Dos Palos Municipal Code Title 2 Administration and Personnel

9 (Dos Palos 9~98)

2.04.010

Chapter 2.04 rated by the number of days served. Only the first
or outgoing official shall be paid for the transition
COUNCIL* day. (Ord. 344, 1997)

Sections: 2.04.040 Salaries-Reimbursements.

formance of official duties for the city. (Ord. 137 §

5, 1965)

• For statutory provisions for scheduJing of city council meetings, see Gov. Code §§ 36805-36809; for statutory provisions autho- rizing the city council to establish rules for the conduct of its 2.04.050 Organization-Terms of office. proceedings, see Gov. Code § 36813; for statutory provisions for The Dos Palos city council shall be composed of compensation for council members. see Gov. Code §§ five members, a mayor and four city councilmem- 36514-36516.5. bers, all of whom shall be residents and electors of the city.2.04.010 Meetings. The mayor shall be elected separately and serve All official meetings of the council shall be held a two-year term of office. The mayor may serveat the City Hall located at 1546 Golden Gate Ave- successive terms.nue in said city and at such other locations as may Councilmembers shall serve four-year termsbe occupied by the City Hall at any future time, and staggered so that two of the four councilmembers'the regular meetings y;ill be held on the 1st and 3rd terms expire every two years. A councilmemberTuesdays of each month at seven p.m. of said days, may serve successive terms.except when any of said days of meeting shall be a The council shall elect a mayor pro-tempore fromlegal holiday, in which event, said regular meeting among its members at its annual organizationalshall be held on the next business day following. meeting or upon the vacancy of the mayor pro-tem-(Ord. 216 § 1, 1978: Ord. 180 § 3 (b), 1974: Ord. pore position. The mayor pro-tempore shall serve as99 § 1, 1959; Ord. 1 § 1, 1935) acting mayor upon the vacancy of the office of mayor until a replacement is determined.2.04.020 Salaries. In the event of a vacancy on the city council, the Each member of the city council currently serving vacant position may be filled by either city councilin office shall receive a salary of seventy-five dol- appointment orby special election. (Ord. 312 (part),lars per month, as prescribed in Section 36516 of 1992)the California Government Code, statutes of 1984,

for cities up to and including thirty-five thousand in

The Dos Palos city council shall fill the positions Each person currently serving as city clerk, city of city clerk and city treasurer by appointment be-treasurer, or fire chief shall receive a salary of sev- ginning November 17, 1992. The city clerk and theenty-five dollars per month. city treasurer shall serve appointed two-year terms. All officials covered in this section shall have the The city council shall fill any unexpired terms byoption of receiving salary payments monthly, or appointment for the remaining term. The city clerksemi-annually in June and in December. No official and the city treasurer must be residents and electorsis to be paid in advance of service. of the city of Dos Palos. The city clerk and the city When more than one person serves in the same treasurer may serve successive terms of office.position in the same month, salaries shall be pro

11 (Dos Pa1os 9-98)

2.04.060

The city clerk and the city treasurer shall not be removed from office during or within a period of ninety days next succeeding any general municipal election held in the city at which election a member of the council is elected. The purpose of this provi- sion is to peffilit time for any newly elected member of the council to obseIVe the actions and abilities of the city clerk or city treasurer in the perfoffilance of the powers and duties of the office. The city clerlc and the city treasurer may be removed from office only after the expiration of the ninety day period. (Ord. 312 (part), 1992)

(Dos Palos 9-98) 12

2.08.010

Chapter 2.08 his administrative and executive ability and qualifi-
cations and shall hold office for and during the
CITY MANAGER pleasure of the city council. (Ord. 264 § 2 (part),
1984)

councilmen for office. No member of the city council shall be eligible

removal. furnish a corporate surety bond to be approved by

of offices. by the city council, and shall be conditioned upon

purchasing. 2.08.040 Acting city manager.

