HomeMy WebLinkAbout27- Council Office CITY OF SAN BERK RDINO - REQUEST F -)R COUNCIL ACTION
F i: Councilman Ralph Hernandez Subject: Ordinance amending Chapter 2 . 02
Third ward of the Municipal Code relating to
Ly,,c the Office of the City Administrator
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:
ncil Notes:
j�
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.
I ORDINANCE NO.
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
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 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
I 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
connection, the Administrative Officer may require periodic submission of
9
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
i7 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
and Common Council;
24
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
1 F. On behalf of the Mayor and Common Council, recommend adjustments between
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 I. Be responsible for the City insurance policies and supervise their recovery of any
14
claims against such policies;
15
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
the Mayor and Common Council or in any other City department, officer, board, commission
8
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
25
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 I 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
1 ORDINANCE NO. MC-839
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2.02 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFICE
3 OF THE CITY ADMINISTRATOR, AND DECLARING THE URGENCY THEREOF.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
SECTION 1. Chapter 2.02 of the San Bernardino Municipal
6
Code is hereby amended to read as follows:
7
2.02.010 Position created.
8
There is created the position of Administrative Officer to
9
the Mayor and Common Council, which position shall be designated
10 as City Administrator. Any and all references to the
11 Administrative Officer in any ordinances, resolutions and
12 documents of the City shall refer to and mean the City
13 Administrator.
14 2,02.020 Selection - Experience requirements.
15 The Administrative Officer shall be chosen on the basis of
16 administrative and executive ability. He or she shall have at
17 least five years of experience in responsible executive or
18 administrative
positions and shall possess the ability to
19 formulate, plan, implement and make recommendations regarding the
20 policies and programs of the Mayor and Common Council, including
21 the budget, budget monitoring and the coordination and
22 implementation of various City activities. He or she shall devote
23 his or her entire time to the duties of his or her office and
24 shall not engage in any other business or occupation.
25 2.02.030 Appointment - Discharge - Notice of resignation.
26 The Administrative Officer shall be appointed by the Mayor
27 with the approval of the Common Council. He or she may be
28
DAB/sez/CityAdm3.0rd 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
28
DAB/eez/CityAdm3.ord 2 June 10, 1992
MC-839 i
1 2.02.060 Duties - Report to Mayor and Common Council.
2 Under the supervision of the Mayor, and subject 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 upon 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
2a 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, regulations 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/sex/CityAdm3.ord 3 June 10. 1992
NC-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 departments, 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 recommendations 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 ///
DAB/ses/CityAdm3.ord 4 June 10. 1992
MC-839
1 I. Coordinate and implement the City insurance policies
2 and make recommendations concerning the recovery of any claims
3 against such policies;
4 J. In cooperation with City departments and agency(s),
5 recommend and review development of work measurement, process
6 organization and procedures programs and operating manuals to the
7 Mayor and Common Council;
8 K. Promote proper preparation and dissemination of
9 periodic reports and informative pamphlets or brochures;
10 L. Recommend to the Mayor and Common Council the adoption
11 of new and revised orders and resolutions when in his or her
12 judgment such action will promote improved City services and
13 operations and are in the public interest;
14 M. Make such other reviews, evaluations, studies and
15 surveys and perform such other ministerial duties as he or she may
16 recommend to the Mayor and Common Cc►:tncil and/or as are ordered by
17 the Mayor and Common Council.
18 2.02.070 Request from others to provide information or
19 assistance.
20 The Administrative Officer may request any officer, or head
21 of any department and agency(s), under the control or jurisdiction
22 of the Mayor and Common Council, to provide information and to
23 assist in carrying out the policies and orders of the Mayor and
24 Common Council and the ministerial duties herein vested in the
25 Administrative Officer.
26 2.02.080 Intent of Chapter.
27 No provision of this chapter is intended to vest in the
28 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 City in the Mayor and Common Council or 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 bring 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
25
26
27
28
DAB/ses/CityAdm3.ord 6 Juno 10. 1992
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 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 an adjourned regular Meeting thereof, held on the 11th
7 day of June 1992, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA x
10 REILLY x
11 HERNANDEZ x
12 MAUDSLEY x
13 MINOR x
14 POPE-LUDLAM x
15 MILLER x
16
17
City Merk
18 The foregoing ordinance is hereby approved this P.M day
19 1992.
of June ,
20 IAJ
21
ph. Her ez, lRayo ro
22 City of San Bern ciino
23 Approved as to form
and legal content:
24 JAMES F. PENMAN,
25 City Attorney
26
28
DAB/ses/CitpAdm3.ord 7 June 10, 1992