ATTACHMENT 2
RESOLUTION NO. 4330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGION BEACH ADOPTING A COUNCIL MANUAL
BE IT RESOLVED by the City Council of the City of
Huntington Beach that it does hereby adopt a Council Manual, which manual is attached hereto and by this , reference made a part hereof.
Future amendments to the Council Manual shall be by
resolution of the City Council which shall relate only to the sections amended.
Resolutions No. 1463, 2539, 3164, 3306, 3664 and 4227
are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th day of September — 1976.
Karat A Weede
Mayor
ATTEST: APPROVED AS TO FORM:
APPROVED AS TO CONTENT AND
AS INITIATING DEPARTMENT:
servett in. Wieder
Res. No. 4330
STATE OF CALIFORNIA
COUNTY OF ORANGE ) 88:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENIWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 20th day
of September 19 76, by the following vote:
AYES: Councilmen:
Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: Councilmen:
None
ABSENT: Councilmen:
None
Alicia M. Dentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
RESOLUTION NO. 4325
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ADOPTING A COUNCIL MANUAL
BE IT RESOLVED by the City Council of the City of
Huntington Beach that it does hereby adopt a Council Manual, which manual is attached hereto and by this reference made a part hereof.
Future amendments to the Council Manual shall be by
resolution of the City Council which shall relate only to the sections amended.
Resolutions No. 1463, 2539, 3164, 3306, 3664 and 4227
are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th day of_ September — 1976.
Mayor
ATTEST: APPROVED AS TO FORM:
Alia 1: Mentionth O
City Clerk ity
APPROVED AS TO CONTENT AND
AS INITIATING DEPARTMENT:
Herett in. Wieder
COUNCIL MANUAL
TABLE OF CONTENTS
Chapter 1.01, CITY COUNCIL
Sections:
1.01.01 Rules of Office of councilpersons
1.01.02 Vacancies
1.01.03 Attendance
1.01.04 Duties of the City Council
1.01.05 Duties of the Mayor
1.01.06 Duties of the Mayor Pro Tempore
1.01.07 Compensation of councilpersons
Chapter 1.02, CODE OF ETHICS
Sections:
1.02.01 Purpose of code
1.02.02 Definition
1.02.03 Responsibilities of public office
1.02.04 Dedicated service
1.02.05 Fair and equal treatment--Unilateral communications
1.02.06 Standards of conduct
Chapter 1.03, COUNCIL MEETING
Sections:
1.03.01 Agenda
1.03.02 Time and place of council meeting
Chapter 1.04, PARLIAMENTARY PROCEDURE
Sections:
1.04.01 Roberts Rules of Order Revised
1.04.02 Parliamentarian
1.04.03 Motions
1.04.04 Vote required--Nonemergency
1.04.05 Emergency ordinances
1.04.06 Adoption of ordinances
1 Chapter 1.04, PARLIAMENTARY PROCEDURE conta.
Sections:
1.04.07 Reading of ordinances and , resolutions
1.04.08 Alteration of ordinance after introduction
1.04.09 Repeal of resolutions and ordinances
1.04.10 Orders for payment of money
1.04.11 The vote
1.04.12 Division of question ("split vote")
1.04.13 Tie votes
1.04.14 Nomination and election
1.04.15 Rights of Mayor
1.04.16 Quorum
1.04.17 Ralph M. Brown. Act
1.04.18 Fines, penalties and franchises
1.04.19 Other actions
1.04.20 When minute action is a resolution
1.04.21 Minute actions
1.04.22 Motion to rescind
1.04.23 Motion to reconsider
1.04.24 Vote required on appellate matters
1.04.25 Appointments to boards and commissions
Chapter 1.05, ROLE OF THE CITY ADMINISTRATOR
Sections:
1.05.01 Appointment and removal
1.05.02 Compensation and residence
1.05.03 Duties
1.05.04 Meetings
1.05.05 Noninterference with administrative service
1.05.06 Acting city administrator
Chapter 1.06, ROLE OF THE CITY ATTORNEY
Sections:
1.06.01 Term
1.06.02 Powers and duties
1.06.03 Requests for ordinances and resolutions
Chapter 1.07, ROLE OF THE CITY TREASURER
Sections:
1.07.01 Term
1.07.02 Powers and duties
11 TABLE OR CONTENTS TO
APPENDIX TO COUNCIL MANUAL
TITLE PAGE NO.
