Chapter 2.15

The office of city manager of the city is created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability and shall hold office during the pleasure of the city council. No person elected to office of city council shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed following the termination of the tenure for which he last was elected. (Ord. 247, § 1, Amended by Ord. 698, § 1; 1976 Code § 2-3.101; 1966 Code § 2070).

2.15.020 Bond for city manager.

The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and shall be conditioned on the faithful performance of the duties imposed on the city manager as prescribed in this article. Any premium for such bond shall be a proper charge against the city. (Ord. 247, § 1, Amended by Ord. 698, § 1; 1976 Code § 2-3.102; 1966 Code § 2071).

2.15.030 Absence or disability of city manager.

In case of the absence or disability of the city manager, the city council may designate some duly qualified person to perform the duties of city manager. (Ord. 247, § 1, Amended by Ord. 698, § 1; 1976 Code § 2-3.103; 1966 Code § 2072).

2.15.040 Compensation.

The city manager shall receive such compensation as the city council periodically determines and fixes by resolution, and he shall be paid at the same time and out of the same fund as other employees and officers of the city are paid. (Ord. 247, § 1, Amended by Ord. 698, § 1; 1976 Code § 2-3.104; 1966 Code § 2073).

2.15.050 Removal from office.

Removal of the city manager from office shall be only by a majority of the whole city council. (Ord. 247, § 1, Amended by Ord. 698, § 1; 1976 Code § 2-3.105; 1966 Code § 2074).

2.15.060 Functions and responsibilities – City treasurer.

Except as otherwise provided in this code, the functions and responsibilities of the office of city manager shall be described by resolution of the city council.

In addition, the city manager shall assume responsibility for the function of city treasurer and the manner in which it will be performed. The city manager shall be authorized to appoint the city officer, employee, outside legal expert, or some combination thereof to carry out such duties in full accordance with applicable city rules and regulations. (Ord. 247, § 1, Amended by Ord. 698, § 1 and Ord. 730, § 1(D); 1976 Code § 2-3.106; 1966 Code § 2075).

Article II. Official Bonds

2.15.070 City manager, city clerk, finance supervisor and director of finance.

The city manager, city clerk, finance supervisor and director of finance each shall, before entering upon the duties of their respective offices, execute to the city corporate surety bonds conditioned upon the faithful performance of their respective duties, in such amounts as shall from time to time be fixed by resolution of the city council. (Ord. 2, § 1, Amended by Ord. 354, § 1; Ord. 503, § 7; Ord. 698, § 1 and Ord. 730, § 1(E); 1976 Code § 2-3.201; 1966 Code § 2050).

2.15.080 Other officers and employees.

All other officers and employees of the city shall be covered by an honesty faithful performance bond in a penal sum as shall from time to time be fixed by resolution of the city council. (Ord. 354, § 1; 1976 Code § 2-3.202; 1966 Code § 2051).

2.15.090 Execution – Approval – Filing – Premiums.

All bonds shall be executed by a responsible corporate surety authorized to do business within the state of California, shall be approved as to form by the city attorney, and shall be filed with the city clerk, except the clerk’s bond shall be filed with the city manager. The amount of the premium for the official bonds shall be paid by the city. (Ord. 2, § 2, Amended by Ord. 354, § 1; Ord. 503, § 8 and Ord. 698, § 1; 1976 Code § 2-3.203; 1966 Code § 2052).

Article III. Personnel System

2.15.100 Adoption of personnel system.

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 of employees will be based on merit and fitness as determined by competitive test; and to provide a reasonable degree of security for qualified employees, the following personnel system is adopted. (Ord. 107, § 1; 1976 Code § 2-3.301; 1966 Code § 2300).

2.15.110 Personnel officer.

There is created the position of personnel officer. He shall be appointed by, and serve at the pleasure of, the council. The duties of the personnel officer may be combined with those of any other office or position. If such duties are not combined with those of any other office or position, the personnel officer shall have had training or experience in personnel administration. The personnel officer shall:

A. Attend all meetings of the personnel board;

B. Perform all other duties as may be assigned by the city council. (Ord. 107, § 2, Amended by Ord. 248, § 1; 1976 Code § 2-3.302; 1966 Code § 2301).

