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HomeMy WebLinkAbout10 ORDINANCE NO. 10 AN ORDINANCE OF THE CITY OF DANVILLE CREATING THE POSITION OF CITY MANAGER AND SETTING FORTH QUALIFICATIONS, POWERS AND DUTIES AND OTHER MATTERS THE CITY COUNCIL OF THE CITY OF DANVILLE DOES ORDAIN AS FOLLOWS: 1. Chapter 2 of Title 2 comprising Sections 2-201 through 2-210 is added to the Danville Municipal Code to read as follows: Chapter 2 CITY MANAGER 2-201. Position created. The position of the City Manager of the City of Danville is hereby created pursuant to Government Code Section 34851. The City Manager shall be appointed by and serve at the pleasure of the City Council. 2-202. Qualifications. The City Manager shall be appointed wholly on the basis of his or her administrative and executive ability and qualifica- tions. 2-203. Residence. Although it is desirable that the person appointed establish residence within the City within a reasonable period of time, residency within the City shall not be a condition of employment. 2-204. Bond. If not covered by a blanket bond for city employees, the City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the City Council and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City. 2-205. Acting City Manager. The City Manager shall recommend for Council approval one of the officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager. In case of the absence or disability of the City Manager and failure to choose an Acting City Manager, the City Council may designate some qualified city employee to perform the duties of the City Manager during the period of absence or disability of said City Manager, subject, however, to the person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed unless the person is covered by the City's blanket bond. 2-206. Compensation. The City Manager shall receive such compensa- tion 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 in the performance of official duties with approval of the Council. 2-207. 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. The City Manager shall be responsible for the efficient administration of all the affairs of the City. In addition to general powers as administrative head, and not as a limitation thereon, the City Manager shall have the duties and the powers set forth in the following subsections. (a) Service to and direction of City Council. To respond promptly to all requests by the City Council for information and advice and see that all Council instructions, orders and decisions are carried out promptly. (b) City Clerk. To perform the duties of City Clerk and such other responsibilities which may be assigned by the City Council. (c) Appointment and Removal. Pursuant to Government Code Section 34856, to appoint and remove, with the approval of the City Council, all officers and department heads including the City Treasurer, but excluding the City Attorney. The City Manager shall either appoint, remove, promote or demote all other city employees or approve their appointment, removal, promotion or demotion subject to all applicable personnel rules and regulations which may be adopted by ordinance or resolution by the Council. (d) Authority over Employees. To control, order and give directions to all heads of departments and to subordinate officers and employees of the City under the City Manager's jurisdiction through their department heads. (e) Budget. To prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council and, upon approval of the City Council, to administer the budget and salary plan. (f) Expenditure Control and Purchasing. To see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or authorized representative and to be responsible for the purchase of all equipment and supplies for all the departments or divisions of the City subject to Council policy. (g) Contracts. To negotiate all contracts for services for which the City has a service responsibility to its residents and desires to provide such service by contract. The contract shall be approved by the City Council. After the Council approves the contract, it shall be the duty of the City Manager to administer the contract and determine that its provisions are carried out. The City Manager shall report to the Council at such times as the Council may direct on the performance of the contractor. (h) Financial Reports. To keep the City Council at all times fully advised as to the financial condition and needs of the City. (i) Policies. To recommend to the City Council such policies which, in the judgment of the City Manager, are worthy of consideration by the City Council. (j) Administrative Reorganization. To conduct studies and effect such administrative reorganization of services, offices, positions or units under the City Manager's direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business. (k) Investigations and Complaints. To make investigations into the affairs of the City and any department or the proper performance of any obliga- tions of the City and 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. (1) Law enforcement. To enforce or cause to be enforced 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. (m) Public Property. To exercise general supervision over all public 4 property which is under the control and jurisdiction of the City Council. (n) Attendance at Council Meetings. To attend all meetings of the City Council unless excused therefrom by the Mayor or the City Council. (o) Additional Duties. To perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or other official action of the City Council. 2-208. Internal Relations. (a) Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual council- member shall give any orders or instructions to the City Manager. (b) Department Cooperation. It shall be the duty of all subordinate officers to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously. (c) 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. At such meetings, the City Manager shall be heard by such commissions, boards or committees as to all matters the City Manager wishes to address the members thereof, and inform the members as to the status of any matter being considered by the City Council. The City Manager shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council. 2-209. Termination. The City Manager may be terminated by the City Council at any time subject to such conditions which may be agreed to pursuant to Section 2-210. 2-210. Agreement 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 agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provision of the ordinance. PASSED AND ADOPTED by the City Council of the City of Danville this 7th day of Sept 1982, by the following vote: AYES: Lane, May, Mo Neely, Offenhartz, Schlendorf NOES: None ABSENT: None M yo~_~~~ City Clerk