Resolution No. 4311, Budget Control 1 .
Motion to Reconsider 5
Removal of Members of Boards and Commissions 7
Expiration of Terms of Members of the Recreation and
Parks Commission 9
City Attorney Opinion No. 73-42 10
Parliamentary Procedure--Script for Mayor 12
Ralph M. Brown Act 15
City Reimbursement for Expenses of Councilperson's
Spouse, Memo 39
NIMLO Letter Re City Reimbursement for Expenses of
Councilperson's Spouse 40
City Council/Department Head Retreat--Brown Act,
City Attorney Opinion No. 76-40 42
Procedure for Handling Executive Sessions of City
Council, Letter 48
Resolution No. 4283, Conflict of Interest Code. 50
Chapter 1.01
•CITY COUNCIL
1.01.01 Rules of Office of Councilpersons. The Huntington Beach City Council is comprised of seven (7) members elected from the city at large to fill a term of four (4) years. tion of City Council members is divided into two (2) cyles. Four (4) Council members are elected at one general municipal elec- tion, followed in two (2) years by another general municipal election where three (3) members are elected, and so forth. The term of a City Council member begins on the first Monday after election and any tie in voting should be decided by casting lots. (Charter $500)
1.01.02 Vacancies. A vacancy in the City Council for
whatever reason shall be filled by appointment of the City Council; thereafter, at the next municipal election at which it is possible to place the matter on the ballot, the position wil1 be filled for the unexpired term, If any. (Charter $503)
1.01.03 Attendance. If a City Council member absents
himself from all regular meetings of the City Council for thirty (30) consecutive days after the last regular meeting the member attended, without the permission of the City Council, or is con- victed of a crime involving moral turpitude, or ceases to be an elector of the city, the City Council shall • declare his office vacant. In the event the City Council falls to fill the seat by appointment within sixty (60) days, the City Council shall cause an election to be held to fulfill the unexpired term. (Charter $503)
1.01.04 Duties of the City Council. All powers of the
shall be vested in the City Council except as otherwise provided in the city Charter. (Charter $505)
The duties of the City Council include, but are not limited to:
(a) Holding regular meetings at least twice per month
at such time as shall be fixed by ordinance (Charter $506) which 1s 7 p.m. on the first and third Mondays of each month in the Council chambers except where a meeting falls on a holiday then it is to be held on the following day.
(Resolution No. 4161)
(b) Calling special meetings by a majority of the City
Council. (Charter S507)
1. (c) Administering oaths and affirmations in any in-
vestigation or proceeding pending before the council, to compel attendance of witnesses, to examine them under oath and to compel the production of evidence. (Charter $509) (d) Adopt ordinances and resolutions. (Charter §511)
(e) Approving city contracts or authorizing the City
Administrator so to bind the city. (Charter §518)
(I) By ordinance or resolution providing for the sale or exchange of personal property not needed in city service, or not fit for its intended purpose. (Charter 518)
(g) Appointing the City Administrator and setting his com- pensation. (Charter $603)
(h) Removing the City Administrator by majority vote ex- cept during or within ninety (90) days of a municipal election. (Charter §606)
(1) Refraining from interference with the administrative service; except lor the purpose of inquiry, the city council must deal with the administrative service through the city Administrator. (Charter §607)
(1) Providing by ordinance or resolution for the organi- zation, conduct and operation of the various offices and de- partments of the city. (Charter $702)
(K) Controlling all legal business of the city. (Charter 8703)
(1) Designating depositories for city funds. (Charter $705) (m) Fixing by ordinance or resolution amounts and terms of official bonds of all officials or employees. (Charter $712) (n) Refraining from accepting other elective office while an elective officer of the city and, if done, the Council member will be deemed to have vacated his office. (Charter $710) (o) Refraining from having any financial interest in any transaction of the city. (Charter $709)
