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HomeMy WebLinkAboutORD 1131ORD 1131ÜÂ;¢fì¨Þ ORDINANCE NO.1131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK CODE OF ORDINANCES SECTION 31.01 et seq., BY DELETING PROVISIONS FOR CITY MANAGER AND ADDING PROVISIONS FOR CHIEF EXECUTIVE OFFICER CEO") WHEREAS, the City Council of the City of Baldwin Park embarked on a new and unique form of city governance in or about October 7, 1993 by establishing the Executive Team hereinafter, E"-Team) in the absence of a City Manager; WHEREAS, the City Council on or about October of 1996 decided to return to the City Manager form of government, yet still desired to retain the team concept of governance with the full participation of department heads; WHEREAS, the City Council now desires to develop a blended approach to government incorporating both elements of the City Manager form of government and the E"-Team which functioned without an administrative head; WHEREAS, the City Council has stressed the need for free flowing ideas and innovations proposed by department heads and employees to be communicated without impediment to the council; WHEREAS, the City Council has emphasized that the council must be informed on all significant matters, especially with respect to finance and the economic well-being of the City; 1 BIB] 37643-U01 ORD-U02 1131-U02 LI2-U03 FO4263-U03 FO4264-U03 DO4476-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1131-U05 MAY-U05 6-U05 1998-U05 ORD 1131ÜÂ;¢fì¨Þ WHEREAS, the City Council intends for the CEO to permit the E"-Team to function, with each department head having primary control over his/her respective department; WHEREAS, the CEO is intended to serve as a facilitator in the day to day operations of city government, directly interceding only where conflict or other causes prevent the efficient operations of the E"-Team; WHEREAS, the CEO shall serve as a check and balance on city operations and the E"-Team, bringing to the attention of the council problem areas which require council intervention; WHEREAS, the CEO is intended to evaluate department heads on behalf of the council and provide guidance and assistance as needed. NOW THEREFORE, the City Council of the City of Baldwin Park does hereby ordain: SECTION 1. That Section 31.01-31.06 is hereby deleted and Section 31.01 et seq., is added as follows:: CHIEF EXECUTIVE OFFICER 31.01 OFFICE CREATED AND ESTABLISHED. There is hereby created in the unclassified service of the City the position of Chief Executive Officer, hereinafter referred to as CEO") who shall serve directly under the 2 BIB] 37643-U01 ORD-U02 1131-U02 LI2-U03 FO4263-U03 FO4264-U03 DO4476-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1131-U05 MAY-U05 6-U05 1998-U05 ORD 1131ÜÂ;¢fì¨Þsupervision and control of the Council in a purely at will, administrative capacity and whose powers and duties shall be as in this Chapter hereinafter set forth: Section 31.02. ELIGIBILITY. No member of the City Council shall be eligible for an appointment as CEO during his term as such, nor within one year after he has ceased to be a member of the Council. Section 31.03 DUTIES. A) The CEO shall provide administrative continuity, support, motivation and coordination of the E"- Team. The CEO shall preside at all E"-Team meetings as Chairperson of the Executive Team. The CEO shall also assist in the formation of a mid- management level team to serve as an idea generating mechanism and to provide ongoing support, motivation and coordination of mid-management employees. Z) The CEO shall conduct ongoing evaluations of all city departments within the scope of the E"-Team to ensure that there is ongoing consistent and high level of effectiveness and efficiency in all services provided. C) The CEO shall conduct personnel evaluations of all department heads at a minimum of an annual basis on behalf of the City Council. Evaluations of department heads will be reviewed by the City Council upon completion. The CEO shall also be responsible for the administration of the personnel division. The CEO shall designate a qualified officer or employee of the City to act as Personnel Officer. The City Council shall be informed of all recruitment, hiring, termination, and promotions of City personnel. 3 BIB] 37643-U01 ORD-U02 1131-U02 LI2-U03 FO4263-U03 FO4264-U03 DO4476-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1131-U05 MAY-U05 6-U05 1998-U05 ORD 1131ÜÂ;¢fì¨Þ D) The CEO shall ensure on behalf of the City Council the need for flee flowing ideas and innovations proposed by department heads and employees which shall be communicated without impediment to the council. E) The CEO shall ensure that the City Council is informed on all significant matters, especially with respect to finance and the economic well-being of the City. The CEO shall develop a mechanism, including weekly updates, to ensure full communication between city staff and the City Council. F) The CEO shall tactfully and diplomatically present professional views, concerns and short-term/long-range implications of proposed policy action which may be under consideration, within the context of the uniqueness of Baldwin Park, while also being committed to ensuring that all Council decisions are enacted in a timely, effective, professional and impartial manner. The CEO shall perform an evaluation with respect to whether the policies of the City Council have been enacted. G) The CEO shall attend meetings of the Council with the duty of reporting on or discussing any matter concerning the affairs of the departments, services, or activities upon which in his judgment the Council should be informed. H) The CEO shall assist the Council and the E"-Team in coordinating the administrative functions and operations of the various departments, divisions and services of the City government, and on its behalf to carry out the policies, rules and regulations and ordinances adopted by it, relating to the administration of the affairs of such departments, divisions or services. 