City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/09/2022
Subject: Chapter 2.08 Administrative Officer
RECOMMENDED ACTION:
This Ordinance amends Chapter 2.08 “Administrative Officer” of the Ripon Municipal Code in order to update the employee oversight obligations of the City Administrator.
BACKGROUND:
The City of Ripon operates under a council-administrator form of government. The elected council members represent the community and establish the policies that steer the direction of the municipal organization. The City Administrator position is appointed by the City Council to oversee the day-to-day business of the City, including the responsibility of overseeing the hiring and termination of employees, subject to the personnel rules and regulations of the City of Ripon.
DISCUSSION/ANALYSIS:
Chapter 2.08.060 of the Ripon Municipal Code was reviewed and the following changes are recommended, for the City Council’s consideration:
1. City Engineer position to be included in the scope of the City Administrator’s oversight obligations.
2. Remove the reference to the City Council ratifying the hiring or termination of employees.
3. Remove the reference to the “personnel board” as this does not exist.
Attached is the redline changes to the Municipal Code of the changes summarized above, labeled, “Chapter 2.08 Administrative Officer – Redline Version”.
Attachments:
1. Chapter 2.08 Administrative Officer - Redline Version ORDINANCE NO. 917
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 2.08 "ADMINISTRATIVE
OFFICER" OF THE RIPON MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:
SECTION 1. AMENDMENT TO CODE. The purpose of this ordinance is to amend Chapter
2.08 “Administrative Officer” of the Ripon Municipal Code.
SECTION 2. AMENDMENT OF CHAPTER. Chapter 2.08.060 of the Ripon Municipal Code is hereby amended to include the position of City Engineer as part of the scope of the City Administrator’s oversight obligations.
Chapter 2.08.060C is hereby amended to read as follows:
2.08.060 Powers and Duties
C. Appoint and remove, subject to any personnel rules and regulations and personnel ordinance of the City, any officers and employees of the City, except the elected officers and their respective staffs. In addition to the elective officers and their respective staffs, the planning commission and the position of City Attorney shall be excluded from the scope of the City Administrator’s oversight obligations; however, the services and facilities of the City Attorney and the planning commission shall be made available to the City Administrator; SECTION 3. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.
SECTION 4. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of August, 2022, by the following vote:
RESULT: FIRST READING [UNANIMOUS] Next: 9/13/2022 6:00 PM MOVER: Michael Restuccia, Vice Mayor
SECONDER:Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
DEAN UECKER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk