City of Paramount, CA Chapter 2.08 ADMINISTRATIVE OFFICERS

§ 2.08.010 Generally.

A. Establishment of Offices. The following offices of the City are established:

1. City Manager.

2. City Clerk.

3. Chief Deputy City Clerk.

4. City Treasurer.

5. Director of Public Works.

6. Director of Finance.

7. Administrative Assistant.

8. City Attorney.

B. Subordinate Administrative Positions. Subordinate administrative positions shall be those established from time to time by the City Council.

C. Residence Requirements. The following administrative officers need not be a resident of the City at the time of appointment to such office, but shall establish residence within the City within 90 days after appointment to such office, unless such period is extended by the City Council: City Manager, City Clerk, Chief Deputy City Clerk and City Treasurer.

D. Bond. Forthwith upon their appointment and before entering upon the duties of their respective offices, the City Manager, the Administrative Assistant, the City Clerk, the City Treasurer and the Director of Finance shall each execute a bond to the City in the respective penal sum hereinafter set forth:

1. City Manager: $25,000.00.

2. City Clerk: $10,000.00.

3. City Treasurer: $10,000.00.

4. Director of Finance: $10,000.00.

5. Administrative Assistant: $10,000.00.

E. Compensation. Each administrative officer and employee of the City shall receive such compensation and expense allowances as the Council shall from time to time determine and fix by resolution. Such compensation and expense shall be a proper charge against such funds of the City as the Council shall designate.

F. Attendance at Meetings. All administrative officers of the City shall attend all meetings of the Council and of all City commissions, unless excused therefrom. All subordinate administrative employees shall attend all meetings of the Council and all meetings of all City commissions, as required by the City Manager.

G. Hours of Employment. The following administrative officers shall devote their whole time to the duties of their respective offices in the interests of the City: City Manager, City Clerk, Chief Deputy City Clerk, Director of Public Works and Administrative Assistant.

H. Primary Responsibility. It shall be the primary responsibility of all administrative officers at all times to keep the Council and the members thereof fully and completely informed on all affairs and matters affecting or relating to the City government, the Council or any officer or employee of the City.

I. Political Activity. Neither the City Manager nor any administrative officer or employee under his or her jurisdiction shall take any part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office within the City.

J. Cooperation of Officers with City Manager. It shall be the duty of all subordinate officers, including the City Treasurer and the City Attorney, to cooperate with and assist the City Manager in administering the affairs of the City most efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and the ordinances of the City.

(Prior code §§ 2-9—2-18)

§ 2.08.020 City Manager.

A. Office Created—Contract—Term of Office. The office of the City Manager of the City is hereby created and established. The City Manager shall be appointed by the City Council solely on the basis of that candidate's executive and administrative qualifications, ability and experience. The City Council is hereby authorized to enter into a written contract of employment with the City Manager. In the absence of such written contract, the City Manager shall hold office at and during the pleasure of the City Council.

B. Eligibility.

1. Residence in the City at the time of appointment shall not be required as a condition of appointment.

2. Any person who is eligible for appointment as City Manager shall, at a minimum, possess the following qualifications:

a. Bachelor's degree from an accredited college or university;

b. Five years responsible experience in public administration, including service at a department head level or equivalent; or

c. Five years responsible experience in private sector administration in senior management in an organization having 50 or more employees.

3. No person elected to membership on the City Council shall, subsequent to such election, be eligible for appointment as City Manager until five years have elapsed after that person has ceased to be a member of the City Council.

C. Designation of Person to Act During Absence or Disability. In case of the absence or disability of the City Manager, the Assistant City Manager shall be the person to perform the duties of the City Manager during the period of absence or disability of the City Manager subject, however, to such person furnishing a corporate surety bond and conditioned on faithful performance of the duties required to be performed. In the case of the absence or disability of the Assistant City Manager, the City Council may designate a duly qualified person to perform the duties of the City Manager during the absence or disability of the City Manager, subject to the eligibility requirements of subsection B of this section.

D. Compensation.

1. The City Manager shall receive such compensation as the City Council shall from time to time determine and fix. Such compensation shall be a proper charge against funds of the City and the City Council shall designate such funds.

2. The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the City under direction of the City Council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the City Council, and duly approved and allowed.