4 BIB] 37643-U01 ORD-U02 1131-U02 LI2-U03 FO4263-U03 FO4264-U03 DO4476-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1131-U05 MAY-U05 6-U05 1998-U05 ORD 1131ÜÂ;¢fì¨Þ I) The CEO shall serve as a facilitator in the day to day operations of city government, directly interceding only where conflict or other causes prevents the efficient operations of the E"-Team. J) The CEO shall serve as a check and balance on city operations and the E"-Team, bringing to the attention of the council problem areas which require council intervention. The CEO shall have the full authority to access all documents and computer records within each respective department for audit and evaluation purposes. K) The CEO shall cooperate with all community organizations whose aim and purpose it is to advance the spiritual and material interests of the City and its people and to provide them with assistance through the City government. He shall encourage direct contact between City Councilmembers and said community organizations. L) The CEO shall not exercise any policy-mailing or legislative functions whatsoever nor attempt to commit or bind the Council or any member thereof to any action, plan or program requiring official Councilmanic action. It is not intended by this Chapter to grant any authority to, or impose any duty upon said CEO which is vested in or imposed by general law or valid ordinances in any other City commission, board, department, officer or employee. M) The CEO shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his contacts with the public and with all City commissions, boards, departments, officers and employees and shall use his best efforts to establish and maintain a harmonious relationship between all personnel employed in the government of the City to the end that highest possible standards of public service be continuously maintained. 5 BIB] 37643-U01 ORD-U02 1131-U02 LI2-U03 FO4263-U03 FO4264-U03 DO4476-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1131-U05 MAY-U05 6-U05 1998-U05 ORD 1131ÜÂ;¢fì¨Þ N) The CEO shall perform such other duties as may be required of him from time to time by the City Council. 0) The CEO shall inform the City Council of all media contacts or communications directed at the City and may be the spokesperson for the City on a case by case basis where authorized by the City Council; however, when the CEO serves as media spokesperson, the City Council shall not be prohibited from or impeded in any way from communicating with the media. P) The CEO shall facilitate and monitor each department in the preparation and submittal to the Council of the itemized annual estimates of expenditures required by any of the departments for capital outlay, salaries, wages and miscellaneous operating costs; to ensure and facilitate the presentation of a preliminary consolidated municipal budget and ensure the submittal of same to the Council before the 15th of June of each year with such recommendations as to such changes which he deems advisable. Q) The CEO shall monitor the administration of the budget by each of the departments after its final adoption and to keep the Council informed with respect thereto. R) The CEO shall monitor and inform the Council of the expenditures of all departments, divisions or services of the City government and to appoint a Purchasing Agent, upon council confirmation, for the purchase of all supplies, goods, wares, merchandise, equipment and material which may be required for any of such departments, divisions or services. S) The CEO shall be the Emergency Services Director and shall coordinate emergency services as required by local, state and federal law. 6 BIB] 37643-U01 ORD-U02 1131-U02 LI2-U03 FO4263-U03 FO4264-U03 DO4476-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1131-U05 MAY-U05 6-U05 1998-U05 ORD 1131ÜÂ;¢fì¨Þ Section 31.04 REMOVAL A) The CEO shall serve at the pleasure of the City Council, but he shall not be removed from office except: 1) At a regular, adjourned, or special meeting of the City Council; and 2) By a motion carried by not less than the affirmative votes of three members of the City Council. B) In removing the CEO, the City Council shall use its uncontrolled discretion, and its action shall be final and conclusive. Section 31.05. COMPENSATION The City Council shall, from time to time, establish the compensation to be paid to the CEO. Section 31.06. TERMINOLOGY All references in the Baldwin Park Municipal Code and ordinances and resolutions of the City Council to the office or position of the City Manager" and the like shall mean and refer to the CEO except where such provisions are inconsistent with Urgency Ordinance 1074 and 1110 and the provisions of this Chapter 31 Sections 31.01 to 31.06 unless the context of such a reference may require otherwise. Sections 31.01 to 31.06 shall take precedence with respect to any conflicts Urgency Ordinance 1074 and 1110. SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, 7 BIB] 37643-U01 ORD-U02 1131-U02 LI2-U03 FO4263-U03 FO4264-U03 DO4476-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1131-U05 MAY-U05 6-U05 1998-U05 ORD 1131ÜÂ;¢fì¨Þsubsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. SECTION 3. This Ordinance shall become effective thirty 30) days from the date of adoption. PASSED, APPROVED AND ADOPTED this 6th day of May, 1998. MAYOR LINDA L. GAIR, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss. CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the forgoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on April 15, 1998. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on May 6, 1998 by the following vote: AYES MUSE, LOZANO, PACHECO, VAN CLEAVE, MAYOR LOWES NOES: NONE ABSENT: NONE ABSTAIN: NONE 8- BIB] 37643-U01 ORD-U02 1131-U02 LI2-U03 FO4263-U03 FO4264-U03 DO4476-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1131-U05 MAY-U05 6-U05 1998-U05