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Home My WebLink AboutORD 027 1984 0815ORDINANCE NO. 27 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 2.08 OF TITLE 2 OF THE MOORPARK MUNICIPAL CODE REGARDING THE OFFICE OF CITY MANAGER. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Amendment. That Chapter 2.08 of Title 2 of the Moorpark Municipal Code is amended to read as follows: "Chapter 2.08 CITY MANAGER "Sections: "2.08.010 Office created - Term. 2.08.020 Eligibility. 2.08.030 Compensation. 2.08.040 Expense reimbursement. 2.08.050 Performance of duties in Manager's Absence. 2.08.060 Powers and duties. 2.08.070 Relations with Council. 2.08.080 Departmental Cooperation. 2.08.090 Attendance at Commission Meetings. 2.08.100 Removal. 2.08.110 Agreements with Council. "2.08.010 Office Created - Term. "The office of City Manager is hereby created and established. The City Manager shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications. The City Manager shall hold office at the pleasure of the City Council. "2.08.020 Eligibility. "No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such Council Member has ceased to be a member of the City Council. "2.08.030 Compensation. "The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the Council shall designate. "2.08.040 Expense reimbursement. "The City Manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties, including those incurred when traveling on business pertaining to the City. "2.08.050 Performance of duties in Manager's Absence. "The City Manager, by a letter filed with the City Clerk, shall designate a qualified City employee to exercise the powers and perform the duties of Manager during his temporary absence or disability. In the event the City Manager's absence or disability extends for more than a two -month period, the Council may appoint an Acting City Manager. "2.08.060 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 this chapter. The City Manager shall be responsibile for the efficient ad- ministration of all affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, he shall be expected to, and shall have the power to: "(a) 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; "(b) Appoint, remove, promote and demote any and all officers and employees of the City except elective officers and the City Attorney, subject to all applicable personnel rules and regulations which may be adopted by the City Council; "(c) Control, order and give directions to all department heads who are subject to his appointment and removal authority, and to subordinate officers and employees of the City under his jurisdiction through their department heads; "(d) Conduct studies and effect such organization and reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business; "(e) Recommend to the City Council for adoption such measures and ordinances as he deems necessary; "(f) Attend all meetings of the City Council unless excused therefrom by the Mayor, individually, or the City Council as a whole, except when his removal is under consideration; -2- "(g) Prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for approval; "(h) Direct and supervise all the purchasing activities of the City; "(i) Keep the City Council at all times fully advised as to the financial condition and needs of the City; "(j) Make investigations into the affairs of the City and any department or division thereof and any contract or the proper performance of any of the obligations of the City; and further, 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 the City; "(k) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the City Council; "(1) Perform such other responsibilities and exercise such other powers as may be delegated to him from time to time by ordinance, resolution or other official action of the City Council. "2.08.070 Relations with Council. "The City Council and its members shall deal with the ad- ministrative 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 to any subordinates of the City Manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall give all informa- tion reasonably requested by any Councilmember. The City Manager shall take his orders and instructions from the City Council only 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. The City Council shall instruct the City Manager in matters of policy. Any action, determination or omission of the City Council shall be subject to review of the City Council. The City Council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three members of the City Council. -3- "2.08.080 Departmental Cooperation. "It shall be the duty of all subordinate officers and the City Attorney and City Clerk to assist the City Manager in administering the affairs of the City efficiently, ecomonically and harmoniously. "2.08.090 Attendance at Commission Meetinqs. "The City Manager may attend any and all meetings of the Planning Commission, and any other Commission, Board or Committee 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 Commissions, Boards or Committees as to all matters upon which he wishes to address the members thereof. He shall inform such members as to the status of any matter being considered by the City Council, and he shall cooperate to the fullest extent with members of all Commissions, Boards or Committees appointed by the City Council. "2.08.100 Removal. "The removal of the City Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council Meeting. 11(1) Upon termination of employment during the first year of service, by reason of involuntary removal from office other than for willful misconduct, the City Manager shall receive cash reverence pay in a lump sum equal to ninety (90) days' pay. If terminated under said circumstances following the first year of service, the City Manager shall receive thirty (30) days of additional severence pay for each additional year of continuous service or fraction thereof as City Manager, up to a total of one hundred eighty (180) days. "(2) Notwithstanding the provisions of this ordinance hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding any municipal election held in the City at which election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member of the City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his office. "2.08.110 Aqreements with Council. "Nothing in this chapter 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 provisions of this chapter." -4- SECTION 2. Effective Date. That this ordinance shall become effective thirty days after its passage and adoption. SECTION 3. Clerk's Certification. The City Clerk shall, within 15 days after the passage of this ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordiannce; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. APPROVED AND ADOPTED this 15 day of August , 1984. i • � - • •• •. ATTEST: STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, _ DORTS D_ RAFTS , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the foregoing Ordinance No. 27 _ was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 15 ' day of August , 1984, and that the same was adopted by the following Vote, to wit: AYES: Councilmembers Prieto, Harper, Beaulieu and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Straughan. WITNESS my hand and the official seal of said City this 15 day of August , 1984. (SEAL) - ITY CLERK