2.08.240 Departmental cooperation. or department head as acting city manager. (Ord. 2.08.250 Removal-Notice. 264 § 2 (part), 1984)

hearing. 2.08.050 Compensation-Expenses.

proper charge against such funds of the city as the

The office of the city manager of the city is B. The city manager shall be reimbursed for all created and established. The city manager shall be sums necessarily incurred or paid by him in the appointed by the city council wholly on the basis of performance of his duties or incurred when traveling

13 (Dos Palos 9--98)

2.08.050

on business pertaining to the city under the direction 2.08.100 Administrative reorganization of t'"''~ of the council. Reimbursement shall only be made, offices. ? however, when a verified itemized claim, setting It shall be the duty and responsibility of the city forth the sums expended for such business for which manager to conduct studies and recommend to the reimbursement is requested, has been presented to city council such administrative reorganization of the council for approval. (Ord. 264 § 2 (part), 1984) offices, positions or units under his direction as may be indicated in the interest of efficient, effective and

The city manager shall be the administrative head § 2 (part), 1984) of the government of the city under the direction and control of the city council. He shall be responsi- 2.08.110 Investigations and complaints. ble for the efficient administration of all the affairs It shall be the duty of the city manager to make of the city which are under his control. In addition investigations into the •affairs of the city and any to his general powers as administrative head, and department or division thereof, and any contract or not as a limitation thereon, it shall be his duty and the proper performance of any obligations of the he shall have the powers set ,forth in Sections city. Further, it shall be the duty of the city manager 2.08.070through 2.08.210 of this chapter. (Ord. 264 to investigate all complaints in relation to matters § 2- (part), 1984) conceming the administration of the city govern- ment and in regard to the service -maintained-by

It shall be the duty of the city manager to enforce 1984) all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges 2.08.120 Ordinances. granted by the city council are faithfully observed. It shall be the duty of the city manager and city (Ord. 264 § 2 (part), 1984) attorney to recommend to the city council for adop- tion such measures and ordinances as they deem

It shall be the duty of the city manager, and he shall have the authority to control, order and give 2.08.130 Attendance at council meetings. directions to all heads of departments and to subor- It shall be the duty of the city manager to attend dinate officers and employees of the city under his all meetings of the city council unless at his request jurisdiction through their department heads. (Ord. he is excused therefrom by the mayor individually 264 § 2 (part), 1984) or the city council, except when his removal is under consideration. (Ord. 264 § 2 (part), 1984)

removal. 2.08.150 Budget. It shall be the duty of the city manager to, and he It shall be the duty of the city manager to prepare shall appoint, remove, promote and demote any and the annual budget. Each department and division of all department heads, officers and employees of the the city shall submit itemized estimates of expendi- city, subject to all applicable personnel ordinances, tures required by them for capital outlay, salaries, rules and regulations, with the exception of the city wages; and miscellaneous operating costs to the city clerk, city attorney and city treasurer. The city man- . manager. Toe city manager shall submit the depart- ager is solely responsible. for the disciplining and ment and division proposed expenditures to the supervision of department heads. (Ord. 264 § 2 council before the first day of each year together (part), 1984)

(Dos Palos 9-98) 14

2.08.150

with his recommendations for increases and decreas- The city manager will determine all actual and es. (Ord. 264 § 2 (part), 1984) proper names for each unnamed or new street, road, alley, avenue, bank, boulevard, canal, canalbank,

It shall be the duty of the city manager to provide height, highway, hill, junction, lane, loop, park, the council with a certified public audit of all mu- parlcway, pike, place, plaza, route, square, terrace, nicipal finances at the end of the fiscal year, and trail, way, or other public way within the city of keep the council at all times fully advised as to the Dos Palos or which is under the control or jurisdic- financial condition and needs of the city. (Ord. 264 tion of the city council, shown on the final map of § 2 (part), 1984) a subdivision. Names shall be subject to city council approval.

