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RPVCCA_CC_SR_2014_05_14_01_City_Manager_Recruitment_ProcessCrTYOF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR & CITY COUNCIL MEMBERS SEAN ROBINSON, HUMAN RESOURCES MANAGE~ MAY 14, 2014 CITY MANAGER RECRUITMENT PROCESS, CHARACTERISTICS & RESPONSIBILITIES CAROLYNN PETRU, ACTING CITY MANAGE~ RECOMMENDATION 1) Discuss the City Manager recruitment process including the desired level of public involvement in the process; 2) Discuss the duties and responsibilities of the City Manager and the legal framework of the applicable sections of the Municipal Code; and, 3) Discuss the qualifications, characteristics and qualities desirable in the City Manager candidates. BACKGROUND On March 31 and April 2, the City Council interviewed four executive recruitment firms to assist in the search and selection for a new City Manager. On April 29, 2014, the City Council retained the firm of Bob Murray & Associates to undertake the recruitment of the next Rancho Palos Verdes City Manager. DISCUSSION The initial part of the discussion is the process Bob Murray & Associates will use during the recruitment. Also, discuss what type of public outreach the Council may want to use in various phases of the recruitment. There are a variety of ways the public could participate in the process including but not limited to: 1) The public could provide comments at this or future public City Council meeting(s); 2) The public could provide comments at a future town hall meeting(s); and/or 3) The public could participate in a community interest survey. Depending on the type and intensity of community involvement in the process, it will add additional time to the recruitment schedule presented to Council at the February 4, 2014 meeting (Attachment A). 1-1 City Manager Process, Characteristics and Responsibilities May 14, 2014 Page 2 of 2 Before Bob Murray & Associates can develop the brochure and begin recruiting for the City Manager position, the City Council may wish to discuss what changes, if any, it would like to see in the duties and responsibilities of the City Manager. Currently the duties and responsibilities are described in Chapter 2.08 (City Manager) of the Municipal Code for the City of Rancho Palos Verdes (Attachment B). Additionally, the City Council may want to discuss Chapter 2.24 (Disaster Council), specifically dealing with the City Manager's powers and duties during an emergency (Attachment C). Changes to either Chapter 2.08 or Chapter 2.24 of the Municipal Code would require separate action by the Council through the adoption of an Ordinance. The last component is the Council's identification of desired qualifications, characteristics, and qualities of the City Manager. On May 14, 2014, Bob Murray commenced a series of meetings with individual Council Members to solicit input which will be used to develop the recruifment brochure and, more importantly, to ensure that he has a well-developed sense of the types of candidates desired. This process can be further defined by Council's discussion this evening and incorporated into the recruitment process, as determined by the Council. ATTACHMENTS: A. February 4, 2014 Preliminary Recruitment Schedule B. Chapter 2.08 -City Manager; City of Rancho Palos Verdes Municipal Code C. Chapter 2.24 -Disaster Council; City of Rancho Palos Verdes Municipal Code 1-2 1 - 3 Muni code Page 1of5 Rancho Palos Verdes, California, Code of Ordinances » Title 2 -ADMINISTRATION AND PERSONNEL >> Chapter 2.08 CITY MANAGER » Chapter 2.08 CITY MANAGER Sections: 2.08.010 Office created. 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 Cou.ncil-manager relations. 2.08.090 Departmental cooperation. 2.08.100 Attendance at commission meetings. 2.08.110 Removal-Procedure. 2.08.120 Hearing. 2.08.130 Removal-Suspension pending hearing. 2.08.140 Removal-Discretion of council. 2.08.150 Removal-Limitation. 2.08.160 Terms of employment. 2.08.170 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 appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office during the pleasure of the city council, except as otherwise provided in this chapter. (Ord. 19 § 1 (part), 1974) 2.08.030 Council member eligibility. No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member has ceased to be a member of the city council. (Ord. 19 § 1 (parl), 1974) 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. (Ord. 19 § 1 (parl), 1974) https://library .municode.com/print.aspx?h=&clientID= 16571 &HTMRequest=https%3 a%2f ... 1-4 Muni code Page 2of5 2.08.050 Acting city manager. In the event that an assistant city manager is appointed, such assistant shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by a letter filed with the city clerk, or if the city manager is unable or fails to do so, the city council shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. In the event the city manager's absence or disability extends over a three-month period, the city council may, after the three-month period, appoint an acting city manager. (Ord. 19 § 1 (part), 1974) 2.08.060 Compensation. A. The city manager shall receive such compensation as the city council from time to time determines, and said compensation shall be a proper charge against such funds of the city as ~he city council designates. B. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties, including those incurred when traveling on business pertaining to the city. Reimbursement therefor shall only 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 city council may by agreement with the city manager limit the amount of reimbursement for his actual and necessary general expenses, which limit shall not be applicable to items specially authorized by the city council. (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. He shall be responsible for the efficient administration of all the affairs of the city which are under his 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. Law Enforcement. 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. Authority Over Employees. To control, order and give directions to all heads of departments, and 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 any and all officers and employees of the city, except the city attorney, subject to all applicable personnel ordinances, rules and regulations; D. Administrative Reorganization of Offices. To conduct studies and effect such administrative organization or reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business; E. https ://library .municode.com/print.aspx?h=&clientID= 16571 &HTMRequest=https%3a%2f ... 1-5 Muni code F. G. H. I. J. Page 3of5 Ordinances. To recommend to the city council for adoption such measures and ordinances as he deems necessary; Attendance at Council Meetings. To attend all meetings of the city council unless excused therefrom by the mayor individually or city council as a whole, except when his removal is under consideration; Financial Reports. To keep the city council at all times advised as to the financial condition and needs of the city; Budget. To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval; Purchasing Agent. To purchase all supplies for all the departments or divisions of the city and to submit all expenditures or proposed expenditures to the city council with his recommendations thereon; 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; 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. Additional Duties. To perform such other duties and exercise such other powers as may be delegated to him 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 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 councilman shall give any orders or instructions to the city manager. (Ord. 19 § 1 (part), 1974) 2.08.090 Departmental cooperation. It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. (Ord. 19 § 1 (part), 1974) 2.08.100 Attendance at commission meetings. The city manager may attend any and all 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 https://library .municode.com/print.aspx?h=&clientID= 165 71 &HTMRequest=https%3a%2f ... 