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CC 20161206 03 RPV Muncipal Code Changes Sections 2.04 and 2.08RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/06/2016 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to provide direction on the proposed revisions to Rancho Palos Verdes Municipal Code Chapters 2.04 and 2.08 RECOMMENDED COUNCIL ACTION: (1) Provide direction on the proposed revisions to Rancho Palos Verdes Municipal Code Chapters 2.04 and 2.08. FISCAL IMPACT: None. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: David Aleshire, City Attorney REVIEWED BY: Gabriella Yap, Deputy City Manager: APPROVED BY: Doug Willmore, City Manager:/r ATTACHED SUPPORTING DOCUMENTS: A. Redline of Chapters 2.04 and Chapter 2.08 BACKGROUND AND DISCUSSION: At the July 19, 2016, City Council meeting Council Member Duhovic requested a future agenda item to review Municipal Code Chapters 2.04 (City Council) and 2.08 (City Manager). A sub -committee consisting of Mayor Dyda and Council Member Duhovic has been working with the City Attorney to develop revised language for Municipal Code Chapters 2.04 (City Council) and 2.08 (City Manager). Attached for the City Council's review is the most recent draft of Chapters 2.04 and 2.08 that has been prepared by the sub- committee and the City Attorney. The most recent draft of Chapter 2.04 (City Council) makes the following revisions: • Adds new sections 2.04.001 (Rancho Palos Verdes City Council) and 2.04.005 (Council Responsibilities). • Revises sections 2.04.010 (Council chambers), 2.04.020 (Regular meetings), and 2.04.010 (Executive sessions). The most recent draft of Chapter 2.08 (City Manager) makes the following revisions: 01203.0001/327040.1 1 • Adds new section 2.08.020 (General Responsibilities). • Deletes section 2.08.120 (Hearing). • Revises sections 2.08.010 (Office created), 2.08.030 (Council member eligibility), 2.08.050 (Acting city manager), 2.08.060 (Compensation), 2.08.070 (Powers and duties), 2.08.020 (Council-manager relations), 2.08.090 (Departmental cooperation), 2.08.100 (Attendance at commission meetings), 2.08.110 (Removal- Procedure), Removal- Suspension pending hearing), 2.08.140 (Removal- At -will employee), 2.08.150 (Removal- Limitation), 2.08.160 (Terms of employment), and 2.08.170 (Agreements on employment). ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council's consideration: 1. Take other action as deemed appropriate by the City Council. 01203.0001/327040.1 2 Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.04 - CITY COUNCIL Chapter 2.04 - CITY COUNCIL Sections: 2.04.001 – Rancho Palos Verdes City Council. 2.04.005 – Council Responsibilities. 2.04.010 - Council chambers. 2.04.020 - Regular meetings. 2.04.030 - Adjourned meetings. 2.04.040 - Special meetings. 2.04.050 - Executive sessions. 2.04.060 - Term limits. 2.04.070 - Compensation—Reimbursement of expenses. 2.04.001 – Rancho Palos Verdes City Council. Deleted: 9 The Rancho Palos Verdes City Council (city council) consists of five (5) WectorA of the city of Rancho[RSBi]: Commented ed qualifying requirement in state law. Palos Verdes elected at large, to serve as the governing body of the ! jty of Rancho Palos Verdes with all such rights associated therewith. - -- Deleted: residents Deleted -.0 2.04.005 – Council Responsibilities. The city council has responsibility for the overall operations of the RPV municipal city government. The city council may delegate certain matters and/or duties to the liappointedi city manager who serves at the Commented [RSB2]: committee wants to use Hired Hutton pleasure of the city council. The city council may take any lawful action which they deerr� appropriate or. is office so appointed is better. necessary to ensure that the city manager and the municipal organization are fulfilling their respective Deleted: ed responsibilities as city employees pursuant to the rules, regulations, and ordinances of city.. Deleted: 2.04.010 - Council chambers. The council chambers of the city council shall be located at the Hesse Community Park Building, 29301 Hawthorne Boulevard unless another location is designated by resolution of the City Council. (Ord. 179 § 1, 1984: Ord. 65 § 1, 1975: Ord. 65U § 1, 1975: Ord. 2 § 1 (part), 1973) 2.04.020 - Regular meetings. Regular meetings of the city council shall be held on the first and third Tuesdays of each month at the hour of six p.m. in the council chambers except as follows: A. When a Rancho Palos Verdes municipal election is conducted in the city on the first or third Tuesday of the month, the city council meeting shall be held on the next succeeding day which is not a holiday. 