Imperial Municipal Code Ch. 2 Administration

Article I. In General

2-1 Meetings of City Council 2-1.1 City Council Salary 2-2 Bond of City Treasurer 2-2.1 City Treasurer Compensation 2-3 Bond of City Clerk 2-3.1 City Clerk Compensation 2-4 Special Gas Tax Street Improvement Fund 2-4.1 Contract with Board of Administration of the Public Employees Retirement System

Article II. Planning Commission

2-5 Created

2-8 Chairman, Vice-Chairman and Secretary 2-9 Meetings; Rules; Records

Article III. Procedures for Filing Claims & Actions

2-13 Covered Claims 2-14 Written Claim Required 2-15 Action on Claims 2-16 Limitation on Claims

Article IV. Redevelopment Agency

2-17 Necessity 2-18 Creation 2-19 Members and Terms 2-20 Compensation 2-21 Powers and Duties 2-22 Secretary

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

2-23 Personnel 2-24 Regular Meeting 2-25 Special Meeting 2-26 Adjournment 2-26.1 Quorum

Article V. Department of Finance

2-27 Creation of Office 2-28 Chief Accounting Officer 2-29 To be Tax collector and License Collector 2-30 Accounting Duties 2-31 Additional Duties

Article VI. City Manager

2-32 Creation of Office; Appointment and Term 2-33 Residence requirement 2-34 Bond 2-35 City Manager Protempore 2-36 Compensation and Expense Allowances 2-37 Enumeration of Certain Powers and Duties 2-38 Relation between City Council and administrative services. 2-39 Removal-Generally. 2-40 Supplemental agreements.

Article VII. Administration of Employer-Employee Relations

2-50 General Provisions 2-50.1 Statement of Policy and Purpose 2-50.2 Definitions 2-51 Meeting and Conferring with Recognized Employee Organizations 2-51.1 Basic Purpose 2-51.2 Recognition Procedures 2-51.3 Rights and Obligations 2-51.4 Meet and Confer Process

Article VIII. Citation and Arrest Authority to Certain Employees

Article IX. Procurement Policy System

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2-60 Adoption of procurement system 2-60.1 Purchasing Officer 2-60.2 Centralized Purchasing 2-60.3 Purchase Orders 2-60.4 Availability of Funds 2-60.5 Formal Awards of Contracts 2-60.6 Formal Bidding 2-60.7 Informal Open Market Purchases 2-60.8 Purchases from other Public Agencies 2-60.9 Purchase of Used Equipment

Article I. In General

known as the Planning Commission of the City of Imperial.

The Planning Commission is created and established pursuant to and in accordance with the provisions of Title 7 of the Government Code of the State of California. (Gov. Code Sec. 65100) (Ord.552)

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basis, elect its chairman and vice-chairman from among its members. The chairman and vice-chairman shall hold office for one year from July 1 of each year and until their successors are selected. The City Council shall appoint a secretary, who need not be a member of the commission. The chairman, vice-chairman and secretary serve at the pleasure of their respective appointing authorities. (Ord.552)

meeting each month at a time and place to be fixed by it. The commission shall adopt rules for the transaction of business and shall keep a public record of its resolutions, transactions, findings and determinations. (Ord.353)

2-10 Appropriations, Expenditures. The city council will, from time to time, provide funds, equipment and accommodations necessary for the work of the commission. The expenditures of the commission, exclusive of gifts, shall at all times be within the amounts which may be from time to time appropriated to it by the council. (Ord.353)

2-10.1 Compensation. Members of the city Planning Commission may be compensated in such amounts as the City Council may establish by resolution. (Ord.546)

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2-11 Removal of Planning Commissioner. Planning Commissioners serve at the pleasure of the City Council. Any member of the Planning Commission may be removed by the Mayor, subject to approval by a majority vote of the Council.

If, during his term of office, a Planning Commissioner misses three (3) consecutive regular meetings or misses sixty percent (60%) of all meetings within a six (6) month period, his office shall immediately become vacant. (Ord.552)

2-12 Master Plan. The planning commission shall prepare and adopt a comprehensive long term general plan for the physical development of the city and of any land outside of the boundaries of the city, which in the judgment of the commission, bears relation to the planning of the commission. Such plan may be referred to as the master or general plan and shall be officially certified as the master or general plan upon its adoption by the commission and the City Council. The master or general plan shall be so prepared that all or portions of it may be adopted by the council as a basis for the development of the city. (Ord.353)

Article III. Procedures for Filing Claims and Actions.