2.15.120 Reserved.

(1976 Code § 2-3.303).

2.15.130 Reserved.

(1976 Code § 2-3.304).

2.15.140 Competitive service.

The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except:

A. Elective officers; provided, however, that in the event the people of the city by election change the status of any of the elective offices of the city to that of appointive offices, then at the expiration of his term of office, the person holding such office shall assume regular status without competitive test, providing that he has served in such position continuously for at least six months immediately prior to the expiration of his term of office. Thereafter, the incumbent and the position shall be subject in all respects to the provisions of this chapter and the personnel rules;

B. Members of appointive boards, commissions and committees;

C. Persons engaged under contract to supply expert, professional or technical services for a definite period of time;

D. Volunteer personnel, such as volunteer firemen, who receive no regular compensation from the city;

E. City attorney;

F. Director of public works/city engineer;

G. The head of each city department or agency, and the division head or heads of each city department or agency;

H. Part-time, seasonal and hourly employees;

I. City manager;

J. Secretary to the city manager. (Ord. 107, § 5, Amended by Ord. 166, § 1; Ord. 276, § 1; Ord. 412, § 1; Ord. 503, § 9 and Ord. 698, § 1; 1976 Code § 2-3.305; 1966 Code § 2304).

2.15.150 Adoption of rules.

Personnel rules, prepared by the personnel officers subject to this chapter and to revision by the council, shall be adopted, and may be amended from time to time, by resolution of the council. The rules shall establish specific procedures and regulations governing the following phases of the personnel system:

A. Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class;

B. Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;

C. Public announcement of all tests and the acceptance of applications for employment;

D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;

E. Certification and appointment of persons from employment lists, and the making of temporary and emergency appointments;

F. Evaluation of employees during the probationary period;

G. Transfer, promotion, demotion, and reinstatement of employees in the competitive service;

H. Separation of employees from the city service through layoff, suspension, and dismissal;

I. Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training;

J. Suitable provision for orderly and equitable presentations to the council by employees relating to general conditions of employment;

K. Content, maintenance, and use of personnel records and forms. (Ord. 107, § 6; 1976 Code § 2-3.306; 1966 Code § 2305).

2.15.160 Activities not affected.

A. This chapter does not prevent any officer or employee from:

1. Becoming or continuing to be a member of a political club or organization;

2. Attendance at a political meeting;

3. Enjoying entire freedom from all interference in casting his vote;

4. Seeking or accepting election or appointment to public office while on leave of absence;

5. Seeking signatures to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service, or other working conditions;

6. 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 government.

B. The violation of any provision of this section is grounds for discharge of any officer or employee. (Ord. 107, § 18, Amended by Ord. 503; 1976 Code § 2-3.318; 1966 Code § 2317).

2.15.170 Discrimination.

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief. (Ord. 107, § 19; 1976 Code § 2-3.319; 1966 Code § 2318).

2.15.180 Solicitation of contributions.

A. No officer, agent, clerk, or employee, under the government 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 under the provisions of this chapter.

B. No officer or employee in the competitive service 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 competitive service. (Ord. 107, § 20; 1976 Code § 2-3.320; 1966 Code § 2319).

2.15.190 Right to contract for special service.

The council may contract with any qualified person or agency for the performance of such technical service as may be desired in the establishment or operation of the personnel system. The contract may include delegation to the person or agency so retained of all or a part of the responsibilities and duties imposed in this chapter upon the personnel officer, including his duties under MMC 2.15.140(C), but shall not include the delegation of powers and duties vested in the council or personnel board. (Ord. 107, § 21; 1976 Code § 2-3.321; 1966 Code § 2320).

2.15.200 Appropriation of funds.

The council shall appropriate such funds as are necessary to carry out the provisions of this chapter. (Ord. 107, § 22; 1976 Code § 2-3.322; 1966 Code § 2321).