purchasing. ing public names if a change is requested by the It shall be the duty of the city manager to see that United States Postal Service or for public safety no expenditures shall be submitted or recommended reasons as requested by the fire department or Jaw to the city council except on approval of the city enforcement agency with jurisdiction in the area of manager or his authorized representative. The city the requested change. Names shall be subject to city manager, or his authorized representative, shall be council approval. (Ord. 301, 1990) responsible for the purchase of all supplies for all the departments or divisions of the city. (Ord. 264 2.08.190 Salary plan. § 2 (part), 1984) It shall be the duty of the city manager to annu- ally recommend to the governing body a standard

It shall be the duty of the city manager and he tion in the city service, including minimum, inter- shall exercise general supervision over all public mediate, and maximum rates. (Ord. 264 § 2 (part), buildings, public parlcs, and all other public property 1984) which are under the control and jurisdiction of the city council. (Ord. 264 § 2 (part), 1984) 2.08.200 Emergencies. In case of accident, disaster, or other circumstanc-

It shall be the duty of the city manager to provide may make purchases for the purpose of meeting names for all unnamed or new streets, roads, alleys, such emergency up to five thousand dollars; but he avenues, banks, boulevards, canals, canalbanks, shall file promptly with the council a certificate circles, courts, cul-de-sacs, drives, expressways, showing such emergency and the necessity for such freeways, heights, highways, hills, junctions, lanes, action, together with an itemized account of all loops, parlcs, parkways, pikes, places, plazas, routes, expenditures. (Ord. 264 § 2 (part). 1984) squares, terraces, trails, ways, or other public ways within the city of Dos Palos or which are under 2.08.210 Additional duties. control or jurisdiction of the city council. The city It shall be the duty of the city manager to per- manager shall consider names of local historical and form such other duties and exercise such other pow- geographical significance and shall attempt to main- ers as may be delegated to him from time to time tain the existing pattern of designating north/south by ordinance or resolution or other official action of public ways as avenues and east/west public ways the city council. (Ord. 264 § 2 (part), 1984) as streets. Names shall be subject to city council approval.

14-1 (Dos Palos 9-98)

2.08.220

2.08.220 Internal relations. Toe city council shall appoint from time to time an ombudsman to act as an intennediary between the employees and the management, the sole pur- pose of the ombudsman being a liaison for infonnation exchange only, with no fear of repercus- sion from city management It is intended that any relationship with the ombudsman by anyone would be with complete anonymity. (Ord. 264 § 2 (part), . 1984)

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(Dos Palos 9-98) 14-2

2.08.230

2.08.230 Council-manager relations. 2.08.270 Removal-Hearing. The city council and its members shall deal Within seven days after the delivery to the city with the administrative services of the city only manager of the notice required by the provisions through the city manager, except for the purpose of Section 2.08.250 of this chapter, he may, by of inquiry, and neither the city council nor any written notification to the city clerk, request a member thereof shall give orders or instructions hearing before the council. Thereafter the coun- to any subordinates of the _city manager. The city cil shall fix a time for the hearing, which shall be manager shall take his orders and instructions held in the usual meeting place of the council and from the city council only when sitting in a duly before the expiration of the thirty-day period, at convened meeting of the city council and no which time and place the city manager shall individual councilman shall give any orders or appear and be heard, with or without counsel. instruction to the city manager. (Ord. 264 § 2 (Ord. 264 § 2 (part), 1984) (part), 1984)

It shall be the duty of all subordinate officers shall use its uncontrolled discretion, and its and the city clerk, city treasurer, and city action shall be final and shall not depend upon attorney to assist the city manager in administer- any particular showing or degree of proof at the ing the affairs of the city efficiently, economically hearing, the purpose of which is to permit the city and harmoniously. (Ord. 264 § 2 (part), 1984) manager to present to the council his grounds of opposition to his removal prior to the action of the council. (Ord. 264 § 2 (part), 1984)

