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HomeMy WebLinkAboutRPT 4 C.M. OR C.A. 04-06-81DAT£: March 26, 1981 No. 4 4-6-81 TO: HONOPABr.W. MAYOR AND CITY CO3NCIL FROM: DAN BLANKENSHIP, CITY ADMINISTRATOR SUBJECT: QUESTION OF CITY bta/%gSERV~RSUS CITY ADMINISTRATOR Attached are memoranda £~um the City Attorney's office and myself regarding the difference bet~n a City Manager and 'City Administrator. We have copies of many city ordinances but are not including them in this report due to bulk and redundancy. Any council ~mber who would like to see the file may get it from Donna Treat, my secretary. The question is a policy cae for the coUncil, bDst cities use the title City Manager which usually ~-~ that they are authorized to hire and fire all departme..nt heads. No ra~',_re managerwould ever surprise a Council with such an action ~n~ay. From ti~atpoint, the position can be given as much authority (or as little) as Counci! wislnes to delegate. Council r~s to ~<e ~ decision prior to recruitment efforts. If Council wishes to make no title chan~e ~n no further action is necessary than to state that ...... fact. if Council wishes ~-o n~.ke a change to City Manager, then Council should ask the City Atto.-'ney to Cr=-_'-t ~n appropriate ordinance. Council shoulo indicate whether i5 wishes to r~<e a minimal change or wishes to change ordinances to extensive de!egati~, cf ~aaically administrative acts. Any specific guidanc~ will help tke ~F~torney r~ Dcep-~e an ordinance responsive to Council's wishes. DB:dmt DATE: March 24, 19 81 Inter-Corn Hon. Mayor.and Members of City Council TO: FROM: Alan R. Burns, Deputy City Attorney Lydia S. Levin, Deputy City Attorney SUBJECI: City Manager/City Administrator distinctions The "City Manager" form of government is described as an alternate form of city government (Title 4, Division 2. Pt. 1, Chapter 7 of the Government Code). The regular form (as opposed to the "alternate form") of city government is to have the City Council more involved in the operations of the City and in the daily operation of the departments under the department heads. Although this usually involves the appointment of a City Administrator to oversee the administrative aspects of the City, the City Council usually maintains a more direct contact with department heads. The City Administrator usually does not have the power to terminate a department head. The City ~anager form of government may be established by or~£nance. (Government Code Section 34851) The powers and duties ~ . ~-~ the City_ Manager must be defined by ordinance (Government Code Section 34552! ?he City Manager may appoint and dismiss the chief of police and other subordinate appointive officers and employees except ~e City Attorney. When the offices of City Clerk and City Treasurer are appointive, these appointments must be made by the City Cou~cii ~iess it delegates the power to the City Manager by ordinance.. (Government Code Section 34856) Upon appointment of the City Manager, the terms of subordinate officers over whom he has power of appointment and removal cease, unless they are reappointed by him. (Government Code Section 34857) All of the above references to the power of removal of appointive officers and employees should be qualified by the fact that permanent employees below the level of department head may only be removed "for cause." As can be seen from a review of the above, the most significant distinction between the two forms of city government is with the City Council's interaction with the department heads and their de- partments. The City Manager form envisages a City Council that sets policy and holds the City Manager accountable to see that the policy is implemented. The City Administrator form reserves for the City Council the prerogative to get directly involved with departmental