Chapter 2.2 OFFICERS AND EMPLOYEES

* Article 1 entitled “Official Bonds,” consisting of Sections 2.2.101 and 2.2.102, codified from Ordinance No. 92, repealed by Section 1, Ordinance No. 440, effective March 20, 1968.

2.2.101 City Manager form of government adopted: Appointment and qualifications of City Manager.

The City Manager form of government for the City is hereby adopted. The City Manager shall be appointed by the Council solely on the basis of his executive and administrative qualifications and shall hold office during the pleasure of the Council. (§ 1, Ord. 71-2, eff. February 17, 1971)

2.2.102 Eligibility of Council members.

No person elected to membership on the Council shall be eligible for appointment as City Manager until one year shall have elapsed after such Council member shall have ceased to be a member of the Council. (§ 1, Ord. 71-2, eff. February 17, 1971; as amended by § 1, Ord. 06-44, eff. December 6, 2006)

2.2.103 Powers and duties generally.

The City Manager shall be the administrative head of the City government under the direction and control of the Council. He or she shall be responsible to the Council 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 the duty of the City Manager and he or she shall have the power:

(a) Enforcement of laws. To see that the provisions of this Code and all other laws and ordinances are properly enforced within the City;

(b) Personnel and department administration. Subject to the provisions of Article 2 of this chapter and to any rules and regulations promulgated by the Council thereunder:

(1) To appoint, discipline, and dismiss all subordinate employees of the City, except the City Attorney, and the department heads;

(2) To appoint, discipline, and dismiss all heads of departments, subject to Council confirmation;

(3) To appoint the City Clerk, subject to Council ratification;

(4) To discipline and dismiss the City Clerk without the need for Council confirmation;

(5) To appoint the City Treasurer as part of the position of the Director of Finance;

(6) To give notice to the Council of the recommended findings of the Personnel Commission in regard to new employees and their appointment by the City Manager and to keep the Council fully informed of all actions of the City Manager and the Personnel Commission in regard to the suspension, discipline, and dismissal of any City employee;

(7) To transfer employees from one department to another; and

(8) To consolidate or combine offices, positions, departments, or units under his jurisdiction;

(c) Control of officers and departments. To exercise control over all departments and divisions of the City government and over all appointive officers and employees thereof save and except the City Attorney, who is excluded from such control by law;

(d) Attend Council meetings. To attend all meetings of the Council and its committees, unless excused therefrom by the Council, except when his removal is under consideration by the Council;

(e) Recommend adoption of ordinances. To recommend to the Council for adoption such measures and ordinances as he or she deems necessary or expedient;

(f) Advice as to finances. To keep the Council at all times fully advised as to the financial condition and needs of the City;

(g) Prepare budget. To prepare and submit to the Council the annual budget;

(h) Prepare salary plan. To prepare and recommend to the Council a salary plan;

(i) Establish purchasing system. To establish a centralized purchasing system for all City offices, departments, and agencies, to act as purchasing agent for the City, and to give preference to local merchants, quality and price being equal. No expenditure shall be submitted or recommended to the Council except upon the report or approval of the City Manager;

(j) Investigate City affairs. To make investigations into the affairs of the City, any department or division thereof, any contract, or the proper performance of any obligation running to the City;

(k) Investigate complaints. To investigate all complaints in relation to matters concerning the administration of the government of the City and in regard to the service maintained by public utilities in the City, and to see that all franchises, permits, and privileges granted by the City are faithfully observed;

(l) Supervise public property. To exercise general supervision over all public buildings, public parks, and other public property which are under the control and jurisdiction of the Council and not specifically delegated to a particular board or officer, and to control, supervise, and inspect all public work being done by the City;

(m) Take inventories. To compile and preserve inventories of all City real and personal property upon taking office and annually thereafter to the end that the same may be kept current;

(n) To devote entire time to duties. To devote his entire time to the duties and interests of the City; and

(o) To perform additional duties. To perform such other duties and exercise such other powers as may be delegated to him from time to time by the provisions of this Code and other ordinances and resolutions of the Council. (§ 1, Ord. 71-2, eff. February 17, 1971, as amended by § 1, Ord. 74-35, eff. January 1, 1975, § 1, Ord. 75-28, eff. June 4, 1975; § 1, Ord. 21-03, eff. June 16, 2021)

2.2.104 Supervision by Council.

The Council shall have the right to instruct the City Manager in matters of policy, and any action, determination, or omission of the City Manager shall be subject to review by the Council, but no such action, determination, or omission shall be overruled or modified by a vote of less than three-fifths (3/5) of the members of the Council. (§ 1, Ord. 71-2, eff. February 17, 1971)

2.2.105 Council to deal through City Manager.

The Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purposes of inquiry, and neither the Council, nor any member thereof, shall give orders to any of the subordinates of the City Manager. (§ 1, Ord. 71-2, eff. February 17, 1971)

2.2.106 Salary and expenses.

The City Manager shall receive such salary as the Council shall from time to time determine and fix by resolution.

