CITY OF CLEARLAKE
ORDINANCE NO. 153-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE
REPEALING SECTION 2-3 OF CHAPTER 2 OF THE
CITY OF CLEARLAKE MUNICIPAL CODE AND
RE-ENACTING SECTION 2-3 OF CHAPTER
REGARDING THE POSITION OF CITY MANAGER
THE CITY COUNCIL OF THE CITY OF CLEARLAKE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 2.3 of Chapter 2 of the Clearlake Municipal Code is hereby repealed.
Section 2. Section 2.3 of Chapter 2 is hereby added to the Clearlake Municipal Code to read as follows:
Chapter 2, Section 2-3 CITY MANAGER
2-3.1 Position Created. The office of the City Manager is created and established. The City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office at the pleasure of the City Council.
2-3.2 References to Administrator. Whenever the words “Administrator” or “City Administrator” appear in existing ordinances, they shall be deemed to mean and refer to the City Manager, and all ordinances not expressly repealed by this ordinance and not inconsistent with the provisions of this ordinance, referring to or respecting the rights, duties, powers and obligations of the Administrator, are continued in full force and effect. In instances where ordinances not expressly repealed by this ordinance are inconsistent with the provisions of this ordinance, this ordinance shall prevail.
2-3.3 Eligibility. No person elected as a member of the City Council of the City of Clearlake shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such City Council member shall have ceased to be a member of the City Council.
2.3.4 Residence. Residence in the City at the time of appointment of a City Manager shall be required as a condition of employment.
2-3.5 Compensation. The City Manager shall receive such salary and benefits as set forth in an employment agreement between the City and City Manager.
2-3.6 Expense Allowance. The City Manager shall be reimbursed for all actual and necessary expenses incurred when traveling on business pertaining to the City as set forth in an employment agreement.
2-3.7 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 chapter, by law or by direction of the City Council. The City Manager shall be responsible for the efficient administration of all of the affairs of the City that are under his or her control. In addition to the general powers as administrative head, the City Manager shall have the following specific duties, responsibilities and powers:
A. To enforce 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. To control, order and give directions to all department heads and to subordinate officers and employees of the City under his or her jurisdiction through their department heads;
C. To appoint, promote, demote and remove all officers and employees of the City, excepting elective officers and the City Attorney;
D. To establish an organizational structure of offices, departments, positions and units within the City as may be indicated in the interest of efficient, effective and economical conduct of the City’s business;
E. To recommend to the City Council the adoption of such ordinances and resolutions as deemed necessary or appropriate;
F. To attend all meetings of the City Council or provide for a designated representative;
G. To prepare and submit the proposed annual budget to the City Council for its approval;
H. To be responsible for purchasing pursuant to the provisions of Chapter 3-4 of the Clearlake Municipal Code for all the departments of the City;
I. To approve agreements for contractual services in accordance with administrative policies adopted by the City Council, or as defined in the Clearlake Municipal Code and which shall, among other things, establish the maximum compensation that may be provided for in an such agreement;
J. To investigate, when necessary, the affairs of the City and any department or division thereof and any contract obligation 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.
K. To exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the City Council;
L. To perform such other duties and exercise such other powers as may be delegated to the City Manager from time to time by ordinance or resolution or other official action of the City Council.
2-3.8 Relations with City Council. The City Council and its members shall deal with the administrative services of the City only through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager, except that this limitation and prohibition does not apply to the City Council’s relations with the City Attorney. No individual Councilmember shall give any orders or instructions to the City Manager. The City Council shall instruct the City Manager in matters of policy. Any action, determination or omission of the City Manager shall be subject to review by the City Council.
2-3.9 Department Cooperation. It shall be the duty of all subordinate officers and the City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously.
2-3.10 Attendance at Commission Meetings. In the absence of a Planning Director, the City Manager shall attend any and all meetings of the Planning Commission, and may attend any other commission, board or committee created by the City Council upon his or her own volition or upon direction of the City Council. If the position of Planning Director is filled, the City Manager may attend any and all meetings of the Planning Commission. At such meetings which the City Manager attends, he or she shall be heard by such commission, board or committee as to all matters upon which he or she wishes to address the members thereof. The city Manager shall inform such members as to the status of any matter being considered by the City Council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.
2-3.11 Exemption from Personnel Rules. The City Manager is exempt from the city’s Personnel Rules, as he/she is employed at the pleasure of the City Council. In addition, there is no right to appeal any disciplinary action imposed by the City Council
2-3.12 Removal. The City Manager may be removed from his or her position in accordance with this section.
A. The City Manager shall at all time serve at the pleasure of the city Council and, subject to the provisions below, may be removed form office at any time with a three-fifths vote of the City Council, with or without cause.
B. The removal of the City Manager shall be effected only by the City Council and shall be done in accordance with all applicable laws and ordinances and in compliance with the City Manager’s employment agreement.
C. The City Manager shall not be removed from office, nor shall notice of removal be determined, during or within a period of ninety days next succeeding any municipal election held in the City at which a member of the City Council is elected. The purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manger in the performance of the office of City Manager.
2-3.13 Agreement with Council Not Limited. Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any agreement with the City Manager delineating additional terms and conditions of employment. The terms and conditions of any employment agreement may be inconsistent with, and supersede, this chapter only if expressly provided for in the agreement.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that nay one or more sections, subsections, phrases or clauses be declared unconstitutional on their face or as applied.
Section 4. Effective date. The effective date of this Ordinance is thirty (30) days after its adoption by the City Council.
Introduced and read at a regular meeting of the City Council of the City of Clearlake on the 28th day of June, 2012 and adopted at a regular meeting therefore held on the 12th day of July, 2012.
AYES: Mayor Luiz, Vice Mayor Spittler, Council Members Overton, Thein, and Giambruno
ABSENT OR NOT VOTING: None
Joey Luiz, Mayor