Chapter 2-7 OFFICES AND EMPLOYEES

Pursuant to the provisions of Section 36518 of the Government Code of the State, the following officers, before entering upon the duties of their respective offices, shall execute a bond to the City in the penal sums set forth:

(a) City Clerk, one thousand dollars ($1,000.00);

(b) City Treasurer, in an amount not less than and approximately one-fourth (1/4) of the amount of the general taxes levied for the City in the year last expiring previous to his election as City Treasurer;

(d) Deputy Tax Collector, one thousand dollars ($1,000.00); and

(e) Street Superintendent, five hundred dollars ($500.00).

(Sec. 1, Ord. 25, thereafter codified in Sec. 2.8, E.T.C., and Sec. 1, Ord. 350, thereafter codified in Sec. 2.7, E.T.C., as amended by Ord. 76-08)

Article 2. Civil Service System*

* The provisions of this article shall not be amended or repealed except by a two-thirds (2/3) majority vote of the electors at a general or special election. See Section 2-7.216 of this article.

2-7.201 Adoption.

Pursuant to the authority granted to the legislative body of any city within the State by the provisions of Sections 45000 through 45210 of the Government Code of the State, a civil service system is hereby adopted for the City.

(Sec. 2, Ord. 266, thereafter codified in Sec. 2.9, E.T.C.)

2-7.202 Personnel Clerk.

The Council shall appoint a Personnel Clerk whose duty it shall be to act in the capacity of a secretary and clerk for the civil service system. He shall be the custodian of all personnel records and shall be the official upon or with whom all notices, requests for hearings, complaints, including those of department heads against any person in the civil service system, and other official documents shall be served or filed.

The Personnel Clerk shall establish and maintain in card index form a roster of officers and employees in the classified service. He shall also prepare a record of the length of service of each employee in the classified service, together with a concise statement of all duties being performed by such employee, the salary being paid, and the hours of work. He shall render such additional services in connection with the civil service system as may be requested by the Council.

The duties of the office of Personnel Clerk may be combined with those of any other office in the event the work involved does not warrant the creation of a special position in the discretion of the Council.

(Sec. 4, Ord. 266, thereafter codified in Sec. 2.19, E.T.C.)

2-7.203 Board of Review.

The Council shall hear all appeals or complaints filed pursuant to the provisions of this article, acting in the capacity of a Board of Review. In any investigation or hearing conducted by the Board of Review it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before the Board 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 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 Board of Review shall have the power to administer oaths to witnesses.

(Sec. 6, Ord. 266, thereafter codified in Sec. 2.24, E.T.C.)

2-7.204 Personnel Rules and Regulations.

The Council shall formulate and adopt rules and regulations for the administration of the civil service system. Any subsequent amendment to such rules and regulations may be adopted by the Council at a regular meeting of the Council. All such rules and regulations adopted shall be consistent with the provisions of this article. Such rules and regulations shall provide for the following matters in addition to such other matters as may be necessary and proper in carrying out the intent and purposes of this article:

(a) The classification of all persons in the classified service;

(b) The selection, employment, advancement, suspension, demotion and discharge of all persons in the classified service;

(d) The publication of notices inviting the filing of applications for positions in the classified service. No applicant shall be considered who does not possess the minimum qualifications for holding office; and

(e) A period of probation of one (1) year before an appointment or promotion is made complete during which period a probationer may be discharged or reduced by the Council without the right of appeal if, during the performance test, the Council deems the probationer unfit or unsatisfactory for service. Any person holding a position as the result of a promotion, who shall be discharged during the probationary period in his new employment, shall automatically be demoted and returned to his former position.

No minimum or maximum age limit shall be established for any civil service examination except that the Council may fix such age limits for the employment of police officers and firefighters.

The provisions of this section shall not require the City to provide for, nor shall the City authorize the employment of, any person in a particular employment who has reached the retirement age for that particular employment prescribed by any City retirement system, but the employment of any person in any City employment while he is receiving a retirement allowance under any City retirement system by reason of prior service is hereby prohibited.

(Sec. 5, Ord. 266, as amended by Sec. 1, Ord. 330, thereafter codified in Sec. 2.10, E.T.C., as amended by Ord. 507)

2-7.205 Classified Service: Members.

