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HomeMy WebLinkAboutS01-Council Office 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 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 o o 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- DAB/oeo/CityAdm2.ord 1 June t. 1992 1 2 3 of 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2! 25 26 27 28 o o 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 .. . ~ . " 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 OAB/ees/CltyAdm2.ord 2 June .. 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 ii o o 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; .. ~ .. . . c_ .., 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 DAB/aea/CityAdm2.ord 3 June 4. 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 .1 o o 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 . , " 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; III III DAB/8.8/C1tyAdM2.ord 4 June 4. 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 " o o 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 8 9 10 11 12 13 14 15 16 Ii 18 19 20 21 22 23 24 25 26 27 28 o o 1 2 3 4 5 6 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. - I III III III III III III III III III III III III III III III III III III III III III ....4 . DAB/aea/CityAdm2.ord 6 .1une 4. 1992 9 REILLY 10 HERNANDEZ 11 MAUDSLEY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 2 3 4 5 6 7 8 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 DAB/.../CityAdm2.ord 7 June .c. 1992 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- o o 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. DAB/ses/CityAdmi.ord 1 June 4. 1992 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - o o 1 2 3 4 5 6 I 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 DAB/ses/CityAdmi.ord 2 June .c. 1992 o o 1 2 3 4 unicipal departments and officials 2.02.060 Duties - Report to Mayor and Common Council. Under the supervision of the Mayor and Common Council and 5 subject to the approval and direction and control thereof, the Administrative Officer shall be responsible for the performance of 6 - , 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 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 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 DAB/ses/CityAdmi.ord 3 June 4. 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 . o o 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 DAB/ses/CityAdmi.ord 4 June 4. 1992 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 2 3 4 5 6 ~. 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 DAB/ses/CityAdmi.ord 5 June 4. 1992 18 19 20 21 22 23 24 25 26 27 28 o o 1 Ci ty in the Mayor and Common Councilor in any other City 2 department, officer, board, commission or employee. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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. III III III III III III III III DAB/ses/CityAdml.ord 6 June ... 1992 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 o o 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 25 26 By: 27 28 DAB/ses/CityAdmi.ord 7 June 4. 1992