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
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Mayor of the City of Palm Springs
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ATTEST:
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Robert W. Peterson
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City Clerk of the City of Palm Springs
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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.
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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.
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Witness my hand and seal of said city this 22nd day of April,
1942.
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Robert W. Peterson
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Clerk of the City of
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(CITY SEAL)
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Palm Springs, California
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(Prior code §§ 1301—1326)
All documents specified in Section 40602 of the Government Code
of the state of California may be executed by the city manager or
other named subordinate city officer whenever such authorization is
granted in a resolution, motion, or minute order adopted by the city
council.
(Prior code § 1140)
The city manager shall be empowered, pursuant to Section 34856
of the Government Code of the state of California, to appoint, discipline
or dismiss the city clerk. Such power shall be executed by the city
manager for any vacancy occurring in said office upon or after the
effective date of the ordinance codified in this section.
(Ord. 1142 § 1, 1981)