RPVCCA_CC_SR_2014_06_03_03A_Muni_Code_AmendmentsCrTYOF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
CITY COUNCIL MEMBERS
MAYOR JERRY V. DUHOVIC
JUNE 3, 2014
PROPOSED MUNICIPAL CODE AMENDMENTS TO
CHAPTER 2.04 (CITY COUNCIL) AND CHAPTER 2.08
(CITY MANAGER) TO CLEARLY DEFINE THE DUTIES
AND RESPONSIBILITIES OF THE CITY COUNCIL AND
THE CITY MANAGER
CAROLYNN PETRU, ACTING CITY MANAGER®.
RECOMMENDATION
Review and discuss the proposed edits to Municipal Code Chapters 2.04 and 2.08,
and provide direction to the City Attorney to incorporate any desired changes into
a draft Ordinance, to be introduced at the next meeting.
DISCUSSION
Over the last few years, individual Council Members and residents have expressed
an interest in ensuring that the City Council's policy making and oversight
responsibilities, and the City Manager's duties and responsibilities, are clearly
defined and delineated. In that the City is currently engaged in the early stages of
recruiting a new City Manager, it is an opportune time to address this issue.
Municipal Code Chapter 2.04 deals specifically with the City Council. As currently
drafted, Chapter 2.04 does not address the oversight responsibilities of the City
Council. The proposed amendments address that issue. (See Section 2.04.005)
3A-1
Proposed Municipal Code Amendments
Page 2 of 2
June 3, 2014
Municipal Code Chapter 2.08 deals specifically with the City Manager. The duties,
responsibilities, obligations, policies and procedures, and various requirements,
among other things, for the City Manager, are generally codified in Chapter 2.08.
Additional specific requirements and obligations for the City Manager, including
the terms and conditions of employment, have been enumerated in Employment
Contracts with former City Managers of the City.
In that the City will be entering into a new employment contract with a new City
Manager in the coming months, it is only fair and appropriate that Council
expectations and City Manager obligations be clearly defined for all candidates and
ultimately for the new City Manager.
Updates/edits have been made and suggested language proposed for Chapters
2.04 and 2.08 in an effort to clarify the roles of both the City Council and City
Manager, generally clarifying that the City Council has the responsibility to oversee
the operations of the City, and that the City Manager undertakes the duties
specified in Chapter 2.08, subject to City Council oversight. (See, Section 2.04.005
and Section 2.08.080.)
In addition, Municipal Code Chapter 2.24 deals with the Disaster Council, and more
specifically the roles and responsibilities of the City Council and the City Manager
in the event of an emergency. Although modifications to this section of the
Municipal Code are being proposed as part of this report, a copy of existing Chapter
2.24 is attached in the event the City Council wishes to discuss these provisions
and determine if any changes are desired.
An employment agreement for the new City Manager will be negotiated upon an
offer being made to the candidate selected by the City Council and is not part of
this discussion.
Attachments :
1) Proposed amendments to Chapter 2.04 (City Council)
2) Proposed amendments to Chapter 2.08 (City Manager)
3) Current Chapter 2.24 (Disaster Council)
-2-
3A-2
Title 2 -ADMINISTRATION AND PERSONNEL
Chapter 2.04 -CITY COUNCIL
Chapter 2.04 -CITY COUNCIL
Sections:
2.04 .001 -Rancho Palos Verdes Citv Council
2. 04 . 005 -Coun.ciLB.esoonsibilities_
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 Citv Council
The Rancho Palos Verdes Citv Council fcitv counci/J consists of five (51 Rancho Palos Verdes city
residents_. who are aualified to hold office under state law. elected at large . to serve as_ the governing
bodv of the Citv of Rancho Palos Verdes with all such rights associa ted therewith .
2. 04 . 005 -Council Responsibilities_
The citv council has resoonsibilitv for the ovllrafl operations of (he Rancho Palos Verdes city
government In chapter 2. 08 of this code. the citv council has delegated certain duties and res ponsibilities
to tbe appointed cttv manager. wbo serves at tbe Pleasure of (he Qity council. The city council ma v
delegate or assign additional matters and/or duties to tbe citv manager. through provisions of tbe city
manager's emptovment agreement or bv otber actions of (he citv council . The city council mav take any
lawful action t/Jat the city council deems appropdate/necessa ty to ensure that the citv manager and tbe
municipal oraanization are fulfilling their respective responsibilities to the cjtv.
2.04.010 -Council chambers .
The council chambers of the city council shall be located at the Hesse Community Park Building ,
29301 Hawthorne Boulevard.
(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 :
Rancho Palos Verdes, California, Code of Ordinances Page 1
old: l 716526vl , new: l 71650 6v2
3A-3
Title 2 -ADMINISTRATION AND PERSONNEL
Chapter 2.04 -CITY COUNCIL
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.
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 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 is...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.
(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 and on the city's website. 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 sessions may be held by the council during
a duly called meeting on certain legal or personnel matters.
(Ord . 65 § 3 (part), 1975)
2.04.060 -Term limits.
