HomeMy WebLinkAboutORD 269 (1964) ORDINANCE NO. 269
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ADDING ARTICLE V OF CHAPTER 2 TO
THE TUSTIN CITY CODE, DEFINING THE DUTIES AND
POWERS OF THE CITY ADMINISTRATOR.
WHEREAS, the position of s City Administrator to be
. created and used by the City of Tustin to increase the efficiency
of the City's administration has been the subject of much study
and review; and
!1 ~ WHEREAS, within the past six months two esteemed and
qualified Councilmen, who served as Mayors of Tustin, were
compelled to resign their positions as Mayors, md stated, in
essence, as theirlreason for resigning, that they were unable
to devote sufficient time to the proper performance of the duties
of Mayor, without loss to their personal obligations to their
business activities and their families; and
WHEREAS, the Council members, individually and collec-
tively, serve without pay on a part-time basis and cannot meet
adequately both personal obligations and devotion of sufficient
time to the day-to-day affairs of the Cityof Tustin; and
WHEREAS, it is the established intent Of the ~oters
of Tustin and their elected and appointed officials that the
Council'be composed of unpaid, public-spirited citizens who will
establish the policies and programs of the City; and :
WHEREAS, the recent past has disclosed that the Council
could have more effectively performed its responsibilities with
the assistance of a full-time, competent employee charged with
coordinating the affairs of the City and delegated the necessary
"' powers to make decisions promptly and Continuously when the Mayor
and members of the Council are neither available nor in session;
,,_ and
WHEREAS, the Council desires to establish a competent,
coordinated, efficient, and progressive administration designed
to meet present and future needs of the City of Tustin; and
WHEREAS., the failure of the CounCil ~o act in this
matter will stultify the present and future growth of ou~
dynamic community; and
WHEREAS, the members of the Council believe that the
City.can best advance and develop in the future through the
u~ilization of a City Council of the type presently desired by
the voters coupled with the employment of s-City Administrator
subordinate to the Council and serving on a full-time basis,
NOW, THEREFORE, the City Council of the City of Tustin
does ordain as follows:
Section l: That Article V of Chapter 2 is hereby
added to the Tustin City Co~e, to read as follows:
ARTICLE V
Section 2-27 Office Created
Section 2-28 Residence
Section 2-29 Councilmen - Eligibility
Section 2-30 Bond
Section 2-31 Temporary Administrator
Section 2-32 Compensation
Section 2-33 Powers and Duties
Section 2-34 Law Enforcement
Section 2-35 Authority over Employees
Section 2-36 Power of Appointment, etc.
1200
Section 2-37 Reorganization of offices, etc.
2-38 Ordinances
2-39 Attendance st Council Meetings
2-40 Financial Reports
2-41 Budget
2-42 Purchasing Agent
2-43 Investigations
2-44 Public Utilities - Franchises
2-45 Public Buildings
2-46 Hours of Employment
2-47 Additional Duties
2-48 Council-Administrator Relations
2-49 Department Cooperation
2-50 Attendance at Commission Meetings
2-51 Removal of Administrator
2-52 Hearing
2-53 Suspension Pending Hearing
2-54 Discretion of Council
2-55 Limitation on Removal
2-56 Notice of Termination
'2-27 Office Created. That the office of the City
Administrator of the City of Tustin be, and the same is hereby
created and established. The City Administrator 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.
2-28 Residenq~. Residence in the City at the
time of appointment of a City Administrator shall not be
required as a condition of the appointment, but within one
hufidred eighty (180) days thereafter the'City Administrator
must become a resident of the City, or the City Council may
declare the office of City Administrator to be vacant.
2-29 Eligibility. No'~pers~n. elected as s Councilman
of the City shali, subsequent to such election be eligible
for appointment as City Administrator, until one year has
elapsed after such Council member shall have ceased to be a
member of the City Council.
2-30 Bond. The City Administrator shall furnish
a corporate~'surety bond to be approved by the City Council in
such sum as maybe determined by the said City Council, and
shall be conditioned upon the faithful performance of the duties
imposed upon the City Administrator as herein prescribed.
Any premium for such bond shall bela proper charge against
the City .of Tustin.
2-31 Temporary ~dministrator. The City Council
shall appoint an Administrator pro-tempore, to serve during
any temporary absence or disability of the City Administrator.
Said person shall ~urnish a corporate surety bond conditioned
upon faithful performance of the duties required to be
performed as set forth in Section 2-30 hereof.
2-32 Compensation. The City Administrator shall
receive such compensation and expense allowance as the City
Council shall from time'to time determine and duly fix, and
said compensation and expense shall be a proper charge against
such funds of the City as. the City Council shall designate.
2-33 Powers and Duties. The City Administrator
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 ss administrative head, and not as a
limitation thereof, it shall be his duty and he shall have the
powers set forth in the following sections.
2-34 Law Enforcement., It shall be the duty of the
City Administrator 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.
2-35 Authority over Employees. It shall be the duty
of the City Administrator, and he shall have the authority, in
matters of administration and not of departmental~specialty, to
control, order and give direction to all heads of departments.
2-36 Power of Appointment, etc. It shall be the duty
of the City Administrator to act as Director of Personnel, and
he shall recommend to the City Council, except that when a Personnel
Board shall have b~en constituted, then to the Personnel Board, the
appointment, removal, promotion and demotion of all employees of
the City of Tustin, except the City Clerk, City Attorney and
City Treasurer, subject to any and all applicable Civil Service
rules and regulations.
2-37 Reorganization of Offices. etC. It shall be the
duty and responsibility of the City Administrator to recommend
to the City Council such reorganization of offices, positions,
departments or units under his direction as may be indicated in
the interest of efficient effective and. economical conduct of
the City's business.
