Repeal of Inconsistent Sections. Any provision of the West Covina Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, are repealed or modified solely to the extent necessary to preserve the provisions of this Ordinance. SECTION 3: Environmental Review. The Council finds that adoption of this ordinance is not a "project" pursuant to California Public Resources Code Section 21065 and CEQA Guidelines Section 15378(a)(5) because CEQA only applies to "projects" and the definition of "project" excludes "administrative activities of governments that will not result in direct or indirect physical change in the environment", and this ordinance merely amends the appointment power of the city manager. SECTION 4: Severability. If any section, subsection, clause or phrase or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of all other provisions of this ordinance. The City Council of West Covina hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause and phrase or portion thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases or portions thereof be declared invalid or unconstitutional SECTION 5: Attestation. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. -4— PASSED, APPROVED AND ADOPTED this 191h day of March, 2019 by the following roll call vote: AYES: NOES: ABSENT: Lloyd Johnson, Mayor ATTEST: APPROVED AS TO FORM Carrie Gallagher, Assistant City Clerk Scott E. Porter, City Attorney -5— STATE OF CALIFORNIA ) COUNTY OFLOS ANGELES ) CITY OF WEST COVINA ) I, Carrie Gallagher, Assistant City Clerk, of the City of West Covina, do hereby certify the foregoing Ordinance, being Ordinance No. 2454 as passed by the City Council of the City of West Covina, signed by the Mayor of said Council, and attested by the Assistant City Clerk, at a regular meeting of the City Council held on the 19' of March 2019, and that the same was passed by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: -6—