2-13 Covered Claims. Pursuant to Section 935 of the Government Code, all claims against the City of Imperial for money or damages which are excepted by Section 905 of the Government Code from the provisions of Division 3.6 of the Government Code (Section 810 et. seq.), and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedures prescribed in this Ordinance. (Ord.439)

2-14 Written Claim Required. A signed written claim shall be presented to the City Clerk by mailing or delivering it to the City Clerk. The claim shall conform to the requirements of Section 910 of the Government Code or a form provided by the City if such form is provided. (Ord.439)

presentation, consideration and action upon all claims filed pursuant to this Ordinance shall be the same as the procedures provided and required by Section 910 and 915-2 of the Government Code, except 911.2, which provisions and sections are hereby adopted as the requirements of this Ordinance. (Ord.439)

days after the accrual of the cause of action. Upon written request prior to the expiration of the 100-day period, the City Clerk may extend the time for filing a claim. The presentation and action on claims provided herein shall be a prerequisite to suit thereon,

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and such suit shall be subject to the provisions of Section 945.4 and 945.6 of the
Government Code.
(Ord.439)

Article IV. Redevelopment Agency

The City Council finds that by reason of continuing blight within the city area

there is need for a Redevelopment Agency. (Ord.482)

Redevelopment Agency, their terms of office to be concurrent with their terms of office as council members.

compensation, except that they shall be reimbursed their necessary expenses incurred in connection with the performance of their duties. (Ord.482)

and duties that are prescribed in Part 1 of Division 24 of the Health and Safety Code, Section 33000, et. Seq. (Ord.482)

secretary of the meeting of the agency and record all votes, and shall keep a record of the proceedings of the agency in a journal of proceedings to be kept for such purposes and shall perform all duties incident to his or her office. (Ord.482)

necessary to exercise its powers, duties, and functions as prescribed by the Community Redevelopment Law, as amended, of the State of California applicable thereto. The selection and compensation of personnel shall be determined by the Agency subject to the laws of the State of California. (Ord.482)

of each month at 8:00 p.m. or as soon thereafter as possible, provided that, if such a day is a legal holiday, then such meeting shall be held on a subsequent date as determined by a majority of the Agency. Meetings are held in the city council chambers, 420 South Imperial Avenue.

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(Ord.482)

Agency or upon written request of three (3) members of the Agency, by delivering personally or by mail, written notice to each member of the Agency and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four (24) hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Agency other than designated in the call. (Ord.482)

processing of all fiscal and budgetary functions of the city, there is established the department of finance of the city.

officer of the city and shall have charge of the administration of the financial affairs of the city, under the direction of the city manager.

officio tax collector and license collector of the city.

The director of finance shall be the chief accounting officer of the

city and shall consolidate in the department of finance all of the accounting functions of the city and its various departments, divisions and services. All of the duties, responsibilities and authority imposed upon the city clerk as chief accounting officer under the provision of Government Code §§ 31200-31208 and 40802-40805 are transferred to and imposed upon the director of finance or the department of finance of the city. Before undertaking such duties the director of finance shall execute such bond as may be requested by the city council.

In addition to the duties described in section 2-30, the director of

finance and the department of finance of the city shall be charged with the following:

1. Assist the city manager in the preparation of the annual budget and certify the

accuracy of anticipated revenues.

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2. Prescribe and control forms and procedures for any function of any other

department which shall pertain to revenues, receipts or expenditures of any kind or nature whatsoever.

3. Prepare and issue all warrants and payroll checks.

4. Prepare financial statements and statistical reports as shall be required by any

governmental agency or the city council.

5. Perform such cost accounting procedures as the city manager may direct.

6. Perform periodic audits of any activities of any department of the city having to

do with the handling of money.

7. Supervise the current inventories of all property of the city by all city

departments, offices and agencies.

8. Supervise and be responsible for disbursement of all funds.

9. Perform such other functions as shall from time to time be prescribed by the city

council. (Ord 648)

Article VI. City Manager

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 executive and administrative qualifications and ability and shall hold office at and during the pleasure of the city council. (Ord.647)

manager shall not be required of the city manager. No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the city council of Imperial. (Ord.647)

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, which shall be conditioned upon the faithful performance of the duties prescribed in the article. Any premium for such bond shall be a proper charge against the city. (Ord.647)

In the absence or disability of the city manager the city council

may designate some duly qualified person to perform the duties of city manager, who shall be

