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HomeMy WebLinkAboutMC-14771 2 3 4 5 6 7! 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. MC -1477 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 2.10 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO THE DEPARTMENT OF FINANCE 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 retains all existing departments and offices within the city until changed by ordinance, and established a Council/Manager form of government, assigning to the City Manager the power to establish City departments subject to approval of the City Council and prescribe their functions; and WHEREAS, the new Charter eliminates the position of City Treasurer as an elected position with the City at the end of the incumbent's current term; and WHEREAS, the City Council has taken steps to transfer the functions of the City Treasurer and the employees currently performing treasurer functions to the Department of Finance. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.10 of the San Bernardino Municipal Code — Department of Finance is hereby amended in the following respects only: Chapter 2.10 DEPARTMENT OF FINANCE Sections: 2.10.010 Created 2.10.020 Position established - Bond 2.10.030 Powers and duties 2.10.020 Position established - Bond A. The position of Director of Finance of the City is established. This position shall be in the unclassified service of the Civil Service. B. The Director of Finance shall be appointed by the City Manager. 1 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 2.10.030 Powers and duties The Director of Finance, under the supervision and direction of the City Manager, •,hall have charge of the administration of the financial affairs of the City, except for Municipal Water Department. The Director of Finance shall have the following powers and duties: A. To ensure deposit of all money received by and on behalf of the City in such depository or depositories as may be designated by the Mayor and City Council, in compliance with all the provisions of the State Constitution and laws of the State governing the handling, deposit and securing of public funds and the handling of trust funds in his possession. B. To maintain custody of money deposited in the City treasury, to invest same pursuant to the City's adopted investment policy, and to transfer money from one fund into another fund by motion and a majority vote of the City Council or by its approval of the tentative and final budgets containing fund balances for each fiscal year. C. To maintain custody of all securities bought by the City government for the account of any fund and of any unsold bonds of the City, and to make investments and keep records of those investments on behalf of the City. In the event of the sale of any bonds by the City, as provided by law, to deliver the same, and receive from the purchaser the amount of money due from such sale, and credit the same to the proper bank account in the same manner as other deposits and report such action to the legislative body and the City Manager. D. To supervise all disbursements and expenditures to assure that payment has been legally authorized and appropriated, and that sufficient unencumbered appropriations exist for the payment of all claims and expenditures. 2 1 E. To develop, supervise and maintain the general accounting system for the 2 City government. 3 F. To procure materials, supplies and general services for the City and establish 4 appropriate standards and specifications with respect to the purchase of supplies, 5 materials and equipment. 6 7 G. To regularly, at least quarterly, and at the end of each fiscal year prepare 8 and submit to the City Manager, and the Mayor and City Council, a statement and 9 report indicating the financial condition of the City, including, but not limited to, 10 receipts, disbursements, appropriations and reserves. 11 H. To establish, supervise, and maintain a system of data processing for the 12 13 handling of accounting information and other reports and tabulations required by the 14 city. 15 J. To compile the preliminary budget data, including capital and operating 16 expenditure projections, and revenue projections for the City Manager. 17 K. To prepare and maintain current inventory of all materials, supplies and 18 equipment of the City. 19 20 L. To audit or designate a representative to audit all purchase orders before 21 they become effective, and audit and approve, before payment, all bills, invoices, 22 payrolls, demands or charges against the City government, and determine the 23 regularity, correctness, and, with the advice of the City Attorney, the legality of such 24 claims, demands and charges; and to certify by attached affidavit the accuracy of the 25 26 register of audited demands, and the availability of funds for payment thereof pursuant 27 to Government Code Section 37202 before submission to the Mayor and City Council; 28 3 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 and to certify or approve demands as conforming to a budget approved by resolution pursuant to Government Code Section 37208,. M. To prescribe the forms of receipts, vouchers, bills, or claims to be used by all the agencies of the City. N. To supervise the work of preparing the City payroll and maintaining records of all payroll data; and he or she shall supervise the work for the State Employees' Retirement System in accordance with the law and administrative directors of the Retirement System. O. To perform such other duties as may be imposed by ordinance or resolution of the Mayor and City Council, or as the City Manager may direct. P. To appoint, supervise, discipline, and evaluate employees of the Department of Finance. SECTION 2. Except as modified herein, the remaining provisions of Chapter 2.10 shall continue in full force and effect. SECTION 3. 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, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each 2 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 section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. SECTION 5. PUBLICATION. This Ordinance shall take effect and be in full force thirty (3 0) 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. 111 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19i 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 2.10 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO THE DEPARTMENT OF FINANCE I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7'b day of March 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ —X BARRIOS x VALDIVIA� SHORETT y NICKEL RICHARD MULVIHILL XC 44 ABSTAIN ABSENT Georgea Hanna, CM , City Clerk. The foregoing Ordinance is hereby approved this 7th day of March 2018. } R. Carey Davis, Mayor City of San B4. ardino Approved as to form: Gary D. Saenz, City Attorney By: G