Chapter 31 — CITY OFFICIALS AND EMPLOYEES

There is hereby created in the unclassified service of the city the position of Chief Executive Officer, (hereinafter referred to as "CEO") who shall serve directly under the supervision and control of the Council in a purely at will, administrative capacity and whose powers and duties shall be as set forth in §§ 31.02 through 31.06. ('83 Code, § 2.04.010)(Am. Ord. 1131, passed 5-6-98)

No member of the City Council shall be eligible for an appointment as CEO during his term as such, nor within one year after he has ceased to be a member of the Council.

('83 Code, § 2.04.020) (Am. Ord. 1131, passed 5-6-98)

(A) The CEO shall plan, direct, and supervise the appointed department heads in the operations of the City. The CEO shall advise the City Council of the ongoing affairs of the City and receive and implement, as appropriate, policy direction from the City Council. The CEO shall provide administrative direction for all department heads and the “E”Team, and oversee the municipal and redevelopment service functions and activities.

(B) The CEO shall direct and participate in the development and implementation of goals, objectives, policies, and procedures for the city government, as directed by the City Council, including the city's economic development and housing programs.

(C) The CEO shall assist the City Council by coordinating, through the "E"-team, the various departments, divisions and services of the City government. The CEO shall also confer with the "E"-team concerning administrative and operational problems, and make appropriate decisions and recommendations.

(D) The CEO shall provide administrative oversight, support motivation and coordination of the City's Executive Team ("E"-Team). The CEO shall preside at all "E"-Team meetings as the Chairperson of the "E"-Team.

(E) The CEO shall conduct ongoing evaluations of all city departments to ensure that there is a consistent and high level of effectiveness and efficiency in all services provided

(F) The CEO shall conduct personnel evaluations of all department heads at a minimum of an annual basis on behalf of the City Council. Evaluations of department heads will be reviewed by the City Council upon completion. The CEO shall also be responsible for the administration of the personnel division. The CEO shall designate a qualified officer or employee of the City to act as Personnel Officer. The City Council shall be informed of all recruitment hiring, termination, and promotions of City personnel.

(G) The CEO shall communicate new ideas proposed by department heads and employees with respect to the operations of the City Council.

(H) The CEO shall ensure that the City Council is informed on all significant matters, especially with respect to finance and the economic well-being of the City. The CEO shall develop a mechanism, including weekly updates, to ensure full Communication between city staff and the City Council.

(I) The CEO shall tactfully and diplomatically present professional views, concerns and short-term/long-range implications of proposed policy action which may be under considerations, within the context of the uniqueness of Baldwin Park, while also being committed to ensuring that all Council decisions are enacted in a timely, effective, professional and impartial manner. The CEO shall perform an evaluation with respect to whether the policies of the City Council have been enacted.

(J) The CEO shall attend meetings of the Council with duty of reporting on or discussing any matter concerning the affairs of the departments, services, or activities upon which in his judgment the Council should be informed.

(K) The CEO shall assist the Council and the "E"-Team in coordinating the administrative functions and operations of the various departments, divisions and services of the city government, and, on its behalf, carry out the policies, rules and regulations and ordinances adopted but it, relating to the administrative of the affairs of such departments, divisions or services,

(L) The CEO shall bring to the attention of the council problem areas which require council intervention. The CEO shall have the full authority to access all documents and computer records within each respective department for audit and evaluation purposes.

(M) The CEO shall cooperate with all community organizations whose aim and purpose it is to advance the spiritual and material interests of the city and its people and to provide them with assistance through the city government. He or she shall encourage direct contact between City Councilmembers and said community organizations.

(N) The CEO shall not exercise any policy-making or legislative functions whatsoever nor attempt to commit or bind the Council or any member thereof to any action, plan or program requiring official Council action. It is not intended by this Chapter to grant any authority to, or impose any duty upon said CEO which is vested in or imposed by general law or valid ordinances in any other City commission, board, department, officer or employee.

(O) The CEO shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his contacts with the public and with all City commissions, boards, departments, officers and employees and shall use his best efforts to establish and maintain a harmonious relationship between all personnel employees in the government of the city to the end that highest possible standards of public service be continuously maintained

(P) The CEO shall perform such other duties as may be required of him or her from time to time by the City Council.

(Q) The CEO shall inform the City Council of all media contacts or communications directed at the city and shall coordinate the City's responses to media inquiries. The CEO may be the spokesperson for the city on a case by cases basis where authorized by the City Council; however, when the CEO serves as media spokesperson, the City Council shall not be prohibited from or impeded from or impeded in any way from communicating with the media.

(R) The CEO shall monitor each department in the preparation and submittal to the Council of the itemized annual estimates of expenditures required by any of the departments for capital outlay, salaries, wages and miscellaneous operating costs: to ensure and facilitate the presentation of a preliminary consolidated municipal budget and ensure the submittal of same to the Council before the 15th of June of each year with such recommendations as to such changes which he deems advisable.

(S) The CEO shall monitor the administration of the budget by each of the departments after its final adoption and keep the Council informed with respect thereto.

(T) The CEO shall monitor and inform the Council of the expenditures of all departments, divisions or services of the city government and appoint a purchasing agent upon council confirmation, for the purchase of all supplies, goods, wares, merchandise, equipment and material which may be required for any of such departments, divisions or services.

(U) The CEO shall interpret, analyze and explain the city's policies, procedures and programs.

(V) The CEO shall be the Emergency Services Director and shall coordinate emergency services as required by local, state and federal law.

