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
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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
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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
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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.
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(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
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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
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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
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('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.
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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
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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.