HomeMy WebLinkAboutCharter Implementation.Attach 3.Ordinance.City ManagerORDINANCE NO. _______
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 Chapter 2.02 of the San Bernardino Municipal Code is hereby repealed in its entirety and replaced as follows: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.
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:
Determine the items and order of such items on the City Council’s meeting agendas, subject to direction from the City Council; and
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
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
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
supersede the authority of the Personnel Commission in the matter of disciplinary appeals; and
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
Investigate as necessary all complaints and other matters concerning the administration of the City government; and
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
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
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
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
Oversee and supervise the staff providing services to the Mayor and City Council; and
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; and
Make such administrative rules and regulations as the City Manager deems necessary for the orderly administration of the various departments of the City.
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.
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 provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by
any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision,
clause or application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) 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.
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 _______________________ meeting thereof, held on the
_____ day of ______________, 2017, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of __________________, 2017.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: ____________________