CC SR 20170321 03 - Ordinance Amending Muni Code Chapter 2.08RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/21/2017
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to introduce an ordinance amending Rancho Palos
Verdes Municipal Code Chapter 2.08 — City Manager
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. , Provide direction on the proposed revisions to
Rancho Palos Verdes Municipal Code Chapter 2.08 — City Manager.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Dave Aleshire, City Attorney
REVIEWED BY: Gabriella Yap, Deputy City Manager; -
APPROVED BY: Doug Willmore, City Managerly{
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. (page A-1)
B. Chapter 2.08 — Redlined (page B-1)
BACKGROUND AND DISCUSSION:
At the March 7, 2017, City Council, the City Council reviewed and conceptually
approved revisions to Municipal Code Chapter 2.08 (City Manager). Therefore, Staff
has prepared an ordinance (Attachment A) for introduction at tonight's meeting to codify
these revisions. For reference, a redlined version of the revisions to Chapter 2.08 is
also provided (Attachment B).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council's consideration:
Direct Staff to further revise Chapter 2.08, and agendize the revised
ordinance for re -introduction at the next City Council meeting.
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 2.08 (CITY MANAGER) OF
TITLE 2 OF THE CITY'S MUNICIPAL CODE
WHEREAS, the City Council desires to amend provisions of the Rancho Palos
Verdes Municipal Code that described the duties and responsibilities of the City
Manager, and the relationship of those duties and responsibilities to those of the City
Council; and,
WHEREAS, on March 7, 2017, the City Council reviewed and conceptually
approved miscellaneous amendments to Chapter 2.08 (City Manager) of Title 2
(Administration and Personnel) of the Rancho Palos Verdes Municipal Code; and,
WHEREAS, the City Council now desires to codify the above-mentioned
amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The facts set forth in the Recitals are true and correct, and are
incorporated herein by reference.
Section 2: Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel)
is hereby replaced in its entirety to read as follows:
2.08.010 — Office created.
The office of the city manager of the city is created and established. The city manager
shall be hired by the city council and shall hold office at the pleasure of the city council,
except as otherwise provided in this chapter.
2.08.020 — General responsibilities.
The city manager shall be the administrative head of the Rancho Palos Verdes
municipal city government under the direction of the city council except as otherwise
provided in chapter 2.08.070. The city manager shall be responsible for the efficient
management of the affairs of the city and shall ensure that the best interests of the
residents are maintained at all times.
A-1
2.08.030 — Council member eligibility.
No member of the city council shall be eligible for appointment as city manager until
two years have elapsed after such council member has ceased to be a member of the
city council.
2.08.040 — 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 prescribed
in this chapter. Any premium for such bond shall be a proper charge against the city.
2.08.050 - Acting city manager.
When the city manager will be away from the office for more than one day (temporary
illness, disability, scheduled absence, etc.), the city council shall be so notified and the
deputy city manager or other departmental director, as the city manager may designate
in writing filed with the city clerk, shall be designated and delegated "acting" city manager
authority. If the city manager fails to designate an "acting city manager," the acting
position shall be filled in this order: assistant or deputy city manager, then finance director,
unless the city council designates a qualified city administrative officer to exercise the
powers and perform the duties of manager during the temporary absence or disability.
2.08.060 — Compensation.
A. The city manager shall receive such compensation pursuant to contract or as the city
council from time to time determines by resolution, and said compensation shall be a
proper charge against such funds of the city as the city council designates.
B. In addition, the city manager shall be reimbursed for all actual and necessary
expenses incurred in the performance of their official duties, including those incurred
when traveling on business pertaining to the city and as authorized by the city council.
Reimbursement shall be made when an itemized claim, setting forth the sums
expended and reason for such business for which reimbursement is required, has
been presented to and approved by the city council or to such other officer as the city
council may designate.
2.08.070 — 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.
