4 ORDINANCE NO. 4
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF GRAND TERRACE CREATING AND
ESTABLISHING THE OFFICE OF CITY MANAGER
AND DEFINING THE DUTIES AND POWERS THEREOF
The City Council of the City of Grand Terrace does ORDAIN
as follows:
Section 1. Office Created. The office of the City
Manager of the City of Grand Terrace is hereby created and
established. The City Manager shall be appointed by the City
Council wholly on the basis of his administrative and executive
ability and qualifications and shall hold office for and during
the pleasure of the City Council.
Section 2. Eligibility. 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.
Section 3. Acting City Manager. The Assistant City
Manager shall serve as manager pro tempore during any temporary
absence or disability of the City Manager. In the event there
is no Assistant City Manager, 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
City Manager during his 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 a two-month
period, appoint an Acting City Manager.
Section 4. 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 in the performance
of his official duties.
on termination of employment of the City Manager by reason
of involuntary removal from service other than for willful mis-
conduct in office, the City Manager shall receive cash severance
pay in a lump sum equal to one months' pay following his termina-
tion date, such pay to be computed at the highest salary received
by the City Manager during his service with the City. Involuntary
removal from service shall include reduction in pay not applicable
to all employees of the City.
Section 5. Powers and Duties. 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 ordinance. 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 as
administrative head, and not as a limitation thereon, it shall
be his duty and he shall have the powers set forth in the follow-
ing subsections.
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, per-
mits and privileges granted by the City Council are
faithfully observed.
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2. Authority Over Employees. It shall be the duty
of the City Manager, and he shall have the autho-
rity 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.
3. Power of Appointment and Removal. 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, subject to
all applicable personnel ordinances, rules and
regulations.
4. Administrative Reorganization of Offices. It
shall be the duty and responsibility of the City
Manager to conduct studies and effect such admin-
istrative reorganization of offices, positions or
units under his direction as may be indicated in
the interest of efficient, effective and economi-
cal conduct of the City' s business.
5. Ordinances. 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.
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 request he is
excused therefrom by the Mayor individually or
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the City Council, except when his 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 advised as to the financial condition and
needs of the City.
8 . Budget. 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.
9. Expenditure Control and Purchasing. It shall be
the duty of the City Manager to see that no expendi-
tures shall be submitted or recommended to the City
Council except on approval of the City Manager or
his authorized representative. The City Manager,
or his authorized representative, shall be respon-
sible for the purchase of all supplies for all the
departments or divisions of the City.
10. Investigations and Complaints. 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 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.
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11. Public Buildings. It shall be the duty of the
City Manager and he shall exercise general super-
vision over all public buildings, public parks,
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 from time to time by ordinance or resolution
or other official action by the City Council.
Section 6. Internal Relations.
1. 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
orders and instructions from the City Council only
when sitting in a duly convened meeting of the City
Council and no individual councilman shall give any
orders or instructions to the City Manager.
2. Departmental Cooperation. It shall be the duty
of all subordinate officers and the City Clerk,
City Treasurer, and the City Attorney to assist
the City Manager in administering the affairs of
the City efficiently, economically and harmoniously.
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3. Attendance at Commission Meetings. The City Manager
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may attend any and all meetings of the Planning
Commission and any other commissions, boards or
committees created by the City Council, upon his
own volition or upon direction of the City Council.
At such meetings which the City Manager attends,
he shall be heard by such commissions, boards or
committees as to all matters upon which he wishes
to address the members thereof,* and he shall inform
said members as to the status of any matter being
considered by the City Council , and he shall coop-
erate to the fullest extent with the members of all
commissions, boards or committees appointed by the
City Council.
Section 7. Removal Procedure. 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 next suc-
ceeding subsections.
1. Notice. In case of his intended removal by the
City Council, the City Manager shall be furnished
with a written notice stating the Council ' s inten-
tion to remove him, at least thirty (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
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seven (7) days after the receipt of such request
from the City Manager, and at least fifteen (15)
days prior to the effective date of such removal.
2. Hearing. Within seven (7) days after the delivery
to the City Manager of such notice of intention
to remove, 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 meeting place, but before the expiration of
the thirty-day (30) period, at which the City
Manager shall appear and be heard, with or without
counsel.
3. Suspension Pending Hearing. 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 action of the Council passed subsequent to the
aforesaid hearing.
4 . Discretion of Council. In removing the City Manager,
the City Council shall use its uncontrolled discre-
tion 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 Coun-
cil his grounds of opposition to his removal prior
to its action.
