Loading...
Ordinance - 432ORDINANCE NO. 3 . AN- ORDINANCE OF -THE CITY COUNCIL OF ;THE CITY -OF WEST COVINA, CALIFORNIA'; ESTABLISHING. THE OFFICE 'OF CITY MANAGER, OF THE CITY OF WEST; COVINA,AND DEFINING THE POWERS AND' DUTIES OF THE MANAGER. THEE CITY COUNCIL OF THE CITY OF WEST COVINA. DOES ORDAIN AS FOLLOWS: SECTION 1: Office 'Created. That-. the ;office of the- City Manager, of the.- City of West Covina'be,.,and the same is hereby created • and established. SECTION 2. 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 Council- man. No resident of West Covina shall- be .eligible for appointment to the ,office of . City Manager prior. to 'January 19 1957. (b) Qualifications. - The City Mahager-shall.be appointed by majority vote of the City Council .for: an indefinite 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. Cc) • Residence. The City Manager need not b�e ,a resident of the City at the 'time of -his appointment but he• s- all. 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). Initial .Appointment. Within ten days' after the effect- ive,. date of•this ordinance, the. City Council shall retain the services of one.of, the organizations -designated hereunder to recruit candidates for the -newly, -created position 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 candidates whom the ., Y find ' to be' best qualified. -The Council shall. appoint a City Manager from among said candidates within sixty ('60) days after the effective date- of this ordinance. (e) Vacancies. When a. vacancy.. occurs in :the Office of City. .Manager. . the Council shall Within f i .e :.days after said office becomes vacant.,apintaMgerPoporTempore from the officers or Department' Heads of the. City, Not later thane 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. f.orth.therein. and shall make -an ...appointment to' -the -vacant position. from .among the five best..qualified candidates as- certified .by said 'organization. Said. appointment shall be made not later than sixty (66)' days after the position is vacated by -the previous..incumbent. SECTION .3. Temporary.Manager: .'The. -City Manager. shall appoint, subject 'to the approval of . the City'. Council, ' one .of the 'other. officers or Department, Beads of the City to serve as Manager Pro.Tempore during any temporary.absence or disability of the City RSanager In case of the absence or -disability -of the City Manager and his failure to so 'a.ppoint a' Manager Fro..Tempore, the City .Council may designate some qualified ,city employee .to .perform the duties -,of the City Xanager during the period,of.absen.ce.or disability of.said City Manager, subject, however,. to said. -person 'furnishing a, corporate surety bond'. conditioned upon faithfulperformance of the duties required to be , perf orme.d as set forth' in Section 2 * hereof . • .'SECTION 4. Compensation.: The' City Iflanager shall receive. such comperisati.on..and'.expense allowances as the City Council shall from... time to . time determine and fix- by, resolution, and said compen= nation `:arid. expenses shall be- a proper charge against such. funds of the City as. the City .Council shall designate.: Such'compensation shall not. be fixed at. 1 ess`than $101000.00 per year. Said .City: Manager shall' be" reimbursed for all sums necess-' arily' incurred -Dr: 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; ,.r:eiinbursement shall only be made, ..however, whena verified itemized cl;aim,' setting forth the. sums expended for such business for which.reimbursement is requested has been presented. to "the City Council for approval. SBCTI.ON,5. Powers and -Duties. The City Manager shall be the. administrative head of the government , of, the City under the -direction and. control of, th`e-'City.Council except as otherwise proms• vi.ded:in this ordinance. He shall be responsible for the efficient administration of. all :the affairs of the City which are under his control. He .shall prescribe . such adninistrati:ve' rules .and procedures as he may deem proper, or -necessary for: the general conduct 'and -operation N3­ . of the City functions under his 'jurisdiction.' In addition to his general : pow.er.s 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 sections ,,(a) Law gnf orcement . It shall be the" duty of the , City Manager to enforce` al:l laws -and-ordinances of the City and to see 'that �911 the .'laws of the :State.. of California 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 adoption 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:j- without no.tice', the official conduct of any officer, or employee of ' the City. ( 0- Complaints, Franchise,s':' It shall be- .-the duty - of. the City'`Manager to investigate all complai.nts.in relation.to matters. concerning. ' the administration of the City Government :,and ',in..regard to the service maintained by public ;utilities id, .said' City, and to see that -all franchises,'.permi�ts, contracts. and privileges' granted by the City.- are; faithf u1l�y .perf ormed and observed. (e) 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. He: shall direct the planning and construction of'all public works. (f )',,-Authorit-y .aver Employees.. It shall be the duty of the. City. Nanager. and he, shall have the .authority to control, order .`and.ygive. 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 he shall' appoint, remove, .promote'.and demote any and all officers � and employees' of . the City of West Covina, .. except .the City Clerk,, City Attorney and City.