The provisions of this article shall apply only to the following departments, appointive officers, and employees of the City who shall be deemed to be in the classified service of the City:

(a) All members of the Police Department on regular duty, except the Chief of Police;

(b) All members of the Fire Department on regular duty, except the Fire Chief;

(d) The Deputy Tax Collector;

(e) The stenographer-telephone operator; and

(f) The janitor.

The Council, from time to time, by ordinance, may add additional departments, appointive officers and employees to those set forth in this section.

(Sec. 2, Ord. 266, as thereafter codified in Sec. 2.13, E.T.C., and Sec. 1, Ord. 276 and Sec. 1, Ord. 279, as thereafter codified in Sec. 2.14, E.T.C.)

2-7.206 Classified Service: Status of Certain Employees.

Any person holding a position or employment in the classified service on July 24, 1936, or on the effective date of any ordinance placing positions or employments under the classified service, who shall have served in such position for a period of at least four (4) months continuously immediately prior to such effective date (time granted on account of sick leave and/or leave of absence shall not be taken into consideration) shall become a classified service employee without preliminary or working tests and shall thereafter be subject in all respects to the provisions of this article. All other persons holding positions or employments in the classified service shall be regarded as holding their positions or employments as probationers who are serving out the balance of their probationary periods before the appointments become complete.

The incumbent Chief of Police and Fire Chief shall be deemed to hold positions in the classified service, but at the ranks last held by them prior to their appointments as Chief of Police and Fire Chief, and shall be deemed to be on leaves of absence from such positions. When the Council adopts rules and regulations for the administration of the civil service system, the incumbent Chief of Police and Fire Chief, within a reasonable time thereafter, shall obtain such leaves of absence from such positions last held by them prior to their appointments as Chief of Police and Fire Chief in accordance with the provisions of the adopted rules and regulations as may be therein provided.

(Sec. 3, Ord. 266, thereafter codified in Secs. 2.15 and 2.16, E.T.C.)

2-7.207 Classified Service: Appointments

All appointments to positions or employments in the classified service shall be made by the Council from the applications on file with the City in accordance with the rules and regulations adopted pursuant to the provisions of this article.

(Sec. 8, Ord. 266, thereafter codified in Sec. 2.11, E.T.C.)

2-7.208 Temporary Appointments.

Temporary appointments may be made by the Council of persons who do not possess the minimum standards or qualifications for office, or whose applications have not been filed, or who have not been certified on an eligible list as the result of an examination, or in the event those who are eligible are not immediately available. Such temporary appointments shall not continue for a longer period than three (3) months, and no person shall be eligible to serve as a temporary appointee in any one (1) or more positions for more than an aggregate period of three (3) months in any one (1) fiscal year. No credit shall be allowed upon an application, or in the giving of an examination, for service rendered under a temporary appointment.

(Sec. 8, Ord. 266, thereafter codified in Sec. 2.12, E.T.C.)

2-7.209 Suspensions, Demotions and Removal.

(a) Suspensions and Demotions. All persons holding positions in the classified service shall be subject to suspension without pay for a period of not exceeding thirty (30) days. All persons holding positions in the classified service shall be subject to demotion for misconduct, incompetency, inefficiency, failure to perform duties, or failure to observe the rules and regulations of the department, office or Council. Such aggrieved parties shall have the right to appeal to the Board of Review in the manner set forth in the rules and regulations adopted pursuant to the provisions of this article. Such employees shall be entitled to receive a written statement of the reasons for such action within three (3) days, and they shall have three (3) days thereafter to answer thereto in writing. Any employee who has been suspended or demoted may file a written demand with the Personnel Clerk within ten (10) days after filing his answer, requesting that the Board review such suspension or demotion. In such event the Personnel Clerk, without delay, shall file with the Board of Review a copy of the written statement of the reasons for the suspension or demotion and the answer of the employee, together with such other information as may be provided for in the rules and regulations adopted pursuant to the provisions of this article.