operations, while the more ministerial matters are handled by the City Administrator. Hon. Mayor and Members of City Council March 24, 1981 Page Two While the foregoing suggests a clear distinction between the two forms of government, the Council may substantially enlarge or restrict the power of either to make the difference more philosophical than real. -- ARB:ccs cc: D.B. ~ATE: ~ch 20, 1981 TO: FROR: SUBJECT: JAMES G. RfYJRKE, CITY ATTORNEY DAN BLANKENSHIP, CITY ADMINISTRATOR CITY MANAGER PLAN In light of the recently expressed interest in the City Manager plan by the City Council and their requ. est for you to prepare a report on the differences betwacn the administrator and Fmnager plans, I thought the following information would' be helpful. We have obtained copies of t_he City Manager code or ordinance sections from 17 of the 18 cities in Or-~nge County with the Manager plan, as well as copies ~rom the League of Cities of tlee Livingston, Compton and Redondo Beach ordinances and the League's .~-~del published Ln 1968 (enclosed). Nothing has really changed in all those years. Ln ove~ziew, the differen~ are not distinct except for the traditional one that a City ~ager has au~%crity to hire and fire all department heads whereas an Administrator usually ~_-points with the consent of, or reoorm~nds appointment to,-:~ the City Council. Ir. Uus~n,' ~ are halfway there since I am able to appoint the Chief De?~Tf City Cierx, ~e Finance Director, and the Personnel Director. Beyond ~_-~ depar~-r~mnt he_~L ~aestion, the City Managerplan depends on the willingness for a Cc~ci! ~ Celegate and assign responsibilities to the Manager. Examples of this dele?msicr, c~uld be: authority to control the rates, fees and useage of public bui!dL~s; authority to issue various permits now issued by the Council; authority to ~r_~nt meritorious pay advancements within budgeted funds; authority to transfer D~nds between departments which do not create a larger budget; etc. The d.~3r_ee to which the Council is willing to have the Manager act as a general business manager is therefore dependent more on the Council in enacting various ordinances than in the basic ordinance enacting the plan. In every ordinance, the Council's involvement needs to be reviewed to determine if the public's interest really requires that involvement or whether it could ~ reasonably be handled by the Manager. Furthenmore, no ordinance is going to be effective if Counci3~aembers encourage or allow employees and depazh,ent heads to complain to them: (1) without evidence that the employee has fully purs6ed all mdministrative remedies, and (2) the employee is not prepared to go in with the Councilmember to the Manager to confront the issue. Many employees will oomplain about true, half-true, misunderstood, or fabricated situations when it is under a cloak of anonimity _hut become much more careful (and probably more factual) when they are going ho have their involvement known. Some Councilmembers in the past have deliberately encouraged employees to confide in them because they wanted to have "inside information" or they were "suspicious" of how things were being handled. whole Council .~hould have all the information it needs and each member should operate on the same information base. If an investigation is needed, the Manager should make a report. If that is not adequate, then the Council should hire an auditor or som~ other outside party to settle the matter. I have attached a coPY of the City of Tustin's A~ministrator Ordinance marked up as a City Manager Ordinance. The striking thing is that there are so little changes. Most are the title and slight word revisions. ~he following are specific changes which would appear warranted or desirable. Change Section 1415 b "Authority over Department Heads". This was probably written