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ORDINANCE NO. MC-839
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, whicr. 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
formulate, plan, implement and make recommendations regarding the
policies and programs of the Mayor and Common Council, including
the budget,
budget moni toring and the coordination and
implementation 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 busil'8sS 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
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June 10. 1992
MC-839
1 discharged by the Mayor with the approval of a vote of five-
2 sevenths of the Common Council for the good of the service and the
3 Mayor may terminate the City Administrator for dereliction,
4 neglect or non-performance of duty. The Administrative Officer
5 shall give the Mayor and Common Council not less than thirty days'
6 written notice of his or her intent to resign.
7 2.02.040 Salary and benefits.
8 The salary of the Administrative Officer shall be fixed
9 annually by the Mayor and Common Council and it shall be paid in
10 the same manner as the salaries of other City employees. He or
11 she is granted and is entitled to all of the benefits conferred
12 upon City employees relating to sick leave, vacation leave,
13 holidays, medical and hospital insurance, workers' 'compensation
14 and travel expense, and by the Public Employees' Retirement
15 System.
16 2.02.050 Duties - Assistants.
17 Various positions shall be created by the Mayor and Common
18 Council in order to assist the City Administrator in the
19 performance of his or her duties, and the City Administrator may
20 assign the performance of any of the duties prescribed in this
21 chapter to his or her assistants. In addition to the duties
22 expressly enumerated herein, the City Administrator shall
23 coordinate and implement all operations related to the City's
24 central data processing and similar functions, including the
25 compilation and distribution of information for the various
26 municipal departments and officials.
27 I I I
28 III
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MC-839
1 2.02.060 Duties - Report to Mayor and Common Council.
2 Under the supervision of the Mayor, and sUQj ect to the
3 approval and direction and control thereof, the Administrative
4 Officer shall be responsible for the performance of such
5 ministerial duties and ministerial functions as may be placed in
6 his or her charge by the Mayor and Common Council, and in
7 connection therewith, shall report to the Mayor and Common Council
8 from time to time the status and enforcement of the Mayor and
9 Common Council's policies, rules and regulations and accordingly,
10 shall coordinate and monitor the activities of financing,
11 purchasing and personnel. The Administrative Officer shall:
12 A. Attend all meetings of the Mayor and Common Council
13 except when excused therefrom, and advise and make recommendations
14 to the Mayor and Common Council U1'0n matters which are brought
15 before them and which are within his or her administrative
16 authority;
17 B. Coordinate with the work of departments and agency(s)
18 which are under the direct jurisdiction or fiscal control of the
19 Mayor and Common Council; in this connection, the Administrative
20 Officer may coordinate periodic submission of organizational
21 charts and departmental activity reports; inform departments on
22 actions, decisions and policies of the Mayor and Common Council
23 affecting department operations;
24 C. Subject to rules, regul3tions and ordinances of the
25 Mayor and Common Council, cause to be prepared and submitted
26 requests for the creation of new positions and capital outlay
27 items; he or she may request and/or coordinate such information,
28 charts and statistics as may be necessary for his or her
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1 recommendations;
2 D. In cooperation with the various departments and
3 agency(s) assist the City Clerk in coordinating the preparation of
4 the annual City budget; in the performance of this duty, the
5 Administrative Officer shall review the departmental and agency(s)
6 requests and the various items in the proposed budget, including
7 revenues, expenditures and reserves; he or she shall submit his or
8 her recommendation on the proposed budget to the Mayor and Common
9 Council;
10 E. Review the departmental and agency(s) requests for
11 adjustments and transfers of budget funds and make recommendations
12 concerning them to the Mayor and Common Council.
13 F. Recommend to the Mayor and Common Council adjustments
14 between accounts of the maintenance and operation and capital
15 outlay appropriations of individual City depa~tments, and
16 agency(s) provided that such adjustments, without concurrence of
17 the Mayor and Common Council, do not increase the totals of the
18 amounts budgeted for such categories of expenditures;
19 G. Implement an operations program and standards of
20 maintenance for the public buildings of the City, subject to the
21 concurrence of the Mayor and Common Council, with the exception of
22 those public buildings under jurisdiction of the municipal water
23 department and the free public library board;
24 H. Maintain continuous research into administrative
25 practices, study and make recommend~tions to the Mayor and Common
26 Council concerning such changes or modification as will improve
27 the efficiency and economy of City governmental operations;
28 III
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MC-839
I. Coordinate and implement the City insurance policies
and make recommendations concerning the recovery of any claims
against such policies;
J. In cooperation with City departments an,d agency( s),
recommend and review development of work measurement, process
organization and procedures programs and operating manuals to the
Mayor and Common Council;
K. Promote proper preparation and dissemination of
periodic reports and informative pamphlets or brochures;
L. 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;
M. Make such other reviews, evaluations, studies and
surveys and perform such other ministerial duties as he or she may
recommend to the Mayor and Common Cl'..:ncil and/or as are 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 and agency( s), 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 ministeria~ 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
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MC-839
1 authority which is vested by general law or by the Charter of the
2 Ci ty in the Mayor and Common Councilor in any other City
3 department, officer, board, commission or employee, including but
4 not limited to the Mayor's authority of general supervision.
5 2.02.090 Authority to file and prosecute small claims.
6 The City Administrator or his or her designated
7 representative is authorized to file and prosecute actions on
8 behalf of the City in the small claims courts of the state. With
9 the written consent of the City Attorney, the City Administrator
10 or his or her designated representative is authorized to reduce
11 the claim of the City by an amount not in excess of five hundred
12 dollars, in order to bring the claim within the jurisdictional
13 maximum amount of a small claims court."
14 SECTION 2. Urgency. In light of the vote of the electorate
15 at the election held on June 2, 1992, rejecting Charter Amendment
16 A, which would have given Charter authority for the office of City
17 Administrator, and the public controversy that has followed, it is
18 essential that the current ordinance be revised to qring it into
19 conformance with law lest any actions of the City Administrator on
20 behalf of the City be questioned. A delay would heighten the risk
21 of such a challenge. This ordinance is essential for the public
22 health and safety in order to provide for the ongoing function of
23 City government.
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MC-839
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 DEC~ARING THE URGENCY THEREOF.
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at an adjourned regulafneeting thereof, held on the 11th
(;) ~ /}~"""'__"ll:<~_
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The foregoing ordinance is hereby approved this /I~ day
of June
, 1992.
:& L ..... ~~
City of San Bern
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: 1./M1KC> 1- f/;/u-~
/J
"-./
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