Loading...
HomeMy WebLinkAbout575 - City Manager Form of Government• • • ORDINANCE NO. 57$ Ordinance of the City of Newport Beach Creating and Establishing a City Manager Form of GoW- f6rnment for Said City; Defining the Authority, Powers and Du- ties of the City Manager, and Repealing All Ordinances in Conflict Therewith. The City Council of the City of Newport Beach does ordain as fol. lows: SECTION 1: Office of City Manager Created. The office of City Manager of the City of New- port Beath is hereby created'and established. The City Manager shall be appointed by the City Council 'solely on the basis of hi executive qualifications and abil. ity, and shall hold office at and during the pleasure of the City Council. 9RZ' ION'2:: Eligibility. 'Rest. Bence in the City of Newport Beach, at the time of appointment shall not be required as a condi tion of appointment. No person elected to mefsk& Alp on file City Council =_Sian, subsequent to such election. be eligible for appointment as City Manager of the City of Newport -Beach until one year has elapsed after he has ceased to be a mem- ber of the City Council. SECTION 3: Bond. The City Manager shall furnish a corporate .surety bond to be approved by the 'City Council in such sum as 'm'ay be determined by the City Coun- cil and shall be conditioned' on the faithful performance of the duties imposed on the City Manager as herein prescribed. fSECITON d: Ahseme. in case of the absence or disability of the city Manager, the City Council may designate some duly qualified person to perform the duties of the City Manager, during the period of absence or disability of said City Manager, subject, however, to said person furnishing a corpor- ate Surety bond conditioned on faithful performance of the duties required to be performed, as set forth in SECTION 3 herein. SECTION 5: Compensation. The City Manager shall receive such .compensation as the City Council shall from time to time determine and fix by resolution, and said compensation shall be a proper charge against such funds of the City that the City Council shall . designate. Said City Manager shall be re- imbursed for all sums necessarily incurrred or paid by him in the performance of his duties, or in• curred when traveling on business pertaining to said Clty -under dl -- - rection of the City Council: reim- bursement shall only be made, however, when a verified itemized claim, setting forth the sums ex- pended for which reimbursement is requested, has been presented to the City Council, and by said City Council duly approved and allowed. SECTION 6: Powers and Du- ties. The City Manager shall be the- administrative head of the Cyty Government under the direc• Yion and control of the City Coun. cil, except as otherwise provided in this Ordinance. He shall be re- sponsible for the efficient adminis- tration 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, it shall be his duty and he shall have the power: (a) To see that all laws and Ordinances of the City are duly enforced, and that all franchises, permits and privileges granted by the City are faithfully observed. (b) To control, order and give direction to all heads of depart- ments. subordinate officers and employees of the City, except the City Clerk, City Treasurer and City Attorney; and to transfer em- ployees from one department to another; and to consolidate or combine offices, positions, depart- ments or units under his direction, provided, however, that nothing herein contained shall be construed to supersede the authority of the MAI Service Board of the City in the matter of classification of City officers or employees. (o) To appoint and remove any officers and employees of the 'City except the City Clerk, City Treas- urer and City Attorney, subject to the "'Clvil Service system in the `f.STy of Newport Beach. (d) To exercise control over all departments of the City except the City Clerk, City Treasuirer 2nd City Attorney. (e) To attend- all meetings of the City Council unless excused therefrom by the Council, except when his removal is under coristd- eratlon by the Courieil. (f) To recommend to the City Council for adoption such meas- ures and ordinances as he deems necessary or expedient. (g) To keep the City Council at all times fully advised as to the financial conditions and needs of the City. (h) To prepare and submit to the City Council the annual budget. (i) To purchase all supplies for all of the departments or divisions of the City. No expenditures shall be submitted or recommended to the. City Council, except on report or approval of the City; Manager. J) To make investigations into the affairs of the City, and any de- partment or division thereof, and any contract, or the proper per - -una suoile2ilgo due Io oauerruol ping to the City. (k) To investigate all com plaints in relation to matters con cerning the administration of thr City government and in regard tc the service maintained by public utilities in the City, and to see that all franchises, permits