(b) Removal. All persons holding positions in the classified service shall be subject to removal from office or employment for misconduct, inefficiency, failure to perform duties, or failure to observe the rules and regulations of the department, office, or Council. Such aggrieved parties shall have the right to appeal to the Board of Review in the manner set forth in the rules and regulations adopted pursuant to the provisions of this article. When it is the intention of the Council to discharge an employee in the classified service, the Council shall first enter an order of suspension without pay. The period of suspension shall extend until the time allowed for an answer to the charges has lapsed, or, if an appeal is taken to the Board of Review, the suspension period shall extend until the written findings and recommendations of the Board of Review have been submitted. Such employees shall be entitled to receive a written statement of the reasons for their proposed discharge within three (3) days after the effective date of such suspension, and they shall have three (3) days thereafter to answer thereto in writing. In the event an employee files such an answer, a copy of such written charges and of such answer shall be forthwith filed with the Personnel Clerk. Such employee may file a written demand with the Personnel Clerk, within ten (10) days after filing his answer, requesting that the Board of Review review such proposed discharge. In such event the Personnel Clerk, without delay, shall file with the Board of Review a copy of the written statement of the reasons for the proposed discharge and the answer of the employee, together with such information as may be provided for in the rules and regulations adopted pursuant to the provisions of this chapter.

(c) Appeals to the Board of Review. In an appeal to the Board of Review, the Board may make, or cause to be made, such investigations as it may deem necessary. Thereafter the Board shall hold a public hearing at which time it shall hear evidence for and against the party aggrieved. Such hearings may be informally conducted, and the rules of evidence need not apply. The written conclusions or findings of the Board shall be rendered within ten (10) days after the matter is submitted and thereupon shall be certified to the Council. Such findings and conclusions of the Board may contain such recommendations as the Board shall deem warranted. The Council may thereupon affirm, revoke, or modify the action taken as in the judgment of the Council shall be deemed warranted.

No employee, however, upon taking an appeal to the Board of Review on written charges for his proposed discharge, shall be discharged unless four (4) or more members of the Board vote for his discharge and unless, upon the written findings or conclusions of the Board being certified to the Council, four (4) or more members of the Council vote to affirm the action taken by the Board. The decisions and recommendations of the Board of Review and any action taken by the Council shall be final and conclusive, except as provided in subsection (d) of this section.

(d) Appeals to the Superior Court. The right is hereby expressly reserved to any employee who is dissatisfied with any decision of the Board of Review and/or any action on such decision by the Council in suspending, demoting, removing, and/or discharging such employee to appeal from such decision of the Board and/or any action taken on such decision by the Council to the Superior Court of the State in and for the County.

(e) Vacancies. During the period of the suspension of an employee or pending the final action on proceedings to review a suspension, demotion, or proposed discharge, the vacancy created may be filled by the Council only by a temporary appointment.

(Sec. 9, Ord. 266, thereafter codified in Sec. 2.17, E.T.C.)

2-7.210 Abolition of Positions.

Whenever, in the judgment of the Council, it becomes necessary in the interests of economy or because the necessity for the position involved no longer exists, the Council may abolish any position or employment in the classified service and discharge the employee holding such position or employment. The seniority rule shall be observed in putting into effect any such reduction in personnel. Should such position or employment, or any position involving all or any of the same duties, be reinstated or created within two (2) years, the employee discharged shall be eligible to be appointed thereto in preference to any other qualified person on the eligible list for such position.

(Sec. 10, Ord. 266, as amended by Sec. 1, Ord. 330, thereafter codified in Sec. 2.18, E.T.C.)

2-7.211 Residence.

(a) Defined. For the purposes of this section, “residence” shall mean the principal place of abode or customary domicile of the employee to which he most frequently returns at the end of his work period, where the majority of his effects for day-to-day use are maintained as designated from a room or building where he less frequently sleeps, rests and spends his leisure hours.

(b) Application of Provisions to Incumbent Employees. Except as otherwise provided in this section, every member of the civil service system of the City on April 12, 1966, shall at all times after appointment to the classified service reside and continue to maintain an actual residence within a radius of twenty (20) air miles from the intersection of Park and Hollis Streets, Emeryville, California, during the period of his employment by the City. Upon ceasing to reside within such radius, such employee shall be removed from employment, unless such change of residence is made with the written permission of the Council.