Rancho Palos Verdes, California, Code of Ordinances Page 2
old: 1716526vl, new: 1716506v2
3A-4
Title 2 -ADMINISTRATION AND PERSONNEL
Chapter 2.04 -CITY COUNCIL
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 .
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 that this section was adopted by the voters.
(Measure C , 20 03)
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 . 5 00 , § 1, 10-2 0 -09 )
Rancho Palos Verdes , California, Code of Ordinances Page 3
old: 1716526vl,new: 1716506v2
3A-5
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.
2.08.020 -General Responsibilities.
~®AA-city managef:.2 .08.40 -Bond .
2.08.060 -Compensation.
2.08.070 -Powers and duties.
2.08 .080 -Council-manager relations .2 .08 .090 DepaftmeA.tat-rooperation .
2.08.100 -Attendance at commission meetings.
2.08.110 Removal Procedure.2.08.110 Performance Review and 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 -Acting City Manager.
2.08.170 Agreements on employment.
2.08.010 -;;;;; Office created.
The office of the city manager of the city is hereby created and established. The city manager shall
be appointed by the city council wholly on the basis of his administrative and mEecutive ability and
qualifications and shall hold office ~at 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.
2.08.020 -General Responsibilities
The city manager shall be the administrative head of the Rancho Palos Verdes mun ici pal c ity government
under the d irection of the city council. He/she shall be responsible for the efficient administration of the
affairs of the city.
Rancho Palos Verdes, California, Code of Ordinances Page 1
R6876-0001\1716508v3 .doc
3A-6
Title 2 -ADMINISTRATION AND PERSONNEL
Chapter 2.08 -CITY MANAGER
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
(part), 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(part),1974)
2.08.050 Acting city manager. [This section has been revised and moved to the end of the
chapter.]
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
-LI-Aab-ie-eF--fails to do so, the city council shall designate a €JUalified city administrative-e#icer to exercise
the po'Ners 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 the city council
designates.
B. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by
him/her in the performance of his/her official duties, including those incurred when traveling on
business pertaining to the city. as authorized by the city council. Reimbursement therefor shall en+y
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/her
general powers as administrative head, and not as a limitation thereon, the city manager shall have the
following powers and duties:
A. Law Enforcement.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;
Rancho Palos Verdes, California, Code of Ordinances Page 2
R6876-0001\1716508v3 .doc
3A-7
Title 2 -ADMINISTRATION AND PERSONNEL
Chapter 2.08 -CITY MANAGER
B. Management Authority Over Employees. To control, ordermanage and give directions todirect
all department 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.
fThe city has two classes of employees: exempt and non-exempt as defined in the
classification study approved by the city council.)
To appoint, remove, promote and demote any and all officers and"non-exempt" employees-ef.JQ
accordance with the city, except the city attorney, subject to all~ applicable personnel
ordinances, rules---a-00± regulationsi-and negotiated employee union collective bargaining
agreement then in effect.
Other than the city attorney and individuals a pp ointed by the c ity cou ncil to serve on city
commissions and comm ittees . to appoint remove. promote and demote "exempt" employees.
wh ich action may require the ratification of the City Council. at the C ity CouncWs discretion ,
D. Administrative Reorganization of OfficesOrganization. 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
businessi-with the concurrence of the city council.
E. Ordinances7~ To recommend to the city council for adoption such measures and ordinances as
he deems necessarydeemed appropriate;
F. Attendance at Council Meetings7~ To attend all meetings of the city council unless excused
therefrom by the mayor individually or the city council as a whole, except when his removal is
under consideration; ~
G. Financial Reports7~ To keep the city council at all times advised as to the financial condition and
needs of the city;
H. Budget7~ To prepare and submit the proposed annual budget and the proposed annual salary
f}lafl-to the city council for itsconsideration and approval;
I. Purchasing Agent7~ To purchase all supplies for all the departments or divisions of the city aoo
to submit all expenditures or proposed expenditures to the city council •.vith his
recommendations thereonin accordance with the provisions of the municipal code and with city
council approval;
J. Investigations and Complaints7~ 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-;-and to investigate all complaints in relation to matters concerning the administration
of the city government± and the service maintained by public utilities in the citYi-~
compliance wi th city rules. policies and agreements_ttiat have been approye_d by the city
council and are relevant to the particular complaint.
Non-emplovee complaints a re to be directed to the citv manager for apRIQpriate resolution . The
city council is to be advised when non-employee complaints o ccur. At th e city council's
discretion . the council may decide to conducVoversee specific resident contractor and/or other
non-employee complaints investigations.
K. Public Buildings7~ 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. AdditionalOther Duties7~ To perform such other duties and exercise such other powers as may
be delegated to J:Hmthe 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)
Rancho Palos Verdes, California, Code of Ordinances
R6876-0001\ 1716508v3.doc
Page 3
3A-8
Title 2 -ADMINISTRATION AND PERSONNEL
Chapter 2.08 -CITY MANAGER
2.08.080 -Council-manager relations.
