Ordinance - 852U
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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, 22052
2206, 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amended, are`hereby repealed.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,Js 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
servi6es(6$ 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 Tempor.e 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 o.f City Manager candidates in the manner
.setforth 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-
J
pore during any temporary absence or, disability of the City
the City
Manager. In case of the absence or disability of
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=an.d 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 $esolution, 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
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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
operat.ion.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
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and to see that all the .laws_ of , the .Stat'e 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.
(d) ;COMPLAINTS. FRANCHISES. It shall be 'the duty
of the City Manager tb•investigate�all complairts 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 buildings, 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 aad 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
•be'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 tbe.interest.o,f efficient,
effective and economical conduct of the City's.business.
(i) DEPARTMENTAL COOPERATION. It shall.be the duty
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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 COUNCGIL 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.
ATTENDANCE AT COMMISSION MEETINGS. The City
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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,Cit.y Council at all times fully
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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.
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(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.adminstra-
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 '.h`im 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 inquir.y,, and neither the City Council nor any member
thereof.shall give.ord'ers 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'instr'uctions 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 I 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 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 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.
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�(d) Neither the Manager nor any person in the employ
of the City shall takean'y part;.in securing"or shall contri-
bute any money toward the nomination or election of any candi-
date for amunicipal office.
(e)✓-Subject to the limitations set -forth in
Article II, -Chapter 4,, there .shall be -vested with the City
Manager authbrity,to appoint and.when necessary 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
(2) The 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 uncontolled.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
provisionsis.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:
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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 Ord-inance.No. 852 was duly -
and regularly submitted by initiative petition filed on the 3rd
dayof 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
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