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Home My WebLink About6.07 Amend Ord Estab City Manager Position 7oo-so CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 28, 1987 SUBJECT Ordinance Amending Ordinance No . 7-82 Creating and Establishing the Position of City Manager EXHIBITS ATTACHED Draft Ordinance ; Ordinance No . 7-82 r i RECOMMENDATION o Open Public Hearing o Hear Staff Presentation o Hear Testimony from the Public o Close Public Hearing o Deliberate o Waive Reading and Adopt Ordinance FINANCIAL STATEMENT: None DESCRIPTION On March 15 , 1982 , the City Council adopted an Ordinance establishing the position of City Manager for the City of Dublin . The City presently operates under that Ordinance. Ordinance No . 7-82 would fulfill the requirements of a Council/Manager form of government with the exception of the provision in Section 6 . C. of the Ordinance , which requires the City Manager to obtain the approval of the City Council prior to the appointment or removal of all Officers and Department Heads of the City , with the exception of the City Attorney . This particular provision of the Ordinance is carried out in more detail in the City ' s current Personnel Rules . In actual practice , over the last 5 1/2 years , the City Manager has typically recommended for appointment one candidate for each Department Head position , which the City Council has confirmed . One of the objectives of the City is to secure the services of highly qualified professionals for the Department Head positions within the City . In a highly competitive recruiting environment , the delays and uncertainties associated with the appointment of Department Head candidates which result from requiring Council approval may place the City at a disadvantage in being able to secure the services of those individuals that it wishes to hire . It is therefore Staff ' s recommendation that the City Council modify Ordinance No . 7-82 by deleting the words "with the approval of the City Council" on Page 2 , Section 6 . C . line 3 . This deletion will authorize the City Manager to appoint and remove Officers and Department Heads , with the exception of the City Attorney , without the approval of the City Council . This modification will assist the Manager in securing the services of the most qualified people for Department Head positions , as well as meet the criteria necessary to be recognized as a Council/Manager form of government . This ordinance was introduced on September 14 , 1987 at the City Council meeting . ---------------------------------------------------------------------------- COPIES TO : ITEM NO. 6 o ;� ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 7— CREATING AND FS`I'ART.T.SR7iT THE POSITION OF CITY NAMAM THE CITY COUNCIL OF THE CITY OF DUBLIN, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. POSITION CREATED. The position of the City Manager of the City of Dublin is hereby created and established pursuant to Government Code Section 34851. The City Manager shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications and shall hold the position at the pleasure of the City Council. Section 2. 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. Section 3. BOND. 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 of Dublin. Section 4. ACTING CITY MANAGER. Within thirty (30) days after appointment, 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. The approval of the City Council and the appointment by the City Council of an Acting City Manager shall be recorded in the minutes. 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 of 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. Section 5. COMPENSATION. The City Manager shall receive 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 in the performance of official duties with approval of the Council. Section 6. 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 ordinance. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under the Manager's control. In addition to general powers as administrative head, and not as a limitation uz'f .I:::rti._. .;xtiij.�S•,.v �� 4 ,..c �,..},_:� :n= ?u,d?:;ks:l' ".n,eFs' 'w.��w.'.:N,�.4�«:;:a.'�,u..x.t�. ...+�.,:«ri�iS&.tl:�J,.::;.:1ria*a. .i,...arsy...',,tt'1it,�„.,a:ii;r..tw...c<x:'...dta::.Y.....s .... thereon, the City Manager shall have the duties and powers set forth in the following subsections: A. Law Enforcement. . It shall be the duty of the City Manager 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. B. Authority Over Employees. It shall be the duty of the City Manager, and the City Manager shall have the authority 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. C. Appointment and Removal. It shall be the duty of the City Manager pursuant to Government Code Section 34856 to appoint and remove all officers and department heads including the City Clerk and the City Treasurer, but excluding the City Attorney. The City Manager shall either approve the appointment, removal, promotion or demotion of all other City employees or authorize Department Heads to appoint, remove, promote or demote in certain classes of positions subject to all applicable personnel rules and regulations which may be adopted by ordinance or resolution by the Council. D. Contracts. It shall be the duty of the City Manager 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 service provider. E. Administrative Reorganization. It shall be the duty and responsibility of the City Manager 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. F. Ordinances. It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as deemed necessary. G. Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom by the Mayor individually or the City Council. H. 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 condition and needs of the City. -2- ::J..TiC.G4:.✓311. ..,w.«1u::'ip.:tl.::r.Vi.S..aarN.,q...r'w.;......::1law.rab....S..w.If:.:CG.iLluM1::i11:(:..JiFIw;..-r.:iNf/,;w.'AiSta.6<w.:.:J+?.wteL::73:LLL..iu{uMIt.tiu.'4%'ilitt:'rr.4.'.+J.tr7f[efi...1:a.i:':�'.as..ce ra.,....fi..._..t1nn..C':N....,.aY..}.,::2+u.i_..,,.,..r.i._,.-.. I. Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval. J. 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 authorized representative. The City Manager, or authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City. R. 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 complaints in relation to matters concerning the administration of the City goverment and in regard to the service maintained by public utilities in the City. L. Public Property. It shall be the duty of the City Manager to exercise general supervision over all public property which is under the control and jurisdiction of the City Council. M. Additional Duties. It shall be the duty of the City Manager 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. Section 7. 