(p) Refraining from engaging in nepotism. (Charter §711) (q) Appointing to and creating the various boards and com- missions of the city
budget. (Charter ssson, Bro, aurs for their funding in the city
2. (r) Establishing by ordinance a comprehensive personnel system. (Charter $1000)
(S) Alter public hearings, reviewing, considering and adopt- the annual budget of the city. (Charter $$1202, 1203, 1204) At any subsequent meeting after adoption, the City Council may amend or supplement the budget. (Charter §1205)
(t) Adopting by ordinance a centralized purchasing system. (Charter $1206)
purposes in excess of One Dollar ($1) on each One Hundred Dollars ($100) Of assessed value of property within the city without voter authorization. (Charter $1207)
(v) Establishing by ordinance the procedure for assess- ment, levy and collection of taxes upon property within the city. (Charter $1208)
(w.) Establishing by ordinance procedure for the issuance of revenue bonds. (Charter $1209)
(X) Establishing a contingency fund for the purpose of
placing the payment of running expenses of the city on a cash basis. (Charter $1212) Establishing a capital outlay fund and such other funds by ordinance for special capital outlay pur- poses. (Charter $1213) The City Council may transfer to any • fund any unemcumbered surplus funds on hand at any time. (Charter $1213) The City Council may by ordinance establish the Treasurer's departmental trust fund for the collections and deposits of the police, license, building and other departments' deposits. (Charter $1214) The City Council may by ordinance establish any other funds not inconsistent with city Charter provisions. (Charter $1215)
(y) Accepting and rejecting all claims against the city. (Charter $1216) The City Clerk is authorized to act on behalf of the City Council in rejecting for insufficiency or denying claims filed against the city pursuant to Government Code §§900 et seq. (Resolution No. 4051, 7 Apr 75)
(z) Providing for an independent audit of the city each fiscal year. (Charter $1219)
(aa) Granting franchises for publie services after public hearings, when appropriate. (Charter $1400)
1.01.05 Duties of the Mayor. On the first Monday after
3. any municipal election where a Council member is elected and at any time where there is a vacancy in the office of Mayor, the City Council shall meet and elect one of its members Mayor.
The Mayor 1s the ceremonial head of the city and shall
have the primary, but not exclusive, duty to interpret the policies, programs and needs oi city government to the people.
The Mayor may make and second motions and shall have both voice and vote in all Council proceedings. The Mayor serves at the pleasure of the City Council. (Charter $504)
The Mayor may call special meetings of the City Council. (Charter $518)
The Mayor may execute contracts on behalf of the city.
(Charter $518)
Where the Mayor, Mayor Pro Tempore and City Clerk are
absent from the city, all papers and documents required to be executed by them may be executed by facsimile signature. (Resolution No. 3200, 3 Aug 70)
1.01.06 Duties of Mayor Pro Tempore. The Mayor Pro Tempore shall perform the duties of the Mayor during his absence or dis- ability.
1.01.07 Compensation of Councilpersons. For their serv- ¡ce to the city, Councilpersons shall receive the sum of $125 monthly for ordinary and routine expenses, and in addition to such sum, shall receive reimbursement for council-authorized travel and other expenses provided an itemized account is first submitted for such reimbursement, and is approved by the Council at the first regular meeting of the month following the month during which such expense was incurred.
Councilpersons shall also receive all fringe benefits
granted to department heads of the city, and such fringe bene- fits shall be included in the annual budget. (Ordinance No. 2079,18 Aug 76)
Chapter 1.02
CODE OF ETHICS
1.02.01 Purpose of code. The proper operation of demo-
cratic government requires that public officials and employees be independent, impartial, and responsible to the people. The purpose of this code is to establish ethical standards of
4. conduct for all such officials.
1.02.02 Definition. The municipal officials and em-
ployees of the City of Huntington Beach, whether elected or appointed, are "public officials and employees" within the meaning of this code.
