Indio Municipal Code Ch. 31 City Officials and Employees

[1961 Code, §§ 2.1 and 2.2; Ord. 211]

(A) If any officer, employee or department of the city shall have in his or her possession any property not belonging to the city, but which shall have been left with and be in possession of the person or department for a period of three months and shall not be claimed by any person during that three-month period, then the officer, employee or department shall, at the end of the three-month period, deliver the same into the custody and possession of the Police Department of the city.

(B) Unclaimed property which shall have come into the Police Department as provided in division (A) above shall be kept and retained by the Police Department for a further period of six months, during which time the owner shall have the right to reclaim the same. In the event no person shall claim the property during that six-month period, it shall thereafter be sold by the Police Chief at a public auction to the highest bidder. The Chief shall give notice of the sale of this property at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the city.

[1961 Code, §§ 2.26 and 2.27; Ord. 247; Ord. 1293, 3-21-2001]

(A) A contract is hereby authorized between the City Council and the State Public Employees' Retirement System (PERS). This contract is made a part hereof as though set out in full herein.

(B) The Mayor is hereby authorized, empowered and directed to execute the contract provided for in division (A) above on behalf of the City Council.

Subchapter 2. City Attorney

[1961 Code, § 2.28; Ord. 91; Ord. 397]

The compensation of the City Attorney may be fixed from time to time by resolution.

Subchapter 3. City Clerk

[1961 Code, §§ 2.29 and 2.31; Ord. 91; Ord. 175]

(A) The City Clerk shall furnish a security bond to the city, in an amount established by City Council from time to time , which bond shall be subject to the approval of the City Attorney. When the bond has been so approved, it shall be filed with and held for safekeeping by the City Manager.

(B) The bond of the City Clerk and City Treasurer shall be in full force and effect so long as each shall hold office.

[Ord. 1812, 6-19-2024]

The elected City Clerk position is not full time, does not include a dedicated office or staff, and access to the city's computer network is restricted to ensure network security. Accordingly, day-to-day activity of the City Clerk is accomplished working in partnership with city staff, in particular the City Manager, and his or her designee, such as the Director of Clerk Services, while providing appropriate high-level review of the actions taken in support of the City Clerk function by the abovementioned individuals. The City Manager, and his or her designee, shall be principally responsible for maintaining the city's records management system and carrying out those duties assigned to the City Clerk under this code, unless a duty is otherwise required to be performed by the City Clerk under state law.

Subchapter 4. City Treasurer

[1961 Code, § 2.30; Ord. 175]

The City Treasurer shall furnish a security bond to the city, in an amount established by City Council from time to time , which bond shall be subject to the approval of the City Attorney. When the bond has been so approved, it shall be filed with and held for safekeeping by the City Clerk.

[Ord. 1812, 6-19-2024]

(A) The City Treasurer position is not full time, does not include a dedicated office or staff, and access to the city's computer network is restricted to ensure network security. Accordingly, day-to-day activity of the City Treasurer is accomplished working in partnership with city staff, in particular the City Manager, and his or her designee, such as Finance Director, while providing appropriate high-level review of the actions taken in support of the City Treasurer function by the abovementioned individuals. The City Manager, or his or her designee, shall be principally responsible for the professional, supervisorial, administrative and technical accounting and finance functions necessary to maintain the accounting and financial records and systems and carrying out those duties assigned to the City Treasurer under this code, unless a duty is otherwise required to be performed by the City Treasurer under state law.

(B) Pursuant to Government Code § 53601, the City Council has the authority to invest or reinvest city funds. This authority may be delegated to the City Treasurer, or such other person as determined by the City Council.

Subchapter 5. City Manager

[1961 Code, § 2.8; Ord. 182]

(A) The office of City Manager is created and established.

(B) The City Manager shall be appointed by the City Council solely on the basis of his or her executive and administrative qualifications and ability and shall hold office at and during the pleasure of the City Council.

[1961 Code, § 2.9; Ord. 182]

Residence in the city at the time of appointment shall not be required as a condition of employment.

[1961 Code, § 2.10; Ord. 182]

No person elected to membership on the City Council shall, subsequent to election, be eligible for appointment as City Manager until one year has elapsed after he or she has ceased to be a member of the City Council.

[1961 Code, § 2.11; Ord. 182]

The City Manager shall furnish a corporate bond to be approved by the City Council in the sum that may be determined by the Council and shall be conditioned on the faithful performance of the duties imposed on the City Manager as prescribed in this subchapter.

