M E M O R A N D U M Agenda Item #:_17_ Meeting Date: April 9, 2019 TO: FROM: SUBJECT: MAYOR KAO AND THE HONORABLE COUNCILMEMBERS CHRISTI HOGIN, CITY ATTORNEY /s/ ORDINANCE AMENDING PALOS VERDES ESTATES MUNICIPAL CODE SECTION 2.08.080 TO ALLOW THE CITY MANAGER TO WAIVE LIMITATION ON REMOVAL AFTER A MUNICIPAL ELECTION DATE: APRIL 9, 2019 DISCUSSION Currently, the Palos Verdes Estates Municipal Code Section 2.08.080 provides that the City Manager cannot be removed from office during or within a period of 90 days following any general municipal election at which a member of the City Council is elected: A. The city manager shall not be removed from office during or within a period of ninety days following any general municipal election at which 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 the office. B. Except as provided in subsection A of this section, the city manager may be removed by a majority vote of the city council, subject to any applicable provisions contained in the city manager s employment agreement. The decision of the city council shall be final. The proposed ordinance would add this sentence to the end of subparagraph A: The city manager may waive in writing this limitation on removal. 001
As amended, should a council wish to remove a city manager during the 90-day period after an election, the city manager could choose to waive the limitation. This option eliminates the situation where the city would not benefit from the purpose of the provision and the manager does not wish to resign. Attached to this staff report are two versions of the same ordinance. If the City Council wishes to make this change to the Municipal Code, I recommend that the Council adopt the urgency version and introduce on first reading the regular version. Ordinarily, ordinances are adopted by a procedure that requires two steps. An ordinance is introduced at a meeting after a public discussion is held. At the next regular meeting occurring at least 5 days after introduction, the ordinance is adopted (generally on consent). No changes can be made to an ordinance between introduction and consent. The ordinance takes effect (becomes law) 30 days after the vote to adopt the ordinance. Sometimes there are circumstances that require an ordinance that takes effect immediately. The law provides that, where the City Council finds the circumstances warrant, by four-fifths vote, the City Council may adopt an urgency ordinance to take effect immediately upon adoption. An urgency ordinance is authorized where it is necessary for the immediate preservation of the public peace, health, and safety. In order to provide the broadest public notice and to shorten the time during which the City relies on the urgency findings, as a matter of practice, concurrently with adopting the urgency ordinance, the City Council also introduces a regular version. RECOMMENDED ACTION If the City Council wishes to make the change to the Municipal Code to allow for a waiver of the 90-day limitation on removal of a city manager after an election, the City Council should take the following actions: (1) Adopt the Urgency Ordinance of the City of Palos Verdes Estates Amending Section 2.08.080 of the Municipal Code; and (2) Introduce on first reading the Ordinance of the City of Palos Verdes Estates Amending Section 2.08.080 of the Municipal Code; and direct the City Clerk to schedule the ordinance for second reading and adoption. ATTACHMENTS 1. Urgency Ordinance of the City of Palos Verdes Estates Amending Section 2.08.080 of the Municipal Code; and 2. Ordinance of the City of Palos Verdes Estates Amending Section 2.08.080 of the Municipal Code 002
ORDINANCE NO. O19-736U Attachment 1 AN URGENCY ORDINANCE OF THE CITY OF PALOS VERDES ESTATES AMENDING SECTION 2.08.080 OF THE MUNICIPAL CODE The City Council of the City of Palos Verdes Estates does hereby ordain as follows: Section 1. Subparagraph A of Section 2.08.080 (Removal) of Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel) of the Palos Verdes Estates Municipal Code is hereby amended to add this sentence at the end of the paragraph: The city manager may waive in writing this limitation on removal. As amended, Section 2.08.080 reads as follows: A. The city manager shall not be removed from office during or within a period of ninety days following any general municipal election at which 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 the office. The city manager may waive in writing this limitation on removal. B. Except as provided in subsection A of this section, the city manager may be removed by a majority vote of the city council, subject to any applicable provisions contained in the city manager s employment agreement. The decision of the city council shall be final. Section 2. The City Council finds and declares that the adoption of this urgency ordinance is necessary for the immediate preservation of the public peace, health, and safety. The City Council finds it necessary to create a mechanism by which a city manager can waive the prohibition against removal from office during or within a period of ninety days following a general municipal election at which a member of the city council is elected in order to appropriately make necessary staffing changes that are in the best interest of the City. Requiring a city manager willing to vacate his or her office to remain in the City s employ for 90 days following an election is detrimental to the public s interest and would negatively affect the management of the City and the City Council s ability to conduct the People s business. Therefore, the City Council finds and determines that the immediate preservation of the public peace, health, and safety requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937 and take effect immediately upon adoption. Section 3. This Ordinance shall take effect immediately upon its adoption by at least a four-fifths of the City Council. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. 003
ORDINANCE NO. O19-736U APPROVED, ADOPTED AND ADOPTED this 9th day of April, 2019. KENNETH J. KAO, MAYOR ATTEST: LAUREN PETTIT, CITY CLERK (Seal) APPROVED AS TO FORM: CHRISTI HOGIN, CITY ATTORNEY 004
ORDINANCE NO. O19-736 Attachment 2 AN ORDINANCE OF THE CITY OF PALOS VERDES ESTATES AMENDING SECTION 2.08.080 OF THE MUNICIPAL CODE The City Council of the City of Palos Verdes Estates does hereby ordain as follows: Section 1. Subparagraph A of Section 2.08.080 (Removal) of Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel) of the Palos Verdes Estates Municipal Code is hereby amended to add this sentence at the end of the paragraph: The city manager may waive in writing this limitation on removal. As amended, Section 2.08.080 reads as follows: A. The city manager shall not be removed from office during or within a period of ninety days following any general municipal election at which 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 the office. The city manager may waive in writing this limitation on removal. B. Except as provided in subsection A of this section, the city manager may be removed by a majority vote of the city council, subject to any applicable provisions contained in the city manager s employment agreement. The decision of the city council shall be final. Section 2. This ordinance shall take effect 30 days after the date of its passage. Section 3. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. APPROVED, ADOPTED AND ADOPTED this day of, 2019. ATTEST: KENNETH J. KAO, MAYOR LAUREN PETTIT, CITY CLERK (Seal) APPROVED AS TO FORM: CHRISTI HOGIN, CITY ATTORNEY 005