HomeMy WebLinkAbout1973-02-20; City Council; 1156; CMC 2.12 amends - City Manager powers, duties & employmentORDI-NAMCE NO. 11 56
AN ORDIPIANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
CHAPTER 2.12 OF THE CARLSBAD MUNICIPAL CODE
TO REDEFINE THE POWERS, DUTIES, OBLIGATIONS,
COMPENSATION AND TERMS OF EMPLOYMENT OF I1 THE C1T.Y MAf'JAGER. , . ,
6 11 The City Council of the City of Carlsbad does ordain that
:hapter 2.12 of the Carlsbad Municipal Code is amended As follows:
1. Section 2.12.005 is amended to read as follows:
"Section 2.12.005 Office C.reated - Appointment. The Office
)f the City Manager of the City of Carlsbad is hereby created and
2stablished. The City Manager shall be appointed by the City
:ouncil wholly on the basis of his administrative and executive
3bility and qualifications and shall hold office for and during
the pleasure of the City Council."
2. Section 2.12.010 is amended to read as follows:
"Section 2.12.010 Residency Requirem-ents. Residence in the
Zity at the time of appointment of a City Manager shall not be
required as a condition of the appointment, but within one hundred
2ighty (180) days after reporting for work, the City Manager must
become a resident of the City unless the City Council approves his
residence outside the City."
3. Sectfon 2.12.015 is amended to read as follows:
"Secti-on 2.1.2.01 5 Eliqi bi l'j tyof Councilmen for Position. Nc
member of the City Council shall be eligible for appointment as
City Manager until one year has elapsed after such Council member
shall have ceased to be a member of the City Council."
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of involuntary removal from service other than for willful mis-
conduct in office, the City Manager shall receive cash severance
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"Section 2.12.020 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
prescribed. Any premium for such bond shall be a proper charge
against the City of Carlsbad."
5. Section 2.12.025 is amended to read as follows:
"Section 2.12.025 Manager Pro Tempore - Acting City Macager.
The Assistant City Manager shall serve as Manager Pro Tempore dur-
ing any temporary abs disability of the City Manager. In
the event there is no Assistant City Manager, the City Manager,
by filing a written noti,ce with the City Clerk,.shall designate
a qualified city employee to exercise the powers and perform the
duties of the City Manager during his temporary absence or dis-
ability. 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."
6. Section 2.12.030 is amended to read as follows:
"Section 2.12.030 Compensation. The City Manager shall re-
ceive 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 in the performance
of his official duties.
On termination of employment of the City Manager by reason
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pay in a lump sum equal to one month's pay for each of the first
three years of continuous service or fraction thereof as City
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policies, measures and ordinances as he deems necessary or ex-
pedient for the health, safety, or welfare of the community.
(f) mendance at Council Meetings. It shall be the
duty of the City Manager to attend all meetings of the City Counci
unless at his request he is excused therefrom by the Mayor in-
dividual ly or the City Counci 1, except when his removal is under
consideration. He may take part in all matters coming before the
Counci 1.
(g) 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 conditions and needs of the City and make such re-
lcommendations as he may deem desirable.
(h) Budget and Salary Plan. It shall be the duty of the
City Manager to prepare and submit the proposed annual budget and
23 the proposed annual salary plan to the City Council, with a messag II
describing important features thereof, and be responsible for its
administration after adoption.
(i) 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 authorized representative. The City
Manager, or his authorized representative, shall be responsible I
for the purchase of all supplies, materials and equipment for all
the departments or divisions of the City for which funds are
provided in the annual budget, and prepare and submit to the
Council as of the end of the fiscal year a complete report on the
finances and administrative activities of the City for the pre-
ceding year.
(j) 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 obligations of the City. Further,
it shall be the duty of the City Manager to investigate all com-
plaints in relation to matters concerning the administration of
the City government and in regard to the service maintained by
public utilities in said City.
(k) - Public Buildings and City Property. 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, equipment and supplies, which are under the control and
jurisdiction of the City Council.
(1) Additional Duties. It shall be the duty of the City
Manager to perform such other duties and exercise such other power
as may be delegated to him from time to time by ordinance or
resolution or other official action of the City Council.
