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® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
REPORT ❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: City Attorney Item No: D1
Prepared by: Walter Chung, City Attorney Meeting Date: August 30, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Discussion SUBJECT: CITY MANAGER HIRING OF DEPARTMENT HEADS
RECOMMENDATION: Discuss a change to the hiring of City department heads, and consider adoption of City Council Ordinance No. 2022- , amending Chapter 2.20 of the Vista Municipal Code Regarding City Manager and Department Heads.
COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On August 22, 1983, adopted City Council Ordinance No. 83-46, amending the code of the City of Vista, California, relating to City Manager Residency Requirements (Vote: 4-0, McClellan absent).
On August 18, 1969, adopted City Council Ordinance No. 69-47, amending Chapter 2, Article III of the Vista City Code (Vote: 3-2, Tanner and Smith opposed).
On October 4, 1966, adopted City Council Ordinance No. 66-28, adopting a revision and codification of the ordinances of the City of Vista entitled "The Code of the City of Vista, California," providing for the repeal of certain ordinances not included therein with certain exceptions, and for other purposes hereinafter set out (Vote: 4-0, Cunningham absent).
STATEMENT ON THE SUBJECT: Councilmember Green requested the City Manager place a discussion item on a City Council special meeting agenda to discuss a change to the hiring of City department heads. Currently, pursuant to Vista Municipal Code (VMC) section 2.20.030(B), the City Council has delegated to the City Manager the full authority to hire City department heads. If the City Council wishes to change the hiring process of department heads, a change to VMC section 2.20.030(B) is required. Attached as Exhibit 1 is updated language to VMC section 2.20.030(B).
FISCAL IMPACT: There is no direct fiscal impact associated with this discussion item.
EXHIBITS:
1. City Council Ordinance No. 2022- , amending Chapter 2.20 of the Vista Municipal Code Regarding City Manager and Department Heads
2. Redline of Vista Municipal Code Chapter 2.20
ACTION: Discussed above recommendation, introduced City Council Ordinance No. 2022-15. Vote: 3-2 (Ritter and Franklin opposed)
Clerk/Se retary
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ORDINANCE 2022-
AN ORDINANCE OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 2.20 OF THE VISTA MUNICIPAL CODE REGARDING
CITY MANAGER AND DEPARTMENT HEADS
A. The City Council wishes to collaborate with the City Manager in the recruiting and hiring of department heads.
NOW THEREFORE, pursuant to its authority under Article 11, Section 7 of the California Constitution, the City Council of the Chartered City of Vista does ordain as follows:
SECTION 1. Chapter 2.20 is amended to the Vista Municipal Code to read as follows:
"Chapter 2.20
City Manager
Sections:
2.20.010 Office Established
2.20.020 Administrative and Enforcement Powers
2.20.030 Powers and Duties
2.20.040 Additional Powers and Duties
2.20.050 Eligibility for Office - Bond -Acting City Manager
2.20.060 Removal from Office - Conditions
2.20.070 Compensation - Reimbursement of Expenses
2.20.080 Vesting of Authority to Appoint the City Clerk Section 2.20.010 Office Established
The Office of the City Manager is established.
(Prior Code 2-18(A); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.020 Administrative and Enforcement Powers The City Manager shall be the Chief Executive and Administrative Officer of the City government, and shall enforce the laws of the City and require the faithful performance of all administrative duties.
(Prior Code 2-18(B.1); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.030 Powers and Duties
A. General Duties. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In 001087281 1
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addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set out in the following subsections.
B. Authority to Appoint and Remove Employees. The City Manager shall appoint competent, qualified officers and employees to the administrative service and shall have the power to dismiss, suspend and discipline all officers and employees in the administrative service under his control. Notwithstanding sections
2.24.020, 2.28.010, 2.30.010, 2.36.010, 2.40.030 or any other similar provision, with regard to hiring department heads, the City Manager shall make said appointments in consultation and agreement with a majority of the City Council. He shall also have the power to authorize a department head or officer responsible to him to appoint and remove subordinates serving under that department head or officer.
C. Appointments to Acting Capacity. The City Manager shall designate himself or some other officer or employee to perform the duties of any officer or position in the administrative service under his control which is vacant or which lacks administration due to the absence or disability of the incumbent.