2-38 Ordinances. It shall be the duty of the City
Administrator, and. he shall recommend to the City Council for
adoption such measures and ordinances ss he deems necessary
or expedient.
2-39 Attendance at Council meetingS.. It shall be
the duty of the City Administrator to attend all meetings of
the City Council unless excused therefrom, except when his
removal is under consideration.
2-40 Financial Reports. It shall be the duty of
" the City Administrator to keep the City Council at all times
fully advised as to the financial conditions and needs of the
City.
2-41 Budget. It shall be the duty of the City
Administrator to prepare and submit the propos6d annual budget
and the proposed annual salary plan to the City Council for
its approval.
2-42 Purchasing. Agent. It shall be the duty of the
City Administrator and he shall be responsible for the purchases
of all of the departments or divisions of the City. No
expenditures shall be submitted or recommended to the City
Council except on rep~6rt and approval of the City Administrator.
2-43 Investigations. It shall be the duty of the
City Administrator'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.
2-4~ Public Utilities - Franchises. It shall be
the duty of the City Administrator 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, and to see that all franchises, permits
granted by the City are faithfully performed and observed.
2-45 Public Buildings. It shall be the duty of the
City Administrator and he shall excercise general supervision
over all public~ buildings, public parks and all other public
property which is under the control and jurisdiction of the
City Council.
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2-46 Hours of Employment. The position of Administrator
shall be full-time, and the administrator shall have no
other employment without prior Council approval.
2-47 Additional Duties. It shall be the duty of
the City Administrator 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 action
of.the City Council.
2-48 Council-Administrator Relations. The City
Council and its members shall deal with the administrative
services of the City only throught the City Administrator,
and except for the purpose of inquiry, neither the City
Council nor any member thereof shall give orders to any
subordinates of the City Administrator. The City Administrator
shall take his orders and instructions from.the City Council
when sitting in a duly held meeting of the City Council, and
no individual councilman shall give orders or instructions
to the City Administrator.
2-49 DepartmentalCooperation. It shall be the
duty of all.subordinate officers and the City Clerk, City
T~easurer and City Attorney to assist the City Administrator,
as well as the City Council, in administering the affairs of
the City efficiently, economically and harmoniously, so far
as may be consistent with their duties ss prescribed by law
and ordinances of the City.
2-50 Attendance at Commission Meetings. The City
Administrator may attend any and all meetings of the~'P~anning
Commission, Recreation or Park Commission, and any other
Commissions, Boards, or Committees hereafter created by the
City Council, upon his own volitionor upon direction of the
City Council. At such meetings which the City Administrator
attends, he shall be heard by such commissions, boardsor
committees as to all matters upon which he wishes to address
the members thereof, andhe shall inform said members as to
the status of any matter being considered by the City Council,
and he shall cooperateto the fulleat extent with the members
of all commissions, boards or committees appointed by the~
City Council.
2-51 Removal of Administrator. The removal of the
City Administrator shall be only upon a three-member, or
more, vote of the whole Council in the City in regular Council
meeting, (or upon a four-member vote of the whole Council, in
the City in regular Council meeting, if the whole Council
has seven members), subject, however, to the provisions of the
next succeeding sections. In case of his intended. removal
by the City Council, the City Administrator shall Be furnished
with s written notice stating the Council's intention to remove
him and reasons therefor, st least thirty days before the
effective date of his removal.
2-52- Hearing. Within seven days after the delivery
to the City Administrator of such notice, 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 hesring,~which shall be heldat its usual meeting place,
but before the expiration of the thirty-day period, st which
the CitylAdministrator shall appear and be heard with or without
counsel.
2-53 Suspension Pending Hearing. After furnishing
the City Administrator with written notice of intended removal,
the City Council may suspend him from duty, but his compensation
shall continue until his removal by resolution of the Council,
passed and subsequent to the aforesaid hearing.
[ 1203
2-54 Discretion of Council. In removing the City
Administrator, the City Council shall use its uncontrolled
discretion and its action shall be final and shall not depend
upon any particular showing or degree or proof st the hearing;
the purpose of which is to allow the City Administrator to
present to said City Council his grounds of opposition to his
removal prior to its action.
2=55 Limitation on Removal. Notwithstanding the
provisions of this ordinance hereinbefore enumerated, the City
Administrator shall not be removed from office during or within
a period of ninety (90) days next succeeding any general
municipal election held in the City at which election s member
of the City Council is elected; the purpose of.this provision
is to allow any newly elected member of the City Council or a
reorganized City Council to observe the actions and ability of the
City Administrator in the performance of the powers and duties
of his office. After the expiration of said ninety-day period
aforementioned, the provisions of the preceding section s~
to the removal of said City Administrator shall apply and be
effective.
2-56 Notice of Termination. The Administrator shall
give the Council thirty (30) days' written notice of his inten-
tion to resign.
Section 2: This Ordinance shall take effect thirty (30)
days after its final passage.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, California, held on the 7th day of
December, 1964.
MAYOR
ATTEST:
CITY CL~RK ~
STATE OF CALIFORNIA,)
COUNTY OF ORANGE )
CITY OF TUSTEN ) SS.
RUTH C. POE, City Clerk and ex-officio Clerk of the
City Council Of the City of Tustin, California, does hereby certify
that the whole number of themembers of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance was
duly introduced and read at a regular meeting of the City Coui~cil
held on the 16th day of November 1964, and had its second reading
and was passed and adopted st a regular meeting of the City Council
held on the 7th day of December 1964, by the following vote:'
AYES: COUNCILMEN Mack, Klingelhofer, Coco, Miller, Rin. g..
NOES: COUNCILMEN None
ABSENT: COUNCILMEN None.
· ~ CIT~.CLERK
City of Tustin, California