El Segundo Municipal Code Ch. 5 City Officers and Employees 1

Public offices of the City shall be closed on any day designated a holiday by the City Council by resolution or by the Mayor by proclamation. (Ord. 818, 9-18-1973; amd. 2000 Code)

In addition to the performance of their regular and ordinary duties, it shall be the duty of all of the officials of the City and of all police officers, firefighters and other employees of the City, at all times and under all circumstances, to go to the aid of all persons and animals in distress or danger, and render them such help and assistance as lies within the power of the officials, police officers, firefighters or employees. (Ord. 172, 9-7-1930)

In case any official, police officer, firefighter or other employee of the City should be injured while rendering additional services as required by Section 1-5-2 of this Chapter, he or she, as the case may be, shall be deemed to be injured in the course of his or her employment and shall be entitled to workers' compensation therefor, as provided by law. (Ord. 172, 9-7-1930)

A. Refusal To Testify Under Oath: The refusal of any officer or employee of the City to testify under oath before any grand jury having jurisdiction over any then pending cause or inquiry in which the investigation of governmental bribery or misconduct in public office is involved shall constitute good and sufficient grounds for the immediate discharge of the public officer or employee.

B. Furnish Copies To Officers And Employees: The City Clerk is hereby instructed to furnish a copy of subsection A of this Section to each and all of the present officers and employees of the City and to deliver a like copy thereof to each future officer or employee thereof at the time of his induction into Municipal service. (Ord. 438, 6-30-1954)

ARTICLE A. CITY MANAGER

SECTION:

The office of the City Manager is hereby created and established. The City Manager may be appointed by the City Council by resolution wholly on the basis of his administrative and executive ability and qualifications and shall hold office at the will of and for and during the pleasure of the City Council. The City Council may, in its sole discretion, contract with a person meeting the qualifications of this Chapter to perform the duties of City Manager in the manner described in, and subject to, all of the provisions of this Chapter and any additional terms and conditions the City Council determines are necessary and advisable and in the public interest. (Ord. 1143, 8-15-1989)

No person elected as a Council member of the City shall, subsequent to the election, be eligible for appointment as City Manager until one year has elapsed after the Council member has ceased to be a member of the City Council. (Ord. 486, 5-28-1956)

The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the City Council. The bond shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as prescribed in this Article. Any premium for the bond shall be a proper charge against the City. (Ord. 486, 5-28-1956)

In case of the absence or disability of the City Manager, the City Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence or disability of the City Manager, subject, however, to the person furnishing a corporate surety bond conditioned upon the faithful performance of the duties required to be performed as set forth in Section 1-5A-4 of this Article. In case of a vacancy in the office of the City Manager, the City Council may appoint, by resolution or contract, an interim City Manager to serve at the will and pleasure of the Council upon such terms and conditions the City Council determines are necessary and advisable and in the public interest. (Ord. 1143, 8-15-1989)

The City Manager shall receive such compensation, benefits and expense allowance as the City Council shall from time to time determine and fix by resolution or contract, as the case may be. (Ord. 1143, 8-15-1989)

A. General: The City Manager shall be the administrative head of the government of the City, under the direction and control of the City Council, except as otherwise provided in this Article. He/she shall be responsible for the efficient administration 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 powers set forth in this Article.

B. Enforcement Duty: It shall be the duty of the City Manager to enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed.

C. Employee Authorization Duty: It shall be the duty of the City Manager and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads.

D. Preemployment Criminal Records Checks:

1. Authority To Access History Information: It shall be the duty of the City Manager, and he, the City Attorney, or any other City official designated by the City Manager, is hereby authorized to access State and local summary criminal history information for preemployment screening purposes pursuant to State Penal Code sections 11105(b)(10), 11105.3 and 13300(b)(10).

2. Prior Convictions: Except as otherwise provided in section 432.7 of the State Labor Code, no person who has been convicted of a felony, or a misdemeanor involving moral turpitude, shall be eligible for employment by the City; except that such conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment in question.

E. Appointment And Demotion Duty: It shall be the duty of the City Manager to and he shall appoint, remove, promote and demote any and all officers and employees of the City except the City Clerk and the City Attorney.

F. Office Reorganization Duty: It shall be the duty and responsibility of the City Manager to recommend to the City Council such reorganization of offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business.

