2.08.010
Chapter 2.08
ADMINISTRATIVE OFFICER
Sections:
2.08.010 Created.
2.08.015 Applicability of Merit System
Rules and Regulations.
2.08.020 Residence
requirement—Eligibility.
2.08.030 Appointment of substitute in
case of absence.
2.08.040 Removal
2.08.050 Compensation.
2.08.060 Powers and duties.
2.08.070 Association with city council.
2.08.010 Created.
The position of City Administrator is created
and established in the unclassified service of the
City. The City Administrator shall be appointed
by the City Council solely on the basis of his or
her executive and administrative qualifications
and ability and shall hold office at the pleasure of
the City Council, subject to the provisions of this
Chapter. The City Council may enter into an
employment agreement with the City
Administrator which sets forth additional terms
and conditions of employment, provided that any
such employment agreement shall be consistent
with the provisions of this Chapter. (Ord. 81 § 1,
1953; Ord. 802, §1, 2013)
2.08.015 Applicability of Merit System
Rules and Regulations.
It is the intent of the City Council in enacting
this Chapter to exclude the position of City
Administrator from Chapter 9 (Probationary
Status) and Chapter 10 (Disciplinary Proceedings)
of the “City of Ripon Merit System Rules and
Regulations”. The City Council may enter into an
employment agreement with the City
Administrator pursuant to which additional
provisions of the Merit System Rules and
Regulations are made inapplicable to the City
Administrator, and are instead addressed in the
employment agreement. (Ord. 802, §1, 2013)
2.08.020 R e s i d e n c e r e q u i r e m e n t —
Eligibility.
A. The City Administrator shall live within the
boundaries of the Ripon Unified School District
within six (6) months after acceptance of
appointment to the position. Should the City
Administrator desire to move outside of the
boundaries of the Ripon Unified School District
while serving in the position, then, upon the
request of the City Administrator, the City
Council may, in its discretion, approve or deny
such request.
B. No person elected or appointed to
membership on the City Council shall, subsequent
to such election or appointment, be eligible for
appointment as City Administrator of the City
until one (1) year has elapsed after he or she has
ceased to be a member of the City Council. (Ord.
802, §1, 2013)
2.08.030 Appointment of Substitute in Case
of Absence.
In case of the absence or suspension of the
City Administrator, the City Council may
designate another duly qualified person to perform
the duties of the City Administrator. (Ord. 802,
§1, 2013)
2.08.040 Removal.
The City Council shall appoint the City
Administrator for an indefinite term. The City
Administrator may be removed from service in the
following circumstances:
9 (7/13)
Redline Version
2.08.040
A. Resignation. The City Administrator may
resign at any time by providing a thirty (30) day
written notice of his or her resignation to the City
Council.
B. Removal for Cause/Procedure. The City
Council may remove the City Administrator for
cause by a three (3) member vote of the council.
At least thirty (30) days before such removal shall
become effective, the City Council shall by a three
(3) member vote of the City Council adopt a
resolution stating the reasons for the removal.
The resolution shall be published at least two (2)
times in a newspaper of general circulation
printed and published and circulated in the City
prior to the effective date of the resolution
providing for the removal of the City
Administrator. By the resolution, the City
Council in its absolute discretion may suspend the
City Administrator immediately from duty, but
shall, in any case, cause to be paid to him or her
any unpaid balance of his or her salary up to the
date upon which the removal shall become
effective. The City Council’s action to remove
the City Administrator pursuant to this Section
shall be final. For purposes of this Section, “for
cause” shall mean that the City Administrator has:
1. Engaged in willful misconduct, gross
negligence, or repeated failure to satisfactorily
perform his or her job duties, when such conduct
continues for thirty (30) days after the City
Council has provided written notice to the City
Administrator outlining the alleged
deficiency(ies);
2. Engaged in an act constituting fraud against,
theft from or embezzlement from the City; or
3. Been convicted of, or has entered a plea of
nolo contender to, a felony or other crime
involving moral turpitude.
C. Removal Without Cause. The City Council
may remove the City Administrator without cause
(defined to include any circumstance other than
those described in Section 2.08.040(B)) by a four
(4) member vote of the City Council. The City
Administrator shall be paid any unpaid balance of
his or her salary up to the date upon which the
removal shall become effective. The City
Council’s action to remove the City Administrator
pursuant to this Section shall be final.