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subject to the same terms and conditions and have the same powers and duties, during the period of such absence or disability. (Ord.556)

compensation and expense allowances as the city council shall from time to time determine and fix by resolution. The city manager shall be reimbursed for all sums necessary incurred or paid by him in the performance of his duties, or incurred or paid when traveling on business pertaining to the city and under direction of the city council. Reimbursement therefore shall only be made upon an itemized verified claim presented to the city council and by it duly approved and allowed. Such compensation and reimbursement shall be a proper charge against the general fund. (Ord.556& 647)

government, under the direction and control of the city council, except as otherwise provided in this Code and other ordinances of the city. He 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 and duties as administrative head, and not as a limitation thereof, it shall be his duty and he shall have the following powers:

1. Enforcement of laws and franchises. To see that all laws and ordinances of the city are duly enforced, and that all franchises, permits, licenses and privileges granted or given the city are faithfully observed and complied with.

2. Control of city officers and employees. To control, order and give directions to all heads of departments, subordinate officers and employees of the city, except the city clerk, city treasurer and city attorney; to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his direction.

3. Appointment and removal of city officers and employees. To appoint and remove any officers and employees of the city, except the city clerk, city treasurer and city attorney.

4. Control of governmental departments. To exercise control over all departments of the city government and over all appointive officers and employees thereof, except the city clerk, city treasurer and city attorney.

5. Attendance a council meetings. To attend all meetings of the city council unless excused therefrom by the city council, except when removal of the city manager is under consideration by the city council.

6. Recommending legislation. To recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient.

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6. Reports to council. To report to the city council in writing at its first regular monthly meetings a statement as to the financial condition and needs of the city.

7. Preparation of budget. To prepare and submit to the city council an annual budget of the city.

8. Purchases. To order and purchase all supplies for all of the departments and divisions of the city. No expenditure shall be submitted or recommended to the city council except on order or approval of the city manager.

9. Investigation of city affairs. To make investigations into the affairs of the city, and any department or division thereof, and of any contract, obligation, project or enterprise appertaining to the city.

10. Investigation of complaints. To investigate and all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities of the city.

    11. Supervision of public property. To exercise general supervision over all public buildings, public parks and other public property under the control and jurisdiction of the city council, and not specifically delegated to a particular board or official of officer.

    12. Other duties. To perform such other duties and exercise such other powers as may be delegated to him from time to time by this Code or other ordinance or resolution or motion of the city council. (Ord. 647)

administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any members thereof shall give orders to any subordinate of the city manager. (Ord. 647)

a. The removal of the city manager shall be only upon a majority vote of the council of the city, subject, however to the provisions of this section. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council’s intention to remove him and the reason therefore, at least thirty (30) days before the effective date of his removal.

b. Within seven (7) days after the delivery to the city manager of such notice he
may, by written notification to the city clerk, request a hearing before the city council.
Thereafter, the city council shall fix a time for the hearing which shall be held at its usual

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

meeting place, but before the expiration of the thirty (30) day period, at which the city
manager shall appear and be heard, with or without counsel.

c. After furnishing the city manager with written notice of intended removal, the city
council may suspend him from duty, but his compensation shall continue until his
removal by resolution of the council passed subsequent to the aforesaid hearing.

d. In removing the city manager, the city council shall have uncontrolled discretion
and its action thereon shall be final and conclusive, and need not depend upon any
particular showing or degree of proof at the hearing. The purpose of the hearing
is to allow the city manager to publicly present the city council his grounds of
opposition to his removal.

e. The city manager shall not be removed from office within a period of ninety (90)
days next succeeding any general municipal election held in the city at which
election of 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 duties of his office. After the expiration of said ninety (90) day
period aforementioned, the provisions of the preceding paragraphs as to the
removal of said city manager shall apply and be effective. Nothing herein shall
prevent the immediate suspension or removal from office of the city manager at
any time where a majority of the city council has reasonable cause to believe that
the incumbent city manager has intentionally misappropriated public funds or
otherwise intentionally violated his public trust for the personal gain of himself or
others. In the event the city manager and city enter a written contract of
employment calling for a specified term, and such term is due to expire within six
(6) months prior to a city council election, such term may not be extended for a
period in excess of sixty (60) days beyond the date of election.
(Ord. 556 & 647)

Supplemental Agreements. Nothing in this ordinance shall be construed as a limitation

on the power or authority of the city council to enter into any supplemental agreement with the city manager, delineating additional terms and conditions of employment not inconsistent with any provisions of this article. (Ord.647)

Article VII. Rules and Regulations for the Administration
Of Employer-Employee Relations