The City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under the direction of the Council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for which the reimbursement is requested, has been presented to and duly approved and allowed by the Council. (§ 1, Ord. 71-2, eff. February 17, 1971)

2.2.107 Cooperation of subordinates and other City officers.

It shall be the duty of all the subordinate officers and the City Clerk, the City Attorney, and the City Treasurer to cooperate with and assist the City Manager in administering the affairs of the City most efficiently, economically, and harmoniously so far as may be consistent with their duties as prescribed by law, this Code, and other laws of the City. (§ 1, Ord. 71-2, eff. February 17, 1971)

2.2.108 Terms of certain subordinate officers to cease upon appointment of new City Manager.

(§ 1, Ord. 71-2, eff. February 17, 1971; repealed by § 2, Ord. 74-35, eff. January 1, 1975)

2.2.109 Removal of City Manager prior to and after Council elections.

Notwithstanding any other provision of this article, the City Manager 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 a member of the Council is elected. The purpose of this provision is to allow any newly-elected member of the Council or a reorganized 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, the provisions of Section 2.2.101 of this article shall apply and be effective. (§ 1, Ord. 71-2, eff. February 17, 1971)

2.2.110 Bond.

The City Manager shall furnish a corporate surety bond, to be approved by the Council, in such sum as may be determined by the Council. Such bond shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as set forth in this article. Any premium for such bond shall be a proper charge against the City. (§ 1, Ord. 71-2, eff. February 17, 1971)

2.2.111 Temporary absence or disability.

The City Manager shall appoint, subject to the approval of the Council, one of the other officers or department heads of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. In case of the absence or disability of the City Manager and his failure to so appoint a Manager Pro Tempore, the Council may designate some duly qualified person to perform the duties of the City Manager during the period of absence or disability of the City Manager, subject, however, to such person’s furnishing a corporate surety bond conditioned upon the faithful performance of the duties required to be performed as set forth in Section 2.2.103 of this article. (§ 1, Ord. 71-2, eff. February 17, 1971)

2.2.112 Attendance at certain commission and board meetings.

The City Manager may attend any and all meetings of the Planning Commission, the Recreation Commission, and the Parking Commission, and any other commission or board heretofore or hereafter created by the Council, upon his own volition or upon the direction of the Council. At any such meetings at which the City Manager attends, he shall be heard by such commissions and boards as to all matters upon which he wishes to address them. (§ 1, Ord. 71-2, eff. February 17, 1971)

2.2.113 Authority to sign contracts, conveyances, warrants, and other instruments.

(a) City Manager. The City Manager is authorized to sign routine contracts, conveyances, warrants, and other instruments necessary for the day-to-day operation of the City, including instruments requiring the City seal. The City Manager is also authorized to sign those contracts, conveyances, and other instruments, including instruments requiring the City seal, which the Council has specifically delegated by ordinance, resolution, or other official action that the City Manager sign, including the following:

(1) Purchases and contracts for equipment, supplies, services, and public projects in accordance with the authorizations set forth in this Code;

(2) Secured agreements to provide improvements as a condition of a subdivision or development project (subdivision agreements), the standard form for which has been approved by Council or is otherwise established by statute, ordinance or resolution;

(3) Approving and signing contract change order. The City Manager is authorized to approve and sign contract change orders pursuant to a policy adopted by the City Council; provided, that the change order amount is within budget authorization and the change is required to accomplish the scope of work of the contract or project.

(b) Other City officials. Other City officials are authorized to sign those contracts, conveyances, and other instruments, including instruments requiring the City seal, which the Council has specifically delegated by ordinance, resolution, or other official action that the stated City official sign.

(c) Approval authority. Except for the approval authority specifically delegated herein and elsewhere in this Code, this section is not intended to change any requirement for obtaining City Council approval or ratification of contracts, conveyances, warrants, and other instruments. (§ 1, Ord. 13-24, eff. December 4, 2013)

Article 2. Personnel System*

* Prior legislation: Ord. 423.

2.2.201 Adopted.

In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best and most competent persons available, to assure that appointments and promotions will be based on merit and fitness as determined by the competitive tests, and to provide a reasonable degree of security for qualified employees, a personnel system is adopted by provisions of this article. (§ 1, Ord. 256; as amended by § 2, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018)

2.2.202 Personnel Officer.

The City Manager, or his/her designee, shall be the City’s Personnel Officer. The duties of Personnel Officer may be combined with those of any other office or position. The Personnel Officer shall:

(a) Appoint an employee, which could include the Personnel Officer, to attend all meetings of the Personnel Commission and serve as its secretary;

(b) Administer all the provisions of this article and of the personnel rules not specifically reserved to the Council or the Personnel Commission;

(c) Prepare and recommend to the Council revisions and amendments to the personnel rules. The City Attorney shall approve the legality of such revisions and amendments prior to their submission to the Council;

(d) Under the direction of the Council, prepare a position classification plan, including class specifications and revisions of the plan. The plan, and any revision thereof, shall become effective upon approval by the Council; and

(e) Under the direction of the Council, prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revision thereof, shall become effective upon approval by the Council. (§ 2, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018)

2.2.203 Personnel Commission: Created: Membership: Terms of office: Vacancies: Removal from office.

(a) Created. The Personnel Commission is hereby established and shall consist of seven (7) members who shall be residents of the City.