1-6 Muni code Page 4of5 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. The removal of the city manager shall be effected only by a majority vote of the whole council as then constituted, convened in a regular council meeting, subject, however, to the provisions of Sections 2.08.120 through 2.08.150. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him and the reason therefor, at least ninety days before the effective date of his removal. (Ord. 19 § 1 (part), 1974) 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 ninety-day period, at which the city manager shall appear and be heard, with or without counsel. (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 him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the aforesaid hearing. (Ord. 19 § 1 (part), 1974) 2.08.140 Removal-Discretion of council. In removing the city manager, the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the city council his grounds of opposition to his removal prior to its action. (Ord. 19 § 1 (part), 197 4) 2.08.150 Removal-limitation. 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 https ://library .municode.com/print.aspx?h=&clientID= 16571 &HTMRequest=https%3 a%2f ... 1-7 Muni code Page 5of5 provisions of Sections 2.08.11 O 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 devote all the time necessary to fully and completely perform the duties specified in this chapter. The city manager shall not accept outside employment while employed by the city except: A. He may engage in occasional teaching, writing or consulting on his time off; B. He may engage in such additional teaching, writing, consulting or other non-city related business as the city council may expressly authorize. (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 terms and conditions of employment not inconsistent with any provisions of this chapter. (Ord. 19§ 1(part),1974) https ://library .municode.com/print.aspx?h=&clientID= 16571 &HTMRequest=https%3a%2f ... 1-8 Muni code Page 1of4 Rancho Palos Verdes, California, Code of Ordinances >> Title 2 -ADMINISTRATION AND PERSONNEL >> Chapter 2.24 DISASTER COUNCIL » , _____________________ _ Chapter 2.24 DISASTER COUNCIL Sections: 2.24.010 Purpose. 2.24.020 Emergency defined. 2.24.030 Membership. 2.24.040 Powers and duties. _ _______________ , 2.24.050 Director and assistant director-Offices created. 2.24.060 Director and assistant director-Powers and duties. 2.24.070 Emergency organization. 2.24.080 Emergency plan. 2.24.090 Expenditures. 2.24.100 Penalty for violation. 2.24.010 Purpose. The declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. (Ord. 55 § 1 (part), 1974) 2.24.020 Emergency defined. As used in this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. 55 § 1 (part), 1974) 2.24.030 Membership. The disaster council is created and shall consist of the following: A. The mayor, who shall be chairman, and the members of the city council; B. The director of emergency services, the assistant director of emergency services and the chiefs of emergency services as are provided for in the emergency plan adopted under Section 2.24.080, all of whom shall be ex officio and nonvoting members of the disaster council. https://library .municode.com/print.aspx?h=&clientID= 16571 &HTMRequest=https%3a%2f ... 1-9 Muni code Page 2of4 (Ord. 55 § 1 (part), 1974) 2.24.040 Powers and duties. It shall be the duty of the disaster council, and it is empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairman of, in his absence from the city or inability to call such meeting, upon call of the vice-chairman. (Ord. 55 § 1 (part), 1974) 2.24.050 Director and assistant director-Offices created. A. There is created the office of director of emergency services. The city manager shall be the director of emergency services. B. There is created the office of assistant director of emergency services, who shall be appointed by the director and confirmed by the city council. (Ord. 55 § 1 (part), 1974) 2.24.060 Director and assistant director-Powers and duties. A. The director is empowered to: 1. Request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; 2. Request the Governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; 3. Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter; 4. Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them; 5. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter; 6. In the event of the proclamation of a local emergency as provided in this chapter, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the director is empowered: a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council, b. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use, c. https://library .municode.com/print.aspx?h=&clientID= 16571 &HTMRequest=https%3a%2f ... 1-10 Muni code Page 3of4 To require emergency services of any city officer or employee and, in the event of the proclamation of a local emergency in this city or a state of emergency in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers, d. To requisition necessary personnel or material of any city department or agency, and e. To execute all of his ordinary powers as city manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant to this chapter adopted by the city council, all powers conferred upon him by any statute, by any agreement approved by the city council, by any other lawful authority. B. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the city council. C. The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency program of this city; and shall have such other powers and duties as may be assigned by the director. (Ord. 135 § 4, 1980; Ord. 55 § 1 (part), 1974) 2.24.070 Emergency organization. All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may, by agreement or operation of law, including persons impressed into service under the provisions of subsection A6c of Section 2.24.060 be charged with duties, incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. (Ord. 55 § 1 (part), 1974) 2.24.080 Emergency plan. The disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Ord. 55 § 1 (part), 1974) 2.24.090 Expenditures. Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 55 § 1 (part), 1974) https://library .municode.com/print.aspx?h=&clientID= 16571 &HTMRequest=https%3 a%2f ... 1-11 Muni code Page 4of4 2.24.100 Penalty for violation. It is a misdemeanor punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to: A. Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof; C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state. (Ord. 55 § 1 (part), 1974) https://library .municode.com/print.aspx?h=&clientID= 16571 &HTMRequest=https%3 a%2f ... 1-12