(c) Application of Provisions to Nonincumbent Employees. Any person appointed to a civil service position after April 12, 1966, who does not, at the time of such appointment, reside within a radius of twenty (20) air miles from the intersection of Park and Hollis Streets, Emeryville, California, shall establish his residence within such radius twelve (12) months after the date of his original appointment and shall thereafter maintain his residence within such radius during the period of his employment. The failure of any such person to establish and maintain his residence within such radius shall constitute a violation of the provisions of this article and shall be sufficient cause for his discharge from his civil service position, and he shall be removed from employment with the City, unless the failure to establish and/or maintain such residence is with the written permission of the Council.

(d) Exceptions. The Council may provide rules and regulations whereby the Council, in its sole discretion, may grant permission to any incumbent employee or to any appointed civil service employee to reside beyond such radius of twenty (20) air miles, subject to such conditions as the Council may impose when such residence beyond such radius is necessary to preserve the health of such employee or the health of a member of the immediate family of such employee.

(Initiative Ord. 523, adopted at a general municipal election held April 12, 1966)

2-7.212 Political Activities.

No person holding a position in the classified service of the City shall seek or accept election, nomination, or appointment as an officer of a political club, organization, or circle, or take an active part in a County or municipal political campaign, or serve as a member of a committee of a political club, organization, or circle, or seek signatures to any petition provided for by any law, or act as a worker at the polls, or distribute badges, pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election or for nomination to a public office, whether County or municipal; provided, however, the provisions of this section shall not be construed to prevent any such person from becoming or continuing to be a member of a political club, organization, or circle, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting his vote, or from seeking or accepting election or appointment to a public office, or from seeking signatures to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, or civil service or other working conditions of such officer or employee, or from distributing badges, pamphlets, dodgers, or handbills, or from other participation in any campaign in connection with such petition, providing such activity is not carried on during hours of work or when such officer or employee is dressed in the uniform, if any, required by any department of the City.

Any willful violation of the provisions of this section or violation through culpable negligence shall be sufficient grounds to authorize the discharge of any such person.

(Sec. 11, Ord. 266, as amended by Sec. 1, Ord. 330, thereafter codified in Sec. 2.22, E.T.C.)

2-7.213 Political Solicitations.

No officer, agent, clerk, or employee in the government of the City, directly or indirectly, shall 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 whatever, from any person on the eligible list or holding any position pursuant to the provisions of this article.

(Sec. 12, Ord. 266, thereafter codified in Sec. 2.23, E.T.C.)

2-7.214 Contracts for Special Services.

The Council shall have the power to contract with the legislative body or board of any municipality or county within the State or with any State department for the performance by such other governmental agency of such technical services in connection with personnel selection and administration as may be desired, including the giving of examinations. In the event examinations are held, they shall be open, free, and competitive, and, in such event, appointments subsequently made shall be from persons certified as being qualified as a result of such examinations and in accordance with the rules and regulations adopted pursuant to the provisions of this article.

(Sec. 8, Ord. 266, thereafter codified in Sec. 2.21, E.T.C.)

2-7.215 Appropriation of Funds.

The Council shall appropriate such funds as are necessary to carry out the provisions of this article.

(Sec. 7, Ord. 266, thereafter codified in Sec. 2.25, E.T.C.)

2-7.216 Amendments.

The provisions of this article shall not be repealed or amended, except by a two-thirds (2/3) majority vote of the electors of the City at either a general or special election.

(Sec. 19, Ord. 266, thereafter codified in Sec. 2.26, E.T.C.)

2-7.217 Violations: Prosecutions: Immunities.

No employee holding a position in the classified service at the time of any alleged violation on his part of any provision of this article and who has been discharged, or who has resigned from his position, or against whom proceedings for his discharge are pending shall be prosecuted under this section.

(Sec. 13, Ord. 266, thereafter codified in Sec. 2.27, E.T.C.)

Article 3. Tax Collector

2-7.301 Office Created.

The office of Tax Collector of the City is hereby created.

(Sec. 1, Ord. 349, thereafter codified in Sec. 2.5, E.T.C.)

2-7.302 Duties.

The Tax Collector shall perform such duties and services relative to the collection of taxes and license fees as may be prescribed by law.

(Sec. 2, Ord. 349, thereafter codified in Sec. 2.6, E.T.C.)