in this form because department heads were very concerned about the plan when the City converted from almost a con~ission plan in 1964. Change Section 1415 c "Powers as Director of Personnel". This revision reflects the traditional manager authority to hire department heads.' Add SectiOns 1415 n, o, p, q and r attached which amplify duties. Add SectiOn 1416 f ~ich provides a desirable severance pay p£ovision commonly used. "On termination of 'e:'p!oyment of the City Manager by reason of involuntary removal from service, other than for willful misconduct in office, the City . Manager shall rece_ive cash severance pay in a lump sum equal to two m~nths' pay for every year cf continuous servic~ or fraction thereof as City Manager, up to a total of s~x .~cc~ths' pay, such pay to be oDmputed at the highest sa!a-~y receive~ ~_~- rl~e City Manager during his service with the City. Invc!untary re~va! £~om service shall include reduction in pay not applicable to aL1 =~?ioyees of the City. Livingston alSO h~ sc~-~_ sections which could be desirable such as: E~,'_ction 4 ~i£) A3POiN~f ~0 ACTING CAPACITY. Designate himself or some other offi~_~er cr _~._loyee to perform the duties of any office or p0sitic~. ~ =~= a~Tinistrative service under his control whid~ is vacant or wti~ lac2<s ~inistration due to the absence or disability of t_he enc~r;~nt. o c. Section 4 (H) ~SSCW. nrANEOUS DUTIES. Serve in any appointed office within the City government to which he may be qualified, when appointd thereto by the City Council, ~nd to hold and perform duties thereo~ at the pleasure of the City Council. Investigate all c~mplaints related to matters concerning the administratiOn of the City government or services of public utilities in the City. P~rform such other duties and exercise such other powers as may be delegated to him fro~ time to time by actiOn of the City Council. Section 5 (A) PRESCRIBE. RULES. Have the power to pres=~ribe such rules and regulations as he shall deem necessary for the conduct of administrative agencies subject to his authority,ar~ he shall have the power to revoke, suspend, or amend any rule or regulation of the administrative service by whomever prescribed. aw Section 5 (C) OVERRULE OFFICIA~-q. Have the power to set aside any action taken by a department head and may supercede him in the functions of his office. e. Section 5 (D) DF. LFC~_TE DOTIES. Have the ~ower to direct any deparhrent, division or bureau to perform the work for any other department, division or bureau. Several ordinances provide for a bond for the City Manager. I am not cer~a{n what this really accomplishes. The City of Tustin has a blanket ~ployee bond which may accomplish the sam~ purpose. DAN BLAN~-NSHIP, City ki~ninistrator DB:dmt ~ (l~ To devote his/her time as required by the duties and interest of the city. ~ ~ To make reports and recomnendations as may be desirable or as are requested by the city council. ~ ~ To serve in any appointed office or as head of a department within the city government to which he/she may be qualified when appointed thereto by the city council and to hold and perform the duties thereof at the pleasure of the city council. ~ ~ To provide leadership for civic movements designated to benefit the residents of the city when so authorized by the city council. ~ ~ To perform such other duties and exercise such other power~ as may be delegated to him/her from time to time by ordinance or resolution of the city council. ~Tcity mana?r shall furnish a corporate surety bond to be approve the citj~ouncil in such sum as may be determined by the city council s~all.be cl~iticned on the faithful performance of the duties impo! Ex o~-icio me~.-t~e~f boards and comissions. The city manager missions appointed~.