[1961 Code, § 2.12; Ord. 182]

The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the city to serve as Acting Manager during any temporary absence or disability of the City Manager, and failure to so appoint a Acting City Manager, the Council may designate some duly qualified person to perform the duties of the City Manager during the period of absence or disability of the City Manager, subject to that person furnishing a corporate surety bond conditioned on faithful performance of the duties required to be performed, as set forth in § 31.48.

[1961 Code, § 2.13;; Ord. 182; Ord. 397]

(A) The City Manager shall receive compensation as the City Council shall, from time to time, determine and fix by resolution and that compensation shall be a proper charge against the funds of the city as the City Council shall designate.

(B) The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties or incurred when traveling on business pertaining to the city under the direction of the City Council. Reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for the reimbursement is requested, has been presented to the City Council and duly approved and allowed by the Council.

[1961 Code, § 2.14; Ord. 182; Ord. 630; Ord. 982; Ord. 1009; Ord. 1553, 3-18-2009]

The City Manager shall be the administrative head of the city government under the direction and control of the City Council, except as otherwise provided in this chapter. He or she shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the power:

(A) To see that all laws and ordinances of the city are duly enforced and that all franchises, permits and privileges granted by the city are faithfully observed.

(B) To control, order and give directions to all heads of departments including, but not limited to, police, fire, public works and finance, and subordinate officers and employees of the city except the City Clerk, City Treasurer and City Attorney; and to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his or her directions; provided, nothing contained herein shall be construed to supersede the authority of the civil service board in the manner of classification of city officers or employees.

(C) To appoint, promote, demote and remove any officers and employees of the city, except the City Clerk, City Treasurer and City Attorney, subject to the civil service system.

(D) To exercise control over all departments of the city government including, but not limited to, police, fire, public works and finance and all appointive officers and employees thereof, except the City Attorney.

(E) To attend all meetings of the City Council unless excused therefrom by the Council, except when his or her removal is under consideration by the Council.

(F) To recommend to the City Council for adoption the measures and ordinances as he or she deems necessary or expedient.

(G) To keep the City Council at all times fully advised as to the financial conditions and needs of the city.

(H) To prepare and submit to the City Council the annual budget.

(I) To make investigations into the affairs of the city and any department or division thereof and any contract or the proper performance of any obligations running to the city.

(J) To investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by the public utilities in the city and to see that all franchises, permits and privileges granted by the city are faithfully performed and observed.

(K) To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer.

(L) To devote his or her time to the duties of the office and the interest of the city.

(M) To provide leadership for city-related programs designed to benefit the residents of the city when so authorized by the City Council.

(N) To perform other duties and exercise other powers as may be delegated by him or her from time to time by ordinance or resolution of the City Council.

(O) To designate certain classifications of city officers and employees as authorized to issue notice to appear citations for certain violations of law.

(P) To execute such instruments whether requiring the city seal or not, and such contracts and conveyances, including but not limited to real estate instruments, legal settlement agreements and indemnifications, as may prove necessary in order to effectuate any prior approval by vote of the City Council, with the full authority to bind the city per Cal. Gov’t Code § 40602.

[1961 Code, § 2.15; Ord. 182]

The exercise of the powers and duties of the City Manager set out in § 31.51 and the provisions of this chapter shall be subject to §§ 31.70 through 31.79, relating to the civil service system, and to any rules and regulations adopted pursuant to those sections as to classification of employees, the appointment, transfer, promotion, demotion, removal, suspension, dismissal and reinstatement of the employees and the procedures outlined therein governing the same.

[1961 Code, §§ 2.17, 2.18, 2.19 and 2.20; Ord. 182; Ord. 1172, 2-15-1995]

(A) The removal of the City Manager shall be only on a 3/5 majority vote of the whole City Council, subject to the provisions of § 31.54. In case of his or her intended removal by the Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove him or her and the reasons therefor at least 30 days before the effective date of the removal.

(B) Within seven days after delivery to the City Manager of the notice required by division (A) above, he or she may, by written notification to the City Clerk, request a public hearing before the Council. Thereafter, the Council shall fix a time for the public hearing, which shall be held at its usual meeting place but before the expiration of the 30-day period and at which the City Manager shall appear and be heard.

(C) After furnishing the City Manager with a written notice of intended removal in accordance with this section the City Council may suspend the Manager from duty but his or her compensation shall continue until his or her removal by resolution of the Council, passed subsequent to the public hearing requested by the City Manager in accordance with division (B) above.

(D) In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the public hearing requested by the City Manager in accordance with division (B) above, the purpose of which is to allow the City Manager to publicly present to the City Council his or her grounds of opposition to removal prior to its action.

