Santa Paula Municipal Code Ch. 31 City Officials and Employees

Section

City Manager

Director of Finance

City Clerk and City Treasurer

Superintendent of Streets

Bonds of Officers and Employees

Cross-reference:

Mayor, see § 30.02

Statutory reference:

Officers generally, see Cal. Gov't Code §§ 36501-36512.2 and 36516.1-36517

Official bonds, see Cal. Gov't Code §§ 1450 et seq. and §§ 36518 et seq.

CITY MANAGER

The office of the City Manager is hereby created and established. This subchapter is enacted pursuant to and the office created by this section is the office referred to in Cal. Gov't Code §§ 34850 to 34859 inclusive.

(Ord. 1008, passed 11-4-96)

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 at the pleasure of the City Council.

(Ord. 1008, passed 11-4-96)

Residence in the city at the time of appointment of the City Manager shall not be required as a condition of appointment. The City Manager must, however, establish residence in the city within one year after appointment unless the City Council specifically waives this requirement.

(Ord. 1008, passed 11-4-96)

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. 1008, passed 11-4-96)

The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by said City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the city.

(Ord. 1008, passed 11-4-96)

The City Manager, by filing a written notice with the City Clerk, shall designate a qualified city employee to exercise the powers and perform the duties of the City Manager during his/her temporary absence or disability. In the event the City Manager's absence or disability extends over a two month period, the City Council may, after the two month period, appoint an Acting City Manager.

(Ord. 1008, passed 11-4-96)

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.

(A) The City Manager shall be the executive and administrative head of the government of the city under the direction and control of the City Council except as otherwise provided in this subchapter.

(B) He/she shall be responsible for the efficient administration of all affairs of the city which are under his/her control. In addition, to his/her general powers as administrative and executive head, and not as a limitation hereon, it shall be his/her duty and he/she shall have the powers set forth as follows:

(1) Law enforcement. 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.

(2) Authority over employees. It shall be the duty of the City Manager, and he/she 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/her direction through their department heads.

(3) Power of appointment and removal. It shall be the duty of the City Manager to, and he/she shall appoint, remove, and demote any and all officers and employees of the city, subject to all applicable personnel ordinances, rules and regulations except the City Attorney.

(4) Administrative reorganization of officers. It shall be the duty and responsibility of the City Manager 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.

(5) Ordinances. It shall be the duty of the City Manager and he/she shall recommend to the City Council for adoption of such measures and ordinances as he/she deems necessary.

(6) Attendance at Council meetings. It shall be the duty of the City Manager 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.

(7) Financial reports. It shall be the duty of the City Manager to keep the City Council at all times fully informed as to the financial condition and needs of the city.

(8) Annual budget and salary plan. It shall be the duty of the City Manager to prepare, submit and administer after adoption by the City Council the annual budget and the annual salary plan.

(9) Expenditure control and purchasing. It shall be the duty of the City Manager 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 purchases of all supplies for all departments or divisions of the city.

(10) Investigations and complaints. It shall be the duty of the City Manager to make investiga-tions into the affairs of the city and any department or division thereof; and any contract or obligation 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.

(11) Public buildings. It shall be the duty of the City Manager and he/she shall exercise general supervision over all public buildings, public parks, streets and all other public property which are under the control and jurisdiction of the City Council.

(12) 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/her from time to time by ordinance or resolution or other official action of the City Council. The City Manager shall also be the executive and administra-tive head of the Redevelopment Agency and Public Finance Corporation of the city.

(13) Devotion of entire time and duties. It shall be the duty of the City Manager to devote his/her entire time to the duties and interests of the city, except as may be otherwise specifically authorized by the City Council.

(Ord. 1008, passed 11-4-96; Am. Ord. 1306, passed 10-21-20)

(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 purposes of inquiry, and neither the City Council nor any member thereof shall give orders or instruction to any subordinate 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 member shall give any orders or instructions to the City Manager.

(B) Department cooperation. It shall be the duty of all subordinate officers, the City Attorney and elected department heads 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 the direction of the City Council. At such meetings which the City Manager attends, he/she shall be heard by such commission, board or committee as to all matters upon which he/she wishes to address the members thereof, and he/she may 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. 1008, passed 11-4-96)

(A) Removal of City Manager. 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 City Council meeting, subject, however, to the provisions of this section. In case of his/her intended removal by the City Council, the City Manager shall be furnished with written notice stating the Council's intention to remove him/her at least 30 days before the effective date of his removal. If the City Manager so requests, the City Council shall provide in writing reasons for the intended removal which shall be provided the City Manager within seven days after such request from the City Manager, and at least 15 days prior to the effective date of such removal.

(B) Hearing. Within seven days after the delivery of the City Manager of such notice of intention to remove, he/she may, by written notifica-tion 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 meeting place but before the expiration of the 30 day period at which the City Manager shall appear and be heard, with or without Counsel.