01203.0001/322169.1 Rancho Palos Verdes, California, Code of Ordinances Page 1 A-1 Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.04 - CITY COUNCIL B. When an official city holiday falls on the first or third Tuesday of any month, the meeting shall be held on the next succeeding day which is not a holiday. Only executive or "closed" sessions and study sessions may be held between six p.m. and seven p.m. unless a regular meeting is adjourned to or a special meeting called for such time. No study session or closed session will be held during such hours unless the agenda is posted at least seventy-two hours prior to the meeting as required by Section 54954.2 of the California Government Code. No action shall be taken during any study session held between such hours unless the agenda so provides. Nothinq herein prevents a closed session from being held earlier or at another time if the meeting is properly noticed. (Ord. 375 § 1, 2002; Ord. 299 § 1, 1994; Ord. 287 § 1, 1993; Ord. 279 § 1, 1992: Ord. 240 § 1, 1989: Ord. 192 § 1, 1985: Ord. 124, 1979: Ord. 65 § 3 (part), 1975) 2.04.030 - Adjourned meetings. All meetings may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. A copy of the order of adjournment must be posted at or near the door to the council chambers within twenty-four hours. (Ord. 65 § 3 (part), 1975) 2.04.040 - Special meetings. Special meetings may be called by the mayor, or in the absence of the mayor, by the mayor pro tempore, or by any three members of the council, on twenty -four-hour notice, as set forth in Government Code Section 54956, by delivering personally or by mail written notice at least twenty-four hours prior to the meeting to each member of the city council, to the city attorney, to the city manager, and to representatives of all newspapers and radio stations which have requested such notice in writing, and a copy of the notice shall be posted in the city offices. The notice shall specify the time and place of the special meeting and the business to be transacted; no other business shall be considered at such meetings. Notice may be waived by a member of the city council by filing with the city clerk a written waiver of notice; such waiver may be given by telegram. Attendance at the time and place specified shall be deemed a waiver of notice of such meeting. (Ord. 65 § 3 (part), 1975) 2.04.050 - Executive sessions. All meetings are open to the public except that executive or closed sessions may be held by the council during a duly called meeting on certain, litigation, real estate, ,personnel matters or other matters Deleted: legal as permitted by lave. Deleted: or (Ord. 65 § 3 (part), 1975) Commented [RSB3]: adding other closed session grounds] 2.04.060 - Term limits. A. No person shall serve more than two consecutive terms of office as a member of the city council. B. For the purpose of this section, a "term" shall mean any period of service on the city council that exceeds two years, and "consecutive" shall mean immediately following, without an intervening hiatus in service. 01203.0001/322169.1 Rancho Palos Verdes, California, Code of Ordinances Page 2 A-2 Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.04 - CITY COUNCIL C. Any person who has served two consecutive terms as a member of the city council shall not be eligible to serve again until the expiration of at least six months after the end of that person's last term of office. D. The term limits imposed by this section shall apply prospectively only to those terms of office that commence after November 4, 2003, the date this section was adopted by the voters. (Measure C, 2003) 2.04.070 - Compensation—Reimbursement of expenses. A. Members of the city council will each be compensated for their services in the sum of four hundred dollars ($400.00) per month, which compensation will be a charge against the city and payable in the same time and manner as salaries are paid to other officers and employees of the city. The compensation payable to members of the city council may be adjusted in accordance with the provisions of Government Code Section 36516. B. The compensation set forth above in subsection A of this section is exclusive of any amounts payable to members of the city council as reimbursement for actual and necessary expenses incurred in the performance of official duties on behalf of the city pursuant to a properly documented reimbursement request. Procedures for such reimbursement may be specified by resolution adopted by the city council. (Ord. No. 500, § 1, 10-20-09) 01203.0001/322169.1 Rancho Palos Verdes, California, Code of Ordinances Page 3 A-3 Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.08 - CITY MANAGER Chapter 2.08 - CITY MANAGER Sections: 2.08. 