The city manager shall be responsible for the efficient administration of all the affairs of
the city which are under their control. In addition to his general powers as administrative
head, and not as a limitation thereon, the city manager shall have the following powers
and duties:
A. Ordinances. To enforce all laws and ordinances of the city and see that all
franchises, contracts, permits and privileges granted by the city are faithfully
observed;
A-2
B. Management Authority. To maintain management control, and provide direction
to all department heads, subordinate officers and employees of the city;
C. Power of Appointment and Removal. To appoint, remove, promote and demote
all city officers and employees, except for elected officials and the city attorney,
subject to the following, (i) compliance with applicable provisions of the
negotiated employee union collective bargaining agreement then in effect; (ii) all
applicable personnel ordinances, rules and regulations; and (iii) the council
advice provisions of Section 2.08.095;
D. Administrative Organization. To conduct studies and effect such administrative
organization or reorganization of offices, positions or units as may be indicated
in the interest of efficient, effective and economical conduct of the city's business
with concurrence of the city council;
E. Ordinances. To recommend to the city council for adoption such measures and
ordinances as deemed appropriate;
F. Council Meetings. To participate in meetings of the city council unless excused
therefrom by the mayor individually or city council as a whole, except when the
removal of the city manager is under consideration;
G. Financial Reports. To keep the city council at all times advised as to the financial
condition and needs of the city;
H. Budget. To prepare and submit the proposed balanced annual budget to the city
council for consideration and approval;
Purchasing Agent. To purchase all supplies for all the departments or divisions
of the city in accordance with Chapters 2.14 and 2.44 of the RPVMC and to
submit such purchases to the city council for approval;
Investigations and Complaints. 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; to investigate all complaints in relation
to matters concerning the administration of the city government and the service
maintained by public utilities in the city; to create processes to receive complaints
from citizens, vendors, and other aggrieved persons; to report on any
investigative activities and make recommendations to the city council. Athe city
council's discretion, the council may decide to conduct/oversee specific resident,
contractor and/or other non-employee complaints and investigations.
K. Public Buildings. To exercise general supervision over all public buildings, public
parks and all other public property which are under the control and jurisdiction of
the city council;
L. Other Duties. To perform such other duties or exercise such other powers as may
be delegated to the city manager from time to time by ordinance, resolution or
other official action of the city council.
2.08.080 — Council-manager relations.
A-3
The city council and its members shall deal with the administrative service of the city
only through the city manager, except for the purpose of inquiry, and neither the city
council nor any member thereof shall give orders to any subordinates of the city manager.
The city manager shall take his 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. However, the city council has
ultimate oversight responsibility for the overall operations of the Rancho Palos Verdes
municipal city government and may take any lawful action which shall be deemed
necessary to ensure that the city manager and the municipal organization are fulfilling
their respective responsibilities as city employees.
2.08.090 – Departmental cooperation.
The administrative heads of the divisions or departments of the city shall report to the
city manager and shall assist the city manager in administering the affairs of the city
efficiently, economically and harmoniously. They shall be at -will employees without
contracts and the terms of their employment shall be established by resolution or
ordinance of the council.
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.
2.08.100 – Attendance at commission meetings.
The city manager may attend meetings of any commission, board or committee
created by the city council, upon his own volition or upon direction of the city council. At
such meetings which the city manager attends, he shall be heard by such commissions,
boards or committees as to all matters upon which he wishes to address the members
thereof, and he shall inform said members as to the status of any matter being considered
by the city council, and he shall cooperate to the fullest extent with the members of all
commissions, boards or committees appointed by the city council.
2.08.110 – Removal—Procedure.
MA
Any city council member may request that the mayor convene a closed session
meeting to discuss the city manager's job performance which meeting shall be noticed in
accordance with state law. Should a majority of the members of the city council decide
that the city manager's job performance does not meet Council expectations, the Council
may initiate a job performance improvement plan or may terminate the city manager.
2.08.120 – Removal—Administrative leave.
After furnishing the city manager with written notice of intended removal, which need
not provide reasons therefore, the city council may remove the city manager in
accordance with Section 2.08.140 of this chapter, or suspend the city manager from duty
by placement on administrative leave, but compensation shall continue until
reinstatement or removal by a majority of the members of the council.
2.08.130 – Removal—At will employee.
The city manager is an at will employee and is subject to removal without cause. Any
rights shall be set forth in the city manager's agreement per Section 2.08.160. In
removing the city manager, the city council shall use its sole discretion and its action shall
be final.
2.08.140 – Removal—Limitation.
Notwithstanding the provisions of Sections 2.08.110 (Removal—Procedure) through
2.08.140 (Removal—Discretion of Council), the city manager shall not be removed from
office, other than for misconduct in office, during or within a period of 90 days next
succeeding any general municipal election held in the city at which election a member of
the city council is elected. The purpose of this section 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 manager in the performance of the powers and duties of his office. After the
expiration of the 90 -day period, the provisions of Sections 2.08.110 (Removal—
Procedure) through 2.08.140 (Removal—Discretion of Council) as to the removal of the
city manager shall apply and be effective.
2.08.150 – Terms of employment.
The city manager shall not accept outside employment while employed by the city.
