HomeMy WebLinkAboutORD 452 2017 0726 ORDINANCE NO. 452
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 2.12.100, OF
CHAPTER 2.12, CITY MANAGER, OF THE MOORPARK
MUNICIPAL CODE TO REDUCE THE MAXIMUM AMOUNT
OF A SEVERANCE PAYMENT FOR A CITY MANAGER
WHO IS INVOLUNTARILY TERMINATED FROM
EMPLOYMENT, AND MAKING A DETERMINATION OF
EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council desires to reduce the amount of a severance
payment that the City would need to pay in the event of an involuntary termination of the
City Manager; and
WHEREAS, Section 2.12.100 of the Moorpark Municipal Code currently provides
that the maximum severance payment would be equal to 18 weeks of salary and
benefits if the City Manager is terminated in the first year and an additional 52 weeks of
salary and benefits if terminated thereafter; and
WHEREAS, the City Council intends to cap the severance at a not to exceed 36
weeks of salary and benefits for a City Manager, except that for a City Manager first
employed as City Manager on or after January 1, 2016, and pursuant to a written
employment agreement, the amount of severance may be increased to 52 weeks; and
WHEREAS, the City's Community Development Director has concluded that the
proposed change to a City Manager's severance payment amount that is specified in
this Ordinance is exempt from review under the California Environmental Quality Act,
pursuant to Section 15061(B)(3) of the State CEQA Guidelines, because it can be seen
with certainty that the change will not have any potentially significant adverse impact on
the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTIONI. The City Council hereby concurs with the City's staff's conclusion
that it can be seen with certainty that there is no possibility the adoption, of this
Ordinance will have a significant adverse effect on the environment and that it is
therefore exempt from review under the California Environmental Quality Act pursuant
to Title 14, Section 15061(b)(3) of the California Code of Regulations.
SECTION 2. Section 2.12.100 (Removal from Office) of Chapter 2.12 (City
Manager) of Title 2 (Administration and Personnel) of the Moorpark Municipal Code is
hereby amended in its entirety to read as follows:
Ordinance No. 452
Page 2
"2.12.100 Removal from office.
A. 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.
B. For a city manager already employed prior to January 1, 2016, then
upon termination of employment by reason of involuntary removal from office
other than for willful misconduct, the city manager shall receive cash severance
pay in a lump sum equal to four (4) weeks (two (2) pay periods) of salary and
benefits for each year of service to a maximum of thirty-six (36) weeks (eighteen
(18) pay periods) of salary and benefits.
C. For a city manager first employed on or after January 1, 2016, then
upon termination of employment by reason of involuntary removal from office
other than for willful misconduct, the city manager shall receive a cash severance
as specified in a written employment agreement, provided the maximum amount
of severance specified in that agreement shall not exceed fifty-two (52) weeks of
salary. In addition, the agreement may provide for the payment of health benefits
consistent with the limitations of Government Code Sections 53260 and 53261
and the City's medical insurance provider.
D. Notwithstanding the provisions of this chapter, 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 or her office."
SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, part or portion
thereof, irrespective of the fact that any one or more section, subsections, sentences,
clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
Ordinance No. 452
Page 3
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this 26th day of July, 2017.
r
Jan'ce S. Parvin, Mayor
� ��, R'•`
ATTEST:
496
Maureen Benson, City Clerk � ��� ` ��'-
Ordinance No. 452
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Ordinance No. 452 was adopted by
the City Council of the City of Moorpark at a regular adjourned meeting held on the 26th
day of July, 2017 and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Simons
ABSTAIN: None
WITNESS my hand and the official seal of said City this 26th day of July, 2017.
Maureen Benson, City Clerk
(seal)
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