E. Powers and Duties. The City Manager shall be the administrative head of the City government under the direction and control of the City Council, except as otherwise provided in this chapter. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under the City Manager's control. In addition to those general powers as administrative head, and not as a limitation thereon, it shall be the City Manager's duty and the City Manager shall have exclusive authority:

1. To see that the laws of the State pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, permits and privileges granted by the City are faithfully observed.

2. To control, order and give direction to all heads of departments, subordinated officers and employees of the City, except the City Attorney and the City Treasurer; and to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under the City Manager's direction.

3. To appoint, promote, discipline, demote and remove any officers and employees of the City, except the City Attorney and the City Treasurer.

4. To exercise control over and to supervise in general all departments and divisions of the City government and all appointive officers and employees thereof, except the City Attorney and the City Treasurer.

5. To attend all meetings of the City Council and its committees unless excused therefrom by the City Council, except when removal is under consideration by the City Council.

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

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

8. To prepare and submit to the City Council the annual budget and to administer it after adoption.

9. To purchase or cause to be purchased all supplies for all of the departments or divisions of the City.

10. 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.

11. 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.

12. To exercise general supervision over all public buildings, public parks, streets 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.

13. To devote such time as required by the duties and interest of the City.

14. To make reports and recommendations as may be desirable or as requested by the City Council.

15. To serve in any appointed office or as head of department within the City government to which the City Manager may be qualified when appointed thereto by the City Council and to hold and perform the duties thereto by the pleasure of the City Council.

16. To provide leadership for civic movements designed to benefit the residents of the City when so authorized by the City Council.

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

18. To appoint City Clerk. Pursuant to the provisions of Section 34856 of the Government Code of the State of California, the City Manager of the City of Paramount is hereby empowered to appoint the City Clerk.

F. Ex-Officio Member of Boards and Commissions. The City Manager shall be an ex-officio member of all boards and commissions appointed by the Mayor or the City Council pursuant to law, with a right to participate in all deliberations or actions by the City Manager's voice but without vote.

G. Removal.

1. Generally.

a. The removal of the City Manager shall be only on a majority vote of the whole Council subject, however, to the provisions of paragraph 2 of this subsection. In case of the City Manager's intended removal by the Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove and the reasons therefor at least 30 days before the effective date of removal.

b. Within seven days after delivery to the City Manager of such notice, the City Manager may by written notification to the mayor 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 meeting place, but before the expiration of the 30-day period, and at which time the City Manager shall appear and be heard.

c. After furnishing the City Manager with written notice of intended removal, the City Council may suspend the City Manager from duty, but all compensation shall continue until the City Manager's removal by resolution of the Council passed subsequent to the aforesaid public hearing.

d. 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 such hearing is to allow the City Manager to publicly present to the City Council grounds of opposition to removal prior to its action.

2. After Municipal Election. Notwithstanding the provisions of this section hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in the City at which election a member of the City Council is elected. The purpose 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 City Manager in the performance of the powers and duties of office. After the expiration of the 90-day period, the provisions of the preceding subdivision as to the removal of the City Manager shall apply and be effective.

3. When Employed Under Written Contract. In the event of a written contract of employment, as set forth in Section 2.08.020(A), the provisions of subsection (G)(1) and (2) shall not apply.

H. Amendment—Repeal. Any action taken by the City Council to amend or repeal any or all provisions of this section shall require a four-fifths vote for passage.

(Prior code §§ 2-19—2-28.1)

§ 2.08.030 City Clerk.

A. Powers and Duties. The City Clerk shall report to the City Manager. Subject to the transfer to the Director of Finance of certain duties of the City Clerk, as set forth in Section 2.08.070(B), the City Clerk shall perform all the duties and have all the powers, duties and responsibilities as prescribed by the laws of the State, the Code and other ordinances of the City. He or she shall be responsible for the efficient administration of all of the affairs of the City under his or her jurisdiction. He or she shall prescribe such administrative rules and procedures as he or she may deem proper or necessary for the general conduct and operation of City functions under his or her jurisdiction. In addition to his or her general powers and duties, and not as a limitation thereon, he or she shall have the powers and duties set forth in the following paragraphs.

1. Serve as secretary to the Council and maintain as accurate minute record of all proceedings of the Council.

2. Maintain records of all ordinances, resolutions, contracts and other public documents of the City.

3. Serve as election officer in all municipal elections, and shall cooperate with the County in all other elections.

4. Responsible for the preparation of transcripts for the issuance of government bonds as required by law.

5. Perform such other duties and exercise such other powers as may be assigned or delegated to him or her from time to time by the Council.

