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HomeMy WebLinkAboutOrd 45-87 CityMgr PositionAmendORDINANCE NO. 45-87 THE CITY COUNCIL OF THE CITY OF DUBLIN, STATE OF CALIFORNIA, DOES ORDAIN AS Section 1. POSITION EATED. The position of the City Manager of the City o'f 'bublin is hereby created and established pursuant to Government Code Section 34851. The City Manager shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications and shall hold the position at the pleasure of the City Council. Section 2. RESIDENCE. Although it is desirable that the person appointed establish residence within the City within a reasonable period of time, residency within the City shall not be a condition of employment. Section 3. BOND. The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City of Dublin. Section 4. ACTING CITY MANAGER. Within thirty (30) days after appointment, the City Manager shall recommend for Council approval one of the officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager. The approval of the City Council and the appointment by the City Council of an Acting City Manager shall be recorded in the minutes. In case of the absence or disability of the City Manager and failure to choose an Acting City Manager, the City Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence of disability of said City Manager, .subject, however, to the person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed unless the person is covered by the City's blanket bond. Section 5. COMPENSATION. The City Manager shall receive such compensation as the City Council shall from time to time determine. In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties with approval of the Council. Section 6. POWERS AND DUTIES. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this ordinance. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under the Manager's control. In addition to general powers as administrative head, and not as a limitation thereon, the City Manager shall have the duties and powers set forth in the following subsections.. A. Law Enforcement. It shall be the duty of the City Manager to enforce or cause to be enforced all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed. B. Authorit~ Over Employees. It shall be the duty of the City Manager, and the City Manager shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under the City ~nager's jurisdiction through their department heads. C. Appointment and Removal. It shall be the duty of the City Manager pursuant to Government Code Section 34856 to appoint and remove all officers and department heads including the City Clerk and the City Treasurer, but excluding the City Attorney. The City Manager shall either approve the appointment, removal, promotion or demotion of all other City employees or authorize Department Heads to appoint, remove, promote or demote in certain classes of positions subject to all applicable personnel rules and regulations which may be adopted by ordinance or resolution by the Council. D. Contracts. It shall be the duty of the City Manager to negotiate all contracts for services for which the City has a service responsibility to its residents and desires to provide such service by contract. The contract shall be approved by the City Council. After the Council approves the contract, it shall be the duty of the City Manager to administer the contract and determine that its provisions are carried out. The City Manager shall report to the Council at such times as the Council may direct on the performance of the service provider. E. Administrative Reorganization. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of services, .offices, positions or units under the City Manager's direction as may be indicated in the interest of efficient, effective and economical conduct of the City' s business. F. Ordinances. It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as deemed necessary. G. Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom by the Mayor individually or the City Council. H. Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City. -2- I. Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval. J. Expenditure Control and. P~.rchasing. It. shall be the duty of the City }~nager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or authorized representative. The City Manager, or authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City. K. Invest.igations and Cqm~laints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City. L. Public Property. It shall be the duty of the City Manager to exercise general supervision over all public property which is under the control and jurisdiction of the City Council. M. Additional Duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or other official action of the City Council. Section 7. INTERNAL B~ATIONS. A. Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual councilmember shall give any orders or instructions to the City Manager. B. ..Depar....tment Cooperation. It shall be the duty of all subordinate officers to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously. C. Attendance at Commission Meetings. The City ~3nager may attend any and all meetings of the Planning Commission and any other commissions, boards or committees created by the City Council. At such meetings, the City Manager shall be heard by such commissions, boards or committees as to all matters the City Manager wishes to address to the members thereof, and inform the members as to the status of the matter being considered by the City Council. The City Manager shall cooperate to the fullest --3-- extent with the members of all commissions, boards or committees appointed by the City Council. Section 8. AGBMEMENT ON EMPLOYMENT. Nothing in this ordinance shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of the ordinance. Section 9. SUPERCESSIONS OF COUNTY ORDINANCE. It is the intention of the City Council of the City Council of the City of Dublin as of the effective date of this ordinance, it shall supersede the effectiveness of any ordinance of the County of Alameda in conflict herewith, insofar as any such ordinance may have applied to the City of Dublin by reason of the adoption of Ordinance No. 1 of the City of Dublin. Section 10. EFFECTIVE DATE AND POSTING OF ORDINANCE. This ordinance shall take effect and be in force thirty (30) days fr~m and after the date of its passage. The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three (3) public, places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 28thday of September, 1987, by the following votes: Councilmembers Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: Councilmember Hegarty ABSENT: None CITY CLERK -4-