~'~ a r~ght to participate i without vote- be an ex officio member of a ~ and com- mayor or the city council ~ant to law, with .... deliberations or acti by his voice but Assistance, eec.? ~f subordina' ficers. It shall be ~he duty of all clerk, the city attorney and the cit the city manager in economically and harmoniously as may as prescribed by law and the ~ces of officers, including the city to cooperate with and assist of the city most efficiently, consistent with their duties ty. Removal; vote of counc' required. The city counc remove the city manager by a council (3 votes such time as deemed necessary by the of the'Whole council. Removal; bec ( .,moval. nary resolution, thirty (30) days before the removal of the city manage~hall the city council sha]l, by a three member vote of i~ adopt a preliminary resolution stating the reason for h($/her -~ TUSTIN CiTY CODE CITY OFFICERS 1411 ~ART1 CHAPTER 4 CITY OFFICERS 1411 O~FICEESTABLIS~9 The Office of the City ~-%niW~-a~r is here~y create~ an~ establ{she4. The City ~.~-%~*~- shall be ap~ointe4 by the Cit~ Council wholly on the basis of his &~str&tive aha executive ability a~4 qualifications ~4 sba~l. ~ola office-~-~--an4 4uring the Pleasure of the City Council. (TCC-I, Sec. 2-27/Or4. ~O. 269, Sec. 1.) Residence in the City shall not be required as a condition of appointment. (Ord. No. 514) b E!ig!bi!ityfor A=_--/-~i~-,~.~nt F~n4~ ! ~o persc~ elected -a~ a C~nci!~n of the/City shall, subsequent to suc~aelection, be eligible for a~.=cLn~---ant as City ~m{4~trah~ un~{~ one (1) year b~s elapse~ after ~uzh Cou~.ci! =e-%~r ska!! have ceased to be a member of the City~ouncil. (TCC-!, S~=. 2-29/Cr~. ~. 269, Sec. 1) c Cc--_---e_nsatlon The ~_y-0~--~n~z:r _ ===~ receive such compensation and expense allowances as ~e City Co~c~ s==~ from t~e to ~ dete~e ~a d~y fix, ~a such compensa~on ~a e~nse shall be a proper charge against ~ch f~ds of~e City as ~e City Cocci! she71 designate. (~C-1, Sec. 2-32/0rd. No. 269, S~. 1). d Position to be :'~!l-Time The position of City-~J~.,:ui~ ,~o~ shall ~e full-tlme, an~ the ~=]~,;,~2.'~.~t.c.r shall have no other ~n~_oloymsnt without prior Council aDproval. (TCC-1, Sec. 2-46/0rd. No. 269, Sec. 1) e Appoin~ent of ./.~,..'~ator ~o Tcn_~0r~ ~ne City Council m.a~y from tlm~ to time a_u~oint ;n Adr~nioL==tu= pro tem~ore, to serve during any temporary absence or disability of the City A~aui~isL_~c.r. (TCC-1, Sec. 2-31/Ord. ~o. 322) F~=-9~'- 1412 COU~JCIL-CITY AD:II_~I~T~%TO.q ~ELATIONSHIP ~ne City Council and its members shall/deal with the administrative services of the City only through the City A~Jai~to=, an~ except for the l~u .rpose of . inquiry, neither the City Council nor any me~nber thereo~ shall give or~er~ to .TUSTIN CITY CODE CITY 0FFICEK~ any subordinates of the City ~dmi~k~ator. The City J~/minlutra~= shal~ake his orders and instructions from the City Council when sitting in a duly hel~ meeting of the City Council, and no indivi~ual Councilman shall give or, ers or instructions to the City Admln/strator. (TCC-1, Sec. 2-48/Ord. No. 269, Se~.l) 1413 ASSISTANCE FROM OTHER CITY OFFICERS ~A.~j~. It shall be the ~uty of all. Subordinate officers and/the City Clerk. City Treasurer and CityAttorneyto assist the City~i~L~to~ as well as the City Council in a~nlstering the affairs of the City efficiently, economically an~ harmoniously so far as may ~e consistent with their~uties as ~res=ribe~by law an4 ordinances of the City. (TCC-1, Sec. 2-49/0ra. No. 269, Sec. 1)- 1414 AT~=~DANCE AT .