Article 4. Training Law Enforcement Officers

2-7.401 Declaration of Qualification.

The City hereby declares that it desires to qualify to receive aid from the State pursuant to the provisions of Chapter 1 of Title 4 of Part 4 of the Penal Code of the State.

(Sec. 1, Ord. 467, thereafter codified in Sec. 1.8, E.T.C.)

2-7.402 Declaration of Adherence to Standards.

Pursuant to the provisions of Section 13522 of Chapter 1 of Title 4 of Part 4 of the Penal Code of the State, the City, while receiving aid from the State pursuant to the provisions of said

Chapter 1, shall adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

(Sec. 2, Ord. 467, thereafter codified in Sec. 1.8, E.T.C.)

Article 4.5. Public Safety Dispatchers

2-7.451 Declaration of Qualification.

The City hereby declares that it desires to qualify to receive aid from the State pursuant to the provisions of Chapter 1 of Title 4 of Part 4 of the Penal Code of the State.

(Sec. 2, Ord. 88-017, eff. Jan. 5, 1989)

2-7.452 Declaration of Adherence to Standards.

Pursuant to the provisions of Section 13522 of Chapter 1 of Title 4 of Part 4 of the Penal Code of the State, the City, while receiving aid from the State pursuant to the provisions of said Chapter 1, shall adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

(Sec. 2, Ord. 88-017, eff. Jan. 5, 1989)

Article 5. City Manager

2-7.501 Office Created.

The office of the City Manager of the City of Emeryville is hereby created and established. The City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the City Council.

(Sec. 1, Ord. 84-01, eff. Jan. 10, 1984)

2-7.502 Reserved.

Repealed by Sec. 2 (part), Ord. 07-001, eff. Feb. 15, 2007.

(Sec. 2, Ord. 84-01, eff. Jan. 10, 1984)

2-7.503 Eligibility.

No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such Councilmember shall have ceased to be a member of the City Council.

(Sec. 3, Ord. 84-01, eff. Jan. 10, 1984)

2-7.504 Bond.

The City Manager and Acting City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the said City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager and Acting City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City of Emeryville.

(Sec. 4, Ord. 84-01, eff. Jan. 10, 1984)

2-7.505 Acting City Manager.

The Assistant City Manager shall serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Manager, by filing a written notice with the City Clerk, shall designate a qualified City employee to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. In the event the City Manager’s absence or disability extends over a two (2) month period, the City Council may, after the two (2) month period, appoint an Acting City Manager.

(Sec. 5, Ord. 84-01, eff. Jan. 10, 1984)

2-7.506 Compensation.

The City Manager shall receive such compensation as the City Council shall from time to time determine.

In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his official duties.

On termination of employment of the City Manager by reason of involuntary removal from service other than for willful misconduct in office, the City Manager shall receive cash severance pay in a lump sum equal to two (2) months’ pay for every year of continuous service or fraction thereof as City Manager, up to a total of six (6) months’ pay, such pay to be computed at the highest salary received by the City Manager during his or her service with the City. Involuntary removal from service shall include reduction in pay not applicable to all employees of the City.

(Sec. 6, Ord. 84-01, eff. Jan. 10, 1984)

2-7.507 Powers and Duties.

The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this article. He or she shall be responsible for the efficient administration of all the affairs of the City which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in the following subsections.

(a) Law Enforcement. It shall be the duty of the City Manager to enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed.

(b) Authority Over Employees. It shall be the duty of the City Manager, and he or she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his or her jurisdiction through their department heads.

(c) Power of Appointment and Removal. It shall be the duty of the City Manager to, and he or she shall appoint, remove, promote, and demote, any and all officers and employees of the City of Emeryville, subject to all applicable personnel ordinances, rules and regulations.

(d) Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the City’s business.

(e) Ordinances. It shall be the duty of the City Manager and he or she shall recommend to the City Council for adoption such measures and ordinances as he or she deems necessary.

(f) Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless at his or her request he or she is excused therefrom by the Mayor individually or the City Council, except when his or her removal is under consideration.

(g) Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City.

(h) Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.

(i) Expenditure Control and Purchasing. It shall be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or his or her authorized representative. The City Manager, or his or her authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City.

