CC SR 20160906 O - City Council Advice on Upper Mgmt HiresRANCHO PALOS VERDES CITY COUNCIL
MEETING DATE: 09/06/2016
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consider Adoption of Ordinance No. 588 to amend the Municipal Code to provide for
Council Advice on the hiring of certain upper management positions.
RECOMMENDED COUNCIL ACTION:
(1) Adopt ORDINANCE NO. 588 AN ORDINANCE OF THE CITY COUNCIL 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
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: David J. Aleshire, City Attorney
REVIEWED BY: Gabriella Yap, Deputy City Manager .'`'.
APPROVED BY: Doug Willmore, City Manager'/;",,, 7
ATTACHED SUPPORTING DOCUMENTS:
A. Draft of Ordinance (A-1)
BACKGROUND AND DISCUSSION:
At the August 16, 2016, meeting, the Council voted to amend Chapter 2.08 of the City's
Municipal Code to enable the City Council to have the ability to give advice to the City
Manager when appointing certain management positions, including department heads,
the City Clerk, and the Assistant/Deputy City Manager. The terms agreed upon at the last
meeting are outlined in the draft ordinance, which is before you for the final reading and
adoption (A-1).
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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
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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 31 st day after its passage.
PASSED, APPROVED, AND ADOPTED this 6th day of September, 2016.
Mayor
Attest:
State of California )
County of Los Angeles ) SS
City of Rancho Palos Verdes )
I, Carla Morreale, 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:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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