~TLNGS OF CO~HISSIONS, ~OARDS ~ CO~-l'~S ~e ci~ ~~ah~_ ~y attend ~y ~ ~1 nee~gs of ~e Pl~ng ~s~on, ~crea~on or P~k Co~ssion ~ ~y o~er co~sions, ~as or toaSt,es h~eafter create~ by ~ City Co,oil u~n his o~ roll,on or u~n direc~on of ~e City Co,mci!. At such ~et~gs which ~e City A~ni~=~ attends, he shall be he~d by such cc~ssions, ~ds or co~ttees as to all ~tte~ u~n which he wishes to _~r~s-=~ = ~=_._ m~ers ~ereof. He shall ~fo~ such me~er= as ~ ~e status of ~y .... =- ~aing considered by ~e City Co~c~, an~ he s~ co~Derate to ~e fu!!esu e~nt wi~ ~e members of all co~ssions, ~ar~ or co~ittees ap~inted ~i ~t_ City Co,oil. (~C-1, Sec. 2-50/Ord. ~Io. 269, Sec. 1415 -~=~FIST~AT---,~ }C%-EF~ ;=ND DUTIES GE~ERAT,?,Y ~e City ~~r sh~! be ~e a~nis~a~ve head of ~e gove~ent of ~e City ~n~ar ~e direT~=n ~ control of ~e City Council, except as o~e~ise provided in ~his c~gu~r. Ee shall be res~ns~le for ~e efficient ~on of ~! ~e aff==-z cf ~ta City which are ~er ~s control. In ad~on to his general ~wers ~s ~=-~ ~ative head, an~ not as a l{m{tation ~ereof, sh~l be ~s duty and ka shall have ~e ~wers set for~ in ~e following sections. (~C-1, S~c. 2-33/Ord. No. 269, Se~. 1) a Enforcement of Tmws, Franchises, Contracts, Perdita, etc. It shall be the duty of the City~ni~-~a'h~]to enforce aT, laws and of the City and to see that all franchises, contracts, permits an~ privileges granted by ~he City Co~ncil are faithfully observed. (TCC-1, Sec. 2-34/Or~. No. 269, Sec. !) b Authority over Department Heads /~/~ ~ ~- · . It shal~ be the duty of the Cit~ 9.d~mlr_i~ratoN, and he shall have ~e au~o~t~ ~ot~f dc~=~cz~t ~cl~t~] Lo consol, o~er and give ~rections to all heads of 4epar~ents~ (~C-I, Sec. 2-35/Ora. No- 269, c Powers as Director of Perso~el ~It shall be ~e duty of ~he City A~istra~r)tq act as D~rector of Petiole1- He shall have ~e authority to ap~int, promnte,~d~ote, r~ve, reassign, or CITY CODE CITY OFFICERS Treasurer, an~lCity Attorney,~u~d L~ ~.~an~ ~ s~ject %o ~y an4 all aDplic~le ~les, ~locations an4 financi~ appropriations. pay increases will ~e app~v~ or de~ed by ~e City for all~ ~loyees, must be approved by 2-36/0rd. No. 269, Sec. 1; Ord. No. 332) d Raorg~.nization of Offices, Positions, etc. ;~-~ It shall be ~e duty ~ res~ns~ility of ~e ~ Lo ~a Ci~' ~'"~ :uch r~rg~z~tlo~ ~offices, ~sitions, units ~nder his ~rec~n as ~y be indicate4 ~ ~e interest of effi~t,. effective ~d econo~c~ ccnduct of ~e City's business. (~C-1, Sec. Z-37/Ord. No. 2~9, Sec. 1) e ~tv to Reco==~en~ ~oution of Necessary Ordinances - be the duty ' City A~-_-'ni~tu~, (It of -~ ~nd he she ecommendto the shall city Council for alo~Ltun such measures and ordinances as he deems nece~arY"or expe~-ient. (TCC-i, Sac. 2-38/0rd. No. 269, Sec. 1) f Attendance a= - ..... :7 Meetings Required It shall be the du:2- -; -== City Afn:n~ut~-at~r/to atten~ all meetings of the City Council unless er.--_sad therefrom except when his removal is under consider- ation. (TCC-1, S~c. 2-39/Ord. No. 269, Sec. 1) g Financial Rs?o_--ts to City Council Required Lit shall be the du~y of the City A~--ini~U~L~a/to keep t~he City CounciLat all times fully advised as to the financial conditions an~ needs of the City. (TCC-1, Sec. 2-40/Ord. No. 269, Sec. 1) h Preparation of Annual Budget an~ Salary Plan .. ~ shall be the duty of the City A~f~-tn~er~ to pre,are an~.submit ~ proposed a~nual budget an~ ~ro~osed annual salary plan to the City Council for its approval. (TCC-1, Sec. 2-41/Ord. ~- 269, Sec. i To Act as Purchasing Agent ' %+u ~- ~ ~t shall be the duty of the City ~Z~nict~t~i and he shall be respon$i~l~ --few- thc ~urch;re-- o~ all the depart_ments or divisions of the City. No expenditures TUSTIN CITY CODE CITY OFFICERS 1415i shall be submitted or recommended to the City Council except on re~oort an~ approval of the City A~ninistrator. (TCC-1, Sec. 2-42/Ord. No. 269, Sec. 1) j Investigations--Affairs and Obligations of City ~It shall be the duty City Ad...i~i~,~t~r;to make investigations inter he of the affairs of the City and any department or division thereof and any contract or the proper performance of any obligations of the City. (TCC-1, Sec. 2-43/Or~. No. 269, Sec. 1) k' Com.ola{nts; Service by Public Utilities Franchises an~ Permits (It shall h~- the duty of th, City -~?