010 - Office created. 2.08.020 – 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. 2.08.130 - Removal—Suspension Dendina hearin Formatted: Not Strikethrough Field Code Changed l Formatted: Not Strikethrough Field Code Changed Formatted: Not Strikethrough Formatted: Not Strikethrough Deleted: 2.08.120 - Hearino. 2.08.140 - Removal—At will emploVee� Deleted: Discretion of council. 2.08.150 - Removal—Limitation. Field code changed Formatted: Not Strikethrough 2.08.160 - Terms of employment. 2.08.170 - Agreements on employment. ,2.08.010 - Office created. jThe office of the city manager of the city is created and established. The city manager shall be appointed by the city council and shall hold office, at the pleasure of the city council, except as otherwise provided in this chapter. (Ord. 19 § 1 (part), 1974) 01203.0001/322265.3 Rancho Palos Verdes, California, Code of Ordinances Page 1 Deleted: 2.08. XXX—Acting City Manager¶ Formatted: Not Strikethrough Commented [RSB1]: This statement is in 10 ordinances we reviewed. Formatted: Font: 12 pt, Not Strikethrough Deleted: Deleted: during MA Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.08 - CITY MANAGER 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 Deleted: He/She management of the affairs of the city and shall ensure that the best interests of the Deleted: administration citizens and businesses are maintained at all times. Deleted: residents/taxpayers x.08.030 - Council member eligibility.Formatted: Not Strikethrough No member of the city council shall be eligible for appointment as city manager until eight Year has elapsed after such council member has ceased to be a member of the Deleted: one year city council. Formatted: Not Strikethrough Commented [RSB2]: This is also a common provision so (Ord. 19 § 1 (part), 1974) council member would have no economic incentive to remove city] manager. 1111 2.08.040 - Bond. I Formatted: Not Strikethrough 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. Formatted: Font: 12 pt, Not Strikethrough 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 citv council may .designate a qualified citv administrative officer to Formatted: Not Strikethrough exercise the powers and perform the duties of manager during his temporary absence or disability. 01203.0001/322265.3 Rancho Palos Verdes, California, Code of Ordinances Page 2 Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.08 - CITY MANAGER (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 jn 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 therefor shall GnJy be made, however, when an itemized claim, setting forth the sums expended 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. The 13i+„ 13e Reil may b,i e speGially ai therized by the 13i+y ^ 1311 (Ord. 19 § 1 (part), 1974) 2.08.070 - Powers and duties. Deleted: by him/her Deleted: his/her Deleted: C Deleted: C The city manager shall be the administrative head of the government of the city Formatted: Not Strikethrough under the direction and, control of the city council except as otherwise provided in this Commented [RSB3]: This clause is common, particularly the chapter. He shall be responsible for the efficient administration of all the affairs of the statements "administrative head" and "responsible for efficient administration of city." Advisable to leave in. city. which are under his control. In addition to his/her general powers as administrative head, and not as a limitation thereon, the city manager shall have the following powers Formatted: Not Strikethrough J and duties A. Law F=nfornpim . 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; B. Management Authority. Over Emplo„^^s To n intain, management control, Deleted: M order and give provide, directions to, all department heads ^fes, and Deleted: s ,subordinate officers and employees of the city. undeF his juFisdiGtiGR, Deleted: s C. ,Power of Appointment and Removal. Deleted: to Formatted: Font: Not Bold, Not Italic inlet,,. The 13'ty has tW9 Glasses of a ple • Exempt and r exempt. I Rited Formatted: Font: Not Bold, Not Italic, Strikethrough C+a+^s labor law defi.,itiORS of exernpt RdROR exempt employees shall 01203.0001/322265.3 Rancho Palos Verdes, California, Code of Ordinances Page 3 M Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.08 - CITY MANAGER To appoint, remove, promote and demote except as provided herein Formatted: Font: Not Bold, Not Italic employees, which shall be in accordance and compliance with the negotiated Deleted: "non-exempt" employee union collective bargaining agreement then in effect. Notwithstanding