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ORDINANCE NO. 2024-10
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CORONADO, CALIFORNIA, AMENDING
AND RENUMBERING TITLE 2, CHAPTER 2.08,
SECTIONS 2.08.010 THROUGH 2.08.060 AND
DELETING SECTIONS 2.08.070 THROUGH 2.08.180
OF THE CORONADO MUNICIPAL CODE
REGARDING EXECUTIVE POSITIONS.
WHEREAS, Title 2, Chapter 2.08, Sections 2.08.010 through 2.08.180 of the Municipal Code sets forth the City’s executive positions, specifying employees of the City who are at-will and who are appointed by and serve at the pleasure of the City Manager; and WHEREAS, under the current Chapter 2.08 of the Municipal Code, some of the listed executive positions are inaccurate as the position titles have been renamed or the listing of the position in the Municipal Code is unnecessary because the position is no longer active; and
WHEREAS, the current Chapter 2.08 of the Municipal Code has redundancies regarding the qualifications and duties of each executive position; and WHEREAS, the current Chapter 2.08 of the Municipal Code provides that executive employees are due a lump sum payment regardless of whether they are released from City employment with or without cause; and
WHEREAS, staff is proposing revising Chapter 2.08 of the Municipal Code to align the executive positions with the City’s current practices and reflect active positions, delete redundancies within the Chapter regarding the qualifications and duties of each executive position, and provide a lump sum payment to an employee only when they are released without cause and if the employee agrees to sign an irrevocable waiver of claims against the City.
NOW THEREFORE, the City Council of the City of Coronado, California, DOES HEREBY ORDAIN as follows:
SECTION 1.
All of the above statements are true and incorporated herein.
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SECTION 2.
Title 2, Chapter 2.08, Section 2.08.010, of Coronado Municipal Code is hereby amended to read as follows (underlines are additions and strikeouts are deletions):
2.08.010 Executive positions.
The following executive positions are established, each of which shall have the duties, responsibilities and authority necessary for the performance of the position, to include, without limitation, the authority to appoint, promote, remove terminate, or demote any employee who works for such executive:
A. Assistant City Manager;
B. Director of Administrative Services;
C. Director of Engineering and Project Development;
CD. Fire Chief Director of Fire Services;
DE. Director of Community Development, Redevelopment and Housing Services;
EF. Police Chief Director of Police Services;
FG. Director of Public Services and Engineering;
GH. Director of Recreational Services Recreation and Golf Services; I. Director of Golf Course Operations;
HJ. City Clerk; and
K. Executive Assistant to the City Manager; and
IL. Director of Library Services.
Title 2, Chapter 2.08, Section 2.08.020, of Coronado Municipal Code is hereby amended to read as follows (underlines are additions and strikeouts are deletions):
2.08.020 Appointment/removal of executives.
The City Manager is authorized to appoint, promote, terminate dismiss, and demote all executives.
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Title 2, Chapter 2.08, Section 2.08.050, of Coronado Municipal Code is hereby amended to read as follows (underlines are additions and strikeouts are deletions):
2.08.050 Qualifications and Responsibilities.
Executives shall be responsible for performing the functions of their position and shall be qualified through education, training, and experience as specified by State law, this code, and the position classification. Executives shall also perform further duties or functions as the City Manager may, from time to time, prescribe.
Title 2, Chapter 2.08, Section 2.08.050 of Coronado Municipal Code will be renumbered to Section 2.08.060 and is hereby amended to read as follows (underlines are additions and strikeouts are deletions):
2.08.0650 Service at pleasure.
A. Every executive is at-will and serves at the pleasure of the City Manager and such employment status may be terminated by the City Manager with or without a specification of cause, in accordance with this section.
B. The City Manager may deliver to an executive a written notice dated as of the date of delivery to the executive that the executive’s services shall no longer be required as of a specified date of termination, which shall be no sooner than 90 days from the date of delivery of the notice.
C. For a termination without cause, Uupon the date of termination, the executive shall be entitled to a lump sum final payment equal to six three months’ baseic pay, in exchange for the executive executing an irrevocable waiver of claims against the City, in a form acceptable to the City Manager. The executive will also be entitled to in addition any compensation accrued up to the date of termination, and other benefits and payments as may be required by law. any other entitlements owed by the City to the executive.
D. Termination for cause shall not entitle the executive to a lump sum final payment but employee the executive shall receive any compensation accrued up to the date of termination, and other benefits and payments as may be required by law. any entitlements owed by the City to the executive.
D. If the executive determines that the termination under this section has been accomplished in a manner that is likely to adversely stigmatize the executive in obtaining other employment, the executive shall deliver to the City Manager a written request setting forth the manner in which the executive has been stigmatized and the actions requested of the City Manager to remove the apparent stigmatization.
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E. In order to support a claim of stigmatization, the executive must identify public statements or actions taken by the City that have resulted in what the executive has concluded to be a stigmatizing action. The fact of a personal delivery of the notice of termination, and the consequent termination of employment, do not constitute stigmatization.
F. If the City Manager does not take the actions requested by the executive to remove the apparent stigmatization, then the executive may apply to the City Council for an opportunity to present exculpatory information.
Title 2, Chapter 2.08, former Sections 2.08.060 and Section 2.08.070 through 2.08.180 are hereby deleted.
SECTION 3:
Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk of the City of Coronado shall cause this ordinance published pursuant to the provisions of Government Code Section 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Coronado, California, on November 19, 2024; and
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PASSED, ADOPTED, AND APPROVED by the City Council of the City of Coronado at a regular meeting thereof this December 3, 2024, by the following vote to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED:
RICHARD BAILEY, Mayor of the
City of Coronado, California
ATTEST:
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
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*****
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO :
ss. CITY OF CORONADO )
I, Kelsea Holian, City Clerk of the City of Coronado, hereby certify that the foregoing ORDINANCE NO. 2024-10 passed at the regular meeting of the City Council of the City of Coronado held on December 3, 2024, after having been read at the regular meeting of said City Council held on November 19, 2024
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
ORDINANCE NO. 2024-10