G. Ordinance Recommendation: It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient.

H. Council Meeting Attendance: It shall be the duty of the City Manager to attend all meetings of the City Council, unless excused therefrom, except when his removal is under consideration.

I. Execute Contracts: The City Manager is authorized to sign contracts on behalf of the City as directed by the City Council or as necessary to fulfill the City Manager's responsibilities set forth in chapters 7 and 7A of this title. Notwithstanding any provision of this Code to the contrary, the City Manager may delegate such authorization to an Assistant City Manager, Deputy City Manager, or an acting City Manager to sing on the City Manager’s behalf.

J. Financial Reports: It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial conditions and needs of the City.

K. Budget And Salary Plan Preparation: It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.

L. Investigations: It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and into any contract or the proper performance of any obligations of the City.

M. Complaint Investigation; Public Utilities And Franchises: It shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City, and to see that all franchises and permits granted by the City are faithfully performed and observed.

N. Public Property Supervision: It shall be the duty of the City Manager and he shall exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the City Council.

O. Entire Time Devoted To Office: It shall be the duty of the City Manager to devote his entire time to the duties of his office in the interest of the City.

P. Additional Duties: It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the City Council.

(Ord. 486, 5-28-1956; amd. Ord. 1071, 4-16-1985; Ord. 1104, 1-12-1988; Ord. 1338, 8-21-2001; Ord. 1591, 9-17-2019; Ord. 1617, 3-3-2020)

The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. (Ord. 486, 5-28-1956)

It shall be the duty of all subordinate officers and the City Clerk, City Treasurer and City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously, so far as may be consistent with their duties as prescribed by law and the ordinances of the City. (Ord. 486, 5-28-1956)

The City Manager may attend any and all meetings of the Planning Commission, Recreation and Parks Commission and any other commissions, boards or committees hereafter created by the City Council, upon his own volition or upon direction of the City Council. At the meetings which the City Manager attends, he shall be heard by the commissions, boards or committees as to all matters upon which he wishes to address the members thereof and he shall inform the members as to the status of any matter being considered by the City Council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council. (Ord. 486, 5-28-1956)

ARTICLE B. CHIEF FINANCIAL OFFICER

SECTION:

Pursuant to the provision of section 40805.5 of the State Government Code, there is hereby created and established the office of Chief Financial Officer of the City. (Ord. 483, 6-11-1956; amd. Ord. 1620, 11-17-2020)

The financial and accounting duties imposed upon the City Clerk by section 40802 of the State Government Code are hereby transferred to the Chief Financial Officer. He shall perform the following duties:

A. Maintenance Of Financial Records: Maintain all records readily reflecting the financial condition of the City and all of its departments;

B. Report For Fiscal Year: At the end of each fiscal year, prepare and present to the City Council a summary statement of receipts and disbursements by departments and funds, including opening and closing fund balances in the City Treasury;

C. Furnishing Financial Statement: Cause the financial statement of the City to be furnished in accordance with the provisions of section 53891 of the State Government Code;

D. Compilation Of Financial Information For Budget: Compile all financial information necessary for the preparation of the City's budget and make the information available to the officer whose responsibility it is to prepare the budget;

E. Monthly Financial Report: Prepare a monthly statement of all receipts and disbursements in sufficient detail to show the financial condition of the City and each of its departments;

F. Payroll Records: Supervise and be in charge of all payroll records;

G. Insurance Policies: Maintain a record of all insurance policies and keep the City Manager informed of their expiration dates;

H. Collection Of Taxes, Assessments, Fees: See that all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and all other monies receivable by the City from the County, State or Federal government, or from any court, office, department or agency of the City are collected; and

I. Duties Assigned By City Manager: Perform such other duties that are from time to time assigned to him by the City Manager. (Ord. 483, 6-11-1956; amd. Ord. 697, 7-22-1968; Ord. 1127, 11-15-1988; amd. Ord. 1620, 11-17-2020)

The Chief Financial Officer shall be under the jurisdiction of the City Manager. (Ord. 483, 6-11-1956)

Pursuant to the requirements of the laws of the State with reference thereto (section 37209 of the State Government Code), the Chief Financial Officer, before entering upon the duties of his office, shall execute a bond in the penal sum to be fixed by the City Council by resolution. (Ord. 724, 6-12-1969; amd. Ord. 1620, 11-17-2020)