City of Palm Springs, CA CITY MANAGER

Ordinance No. 116

AN ORDINANCE ESTABLISHING THE CITY MANAGER FORM OF GOVERNMENT FOR THE CITY OF PALM SPRINGS, AND FIXING THE POWERS AND DUTIES OF THE MANAGER.

The People of the City of Palm Springs do ordain as follows:

Section 1.

(a)

The City Manager form of government for the City of Palm Springs is hereby adopted. The City Manager shall be appointed by the City Council solely on the bases of his executive and administrative qualifications, and shall hold office during the pleasure of the City Council. No person elected to membership on the City Council shall be eligible for appointment as City Manager until one year has elapsed following the termination of the tenure for which he last was elected.

(b)

In case of his intended removal by Council the Manager shall be furnished with a written notice stating the Council's intention to remove him and the reasons therefor at least thirty days before the effective date of his removal. With-in seven days after the delivery to him of such notice, the Manager may by written notification to the City Clerk request a public hearing before the Council. Thereafter the Council shall fix a time for the public hearing which shall be held at its usual place of meeting before the expiration of the said thirty day period, and at which the City Manager shall appear and be heard. After furnishing the City Manager with written notice of intention to remove, the Council may suspend him from duty but his salary shall continue until his removal by resolution of the Council passed subsequent to the public hearing. The Council in removing the Manager 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 Manager publicly to present to the Council his grounds of opposition to removal prior to its action.

Section 2.

The City Manager shall be the administrative head of the City Government under the direction and control of the Council. He shall be responsible to the City 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 shall have power:

(a)

To see that all laws and ordinances are properly enforced within the City.

(b)

To appoint, discipline and dismiss the Chief of Police, City Judge, all heads of departments, and all subordinate officers and employees of the City, except the City Clerk, the City Attorney and the City Treasurer; to transfer employees from one department to another; and to consolidate or combine offices, positions, departments, or units under his jurisdiction.

(c)

To exercise control over all departments and divisions of the City Government and over all appointive officers and employees thereof.

(d)

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)

To recommend to the Council for adoption such measures and ordinances as he deems necessary or expedient.

(f)

To keep the City Council at all times fully advised as to the financial condition and needs of the City.

(g)

To prepare and submit to the City Council the annual budget.

(h)

To prepare and recommend to the City Council a salary plan.

(i)

To purchase all supplies for all of the departments or divisions of the City. No expenditure shall be submitted or recommended to the City Council, except upon report or approval of the City Manager.

(j)

To make investigations into the affairs of the City, and any department or division thereof, and any contract, or the proper performance of any obligation running to the City.

(k)

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)

To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer.

(m)

To devote his entire time to the duties and interests of the City.

(n)

To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution of the City Council.

Section 3.

The City 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 City Council nor any member thereof shall give orders to any of the subordinates of the City Manager.

Section 4.

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

Section 5.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such determination shall not affect the validity of the remaining portions of this ordinance. The People of the City of Palm Springs hereby declare that they would have passed this ordinance and each section, subsection, clause and phrase thereof, irrespective of the fact that any portion thereof be declared invalid.

Section 6.

This ordinance shall be submitted April 14th and effective ten days after the returns of such election shall have been canvassed, providing it appears that a majority of the votes cast at such election were in favor of the ordinance. The City Clerk is thereupon ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Palm Springs Limelight, a newspaper of general circulation, printed, published and circulated in the City of Palm Springs.

Frank V. Shannon

Mayor of the City of Palm Springs

ATTEST:

Robert W. Peterson

City Clerk of the City of Palm Springs

I the undersigned, City Clerk of the City of Palm Springs, California, hereby certify that the preceding Ordinance No. 116 of the City of Palm Springs, was duly submitted to the electors of the City of Palm Springs at the General Municipal Election held April 14, 1942, and that it appears that a majority of the votes cast at such election were in favor of the ordinance. The City Council of the City of Palm Springs at its meeting held April 21st, 1942, duly canvassed the returns of said election and determined and declared the result thereof whereby it appears that a total of 323 votes were cast at such election in favor of the ordinance and a total of 311 votes were cast at such election against the ordinance.

I further certify that upon such canvass and declaration of results of the election the said ordinance was thereupon signed by Frank V. Shannon, Mayor of the City of Palm Springs and attested by Robert W. Peterson, City Clerk of said City.

Witness my hand and seal of said city this 22nd day of April, 1942.

Robert W. Peterson

Clerk of the City of

(CITY SEAL)

Palm Springs, California

(Prior code §§ 1301—1326)