1.02.03 Responsibllities of public office.
(a) Public officials and employees are bound to ob-
serve in their official acts the highest standards of mo- rality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary Their con-
duct in both their official and private affairs should be above reproach.
(b) Public officials are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out Impartially the laws of the nation, state and municipality.
1.02.04 Dedicated service. Public officials and em-
ployees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidential- ity of their work.
1.02.05 Fair and equal treatment--Unilateral communications.
No public official or employee should encourage, make, or accept any application or communication from any party made out of the presence and without the knowledge of other parties in a matter under consideration when such application or communication is designed to influence official decision or the conduct of the fficial himself, or other officials, employees, or agencies ir order to obtain favored treatment or special consideration to advance the personal or private interests of himself or others.
Any written unilateral communication received by a public official or employee in matters where all interested parties should have equal opportunity for a hearing should be made part of the record by the recipient. Any oral unilateral communi- cation received under such conditions should be written down in substance by the recipient and also made part of the record.
1.02.06 Standards of conduct. Every officer of the city shall attempt to be courteous and avoid making rude or personal remarks. When speaking at a public meeting, the officers of the
5. city shall attempt to speak to the issue and avoid making com- ments for the benefit of the audience or the press.
Chapter 1.03
COUNCIL MEETING
1.03.01 Agenda. All items and supporting documents
thereto must be filed with the City Clerk by 5 p.m. on the Monday preceding a council meeting to be included on that meeting's agenda.
Any item of an emergency nature that must be acted upon at the next council meeting may be included by making arrange- sharon 87) ments with the City Administrator. (Resolution No. 2520, Oral communications to the Council must be submitted for inclusion on the agenda, if not related to an item already on the agenda. The Mayor or chairperson may use discretion to allow or disallow oral communication on an agenda item where the request for oral communication has not been filed, as re- quired in this section.
1.03.02 Time and place of council meeting. Regular
council meetings shall be held in the City Council Chambers on the first and third Mondays of each month at 7 p.m. ex- cept where a meeting falls on a holiday it shall be held on the next business day. (Resolution No. 4161, 17 Nov 75) The time and place of special City Council meetings
shall be decided when called and the call and notice shall specify such time and place. (Charter $507)
All matters not on the floor by 11 p.m. will automati-
cally be continued to the next council meeting. (Minute Action, 6a1Ly 74,
• Chapter 1.04
PARLIAMENTARY PROCEDURE
1.04.01 Roberts Rules of Order Revised. In all matters
of parliamentary procedure which are not expressly provided for in the city Charter or the ordinances or resolutions of the city; the procedure contained in "Roberts Rules of Order Revised, as it now exists or future revisions thereof, shall control.
6. 1.04.02 Parliamentarian. The City Attorney Is parlia- mentarian for the City Council, and upon the request of the Mayor or upon his own initiative, shall make rulings on points of parliamentary procedure.
1.04.03 Motions. Motions may be made by any member of
the Council and require a second except when a second is not required by "Roberts Rules of Order Revised." A motion may be withdrawn by the mover with the consent of the second and in the absence of objection from any other member of the Council.
1.04.04 Vote required--Nonemergency. For all nonemer-
gency ordinances, resolutions or orders for the payment of money, four (4) affirmative votes are required. (Charter $511)
1.04.05 Emergency ordinances. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health and safety, and containing a statement of the reasons for its ur- gency, may be introduced and adopted at one and the same meet- ing if passed by at least five (5) affirmative votes. (Charter $511)
1.04.06 Adoption of ordinances. With the sole exceptior of emergency ordinances which take effect upon adoption, no ordinance shall be adopted by the City Council on the day of its introduction nor within five (5) days thereafter nor at any time other than a regular or adjourned regular meeting. (Charter $511)
1.04.07 Reading of ordinances and resolutions. At the
of introduction or adoption of an ordinance or resolution, it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous con- sent of the councilpersons present, except that emergency ordi- nances shall be read : in full. (Charter $511)
1.04.08 Alteration of ordinance after introduction. In
the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting being held not less than five (5) days after the date upon which such ordinance was so altered. lhe correction of tvpographical or clerical errors shall not constitute the making of an alteration within the meaning of ins of an att this section. (Charter $511)
1.04.09 Repeal of resolutions and ordinances. A resolu- tion may be repealed by another resolution or an ordinance. If repeal is by resolution without advance notice, five affirm- ative votes; with notice (in the formal Council agenda), four
7. affirmative votes. An ordinance may be repealed only by another ordinance.
