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CITY OF SAN BERtSilRDINO - REQUEST ~R COUNCIL ACTION
From: Councilwoman Esther R. Estrada
First Ward
Dept: Council Office
Subject: Ordinance of the City of San
Bernardino Amending Chapter 2.02
of the SBMC Relating to the Office
of the City Administrator and
Declaring the Urgency Thereof
Date: June 4, 1992
Synopsis of Previous Council action:
Chapter 2.02 creating the position of Administrative Officer
to the Mayor and Common Council was last amended in 1979.
Recommended motion:
For discussion and possible action.
Q ~~:
Sign~
Contact person:
Phil A. Arvizo
Phone:
5208
Supporting data attached:
yes
Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
7~0262
Agenda Item NO~
CITY OF SAN BER~RDINO - REQUEST OlR COUNCIL ACTION
From:
JAMES F. PENMAN
CITY ATTORNEY
JUNE 4, 1992
Subject: AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING CHAPTER 2.02 OF
THE SBMC RELATING TO THE OFFICE OF
THE CITY ADMINISTRATOR, AND DECLARIN(
THE URGENCY THEREOF.
Dept:
Date:
Synopsis of Previous Council action:
"
Chapter 2.02 creating the position of Administrative Officer to the
Mayor and Common Council was last amended in 1979.
Recommended motion:
Waive further reading and adopt the ordinance.
II. ~ .. 4
.
1
Contact person:
.
James F. Penman
Phone:
5255
1-7
Supporting data attached:
15 pages
Ward:
FUNDING REQUIREMENTS:
Amount:
-0-
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No.
CITY OF SAN BERORDINO - REQUEST Q)R COUNCIL ACTION
STAFF REPORT
At the election of June 2, 1992, the voters rejected Measure
A which would have amended the Charter of the City of San
Bernardino to direct the Council to adopt an ordinance establishing
the office of City Administrator with certain specified powers.
The election result calls into question the existing City
Administrator ordinance especially in light of City Attorney
Opinion No. 92-10, which concluded that certain provisions of the
current ordinance were illegal. The substance of that opinion was
included in the City Attorney Analysis of Charter Measure A. That
Analysis was attacked in the Superior Court by City resident Hector
O'Campo, on behalf of the Mayor, as "false and misleading." In
denying Mr. O'Campo's writ the court determined, that Mr. O'Campo's
challenge was not correct, and thus the Analysis was neither
"false" nor "misleading." The attached ordinance is presented as
an urgency ordinance to quickly make the required changes so that
actions of the City Administrator will not be challenged as arising
out of an illegal ordinance. Addi tionally, as there no longer
exists a lawful ordinance establishing the position, it is
questionable as to whether there is a legal basis to pay a salary
to any person or person( s) . serving as City Administrator or as
assistants, deputies, attaches, etc. to any such office.
This proposed ordinance would legally establish a coordinating
versus a supervising position and would be sufficient to provide
legal support to pay such salary or salaries as the Mayor and
Common Council deem appropriate.
This proposed ordinance deletes the powers in the current
ordinance that were unlawfully delegated and puts the office in
charge of coordinating various City activities. We have also
attached a copy of. the" ordinance showing the changes from the
current Chapter 2. oi. ..
It is recommended that further reading be waived and the
urgency ordinance be adopted.
75.0264
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ORDINANCE NO.
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 ye~rs .'01:' 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-
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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 ordex..~o assist the City Administrator in the
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performance of his or her duties, and the City Administrator may
assign the performance of any of the duties prescribed in this
Chapter to l:is 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 I 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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his or her charge by the Mayor and Common Council, and in
connection therewith, shall report to the Mayor and Common Council
from time to time the status and enforcement of the Mayor and
Common Council's policies, rules and regulations. The
Administrative Officer shall:
A. Attend all meetings of the Mayor and Common Council
except when excused therefrom, and advise and make recommendations
to the Mayor and Common Council upon matters which are brought
before them and which are within his or her administrative
authority;
B. Coordinate the work of departments which are under the
direct jurisdiction or fiscal control of the Mayor and Common
Council; in this connection, the Administrative Officer may
request periodic submission of organizational charts and
departmental acti,vi ty reports; inform departments on actions,
decisions and pOlicies of the Mayor and Common Council affecting
department operations;
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C. SutlJe.ct to rules, regulations and ordinances of the
Mayor and Common Council, cause to be prepared and submitted
requests for the creation of new positions and capital outlay
items; he or she may request such information, charts and
statistics as ma~ be necessary for his or her recommendations;
D. Assist the City Clerk in coordinating the preparation
of the annual City budget; in the performance of this duty, the
Administrative Officer shall review departmental and agency
requests and items in the proposed budget, including revenues,
expenditures and reserves; he or she shall submit his or her
recommendation on the proposed budget to the Mayor and Common
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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 co~g~ration with City departments, recommend
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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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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 m~nisterial 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 whicn is vested by general law or by the Charter of the
City in the Mayor and Common, Councilor in any other City
department, officer, board, commission or employee.
....4
. ... .