(b) Terms of office. Personnel Commissioners shall serve for four (4) years each with the terms and appointments being staggered such that three (3) positions and four (4) positions, respectively, are appointed every two (2) years.

(c) Chairman. The Personnel Commission shall annually, in the month of May or as soon as practical thereafter, select a chairman from among its members who shall act as presiding officer.

(d) Appointment. All members of the Personnel Commission shall be appointed by a majority vote of the Council.

(e) Vacancies. Vacancies on the Personnel Commission shall be filled by appointment for the unexpired term.

(f) Removal from office. A member of the Personnel Commission may be removed from office at any time by a majority vote of the entire membership of the Council. (§ 3, Ord. 256; as amended by § 1, Ord. 460, eff. December 4, 1968; § 1, Ord. 73-12, eff. May 2, 1973; § 1, Ord. 74-13, eff. June 5, 1974; § 1, Ord. 78-33, eff. September 6, 1978; §§ 1 and 2, Ord. 96-5, eff. April 3, 1996; § 1, Ord. 18-24, eff. November 14, 2018)

2.2.204 Personnel Commission: Meetings: Compensation.

(a) Order of business. Meetings of the Commission, or any committee of the Commission, shall be conducted in accordance with such rules and procedures as may be adopted by the Personnel Commission.

(b) Time. The Personnel Commission shall meet regularly if so required by the rules, or when meetings are called by the chairman, by any two (2) members of the Personnel Commission, or by the Personnel Officer or his/her designee.

(c) Quorum. Four (4) members of the Personnel Commission shall constitute a quorum for the transaction of business except as follows:

(1) Five (5) members of the Commission shall hear an appeal of a disciplinary termination of employment. Two (2) members shall be designated by the Personnel Officer, two (2) members shall be designated by the appellant, and those four (4) designated members of the Commission shall designate the fifth member of the Commission for the termination appeal.

(2) Three (3) members of the Commission shall hear an appeal of any other appealable disciplinary action and shall hear grievances that come before the Commission. One member shall be designated by the Personnel Officer, one shall be designated by the appellant or grievant, and those two (2) designated members of the Commission shall designate the third member of the Commission for the appeal or hearing.

(3) A committee of three (3) members of the Commission shall conduct employment candidate interviews, unless otherwise determined to be unnecessary by the Personnel Officer.

(d) Compensation. Each member of the Personnel Commission shall receive as compensation for attendance at Personnel Commission meetings the sum of forty-five and no/100ths dollars ($45.00) per meeting unless such individual is prohibited from receiving by other applicable laws. (§ 4, Ord. 256; as amended by § 1, Ord. 77-45, eff. October 1, 1977; § 1, Ord. § 85-3, eff. April 13, 1985; § 4, Ord. 96-5, eff. April 13, 1996; § 1, Ord. 00-14, eff. July 1, 2000; § 3, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 07-09, eff. March 22, 2007; § 1, Ord. 14-15, eff. October 15, 2014; § 1, Ord. 18-24, eff. November 14, 2018)

2.2.205 Personnel Commission: Powers and duties.

The Personnel Commission shall have the following powers and duties:

(a) As provided for in this article and in the Personnel Rules and Regulations, to hear appeals required to be heard by the Commission;

(b) In any investigation or hearing conducted by the Personnel Commission, to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the City and attested by the City Clerk. It shall be the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena shall subject such person to prosecution in the same manner set forth by law for failure to appear before the Council in response to a subpoena issued by the Council. Each member of the Personnel Commission shall have the power to administer oaths to witnesses;

(c) When requested by the Council, to hold hearings and make recommendations on any matter of personnel administration within the limits of the request of the Council; and

(d) To conduct oral interviews so designated by the Personnel Officer. (§ 4, Ord. 256; as amended by § 4, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018)

2.2.206 Administration of examinations.

All examinations shall be conducted in accordance with the processes defined in the City of Clovis Personnel Rules and Regulations. (§ 4 (e), Ord. 256; as amended by § 1, Ord. 298; § 5, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018)

2.2.207 Competitive service: Exempt employees.

Competitive service shall be defined by the City of Clovis Personnel Rules and Regulations, and shall include all offices, positions, and employment in the service of the City, except as follows:

(a) The City Manager, the City Attorney, management personnel in the City Manager’s office, department heads, and any position which is the functional equivalent of those listed in this subsection (“exempt employees”). Exempt employees may be hired, selected, promoted, demoted, receive increases or decreases in compensation, or be terminated without cause and for any reason or for no reason. The City Manager may act to complete individual employment and separation agreements with exempt employees. The City Council may, by resolution, list the positions by title or other description that are exempt from the competitive service;

(b) Temporary and hourly employees;

(d) Volunteer personnel, including, but not limited to, reserve police officers who receive no regular compensation from the City;

(e) Elective positions;

(f) Positions on appointed boards, commissions and committees.