D. Limitation on Removal After Municipal
Election. Notwithstanding the provisions of this
Section, the City Administrator shall not be
removed from office during or within a period of
ninety (90) days following any general municipal
election held in the City 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
Administrator in the performance of the powers
and duties of his or her office. After the
expiration of the ninety (90) day period, the
remaining provisions of this Section governing
removal of the City Administrator shall apply and
be effective. (Ord. 802, §1, 2013)
2.08.050 Compensation.
A. The City Administrator shall receive such
compensation as the City Council shall from time
to time determine and fix, and the compensation
shall be a proper charge against such funds of the
City as the City Council shall designate.
B. The City Administrator shall be reimbursed
for all sums necessarily incurred or paid by him or
her in the performance of his or her duties, or
incurred when traveling on business pertaining to
the business of the City under direction of the City
Council. (Ord. 802, §1, 2013)
10 (7/13)
Redline Version
2.08.060
2.08.060 Powers and Duties.
The City Administrator shall be the
administrative head of the City government under
the direction and control of the City Council,
except as otherwise provided in this Chapter. The
City Administrator shall be responsible for the
efficient administration of all the affairs of the
City which are under this control. In addition to
general powers as administrative head, and not as
a limitation thereon, it shall be the City
Administrator’s duty and he or she shall have the
power and duty to do the following:
A. See that all laws and ordinances of the City
are duly enforced, and that all franchises, permits
and privileges granted by the City are faithfully
observed.
B. Analyze the functions, duties and activities of
the various departments, divisions and services of
the City government and of all employees thereof
and to make such recommendations to the City
Council with reference thereto as in his or her
judgment will result in the highest degree of
efficiency in the overall operation of the City
government.
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.; subject further, however, at all times to
ratification of any such action by the City
Council. In addition to the elective officers and
their respective staffs, the planning commission,
the personnel board, and the positions of City
Attorney and City Engineer shall be excluded
from the scope of the City Administrator’s
oversight obligations; however, the services and
facilities of the City Engineer, City Attorney, and
the planning commission, and the personnel
board, shall be made available to the City
Administrator;
D. Exercise control over all departments of the
City government and over all appointive officers
and employees thereof, except elective officers
and their respective staffs.
E. Attend all meetings of the City Council unless
excused therefrom by the City Council, except
when his or her removal is under consideration by
the Council.
F. Recommend to the City Council for adoption
such measures and ordinances as he or she deems
necessary or expedient.
G. Keep the City Council at all times fully
advised as to the financial conditions and needs of
the City.
H. Cause to be prepared and submitted to him or
her by each department, division or service of the
City government, itemized annual estimates of
income and expenditures required by any of them
for capital outlay, salaries, wages and
miscellaneous operating costs; to tabulate the
same into a preliminary consolidated municipal
budget and submit the same to the City Council
before the fifteenth day of May of each year with
his or her recommendations as to such changes
which he or she deems advisable.
I. Prepare and to submit to the City Council as
of the end of the fiscal year a complete report on
the finances and administrative activities of the
City for the preceding year, such financial report
not to be confused with the City Clerk's report to
the state controller.
J. Purchase or cause to be purchased all supplies
for all of the departments or divisions of the City.
K. Make investigation into the affairs of the City,
and any department or division thereof, and any
contract, or the proper performance of any
obligations of the City.
L. Investigate all complaints in relation to
matters concerning the administration of the City
government and in regard to the service
maintained by public utilities in the City, and to
11 (7/13)
Redline Version
2.08.060
see that all franchises, permits and privileges
granted by the City are faithfully performed and
observed.
M. Exercise general supervision over all public
buildings, public parks and other public property
which are under the control and jurisdiction of the
City Council.
N. Devote his or her entire time to the duties of
this office and the interest of the City.
O. Provide leadership for civic movements
designed to benefit the residents of the City when
so authorized by the City Council.
P. Supervise in general the operations of all
departments of the City, securing special counsel
as required.
Q. Compile and keep up to date a complete
inventory of all property, real and personal,
owned by the City and to recommend to the City
Council the purchase of new machinery,
equipment and supplies whenever in his or her
judgment the same can be obtained at the best
advantage, taking into consideration trade-in value
of machinery and equipment, etc., in use.
R. Perform such other duties and exercise such
other powers as may be delegated to him or her
from time to time by ordinance or resolution of
the City Council. (Ord. 802, §1, 2013)
2.08.070 Association with City Council.
A. The City Council and its members shall deal
with the administrative services of the City
through the City Administrator, except for the
purpose of inquiry.
B. It is the responsibility of the City Council and
its members to aid and assist in an advisory
capacity, any department head, individually or
collectively, on any phase of policy and/or public
relations, provided, however, that such association
shall not conflict with the administrative duties of
the City Administrator. (Ord. 802, §1, 2013)
12 (7/13)
Redline Version