-
1.04.10 Orders for payment of money. No order for the
payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. (Charter $511)
1.04.11 The vote. The vote on all motions shall be by
roll call, and may be recorded by electronic or mechanical means.
1.04.12 Division of question ("split vote"). If the
question contains two (2) or more divisible propositions, the Mayor may, and at the request of any councilperson shall, di- vide the question (also called "split vote"). Example:
(1) Waive further reading of ordinance/resolution (re-
quires unanimous vote).
(2) Adopt.
1.04.13 Tie votes. If a vote is a tie, the motion fails except that on appellate matters a tie vote on a motion to sus- tain the lower body's decision has the effect of sustaining the decision of the lower body. A tie vote on a negative motion does not approve the affirmative side of the motion. Thus a tie vote on a motion to disapprove or not to do something does not automatically adopt the opposite. After such tie vote the question should be made in the affirmative mode.
1.04.14 Nomination and clection. Nomination and election for the offices of mayor and mayor pro tempore, pursuant to Section 504 of the Charter, shall follow the following procedure:
(a) At the time set for nomination and election, the mayor and mayor pro tempore shall vacate their respective offices as such, and the City Clerk or other presiding officer shall call the Council to order and proceed to conduct an election for the office of mayor.
(b) Any member may nominate any other member, no seconds being required, and nominations shall be open until a mo- tion to close shall be adopted.
(c) The vote shall then be conducted on the nominees
by secret ballot and if no nominee secures a majority of votes cast, the two nominees with the highest number of votes shall be voted on by secret ballot.
(d) All votes on nominees shall be by secret ballot.
(e) No write-in votes shall be counted and any such
write-in votes shall be considered as a failure to vote. (I) In case of tie for the second highest vote, run-
off ballots on such tie nominees shall be cast to break the The tie is broken when one tie nominee receives the
highest number of votes cast on such ballot. When such tie is broken, a vote shall be taken on the nominee who has the highest vote, and the tie-breaking nominee.
(g) In case of a tie of more than two (2) nominees for
the highest vote, a vote shall be taken on such tie nominees, eliminating all others.
(h) All run-off or tie-breaking ballots are subject to
the same elimination rules as apply to the first ballot. (i) Successive ballots shall be cast until a nominee
is elected.
(i) A nominee shall be elected at any time such nominee has a majority of votes cast on any ballot in which all nominees eligible for a final ballot are in competition. (k) Each member shall be entitled to nominate one
nominee for each office: No member shall nominate himself. (1) A mayor pro tempore shall then be selected by the
same process as set forth in this section for the office of mayor.
(m) The mayor and mayor pro tempore, following such
proper election, shall serve for terms of one (1) year and until such time as their successors have been elected and qualified and installed.
to break a tie does not apply to the City Council.
1.04.16 Quorum. A quorum for all meetings of the City
Council Is four (4) councilpersons.
1.04.17 Ralph M. Brown Act. Any meeting, gathering or
coming together of four (4) or more councilpersons at which city business is discussed is subject to the Brown Act. full discussion of the Brown Act and its rules and require- ments is found at Appendix of this manual.
9. 1.04.18 Fines, penalties and franchises. In addition to such other acts of the City Council as are required by the Charter to be taken by ordinance, every act of the City ›ouncil establlshing a line or other penalty. or granting a rancise, shall be by ordinance. Charter $512'
1.04.19 Other actions. Actions which are not required
by the city Charter or city ordinances to be in the form of ordinances or resolutions may be effectuated by minute action.