[1961 Code, § 2.21; Ord. 182]

Notwithstanding the provisions of this subchapter, the City Manager shall not be removed from office during or within a period of 90 days 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 to 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 or her office. After the expiration of the 90-day period, the provisions of § 31.53 as to the removal of the City Manager shall apply and be effective.

[1961 Code, § 2.22; Ord. 182]

The office of City Manager is hereby specifically excluded from the civil service or personnel system of the city and the City Manager shall not be entitled to the benefits, advantages or protection of the civil service or personnel system, nor shall he or she be subject to the procedures outlined or prevailing in that system.

Subchapter 6. Personnel Officer; Personnel Board; Personnel System

[1961 Code, § 2.40; Ord. 503]

In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure appointments and promotions of employees will be based on merit and fitness and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted.

[1961 Code, § 2.41; Ord. 503; Ord. 1146, 11-3-1993]

The City Manager shall be the Personnel Officer and shall be the appointing authority for all positions in the city service, except elective offices and those appointed by the City Council. The City Manager may delegate any of the powers and duties conferred upon him or her as personnel officer under this subchapter to any other officer or employee of the city or may recommend that the powers and duties be performed under contract. The Personnel Officer shall:

(A) Administer all the provisions of this subchapter and of the personnel rules not specifically reserved to the City Council or the Personnel Board.

(B) Prepare and recommend to the City Council personnel rules and revisions and amendments to those rules. The City Attorney shall approve the legality of those rules and amendments prior to their submission to the City Council.

(C) Prepare or cause to be prepared a position classification plan, including class specifications and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the City Council.

(D) Prepare or cause to be prepared a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the City Council.

(E) Provide for the publishing or posting notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting and grading of tests; the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.

[1961 Code, § 2.44; Ord. 503]

The provisions of this subchapter shall apply to all offices, positions and employments in the service of the city, except:

(A) The following are fully excluded from this subchapter:

(1) Elective officers;

(2) Members of appointive boards, commissions, committees and agencies;

(3) Contract employees;

(4) Reserve and\or volunteer personnel, such as firefighters and police officers;

(5) The City Attorney;

(6) Emergency employees; and

(7) Part-time employees.

(B) The City Manager shall be a member of the public employees' retirement system and shall receive benefits accrued under this subchapter and the rules that are not specifically prohibited by law.

[1961 Code, § 2.45; Ord. 503]

Personnel rules shall be adopted by resolution of the City Council after notice of the action has been publicly posted at least five days prior to City Council consideration. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system.

[1961 Code, § 2.46; Ord. 503]

Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments, demotions, dismissal, reduction in pay, suspension or other action regarding an employee shall be made in accordance with personnel rules.

[1961 Code, § 2.46; Ord. 722]

(A) Except as otherwise provided in this section, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the city; provided, the appointing authority may disregard the conviction if it is found and determined by the appointing authority that mitigating circumstances exist. In making the determination, the appointing authority shall consider the following factors:

(1) The classification, including its sensitivity to which the person is applying or being certified and whether the classification is unrelated to the conviction;

(2) The nature and seriousness of the offense;

(3) The circumstances surrounding the conviction;

(4) The length of time elapsed since the conviction;

(5) The age of the person at the time of the conviction;

(6) The presence or absence of rehabilitation or efforts at rehabilitation;

(7) The presence or absence of rehabilitation or efforts at rehabilitation;

(8) Contributing social or environmental conditions.

(B) The appointing authority shall give notice of disqualification to an applicant disqualified under this provision. The notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application for employment.

(C) An applicant who is disqualified for employment under this provision may appeal the determination of disqualification. The appeal shall be in writing and filed with the City Manager within ten days of the date of the notice of disqualification. The City Manager shall hear and determine the appeal within 90 days after it is filed. The determination of the City Manager on the appeal shall be final.

(D) Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant shall have been convicted of a felony or misdemeanor.

(E) Pursuant to Cal. Penal Code § 11105, the following officers of the city are authorized to have access to and to utilized state summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this section: City Manager, Personnel Officer, City Attorney.

[1961 Code, § 2.47; Ord. 503]

Any person holding a position included in the competitive service who, on the effective date of this subchapter, shall have served continuously in that position or in some other position in the competitive service for a period equal to the probationary period prescribed in the rules for his or her class shall assume regular status in the competitive service and the position held on the effective date, without qualifying test, and shall thereafter be subject in all respects to the provisions of this subchapter and the personnel rules. Any other persons holding positions in the competitive service shall be regarded as probationers while serving out the balance of their probationary periods, as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

[1961 Code, § 2.48; Ord. 1009]

Minimum or maximum age limits for civil service examinations shall not be established and age shall not be a minimum qualification for any city employment in the classified service, other than police officers and firefighters.