~a~or~to investigate all complan-ts in relation to matters concerning the a~ministratlon of the City Government and in regard to the se-~;ice maintained by public utilities in the City an~ to see that a!~ franchises and permits granted ~y the City are faithfully per-- formed =nd observed. (TCC~-!, Sec. 2-44/0rd. No. 269, Sec. 1) i Su_~e_.--vision over -~lic Property t shall ~e ~.e du~y cf ~xe City ,~inigt~ ,~and ha ~h~lt exercise 9ea~ sure,is!on o~er ~! ~i~c buildings, p~!ic parks~d all o~er p~lic ' property which is ~nfer ~te control and j~isdiction~of ~e City Co~ciI. (~C-!, Sec. 2-45/0rd. ~:o_ 2S9, Sec. 1) ~/%~& m Ad~onal Duties t shall ~ ~.e dut~ ~f ~%a City A~,~nst==t~-~to perfo~ such o~er duties and exerciae su~ o~h~ p-r==-s -- == may be delegated to h~ from time to time by ordin~3~ or res0lur~-z cr c~er action of ~e City Co~cil. (TCC-1, Sec. 1416 P~MOV~ FRO~.~ C:: 72~ a Re~aired Vote; Notice of Intention to Remove The re~-~val of the City m nA~%~s ~_a~r shall be only u~n a ~ree-me~er or ~re vote of ~e whole ~ncil ~ ~e City in regul~ Co,oil m~eting,- ~r v~n a -fo~ ~,==~=~ ~La c~ ~ ~'bo~ ~'~i!, in tho City in rc~la~ ~n~i! m~tin~, -if t].a w].Lla Co,~n~il ka~ oavcn ~,.=~a~u,- s,~ject, however, to the provisions'of ~e next succeeding s~sections. In case of his ~tenaed removal by ~e City Co~cil, ~e City AF~]~'~'~"~ shall be furnished with a written notice stating ~e Co,~cil's intention to r~ve h~ ~d reasons ~erefor at least thi~ days before the effective date of h~ removal. (~C-1, Sec. 2-51/Ord. No. 269, Sec. 1) b ~earing by Council ~~- Within seven (7) days after the delivery to the City A~v. inistrJtor of suc~ notice, he may, by written notification to'the City Clerk, request a hearing before ~he City Council. Thereafter the City Council shall fix a time for the TU~TIN CITY CODE CITY 0FFICEP~ hearing, which shall be held at its usual meeting place but before the expira- tion of the thirty-day period, at which the City ~%.~rator shall appear and be heard wi~h or without counsel. (TCC-1, Sec. 2-52/Ord. No. 269, Sec. 1) C Suspension Pending Hearing After furnishing the City-Admini£f~aL~ with written notice of intended re~val the City Council may suspend him from duty, but his coml~ensatlon shall continue until his 'removal by resolution of the Council, passed subsequent to ~heafore- said hearing. (TCC-1, Sec. 2-53/Ord. No. 269, Sec. 1) d Discretion of Council; Decision to be Final In ten,ring the Cz=y~,'=;~-~~, the City Council shall use its uncontrollea discre~ioa, and its scion shall be final an~ sh~l not depen~ u~n ~y p~ti- cular ~kowing or decree of proof at ~e hearing, ~e p~se of which is to allow ~._ uzty n~v~n~=~_or to present to ~e City Council his gro~4s of op~si~on to his r~val prior to its action. (~C-1, Sec. 2-54/Or~. No. 269, Sec. 1) e L~ftations on~e~v_~=" Notwithstanding h_ =_~-;:sions of this article hereinbefore enumerated, the City -~° ~~/-/Ad.~._"r. ir~_-~t~r shall --- ~= re-~oved from office during or within a period of n/nety (90) days .nax: succ=_eding any general municipal election held in the City, at which election a -=-'-=- of the City Council is elected~e purpose of this provis±~n is to a!/~'z ~_-.y newly elected member of the city Council or a reorgan- ized Ctty Council C5 ~-b-~----~-;e 'the actions and ability of the City-Adc. i~t~ '"~--/ in tlta perfo~=_nce uf -'-e gowers and duties of his office. After the expiration of suzl-_ m. inety-d--l-- _- ' -~-- aforementioned, the provisions of the preceding sub- secti--n as to t2-.-_ _- -=l cf ~City A~inist~a~o~ shall apply and be effective. (TCC-!, Sec. 2-55/Cra. _~:. 269, Sec. 1) ~'~- 1417 ~rP~TTEN NOCiCE OF RESIGNATION REQUIRED The City ~A~ini~trLter shall give the Council thirty (30) days' %rritten notice of his intention to resign. (TCC-1, Sec- 2-56/Ord. No. 269, Sec. 1)