1.04.20 When minute action is a resolution. In all sit- uations where an action of the City Council under the express provisions of the city Charter or ordinances shall or may be by resolution, a "minute action" of the City Council adopted by at least four (4) affirmative votes, shall be deemed a resolu- cion lor all purposes, and such action shall not fail merelj ecause it lacks the form or title of a resolution.
1.04.21 Minute actions. Minute actions require the af-
firmative votes of a majority of councilpersons present and voting, but not less than three (3), except when less than a quorum is present, the lesser number may adjourn from time to time.
1.04.22 Motion to rescind. A motion to rescind a minute action without advance notice requires five affirmative votes; with notice (in the formal Council agenda). four affirmative votes
1.04.23 Motion to reconsider. A motion to reconsider,
appropriate under Roberts Rules of Order Revised, may be made at the same meeting or no later than the next regular meeting of the City Council by a councilperson who voted on the prevailing side of the motion to which it applies.
vote required to adopt a motion to reconsider shall be a simple majority of councilpersons present and voting except that such motion shall require four (4) affirmative votes in order to reconsider any motion which required four (4) affirmative votes for adoption. A motion to reconsider may be made only once with respect to any motion to which it applies; however, a motion to reconsider a main motion does not preclude the making of a motion to reconsider the main motion as amended. A motion to amend may be reconsidered. A motion to reconsider a motion to reconsider is not permitted. The vote on the motion to re- consider shall be taken at the time the motion to reconsider is made except that the vote on a motion "to reconsider and enter upon the minutes" shall be taken at the next regular meeting of the City Council. The effect of the adoption of a motion to re- consider is to vacate the vote taken on the motion to which it applies and to present the motion to which it applies to the
10. body for action as if no vote had been taken on it. The new on the motion to which it applies neither sustains nor over- rules such motion because the old vote is vacated and the new vote is taken as though no previous vote had been taken.
1.04.24 Vote reguired on appellate matters. Where action has been taken by a lower body that would be final if not ap- pealed, such as decisions by the Board of Zoning Adjustments . or the Planning Commission, and is subsequently appealed to the nigher body, the following procedure applies:
(a) If the motion is to sustain the lower body's decision, a majority of those present and voting is sufficient (four (4) attirmative votes not required). It is not necessary to make a motion to overrule. When there is a tie vote, the lower body is sustained. However, if the motion to sustain gets less than a tie vote, a motion to overrule must be made.
(b) If the motion is to overrule the decision of the lower body, four (4) affirmative votes are required. If there are less than four (4) affirmative votes, the decision of the lower body ratned and no is deemed sustained and no further vote is required.
(c) If a motion is made to modify the decision of the
lower body, two separate steps must be taken:
(1) First, the motion to modify requires four (4)
affirmative votes.
(2) Second, if the motion to modify is adopted, a
motion to sustain the decision of the lower body as
modified requires the same vote as the motion to sustain. (3) A motion to overrule the decision of the lower
body, as modified, requires four (4) affirmative votes.
If there are less than four (4) affirmative votes, the de- cision of the lower body, as modified, is deemed sustained without further vote.
If a motion to modify fails, the next motion
is either to sustain or to overrule the subordinate body.
1.04.25 Appointments to boards and commissions. When a
vacancy occurs for any reason on any board or agency over which Council has power to fil1 by appointment, the following pro- cedure shall be followed to fill such vacancy:
At the first Council meeting following the notifica-
tion the Council of such vacancy, public announcement shall
11. -
be made of said vacancy and a request made for any interested persons to submit a resume of their qualifications to the Council prior to the next regular meeting of the Council. (b) The Council shall, as soon as is reasonably pos-
sible, fill any such vacancies but nothing herein shall be construed to limit its choice to a person who has submitted an application, as outlined above.
(c) Interviews of candidates for positions on boards or comissions shall be held in public at regular or adjourned regular meetings of the City Council. A list of uniform ques- tions developed by the appropriate department will be asked of each applicant to be interviewed. Applicants will be rated on a numerical scale which will be made public.