D. Annual Report. The City Manager shall prepare and present to the City Council an annual report of the City's affairs, including a summary of reports of department heads, and such other reports as the City Council shall require.
E. Budget Report. The City Manager shall assemble estimates of the financial needs and resources of the City for each ensuing year, and shall prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and analyses.
F. Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry. Should any Council Member make an inquiry, it shall be for the purpose of compiling facts and data for possible future action by the City Council. In no event shall action be taken after completion of the inquiry without City Council approval. The City Manager shall take his orders and instructions from the City Council as a body, and no individual Council Member shall give any orders or instructions to the City Manager or his subordinates. Once decisions have been made by the City Council as a body, it shall be final and conclusive. Further reference to any such decision of the City Council shall not be made by the City Manager except to the City Council as a whole.
G. Enforcement of Laws. The City Manager shall see that the laws of the State pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, contracts, permits and privileges granted by the City are faithfully observed.
H. Attendance of Meetings. The City Manager shall attend all meetings of the City Council unless excused therefrom by the City Council, except when his removal is under consideration by the City Council.
I. Recommendations to City Council. The City Manager shall recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. The City Manager shall keep the City Council at all times fully advised as to the financial conditions and needs of the City. The City Manager shall make such other reports and recommendations as may be desirable or as requested by the City Council.
J. Purchases. The City Manager shall purchase, or cause to be purchased by some officer designated by him, all supplies and equipment for all of the departments or divisions of the City. All purchases and expenditures for purchases shall be made in accordance with procedures established by ordinance. 001087281 2
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K. Service in Other City Offices. The City Manager shall serve in any appointed office within the City government to which he may be qualified when appointed thereto by the City Council, and to hold and perform duties thereof at the pleasure of the City Council.
L. Miscellaneous Duties. The City Manager shall perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the City Council. (Prior Code 2-18(B.1); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.040 Additional Powers and Duties
A. Prescribe Rules. The City Manager shall have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative agencies subject to his authority; and he shall have the power to revoke, suspend or amend any rule or regulation of the administrative service by whomever prescribed.
B. Investigate. The City Manager shall have the power, either by himself or by any officer or person designated for the purpose by him, to investigate and to examine or inquire into the affairs or operation of any department, division, bureau or office; and when so authorized by the City Council, he shall have power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries.
C. Overrule Officials. The City Manager shall have the power to set aside any action taken by a department head and may supersede him in the functions of his office.
D. Delegate Duties. The City Manager shall have the power to direct any department, division or bureau to perform the work for any other department, division or bureau.
E. Appoint Administrative Committees. The City Manager shall have the power to designate from the administrative service such committees and the officers thereof as he shall find necessary for the proper consideration of administrative problems. Such committees shall meet at the request of the administrator and shall make such recommendation on matters referred to them as they find necessary for the best interests of the City.
F. Appear before City Council. The City Manager shall have the power to appear before and address the City Council at any meeting. (Prior Code 2-18(B.2); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.050 Eligibility for Office - Bond -Acting City Manager A. Eligibility. No person elected as a Council Member of the City shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such Council Member shall have ceased to be a Member of the City Council.
B. Bond Required. The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the City Council and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the City.
C. Acting City Manager. The City Manager shall designate an officer of the City to serve as acting City Manager during any temporary absence or disability 001087281 3
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of the City Manager. In the event or failure to make such designation, the City Council may appoint an officer to perform the duties of the City Manager during the period of absence or disability of the City Manager.
(Prior Code 2-18(B.3); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.060 Removal from Office -Conditions
A. Vote Required. The removal of the City Manager shall be only upon a three member vote of the whole City Council in the City in regular Council meeting, subject, however, to the provisions of the following subsections. In case of his intended removal by the City Council, the City Manager shall be furnished with a written notice stating the City Council's intention to remove him. The effective date of his removal shall be shown upon the written notice.
B. Request for Hearing. Within seven days after the delivery to the City Manager of such notice, he may, by written notification to the City Clerk, request a hearing before the City Council. Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, at which the City Manager shall appear and be heard.