The specific Terms and Conditions of the city manager's employment shall be
detailed in a mutually agreed upon Employee Agreement that is approved by a majority
of the city council. Any contract must contain the following:
A. The city manager is an at will employee who can be removed with or without
cause, with the grounds for cause specified in the agreement.
B. The city manager can be paid a severance payment for removal without cause
at separation not exceeding the equivalent to the monthly salary of the city
manager times the number of months remaining on the unexpired term of
contract, but not exceeding 18 months, or as otherwise provided in Government
Code Section 53260, and not including benefits.
A-5
C. Any severance payment must be contingent on waiving any claims against the
city.
D. The city manager shall be subject to periodic evaluation and review.
E. The city manager shall receive at least the same benefits as generally received
by department heads.
2.08.160 — Agreements on employment.
Nothing in this chapter shall be construed as a limitation on the power or authority of
the city council to take action or exercise its authority in accordance with Section 2.08.070,
or to enter into any supplemental agreement with the city manager delineating additional
duties, obligations, policies or terms and conditions of employment consistent with the
provisions of this chapter.
Section 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 4. Certification and Posting. 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.
M
PASSED, APPROVED AND ADOPTED this th day of 2017.
Brian Campbell, Mayor
ATTEST:
Emily Colborn, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. passed first reading on March , 2017, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
vote:
, 2017, and that the same was passed and adopted by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
A-7
Chapter 2.08 - CITY MANAGER
Sections:
2.08.010
Office created.
2.0_8.020
General responsibilities.
2.08.030
Council member eligibility.
2.08.040
Bond.
2.08.050
Acting city manager.
2.08.060
Compensation.
2.08.070
Powers and duties.
2.08.080
Council-manager relations.
2.08.090
Departmental cooperation.
2.08.095
Council advice on appointment of certain managers
2.08.100
Attendance at commission meetings.
2.08.110
Removal—Procedure.
2.08.12-30
Removal—Administrative leayeS spensien pending hearing
2.08.1340
Removal—At will employeeni__ro+inn „f G0 inni1
2.08.1460
Removal—Limitation.
2.08.1560
Terms of employment.
2.08.1760
Agreements on employment.
2.08.010 - Office created.
The office of the city manager of the city is created and established. The city
manager shall be iL[g�dappe nteG by the city council wholly On the basisof hria
admmistrative-and-executove ability and qua! t Gatinr and shall hold office atduring the
pleasure of the city council, except as otherwise provided in this chapter.
(Ord. 19 § 1 (part), 1974)
2.08.020 - General responsibilities.
The city manager shall be the administrative head of the Rancho Palos Verdes
municipal city government under the direction of the city council except as otherwise
provided in chapter 2.08.070. The city manager shall be responsible for the efficient
management of the affairs of the city and shall ensure that the best interests of the
residents are maintained at all times.
2.08.030 - Council member eligibility.
No member of the city council shall be eligible for appointment as city manager until
twoe-nf years haves elapsed after such council member has ceased to be a member of
the city council.
(Ord. 19 § 1 (part), 1974)
01203.0001/322265.70126 nnG 322265 c Page 1
B-1
9911.611 I : • 0J
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
prescribed in this chapter. Any premium for such bond shall be a proper charge against
the city.
(Ord. 19 § 1 (part), 1974)
2.08.050 - Acting city manager.
When the city manager will be away from the office for more than one day
(temporary illness, disability, scheduled absence, etc.), the city council shall be so
notified and the deputy city manager or other departmental director, as the city manager
may designate in writing filed with the city clerk, shall be designated and delegated
"acting" city manager authority. If the city manager fails to designate an "acting city
manager," the acting position shall be filled in this order: assistant or deputy city
manager, then finance director, unless the city council designates a qualified city
administrative officer to exercise the powers and perform the duties of manager during
the temgorary absence or disabilitv.ln the event that an assistant G;+„ manaa ;-
(Ord. 19 § 1 (part), 1974)
2.08.060 - Compensation.
A. The city manager shall receive such compensation pursuant to contract or as the
city council from time to time determines by resolution, and said compensation shall
be a proper charge against such funds of the city as the city council designates.
