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HomeMy Public PortalAboutOrd. 0696r~ ORDINANCE N0. 696 AN ORDINANCE ESTABLISHING THE OFFICE OF CITY MANAGER OF TI~ CITY OF LYNWOOD, DEFINING THE POWER AND DUTIES OF THE MANAGER, AND REPEAL- ING ORDINANCE N0. 417 OF SAID CITY. The City Council of the City of Lynwood does hereby ordain as follows: Section l: (a) The office of City Manager is hereby created and established. The City Manager shall be appointed by the City Council solely on the basis of his administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the City Council. No person elected. to member- ship on the City Council or appointed by the City Council to fill a vacancy occurring on the City Council shall, subsequent to such election or appointment, be eligible for appointment as City Manager until one year has elapsed. following the expiration of the term for which he was elected or appointed. (b) The City Manager may be suspended or removed by the City Council only as follows: The City Council shall, by order or resolution, signify its intention to remove the City Manager from office, and shall include therein its reason therefor, and may, at its option, suspend said City Manager from office pending final action by the City Council. Within five (5) days after the adoption of said. order or resolution, the City Clerk shall deliver personally or by mail to the City Manager a certified. copy of said order or resolution. Within seven (7) days after the delivery to him of a certified copy of said order or resolution, the City Mana~er may demand. a public hearing, or a hearing at an executive session of the City Council, at his option, by delivering personally or by mail to the City Clerk a demand, in writing, for such hearing. Such demand shall specify whether the City Manager demands a public hearing, or a hearing in executive session. If no demand is filed, as hereinabove provided, the City Council may, by ord.er or resolution, remove the City Manager from office at a regular or a special meeting of the City Council. -1- .< If a demand for a hearing is filed by the City Manager as hereinabove provided, the City Council shall set a time for said hearing which shall not be less than ten (10) days nor more than thirty (30) days from the date said. demand is delivered to the City Clerk, and a written notice of the time and place of said hearing shall be delivered personally or by mail to the City Manager not less than seven (7) days prior to the time set for the hearing. The City Council, in passing upon the question as to whether or not the City Manager shall be removed shall use its uncontrolled discretion and its action shall be £inal and sha11 not depend upon any particular showing or d.egree of proof at the hearing, the purpose o£ which is to allow the City Manager to present to the City Council his grounds of opposition to his removal prior to its final action. The salary of the City Manager shall continue until the final action of the City Council. (c) Notwithstanding the provisions of Section (a) and (b) of this section, the City Mana~er shall not be removed from office during or within a period of ninety (90) d.ays 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 provision 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 d.uties of his office. Section 2: In case of the absence, suspension or disability of the City Manager, the Assistant Administrative Officer of the City shall perform the duties o£ the City Manager during the period of absence, suspension, or disability of the City Manager. In case o£ the absence, suspension, or disability of the Assistant Administrative 0£ficer, the City Couneil may designate some qualified City employee to perform the duties of City Manager during the absence, suspension, or disability o£ the City Manager. Section 3: The City Manager shall be the administrative head of the government o£ the City, under the d.irection and control of the City Council. He shall be responsible for the efficient adminis- -2- tration of all the affairs of the City which are und.er 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 powers set forth in this ordinance, including but not limited to the following: (a) To see that all laws and ord.inances are fully enforced. (b) To employ, d3scipline or remove all heads of depart- ments, and all subordinate officers and employees of the City, acting jointly with the City Council in the case of department head.s, and jointly with the heads of departments in the case of all other officers or employees. Such action shall be taken pursuant to the provisions of the Personnel Rules and Regulations and the Personnel Ordinance. Nothing herein contained shall apply, however, to the City Attorney, City Treasurer, or City Clerk. (c) To transfer employees from one department to another and. to consolidate or combine offices, positions, departments or units und.er his jurisdiction with the approval of the City Council in each instance. (d) To exercise control over all d.epartments and divisions of the City government and over all appointive officers and employees thereof, sub~ect to the approval of the City Council. (e) Supervise the purchase of all of the supplies for all of the departments or divisions of the city, and. no expenditure shall be submitted or recommended to the City Council except upon report or approval of the City Manager. (f) To make investigations into the affairs of the city or any department or division thereof, or any contract, or the proper per£ormance o£ any obligation running to the City. (g) To investigate all complaints in relation to all matters concerning the government of the City and in regard to the service maintained by public utilities in the City, and to see that all fran- chises, permits, and privileges granted by the City are faithfully observed. (h) To exercise general supervision over all public buildings, -3- public parks, and other public property which is und.er the control and. ~urisdiction of the City Council. (i) To attend all meetings of the City Council and its committees, unless excused therefrom by theCity Council or the committee, except when his removal is under consideration by the City Council. (~) To recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. (k) To keep the City Council at all times advised as to the financial cond.ition and needs of the City. (1) To prepare and submit to the City Council the annual bud~et. (m) To devote his entire time to the duties and interests of the city. (n) To perform such other duties and exercise such other powers as may be delegated by ordinance or resolution of the City Council. Section 4: Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager, and neither the City Council, nor any member thereof, shall give ord.ers to any of the subordinates of the City Manager. Section 5: The City Manager shall receive such salary as the City Council shall from time to time determine and fix by resolu- tion or order. Section 6: Ordinance No. 417 of the City of Lynwood. is hereby repealed, and all ord.inances or parts of ordinances conflicting or inconsistent with the provisions of this ordinance are hereby repealed. Section 7: The City Council hereby declares that should. any section, paragraph, sentence, or word of this ord.inance be declared. for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance inde- pendent of the elimination herefrom of any such portion as may be -4- declared invalid. Section 8. The City Clerk is hereby ord.ered. and directed to certify to the passage of this ordinance and to cause the same to be published. once in the Lynwood. Press, a newspaper of general circulation printed., published, and. circulated in the City of Lynwood. First read. at a regular meeting of the City Council of said City held on the lst day of December, 1959, and finally adopted and. ordered published at a regular meeting of said Council held on the 15th day of December, 1959, by the following vote: Ayes: Councilmen English, Finch, Pender, Rowe, Summers. Noes: Councilmen None. Absent: Councilmen None. . ~yor~rt~ie Z`i~ y o~Lynw'oo AT ' T: ~`~, A , STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES: ss. CITY OF LYNWOOD ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of ordinance No. 696 adopted by the City Council of the City of Lynwood and that same was passed on the date and by the vote therein stated. Dated this 16th day of December , 1~ 5~. \ L 00