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HomeMy WebLinkAbout1972-02-02; Municipal Water District; Resolution 274RESOLUTION NO. 274 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ESTABLISHING OFFICE OF GENERAL MAN- AGER AND DEFINING THE DUTIES AND POWERS OF THE GENERAL MANAGER THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Establishment, The office of general manager of CARLSBAD MUNICIPAL WATER DISTRICT is hereby created and established. Section 2. Appointment, The general manager shall be appointed by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT wholly on the basis of his ex- ecutive and administrative qualifications and ability. Section 3. Compensation and Expense Allowance, The general manager shall receive such compensation and expense allowance as the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT shall from time to time deter- mine and fix by appropriate action at a duly convened meeting of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT. Such compensation and expense allowance shall be a proper charge against such funds of the Dis- trict as the Board of Directors shall designate. Section 4. Reimbursement of Expenses. The general manager shall be reimbursed for all sums neces- sarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the CARLSBAD MUNICIPAL WATER DISTRICT under direction of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been -- presented to the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT and duly approved and allowed by said Board of Directors. Section 5. Powers and Duties. The general manager shall have full charge and control over construc- tion of the works of the District and of their mainten- ance and operation. He shall report to the Board of Directors in accordance with such rules and regulations as the Board may adopt and perform such further duties as are imposed upon him by the Board. The general man- ager shall be the administrative head of the government of the District under the direction and control of the Board of Directors except as otherwise provided in this Resolution. He shall be responsible for the efficient administration of all the affairs of the District which are under his control. In addition to his general powers as administrative head and not as limitations thereon, it shall be his duty and he shall have all of the powers set forth in the following sub-sections: (a) Enforcement. It shall be the duty of the general manager to enforce all ordinances and resolutions of the District and to see that all contracts, permits, and privileges granted by the District are fully ob- served. (b) Authority Over Employees. It shall be the duty of the general manager, and he shall have authority, to control, order, and give directions to -- all employees and departments of the District under his jurisdiction. (c) Examination, Appointment, Promotion and Removal of Employees. It shall be the duty of the gen- eral manager to, and he shall, subject to rules made by .- the Board of Directors for examination, appointment, pro- motion, and removal of employees of the District, to examine applicants for employment and appoint, promote and remove employees of the District. The selection of laborers shall be governed by priority of application so far as is practicable. (d) Classification of Officers and Departments and Places of Employment. It shall be the duty and re- sponsibility of the general manager to recommend to the Board of Directors classifications of places of employ- ment. He shall further recommend to the Board examina- tions for employment which shall be practical, and shall relate to those matters only which will fairly test the relative capacity of the persons examined to discharge the duties of the positions which they seek, and shall include, when appropriate, tests of manual or profes- sional skills, but which shall not include questions relating to political or religious opinions or affili- ations. He shall further recommend to the Board such further duties of officers of the District which may be imposed upon them by the Board in addition to those duties as provided by statute. (e) Ordinances and Resolutions. It shall be the duty of the general manager and he shall recommend to the Board of Directors for adoption such ordinances and resolutions as he deems necessary or expedient. (f) Attendance at Board of Directors' Meetings. It shall be the duty of the general manager to attend all meetings of the Board of Directors unless excused there- from, except when his removal is under consideration. (9) Financial Reports. It shall be the duty of the general manager to keep the Board of Directors at all times fully advised as to the financial conditions -3- and needs of the District. (h) Budget. It shall be the duty of the gen- eral manager to prepare and submit the proposed annual budget. He shall submit the proposed hours of labor and service required of all employees of the District and their compensation to the Board. (i) Purchasinq. It shall be the duty of the general manager, and he shall be responsible for the purchase of all supplies and advertising for the District and all of its departments. No expenditures shall be sub- mitted or recommended to the Board of Directors except upon report and approval of the General manager. (j) Investiqations. It shall be the duty of the general manager to make investigations into the af- fairs of the District, into any department thereof, and any contract for the proposed performance of any obliga- tion of the District. (k) Public Utility or Public Utility Works. It shall be the duty of the general manager to exercise general supervision over all public utilities or public utility works of the District which are under the con- trol or jurisdiction of the Board of Directors. (1) Additional Duties. It shall be the duty of the general manager to perform such other duties and exercise such other powers provided by law as may be delegated to him from time to time by ordinance or reso- lution or other action of the Board of Directors. (m) Director-General Manaqer Relations. The Board of Directors and its members shall deal with the construction, maintenance and operation of the District only through the general manager, except for the purpose of inquiry; and neither the Board of Directors, nor any member thereof, shall give orders to any employees -4- ,- .- of the District. The general manager shall take his orders and instructions from the Board of Directors only when sitting in a duly held meeting of the Board of Di- rectors and no individual director shall give any orders or instructions to the general manager. (n) Officers and Departments. It shall be the duty of the officers of the District, including the Clerk, Accountant, and Treasurer, to assist the general manager in administering the affairs of the District efficiently, economically, and harmoniously as far as may be consistent with their duties as prescribed by law and ordinances of the District. (0) Attendance at Committee Meetings. The general manager may attend any and all committee meet- ings of the Board of Directors upon his own volition or upon direction of the Board. At such committee meet- ings which the general manager attends, he shall be heard by such committees as to all matters upon which he wishes to address the members thereof, and he shall cooperate to the fullest extent with the members of any committees appointed by the Board of Directors. Section 6. Removal From Office. The general manager may be removed from office at any time by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT at its sole discretion: provided, however, that the gen- eral manager shall be given at least thirty (30) days' written notice prior to the effective date of such re- moval. During such thirty (30) day notice period, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT may, in its sole discretion, suspend the general manager from duty and appoint someone to perform his duties. Section 7. Limitation on Removal From Office. Notwithstanding the provisions of this ordinance herein- -5- I. above enumerated, the general manager shall not be re- moved from office during or within a period of ninety (90) days after any General District Election held in CARLSBAD MUNICIPAL WATER DISTRICT, at which election a member of the Board of Directors is elected. The purpose of this provision is to allow any newly-elected member of the Board of Directors to observe the actions and ability of the general manager in the performance of the powers and duties of his office. After the expiration of said ninety (90) day period, the provisions of Section 6 as to the removal of the general manager shall apply and be effective. ADOPTED, SIGNED AND APPROVED this 2nd day of February , 1972. 4d& FRED W. MAERKI,E'/ President of /C&kLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. ATTEST : Secretary of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. -6- STATE OF CALIFORNIA ) County of San Diego ) )ss. I, W. D. CARMICHAEL, secretary of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Directors of said District, at a regular meeting of said Board held on the 2nd day of February, 1972, and that it was adopted by the following vote: AYES: Cannichael, Engelman, MacLeod, Maerkle and Kelly. NOES: None ABSENT: None Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -7-