B. In addition, the city manager shall be reimbursed for all actual and necessary
expenses incurred in the performance of 'heirtis official duties, including
those incurred when traveling on business pertaining to the city and as authorized
b the he cit cY oun(. . Reimbursement shall en4y be made, her, when an
itemized claim, setting forth the sums expended and reasc for such business for
which reimbursement is required, has been presented to and approved by the city
council or to such other officer as the city council may designate.-oho-n-cfi
01203.0001/322265.70126 nnG 322265 c Page 2
B-2
(Ord. 19 § 1 (part), 1974)
2.08.070 - 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. The city manager He -shall be responsible for the efficient administration of all
the affairs of the city which are under theirNs control. In addition to his general powers
as administrative head, and not as a limitation thereon, the city manager shall have the
following powers and duties:
A. OrdinancesL aw Enfer^emen+. To enforce all laws and ordinances of the city
and see that all franchises, contracts, permits and privileges granted by the city
are faithfully observed;
B. Management Authority Over Employees. To maintain management control,
erdeFand give -provide directions to all department heads of departments�and
ca
to -subordinate officers and employees of the city under his jurisdiction, through
their department heads;
C. Power of Appointment and Removal. To appoint, remove, promote and demote
aRY and all gA officers and employees, except for elected officials and the city
attorney, subiect to the following, (i) compliance with applicable provisions of
the negotiated employee union collective bargaining agreement then in effect;
ii ^tee-Ei#y, eXGept the-Eity atteMey,subjectteall applicable personnel
ordinances, rules and regulations; and ii�ii in^�� the council advice
provisions of Section 2.08.095 (GouT^ Advice
appointment of Certein
Managers);
D. Administrative Organization eff Onf;Ges. To conduct studies and effect such
administrative organization or reorganization of offices, positions or units under
his d're^tien .as may be indicated in the interest of efficient, effective and
economical conduct of the city's business with concurrence of the city council;
E. Ordinances. To recommend to the city council for adoption such measures and
ordinances as 4e-deemeds appropriateneEessaKy;
F ntteRdan^e at -Council Meetings. To participate in attend awmeetings of the city
council unless excused therefrom by the mayor individually or city council as a
whole, except when theli�s removal of the city manager is under consideration;
G. Financial Reports. To keep the city council at all times advised as to the
financial condition and needs of the city;
H. Budget. To prepare and submit the proposed balanced annual budget and the
proposed annual salary plan to the city council for consideration and fps
approval;
l;
I. Purchasing Agent. To purchase all supplies for all the departments or divisions
of the city in accordance with Chapters 2.14 and 2.44 of the RPVMC and to
submit such purchases to the city council for approvals d to submit all
01203.0001/322265.70126 nnG 322265 c Page 3
B-3
Investigations and Complaints. 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; to investigate all complaints in
relation to matters concerning the administration of the city government and the
service maintained by public utilities in the city; to create processes to receive
complaints from citizens, vendors, and other aggrieved persons; to report on
any investigative activities and make recommendations to the city council. Athe
city council's discretion, the council may decide to conduct/oversee specific
resident, contractor and/or other non-emolovee comalaints and investiaations.
K. Public Buildings. To exercise general supervision over all public buildings,
public parks and all other public property which are under the control and
jurisdiction of the city council;
L. OtherAdditiona4 Duties. To perform such other duties oran4 exercise such other
powers as may be delegated to the city managerhim from time to time by
ordinance, resolution or other official action of the city council.
(Ord. 156 § 1, 1982; Ord. 19 § 1 (part), 1974)
(Ord. No. 588, § 1, 9-6-16)
2.08.080 - Council-manager relations.
The city council and its members shall deal with the administrative service of the
city only through the city manager, except for the purpose of inquiry, and neither the city
council nor any member thereof shall give orders to any subordinates of the city
manager. The city manager shall take his orders and instructions from the city council
only when sitting in a duly convened meeting of the city council and no individual
councilmembera-P shall give any orders or instructions to the city manager. However,
the city council has ultimate oversight responsibility for the overall operations of the
Rancho Palos Verdes municipal city government and may take any lawful action which
shall be deemed necessary to ensure that the city manager and the municipal
organization are fulfilling their respective responsibilities as city employees.
(Ord. 19 § 1 (part), 1974)
2.08.090 - Departmental cooperation.
The administrative heads of the divisions or departments of the city shall report to
the city manager and shall , it be the duty n�subordinate nffiGers and the Gity
clerk, city treasurer and Gityatt�to-assist the city manager in administering the
affairs of the city efficiently, economically and harmoniously. They shall be at -will
employees without contracts and the terms of their employment shall be established by
resolution or ordinance of the council.
01203.0001/322265.70126 nnG 322265 c Page 4
B-4
(Ord. 19 § 1 (part), 1974)
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.
(Ord. No. 588, § 2, 9-6-16)
2.08.100 - Attendance at commission meetings.
