Arcata Municipal Code
II:2 Administration, Officers and Employees, Sections 2100-2195.
ARTICLE 1--CITY MANAGER
SEC. 2100 Office created
SEC. 2101 Residence
SEC. 2103 Eligibility
SEC. 2105 Temporary Manager (Ord. No. 1024, Amended Ord. No. 1312)
SEC. 2106 Compensation
SEC. 2107 Powers and Duties
SEC. 2109 Removal of Manager (This section repealed 8/16/00 by Ord. No. 1310)
ARTICLE 5--DEFENDING CIVIL RIGHTS AND LIBERTIES
SEC. 2190 Purposes
SEC. 2191 No Unconstitutional Detentions or Profiling
SEC. 2192 No Unconstitutional Voluntary Cooperation
SEC. 2193 Notification
SEC. 2194 Defense
SEC. 2195 Severability
TITLE II - ADMINISTRATION
CHAPTER 2 - OFFICERS & EMPLOYEES
The office of City Manager of the City of Arcata is hereby created and established. The City Manager shall be appointed by the City Council on the basis of his administrative and executive ability and qualifications and shall hold office at the sole pleasure of the City Council. The City Manager job description and employment agreement shall govern the employment of the City Manager.
Residence in the City at the time of appointment shall not be required as a condition of the appointment of a City Manager, but if required as a condition of employment, the City Manager shall, within one hundred eighty (180) days thereafter, become a resident of the City or his terms of office shall thereupon terminate and the City Council shall appoint another person as City Manager.
No person elected as a Councilmember of the City shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such Councilmember shall have ceased to be a member of the City Council.
SEC. 2105. Temporary Manager. (Ord. No. 1024, eff. 9/02/1983; Amend. by Ord. No. 1312, eff. 11/02/2000)
During the temporary absence or disability of the City Manager, the City Manager shall designate a full-time employee from the Senior Management staff to perform the duties of Acting City Manager. In the event the City Manager is unable to or does not make such designation, the order of succession for performance of the duties of Acting City Manager shall be: (1) Assistant to the City Manager, and (2) the Chief of Police.
The foregoing provisions shall not apply to a vacancy in the office of City Manager in which case the City Council shall appoint an Acting City Manager to serve until a replacement is selected. In all cases where the City Manager fails to designate a temporary Manager, the City Council shall have the ultimate decision-making responsibility.
The City Manager shall receive such compensation as determined in the City Manager Employment Agreement.
The City Manager shall be reimbursed for all sums necessarily paid or debts necessarily incurred by him in the performance of his duties, or sums paid or debts incurred when traveling on business pertaining to the City pursuant to the direction of the City Council.
The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this ordinance. He/she shall be responsible for the efficient administration of the affairs of the City that are under his/her control. In addition to his/her general powers as administrative head, and not as a limitation thereof, he/she shall have the following duties and powers:
(a) LAW ENFORCEMENT. It shall be the duty of the City Manager to see that all laws and ordinances of the City are enforced and to see that all franchises, licenses and permits granted by the City and contracts entered into by the City are faithfully performed and observed.
(b) AUTHORITY OVER EMPLOYEES. It shall be the duty of the City Manager and he/she shall have the authority to control and give directions to all heads of departments and to subordinate officers and employees of the City under his/her jurisdiction through their department heads.
(c) POWER OF APPOINTMENT AND REMOVAL. It shall be the duty of the City Manager to appoint, remove, promote or demote the officers and employees of the City of Arcata, except the City Attorney, provided, however, that the Council may within ten (10) days after action is taken, in its own absolute discretion, review and confirm, modify, or reverse any action of the Manager under this subsection.
(d) ATTENDANCE AT COUNCIL MEETINGS. It shall be the duty of the City Manager to ATTEND ALL MEETINGS OF THE City Council, except when his/her removal is under consideration or unless excused by the City Council.
(e) FINANCIAL REPORTS AND BUDGET. It shall be the duty of the City Manager to keep the City Council at all times fully advised with respect to the financial conditions and needs of the City, and to prepare and submit a proposed annual budget and a proposed annual salary plan to the City Council for its approval.
(f) PURCHASING AGENT. It shall be the duty of the City Manager to purchase and he/she shall be responsible for the purchase of all supplies for the City and all supplies of all the departments and divisions of the City. All expenditures recommended to the City Council shall be submitted through the City Manager.
(g) ATTENDANCE AT COMMISSION MEETINGS. The City Manager may attend any and all meetings of the Planning Commission, and any other commission, board or committee hereafter created by the City Council, upon his/her own volition or upon direction of the City Council. At such meetings the City Manager may be heard by such commission, boards or committees as to all matters upon which he/she wishes to address the members thereof, and he/she shall inform the members as to the status of any matter being considered by the City Council and he/she shall cooperate with the members of all commissions, boards or committees appointed by the City Council to the fullest extent consistent with his/her duties as prescribed by ordinance or other act of the City Council.