B. Vacancy in Office. When a vacancy occurs in the office of the City Clerk, the City Manager shall within five days after the office becomes vacant appoint an acting City Clerk from among the officers or employees of the City.

C. Acting City Clerk. In the case of the absence or disability of the City Clerk, the City Manager may designate some qualified City officer or employee to perform the duties of the City Clerk during the period of absence or disability of the City Clerk, subject, however, to such person furnishing a bond as set forth in Section 2.08.010(D).

D. Chief Deputy City Clerk. The office of Chief Deputy City Clerk is hereby established and created. The Chief Deputy City Clerk shall be under and subject to the supervision of the City Clerk. He or she shall perform such duties and have such responsibilities as may be prescribed to him or her by the City Clerk. For the purposes of departmental administration only, the Chief Deputy City Clerk shall be treated as the chief administrative officer of the City Clerk's office.

E. Deputy City Clerks. Upon approval of the City Council the Chief Deputy City Clerk may, with concurrence of the City Manager, appoint not more than three deputy City Clerks, who shall be under the jurisdiction of the City Clerk. A deputy City Clerk shall perform the duties and have all of the powers and responsibilities of the City Clerk. Deputy City Clerks may be disciplined or removed by the City Clerk, subject to approval by or ratification by the Council.

(Prior code §§ 2-29—2-33)

§ 2.08.040 City Treasurer.

A. Powers and Duties. The City Treasurer shall perform all of the duties and have all of the powers and responsibilities of the City Treasurer as prescribed by the laws of the State. It shall be the duty of the City Treasurer to perform such other duties and exercise such other powers and responsibilities as may be assigned or delegated to him or her from time to time by the Council.

B. Filling Vacancy in Office. When a vacancy occurs in the office of City Treasurer, the Council shall, within five days after the office becomes vacant, appoint an acting City Treasurer from among the officers or employees of the City.

C. Acting City Treasurer. In the case of the absence or disability of the City Treasurer, the Council may designate some qualified City officer or employee to perform the duties of the City Treasurer during the period of absence or disability of the City Treasurer, subject, however, to such person furnishing a bond as set forth in Section 2.08.010(D).

(Prior code §§ 2-34—2-36)

§ 2.08.050 Director of Public Works.

A. Powers and Duties. The Director of Public Works shall be responsible for the efficient administration of all of the affairs of the City which are under his or her jurisdiction. He or she shall prescribe such administrative rules and procedures as he or she may deem proper or necessary for the general conduct and operation of City functions under his or her jurisdiction. In addition to his or her general powers, duties and responsibilities as Director of Public Works, and not as a limitation thereon, he or she shall have the powers and duties set forth in the following subdivisions:

1. Perform all the duties and have all of the powers and responsibilities of the Superintendent of Streets, and when performing the duties of the Superintendent of Streets, the Director of Public Works shall have and use the title "Superintendent of Streets."

2. Maintain constant inspection of all streets and alleys in the City.

3. Supervise all proceedings in connection with public works and public improvement projects.

4. Coordinate all proceedings and requirements in connection with streets, lighting, sewers, utilities, parks, recreation facilities, construction permits and community improvements within the City.

5. Approve the plans, specifications, and any subsequent modifications for improvements in the public right-of-way or on public lands that are or will be maintained by the City.

6. Perform such other duties and exercise such other powers and responsibilities as may be assigned or delegated to him or her from time to time by the Paramount Municipal Code or by the City Manager.

B. Filling Vacancy in Office. When a vacancy occurs in the office of Director of Public Works, the City Manager shall, within 10 days after the office becomes vacant, appoint an acting Director of Public Works from among the officers or employees of the City, subject to approval of or ratification by the Council.

C. Acting Director of Public Works. In the event of the absence or disability of the Director of Public Works, and subject to approval of or ratification by the Council, the City Manager may designate some qualified City officer or employee to perform the duties of the Director of Public Works during the period of such absence or disability.

(Prior code §§ 2-37—2-39)

§ 2.08.060 Utilities and Infrastructure Director.

