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ORD 588 ORDINANCE NO. 588 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTER 2.08 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE APPOINTMENT OF DEPARTMENT HEADS BY THE CITY MANAGER WHEREAS, the City of Rancho Palos Verdes has, since incorporation, had a City Manager system; and WHEREAS, Rancho Palos Verdes Municipal Code Section 2.08.070(C), Power of Appointment and Removal, states that the City Manager has the power to appoint, remove, promote and demote any and all officers and employees of the city, except the city attorney, subject to all applicable personnel ordinances, rules and regulations; and WHEREAS, the City Council of the City of Rancho Palos Verdes believes that it is in the City's best interest for the City Council to have the ability to give advice to the City Manager's appointment of certain management positions, including department heads, and the City Clerk, and the Assistant/Deputy City Manager. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA DOES HEREBY FIND, DETERMINE, AND ORDAIN AS FOLLOWS: Section 1: Rancho Palos Verdes Municipal Code Section 2.08.070, subsection (C) is hereby amended to read as follows: 2.08.070(C) Power of Appointment and Removal. To appoint, remove, promote and demote any and all officers and employees of the city, except the city attorney, subject to all applicable personnel ordinances, rules and regulations; and including the Council advice provisions of Section 2.08.095. Section 2: Rancho Palos Verdes Municipal Code Section 2.08.095 is hereby added to read as follows: 2.08.095 Council Advice on Appointment of Certain Managers. Without diminishing the City Manager's authority over any employees as provided in this Chapter, the City Council shall exercise an advisory function with respect to the hiring of certain management positions as specified herein. This shall apply to. the heads of all administrative departments of the City including the City Clerk and the assistant or deputy city manager, if there is one. In considering the recruitment or promotion of any person to any such position, the City Manager shall establish the process to recruit and evaluate candidates, and shall determine the top candidates for the position, and shall provide to the City Council the materials used to make such determination. The confidentiality of the materials including from the candidate's employer shall be maintained by Council members. The City Council members may evaluate the final candidates as determined by the City Manager, and shall consult and advise the City Manager as to their evaluations of the candidates. The City Manager may then select the candidate to be awarded the position. The Council may not nominate persons to such positions, nor is the Council's consent or approval required to appoint or remove a person from such position, which decision shall continue to be made by the City Manager. Section 3: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 4: The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes. Section 5: This Ordinance shall go into effect and be in full force and effect on the 31st day after its passage. PASSED, APPROVED, AND ADOPTED this 6th day of September, 2016. 410 ayo r Attest: (Pgr---* g City Clerk State of California ) County of Los Angeles ) SS City of Rancho Palos Verdes ) Ordinance No. 588 Page 2 of 3 I, Teresa Takaoka, Acting City Clerk of the City of Rancho Palos Verdes, California, do hereby certify that the foregoing Ordinance No. 588 was duly introduced at a regular meeting of the City Council held on the 16th day of August, 2016, and was duly approved and adopted at a regular meeting of said Council held on the 6th day of September, 2016, by the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None ABSTAIN: None Acting City Clerk Ordinance No. 588 Page 3 of 3 CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the Acting City Clerk of the City of Rancho Palos Verdes; That on September 8, 2016, she caused to be posted the following document entitled: ORDINANCE NO. 588, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTER 2.08 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE APPOINTMENT OF DEPARTMENT HEADS BY THE CITY MANAGER, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. C�gctinS City Clerk