(W) The CEO shall plan, direct, supervise, coordinate, and evaluate persons appointed to the Personnel/Risk Manager position in the same manner as is established by this section for department heads. The CEO may delegate these responsibilities as appropriate for administration of city operations. The positions of department head and manager are those described in § 33.05(B)(1) of this Code.

(‘83 Code, § 2.04.030) (Ord. 845, passed - - 82; Am. Ord. 1131, passed 5-6-98; Am. Ord. 1146, passed 10-6-99; Am. Ord. 1225, passed 2-18-04; Am. Ord. 1226, passed 3-3-04)

• (A) The CEO shall serve at the pleasure of the City Council, but he shall not be removed from office except:

• (1) At a regular, adjourned regular, or special meeting of the City Council; and

• (2) By a motion carried by not less than the affirmative votes of three members of the City Council.

• (B) In removing the CEO, the City Council shall use its uncontrolled discretion, and its action shall be final and conclusive.

• ('83 Code, § 2.04.040) (Am. Ord. 1131, passed 5-6-98)

The City Council shall, from time to time, establish the compensation to be paid to the CEO, including, but not limited to, appropriate fringe benefits.

('83 Code, § 2.04.050) (Am. Ord. 1131, passed 5-6-98)

All references in the Baldwin Park Municipal Code and ordinances and resolutions of the City Council to the office or position of the "City Manager" and the like shall mean and refer to the CEO except where such provisions are inconsistent with Urgency Ordinance 1074 and 1110 and the provisions of §§ 31.01 to 31.06 unless the context of such a reference may require otherwise. Sections 31.01 to 31.06 shall take precedence with respect to any conflicts with Urgency Ordinance 1074 and 1110.

('83 Code, § 2.04.060) (Ord. 845, passed - -82; Am. Ord. 1131, passed 5-6-98)

Editor's Note: The city from time to time operates under alternative procedures in the absence of a City Manager. At the time of this codification, Urgency Ord. 1074, passed 10-20-93, as amended by Ord. 1110, passed 1-17-96, delegates authority and functions to various department heads.

CITY ATTORNEY

The part-time position of the City Attorney for the city is created. ('83 Code, § 2.16.010)

Statutory reference:

City Attorney, see Cal. Gov't Code §§ 41801 et seq.

The City Council shall appoint a qualified person to the position of City Attorney. No person shall be eligible for appointment thereto unless he has been admitted to the practice of law in the state for at least five years. ('83 Code, § 2.16.020)

The City Attorney shall act as the legal advisor to all officers and employees of the city. ('83 Code, § 2.16.030)

With the approval of the City Manager, the City Attorney may appoint qualified persons as deputies. Compensation for such deputies, if any, shall be established by the City Council. With the approval of the City Council, special counsel may be appointed for special projects or matters in litigation. ('83 Code, § 2.16.040)

The City Attorney shall serve at the pleasure of the City Council, and may be removed, at any time, upon an affirmative vote of not less than three members of the Council. ('83 Code, § 2.16.050)

The compensation for the position of City Attorney shall be set, from time to time, by resolution of the City Council. ('83 Code, § 2.16.060)

CITY CLERK; CITY TREASURER

The duties of the City Clerk and City Treasurer shall be those established by applicable law, and such other duties, consistent therewith, as may be assigned to those positions by the City Council. ('83 Code, § 2.20.010)

Statutory references:

City Clerk, see Cal. Gov't Code §§ 40801 et seq.

City Treasurer, see Cal. Gov't Code §§ 41001 et seq.

Cross-reference:

Date of elections for City Clerk and City Treasurer, see § 30.05

The City Council shall, by resolution, from time to time, establish the compensation for the positions of City Clerk and City Treasurer. ('83 Code, § 2.20.020)

§ 31.32 EXPENSES.

Subject to the approval of the City Council, the City Clerk and City Treasurer shall be entitled to advances and/or reimbursement for expenditures actually made or incurred, or, required to be made, in the respective performance of their official duties.

('83 Code, § 2.20.030)

Both the City Clerk and the City Treasurer shall have the authority to appoint deputies to assist in the performance of their respective duties. Compensation, if any, for those positions shall be established by the City Council. ('83 Code, § 2.20.040)

DIRECTOR OF ADMINISTRATIVE SERVICES

There is created and established the office of Director of Administrative Services. The office of Director of Administrative Services may be combined by the City Manager, with the approval of the City Council, with any other office or position having duties which are not inconsistent therewith. ('83 Code, § 2.24.010)

The Director of Administrative Services shall be the head of the Finance Department of the city, and, under the direction of the City Manager, shall:

(A) Perform all the financial and accounting duties heretofore imposed upon the City Clerk, and the City Clerk shall be relieved of such duties, including all duties imposed upon the City Clerk by Cal. Gov't Code §§ 40802 through 40805; and

(B) Perform such other duties as may be imposed upon him by law or by this code, or by the City Manager, or by the City Council.

('83 Code, § 2.24.020)

The Director of Administrative Services shall execute a surety bond in an amount set by the City Council, the premium on which shall be paid by the city. ('83 Code, § 2.24.030)

POLICE AND PUBLIC SAFETY OFFICERS

The city desires to qualify to receive aid from the state under provisions of Cal. Penal Code § 13522, Chapter I, of Title 4, Part 4. Pursuant to Cal. Penal Code § 13510(c), Chapter I, the Police Department will adhere to standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (P.O.S.T.). Pursuant to Cal. Penal Code § 13512, Chapter I, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the Police Department's public safety dispatcher

personnel adhere to the standards for selection and training established by the Commission on Peace Officer Standards and Training.

('83 Code, § 1.30.010) (Ord. 1013, passed - -89)