The provisions of this section are declarative of existing law and existing City practice. (§ 5, Ord. 256; as amended by § 1, Ord. 306; § 1, Ord. 315; § 1, Ord. 345; § 1, Ord. 441, eff. March 20, 1968; § 1, Ord. 71-1, eff. February 17, 1971; § 1, Ord. 78-43; § 1, Ord. 78-44, eff. October 18, 1978; § 1, Ord. 80-20, eff. August 20, 1980; § 1, Ord. 94-5, eff. February 17, 1994; § 1, Ord. 18-24, eff. November 14, 2018)

2.2.208 Personnel rules.

Personnel rules, prepared by the Personnel Officer subject to the provisions of this article, shall be adopted by resolution of the Council and shall establish specific procedures and regulations governing the personnel system of the City of Clovis, including, but not limited to, appointments, examinations, classifications of positions and classes, compensation, benefits, probation, discipline, promotions, demotions, separation of service and other provisions required by law, unless otherwise noted in this article. (§ 6, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018)

2.2.209 Appointments subject to personnel rules and article provisions.

The Council and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, layoffs, and suspend or dismiss employees shall retain such power subject to the provisions of this article and the personnel rules. (§ 7, Ord. 256; as amended by §§ 1 and 2, Ord. 395, eff. March 9, 1966; § 1, Ord. 459, eff. November 6, 1968; § 1, Ord. 76-20, eff. July 7, 1976; § 1, Ord. 96-15, eff. October 3, 1996; § 6, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018)

2.2.210 Political activities prohibited.

(a) All employees of the City. No person holding an office or employment in the City may:

(1) Become a candidate for any elective municipal office of the City unless, on or before submitting a candidate intention statement (Form 501) with the Fair Political Practices Commission, or the filing of nomination papers, whichever is earlier, such person takes a leave of absence from their position in the competitive service and remains on leave of absence until after the election at which such person is a candidate. Any such person shall be automatically placed on leave of absence on the date they submit a candidate intention statement (Form 501) with the Fair Political Practices Commission, or file nomination papers, whichever is earlier. Any person required to take leave of absence pursuant to this section shall be entitled to such leave of absence without pay, as a matter of right, and, further, such person may utilize any vacation with pay to which they might be entitled during any such period of absence; or

(2) While on duty during their regular working hours or while in any uniform denoting their status as an employee of the City:

(i) Take an active part in any political campaign; or

(ii) Seek signatures to any petition provided by law.

(b) Appointed officers, employees, and board members. No person, other than a Council member, holding an office or employment in the City under appointment by the Council, and no member of any board or commission who has been appointed to such board or commission by the Council, may seek election to the Council without first resigning his appointive position. Any person so appointed who submits a candidate intention statement (Form 501) with the Fair Political Practices Commission or files nomination papers without first resigning their appointive position shall be automatically terminated in such appointive position on the date the candidate intention statement (Form 501) is submitted to the Fair Political Practices Commission, or the date nomination papers are filed, whichever is earlier. (§ 15, Ord. 256; as amended by § 1, Ord. 73-13, eff. May 2, 1973; § 10, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 16-17, eff. October 6, 2016; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.217)

2.2.211 Political activities permitted.

The provisions of this article shall not prevent any officer or employee from:

(a) Becoming or continuing to be a member of a political club or organization;

(b) Attendance at a political meeting;

(d) Seeking or accepting election or appointment to public office while on leave of absence;

(e) Seeking signatures to any initiative or referendum petition directly affecting his rate of pay, hours of work, retirement, civil service, or other working conditions; or

(f) Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition if the activity is not carried on during hours of work or when he is dressed in the uniform required in any department of the City. (§ 16, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.218)

2.2.212 Soliciting contributions.

No officer, agent, clerk, or employee of the City and no candidate for any City office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatsoever from anyone on the employment lists or holding any position pursuant to the provisions of this article.

No officer or employee of the City shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution, whether voluntary or involuntary, for any purpose affecting his working conditions from any person other than an officer or employee in the City. (§ 18, Ord. 256; as amended by § 11, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.219)

2.2.213 Discrimination.

No person seeking employment with the City, and no person in the employment of the City, shall be favored or discriminated against based upon a protected class or the exercise of a protected belief nor will such person be discriminated or harassed as further described in City policy or City Personnel Rules and Regulations. (§ 17, Ord. 256; as amended by § 12, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.220)

2.2.214 Contracts for special services.

The Council may contract with any qualified person or agency for the performance of such technical services as may be desired in the establishment or operation of the personnel system. The contract may include the delegation to the person or agency so retained of all or part of the responsibilities and duties imposed in this article upon the Personnel Officer, but shall not include the delegation of powers and duties vested in the Council or Personnel Commission. (§ 19, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.221)

2.2.215 Appropriation of funds.

The Council shall appropriate such funds as are necessary to carry out the provisions of this article. (§ 20, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.222)

2.2.216 Violations of provisions.

(a) Misdemeanors. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor.