8. The following Sections are repealed: Section 2.12.040,
2.12.075, 2.12.080, 2.12.085, 2.12.090, 2.12.095, 2.12.100 and
2.12.105.
9. Section 2.12.110 is amended to read as follows:
"Section 2.12.110 Council-Manager Relations. The City Coun-
cil 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 orders and instructions
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from the City Council only when sitting in a duly convened meet-
ing of the City Council and no individual Councilman shall give
any orders or instructions to the City Manager. However, any
Councilman may, as an individual, request pertinent information
on municipal affairs and citizen complaints from the City Manager
and from Department Heads through the City Manager. These
1 requests wi 11 be answered promptly."
10. Section 2.12.115 is amended to read as follows:
I "Section 2.12.115 Departmental Cooperation. It shall be the
duty of all subordinate officers and the City Clerk, City Treasurer, I
I and City Attorney to assist the City Manager in administering the
affairs of the City efficiently, economically and harmoniously."
11. Section 2.12.120 is hereby repealed.
12. Section 2.12.125 is amended to read as follows:
"Section 2.12.125 Attendance at Commission Meetings. The City
Manager may attend any and all meetings of the Planning Commission, 1 Park and Recreation Commission, Harbor Commission, Library Com-
mission, Traffic Safety Commission, and any other commissions,
boards, or committees created by the City Council, upon his own
volition or upon direction of the City Council. At such meetings
which the City Manager attends, he shall be heard by such com-
missions, 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 I / City Council, and he shall cooperate to the fullest extent with 1 , the members of all commissions, boards or committees appointed by
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/ 13. Section 2.12.130 is amended to read as follows:
I "Section 2.12.130 Removal of City Manager. The removal of the
City Manager shall be effected only by a majority vote of the I
whole City Council as then constituted, convened in a regular
Council meeting. In case of his intended removal by the City
Council, the City Manager shall be furnished with a with a written
notice citing the Council's action to remove him at least thirty
days (30) before the effective date of his removal. If the City
Manager so requests, the City Council shall provide in writing
reasons for the removal, which shall be provided the City Manager
within seven (7) days after the receipt of such request from the
City Manager, and at least fifteen (15) days prior to the effec-
tive date of such removal. After furnishing the City Manager witt-
written notice of removal, the City Council may suspend him from
duty, but his compensation shall continue until the date of his
removal has been established by action of the Council. The re-
moval of the City Manager is subject to the following subsections:
(a) Hearing. Within seven (7) days after the delivery
to the City Manager of such notice of intention to remove, he may
by written notification to the City Clerk, request a hearing be-
fore 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 (30) day period,
at which the City Manager shall appear and be heard, with or with-
out 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 compensation shall con-
tinue until his removal by action of the Council passed subsequent
to the aforesaid hearing.
(c) Discretion of Council. In removing the City Manager
the City Council shall use its uncontrolled discretion 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 its action.
14. Section 2.12.135 is amended to read as follows:
"Secti,on 2,._!-2 ,, 1-3-5- Limi tation on- Removal . Notwi thstandi ng
the provision of Section 2.12.130 hereinabove set forth, the
City Manager shall not be removed from office, other than for mis
conduct in 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 Councilman 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 office. After the expiration of said ninety (90)
day period aforementioned, the provisions of Section 2.12.130 as
to the removal of said City Manager shall apply and be effective.
15. Section 2.12.140 is added to read as follows:
"Sec.ti.-on 2..12-.*I40 A-g-reements 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 supplemental agre
ment with the City Manager delineating additional terms and con-
ditions of employment not inconsistent with any provisions of thi
ordinance.
16. Section 2.12.145 is added to read as follows:
"Section 2 ._12,.,1 Resignation. The City Manager shall pro-
vide written notice, in the event of .his resignation, to the City
Council at least thirty (30) days prior to his termination date.
he City Council may waive this provision at their sole discretio
17. All ordinances in conflict with these provisions are
repealed.
18. Effectiv-e Date. This ordinance shall take effect and
be in force on the thirty-first day from and after its final
passage.
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