Lemoore Municipal Code Ch. 6 City Officers and Employees

The city council hereby adopts by reference a revised set of rules and regulations superseding that of resolution 7811, but providing that all memoranda of understanding approved by minute order of the city council since March 6, 1972, remain in effect until superseded by a later order or budget adoption resolution. (Res. 8125, 10-27-1981)

The city council hereby adopts by reference a complete compensation plan; said plan being attached to the resolution codified herein. (Res. 8521, 7-9-1985)

The city declares that it desires to qualify to receive aid from the state of California under the provisions of chapter 1 of title 4, part 4 of the California Penal Code. Pursuant to section 13522 of said chapter 1, the city, while receiving aid from the state of California pursuant to said chapter 1, will adhere to the standards for recruitment and training established by the California commission on peace officer standards and training. (1975 Code §§1-4.01, 1-4.02)

A. Declaration of intent to qualify: The city declares that it desires to qualify to receive aid from the State of California under the provision of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code.

B. Adherence to established standards: The city declares that it accepts the requirements of Section 13510(c), Chapter 1 of Title 4, Part 4, of the California Penal Code, and will adhere to the standards for recruitment and training established by the Commission on Peace Officer Standards and Training (POST) for Public Safety Dispatchers.

C. Adherence to established standards – Commission Inquiry: The city will adhere to the requirements of Section 13512, Chapter 1 of Title 4, Part 4, that the Commission and its representatives may make such inquires as deemed appropriate by the Commission to ascertain that the city’s public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training. (Ord. 2023-13, 11-7-2023)

ARTICLE A. CITY MANAGER

SECTION:

The office of city manager is hereby created and established and the city manager form of government is hereby adopted for the city. The city manager shall be appointed by the city council wholly on the basis of his/her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council.

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, but within one hundred eighty (180) days after reporting for work, the city manager must become a resident of the city unless the city council approves his/her residency outside the city. (Ord. 2016-08, 7-5-2016)

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. (Ord. 7709, 10-18-1977)

A. Bond: The city manager and acting city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the said city council, and shall be conditioned upon his faithful performance of the duties imposed upon the city manager and acting city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city. (Ord. 7709, 10-18-1977)

B. Compensation: The city manager shall receive such compensation as the city council shall from time to time determine. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him/her in the performance of his/her official duties. (Ord. 2016-08, 7-5-2016)

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. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his/her control. In addition to his/her general powers as administrative head, and not as a limitation thereon, it shall be his/her duty and he/she shall have the powers set forth in the following subsections. It shall be the duty of the city manager:

A. Law Enforcement: 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.

B. Authority Over Employees: To 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/her jurisdiction through their department heads.

C. Appointments And Removals: To appoint, remove, promote, transfer, demote or combine the positions of any and all officers and employees of the city with the exception of the city attorney. The city manager may make recommendations pertaining to this position, subject to all applicable personnel ordinances, rules and regulations.

D. Administrative Reorganization Of Offices: To conduct studies and effect such administrative reorganization of offices, positions or units under his/her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

E. Ordinances: To recommend to the city council for adoption such measures and ordinances as he/she deems necessary.

F. Attendance At Council Meetings: To attend all meetings of the city council unless at his/her request he/she is excused therefrom by the mayor individually or the city council, except when his/her removal is under consideration.

G. Financial Reports: To keep the city council at all times fully advised as to the financial condition and needs of the city.

H. Budget: To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.

I. Expenditure Control And Purchasing: To see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or his/her authorized representative. The city manager or his/her authorized representative shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

J. Investigations And Complaints: 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 of the city. Further, 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 said city.

K. Public Buildings: To exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council.

L. Delegate Powers: To delegate to subordinate officers and employees of the city any of the powers or duties set forth in this section or otherwise granted to the city manager.

M. Additional Duties: To perform such other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance or resolution or other official action of the city council. (Ord. 2016-08, 7-5-2016)

A. Council-Manager Relations: 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 or instructions to any subordinates of the city manager. The city manager shall take his/her orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual council member shall give any orders or instructions to the city manager.