Chapter 1.05
ROLE OF THE CITY ADMINISTRATOR
1.05.01 Appointment and removal. The City Administrator is the chief administrative officer in the city. He shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council. He shall not be removed from office • during or within any ninety (90) day period following any municipal election when a councilperson is elected. He may be removed only at a regular meeting by majority vote and thirty (30) days prior to termination, he must be given notice of intent to re- move and, if requested, the reasons therefor. Within seven (7) days after receipt of such notice, the City Administrator may request a public hearing before the City Council within the thirty (30) day period before his removal. The City Council may suspend him but his compensation will continue until re- moval. The City Council has-uncontrolled discretion regarding such removal. (Charter $8600, 606)
1.05.02 Compensation and residence. Although the City
Administrator need not reside in Huntington Beach upon appoint- ment, he must take up residence in the city within ninety (90) days unless that period is extended by the City Council. The City Council shall set the salary of the City Administrator by ordinance or resolution and shall set the form and amount of done route or the City Am i Reco the corporate
(Charter $$601, 603)
1.05.03 Duties. The City Administrator shall be respon- Sible to the City Council for the proper administration of all
12. affairs of the city. His duties include, but are not limited to:
appointment, promotion, demotion, suspension and removal of all employees and department heads except where this function is vested in the City Council. Appointment or removal of a depart- ment head requires City Council approval. The City Administrator shall prepare and submit to the City Council the city budget, an annual or more frequent report on city finances and a report administrative activities. He shall keep the City
Council informed of the financial condition and future needs of the city and make appropriate recommendations. He shall establish a centralized purchasing system and prepare rules and regulations regarding contracting, purchasing, and at- tendant controls for City Council approval and adoption by He shall supervise the enforcement of the law of
the state, city ordinances, charter provisions, franchises and rights of the city. He shall, subject to policy estab- lished by the City Council, exercise control over all adminis- trative offices and departments, all appointive officers and employees not appointed directly by the City Council, and pre- scribe general rules and regulations for the conduct of such offices and departments. He shall perform such other duties «tor as may be requed by che consistent with the city Charter as may be required by the
1.05.04 Meetings. The City Administrator shall be ac-
corded a seat without a vote at all meetings of the City Council and all boards and commissions except where his re- moval is under consideration. (Charter $605)
1.05.05 Noninterference with administrative service.
Except for the purpose of inquiry, no member of the city Council shall deal with the administrative service under the control of the City Administrator except through the City Administrator.
No member of the City Council shall give orders to a
subordinate of the City Administrator either publicly or pri- vately and except as otherwise provided in the city Charter, no member of the City Council shall order the appointment or removal of any person to any office or employment with the city. (Charter $607)
1.05.06 Acting city administrator. The City Administrator may appoint subject to City Council approval, any oilicer or department head to serve in his absence as acting city adminis- trator. If he fails to do so, the City Council may make such appointment. (Charter $608)
13. -
Chapter 1.06
ROLE OF THE CITY ATTORNEY
1.06.01 Term. The City Attorney is the attorney for
the municipal corporation known as the City of Huntington Beach. He shall be elected from the city at large, as pro- vided by the city Charter, and shall serve for a term of four (4) years and until his successor qualifies. (Charter $500)
1.06.02 Powers and duties. The City Attorney's duties
include, but are not limited to: representing and advising the City Council in all matters of law-pertaining to their offices. He shall prosecute on behalf of the people all criminal matters arising from violations of ordinance or Charter provisions or state law misdemeanors within the city's power to prosecute unless otherwise provided by the City Council. He shall represent and • appear for the city in all actions or proceedings in which the city is concerned or is party, and shall appear on behalf of any present or former employees in any action or proceeding arising out of
their employment or by reason of their official capacities.
He shall attend all regular meetings of the City Council unless excused, and act as parliamentarian, and his decision rendered with respect to parliamentary procedures, shall be He shall give his advice or opinion orally or in
writing whenever requested to do so by the City Council or any of the boards or officers of the city. He shall approve as to form all contracts made by and all bonds and insurance given to the city, and prepare all ordinances, resolutions He shall devote such time to his
duties and at such place as the City Council directs by vote of that body, and perform such legal functions and duties in- cident to the exercise of the foregoing powers as may be nec- essary. He shall surrender to his successor all files, books and documents pertaining to city affairs.