(b) Discharge from duty. The violation of any provision of Section 2.2.210, 2.2.212, or 2.2.213 shall be grounds for the discharge of any officer or employee. (§§ 16 and 21, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.223)

Article 3. Duties of Police Officers and Firemen

2.2.301 Assistance to distressed persons and animals.

In addition to the performance of their regular and ordinary duties, it shall be the duty of all policemen and firemen, at all times, and under all circumstances, to go to the aid of all persons or animals in distress or danger to render them such help and assistance within their power. (§ 1, Ord. 123)

2.2.302 Authority to supplement the police force with reserve officers.

A police reserve force is established in the City. The Chief of Police is hereby empowered to deputize or appoint qualified persons as reserve City police officers pursuant to Sections 830.6 and 832.6 of the Penal Code. Qualifying persons may be appointed to the position of reserve police officer in the following categories pursuant to California Penal Code Section 832.6: Level I reserve police officer, Level II reserve police officer or Level III reserve police officer. The Police Chief may utilize reserve officers for the performance of technical, expert or professional services. The Chief of Police has the discretion to appoint Level I reserve police officers as “designated” or “nondesignated” who will have the powers and duties as outlined in California Penal Code Section 830.6. (§ 1, Ord. 16-16, eff. July 5, 2016; § 1, Ord. 16-15, eff. August 17, 2016)

Article 4. Health Officer

2.2.401 Enforcement duties of County Health Officer.

The County Health Officer shall enforce and observe in the City all of the following:

(a) The orders, quarantine regulations, and rules prescribed by the State and other rules and regulations issued under the provisions of the Health and Safety Code of the State; and

(b) The statutes relating to the public health. (§ 1, Ord. 402, eff. July 20, 1966)

Article 5. Department of Public Utilities

2.2.501 Public Utilities Director.

The Public Utilities Director shall be the head of the Public Utilities Department. The Public Utilities Director shall be a licensed civil engineer in the State of California and meet the additional minimum qualifications set forth in the most recent job classification approved by the City Council. (§ 1, Ord. 77-25, eff. June 1, 1977; as amended by Ord. 94-6, eff. March 24, 1994; § 1, Ord. 22-09, eff. November 16, 2022)

2.2.502 Public Utilities Director: Additional titles.

Wherever in this Code or under any law or act of the State reference is made to the “Superintendent of Streets” or “Street Superintendent,” such reference shall be construed as meaning the Public Utilities Director, who shall exercise all the powers and duties of such “Superintendent of Streets” or “Street Superintendent.” (§ 1, Ord. 77-25, eff. June 1, 1977; as amended by § 1, Ord. 22-09, eff. November 16, 2022)

2.2.503 Duties, responsibilities, and authority of Public Utilities Director.

In addition to the duties, responsibilities, and authority that may be prescribed in the Municipal Code, State law, and the most recent job classification approved by the City Council, the Public Utilities Director shall have authority for the following:

(a) As defined in a mutually developed procedural guideline, coordinate with the City’s Capital Improvement Program, that functions under the Planning Development Services Department, to design, plan, and approve plans, specifications and/or designs for the Department of Public Utilities maintenance and operation of City public utility improvements, and to direct the repair, maintenance and expansion of City public utility improvements, including, but not necessarily limited to: water and sewer utilities, established parks, recycled water, solid waste disposal, landfill systems, preventative streets maintenance, street improvements, sustainable energy systems, and drainage infrastructure systems.

(b) To inspect and approve City public utility projects prior to acceptance by the City. (§ 1, Ord. 22-09, eff. November 16, 2022)

2.2.504 Immunities.

Nothing in this article is intended to modify, negate, eliminate, or remove any immunities the City or Public Utilities Director may have under the Municipal Code or State law regarding the preparation, review and discretionary approval of plans and specifications. (§ 1, Ord. 22-09, eff. November 16, 2022)

Article 6. City Engineer

2.2.601 Position established.

There is hereby established the position of City Engineer. The City Engineer is a division head of the Department of Planning and Development Services. (§ 1, Ord. 19-04, eff. April 17, 2019)

2.2.602 Minimum requirements.

The City Engineer shall be a licensed civil engineer in the State of California and meet the additional minimum qualifications set forth in the most recent job classification approved by the City Council. (§ 1, Ord. 19-04, eff. April 17, 2019)

2.2.603 Duties, responsibilities and authority of City Engineer.

In addition to the duties, responsibilities, and authority that may be prescribed in the Municipal Code, State law, and the most recent job classification approved by the City Council, the City Engineer shall have authority over the following:

(a) To review and approve plans, specifications and/or designs for private development and City construction projects to ensure that the plans meet City, State and other regulatory requirements.