C. Discretion of City Council. In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to the City Council his grounds of opposition to his removal.
D. Limitations.
1. Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 days succeeding any general municipal election held in the City at which election 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 his office.
2. After the expiration of the 90-day period mentioned in Paragraph 1 of this subsection, the provisions of the preceding subsection as to the removal of the City Manager shall apply and be effective, except where the City Manager is accused of committing acts of moral turpitude or of a violation of any law which would bring disrepute upon his office or has committed any acts of dishonesty, the City Council may forthwith discharge the City Manager upon a majority vote of the City Council without a hearing.
(Prior Code 2-18(B.4); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.070 Compensation - Reimbursement of Expenses A. The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and said compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate.
B. The City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under direction of the City Council.
Reimbursement shall only be made, however, when an itemized claim, setting forth the sums expended and for which reimbursement is requested, has been presented 001087281 4
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to the City Council for approval.
(Prior Code 2-18(B.5); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83)
Section 2.20.080 Vesting of Authority to Appoint the City Clerk Notwithstanding any other provision of this code to the contrary, pursuant to Section 36510 of the California Government Code, the City Council vests in the City Manager the authority to appoint the City Clerk. Such authority shall be broadly construed to include, with respect to the City Clerk, all the authority granted to the City Manager within this chapter.
(Prior Code 2-19; Ord. No. 69-47, Amended 8/18/69; Ord. No. 71-29, Amended 10/12/71; Ord. No. 73-47, Amended 11/26/73; Ord. No. 2003-21, Amended, 08/26/03)" SECTION 2. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.
SECTION 3. This ordinance shall be fully effective and in force on the thirty-first
(31 st) day following the date of its adoption.
INTRODUCED AND ADOPTED at a meeting of the City Council held on August , 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20220825110931
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Chapter 2.20
City Manager
Sections:
2.20.010 Office Established
2.20.020 Administrative and Enforcement Powers
2.20.030 Powers and Duties
2.20.040 Additional Powers and Duties
2.20.050 Eligibility for Office - Bond -Acting City Manager
2.20.060 Removal from Office - Conditions
2.20.070 Compensation - Reimbursement of Expenses
2.20.080 Vesting of Authority to Appoint the City Clerk Section 2.20.010 Office Established
The Office of the City Manager is established.
(Prior Code 2-18(A); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.020 Administrative and Enforcement Powers The City Manager shall be the Chief Executive and Administrative Officer of the City government, and shall enforce the laws of the City and require the faithful performance of all administrative duties.
(Prior Code 2-18(B.1); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.030 Powers and Duties
A. General Duties. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set out in the following subsections.
B. Authority to Appoint and Remove Employees. The City Manager shall appoint competent, qualified officers and employees to the administrative service and shall have the power to dismiss, suspend and discipline all officers and employees in the administrative service under his control. Notwithstanding sections 2.24.020, 2.28.010, 2.30.010, 2.36.010, 2.40.030 or any other similar provision, with regard to hiring department heads, the City Manager shall make said appointments in consultation and agreement with a majority of the City Council. He shall also have the power to authorize a department head or officer responsible to him to appoint and remove subordinates serving under that department head or officer.
C. Appointments to Acting Capacity. The City Manager shall designate himself or some other officer or employee to perform the duties of any officer or position in the administrative service under his control which is vacant, or which lacks administration due to the absence or disability of the incumbent.
D. Annual Report. The City Manager shall prepare and present to the City Council an annual report of the City's affairs, including a summary of reports of department heads, and such other reports as the City Council shall require.
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E. Budget Report. The City Manager shall assemble estimates of the financial needs and resources of the City for each ensuing year, and shall prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and analyses.
F. Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry. Should any Council Member make an inquiry, it shall be for the purpose of compiling facts and data for possible future action by the City Council. In no event shall action be taken after completion of the inquiry without City Council approval. The City Manager shall take his orders and instructions from the City Council as a body, and no individual Council Member shall give any orders or instructions to the City Manager or his subordinates. Once decisions have been made by the City Council as a body, it shall be final and conclusive. Further reference to any such decision of the City Council shall not be made by the City Manager except to the City Council as a whole.