The City Council shall control all legal business, pro- ceedings and all property of the legal department, and may employ other attorneys to take charge of or contract for Prosecutions, Iltigation or other legal matters. (Charter
1.06.03 Requests for ordinances and resolutions. All
requests of the City Attorney's office by members of the City Council for preparation of ordinances and resolutions should be by minute action of the Council.
14. Chapter 1.07
ROLE OF THE CITY TREASURER
1.07.01 Term. The City Treasurer Is the custodian of
public funds of the City of Huntington Beach. He shall be elected from the city at large, as provided in the city Charter, and shall serve 'for a term of four (4) years and until his successor qualifies. (Charter $500)
1.07.02 Powers and duties. The City Treasurer shall
have the power and shall be required to receive on behalf of the city all taxes, assessments, license fees and other revenues of the city, or for which the city is responsible.
He shall receive all taxes or other money receivable by the city from the county, state, Federal government or any court or other department, office or agency of the city. He shall have control of all funds coming into his hands and deposit them in such depository as the City Council designates by resolution or, If none is fixed, as the City Administrator directs: The City Treasurer shall act in. compliance with the state Constitution and law in handling, depositing and securing the public funds. He shall pay out proper orders or warrants as provided in the city Charter, prepare and submit to the Finance Director monthly reports of all re- ceipts, disbursements and fund balances with a copy to the City Administrator. He shall perform such other duties con- sistent with the city Charter as the City Council directs by ordinance or resolution, and appoint such deputies at such salaries as the City Council may prescribe by ordinance or resolution. (Charter $705)
Chapter 1.08
ROLE OF THE CITY CLERK
1.08.01 Term. The City Clerk is the official recorder
and keeper of the records of the City of Huntington Beach. He shall be elected from the city at large as provided in the city Charter, and shall serve for a term of four (4) years and until his successor qualifies. (Charter $500)
1.08.02 Powers and duties. The Clerk's duties Include
but are not limited to: attending all meetings of the City Council unless excused, and keeping a full and true record of such proceedings. Recording and maintaining all ordinances, resolutions, written contracts and official bonds. Keeping all books and records properly indexed and open to public inspection.
15. The Clerk shall be the custodian of the city seal, and ad- minister oaths, affirmations, take affidavits and depositions pertaining to city affairs and certify copies of official records. The Clerk shall be ex officio assessor unless the City Council by ordinance provides otherwise. The City Clerk shall have charge of all city elections and shall canvass the votes after all general or special municipal elections and re- port the results to the City Council for certification. (Resolution No. 2967, 21 April 69) The City Clerk shall is- sue subpoenas on behalf of the city upon the request of an authorized person with the approval of the City Attorney. (Resolution No. 3393, 15 'Nov 71). The City Clerk shall accept and consent to deeds and grants of real property to the city for public purposes. (Resolution No. 3537, 7 Aug 72). The City Clerk may, with the consent of the City Council, appoint such deputies at such salaries as the City Council may pre- scribe by ordinance or resolution, and perform such other duties, consistent with the city Charter as the City Council may require by ordinance or resolution. (Charter S704)
16. TABLE OR CONTENTS TO
APPENDIX TO COUNCIL MANUAL
TITLE PAGE NO.
Resolution No. 4311, Budget Control 1
Motion to Reconsider 5
Removal of Members of Boards and Commissions 7
Expiration of Terms of Members, of the Recreation and
Parks Commission 9
City Attorney Opinion No. 73-42 10
Parliamentary Procedure--Script for Mayor 12
Ralph M. Brown Act 15
City Reimbursement for Expenses of Councilperson's
Spouse, Memo 39
NIMLO Letter Re City Reimbursement for Expenses of
Councilperson's Spouse 40
City Council/Department Head Retreat--Brown Act,
City Attorney Opinion No. 76-40 42
Procedure for Handling Executive Sessions of City
Council, Letter 48
Resolution No. 4283, Conflict of Interest Code 50