2.02.090 'Authority to file .md 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 cons~nt 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
OAB/ses/CityAdm2.ord 5 ,June 4. 1992
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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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.1une 4. 1992
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
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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.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor- and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1992, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
MINOR
POPE-LUDLAM
MILLER
City Clerk
.. ~ .. 4
The for~o~ng ordinance is hereby approved this
day
of
, 1992.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to fQrm
and legal content:
JAMES F. PENMAN,
City Attorney
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1 PROPOSED CHANGES FROM THE CURRENT CITY ADMINISTRATOR ORDINANCE
2
~
ADDITIONS
3 ORDINANCE NO.
4 AN ORDINANCE OF .THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2.02 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFICE
5 OF THE CITY ADMINISTRATOR, AND DECLARING THE URGENCY THEREOF.
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
i
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 ~~e City shall refer to and mean the City
Administrator.
2.02.020 Selection - Experience requirements.
.-.1
The Admini~rative 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
administrati~e positions and shall possess the ability to ~
~ coordinate and make .recommendations regarding the pOlicies
and programs of the Mayor and Common Council, includi~g budget~
and the coordination of various City activities.
budgetary control
tenure of office.
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.
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2.02.030 Appointment - Discharge - Notice of resignation.
The Administrative Officer shall be appointed by the Mayor
with'tEe approval of the Common Council
He or she may be discharged by
the Mayor with the approval of a vote of five-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, medica,],.. ~nd 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 ord~r 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 Administrator shall ~
coordinate all operations related to data processing
and similar functions
and serve at the pleasure
f the Mayor and Common Council
orkmen's
and supervise
in order to centralize and coordinate the
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unicipal departments and officials
2.02.060 Duties - Report to Mayor and Common Council.
Under the supervision of the Mayor
and Common Council
and
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subject to the approval and direction and control thereof, the
Administrative Officer shall be responsible for the performance of
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such ministerial duties and ministerial functions as may be placed
8 in his or her charge by the Mayor and Common Council, and in
9 connection therewith, shall report to the Mayor and Common Council
10 from time to time the status and enforcement of the Mayor and
11 Common Council's policies, rules and regulations
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and in this
connection, shall supervise and direct the activities of
financing, purchasing and personnel
The Administrative Officer
shall:
A.
Attend, all meetings of the Mayor and Common Council
except when excused therefrom, and advise and make recommendations
to the Mayor an~.kqmmOn Council upon matters which are brought
before them
, "
and which
administrative
are wi thin his or her
authority;
B.
Coordinate the work of departments ~'l."l.hllT~I('*I which
are under the direct jurisdiction or fiscal control of the Mayor
and Common CounciJ; in this connection, the Administrative Officer
may ~ request periodic submission of organizational charts
and departmental activity reports; inform departments on actions,
decisions and policies of the Mayor and Common Council affecting
department operations;
C.
Subject to rules, regulations and ordinances of the
Mayor and Common Council, cause to be prepared and submitted
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requests for the creation of new positions and capital outlay
items; he or she may request such information, charts and
statistics as may be necessary for his or her recommendations;
D.
Supervise in cooperation with the finance officer the
Assist the City Clerk in coordinating the preparation of the
annual City budget; in the performance of this duty, the
Administrative Officer shall review moo departmental and agency
requests and moo items in the proposed budget, including revenues,
expendi tures and reserves; he or she shall submit his or her
recommendation on the proposed budget to the Mayor and Common
Council;
E. Review moo 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 ~PlJ;t"a tion and capi tal outlay appropriations of
individual Ci'ty' departments provided that such
adjustments do not increase the totals of the amounts budgeted for
such categor~es of expenditures;
and agency
and agencies
G. Exercise general supervision over the public buildings
f the city with the exception of those under jurisdiction of the
municipal water department and the free public library board;
WIG. 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;
III
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Be responsible for
Coordinate the City insurance
supervise their
pOlicies and make recommendations concerning the
recovery of any claims against such pOlicies;
!III. In cooperation with City departments
and agencies
recommend development of work measurement, process organization
and procedures programs and operating manuals to the Mayor and
7
Common Council;
~J. Promote proper preparation and dissemination of
periodic reports and informative pamphlets or brochures;
~. 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;
~L. Make such other
investig tions
studies and surveys and
perform such othe~ ministerial duties as may be ordered by the
Mayor and Common Council
or as deemed necessary
2.02. 070 ~eqlt6st from othe~ s to provide information or
assistance.
The Administrative Officer may
call upon
request any
officer, or ~ead of any department, under
the control or jurisdiction of the Mayor and Common Council to
provide informat~on and to assist in carrying out the'policies and
institution or district
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
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1 Ci ty in the Mayor and Common Councilor in any other City
2 department, officer, board, commission or employee.
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2.02.090 Authority to file and prosecute small claims.
The
City
Administrator
his
or her
or
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 r~~resentative 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
A, which would have given Charter authority for the office of City
Administrator, it is essential that the current prdinance be
revised to bring it into conformance with law lest any actions of
17
the City Adminis!~9tor 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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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
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 a
meeting thereof, held on the
I
day of
1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
....,
, .
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1992.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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DAB/ses/CityAdmi.ord
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June 4. 1992