(C) Suspension pending hearing. After furnishing the City Manager with written notice of intended removal, the City Council may suspend him/her from duty, but his/her compensation shall continue until his/her removal by action of the Council passed subsequent to the aforesaid hearing.

(D) Discretion of Council. 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 hearing, the purpose of which is to allow the City Manager to present to said City Council his/her grounds of opposition to his/her removal prior to its action.

(E) Limitation on removal. Not withstanding the provisions of this section, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of 120 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 Council member is appointed; the purpose of this provision is to allow any newly elected or appointed member of the 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 120 day period aforementioned, the provisions of this section as to the removal of said City Manager shall apply and be effective.

(Ord. 1008, passed 11-4-96)

The City Manager shall give a minimum of 30 day notice of his/her intention to voluntarily terminate employment with the city, unless such requirement is waived by the City Council.

(Ord. 1008, passed 11-4-96)

Nothing in this subchapter shall be construed as a limitation on the power and 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 subchapter.

(Ord. 1008, passed 11-4-96)

DIRECTOR OF FINANCE

The office of Director of Finance of the city is created.

('81 Code, § 2.12.010)

(A) The Director of Finance shall be the accounting officer of the city and shall maintain records readily reflecting the financial condition of the city.

(B) The Director of Finance shall be responsible for the performance of those financial and accounting duties set forth in Cal. Gov't Code §§ 37200 et seq. and in Cal. Gov't Code §§ 40802 and 40805, and the City Clerk is relieved of any responsibility for the performance of such duties.

(C) The Director of Finance shall execute the bond required by Cal. Gov't Code § 36518.

('81 Code, § 2.12.020)

CITY CLERK AND CITY TREASURER

On November 3, 2020, the Offices of City Clerk and City Treasurer in the City of Santa Paula shall cease to be elective offices and shall become appointive, management level offices. The City Clerk and City Treasurer shall be appointed by the City Manager.

(Ord. 1289, passed 3-3-20; Am. Ord. 1306, passed 10-21-20)

The City Clerk will perform the duties set forth in Cal. Gov't Code §§ 40801 through 40814, and such other duties and exercise such other powers as may be delegated to him or her from time to time by the City Manager.

(Ord. 1306, passed 10-21-20)

The City Treasurer will perform the duties set forth in Cal. Gov't Code §§ 41000 through 41007, and such other duties and exercise such other powers as may be delegated to him or her from time to time by the City Manager.

(Ord. 1306, passed 10-21-20)

SUPERINTENDENT OF STREETS

The office of Superintendent of Streets of the city is created and established.

('81 Code, § 2.16.010)

The City Engineer shall be ex officio Superintendent of Streets.

('81 Code, § 2.16.020)

(A) The Superintendent of Streets shall have charge of all street work and street improvement in the city and shall do all acts in that regard as may be deemed necessary and proper by the Council.

(B) He shall do every act required of him in the laying out, opening, extending, widening or straightening, in whole or in part, of public streets, squares, lanes, alleys, courts and places and the calculation of all assessments therefor that may be required by any law of the state or any order, resolution or ordinance of the Council.

('81 Code, § 2.16.030)

Statutory reference:

Duties, see Cal Sts. & High. Code §§ 5680 et seq.

BONDS OF OFFICERS AND EMPLOYEES

(A) Pursuant to Cal. Gov't Code § 36518, the City Clerk and City Treasurer shall each execute a bond in a reasonable amount to the city.

(B) The amount of the bond shall be recommended by the City Attorney and fixed by resolution of the City Council.

('81 Code, § 2.28.010)

Other officers and employees of the city, including members of the various boards and commissions thereof, whether or not they receive compensation for their services, shall execute to the city such bonds as the Council may from time to time require pursuant to Cal. Gov't Code § 36519.

('81 Code, § 2.28.020)

All deputies and employees lawfully appointed by any officer of the city are declared to be officers and employees of the city.

('81 Code, § 2.28.030)

(A) A blanket bond indemnifying the city against the acts of two or more officers or employees shall excuse such officers or employees from executing a separate official bond to the city to the extent such blanket bond is in the penal sum for which such officer or employee is required to be bonded.

(B) If such blanket bond is in less than the penal sum for which such officer or employee is required to be bonded, then such officer or employee shall execute a separate bond to the city for the difference between the amount of the blanket bond and such penal sum.

('81 Code, § 2.28.040)

The bond of each officer or employee bonded under this subchapter shall apply to and cover all of the duties performed by such officer or employee for the city, whether or not appertaining to the principal duties of the office or position to which such officer or employee was elected or appointed.

('81 Code, § 2.28.050)

All official bond premiums shall be paid by the city.

('81 Code, § 2.28.060)