(b) To design, plan, and approve plans, specifications and/or designs for public improvements, and to direct engineering, construction and maintenance of public improvements, including, but not necessarily limited to: water, sewer, recycled water, solid waste disposal, streets, sidewalks, bridges, and drainage infrastructure systems.

(c) To inspect City public works projects prior to acceptance by the City and subsequent release of performance and maintenance bonds. (§ 1, Ord. 19-04, eff. April 17, 2019)

2.2.604 Consultants.

Nothing in this section shall prohibit the City from entering into a contract with any consulting engineer or engineers in the manner provided by the Municipal Code or State law for any engineering work. (§ 1, Ord. 19-04, eff. April 17, 2019)

2.2.605 Immunities.

Nothing in this section is intended to remove any immunities the City or City Engineer may have under the Municipal Code or State law regarding the preparation, review and discretionary approval of plans and specifications. (§ 1, Ord. 19-04, eff. April 17, 2019)

Article 7. Director of Finance

2.2.701 Position established.

There is hereby established the position of Director of Finance which officer shall be in the unclassified civil service of the City. (§ 1, Ord. 437, eff. January 17, 1968)

2.2.702 Powers and duties.

The Director of Finance shall be charged with the following duties and responsibilities:

(a) He shall be the accounting officer of the City and shall maintain records readily reflecting the financial condition of the City;

(b) Maintain and operate the general accounting system of the City and of each of the respective departments, divisions, and services thereof;

(d) Keep and maintain, or prescribe and require the keeping and maintaining of, inventory records of municipal properties necessary in accordance with modern municipal accounting practices;

(e) Assume, maintain, and perform all functions and duties relating to the administration of fees and charges for water, waste disposal, sewer services, sales taxes, and license taxes levied by the City, and the collection thereof;

(f) Assume and perform all municipal functions and duties relating to the preparation, auditing, and disbursement of claims and demands against the City, including payrolls;

(g) Assist in the purchase of all supplies, goods, wares, merchandise, equipment, and material which may be required by the City;

(h) Assist in the preparation of the annual budget and in the administration thereof;

(i) Prepare and present to the Council quarterly, or more frequently if desired, statements of all receipts, disbursements, and balances of the City;

(j) Prepare annually, at the end of each fiscal year, a summary statement of receipts and disbursements by departments and funds, including opening and closing balances in the treasury. He shall cause such annual financial statement to be published once in a newspaper of general circulation, printed and published in the City, no later than one hundred twenty (120) days after the close of the fiscal year for which the report is computed; and

(k) Prepare such other financial reports and perform such other and additional duties and functions as may hereafter be prescribed by the Council. (§ 1, Ord. 437, eff. January 17, 1968)

2.2.703 Official bond.

Before entering on the duties of his office, the Director of Finance shall execute a bond conforming to the provisions of the Government Code of the State relating to bonds of public officers. The penal sum of the bond shall be in a reasonable amount recommended by the City Attorney and fixed by the Council by resolution. (§ 1, Ord. 437, eff. January 17, 1968)

2.2.704 Deputies.

The Director of Finance may appoint deputies for whose acts he and his bondmen will be responsible. The deputies shall hold office at the pleasure of the Director of Finance and receive such compensation as is provided by the Council. (§ 1, Ord. 437, eff. January 17, 1968)

Article 8. Community Development Agency

2.2.801 Purpose and authority.

Areas exist in the City which are characterized by one or more of the conditions set forth in Sections 33031 through 33034 of the Health and Safety Code of the State, and these areas constitute physical, social, and economic liabilities to the City and require redevelopment. It is in the interests of the health, safety, and general welfare of the people of the City and the State to form an agency pursuant to Part I of Division 24 of the Health and Safety Code of the State. (§ 1, Ord. 81-28, eff. October 21, 1981)

2.2.802 Declaration of need.

The Council, pursuant to Part I of Division 24 of the Health and Safety Code of the State, declares a need for an agency to function in the community. (§ 1, Ord. 81-28, eff. October 21, 1981)

2.2.803 Agency established.

The Council hereby declares itself to be an agency. (§ 1, Ord. 81-28, eff. October 21, 1981)

2.2.804 Public interests served.

The Council finds that declaring itself to be an agency will serve the public interests and promote the public safety and welfare in an effective manner. (§ 1, Ord. 81-28, eff. October 21, 1981)

2.2.805 Official name.

The Council declares the official name of such agency to be the Clovis Community Development Agency. (§ 1, Ord. 81-28, eff. October 21, 1981)

Article 9. Code Enforcement Officers’ and Employees’ Citation Authority*

* Article 9, consisting of Sections 2.2.901 through 2.2.906, codified from Ordinance No. 88-10, amended in its entirety by Ordinance 93-9, effective June 2, 1993.