and privi. leges granted by the City are faithfully performed and observed (1) To- exercise general super. vision over all public buildings. public parks and other public pro. perty which are under the control and jurisdiction of the City Coun- cil and not specifically delegated to a particular board or officer. (m) To devote his entire time to the duties of his office and the interests of the City of Newport Beach. (n) To provide leadership for civic movements designed to bene- fit the residents of the City when so authorized by the City Coun- cil. (o) To perform such other du- ties and exercise such other pow- ers as may be delegated to him from time to time by Ordinance or resolution of the City Council, SECTION 7: Orders and Direc- tions. The City Council and its members shall deal with the ad- ministrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any members thereof shall give or- ders to any subordinates of the City Manager. SECTION S: Removal. The re- moval of the City Manager shall be only on a majority vote of the whole Council. (Subject, however, to the provisions of the next sur- ceeding section). In case of his intended removal by the Council, the City Manager shall be furn- ished with a written notice stating the Council's intention to remove him and the reasons therefor, at least thirty days before the effec- tive date of his removal. Within seven days after the de- livery to the City Manager of such notice, he may by written notifica- tion to the City Clerk, request a public hearing before the Council. Thereafter the Council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the thirty day period, and at which the City Manager shall appear and be heard. After furnishing the City Man- ager with written notice of in- tended 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 public hearing. In removing the City Manager the City Council shall use its un- controlled 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 publicly present to the City Council his grounds of opposition to removal prior to its action. SECTION 9: Removal after Municipal Election. Notwithstand- ing the provisions of this Ordi- nance hereinbefore enumerated, the City Manager shall not be re- moved from office during or with- in a period of 90 days next succed- ing any general municipal election held in said City at which said election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member to 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 i' 0 expiration of said ninety day pe- -. • riod aforementioned, the provi -'- sions of the preceding section as to the removal of said Manager.- shall apply and be effective. SECTION 10: Civil Service. The exercise of the powers and duties . of the City Manager herein, and the provisions of this Ordinance, shall be subject to the Civil Serv- ice Ordinance of the City of New- port Beach. SECTION 11: Constitutionality. If any section, subsection, sen -: tence, clause or phrase of this or- dinance is for any reason held to be unconstitutional, such decision 1 shall not- affect the validity of the remaining portions of this Ordin- ance. The City Council of the City of Newport Beach hereby de-, clares that if would have passed this Ordinance and each section, sub - section, sentence, clause and r phrase thereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses or phrases be declared' unconstitu- tional. SECTION 12: The above and foregoing Ordinance No. 575', shall be published once in the. NEWPORT BALBOA NEWS -. TIMES, a newspaper of general circulation printed, published and circulated in the City of Newport Beach, and shall take effect and be in force thirty days after its adoption. • I hereby certify that the fore= going Ordinance was introduced,- at a regular meeting of the City Council of the City of Newport Beach field on the 8th day of" March, 1948, and was finally pass- ed and adopted on the 22nd day of March, 1948, by the City Coun- cil at a regular meeting thereof,' by the following roll call vote, to- wit: AYES, COUNCILMEN: A 11 a n, Slier, Robertson, Reed. NOES, COUNCILMEN: None. ABSENT, COUNCLIMEN: Isbell. ATTEST: Frank L. Rinehart, City Clerk. The above and foregoing is sign- ed and approved by me this 22nd day of March, 1948. O. B. REED, Mayor. 0 L STATE OF CALIFORNIA COUNTY OF ORANGE 1SS. CITY OF NEWPORT BEACH )) I- ----------- - - - - -- '... PUR ST ------------------------------------------- City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing --- Prflinance --------- No ------- 57- 5 ---------------- was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ----- 22ndday, of ----- March --------- 19-- � ------ by the following vote: AYES: COUNCILMEN ----- All e-[ la--- B11er.*-.- Roberte. oIIr--H eHd -- ----- ------- ---- --- -- - - - - -- • NOES: COUNCILMEN ABSENT: COUNCILMEN .......Isbell Dated this ...... day of ......-�-`` ...........................° 19-4---°---- City Clerk and Ex- Officio Clerk of the City Council, City of Newport Beach, State of California. •