The removal of the city manager shall be only upon a four-fifths vote of the whole council, in a 2.08.290 Removal-Limitation. regular council meeting, subject, however, to the Notwithstanding the provisions of Section provisions of Sections 2.08.260 throu·gh 2.08.250 through 2.08.280 of this chapter, the 2.08.290 of this chapter. In the event of his city manager shall not be removed from office intended removal by the council, the city man- during or within a period of ninety days next ager shall be furnished with a written notice stat- succeeding any general municipal election held ing the council's intention to remove him, and in the city at which election a member of the the reason therefor, at least thirty days before the council is elected. The purpose of this provision effective date of his removal. (Ord. 264 § 2 (part), is to permit any newly elected member of the 1984) council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of2.08.260 Removal-Suspension pending such ninety-day period, the provisions of Sec- hearing. tions 2.08.250 through 2.08.280 of this chapter After furnishing the city manager with the as to the removal of the city manager shall applywritten notice ofintended removal, as set forth in and be effective. (Ord. 264 § 2 (part), 1984)Section 2.08.250 of this chapter, the council may suspend him from duty, but his compensation shall continue until his removal by resolution of 2.08300 Agreements on employment. the council passed subsequent to a requested Nothing in this chapter shall be construed as a hearing. (Ord. 264 § 2 (part), 1984) limitation on the power or authority of the citv

15

2.08.300

council. The council may enter into any supple- mental agreement with the city manager delin- eating additional terms and conditions of employment not inconsistent with any provi- sions of this chapter. (Ord. 264 § 2 (part), 1984)

16

2.12.010

Chapter 2.12 2.12.020 Treasurer.
The official bond of the city treasurer for the
term of said city treasurer, commencing July I,
BONDS* 1956, shall be and the same is fixed and estab-
lished at the sum of one thousand dollars. (Ord.
72 § 2, 1956)Sections:

The official bond of the employees authorized 2.12.030 Other employees. to collect city licenses and delinquent city taxes 2.12.040 Exception. during the appointment of such employees, commencing on July I, 1956, shall be and the "For;tatutory provisions for city officers' official bonds. see Gov. same is fixed and established at the sum of one Code§§ 1652 and 36518-36521. thousand dollars. (Ord. 72 § 3, 1956)

The official bond of the city clerk for the term Until further order of the council, no bond of said city clerk, commencing July I, 1956, shall shall be required of any additional city officials be and the same is fixed and established at the other than those specified in this chapter. (Ord. sum of five thousand dollars. (Ord. 72 § I, 1956) 72 § 4, 1956)

17

2.16.010

Chapter 2.16 C. The assistant director, appointed by the
city manager with the advice and consent of the
council who, under the supervision of the direc- CIVIL DEFENSE DEPARTMENT*
tor, shall develop a civil defense and disaster
program of the city, and shall have such other

Sections: duties as may be assigned by the director;

Director duties. labor, veterans, professional or other organiza-

recommendations. consent of the council. (Ord. 177 § 3, 1974)

*For statutorv authoritv for cities to provide for a chief executive 2.16.030 Council-Powers and duties. who shall hve lhe- right tO exercise police power over the city during calamities. see Gov. Code§ 38791: for provision for civil It shall be the duty of the civil defense and defense workers. lovaltv oaths. see Gov. Code§ 3100: for provi disaster council, and it is empowered, to review sion for local disastr cuncils. see Gov. Code§ 8610: for provi~ and recommend for adoption by the council, sion for rules for civil defense workers, see Gov. Code§ 8580. civil defense and disaster and mutual aid plans and agreements and such ordinances and resolu-