2.2.901 Enforcement responsibility.

The enforcement of the sections of this Code not specifically assigned to other enforcement agencies shall be the responsibility of the officers and employees designated in this article. (§ 4, Ord. 93-9, eff. June 2, 1993)

2.2.902 Citations: Authority of the Code Enforcement Officers and Employees.

Officers and employees of the City, as designated in this article, who have the discretionary duty, by reason of their assigned responsibilities, to enforce the provisions of this Code, may, pursuant to Sections 836.5, 853.5 and 853.6 of the California Penal Code, and the provisions thereof, issue a citation in the form of a Notice to Appear to a person where any such officer or employee has reasonable cause to believe that the person to be issued the citation has violated a provision of this Code in the officer’s or employee’s presence, which the officer or employee has the discretionary duty to enforce, and therefore, has committed a misdemeanor, misdemeanor/infraction or infraction. (§ 4, Ord. 93-9, eff. June 2, 1993)

2.2.903 Citations: Release on written promise to appear.

An officer or employee exercising his authority pursuant to this article shall release the person to be issued a citation on his or her written promise to appear in court. The officer or employee shall under no circumstances take the person to be issued a citation into custody. (§ 4, Ord. 93-9, eff. June 2, 1993)

2.2.904 Citations: Refusal to sign.

In the event that the person to be issued a citation refuses to provide his or her written promise to appear in court, or demands to be taken before the magistrate, the officer or employee must either summon a Clovis Police Officer, explain the situation, and request that the Police Officer arrest the person and take the person into custody, or seek assistance of the City Attorney and request that a complaint be prepared and filed against that person. (§ 4, Ord. 93-9, eff. June 2, 1993)

2.2.905 Training requirements.

Before an officer or employee of the City may issue a citation pursuant to this article, the officer or employee must complete a special enforcement training program established and administered at the discretion of the Chief of the Clovis Police Department. The training program shall be designed to instruct officers and employees regarding (1) the provisions of this Code to be enforced, (2) the evidentiary prerequisites to proper prosecution for violations thereof, and (3) the appropriate procedures for issuing citations and limitations attendant thereto. (§ 4, Ord. 93-9, eff. June 2, 1993)

2.2.906 Citations: Filing and maintaining files.

The officers or employees having a duty to enforce the provisions of this Code, and who exercise the authority to issue a citation pursuant to this article, shall maintain a file of executed citations and such citations shall be filed with the appropriate magistrate. (§ 4, Ord. 93-9, eff. June 2, 1993)

2.2.907 Citations: Issuance as infraction.

Notwithstanding that a violation of a provision of this Code which an officer or employee has a duty to enforce is a misdemeanor, the officer or employee may, pursuant to Section 1.2.01(a)(2) of this Code, issue the citation as an infraction.

2.2.908 Specific officers and employees having a duty to enforce the provisions of this Code and having citation authority.

Each of the following officers and employees, or a designated representative for each, as approved in writing by the City Manager, has a duty to enforce provisions of this Code, and have the authority to issue citations in accordance with this article:

(a) Finance Director;

(b) City Planner;

(d) Animal Control Officer;

(e) Poundmaster;

(f) Fire Chief;

(g) City Engineer;

(h) Public Works Director;

(i) Code Enforcement Officer as designated by the City Manager. (§ 4, Ord. 93-9, eff. June 2, 1993)

2.2.909 No limitation on authority otherwise vested.

Nothing in this article shall be considered to limit any authority otherwise vested in the named officers and employees as provided for in other provisions of this Code, or by State law. (§ 4, Ord. 93-9, eff. June 2, 1993)

Article 10. City Treasurer

2.2.1001 Appointment of the City Treasurer.

The Director of Finance shall hold the position of City Treasurer and shall be appointed by the City Manager in the same manner, and in conjunction with, appointment of the Director of Finance. All rules applicable to the supervision, discipline, dismissal, or employment action with regard to the Director of Finance shall be applicable to the City Treasurer without the need for independent review, investigation, or action. The appointment of the City Treasurer shall cease upon termination as Finance Director. (§ 1, Ord. 88-18, eff. July 27, 1988; § 3, Ord. 21-03, eff. June 16, 2021)

2.2.1002 Power and duties.

The Treasurer shall have all the power and duties as provided by the laws of the State of California and as provided by this Code. (§ 1, Ord. 88-18, eff. July 27, 1988; § 3, Ord. 21-03, eff. June 16, 2021)

2.2.1003 Salary.

All duties of the City Treasurer are assumed within the position of Director of Finance and no additional salary or benefits shall be applicable. (§ 1, Ord. 88-18, eff. July 27, 1988; § 3, Ord. 21-03, eff. June 16, 2021. Formerly 2.2.1005)

2.2.1004 Appointment of Finance Director as Treasurer.

(§ 1, Ord. 88-18, eff. July 27, 1988; repealed by § 3, Ord. 21-03, eff. June 16, 2021)