A. Powers and Duties. The Utilities and Infrastructure Director shall be responsible for the efficient administration of all of the affairs of the City which are under his or her jurisdiction. He or she shall prescribe such administrative rules and procedures as he or she may deem proper or necessary for the general conduct and operation of City functions under his or her jurisdiction. In addition to his or her general powers, duties and responsibilities as Director of Utilities and Infrastructure, and not as a limitation thereon, he or she shall have the powers and duties set forth in the following subdivisions:

1. Perform all the duties and have all of the powers and responsibilities of the Superintendent of Streets, and when performing the duties of the Superintendent of Streets, the Director of Utilities and Infrastructure shall have and use the title "Superintendent of Streets."

2. Maintain constant inspection of all streets and alleys in the City.

3. Supervise all proceedings in connection with public improvement projects.

4. Coordinate all proceedings and requirements in connection with the water utility, streets, and annual capital improvement program within the City.

5. Approve the plans, specifications, and any subsequent modifications for improvements in the public right-of-way or on public lands that are or will be maintained by the City.

6. Perform such other duties and exercise such other powers and responsibilities as may be assigned or delegated to him or her from time to time by the Paramount Municipal Code or by the City Manager.

B. Filling Vacancy in Office. When a vacancy occurs in the office of Utilities and Infrastructure Director, the City Manager shall, within 10 days after the office becomes vacant, appoint an acting Utilities and Infrastructure Director from among the officers or employees of the City, subject to approval of or ratification by the Council.

C. Acting Utilities and Infrastructure Director. In the event of the absence or disability of the Utilities and Infrastructure Director, and subject to approval of or ratification by the Council, the City Manager may designate some qualified City officer or employee to perform the duties of the Director of Utilities and Infrastructure during the period of such absence.

(Prior code §§ 2-39.1—2-39.3)

§ 2.08.070 Director of Finance.

A. Office Established. Pursuant to authority granted by Sections 37209 and 40805.5 of the California Government Code, the office of Director of Finance of the City is hereby established. The City Council hereby finds that the tasks and duties bestowed upon the City Clerk and the City Manager and staff are so numerous that it is necessary to have his or her position created, to appoint someone to fill such position, and to transfer certain duties of the City Clerk to the Director of Finance as allowed by law.

B. Transfer of Certain Duties of City Clerk to Director of Finance. The duties imposed upon the City Clerk by Article 1 of Chapter 2, Part 3, Division 3, Title 4 of the California Government Code, are hereby transferred to the Director of Finance in accordance with Section 37209 of such Code. In addition, the finance and accounting duties imposed upon the City Clerk by Sections 40802 through 40805 of such Code are hereby transferred to the Director of Finance.

C. Powers and Duties Generally. The Director of Finance shall perform all of the duties and have all of the powers and responsibilities imposed upon the City Clerk by Article 1, Chapter 4, Part 2, Division 3, Title 4 of the California Government Code. He or she shall be responsible for the efficient administration of all the affairs of the City which are under his or her jurisdiction. He or she shall prescribe such administrative rules and procedures as he or she may deem necessary or proper for the general conduct and operation of City functions under his or her jurisdiction. In addition to his or her general powers, duties and responsibilities as Director of Finance, and not as a limitation thereon, he or she shall have the powers, duties and responsibilities set forth in the following subdivisions:

1. Charge of the administration of all financial affairs of the City, under the direction of the City Manager, and subject to the control of the City Council.

2. Be the accounting officer of the City, shall maintain a general accounting system and records reflecting financial condition of the City and shall prepare and present to the Council or to other agencies all financial reports required by law or as instructed by the Council or City Manager.

3. Prepare all vouchers for payment, prepare the register of demands and prepare monthly financial statements.

4. Maintain current inventories of all property of the City, its departments, offices and agencies.

5. Perform such other duties and exercise such other powers and responsibilities as may be assigned or delegated to him or her from time to time by the Council.

D. Filling Vacancy in Office. When a vacancy occurs in the office of Director of Finance, the City Manager shall, within 10 days after the office becomes vacant, appoint an acting Director of Finance, subject to approval of or ratification by the Council.

E. Acting Director of Finance. In case of the absence or disability of the Director of Finance, and subject to approval of or ratification by the Council, the City Manager may designate some qualified person to perform the duties of the Director of Finance during the period of absence or disability of the Director of Finance, subject, however, to such person furnishing a bond to the City as set forth in Section 2.08.010(D).

(Prior code §§ 2-40—2-44)