A. Civil Defense. As used in this chapter, implement such plans and agreements. The civil "civil defense" means preparation for and carry- defense and disaster council shall meet upon call ing out of all emergency functions, other than of the chairman or in his absence from the city or functions for which military forces are primarily inability to call such meeting, upon the call of the responsible, to prevent, minimize, and repair vice-chairman. (Ord. 177 § 4, 1974) injury and damage resulting from disasters. It does not include, nor does any provision of this 2.16.040 Director-Powers and duties. chapter apply to any condition relating to a labor There is created the office of director of civil controversy. defense and disaster. Such officer shall be B. Disaster. As used in this chapter, "disaster" appointed by the mayor with the advice and means actual or threatened enemy attack, sabo- consent of the council. The director is tage, extraordinary fire, flood, storm, epidemic, empowered: riot, earthquake or other similar public calamity. A. To request the council to proclaim the exis- (Ord. 177 § 2, 1974) tence or threatened existence of a disaster or an emergency and the termination thereof, if the 2.16.020 •Council-Membership. council is in session, or to issue such proclama- The city civil defense and disaster council is tion if the council is not in session, subject to created and shall consist of the following: confirmation by the council at the earliest prac- A. The mayor, who shall be chairman; ticable time; B. The director of civil defense and disaster, B. To request the Governor to proclaim a who shall be vice-chairman; state of disaster or a state of extreme emergency j ~ q~jJl 18

2.16.040

__ ... -........ _ when in the opinion of the director the resources benefits and immunities as are provided by state of the area or region are inadequate to cope with law for registered civil defense and disaster serv- the disaster; ice volunteers; _ C. To control and direct the effort of the civil D. To requisition necessary personnel or material of any city department or agency; defense and disaster organization of the city for E. To execute all of his ordinary power as city the accomplishmen_t of the purposes of this chap- manager; all of the special powers conferred ter; upon him by this chapter or by resolution D. To direct coordination and cooperation adopted pursuant thereto, all powers conferred between divisions, services and staff of the civil upon him by any statute, agreement approved by defense and disaster organization of this city, and the counci4 or by any other lawful authority, and to resolve questions of authority and responsibil- in conformity with Section 38791 of the Govern- ity that may arise between them; ment Code, to exercise complete authority over E. To represent the civil defense and disaster the city and to exercise all police power vested in organization of this city in all dealings with pub- the city by the constitution and general laws. lic or private agencies pertaining to civil defense (Ord. 177 § 6, 1974) and disaster. (Ord. 177 § S, 1974)

All officers and employees of this-city, together 2.16.050 Proclamation of disaster-Director with those volunteer forces enrolled to aid them duties. during a disaster, and all groups, organizations In the event of the proclamation of a disaster and persons who may by agreement or operation or emergency as provided in Section 2.16.040, or of law, including persons pressed into service the proclamation ofa state of disaster or a state of under the provisions of Section 2.16.050 C, be extreme emergency by the Governor or the charged with duties incident to the protection of Director of the California Disaster Office, the life and property in this city during such disaster, director is empowered: shall constitute the civil defense and disaster A. To make and issue rules and regulations on organization of the city. (Ord. 177 § 7, 1974) matters reasonably related to the protection of 2.16.070 Organization-Establishment. life and property as affected by such disaster, The council shall, concurrently .with the adop- provided, however, that such rules and regula- _ tion of this chapter, adopt a resolution setting tions must be confirmed at the earliest practica- forth the form of organization. establishment ble time by the council; and designation of divisions and services. the B. To obtain vital supplies, equipment and assignment offunctions. duties, and powers. the such other properties found lacking and needed designation of officers and employees. The func- for the protection of the life and property of the tions and duties of the civil defense and disaster people and bind the city for the fair value thereof. organization shall be distributed among such and ifrequired immediately, to commandeer the divisions, services and special staff as the council same for public use; shall prescribe by resolution. (Ord. 177 § 8 (part). C. To require emergency services of any city 1974) officer or employee and. in the event of the proc- 2.16.080 Conformity to state lamation of a state of disaster or a state of recommendations. extreme emergency by the Governor in the Insofar as possible. the form of organization, region which this city is located, to command the titles and terminology shall conform to the rec- aid of as many citizens of this community as he ommendations of the civil defense and disaster thinks necessary in the execution of his duties; agencies of the federal government and the state such persons shall be entitled to all privileges, of California. (Ord. 177 § 8 (part), 1974) •

19

2.20.010