(h) EMPLOYEE RELATIONS. It shall be the responsibility of the City Manager to carry out the function of Personnel Director as specified in Title II, Chapter 2, Article 2 herein. However, it shall be the responsibility of the Assistant to the City Manager/Personnel Manager to carry out the labor relations process on behalf of the City Council.
The following departments are hereby established:
A) Finance Department
B) Parks and Recreation Department
C) Community Development Department
D) Police Department
E) Public Transportation Department
F) Public Works Department
G) Environmental Service Department
The various department heads are to be appointed by and are directly responsible to the City Manager.
1. Adoption of Personnel System
In order to establish an equitable and uniform procedure for dealing with personnel matters; to comply with applicable laws relating to the administration of the personnel process; 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 to provide a reasonable degree of security for qualified employees, the following Personnel System is hereby adopted.
The terms used to administer the personnel system shall be defined in the Personnel Rules and Regulations.
The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him. The Personnel Officer shall:
a) Act as appointing authority for the City.
b) Administer all of the provisions of this article and of the personnel rules not specifically reserved to the City Council.
c) Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules.
d) Prepare or cause to be prepared a position classification and pay plan and revisions and amendments to such plan. The plan, and any revisions thereof, shall become effective when adopted by resolution of the City Council.
e) Have the authority to discipline employees in accordance with this Article and the personnel rules of the City.
f) Provide the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefore; the conducting and grading of tests and the certification of lists of persons eligible for appointment to positions in the competitive service.
4. Personnel Board
The City Council shall serve as the Personnel Board of the City, shall meet at the request of the City Manager or upon call by the Mayor, and shall have the right to subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses, and the power to compel the production of evidence by subpoena. Subpoenas shall be issued in the name of the City and attested by the City Clerk. Each member of the Personnel Board shall have the power to administer oaths to witnesses.
When acting as the Personnel Board, the City Council shall follow such procedures for the conduct of the business as are set forth in the Municipal Code, Personnel Rules and Regulations, and applicable state law.
The duty of the City Council shall be, under the provision of this article and the Personnel System Rules and Regulations, to hear appeals submitted by any person in the competitive service pursuant to this article and the Personnel System Rules and Regulations, and to make findings and render a decision in each case. The decision of the City Council shall be final within the framework of the City government.
5. Competitive Service
The provisions of this article shall apply to all offices, positions and employments in the service of the City, except:
a) Elective Officers.
b) The City Manager and any assistants to the City Manager.
c) Members of appointive boards, commissions, and committees.
d) All department heads.
e) Persons engaged under contract to supply expert, professional, technical or any other services.
f) Volunteer personnel.
g) All Council appointed City Officers.
h) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property.
i) Employees with part-time appointments.
j) Employees with temporary appointments.
Employees not included in the competitive service under this section shall serve at the pleasure of their appointing authority.
6. Adoption and Amendment of Rules
Personnel rules and amendments or revisions thereof shall be adopted by resolution of the City Council after notice of such action has been publicly posted at least ten (10) days prior to consideration by the City Council. The City Manager shall give reasonable written notice to each recognized employee organization affected by the rules and amendments or revisions thereof proposed to be adopted by the City Council when such rules or amendments are within the scope of representation as defined in State law. Amendments and revisions may be suggested by any interested party and shall be submitted to the City Council through the City Manager.
The rules shall establish regulations governing the Personnel System including:
a) Preparation, installation, revision, and maintenance of a position classification and pay plan covering all positions in the competitive service, including employment standards and qualifications for each class.
b) Public announcement of the selection process and acceptance of applications for employment.
c) Preparation and conduct of examinations and the establishment and use of resulting employment lists containing names of persons eligible for employment.
d) Certification and appointment of persons from employment lists, and the making of provisional appointments.
e) Establishment of probationary periods.
f) Evaluation of employees.
g) Transfer, promotions, reinstatement, disciplinary action, and layoff of employees in the competitive service.
h) Separation of employees from City service.
i) The establishment and maintenance of adequate personnel records.
j) The establishment of appeal and grievance procedures concerning the interpretation or application of this article and any rules adopted hereunder.
k) Training of employees.
Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit to be ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the job related qualifications of candidates such as achievement and aptitude tests, written tests, personal interviews, performance tests, physical agility tests, evaluation of work performance, work samples, reference and background checks, or any combination of these or other tests. The probationary period shall be considered an extension of the examination process. Physical and medical tests may be given as a part of any examination.