`Treasurer, subject to-.therules and, regulations, of: any :applicable Civil 'Service or other 'personnel "system ordinance ins- eff ect. (h) .Reorganization . of .,Offices', ; :It' shall, be` -the duty and respon.sibility, of_ the. City Manager "to recommend to the City Council such organization`or 'rebrgan zation;: of -offices, -positions, depart- .. ,ments.. -or units.. under: his direction,. including the transfer of ::employees between departine nts. and .off:i.ces', as may. -be indicated in th,e interest of ,efficient,, effective and economical conduct of the Cityl s business. (1} Departmental Cooperation. It shall be the duty.of a11: 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. -5- (j) _Attenddnce "at ,Council ,Me:etings. 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 Aianager may attend any and all meetings of the 1:anning Commission, Recre-. • ation.. 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, boa.'rds or—c.ommittees 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 •.pp:ointed . ° 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 "submit.to th.e"-City Council at the end of each fiscal year a compre:hensive report. of 'the finances and administrative activities of, the City .for: the preceding fiscal year. (m) Budget. It shall be the duty of the- City hTanager 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 _ ..r - responsible for the *administration thereof upon adoption by the City,Council. .(n) Supplies and Materials. It shall be the duty of the City 34nager to : prepare and enf orce rules and .regulations governing the. contracting-f-or, purchasing' storingi-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. dut of the City ( )_.Y . Y Pianager. to devote 'his entire time to the duties of his office. in the, interests of the City.... (p) Additional duties. It..:sliall be the duty of the City Nanager to, perform such other duties and exercise. such other powers as may.b'e-delegated to him -from time .to time by ordinance or resolu- tion or other action of the. -City Council. (q) Council-i�ianager�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. instructions from the City Council only:when sitting in a duly. held meeting of the City Council and .no individual councilman,shall give any, orders,or.instructions t-o 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 Ma -tiger ; on matters . relating to the'appointmentl-promotion or demotion or removal of any employee or the award of any Purchase, or'der-'or coiltrnct.. SECTION6: ' ,Delegation to Administer. Personnel Processes. It -is. the declared intent -of this ordinance- 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'_provided;jkere n. 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.pr.ovided, however, that no ordinance, resolution, -or regulation relating to the administration of the personnel processes of the. City or the compensation of employees shall be adopted by the Council.except upon_written,.recommendation of the city Manager. Said.ordinances or, resolutions.shall comply with th`e •following• ,minimum requirements: (a) The appointments.placement., promotion and retention of employees 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 iff_ii.iations. (c) No person related to the City.Nanager or his. spouse by consanguinity or affinity.within the third degree sha11_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 securing or shall contribute any money toward the nomination or election of any candidate for a municipal office 1 ('e) No employee who has achieved permanent status shall be disciplined., reduced.: in status, ;removed, ..or otherwise adversly affected without-. benefit. -of an objective _and .impartial hearing. To hear' such appeals. provision shall'..be made 'for the appointment by the. City Council of:a three member Personnel -Advisory -Board to be comprised of registered voters 'of the City who -shall:in no other way • be officiall,y•connected' with the municipal .government of 'West Covina. _ (f Y. Subject . to the ' limitations set ` forth ,in this section there,.shall.be vested with the City 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 s 1. Members of,Boards and Commissions -appointed by the City Council. 2. The City :Attorney. 3: The City'Cierk. -4:.:The .City.Treasurer— Provided, however, 'that the City Manager may authorize the head of a department or Office to appoint and remove' subordinates' subject to the provisions of applicable ordinances.and.resoluti'ons. SECTION 7. ,Removal of `Manager. The removal of the City .Manager shall Ve• only upon'. e affirmative vote of not less than four members of the: City. 'Co'uncilin. 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 inten- tion. _to .`remove .him• and. the reason therefor, at •.least thirty days -bef.ore -the of f ectiVe date of his 'removal -9- ninety -;day period• aforementioned,, the provisions- of -the preceding - sections as to: `the removal of said. City. Manager. shall apply and be effective. SECTION 8. Emergencies . .,. In .case of disaster which threatens the life or- property of the ,People, of West Covina:; the City 1ianager 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 lne•'cessity for :such .action together. with.. a detailed account of. all expenditures. SECTION 9. . Independent Audit. Not less" often than once every twelve months,. the City Council shall retain A firm of independ- . ent auditors -to audit :the .accounts and records of • the. City and to otherwise. evaluate. the:.fiscaal stewardship of the. City Manager. - SECTION 10. All ordinances 'or ,.parts ' of ordinances in conflict herewith are hereby repealed. SECTION 11. If any section, -subsection, sentence, clause or phrase of this ordinance ' is for any reason -held to'. be invalid or unconstitutional, such decision or ^decisions shall not affect the validity of the remaining : portions of this - :ordinance. ,..The City. Council -hereby', -declares that '- it would, have passed.- this ordinance and . each '.section, subsection, sentence, clause and phrase •tYereof , irrespective•.of the fact that any one or more:s.ections, subsections, sentences, clauses `or. phrase's -be declared i.nva.l.idw or unconstitutional.