HomeMy WebLinkAboutMC-838U
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ORDINANCE NO.
MC-838
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2.02 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFICE
OF THE CITY ADMINISTRATOR, AND DECLARING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 2.02 of the San Bernardino Municipal
Code is hereby amended to read as follows:
2.02.010 Position created.
There is created the position of Administrative Officer to
the Mayor and Common Council, which position shall be designated
as City Administrator.
Any and all references to the
Administrative Officer in any ordinances, resolutions and
documents of the City shall refer to and mean the City
Administrator.
2.02.020 Selection - Experience requirements.
The Administrative Officer shall be chosen on the basis of
administrative and executive ability.
He or she shall have at
least five years of experience in responsible executive or
administrative positions and shall possess the ability to
coordinate and make recommendations regarding the policies and
programs of the Mayor and Common Council, including budget and the
coordination of various City activities. He or she shall devote
his or her entire time to the duties of his or her office and
shall not engage in any other business or occupation.
2.02.030 Appointment - Discharge - Notice of resignation.
The Administrative Officer shall be appointed by the Mayor
wi th the approval of the Common Council.
He or she may be
discharged by the Mayor with the approval of a vote of five-
DAB/ses/CityAdm2.ord
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MC-'-838 .
sevenths of the Common Council for the good of the service and the
Mayor may terminate the City Administrator for dereliction,
neglect or non-performance of duty. The Administrative Officer
shall give the Mayor and Common Council not less than thirty days'
written notice of his or her intent to resign.
2.02.040 Salary and benefits.
The salary of the Administrative Officer shall be fixed
annually by the Mayor and Common Council and it shall be paid in
the same manner as the salaries of other City employees. He or
she is granted and is entitled to all of the benefits conferred
upon City employees relating to sick leave, vacation leave,
holidays, medical and hospital insurance, workers' compensation
and travel expense, and by the Public Employees' Retirement
System.
2.02.050 Duties - Assistants.
Various positions shall be created by the Mayor and Common
Council in order to assist the City Administrator in the
performance of his or her duties, and the City Administrator may
assign the performance of any of the duties prescribed in this
chapter to his or her assistants. In addition to the duties
expressly enumerated herein, the City Adminis~rator shall
coordinate all operations related to data processing and similar
functions.
2.02.060 Duties - Report to Mayor and Common Council.
Under the supervision of the Mayor, and subj ect to the
approval and direction and control thereof, the Administrative
Officer shall be responsible for the performance of such
ministerial duties and ministerial functions as may be placed in
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MC-838
1 his or her charge by the Mayor and Common Council, and in
2 connection therewith, shall report to the Mayor and Common Council
3 from time to time the status and enforcement of the Mayor and
4 Common Council's policies, rules and regulations. The
5 Administrative Officer shall:
6 A. Attend all meetings of the Mayor and Common Council
7 except when excused therefrom, and advise and make recommendations
8 to the Mayor and Common Council upon matters which are brought
9 before them and which are wi thin his or her administrative
10 authority;
11 B. Coordinate the work of departments which are under the
12 direct jurisdiction or fiscal control of the Mayor and Common
13 Council; in this connection, the Administrative Officer may
14 request periodic submission of organizational charts and
15 departmental activity reports; inform departments on actions,
16 decisions and policies of the Mayor and Common Council affecting
17 department operations;
18 C. Subject to rules, regulations and ordinances of the
19 Mayor and Common Council, cause to be prepared and submitted
20 requests for the creation of new positions and capital outlay
21 items; he or she may request such information, charts and
22 statistics as may be necessary for his or her recommendations;
23 D. Assist the City Clerk in coordinating the preparation
24 of the annual City budget; in the performance of this duty, the
25 Administrative Officer shall review departmental and agency
26 requests and items in the proposed budget, including revenues,
27 expendi tures and reserves; he or she shall submit his or her
28 recommendation on the proposed budget to the Mayor and Common
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MC-838
Council;
E. Review departmental requests for adjustments and
transfers of budget funds and make recommendations concerning them
to the Mayor and Common Council.
F. Recommend to the Mayor and Common Council adjustments
between accounts of the maintenance and operation' and capital
outlay appropriations of individual City departments, provided
that such adjustments do not increase the totals of the amounts
budgeted for such categories of expenditures;
G. Maintain continuous research into administrative
practices, study and make recommendations to the Mayor and Common
Council concerning such changes or modification as will improve
the efficiency and economy of City governmental operations;
H. Coordinate the City insurance policies and make
recommendations concerning the recovery of any claims against such
policies;
I. In cooperation with City departments, recommend
development of work measurement, process organization and
procedures programs and operating manuals to the Mayor and Common
Council;
J. Promote proper preparation and dissemination of
periodic reports and informative pamphlets or brochures;
K. Recommend to the Mayor and Common Council the adoption
of new and revised orders and resolutions when in his or her
judgment such action will promote improved City services and
operations and are in the public interest;
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MC-838
L. Make such other, studies and surveys and perform such
other ministerial duties as may be ordered by the Mayor and Common
Council.
2.02.070 Request from others to provide information or
assistance.
The Administrative Officer may request any officer, or head
of any department, under the control or jurisdiction of the Mayor
and Common Council to provide information and to assist in
carrying out the pOlicies and orders of the Mayor and Common
Council and the ministerial duties herein vested in the
Administrative Officer.
2.02.080 Intent of Chapter.
No provision of this chapter is intended to vest in the
Administrative Officer any duties or grant to him or her any
authority which is vested by general law or by the Charter of the
Ci ty in the Mayor and Common Councilor in any other City
department, officer, board, commission or employee.
2.02.090 Authority to file and prosecute small claims.
The City Administrator or his or her designated
representative is authorized to file and prosecute actions on
behalf of the City in the small claims courts of the state. With
the written consent of the City Attorney, the City Administrator
or his or her designated representative is authorized to reduce
the claim of the City by an amount not in excess of five hundred
dollars, in order to bring the claim within the jurisdictional
maximum amount of a small claims court."
SECTION 2. Urgency. In light of the vote of the electorate
at the election held on June 2, 1992, rejecting Charter Amendment
DAB/ses/CityAdm2.ord 5 June 4, 1992
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MC-838 .
A, which would have given Charter authority for the office of City
Administrator, it is essential that the current ordinance be
revised to bring it into conformance with law lest any actions of
the City Administrator on behalf of the City be questioned. A
delay would heighten the risk of such a challenge. This ordinance
is essential for the public health and safety in order to provide
for the ongoing function of City government.
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MC-838
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2.02 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFICE
2 OF THE CITY ADMINISTRATOR, AND DECLARING THE URGENCY THEREOF.
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at an adiourned regulameeting thereof, held on the 8th
The foregoing
~K(lAAd /~
~ Ctty C;lerk..,^A^J:_ '~
'Pan['/./'vtlA rLe?Uf'/ tU) "
or nance is hereby approved hi y~ day
of
fl~/
[lJiJ (1- -"
Ralph-Hernandez, Mayor Pro Tem .~
City of San Bernardin~
,,"--. .-
, 1992.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
?f _0 t e==<~
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