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5. Limitation on Removal. Notwithstanding the provi-
sions of Section 7 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 Councilman is appointed; the pur-
pose of this provision is to allow any newly elected
or appointed member of the City Council or a reor-
ganized 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 aforemen-
tioned, the provisions of Section 7 as to the removal
of said City Manager shall apply and be effective.
6. Exception. Notwithstanding the provisions of Section
7 hereinabove set forth, the City Council may remove
the City Manager forthwith and without notice if
criminal proceedings, other than minor infractions
or misdemeanor Vehicle Code violations, are initi-
ated against the City Manager by any Federal , State,
County or local law enforcement agency. Such removal
shall be effected only by a majority vote of the
whole City Council as then constituted, commenced
in a regular or special council meeting. In the
event of removal pursuant to this exception, the
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City Manager shall not be entitled to nor shall
he receive severance pay.
Section 8. Agreements on Employment. 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 pro-
vision of this Ordinance.
Section 9. Urgency. This Ordinance is hereby declared
an urgency measure necessary for the immediate protection and
preservation of the public peace, safety, health and welfare
of persons and property within the City of Grand Terrace. The
facts establishing the necessity for such urgency measure are
these: That the City is newly incorporated and has an urgent
need to provide for management and administration of the city
government and its laws, in order to preserve the public peace,
health and safety it is necessary that this Ordinance take
effect immediately.
Section 10. Effective Date. This Ordinance shall take
effect immediately.
Section 11. Posting. Within fifteen (15) days after the
passage of this Ordinance, the City Clerk shall cause it to be
posted in three public places so designated by resolution of the
City Council.
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ADOPTED this 30=h clay of November, 1978.
Mayor f the City of Grand Terrace
and of the City Council thereof.
ATTEST:
City Cler of the City of Grand
Terrace and of the City Council
thereof. 7`x�asaOFFICIAALL SEAL
FZ52 �5 Subscribed and Sworn to before me -- this
OFFICIAL
KITTY L. HILL ��Q
j tJUTARY PUSLIC CALIFORNIA �- 'may of
<' t.: PRINCIPAL OFFICE IN
(SEAT') SAN P. RNARMNO COUNTY `C��i.J� NUiRRY PUBLIC
My Commission 14, 1982 ;;uumv�,I Saa Bernardino,state of.:3warnia
25�35�5'SZa�i:�?.S�r�.��z?S�S2�"rc552a�?SZSi!ie!SZS?5Z?SZ
Approved as to form
V f City Attorn y
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF GRAND TERRACE )
I , SETH ARMSTEAD, City Clerk of the City of Grand Terrace,
DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted
by the City Council of said City at the organizational meeting
of the City Council held on the 30th day of November, 1978 , and
that it was so adopted by the following vote :
AYES: Councilmembers Tillinghast, Erway, Allen, Grant;
Mayor Petta
NOES : None
ABSENT:None
�szszszszzsrsszszszs�s�szszszszszszsts�stszszs2S
OFFICIAL SEAL
'., KITTY L. HILL a
NOTARY PUBLIC CALIFORNIA AAA
A
PRINCIPAL OI={=ICE IN U
SAN UERNARD+NO COUNTY c City C.
of the City of Grand
My Commission E;piresJune 14, 1982 �� Terrace and of the City Council
�,Z?S?SaS?+<M7s1�tzStSL25ZSZ�?SZ:2SLSZSrSZS�575Z5"5
thereof.
Subscribed and Sworn to before me -- this
(SEAL) ;D-day , lg :1's
9 IITIA?y I'Xic
STATE OF CALIFORNIA ) In Ind tr)r the c��u�,,, ,r s��s��naidlru,. sate r ;,I,I,)rn1a
COUNTY OF SAN BERNARDINO ) ss .
CITY OF GRAND TERRACE )
I , SETH ARMSTEAD, City Clerk of the City of Grand Terrace,
DO HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 4 of said City Council and
that the same has not been amended or repealed.
•
DATED: November 30 , 1978 .
525� 5?StSZ�25Sz575?5252525Zti252SZ5
OFFICIAL SEAL GN
4& a
KITTY L. HILL r City Clerk Vffi2ttMhe City of Grand
NOTARY PUBLIC CA L!1 0; NI/
c0 Terrace and of the City Council
!N� . /• ;-f -� OVAL D.`FICE
COUNTY � thereof.
5c5ZS2S?n c ra� r^ GSr_�a'..-i�?5'S'[5'u�i5
(.SEAL) Subscribed and Sworn to before ma -- this
day of In, 10
In and fur the Ucu.'.t, uA ',v4,,rn-