G. Enforcement of Laws. The City Manager shall see that the laws of the State pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, contracts, permits and privileges granted by the City are faithfully observed.
H. Attendance of Meetings. The City Manager shall attend all meetings of the City Council unless excused therefrom by the City Council, except when his removal is under consideration by the City Council.
I. Recommendations to City Council. The City Manager shall recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. The City Manager shall keep the City Council at all times fully advised as to the financial conditions and needs of the City. The City Manager shall make such other reports and recommendations as may be desirable or as requested by the City Council.
J. Purchases. The City Manager shall purchase, or cause to be purchased by some officer designated by him, all supplies and equipment for all of the departments or divisions of the City. All purchases and expenditures for purchases shall be made in accordance with procedures established by ordinance.
K. Service in Other City Offices. The City Manager shall serve in any appointed office within the City government to which he may be qualified when appointed thereto by the City Council, and to hold and perform duties thereof at the pleasure of the City Council.
L. Miscellaneous Duties. The City Manager shall perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the City Council.
(Prior Code 2-18(B.1); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.040 Additional Powers and Duties
A. Prescribe Rules. The City Manager shall have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative agencies subject to his authority; and he shall have the power to revoke, suspend or amend any rule or regulation of the administrative service by whomever prescribed.
B. Investigate. The City Manager shall have the power, either by himself or by any officer or person designated for the purpose by him, to investigate and to examine or inquire into the affairs or operation of any department, division, bureau or office; and when so authorized by the City Council, he shall have power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries.
C. Overrule Officials. The City Manager shall have the power to set aside any action taken by a department head and may supersede him in the functions of his office. 00108735 1
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D. Delegate Duties. The City Manager shall have the power to direct any department, division or bureau to perform the work for any other department, division or bureau.
E. Appoint Administrative Committees. The City Manager shall have the power to designate from the administrative service such committees and the officers thereof as he shall find necessary for the proper consideration of administrative problems. Such committees shall meet at the request of the administrator and shall make such recommendation on matters referred to them as they find necessary for the best interests of the City.
F. Appear before City Council. The City Manager shall have the power to appear before and address the City Council at any meeting.
(Prior Code 2-18(B.2); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.050 Eligibility for Office - Bond -Acting City Manager A. Eligibility. No person elected as a Council Member of the City shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such Council Member shall have ceased to be a Member of the City Council.
B. Bond Required. The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the City Council and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the City.
C. Acting City Manager. The City Manager shall designate an officer of the City to serve as acting City Manager during any temporary absence or disability of the City Manager. In the event or failure to make such designation, the City Council may appoint an officer to perform the duties of the City Manager during the period of absence or disability of the City Manager. (Prior Code 2-18(B.3); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.060 Removal from Office - Conditions
A. Vote Required. The removal of the City Manager shall be only upon a three member vote of the whole City Council in the City in regular Council meeting, subject, however, to the provisions of the following subsections. In case of his intended removal by the City Council, the City Manager shall be furnished with a written notice stating the City Council's intention to remove him. The effective date of his removal shall be shown upon the written notice.
B. Request for Hearing. Within seven days after the delivery to the City Manager of such notice, he may, by written notification to the City Clerk, request a hearing before the City Council. Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, at which the City Manager shall appear and be heard.
C. Discretion of City Council. In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to the City Council his grounds of opposition to his removal.
D. Limitations.
1. Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 days succeeding any general municipal election held in the City at which election 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 his office.
2. After the expiration of the 90-day period mentioned in Paragraph 1 of this subsection, the provisions of the preceding subsection as to the removal of the City Manager shall apply and be effective, except where the City Manager is accused of committing acts of moral 00108735 1
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turpitude or of a violation of any law which would bring disrepute upon his office or has committed any acts of dishonesty, the City Council may forthwith discharge the City Manager upon a majority vote of the City Council without a hearing.
(Prior Code 2-18(B.4); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.070 Compensation - Reimbursement of Expenses A. The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and said compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate.
B. The City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under direction of the City Council. Reimbursement shall only be made, however, when an itemized claim, setting forth the sums expended and for which reimbursement is requested, has been presented to the City Council for approval.