Article IV. Expenses

2.15.210 Travel expenses.

Whenever any member of the city council, officer, deputy, or employee in the service of the city, or any member of a city board or commission, in the performance of his duty, is required to travel outside of the city, such person shall be allowed, in addition to his salary or compensation, his actual and necessary travel expenses in such amounts and in compliance with such rules as shall be established in a resolution to be adopted by the city council. (Ord. 242, § 1, Amended by Ord. 375, § 1 and Ord. 503, § 11; 1976 Code § 2-3.401; 1966 Code § 2825).

2.15.220 Authorization for out-of-state travel.

Before travel expenses to out-of-state destinations may be allowed, prior authorization for such travel must have been obtained from the city council and the mode of such travel approved thereby. Said authorization shall not be granted unless the council is satisfied that attendance at such convention, conference or meeting will be of benefit to the city and further that there are sufficient funds budgeted and available therefor. (Ord. 242, § 1, Amended by Ord. 375, § 2; 1976 Code § 2-3.402; 1966 Code § 2826).

2.15.230 Attendance at authorized luncheons or dinner meetings.

Whenever any member of the council or other city official, in the service of the city, attends a luncheon or dinner meeting or represents or serves the city, such person shall be entitled to reimbursement for the actual meal cost incurred. (Ord. 242, § 1, Amended by Ord. 375, § 3; 1976 Code § 2-3.403; 1966 Code § 2827).

2.15.240 Conventions, conferences and similar meetings.

Whenever overnight attendance is required to attend conventions, conferences and similar meetings and provided there are sufficient funds budgeted or available therefor, prior authorization of the city council shall be obtained; provided, however, that where time does not permit the obtaining of such permission, the consent of the city manager shall be obtained, and the council informed thereof at the next succeeding meeting of the council. (Ord. 242, § 1, Amended by Ord. 375, § 4 and Ord. 698, § 1; 1976 Code § 2-3.404; 1966 Code § 2828).

2.15.250 Conference or meeting where city acts as host.

Whenever the city, or any of its officers or department heads, acts as a host for a convention, conference or meeting held in the city, which conference or meeting will be of benefit to the city, the expenses of luncheon or dinner meetings held in conjunction therewith, including meals of representatives thereto, may be paid by the city upon presentation of claims therefor to the finance department. (Ord. 242, § 1, Amended by Ord. 375, § 5; 1976 Code § 2-3.405; 1966 Code § 2829).

2.15.260 Claims for expenses.

Before any travel expenses are allowed or paid, the claimant shall file a claim therefor with the finance department, duly certified as correct by the head of the office or department which he serves, and there shall be attached to said claim all receipts showing the moneys expended by the claimant; provided, however, that receipts and expenditures for expenses other than lodging in an amount less than ten dollars shall not be required. (Ord. 242, § 1, Amended by Ord. 375, § 6; 1976 Code § 2-3.406; 1966 Code § 2830).

2.15.270 Advance payments for expenses.

Advance payment for expenses may be made to a member of the council, officer or employee requesting same when prior approval of the council is obtained. Said advance payments shall be made only where overnight lodging is required and may not exceed the amount authorized by the city council. Within five working days after returning to the city, the person receiving the advance payments shall submit his claim as provided in MMC 2.15.260, together with any moneys remaining from the advance payment. (Ord. 242, § 1; 1976 Code § 2-3.407; 1966 Code § 2831 recodified as § 2-3.407 repealed by Ord. 375, § 7: 1966 Code § 2832 recodified as § 2-3.408 renumbered as § 2-3.407 and amended by Ord. 375, § 8).

2.15.280 Time limitation for submission of claims.

All claims for reimbursement under the provisions of this chapter must be submitted to the finance department, within thirty calendar days after the incurring of such expense. No claim will be honored or paid if submitted after said time limitation. (Ord. 242, § 1; 1976 Code § 2-3.408; 1966 Code § 2833 recodified as § 2-3.409 renumbered as § 2-3.408 and amended by Ord. 375, § 9).

Chapter 2.15OFFICERS AND EMPLOYEES

2.15.010 Office of city manager – Appointment.