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HomeMy WebLinkAboutMC-839 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB/ses/CityAdm3.ord 1 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 DAB/ses/CityAdm3.ord 2 June 10. 1992 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 DAB/ses/CityAdm3.ord 3 June 10. 1992 MC-839 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 DAB/ses/CityAdm3.ord 4 June 10. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB/ses/CityAdm3.ord 5 June 10. 1992 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. 24 III 25 III 26 III 27 III 28 III DAB/ses/CityAdm3.ord 6 June 10. 1992 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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:<~_ ~k ~-=-rr- 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 "-./ DAB/ses/CityAdm3.ord 7 June 10. 1992