(j) Investigations and Complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning administration of the City government and in regard to the service maintained by public utilities in said City.

(k) Public Buildings. It shall be the duty of the City Manager and he or she shall exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the City Council.

(l) Additional Duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the City Council.

(Sec. 7, Ord. 84-01, eff. Jan. 10, 1984)

2-7.508 Internal Relations.

(a) Council Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take his or her orders and instructions from the City Council and no individual Councilmember shall give any orders or instructions to the City Manager.

(b) Department Cooperation. It shall be the duty of all subordinate officers and the City Clerk, City Treasurer, and City Attorney, to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously.

(c) Attendance at Commission Meetings. The City Manager may attend any and all meetings of the Planning Commission, Recreation and Park Commission, and any other commissions, boards or committees created by the City Council, upon his or her own volition or upon direction of the City Council. At such meetings which the City Manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members as to the status of any matter being considered by the City Council, or he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.

(Sec. 8, Ord. 84-01, eff. Jan. 10, 1984)

2-7.509 Removal Procedure.

(a) Removal of City Manager. The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in an open session of a regular or special meeting of the City Council, subject, however, to the provisions of subsections (b) through (e) of this section, if applicable.

(b) Removal of City Manager for Alleged Malfeasance. In case of the intended removal of the City Manager by the City Council for alleged malfeasance, the City Manager shall be furnished with a written notice stating the Council’s intention to remove him or her, the reasons for removal, and the right to respond to the allegations at an open session or closed session meeting of the City Council. The written notice of intention to remove shall be delivered to the City Manager at least thirty (30) calendar days before the effective date of his or her removal.

(c) Hearing. Within seven (7) calendar days after the delivery to the City Manager of such written notice of intention to remove, he or she may, by written notification to the City Clerk, request a hearing before the City Council and indicate whether such hearing is to be in open session or closed session. Failure of the City Manager to either file a request for a hearing with the City Clerk in a timely manner or to indicate whether such hearing is to be in open session or closed session shall constitute a request for a hearing in closed session. Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, but before the effective date of the removal of the City Manager, at which the City Manager shall appear and be heard, with or without counsel.

(d) Suspension Pending Hearing. After furnishing the City Manager with written notice of intended removal, the City Council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by action of the Council passed subsequent to the aforesaid hearing.

(e) Discretion of Council. In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to said City Council his or her grounds of opposition to his or her removal prior to its action.

(Sec. 9, Ord. 84-01, eff. Jan. 10, 1984: Sec. 2 (part), Ord. 07-001, eff. Feb. 15, 2007)

2-7.510 Agreements on Employment.

Nothing in this article shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this article.

(Sec. 10, Ord. 84-01, eff. Jan. 10, 1984)

Article 6. Key City Employee Contracts

2-7.601 Declaration of Policy.

It is hereby declared to be the policy of the City of Emeryville to limit the term of key city employees contracts as defined herein to not more than three (3) years; and that the City of Emeryville shall not enter into contracts with key city employees where provisions are made for automatic extensions or renewals.

(Sec. 1, Ord. 87-01, eff. Feb. 5, 1987; Sec. 1, Ord. 18-004, eff. Nov. 1, 2018)

2-7.602 Definitions.

As used in this article, unless the context otherwise clearly indicates, the words and phrases in subsections (a) through (b) of this section shall have the meaning respectively ascribed to them in said sections.

(a) “Key city employees” shall mean City Manager, City Attorney and any employee who is employed by the City of Emeryville under a contract at department head level or above.

(b) “Contracts” shall mean any written or oral agreement between the City of Emeryville and any key city employee(s) defining the terms of employment.

(Sec. 2, Ord. 87-01, eff. Feb. 5, 1987)

2-7.603 Purpose.

It is in the best interests of the people of Emeryville that all key city employees be accountable to the elected officials of the City of Emeryville. Extended employment contracts reduce or eliminate that accountability and could have a severe negative economic impact on the taxpayers of Emeryville.

(Sec. 3, Ord. 87-01, eff. Feb. 5, 1987)

2-7.604 Severability.

If any section, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof.

(Sec. 4, Ord. 87-01, eff. Feb. 5, 1987)

CHAPTER 7.OFFICES AND EMPLOYEES

2-7.101 Required.