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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." t 28 29 0 of involuntary removal from service other than for willful mis- conduct in office, the City Manager shall receive cash severance 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 "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. 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C,UuOrdC,uZWrdrd~QIQ~ U-WS ULLSQ) -C1 .r Q C,+Jalrd aJrdOTJ.rWC,WV) -I-'- AWWCU 0 U .r W(CWV) P L 1-6 C,>LW %EX0 Q)C,cCCrV)rZ alCW .F -r 6) OCUa)C, X mOS S U"vQ)3S.rV) mt'c V~UL U X rbUerdlC, @ol> st- -C rd C, .r- .F h " -I-' X s L U LOa,aJE m C a, aJwu-a, C,WWU X rd al3+ a,.? L-s LV a, c rdQIZ, SV-A= SSr6Q)X nao na SLC, rd an.^ zmn C,~OC, w rdnx 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 27 // the City Counci 1. 'I I li 8 lo l2 13 14 15 16 ' l7 l8 l9 20 21 22 23 24 25 26 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 28 29 30 31 32 / 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. XX -8-