Article 11. City Clerk

2.2.1101 Appointment of the City Clerk.

The City Clerk shall be appointed by the City Manager, with ratification of such appointment by the City Council solely on the basis of administrative qualifications and shall hold office at the pleasure of the City Manager. The City Manager has the sole power to discipline, dismiss, or take any employment action with regard to the City Clerk that is authorized by this Code, applicable personnel rules and procedures of the City, or applicable law. Neither the City Manager nor any member of the Council may be appointed as City Clerk. Nothing in this section shall be construed to limit the authority of the City Manager over department heads and over employees appointed by or under the authority of the City Manager as provided in this chapter. (96-21, Added, 03/05/1997, Passed by majority vote at the General Municipal Election on March 4, 1997; § 2, Ord. 21-03, eff. June 16, 2021)

2.2.1102 Powers and duties.

The City Clerk shall have all the power and duties as provided in this Code, the job description, and by the laws of the State of California unless authority is delegated to other employees by this Code. The City Clerk’s statutory duties related to financial and accounting tasks, including those codified in California Government Code Sections 37200 et seq., 40802 through 40805, or any subsequently approved codes authorizing financial or accounting duties of a city clerk, are transferred to the Director of Finance as authorized by Government Code Section 40805.5. The City Clerk shall work under the supervision and direction of the City Manager, or designee, for the efficient administration of the Office of City Clerk. (96-21, Added, 03/05/1997, Passed by majority vote at the General Municipal Election on March 4, 1997; § 2, Ord. 21-03, eff. June 16, 2021)

2.2.1103 Salary and expenses.

(96-21, Added, 03/05/1997, Passed by majority vote at March 4, 1997 General Municipal Election; repealed by § 2, Ord. 21-03, eff. June 16, 2021)

2.2.1104 Removal of the City Clerk prior to and after Council elections.

(96-21, Added, 03/05/1997; repealed by § 2, Ord. 21-03, eff. June 16, 2021)

Article 12. Background Checks

2.2.1201 Applicant background check.

All applicants for City employment, prior to being hired or receiving an offer of employment and after the initial screening of the application, shall submit to and provide the necessary information for the purposes of a background check including information regarding criminal history. (§ 1, Ord. 18-07, eff. April 4, 2018)

2.2.1202 Disqualification.

In the event the criminal background check reveals any prior convictions for crimes or offenses which negatively impact the health, safety and welfare of the community, the City, or its citizens, or would create or present an undue risk of harm to third persons in light of the particular position applied for or particular work to be performed, the applicant shall be disqualified from employment. Such offenses shall include, but not be limited to, crimes against a person, crimes involving theft of property, and crimes against minors, the elderly, or the disabled.

The type of crimes and violations contained in this section is for illustrative purposes only and shall not be construed as a limitation on those criminal activities or violations that would be grounds to disqualify a person as an employee. (§ 1, Ord. 18-07, eff. April 4, 2018)

2.2.1203 Appeals of disqualification.

Any person whose criminal history background check disqualifies that person from employment may contest his or her disqualification by challenging the accuracy of the criminal history record or by claiming to be rehabilitated.

(a) In the event that an applicant claims to be rehabilitated, an appeal can be made to an Appeal Committee, which shall consist of the Department Head over the position for which the applicant has applied, the City Clerk and the General Services Director and/or their designee(s).

(b) Any such appeal must be made within five (5) working days of the notice of disqualification.

(c) The appeal will be made in writing by either a narrative statement from the applicant and/or documentation the applicant would like considered. This is an informal appeal process and no evidentiary or in-person hearings will be allowed.

(d) In determining whether a person has affirmatively demonstrated rehabilitation, the Appeal Committee shall consider the following factors:

1. The nature and responsibility of the position which the applicant would hold;

2. The nature and seriousness of the offense;

3. The circumstances under which the offense occurred;

4. The date of the offense;

5. The age of the person when the offense was committed;

6. Whether the offense was an isolated incident or involved multiple offenses;

7. Any social conditions which may have contributed to the offense;

8. Any other evidence of rehabilitation, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.

(e) If the Appeals Committee determines the disqualified person has been successfully rehabilitated, the applicant shall continue with the application process. (§ 1, Ord. 18-07, eff. April 4, 2018)

2.2.1204 Privacy and confidentiality.

Access to criminal history record information for noncriminal justice purposes is restricted to members of the City authorized by law to review such information and to the Appeals Committee, as identified in Section 2.2.1203, in the event of a claim of rehabilitation. Any and all criminal background information and records shall be exempt from public disclosure under the laws of the State. The records shall only be retained for such period of time as is necessary to serve their intended and authorized purpose or as required by law, and thereafter shall be destroyed in a manner to ensure confidentiality. (§ 1, Ord. 18-07, eff. April 4, 2018)

2.2.1205 Severability.

In the event that any portion of the ordinance codified in this article is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the article actually adjudged to be invalid, and the remaining portions of this article shall be deemed severable therefrom and shall not be affected. (§ 1, Ord. 18-07, eff. April 4, 2018)