the foregoing, in accordance with Section 2.08.070C, to Formatted: Font: Not Bold, Not Italic appoint, remove, promote and demote "exempt" employees, except elected officials and the City Attorney, subject to all applicable personnel ordinances, rules and regulations; and including the Council advice provisions of Section 2.08.095, which action may require the ratification of the City Council, at the City Council's discretion. D. any and all offinero and employees of the pity, en+ the pity atterne" ih:en+ +e all o nliGable n el erdinanoeo ri ileo and r i latieno Administrative Qrganization, To conduct studies and effect such administrative Deleted: ae organization or reorganization of offices, positions or units, as may be indicated Deleted: o in the interest of efficient, effective and economical conduct of the city's Deleted: ef-9ffices business with concurrence of the city council. Deleted: ,Rderhis diFeEnoR E. Ordinances: To recommend to the city council for adoption such measures and ordinances as, deemed, appro rp iate; Deleted: he Deleted: Resessary F. Council Meetings: To attend all meetings of the city council unless excused Deleted: therefrom by the mayor individually or city council as a whole, except when his removal is under consideration.'; Deleted: public - Formatted: Not Strikethrough G. Financial Reports: To keep the city council at all times advised as to the Commented [RSB4]: What about closed session? Are these financial condition and needs of the city; changes useful? Formatted: Not Strikethrough H. Budget: To prepare and submit the proposed annual budget, to the city council Deleted: -id the proposed annual &a1ary plan for consideration and approval Deleted: its I. Purchasing Agent: To purchase all supplies for all the departments or divisions Deleted: as defined in MC 2.14 6 MC 2.44 and submit -all expenditures or........ sed expand tures to of the city in accordance with Chapters 2.14 and 2.44 of the RPVMC and to Formatted: Font: 12 pt, Not Strikethrough J submit such purchases to city council for approval and with ,_ city council Deleted: the approval. with his re nn,n,en +�+ien� +hereon• ' l Formatted: Not Strikethrough J. Investigation and Com lainants: To make investigations into the affairs of the p g Deleted: in, -,est are gatunixRs membersaeComplaints: be addressed ed employees who are union members are to be addressed city and any department or division thereof, and any contract or the proper in accordance and compliance with the negotiated performance of any obligations of the city; to investigate all complaints In emploveeunion collective bargainingagreement then in effect.¶ relation to matters concerning the administration of the city government and the neon -employee complaints are to be directed to the service maintained b public utilities in the city; to create processes to receive y p y citymanageror be non-mp.rhecity council is to be advised when non-employee complaints from citizens, vendors, and other aggrieved persons; to report on complaints occur. At the city councils discretion, thcoune any investigative activities and make recommendations to the city council. At g eci to duct/onon-espoye reside/mavdeddrandloe resident, contractor and/or other non -employe the city council's discretion, the council may decide to conduct/oversee specific complaints investigations. ¶ resident, contractor and/or other non-employee complaints investigations. Formatted: Not Strikethrough 01203.0001/322265.3 Rancho Palos Verdes, California, Code of Ordinances Page 4 A-7 Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.08 - CITY MANAGER 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 and 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. (Ord. 156 § 1, 1982; Ord. 19 § 1 (part), 1974) 2.08.080 - Council-manager relations. The city council and its members shall deal with the administrative service of the city en*through the city manager, eXGepf f„r the purpese Gf iRquir„ and neither the ,.if„ Ao-A61 nnr any member thereof shall give orders te any subordinates of the city manager The city manager shall take his orders and instructions from the city council onlyi when sitting in a duly convened meeting of the city council and no individual councilman 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. Deleted: Ad9it eaa4 Deleted: him Formatted: Not Strikethrough Commented [RSBS]: Isn't this sentence useful? Formatted: Not Strikethrough Deleted: appropriate/ l Formatted: Font: 12 pt, Not Strikethrough The administrative heads of the divisions or departments of the city shall report to the city manager and shall it shall be the duty of an subordinate Off'GeFS and the Gity ,.lore ,.if„ treasure and ty atterne„ f assist the city manager in administering the (Formatted: Font: 12 pt, Not Strikethrough 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. (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 01203.0001/322265.3 Rancho Palos Verdes, California, Code of Ordinances Page 5 F1,111111111re Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.08 - CITY MANAGER 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. 