(Prior Code 2-18(B.5); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.080 Vesting of Authority to Appoint the City Clerk Notwithstanding any other provision of this code to the contrary, pursuant to Section 36510 of the California Government Code, the City Council vests in the City Manager the authority to appoint the City Clerk. Such authority shall be broadly construed to include, with respect to the City Clerk, all the authority granted to the City Manager within this chapter. (Prior Code 2-19; Ord. No. 69-47, Amended 8/18/69; Ord. No. 71-29, Amended 10/12/71; Ord. No. 73-47, Amended 11/26/73; Ord. No. 2003-21, Amended, 08/26/03)
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ADD TO PACKET
From: John Gil
To: Public Comments
Subject: D1 special meeting
Date: Tuesday,August 30,2022 8:25:58 AM
Good morning,
I am writing this morning with great concerns about this special meeting.
I believe that city Council should not have the right to choose and hire who the department heads should be.
I believe that that is exactly what the City manager's job is.He was hired to make these types of Decisions and believe he has done an outstanding job while he's been with the city of vista.
The City Council was elected to speak for residents of the city not hired the workers within it.This is proving to me that City Council is abusing their power and using it for the wrong purposes.
This would be a bad decision for the city.Let the professionals do what they do.And city council start focusing on the real issues to help the city.
Thank you,
John Gil
D1
RECEIVED
Special Meeting 8/30/22 AUG 3,o 2022
CITY CLERK
CITY OF VISTA, CA
I am opposed to the proposed changes to the Vista Municipal Code Chapter 2.20.030(B).
The City Council is the legislative arm of the city and should not be involved in the administrative duties of the City Manager. This proposal could create a lot of instability and favoritism in the hiring of new department heads.
A concerned employee
RECEIVED
August 30, 2022
AUG 3.0 2022
RE: City Manager Hiring of Department Heads CITY CLERK
CITY OF VISTA, CA
To City of Vista City Council Members,
I have been a resident of the City of Vista for most of my life. I have seen our city change over the last 40 years and I am very excited of the direction we are in. I believe this is largely in part of Patrick Johnson, the City Manager, as well as the great leadership that he has been able to cultivate throughout his time in his position and through the individuals he has appointed. I do not agree with reducing his ability to appoint Department Heads. While I am not opposed to having our City Council take more of an active position regarding the hiring process, it is Patrick Johnson that understands the employees within each department's dynamic the best. It is safe to say that when any department loses their Department Head, the city has seen large turnover within that specific department. I am not sure if this potential change is due to us being in the middle of an election year or if there is some other political motive behind this. However, I feel as though a change like this could even negatively affect labor relations in the future. Thus, setting up the city for some difficult times moving forward. Please consider tabling this change and researching what the effects have been in other cities that have also made this move.
Thank you for your time.
Anonymous
RECEIVED
AUG 3-0 2022
Special Meeting August 30, 2022-Public Comment CITY CLERK RE: ❑1 City Manager Hiring of Department Heads CITY OF VISTA, CA Dear Honorable Mayor, Councilman Green and City Council. I am a proud resident of Vista in District 1. 1 am incredibly proud of the development and flourishing of our community over the last decade under current management and council.
I am in opposition to the proposed change to the City of Vista Municipal Code.
Elected representatives should set policy direction for the best interest of the community at large and should not have any influence on the hiring of department heads. This sudden change is not in the best interest of our wonderful City and seems like an overreach of authority, it is clear conflict of interest and is not common practice in local government. There is proven data that advises against this type of city management. Many of the ethical issues that come up between elected officials and staff are best seen through the lens of virtue ethics, especially respect. As our elected officials I urge you to show respect for the expertise of staff and avoid undercutting their efforts by ignoring the evidence-based information that is available. Elected officials are better able to make community value judgements on behalf of residents when there is separation between policy and administration. Please focus on serving our community by focusing on the big picture and council goals. This abrupt change to the municipal code brings up a lot of questions and uncertainty, the community is questioning the integrity of our elected representatives and who's best interest is really being served. "Sometimes being a great leader isn't about winning, sometimes it's about doing what's right, instead of what's powerful"-unknown