The city manager may attend any andallmeetings of any commission, board or
committee created by the city council, upon his own volition or upon direction of the city
council. At such meetings which the city manager attends, he shall be heard by such
commissions, boards or committees as to all matters upon which he wishes to address
the members thereof, and he shall inform said members as to the status of any matter
being considered by the city council, and he shall cooperate to the fullest extent with the
members of all commissions, boards or committees appointed by the city council.
(Ord. 19 § 1 (part), 1974)
2.08.110 - Removal—Procedure.
Any city council member may request that the mayor convene a closed session
meeting to discuss the city manager's job performance which meeting shall be noticed
in accordance with state law. Should a majority of the members of the city council
decide that the city manager's job performance does not meet Council expectations, the
Council may initiate a job performance improvement plan or may terminate the city
manager.The remodel of the nity manager shal�eeffeGte d only by a majorityvete f
the wholee aass then e _ submeGte o
e
01203.0001/322265.70126 nnG n2- c Page 5
B-5
(Ord. 19 § 1 (part), 1974)
. ...........
2.08.1230 - Removal—Administrative leave.Suspensinn pending hearing
After furnishing the city manager with written notice of intended removal, which
need not provide reasons therefore, the city council may remove the city manager in
accordance with Section 2.08.140 of this chapter, or suspend the city managers from
duty, by placement on administrative leave, but 4+& -compensation shall continue until 4 s
reinstatement or -removal by a majority of the membersYeuiien of the council passed
subsequent lent to the aforesaid hearing
(Ord. 19 § 1 (part), 1974)
2.08.1340 - Removal—At will employeenisnretinn of not innil
The citv manaaer is an at will emDlovee and is subiect to removal without cause.
Any rights shall be set forth in the city manager's agreement per Section 2.08.160. In
removing the city manager, the city council shall use its sole innnntrnlleiJ discretion and
its action shall be final and shall upon any pa#iGu',air s„n,^,inn nr degree e
proof at the hearing, the purpose of whiGh is to allow the Gity rnaRager to preseRt to the
pity nog moil his grounds of opposition to his removal prior to its er+tinn
(Ord. 19 § 1 (part), 1974)
2.08.1450 - Removal—Limitation.
Notwithstanding the provisions of Sections 2.08.110 (Removal—Procedure) through
2.08.140 (Removal—Discretion of Council), the city manager shall not be removed from
office, other than for misconduct in office, during or within a period of 90 days next
succeeding any general municipal election held in the city at which election a member
of the city council is elected. The purpose of this section 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 manager in the performance of the powers and duties of his office.
01203.0001/322265.70126 nnG 322265 c Page 6
B-6
After the expiration of the 90 -day period, the provisions of Sections 2.08.110
(Removal—Procedure) through 2.08.140 (Removal—Discretion of Council) as to the
removal of the city manager shall apply and be effective.
(Ord. 19 § 1 (part), 1974)
2.08.1560 - Terms of employment.
The Gity manager shall devote all the tirne neGessary to fully and Gernpletely per-ferm
the duties ;cGified an this GhapteF.The city manager shall not accept outside
employment while employed by the city_ t
The specific Terms and Conditions of the city manager's employment shall be
detailed in a mutually agreed upon Employee Agreement that is approved by a majority
of the citv council. Anv contract must contain the followina:
A. The city
manager
is an at will employee
who can
be removed with or without
cause,
nnnosinnal
with the
grounds for cause specified
in the agreement.He
may enn�no in
riff•
,
teaGhing,
r�writing nr nns,,ItiRg
on his tomo
B. The city manager can be paid a severance payment for removal without cause
at separation not exceeding the equivalent to the monthly salary of the city
manager times the number of months remaining on the unexpired term of
contract, but not exceeding 18 months, or as otherwise provided in Government
Code Section 53260, and not including benefits.e may engage U
additional teaGhing, writing, Gensulting or other non Gity related b i !ss as the
Gity GEWnGil may expressly autheriz
C. Any severance payment must be contingent on waiving any claims against the
cid
D. The city manager shall be subiect to periodic evaluation and review.
E. The city manager shall receive at least the same benefits as generally received
by department heads.
(Ord. 19 § 1 (part), 1974)
2.08.1670 - Agreements on employment.
Nothing in this chapter shall be construed as a limitation on the power or authority of
the city council to take action or exercise its authority in accordance with Section
2.08.070, or to enter into any supplemental agreement with the city manager delineating
additional duties, obligations, policies or terms and conditions of employment
consistentn„ t inGensisten+ with thea -ray provisions of this chapter.
(Ord. 19 § 1 (part), 1974)
01203.0001/322265.70126 nnG 32226 c Page 7
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