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HomeMy WebLinkAboutORD 2 (1989)ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CREATING AND ESTABLISHING THE OFFICE OF CITY MANAGER, DEFINING THE DUTIES AND POWERS THEREOF AND PROVIDING COMPENSATION THEREFOR, AND PROVIDING FOR ITS ADOPTION AS AN URGENCY ORDINANCE. The City Council of the City of Diamond Bar does ordain as follows: Section 1. Office Created. The office of the City Manager of the City of Diamond Bar is hereby created and established. The City Manager shall be appointed by the City Council wholly on the basis of his/her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the City Council. Section 2. Residence. Residence in the City at the time of appointment of a City Manager shall not be required as a condition of appointment, but within one hundred eighty (180) days after reporting for work the City Manager must become a resident of the City unless the City Council approves his/her residence outside the City. Section 3. Eligibility. No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such City Council member shall have ceased to be a member of the City Council. 1 Section 4. Bond. The City Manager and Acting City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the said City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager and Acting City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City of Diamond Bar. Section 5. Acting City Manager. The Assistant City Manager shall serve as acting City Manager during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Manager, by filing a written notice with City Clerk, shall designate a qualified city employee to exercise the powers and perform the duties of City Manager during his/her temporary absence or disability. In the event the City Manager's absence or disability extends over a two month period, the City Council may, after the two month period, appoint an Acting City Manager. Section 6. Compensation. The City Manager shall receive such compensation as the City Council shall from time to time determine. In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred by him/her in the performance of his/her official duties. 2 Section 7. 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 the Ordinance. He/she shall be responsible for the efficient administration of all the affairs of the City which are under his/her control. In addition to his/her general powers as administrative head, and not as a limitation thereon, it shall be his/her duty and he/she shall have the powers set forth in the following subsections. Section 7.1. 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 franchises, contracts, permits and privileges granted by the City Council are faithfully observed. Section 7.2. Authority Over Employees. It shall be the duty of the City Manager, and he/she 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/her jurisdiction through their department heads. Section 7.3. Power of Appointment and Removal. It shall be the duty of the City Manager to, and he/she shall appoint, remove, promote, demote and discipline any and all officers and employees of the City of Diamond Bar, except the City Attorney. k1 Section 7.4. Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his/her direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business. Section 7.5. Ordinances. It shall be the duty of the City Manager and he/she shall recommend to the City Council for adoption such measures and ordinances as he/she deems necessary. Section 7.6. Attendance at City Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless at his/her request he/she is excused therefrom by the Mayor individually or the City Council, except when his/her removal is under consideration. Section 7.7. 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 needs of the City. Section 7.8. 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. 4 Section 7.9. Expenditure Control and Purchasing. It shall be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or his/her authorized representative. The City Manager, or his/her authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City. Section 7.10. Investigations and Complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and any contract or the proper performance of any obligation to the City. Further, 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 said City. Section 7.11. Public Buildings. It shall be the duty of the City Manager and he/she shall exercise general supervision over all public buildings, and all other public property which are under control and jurisdiction of the City Council. Section 7.12. Hours of Employment. It shall be the duty of the City Manager to devote his/her entire time to the duties of his/her office and in furthering the interest of the City. 5 Section 7.13. City Clerk. The City Manager shall perform all duties associated with the legal function of the City Clerk position. The City Manager, with City Council approval, may designate a City Clerk; however, the City Manager shall retain all responsibility for the duties of the City Clerk position. Section 7.14. Treasurer. The City Manager shall perform all duties associated with the legal function of the Treasurer position. The City Manager, with City Council approval, may designate a Treasurer; however, the City Manager shall retain all responsibility for the duties of the Treasurer position. Section 7.15. 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 from time to time by ordinance or resolution or other official action of the City Council. Section 8. Internal Relations. Section 8.1. 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 or instructions to any subordinates of the City Manager. The City Manager shall take his/her orders and instructions from the City Council only 6 when sitting in a duly convened meeting of the City Council and no individual councilmember shall give any orders or instructions to the City Manager. Section 8.2. Departmental Cooperation. It shall be the duty of all subordinate officers and the City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously. Section 8.3. Attendance at Commission Meetings. The City Manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the City Council, upon his/her own volition or upon direction of the City Council. At such meetings which the City Manager attends, he/she shall be heard by such commissions, boards or committees as to all matters upon which he/she wishes to address the members thereof, and he/she shall inform said members as to the status of any matter being considered by the City Council, and he/she shall cooperate to the fullest extent with the members of all commission, boards or committees appointed by the City Council. Section 9. Removal Procedure. Section 8.1. Removal of City Manager. The removal of the City Manager may be effected with or without cause, but only by a majority vote of the whole City Council as then constituted, convened in a regular Council 7 meeting. The City Manager shall be afforded at least thirty (30) days' written notice of the effective date of his termination. Section 9.2. Limitation on Removal. Notwithstanding the provisions of Section 9 hereinabove set forth, the City Manager shall not be removed from office, during or within a period of ninety (90) days next succeeding any general municipal election held in the City at which election a member of the City Council is elected or when a new City Councilmember is appointed; the purpose of this provision is to allow any newly elected or appointed 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/her office. After the expiration of said ninety (90) day period aforementioned, the provisions of Section 9 as to the removal of said City Manager shall apply and be effective. Section 10. Agreements on Employment. Nothing in this ordinance shall be construed as a limitation on the power or authority of the City Council to enter into any agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this ordinance. Section 11. Urgency and Effective Date. The City of Diamond Bar was incorporated on April 18, 1989, and in order to provide for the orderly function of government within the city, there must be established immediately 8 a form of government. The City Council determines that it is necessary in order to preserve and protect the public peace, health, safety and general welfare, that this ordinance be adopted as an urgency ordinance and that the same take effect immediately upon its adoption. Section 12. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be posted within fifteen (15) days after its passage in at least three (3) public locations in the City of Diamond Bar. PASSED, APPROVED and ADOPTED this 18th day of April , 1989. AYES: COUNCIL MEMBERS: PAPEN, HORCHER, WERNER, r-� MILLER and FORBING NOES: NONE ABSENT: NONE Mayor City of Diamond Bar ATTEST: I, GEORGE CASWELL , City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on the 18th day of 9 April , 1989► and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of April , 1989. Executed this 19th day of April , 1989, at Diamond Bar, California. AVAnOW GEO E CASWELL , 17ity-Eler.K, S\1011\ORDCITYM\ 10