588 § 2 (part), 2016) 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. (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. (Ord. 19 § 1 (part), 1974) ,2.08.130 - Removal—Suspension pending hearing. After furnishing the city manager with written notice of intended removal, the city council may suspend the city manager_from duty, by placement on administrative leave, 01203.0001/322265.3 Rancho Palos Verdes, California, Code of Ordinances Page 6 Deleted: any-andall Deleted: The removal of the city manager shall be erse..wa only by a majority vote of the whole co, - rin as than ...J I..... .: ... h'.. however, to the prov s ons Of SOGt on 4" aivnL...�m^. c4....!„. ............. 4Mrco-rv..rrar�ixic�,.-.ion••�62 •• theFefaF, at least F; 4-q Deleted: 2.08.120 - Hearing.¶ Within seven days after the delivery to the city manager of such notice, he may by written notification to the city clerk request a hearing before the city council. Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the 90 -day period, at which the city manager shall appear and be heard, with or without counsel.¶ (Ord. 19 & 1 (part). 197414 Deleted: him/her Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.08 - CITY MANAGER but compensation shall continue until reinstatement or removal by a majority of the Deleted: his/her members pf the council, Deleted: his/her Deleted: resolution (Ord. 19 § 1 (part), 1974) Deleted: passed subsequent to the aforesaid hearing Deleted: 2.08.140 -Removal—At will emplOyeg Deleted: Discretion of council In removing the city manager, the city council shall use its E)Rtrelled—sole discretion and its action shall be final and shall not depend upon any particular showing ol', degree of proof at the hearing, the purpose of which is to allow the city manager to Commented [RSB6]: Hearing? present to the city council his grounds of opposition to his removal prior to its action. (Ord. 19 § 1 (part), 1974) 2.08.150 - Removal—Limitation. Formatted: Not Strikethrough Notwithstanding the provisions of Sections 2.08.110 through 2.08.140, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety 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 ninety -day period, the provisions of Sections 2.08.110 through 2.08.140 as to the removal of the city manager shall apply and be effective. (Ord. 19 § 1 (part), 1974) 2.08.160 - 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 ratified by 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 citv manaaer can be Daid a severance Davment for removal without cause at separation equivalent to a number of months pay not including benefits C. Anv severance oavment must be contingent on waivina anv claims aaainst citv. 01203.0001/322265.3 Rancho Palos Verdes, California, Code of Ordinances Page 7 Formatted: Not Strikethrough Formatted: Not Strikethrough Commented [RSS71: common provision. Formatted: Not Strikethrough Formatted: Not Strikethrough Formatted: Not Strikethrough Deleted: The Gity manager shall On this Ghapter. Deleted: e eepta Deleted: He may engage in GGGaS GRal teaGh'^ or Gensult ng on ..is t rne off; Deleted: He . engage ^h add t' al ^h ^ ath^. ^ 1 Deleted: A-10 Title 2 -ADMINISTRATION AND PERSONNEL Chapter 2.08 - CITY MANAGER 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. (Ord. 19 § 1 (part), 1974) 2.08.170 - Agreements on employment. Nothing in this chapter 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, duties, obligations, policies or terms and conditions of employment consistent, with, the provisions of this!chapter. (Ord. 19 § 1 (part), 1974) 01203.0001/322265.3 Rancho Palos Verdes, California, Code of Ordinances Page 8 Formatted: Space After: 12 pt i Commented [RSB9]: Could contract supersede ordinance? Deleted: net-iRGonsistent Deleted: any Deleted: ¶ 2.08. xxx — Acting City Manager¶ When the city manager will be away from the office for more than one day (illness, scheduled absence etc.), the city council shall be so notified and the deputy city manager shall be delegated "Acting" city manager authority. There may be other instances where the city manager may be absent wherein the city council may appoint someone other than the deputy city manager as Acting City Manager. A-11