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• <br />• <br />• <br />ORDINANCE NO. 57$ <br />Ordinance of the City of Newport <br />Beach Creating and Establishing <br />a City Manager Form of GoW- <br />f6rnment for Said City; Defining <br />the Authority, Powers and Du- <br />ties of the City Manager, and <br />Repealing All Ordinances in <br />Conflict Therewith. <br />The City Council of the City of <br />Newport Beach does ordain as fol. <br />lows: <br />SECTION 1: Office of City <br />Manager Created. The office of <br />City Manager of the City of New- <br />port Beath is hereby created'and <br />established. The City Manager <br />shall be appointed by the City <br />Council 'solely on the basis of hi <br />executive qualifications and abil. <br />ity, and shall hold office at and <br />during the pleasure of the City <br />Council. <br />9RZ' ION'2:: Eligibility. 'Rest. <br />Bence in the City of Newport <br />Beach, at the time of appointment <br />shall not be required as a condi <br />tion of appointment. <br />No person elected to mefsk& <br />Alp on file City Council =_Sian, <br />subsequent to such election. be <br />eligible for appointment as City <br />Manager of the City of Newport <br />-Beach until one year has elapsed <br />after he has ceased to be a mem- <br />ber of the City Council. <br />SECTION 3: Bond. The City <br />Manager shall furnish a corporate <br />.surety bond to be approved by the <br />'City Council in such sum as 'm'ay <br />be determined by the City Coun- <br />cil and shall be conditioned' on the <br />faithful performance of the duties <br />imposed on the City Manager as <br />herein prescribed. <br />fSECITON d: Ahseme. in case <br />of the absence or disability of the <br />city Manager, the City Council <br />may designate some duly qualified <br />person to perform the duties of the <br />City Manager, during the period <br />of absence or disability of said <br />City Manager, subject, however, <br />to said person furnishing a corpor- <br />ate Surety bond conditioned on <br />faithful performance of the duties <br />required to be performed, as set <br />forth in SECTION 3 herein. <br />SECTION 5: Compensation. The <br />City Manager shall receive such <br />.compensation as the City Council <br />shall from time to time determine <br />and fix by resolution, and said <br />compensation shall be a proper <br />charge against such funds of the <br />City that the City Council shall <br />. designate. <br />Said City Manager shall be re- <br />imbursed for all sums necessarily <br />incurrred or paid by him in the <br />performance of his duties, or in• <br />curred when traveling on business <br />pertaining to said Clty -under dl -- - <br />rection of the City Council: reim- <br />bursement shall only be made, <br />however, when a verified itemized <br />claim, setting forth the sums ex- <br />pended for which reimbursement <br />is requested, has been presented to <br />the City Council, and by said City <br />Council duly approved and allowed. <br />SECTION 6: Powers and Du- <br />ties. The City Manager shall be <br />the- administrative head of the <br />Cyty Government under the direc• <br />Yion and control of the City Coun. <br />cil, except as otherwise provided in <br />this Ordinance. He shall be re- <br />sponsible for the efficient adminis- <br />tration of all the affairs of the <br />City which are under his control. <br />In addition to his general powers <br />as administrative head, and not as <br />a limitation thereon, it shall be his <br />duty and he shall have the power: <br />(a) To see that all laws and <br />Ordinances of the City are duly <br />enforced, and that all franchises, <br />permits and privileges granted by <br />the City are faithfully observed. <br />(b) To control, order and give <br />direction to all heads of depart- <br />ments. subordinate officers and <br />employees of the City, except the <br />City Clerk, City Treasurer and <br />City Attorney; and to transfer em- <br />ployees from one department to <br />another; and to consolidate or <br />combine offices, positions, depart- <br />ments or units under his direction, <br />provided, however, that nothing <br />herein contained shall be construed <br />to supersede the authority of the <br />MAI Service Board of the City in <br />the matter of classification of City <br />officers or employees. <br />(o) To appoint and remove any <br />officers and employees of the 'City <br />except the City Clerk, City Treas- <br />urer and City Attorney, subject to <br />the "'Clvil Service system in the <br />`f.STy of Newport Beach. <br />(d) To exercise control over <br />all departments of the City except <br />the City Clerk, City Treasuirer 2nd <br />City Attorney. <br />(e) To attend- all meetings of <br />the City Council unless excused <br />therefrom by the Council, except <br />when his removal is under coristd- <br />eratlon by the Courieil. <br />(f) To recommend to the City <br />Council for adoption such meas- <br />ures and ordinances as he deems <br />necessary or expedient. <br />(g) To keep the City Council <br />at all times fully advised as to the <br />financial conditions and needs of <br />the City. <br />(h) To prepare and submit to <br />the City Council the annual <br />budget. <br />(i) To purchase all supplies for <br />all of the departments or divisions <br />of the City. No expenditures shall <br />be submitted or recommended to <br />the. City Council, except on report <br />or approval of the City; Manager. <br />J) To make investigations into <br />the affairs of the City, and any de- <br />partment or division thereof, and <br />any contract, or the proper per - <br />-una suoile2ilgo due Io oauerruol <br />ping to the City. <br />(k) To investigate all com <br />plaints in relation to matters con <br />cerning the administration of thr <br />City government and in regard tc <br />the service maintained by public <br />utilities in the City, and to see that <br />all franchises, permits and privi. <br />leges granted by the City are <br />faithfully performed and observed <br />(1) To- exercise general super. <br />vision over all public buildings. <br />public parks and other public pro. <br />perty which are under the control <br />and jurisdiction of the City Coun- <br />cil and not specifically delegated <br />to a particular board or officer. <br />(m) To devote his entire time <br />to the duties of his office and the <br />interests of the City of Newport <br />Beach. <br />(n) To provide leadership for <br />civic movements designed to bene- <br />fit the residents of the City when <br />so authorized by the City Coun- <br />cil. <br />(o) To perform such other du- <br />ties and exercise such other pow- <br />ers as may be delegated to him <br />from time to time by Ordinance <br />or resolution of the City Council, <br />SECTION 7: Orders and Direc- <br />tions. The City Council and its <br />members shall deal with the ad- <br />ministrative services of the City <br />only through the City Manager, <br />except for the purpose of inquiry, <br />and neither the City Council nor <br />any members thereof shall give or- <br />ders to any subordinates of the <br />City Manager. <br />SECTION S: Removal. The re- <br />moval of the City Manager shall <br />be only on a majority vote of the <br />whole Council. (Subject, however, <br />to the provisions of the next sur- <br />ceeding section). In case of his <br />intended removal by the Council, <br />the City Manager shall be furn- <br />ished with a written notice stating <br />the Council's intention to remove <br />him and the reasons therefor, at <br />least thirty days before the effec- <br />tive date of his removal. <br />Within seven days after the de- <br />livery to the City Manager of such <br />notice, he may by written notifica- <br />tion to the City Clerk, request a <br />public hearing before the Council. <br />Thereafter the Council shall fix a <br />time for the public hearing which <br />shall be held at its usual meeting <br />place, but before the expiration of <br />the thirty day period, and at which <br />the City Manager shall appear and <br />be heard. <br />After furnishing the City Man- <br />ager with written notice of in- <br />tended removal, the City Council <br />may suspend him from duty, but <br />his compensation shall continue <br />until his removal by resolution of <br />the Council passed subsequent to <br />the aforesaid public hearing. <br />In removing the City Manager <br />the City Council shall use its un- <br />controlled discretion and its action <br />shall be final and shall not depend <br />upon any particular showing or <br />degree of proof at the hearing; the <br />purpose of which is to allow the <br />City Manager to publicly present <br />to the City Council his grounds of <br />opposition to removal prior to its <br />action. <br />SECTION 9: Removal after <br />Municipal Election. Notwithstand- <br />ing the provisions of this Ordi- <br />nance hereinbefore enumerated, <br />the City Manager shall not be re- <br />moved from office during or with- <br />in a period of 90 days next succed- <br />ing any general municipal election <br />held in said City at which said <br />election a member of the City <br />Council is elected; the purpose of <br />this provision is to allow any <br />newly elected member to the City <br />Council or a reorganized City <br />Council to observe the actions <br />and ability of the City Manager in <br />the performance of the powers <br />and duties of his office. After the <br />