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HomeMy WebLinkAbout28- Council Office CITY OF SAN BERR' lRDINO - REQUEST F')R COUNCIL ACTION F--m: Councilman Ralph Hernandez Subject: Ordinance amending Chapter 2. 02 Third Ward of the Municipal Code relating to the Office of the City Administrat( L_',t: Date: March 1 , 1995 Synopsis of Previous Council action: 6/11/92 -- MC 839 adopted. Recommended motion: That further reading of the ordinance be waived, and it be laid over for final adoption. Signature Contact person: Ralph Hernandez Phone: 5333 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct No.) (Acct Description) Finance: 3uncil Notes: r 75.0262 Agenda Item No._ STAFF REPORT Kay and Stevens outlined five remedial actions that needed to be taken by the Council. One of the actions was to reconsider action on Council Urgency Ordinance MC-839 regarding duties and responsibilities of the City Administrator. ORDINANCE NO. 1 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3 2.02 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFICE OF THE CITY ADMINISTRATOR, AND REPEALING MC-839. 4 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 SECTION 1. Chapter 2.02 of the San Bernardino Municipal Code is hereby amended 7 to read follows: 8 9 2.02.010 Position created. 10 There is created the position of Administrative Officer to the Mayor and Common 11 Council, which position shall be designated as City Administrator. Any and all references to 12 the Administrative Officer in any ordinances, resolutions and documents of the City shall refer 13 to and mean the City Administrator. 14 2.02.020 Selection - Experience requirements. 15 16 The Administrative Officer shall be chosen on the basis of administrative and executive 17 ability. He/she shall have at least five years of experience in responsible executive or 18 administrative positions and shall possess the ability to plan and execute the policies and 19 programs of the Mayor and Common Council, including budgeting, budgetary control and the 20 coordination of various City activities. He/she shall devote his/her entire time to the duties of 21 his or her office and shall not engage in any other business or occupation. 22 23 2.02.030 Appointment - Discharge - Notice of resignation. 24 The Administrative Officer shall be appointed by the Mayor with the approval of the 25 Common Council. He/she may be discharged by the Mayor with the approval of a vote of five- 26 sevenths of the Common Council for the good of the service and the Mayor may terminate the 27 City Administrator for dereliction, neglect or non-performance of duty. Administrative Officer 28 1 1 shall give the Mayor and Common Council not less than thirty days' written notice of his or her 2 intent to resign. 3 2.02.040 Salary and benefits. 4 The salary of the Administrative Officer shall be fixed annually by the Mayor and 5 Common Council and it shall be paid in the same manner as the salaries of other City 6 employees. He or she is granted and is entitled to all of the benefits conferred upon City 7 8 employees relating to sick leave, vacation leave, holidays, medical and hospital insurance, 9 worker's compensation and travel expense, and by the State Public Employee's Retirement 10 System. 11 2.02.050 Duties - Assistants. 12 Various positions shall be created by the Mayor and Common Council in order to assist 13 the City Administrator in the performance of his or her duties, and the City Administrator may 14 assign the performance of any of the duties prescribed in this chapter to his or her assistants. 15 16 In addition to the duties expressly enumerated herein, the City Administrator shall manage and 17 supervise all operations related to data processing and similar functions in order to centralize and 18 coordinate the compilation and distribution of information for the various municipal departments 19 and officials. 20 2.02.060 Duties - Report to Mayor and Common Council. 21 Under the supervision of the Mayor and Common Council, and subject to the approval 22 23 and direction and control thereof, the Administrative Officer shall be responsible for the 24 performance of such duties and ministerial functions as may be placed in his or her charge by 25 the Mayor and Common Council, and in connection therewith, shall report to the Mayor and 26 Common Council from time to time the status and enforcement of the Mayor and Common 27 Council's policies, rules and regulations, and in this connection, shall supervise and direct the 28 2 activities of financing, purchasing and personnel. The Administrative Officer shall: 1 2 A. Attend all meetings of the Mayor and Common Council except when excused 3 therefrom, and advise and make recommendations to the Mayor and Common 4 Council upon matters which are brought before them and which are within his/her 