B. Departmental Cooperation: It shall be the duty of all subordinate officers and the city clerk, city treasurer, city engineer, city attorney and fire chief to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

C. Attendance At Commission Meetings: The city manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the city council upon his/her own volition or upon direction of the city council. At such meetings which the city manager attends, he/she shall be heard by such commissions, boards or committees as to all matters upon which he/she wishes to address the members thereof, and he/she shall inform said members as to the status of any matter being considered by the city council, and he/she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (Ord. 2016-08, 7-5-2016)

The removal of the city manager shall be effected only by a majority vote of the whole city council as then constituted, convened in a regular council meeting, subject however, to the provisions of the following subsection:

A. Limitation On Removal: Notwithstanding the provision of this section hereinabove set forth, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety (90) days next succeeding any general municipal election held in the city at which election a member of the city council is elected or when a new city council member is appointed. The purpose of this provision is to allow any newly elected or appointed 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/her office. After the expiration of said ninety (90) day period aforementioned, the provisions of this section as to the removal of said city manager shall apply and be effective. (Ord. 2016-08, 7-5-2016)

The city manager shall appoint, subject to the approval of the council, one of the other officers or department heads of the city to serve as manager pro tempore during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager and his/her failure to so appoint a manager pro tempore, 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, however, to such person's furnishing a corporate surety bond conditioned upon the faithful performance of the duties required to be performed as set forth in subsection 1-6A-3A of this article. (Ord. 2016-08, 7-5-2016)

Nothing in this article 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 hereof. (1975 Code §1-5.10; amd. Ord. 7709, 10-18-1977)

A. City Manager: The city manager is authorized to sign routine contracts, conveyances, warrants, and other instruments necessary for the day to day operation of the city, including instruments requiring the city seal. The city manager is also authorized to sign those contracts, conveyances, and other instruments, including instruments requiring the city seal, which the council has specifically delegated by ordinance, resolution, or other official action that the city manager sign, including the following:

1. Purchases and contracts for equipment, supplies, services, and public projects in accordance with the authorizations set forth in this code;

2. Secured agreements to provide improvements as a condition of a subdivision or development project (subdivision agreements), the standard form for which has been approved by council or is otherwise established by statute, ordinance or resolution;

3. Approving and signing contract change orders. The city manager is authorized to approve and sign contract change orders pursuant to a policy adopted by the city council; provided, that the change order amount is within budget authorization and the change is required to accomplish the scope of work of the contract or project.

B. Other City Officials: Other city officials are authorized to sign those contracts, conveyances, and other instruments, including instruments requiring the city seal, which the council has specifically delegated by ordinance, resolution, or other official action that the stated city official sign.

C. Approval Authority: Except for the approval authority specifically delegated herein and elsewhere in this code, this section is not intended to change any requirement for obtaining city council approval or ratification of contracts, conveyances, warrants, and other instruments. (Ord. 2016-08, 7-5-2016)

ARTICLE B. DEPARTMENT HEAD POSITIONS

SECTION:

A. Any employee hired or promoted to a department head position following the effective date of this article shall serve at the sole pleasure of the city manager, and may be terminated at any time, with or without cause. It is the intent of this section to establish the policy that department head positions are at will positions and, therefore, department heads may be terminated at any time without notice subject only to such process as may be required by law.

B. For purposes of this article, department head positions shall include those that presently exist as well as any department head positions that may be created or retitled in the future. Department head positions currently include the following: police chief; parks and recreation director; public works director; finance director; and planning director.

C. The city manager shall have the authority to enter into written contracts for at will positions which may include severance provisions and compensation packages. (Ord. 2011-05, 11-1-2011)

A. Office Established: Pursuant to Government Code section 40805.5, there is hereby created and established the office of finance director of the city. The finance director shall have charge of the administration of the financial affairs of the city under the direction of the city manager, and shall have such duties as assigned by the city manager. (Ord. 2011-05, 11-1-2011)