Ordinance - 2454 City Manager PowersORDINANCE 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 appointment/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 his -the city manager's jurisdiction. In addition to the cily
manager's his general powers as administrative head, and not as a limitation thereon, it shall be
the city manager's hi& -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 to recommend to the
city council for adoption such measures 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 faithfully
performed and observed.
(e) Public buildings. It shall be the duty of the city manager and he shall 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 shall to
have the ,,,,+herity 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 he 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 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.
(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 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
meetings of the city council, unless excused therefrom. He 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 commission, and any other
city commissions, boards or committees hereafter created by the city council, upon
his the ci 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 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 the city manager may seem appropriate or
desirable. He The city manager shall 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.
(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 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
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 councilmanmember shall give any orders or
instruction to the city manager. The city council shall instruct the city manager in
matters of policy. No councilrmember 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.
PASSED, APPROVED AND ADOPTED this 2"d day of April 2019.
APPROVED AS TO FORM ATTEST
or'
Scott E. Porter Cqkle Ga gher, CMC
City Attorney Assistan City Clerk
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 2°a of April 2019, and that the same was passed by the
following vote, to wit:
AYES: Castellanos, Lopez-Viado, Shewmaker, Wu, Johnson
NOES: None
ABSTAIN: None
ABSENT: None
-for
C e Ga gher, CMC
Assistan City Clerk