When an appointment is to be made to a vacancy in the competitive service, an employment list containing the names of persons certified by the Personnel Officer to be qualified for the position shall be furnished to the department head. An employment list shall contain at least three (3) names unless this requirement is waived by the department head. The department head shall make a selection from the employment list and recommend an appointment for consideration by the City Manager.
All appointments to positions in the competitive service shall be made by and at the discretion of the City Manager.
8. Probationary Period
All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months or longer as determined by the Personnel Rules. During the probationary period, the employee may be rejected any time without the right of appeal or hearing.
9. Status of Present Employees
Any person holding a position in the competitive service who, on the effective date of this article, shall have served continuously in such position, or in some other position in the competitive service for a period equal to the probationary period prescribed in the rules for his class, shall assume permanent status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this article and the personnel rules.
Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining permanent status. The probationary period shall be computed from the date of appointment or employment.
10. Applicability of Rules to Excepted Positions
The provisions of the personnel rules relating to attendance and leaves shall apply to incumbents of the full-time positions excepted from the competitive service under Section 5 unless otherwise specified.
11. Right of Appeal
Any employee in the competitive service shall have the right to appeal a disciplinary action.
All appeals shall be processed in accordance with the requirements and procedures as set forth in the Personnel Rules and Regulations adopted pursuant to this Article.
12. Political Activity
No City employee shall engage in any political activity during hours of employment or while in official uniform.
13. Fair Employment Practices
No person in the competitive service, or seeking admission thereto, shall be employed, promoted, disciplined or discharged, or in any way favored or discriminated against because of political opinions or affiliations, race, color, ancestry, national origin, religious creed, sex, age, handicap, (as defined in Resolution No. 845-35, eff. 1/16/1985), medical condition, marital status, sexual preference, or because of the exercise of his/her rights under Section 3502 of the Government Code of the State of California relating to participation in the activities of employee organizations.
No applicant for employment shall be offered employment of the City, nor shall any employment continue once obtained, if said employment shall place that employee in a position of supervising directly, or directly or indirectly receiving orders from another employee, who is related to the applicant by blood, marriage, or other close ties so as to create the potential for any conflict or loyalty.
15. Right to Contract for Special Services
The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this article:
a) The preparation of personnel rules and subsequent revisions and amendments thereof.
b) The preparation of classification and pay plans, and subsequent revisions and amendments thereof.
c) The preparation, conduct, and grading of competitive tests.
d) The conduct of employee training programs.
e) Special and technical services of advisory or informational character on matters relating to personnel administration.
The provisions of this article are severable and if any provisions or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of this ordinance.
17. Enforcement and Penalties
Any person who shall violate the provisions of this article or the rules adopted pursuant to this article shall be guilty of an infraction and, upon conviction, shall be punished by a fine not to exceed $25.00 for each violation.
18. Repeal of Superseded Ordinance
Ordinance No. 875 of the City of Arcata, eff. 7/02/1976, is hereby repealed.
The City of Arcata declares that it desires to qualify to receive aid from the State of California under the provisions of Chapter 1 or Title 4, part 4 of the California Penal Code.
Pursuant to Section 13522 of said Chapter 1, the City of Arcata while receiving aid from the State of California pursuant to said Chapter 1 will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
The purposes of this ordinance are as follows:
A. To protect the civil rights and civil liberties for all and to affirm the City's commitment to embody democracy, and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California Constitutions, as set forth in Resolution 023-32, A Resolution of the City Council of the City of Arcata to Defend the Bill of Rights and Civil Liberties, adopted by the Council on January 15, 2003; and
B. To ensure that local law enforcement continues to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), related executive orders, regulations or future enacted laws, executive orders or regulations.
No management employee of the City shall officially engage in or permit unlawful detentions or profiling based on race, ethnicity, national origin, gender, sexual orientation, political or religious association that are in violation of individuals' civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution.
No management employee of the City shall officially assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individuals' civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution.
Management employees of the City shall promptly notify the City Manager when, in the course of City employment, the following occurs:
A management employee is contacted by another law enforcement agency and asked to cooperate or assist with an investigation, interrogation, or arrest procedure under provisions of the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), related executive orders, regulation or future enacted laws, executive orders or regulations, where such procedure is in violation of an individual's civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution.
Upon such notification from a management employee, or upon such contact directly, the City Manager shall promptly report to the City Council specifying the law enforcement agency seeking cooperation or assistance and the actions requested of the management employee.
The City shall provide legal defense to any management employee who is criminally charged by another entity for his or her actions in compliance with this Ordinance.
If any section or sections of the ordinance is or are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and remain in effect.
II.2 - 10 4/02/2003