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HomeMy WebLinkAboutOrdinance #740 ORDINANCE No.. 740 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH OR- DINANCE CODE BY AMENDING CERTAIN SECTIONS THEREOF AND ADDING NEW SECTIONS THERETO RELATING TO THE ADMINISTRATIVE OFFICER. The City Council of the City of Huntington Beach do ordain as follows: Section 1: That the following new sections are hereby added to the Huntington Beach Ordinance Code, to read in words and figures . as follows: Section 1271.0;1. Residence. Residence in the City at the time of appointment of an Administrative Officer shall not be required as a condition of the appointment, but dur- ing his tenure of office the Administrative Officer. shall reside within the City. No person elected as a Councilman of the City shall, subsequent to such election,. be eligible for appointment as Administrative Officer until one year has elapsed after such Council member shall have ceased to be a member of the City Council. Section 1271.02. Bond. The Administrative Officer 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 per- formance of the duties imposed upon the Administrative Officer as herein prescribed. Any premium for such bond shall be a proper charge against the City of Huntington Beach. 1. Ord. No. 740 Section 1271.03,_ Absence, The Administrative Officer shall designate an officer of the City of Huntington Beach to serve as acting Administrative Officer during any temp- orary absence or disability of the Administrative Officer. In the event of failure to make such designation, the City Council may appoint an officer to perform the duties of the Administrative Officer during the period of absence or dis- ability of said Administrative Officer, Section 1271.04. Removal of Administrative Officer. The removal of the Administrative Officer shall be only upon a three member vote of the whole Council in the City in re- gular Council meeting, subject, however, to the provisions of the next succeeding subsections. In case of his intended removal by the City Council, the Administrative Officer shall be furnished with a written notice stating the Council's intention to remove him and the reason therefor, at least thirty days before the effective date of his removal. Section 1271,041, Hearing. Within seven (7) days af- ter the delivery to the Administrative Officer of such not- ice he may, by written notification to the City Clerk, request a hearing before the City Council thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, at which the Administrative Officer shall appear and be heard. 2. Ord. No. 740 r Section 1271.042. Suspension Pending Hearing. After. furnishing the Administrative Officer with written notice of intended removal, the City Council may suspend him from duty, but his compensation shall continue until his, removal -,,by resolution of the Council passed subsequent to the aforesaid hearing. Section 1271.043. Discretion of Council. In removing the Administrative Officer the City Council-11shh1l 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 Administrative Officer to present to said City Council his grounds of opposition ' to his removal prior to its action. Section 1271,044. Limitation on Removal. Notwithstanding the provisions of this Ordinance hereinbefore enumerated, the Administrative Officer 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 City Council, is elected; the pur- pose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the Administrative Officer in the performance of the powers' and duties of his office. After the expiration of said ninety (90) day period aforementioned the provisions .of the preceding section as to the removal of said Administrative Officer shall apply and be effective. 3. Ord. No. 740 Section 1271.045. Compensation. The Administrative Officer shall receive such compensation as 'prescribed in Article 159, Section 1591, or as amended, and expense allow- ances as the City Council shall from time to time determine, and said compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate. Said Administrative Officer shall be reimbursed for all sums necessarily incurred or paid by him in the per- formance of his duties or incurred when traveling on business pertaining to the City under direction of the City Council; relimbursement shall only be made, however, when an itemized claim, setting forth the sums expended and for which reim- bursementis requested, has been presented-to the City Council for approval. Section 1271.41. Director of Civilian Defense. To act as local Director of Civilian Defense. Section 1275. Attendance at Commission or Board Meet- ings. The Administrative Officer may attend -any and all meetings of any commissions , boards , or committees hereafter created by the City Council, upon his own volition or upon direction of the City Council.. At such meetings which the Ad- ministrative Officer attends, he shall be heard by such commissions , boards, or committees as to all matters upon which he wishes to address the members thereof; and he shall inform said members as to the status of any matter being con- sidered by the City Council, and he shall cooperate to the 4. Ord. No. 740 fullest extent with the members of all commissions, boards, or committees appointed by the City Council. Section 1276. Council Manager Relations. The City Council and its members shall deal with the Administrative services of the City only through the Administrative Officer, except for the purpose of inquiry, and neither the City Council nor any members thereof shall give any orders to any sub- ordinates of the Administrative Officer. The Administrative Officer shall take his orders and instructions from the City Council as a Body, and no individual Councilmen shall give any orders or instructions to the Administrative Officer. Section 2. That Section 1271.2 of the Huntington Beach Ordinance is hereby amended and as amended, shall read in words and figures as follows: Section 1271.2. Meetings. To attend meetings of the Council, with the duty of reporting on or discussing any matter concerning the affairs of the departments, services, or activities under his supervision upon which in his. judgment the Council should be informed unless excused therefrom by the City Council, except when his removal is under consider- ation by the City Council. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington' Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. 5. Ord. No. 740 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 2nd day of November, 1959. Mayor ATTEST: TOHN L. City Clerk 6. Ord. No. 740 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and .ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 26th day of October, 1959, and was again read to said City Council at a regular meeting thereof held on the 2nd day of November. 1959, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council, AYES: Councilmen: Sork. Lambert, Terry, Waite, Irby.. ' NOES: Councilmen: None. ABSENT: Councilmen: - None. JCYN L ?'ENRIC3. S '.v Ci y C1_erk and. ex-of_f.icio Clerk of the City Council of the City of Huntington Beach, California 7.