5 administrative authority; 6 B. Coordinate the work of departments and agencies which are under the direct 7 jurisdiction or fiscal control of the Mayor and Common Council; in this 8 9 connection, the Administrative Officer may require periodic submission of 10 organizational charts and departmental activity reports; inform departments on 11 actions, decisions and policies of the Mayor and Common Council affecting 12 department operations; 13 C. Subject to rules, regulations and ordinances of the Mayor and Common Council, 14 cause to be prepared and submitted requests for the creation of new positions and 15 capital outlay items; he/she may request such information, charts and statistics as 16 17 may be necessary for his/her recommendations; 18 D. Supervise in connection with the finance officer and the City Clerk, the 19 preparation of the annual City budget; in the performance of this duty, the 20 Administrative Officer shall review all departmental and agency requests and all 21 items in the proposed budget, including revenues, expenditures and reserves; 22 he/she shall submit his/her recommendations on the proposed budget to the Mayor 23 24 and Common Council; 25 E. Review all departmental and agency requests for adjustments and transfers of 26 budget funds and make recommendations concerning them to the Mayor and 27 Common Council; 28 3 F. On behalf of the Mayor and Common Council, recommend adjustments between 1 2 accounts of the maintenance and operation and capital outlay appropriations of 3 individual City departments and agencies, provided that such adjustments do not 4 increase the totals of the amounts budgeted for such categories of expenditures; 5 G. Exercise general supervision over the public buildings of the City with the 6 exception of those under the jurisdiction of the municipal water department and 7 8 the free public library board; 9 H. Maintain continuous research into administrative practices, study and make 10 recommendations to the Mayor and Common Council concerning such changes 11 or modifications as will improve the efficiency and economy of City 12 governmental operations; 13 1. Be responsible for the City insurance policies and supervise their recovery of any 14 15 claims against such policies; 16 J. In cooperation with City departments and agencies, develop work measurement, 17 process organization and procedures programs and operating manuals; 18 K. Promote proper preparation and dissemination of periodic reports and informative 19 pamphlets or brochures; 20 L. Recommend to the Mayor and Common Council the adoption of new and revised 21 22 orders and resolutions when in his/her judgment, such action will promote 23 improved City services and operations and are in the public interest; 24 M. Make such other investigations, studies and surveys and perform such other duties 25 as may be ordered by the Mayor and Common Council or as deemed necessary. 26 2.02.070 Request from others to provide information or assistance. 27 The Administrative Officer may call upon any officer, or head of any department, 28 4 institution or district under the control or jurisdiction of the Mayor and Common Council to 1 2 provide information and to assist in carrying out the policies and orders of the Mayor and 3 Common Council and the duties herein vested in the administrative office. 4 2.02.080 Intent of chapter. 5 No provision of this chapter is intended to vest in the Administrative Officer any duties 6 or grant to him/her any authority which is vested by general law or by the Charter of City in 7 8 the Mayor and Common Council or in any other City department, officer, board, commission 9 or employee. 10 2.02.090 Authority to file and prosecute small claims. 11 The City Administrator or his/her designated representative is authorized to file and 12 prosecute actions on behalf of the City in the small claims courts of the state. With the written 13 consent of the City Attorney, the City Administrator or his/her designated representative is 14 authorized to reduce the claim of the City by an amount not in excess of five hundred dollars, 15 16 in order to bring the claim within the jurisdictional maximum amount of a small claims court. 17 18 19 20 21 22 23 24 2,5 26 27 28 5 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 1 2.02 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFICE OF 2 THE CITY ADMINISTRATOR, AND REPEALING MC-839. 3 1 HEREBY CERTIFY that the following ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 4 day of 1995, by the following vote, to wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM 13 MILLER 14 15 16 City Clerk 17 18 The foregoing resolution is hereby approved this day of , 1995. 19 20 21 Tom Minor, Mayor City of San Bernardino 22 23 Approved as to for and legal content: 24 JAMES F. PENMAN, 25 26 BY: 27 28 6