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HomeMy WebLinkAboutTC Ord 1964-07-13 (4) ORDINANCE NO. 18 AN ORDINANCE OF 'rnE CITY OF TIBURON ESTABLISHING THE OFFICE OF CITY MANAGER, DEFINING HIS DUTIES AND RESPONSIBILITIES, AND PROVIDING FOR THE DETE~lINATION OF HIS COMPENSA'1ION The City Council of the City of Tiburon does ordain as follows: Section 1. OFFICE OF CITY MANAGER CREATED. The office of the City Manager of the City of Tiburon is hereby created and established. The City Manager shall be appointed by the City Council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the City Council. Section 2. RESIDENCE. Residence in the City of Tiburon, at the tlme 01 appointmen4 shall not be required as a condition of appointment; provided, however, that within twelve months after the appointment of the Ci ty fJlanager he shall establish his residence in the City of TiburonJ unless such time is extended by resolution of the City Council. Section 3. ELIGIBILITY. No person elected as a Councilman or the City shall, subsequent to such election, be eli6ible 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. Section 4. BOND. The City lVjanager shall furnish a cor- porate 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 as herein prescribed. Any premium for such bond shall be a proper charge against the City of Tiburon. Section 5. COMPENSATIONo The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine and fix by resolution, and said compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate. Said City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under direction of the City Council; reimbursement shall only be made, hn'Tever, when a \-erified itemized claim, setting forth the sums expended for such business for which reimburse- ment is requested, and has been presented to the City Council for approval. Section 6. POWERS AND DUTIES. The City ~anager shall be the admln1~tratlve head of the governrr.ent of the City under the direction and control of the City Council except as otherwise provided in this ordinance. He shall be responsible for the efficent administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a li~itation thereon, it shall be his duty and he shall have the following powers: (a) To enforce all laws and ordinances and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed. (b) To control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department he ad s . (c) To appoint, remove, promote and demote any and all officers and employees of the City, except the City Attorney and City Treasurer, subject, however, to any Civil Service or Personnel System now or hereafter established by ordinance. (d) To recorr.mend to the Ci ty Council s'.lch reorgani- zation of offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business. (e) 'To recommend to the Ci ty Council fo r adoption such measures and ordinances as he deems necessary or expedient. (f) To attend all meetings of the City Council unless excused therefrom. (g) To keep the City Council at all times fully ad- vised as to the financial conditions and needs of the Citv. (h) To prepare and submit the proposed annual bUdget and the proposed annual salary plan to the City Council for its approval. (i) To be responsible for the purchase of all supplies for all of the departments or divisions of the City. No expenditures shall be submitted or recommended to the City Council unless accompanied by a report of the City Manager. (j) To make investigations into the affairs of the City and any department or division the~eof, and any contract or the proper performance of any obligatii:ons of the City. (k) To investigate all complaints in relation to mat- ters concerning the administration of the City Government and in regard to the service maintained by public utilities in said City, and to see that all franchises, and permits gr~~ted by the City are faithfully performed and observed. (1) To exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the City Council. (m) To serve ex officio as City Clerk, UDon bein~ specifically designated to do so by the City Council, and upon such designation to faithfully execute the duties and responsi- bilities of said office. (n) To serve as Finance and Accountin~ Officer of the (0) To perform such other duties and exercise such other powers as may be dele~ated to hil'1 from time to time by ordinance or resolution or other action of the City Council. City. Section 7. HOURS OF R:PLOTI'~EN~. It shall be the duty of th:; City IVianager to devote his entire tirr,e to the duties of his office in the interests of the City. Section 3. COUNCIL 1I1ANAGER RELATIONS. The City Council and its members shall deal with the administrative services of the City only through the City TvIanager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the Ci ty t,'~anager. The Ci ty fvlanager shall take his orders and instructions from the City Council only when sitting in a duly held meeting of the City Council and no individual councilman shall give orders or instructions to the City ~anager. Section 9. DEPAR~~ENTAL COOPERATION. It shall be the duty 01 all sUbordinate officers and the City ~rAasurer and City Attorney to assist the City Vanager in adminiftering the affairs of the City efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the City. Section 10. ATTENDANCE AT COmJ1ISSION MEETINGS. 1he City Manager may attend any and all meetings of the Planning Corrmission and any other Commissions, boards or committee~ herpafter 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, and he shall inform said members as to the status of any matter being considered by the City Council and he shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the City Council. Section II. ABSENCE. In the event of the absence or dis- ability of' the City ~jlanager, he shall designate, subject to the approval of the City Council, one of the other officers or depart- ment he8~~ of the City to serve as city manager pro tempore during said period. In the event of such absence and disability and in the event of the failure of the Ci ty r/:anager to so designate a manager pro tempore, the council may designate some duly qualified person to perform the duties of the City Manager during the period of absence or disability. Section 12. REMOVAL OF I'JIANAGER. 1he removal of the City T:anager shall be only upon a three l'rember vote of the whole Council in regular Council meeting, subject, however, to the provisions of the next succeeding sections. In case of his intended removal by the City Council, the City nanager shall be furnished with a written notice stating the Council's in- tention to remove hi~ and the reason therefor, at least thirty days before the effective date of his removal. Section 13. HEARING. vithin seven days after the delivery to the City ~1anager of such notice he may by written notification GO the City Clerk, request a hearing before the City Council. Thereafter, the City Council shall fix a time for the hearing which shell be held at its usual meeting place, but before the expiration of the thirty day period, at which the City Manager shall appear and be heard, with or without counsel. Section 14. SUSPENSION PENDING HEARING. After furnishing the City I'/:anager with written notice of intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal by re~olution of the Council passed subsequent to the aforesaid hearing. Section 15. 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 PUy- pose of whlch is to allow the Ci ty ]\lanag:er to present to sail City Council his grounds of opposition to his removal prior TC its actior.. Section 16. LIMITATION ON REMOVAL. N00withstanding: ttlE: provisions of' thJ.s ordinance hereinabove enumerated, the Ci L:'- Manager shall not be removed from office, except for malfeasanc':- or nonfeasance, during or within a period of ninety (90) daYE next succeeding any general municipal election held in the CiT: at which election a member of the City Council is elected: thf purpose of this provision is to allow any newly elected membe~ of the City Councilor a reorganized City Council to observe th~ actions and ability of the City Manager in the performance of thE duties of his office. After the expiration of said ninety-da; period aforementioned, the provisions of the preceding sectio0 as to the removal of said City Manager shall apply and bE effective. Section 17. NOTICE. Prior to terminating his employment for any reason the City Manager shall notify the City Council, in writing, at least 30 days prior to the effective date thereof. Section 18. URGENCY. This ordinance shall become effective immediately. The facts constituting such emergencJT are that the city has recently been incorporated and the orderly administration of city business requires that immediate pro- vision be made for a permanent administrative head of the City. PASSED AND ADOPTED by the City Council of .the City of Tihuron at a regular meeting thereof on the 13th day of July, 1964 by the following vote: AYES: Councilmen: Strawbridge, Hoffmire, Ellinwood, Souza, Haru1ahs NOES: Councilmen: ABSENT: Councilmen: >iY&~ tJ, ~ MAYOR OF 'fHE CITY OF TI~4~N AT:~~~~~ -.---....--..---