The city council and its members shall generally deal with the administrative service of the city ooty
through the city manager, except for the purpose of inquiry, and neither the. No individual city council-Ref
aflY member thereof shall give orders te-aAyor instructions to the city manager or to subordinates of the
city manager. The city manager shall take his orders and instructions from the city council only when
sJ.tti.Ag-in a duly convened meeting of the city council _and no individual councilman-shall give any orders or
instructl~ty manager.However. the city council has ultimate oversight responsibility for the
overall operations of the Rancho Palos Ve.rdes municipal city government and may take any lawful action
deemed appropriate/necessarv by the city council to ensure that the city manager and the municiRal
Qiqanization are fulfilling their respectjve_r_es.pon~ibili.M.s
(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
~ger in administering the affairs of the city efficiently , economically and harmonious!~
(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 or her own volition or upon direction of the city council. At such meetings
which the city manager attends, he or she shall be heard by such commissions, boards or committees as
to all matters YJ30Rabout which J:lethe city manager wishes to address the members thereof, and J:lethe.
city manager shall inform said members as to the status of any matter being considered by the city
council, and he. The city manager 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 -Performance Review and Removal-Procedure.
TA~e city manager shall be effecteG--orHyAny city council member may request that the
mayor convene a closed session meeting to discuss the citv manager's job performance. The request
shall be granted at the discretion of the mayor. Alternatively , a majority of the entire city council max
convene a closed session in accordance with the provisions of the Ralph M. Brown Act. Should a
majority of the ci ty council decide that the city manager's job performance does not meet the city council 's
.expectations the city counci l may initiate a job performance improvement plan or may terminate the city
manager by a majority vote of the whole council as then constituted, convened ffiat a regularduly noticed
~council meeting, subject, however, to the provisions of Sections 2.08.120 through 2.08.150. In case of
his intended remeval by the city council , the city manager shall be furnished with alf the city council
intends to remove the city manager due to specific complaints or charges made against the city manager.
the city council shall provide written notice to the city manager stating the council~:s intention to remove
him or her and the reason therefor, at least Rffietytwenty days before the effective date of his or her
removal.
(Ord. 19 § 1(part),1974)
Rancho Palos Verdes, California, Code of Ordinances Page 4
R6876-0001\1716508v3 .doc
3A-9
Title 2 -ADMINISTRATION AND PERSONNEL
Chapter 2.08 -CITY MANAGER
2.08.120 -Hearing.
Within seven days after the delivery to the city manager of WGJ::!.written notice of term ination, he/she
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 itswithin seven (7) days of receipt of the
request. The hearing will be held at the city council's 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/her from duty, but his/her compensation shall continue until his/her 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 uncontrolledsole 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/her grounds of opposition
to his/her removal prior to its action.
(Ord.19§ 1(part),1974)
2.08.150 -Removal Limitation.
~etwi#:lstanding the pF€l11isions of Sections 2.08.11 O thf€lugh 2.og .140, the city manager shall not-Ge
~m office , other than for misconduct in office, during or 1Nithin a period of ninety days n9*t
-succeeding any ~eneral 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
~nized city council to observe the actions and abUity of the city manager in the p~
f*)Wers and duties of his office. ,A.fter the expiration of the ninety day period , the provisions of Sections
2.08.110 through 2.08.14 0 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 notmay only accept outside employment while employed
by the city except:w ith the approval of the city council.-
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)
Rancho Palos Verdes, California, Code of Ordinances Page 5
R6876-0001\1716508v3.doc
3A-10
Title 2-ADMINISTRATION AND PERSONNEL
Chapter 2.08 -CITY MANAGER
2.08.170 Agreements on employment.
Ib.e__specific Terms anc:L.Cond.itions of the city manager's employment shall be detailed in a mutuall¥
aareed upon Employee Agreement that is approved by the city coun ciL.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 or terms and conditions of
employment not inconsistentconsistent with a.Ry-the provisions of this chapter.
(Ord. 19 § 1 (partl. 1974)
(Ord . 19 § 1 (part), 1974)
2.08. 170 -Acting City Manager
In the event that a deputy or assistant city manager has been appointed such deputy or assistant shall
seNe as the acting city manager during any temporarv absence or disability of the city manager that is
more than twenty-four hours in duration If there is no deputy or assistant city manager. the city manager.
by a letter filed with the citv clerk or the city council, if the city manager is unable or fails to do so. shall
designate a qualified city administrative officer to exercise the powers and perform the duties of acting
city manager during the city manager's temporary absence or disabilitv In the event the city manager's
~y extends beyond a one-month period. the city council. after the one-month period .
may appoint someone other than the deputy or assistant city manager as the acting city manager.
Rancho Palos Verdes, California, Code of Ordinances Page 6
R6876-0001\l 716508v3 .doc
3A-11
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 (patt), 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 wh ich 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 (patt), 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=l6571&HTMRequest=https%3a%2... 5/2 9/2014 3A-12
Muni code Page 2 of 4
(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), 197 4)
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=l657l&HTMRequest=https%3a%2... 5/29/2014 3A-13
Muni code
d.
e.
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,
To requisition necessary personnel or material of any city department or
agency, and
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), 197 4)
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%3a%2... 512912014 3A-14
Muni code Page 4 of 4
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=l657l&HTMRequest=https%3a%2... 5/29 /2014
3A-15