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 thereof 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 councilmember 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 to the members thereof, and inform the members as to the status of the matter being considered by the City Council. The City Manager shall cooperate to the fullest -3- t� '1, „�"�a2't+!-"ir "..�idu�R,ih3i"�t#r. ,erx,rrtie�-,i:':5".i�'�w.k4crytr;'aa:9�aY,{RG.:3'�6-'S , "" _- •r.1i�23. G)r;$L'k�'.S.°4riEas`�$"�.6Fc9.'w`ka...�t�3fitY'idsr;iw".:'.�Ski`�1,�$:sz"rfr:L,did '�.H.lrso-l+...�c'�",dv`vs�"Md' S�w'4i`;Q,ca.aC..�ti.'.i5 . a extent with the members of all camuissions, boards or committees appointed by the City Council. Section 8. AGREEMENT ON EMPLOYMENT. Nothing in this ordinance shall be construed as a limitation on the paver 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 the ordinance. Section 9. SUPERCESSIONS OF COUNTY ORDINANCE. It is the intention of the City Council of the City Council of the City of Dublin as of the effective date of this ordinance, it shall supersede the effectiveness of any ordinance of the County of Alameda in conflict herewith, insofar as any such ordinance may have applied to the City of Dublin by reason of the adoption of Ordinance No. 1 of the City of Dublin. Section 10. EFFECTIVE DATE AND POSTING OF ORDINANCE. This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day,of.September, 1987, by the following votes: AYES: NOES: ABSENT: MAYOR ATTEST: CITY CLERK -4- iat,�fn�tl".�u�'�'!�+,':r-,..vt...tE'.y+'".:�L :�itkcui7awf�3�''n.t''".✓'Y��'� '�"i�di'C�'3i �Ah t."i..s:,i�.r.iG4;�.:9£.nir a..S.S'J;.cfGK,."�r7"I,.�."" 'G "�ys/:fk�Sa�i:eifi�sli�Cit '' •+`• z.ts"�•.. .. ORDINANCE NO. 7 AN ORDINANCE OF THE CITY OF DUBLINry � w CREATING AND ESTABLISHING THE POSITION OF CITY MANAGER-—— THE CITY COUNCIL OF THE CITY OF DUBLIN, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1 ._-....POSITION CREATED. The position of the City Manager of the Citj' "of Dublin is hereby created and established pursuant to Government Code Section 34851 . The City Manager shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications and shall hold the position at the pleasure of the City Council . Section 2. RESIDENCE. Although it is desirable that the person appointed establish`risidence within the City within a reasonable period of time, resi- dency within the City shall not be a condition. of employment. Section 3. BOND. 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 of Dublin. Section 4. ACTING CITY MANAGER. Within thirty days after appointment, 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. The approval of the City Council and the appointment by the City Council of an Acting City Manager shall be recorded in the minutes. In case of the absence or disa- bility 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. Section 5. 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 . Section 6. POWERS AND DUTIES. The City Manager shall be the administra- tive head of the government of the City under the direction and control of the City Council except as otherwise provided in this ordinance. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under the Manager's control . In addition to general powers .�` diC J.r'crirtY "taE}..i" �.dVil>YY vH rJ.S"c�.dd'.fi �i�J y:C7:8 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. Law Enforcement. It shall be the duty of the City Manager 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. B. Authority over Employees. It shall be the duty of the City Manager, and the City Manager shall have the authority .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. C. Appointment and Removal . It shall be the duty of the City Manager 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 Clerk and the City Treasurer., but excluding the City Attorney. The City Manager shall either approve the appointment, removal , promotion or demotion of all other City employees or authorize Department Heads to appoint, remove, promote or demote in certain classes of positions subject to all applicable personnel rules and regulations which may be adopted by ordinance or resolution by the Council . D. Contracts. It shall be the duty of the City Manager 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 service provider. E. Administrative Reorganization. It shall be the duty and responsibility of the City Manager 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. F. Ordinances. It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as deemed necessary. G. Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom by the Mayor individually or the City Council . -2- ,.».-. ,. ..._. _.......... .,_...u--.._..,......-3..., .i..,....w-..s... ++..t::c.5.+4.Wi!.0 Gvv.r... -.._hJs_r<.0-sr. .o n..,....,.S.N u..:T.�t ....�.m..m.;4iE" ,.i ..,._...aA1'....::✓..0<.,.., _.F.... _...... .......... .,... ..._, w .J (` H. 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 condition and needs of the City. I. Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval . J. 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 authorized representative. The City Manager, or author- ized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City. K. 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 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. L. Public Property. It shall be the duty of the City Manager to exercise general supervision over all public property which is under the control and jurisdiction of the City Council . M. Additional Duties. It shall be the duty of the City Manager 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 . Section 7. 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 thereof 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 assit 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 commis- sions, 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 extend with the members of all commissions, boards or -3- s�cnl. FBct�tAtt�4y 2ucla ."1Z °�YR+2d.Y&YdB�%3 1' �i�a�V�: nr n �vg3tr_�... n±aimxMa` ya w:rtTtN171sz6ifu .i,.4`ld}q�f' UmS1�Sr:� o of3& i committees appointed by the City Council . Section 8. 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 inconsis- tent with any provisions of the ordinace. - Section 9. SUPERCESSIONS OF COUNTY ORDINANCE. It is the intention of the City Council of the City of Dublin as of the effective date of this Ordinance; it shall supersede the effectiveness of any ordinance of the County of Alameda in conflict herewith, insofar as any such ordinance may have applied to the City of Dublin by reason of -the adoption of Ordinance No. 1 of the City of Dublin. PASSED AND ADOPTED by the City Council of the City of Dublin on this 15th day of March,. 1982, by the following votes: AYES: Cm. Jeffery, Moffatt and Mayor Snyder NOES: Cm. Burton and Hegarty ABSENT: None, MAYOR CITY RK . -4-