HomeMy WebLinkAboutMC-14401
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ORDINANCE NO. 1440
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 2.02 OF
THE SAN BERNARDINO MUNICIPAL CODE REGARDING THE POSITION OF
CITY MANAGER
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, the new Charter changes the City's form of government to a
Council/Manager form of Government; and
WHEREAS, existing provisions of the City's Municipal Code are inconsistent with
the new Charter and require revision.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.02 of the San Bernardino Municipal Code is hereby repealed
in its entirety and replaced as follows:
2.02.010 Position created
There is created the position of City Manager as required by Article IV of the City
Charter. Any and all references to the administrative officer or City Administrator in any
ordinances, resolutions and documents of the City shall refer to and mean the City Manager.
2.02.020 Selection and Appointment
The City Manager shall have the qualifications and shall be chosen in accordance with
Article IV, Section 400 of the City Charter by at least five affirmative votes of the Council
and Mayor. The City Manager 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 Discharge
The City Manager may be discharged by at least five affirmative votes of the Council
and Mayor as provided in Article IV, Section 400 of the City Charter.
2.02.040 Salary and benefits
The salary of the City Manager shall be fixed by the Mayor and City Council and it
shall be paid in the same manner and at the same time as the salaries of other City employees.
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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 insurance, workers' compensation and
travel expense, and by the Public Employees' Retirement System, and any other salary and/or
benefits that may be provided by resolution or pursuant to an employment agreement between
the City and the City Manager.
2.02.050 Assistants
The Mayor and City Council shall create and maintain positions within the City's
authorized classification and salary list for an Assistant City Manager and Department Heads
for each of the City's authorized departments. In order to assist the City Manager in the
performance of his or her duties, the City Manager may assign the performance of any of the
duties prescribed in this chapter to his or her assistants or department heads. The City
Manager may appoint an Assistant City Manager.
2.02.060 Duties of the City Manager
The City Manager shall perform the duties set out in Article IV, Section 401 of the
City Charter, and such other duties as may be assigned to him or her by duly adopted
ordinance. In addition to the authority and duties outlined in Article IV, Section 401 of the
City Charter, the City Manager shall:
A. Determine the items and order of such items on the City Council's meeting
agendas, subject to direction from the City Council; and
B. Confer regularly with the City Attorney on legal issues; immediately notify the
City Attorney of any important legal issues or difficulties that arise to obtain the
legal advice of the City Attorney, and carefully consider such advice, understanding
that recommendations of the City Attorney are advisory only. Neither the City
Attorney, nor employees of the Office of the City Attorney, has the authority to
issue orders to the City Manager or any of his/her subordinates; it is the
responsibility of the City Manager to ensure that all Manager -directed departments
and the employees of those departments perform all of their duties legally and that
those departments and their employees are faithful in the observance, adherence,
and enforcement of all pertinent laws, ordinances, and legal requirements in the
performance of their duties and in their official conduct;
C. Sign all contracts, deeds, and other documents on behalf of the City when
authorized to do so by the Mayor and City Council; and
D. See that all franchises, permits and privileges granted by the City, and the
provisions of all contracts to which the City is a party, are faithfully observed; and
E. Consolidate or combine duties, offices, positions, departments or units under
his direction within the limits established by the Charter, this Code, or the annual
budget; provided, however, that nothing herein contained shall be construed to
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supersede the authority of the Personnel Commission in the matter of disciplinary
appeals; and
F. Control, order and give directions to all heads of departments and to
subordinate officers and employees of the City under his or her jurisdiction through
their department heads; and
G. Investigate as necessary all complaints and other matters concerning the
administration of the City government; and
H. Close or restrict access to any and all public property owned or controlled by
the City during the pendency of any construction, repair, remedial, maintenance or
modification work on public property upon reasonable notice to the public posted at or
near the site of the proposed work; and
I. Exercise general supervision over all public buildings, public parks, and other
public property which are under the control and jurisdiction of the City Council and
not specifically delegated to a particular board or officer; and
J. Designate City officers or employees of the City to exercise the powers
authorized by Section 836.5(a) of the California Penal Code, including the issuance of
citations for violations of the provisions of the San Bernardino Municipal Code
pursuant to Sections 853.5 and 853.6 of the California Penal Code. He or she is also
responsible for general policy supervision of the public safety functions and primary
liaison between these departments and the City Council; and
K. Ensure the preparation, posting, and publication of City Council meeting
agendas and of other Commission and Committee agendas in compliance with the law,
as well as maintenance of the books and records of the City; and
L. As provided in Charter section 40 0) and section 502, provide support staff to
the Mayor and City Council and to oversee and supervise the staff providing services
to the Mayor and City Council, with due respect for the wishes and work related needs
of the Mayor and City Council; and
M. Ensure that no expenditures shall be submitted or recommended to the City
Council except on approval of the City Manager or his or her authorized
representative. The City Manager or his authorized representative shall purchase or
cause to be purchased all supplies for all departments of the city, consistent with the
terms of the City's Purchasing System set forth in Chapter 3.04 of the San Bernardino
Municipal Code, and within the spending limits imposed by the City Council by
resolution or as authorized by the City Council; and
N. Make such administrative rules and regulations as the City Manager deems
necessary for the orderly administration of the various departments of the City.
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2.02.070 Authority to file and prosecute small claims
The City Manager 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. The City
Manager or his or her designated representative is authorized to reduce the claim of the City
by an amount not in excess of the jurisdictional maximum amount of a small claims court.
2.02.080 Mayor and Council's authority over the City Manager and other City employees
Neither the Mayor nor any member of the City Council, nor any other elected City
official, nor the City Council, nor any of its committees or members shall dictate or attempt to
dictate, either directly or indirectly, the appointment of any person to office or employment by
the City Manager, or in any manner interfere with or prevent the City Manager from
exercising judgment in the appointment of officers and employees in the administrative
service. Neither the Mayor nor City Council Members shall give orders to any of the
subordinates of the City Manager, either publicly or privately, provided, however, that this
provision is not intended to interfere with the Mayor and Council's ability to interact with and
direct the staff providing services directly to the Mayor and City Council under the
supervision of the City Manager.
2.02.090 Accountability and Expectations
In order to most effectively ensure that the Council -Manager form of government
works properly, the Mayor and City Council will jointly develop clear expectations of the City
Manager and hold him/her accountable by conducting performance evaluations at least once a
year.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of
such inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
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SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (3 0) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 2.02 OF
THE SAN BERNARDINO MUNICIPAL CODE REGARDING THE POSITION OF
CITY MANAGER
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
3rd day of April 2017, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ X
VALDIVIA X(M)
SHORETT X(S)
NICKEL X
RICHARD X
MULVIHILL X
Georgeaa Hanna, C (�, City Clerk
leo
The foregoing Ordinance is hereby approved thisO215 day of 2017.
/�. (�
R. Carey Davi , Mayor
City of San mardino
Approved as to form:
Gary D. Saenz, City Attorney
By.
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