Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04
City Council—Meetings
2.08
City Council—Compensation
2.12
City Administrator
2.16
Fire Department
2.18
Finance Department
2.20
Peace Officer Standards and Training
2.24
Emergency Services
2.28
Planning Commission
2.32
Official Bonds
2.36
Personnel System
2.40
Public Employees’ Retirement System
2.44
Weed Redevelopment Agency
2.50
General Municipal Elections
Chapter 2.04
CITY COUNCIL-MEETINGS
Sections:
2.04.010 Regular meetings.
2.04.015
Change in location.
2.04.030 Special.
2.04.040 Public-Exception.
2.04.050 Agenda.
2.04.070 Minutes—Preparation.
2.04.080 Minutes-Reading.
2.04.090 Correspondence—Availability to the public.
2.04.110
Presiding officer—Designated.
2.04.120 Presiding officer—Powers and duties.
2.04.130
Rules of debate.
2.04.140 Entry of statement of councilman into
record.
2.04.150
Rules of order—Designated.
2.04.160
Rules of order—Failure to observe.
2.04.170
Addressing the council.
2.04.180 Protest against council action.
2.04.190
Rules of decorum—Designated.
2.04.200
Rules of decorum—Enforcement.
2.04.210 Motions.
2.04.220 Voting—Procedure.
2.04.230 Voting—Disqualification for conflict of
interest.
2.04.240 Voting—Failure to vote.
2.04.250 Voting-Tie vote.
2.04.260 Voting—Changinq
vote.
2.04.270 Voting—Reconsideration.
2.04.280 Ordinances — Preparation.
2.04.290
Resolutions and contracts—Prior review and comment by
administrative staff.
2.04.300 Reading of ordinances and resolutions.
2.04.010 Regular meetings. The city council shall hold
regular meetings on the second Thursday of each month at the hour of five
thirty p.m. Such meetings may be adjourned from time to time. Meetings shall be
at the city hall unless notice of a different location for the same shall be
stated in the agenda for the meeting, in which case the scheduling of regular
meetings may be changed by resolution of the city council.
2.04.015 Change in location.
If, after the agenda for a regular or special city council meeting has been
posted, in the opinion of the fire chief, or in his absence the city building
inspector, a meeting cannot be held, or cannot continue, in the planned
location for reasons of public safety, it may be changed to any other location
within the city. In such instance, the meeting shall commence not less than
fifteen minutes later, or it shall be adjourned for said period if it has
already commenced.
2.04.030 Special. Special meetings may be
called at any time by the mayor, or by a majority of the members of the city
council, by delivering personally or by mail written notice of each councilman
and to each local newspaper of general circulation, radio or television station
requesting notice in writing. Such notice must be delivered personally or by
mail at least twenty-four hours before the time of such meeting as specified in
the notice. The call and notice shall specify the time and place of the special
meeting and the business to be transacted. No other business shall be
considered at such meetings. Such written notice may be dispensed with for any
councilman who, at or prior to the time the meeting convenes, files with the
city clerk a written waiver of notice. Such waiver may be given by telegram.
Such written notice may also be dispensed with for any councilman who is
actually present at the meeting at the time it convenes.
2.04.040 Public--Exception. All regular and special
meetings of the city council shall be public; provided, however, the city
council may hold executive sessions during a regular or special meeting, from
which the public may be excluded, for the purpose of considering the matters
referred to in Section 54957 of the Government Code of the state.
No member of the city council, employee of the city, or any other person present during an executive session of the council shall disclose to any person the content or substance of any discussions which took place during said executive sessions unless the city council authorizes the disclosure of such information by majority vote.
2.04.050 Agenda. All reports, communications, ordinances,
resolutions, contract documents or other matters to be submitted to the city
council at a regular meeting shall be delivered to the city clerk no later than
twelve noon on the Tuesday preceding the meeting. The city clerk shall prepare
the agenda of all such matters. The agenda shall be delivered to the councilmen
on the Wednesday preceding the Thursday council meeting to which it pertains
and shall be made available to the public no later than eight thirty a.m. on
the day of the meeting.
2.04.070 Minutes--Preparation. The city clerk shall have
exclusive responsibility for preparation of the minutes, and any directions for
changes in the minutes shall be made only by a majority action of the city
council.
2.04.080 Minutes--Reading. Unless the reading of the
minutes of a council meeting is ordered by a majority vote of the council, such
minutes may be approved without reading if the city clerk has previously
furnished each councilman with a copy.
2.04.090 Correspondence--Availability to the public. Correspondence addressed to
the city council which is received by the city clerk or any other officer or
employee of the city shall not become a public record until received and filed
by the council at a regular, special or adjourned meeting of the council.
Correspondence received in the city clerk’s office or other officers after
twelve noon on the Tuesday preceding a regular council meeting shall not be
placed on the agenda unless it concerns a matter to be considered by the
council at the next regular meeting or is determined by the mayor or the city
clerk to be an urgent matter which should be brought to the immediate attention
of the council. Correspondence shall not be read aloud at a council meeting
unless requested by a majority vote of the council.
2.04.110 Presiding officer--Designated. A. The mayor
shall be the presiding officer at all meetings of the city council. In the
absence of the mayor, the mayor pro tempore shall preside. In the absence of
both the mayor and the mayor pro tempore, the city clerk shall call the council
to order, whereupon a temporary presiding officer shall be elected by the
councilmen present to serve until the arrival of the mayor or the mayor pro
tempore or until adjournment.
B. Wherever in this chapter
“mayor” is used, it shall apply equally to the presiding officer as defined in
this section.
2.04.120 Presiding
officer——powers and duties. The presiding officer of the city council shall
have the following powers and duties:
A. Participation. The
presiding officer may move, second, debate and vote from the chair.
B. Seating Arrangement for
City Council. The mayor, following each councilmanic
election and at such other time as he may deem it necessary, shall establish
the seating arrangement of the members of the council. The mayor pro tempore
shall always be seated immediately next to the mayor.
C. Questions to be Stated. The presiding officer, or such member of the city
staff as he may designate, shall verbally restate each question immediately
prior to calling for the vote. Following the vote, the city clerk shall
announce whether the question carried or was defeated. The presiding officer,
in his discretion, may publicly explain the effect of a vote for the audience,
or he may direct a member of the city staff to do so, before proceeding to the
next item of business.
D. Signing of Documents. The
presiding officer shall sign all ordinances, resolutions, contracts and other
documents necessitating his signature which were adopted in his presence,
unless he is unavailable, in which case the signature of an alternate presiding
officer may be used.
E. Sworn Testimony. The
presiding officer may require any person addressing the city council to be
sworn as a witness and to testify under oath, and the presiding officer shall
so require if directed to do so by a majority vote of the council.
2.04.130 Rules of debate. A.
Getting the Floor. Every councilman desiring to speak shall first address the
chair and gain recognition by the presiding officer, and shall confine himself
to the question under debate, avoiding personalities and indecorous language.
B.
Questions to Staff. Every councilman desiring to question the city staff, after
recognition by the presiding officer, shall address his questions to the city
clerk, or the city attorney, who shall be entitled either to answer the inquiry
himself or to designate a member of his staff for that purpose.
C.
Interruptions. A councilman, once recognized, shall not be interrupted when
speaking unless called to order by the presiding officer, unless a point of
order or personal privilege is raised by another councilman, or unless the
speaker chooses to yield to a question by another councilman. If a councilman,
while speaking, is called to order, he shall cease speaking until the question
of order is determined and, if determined to be in order, he may proceed.
Members of the city staff, after recognition by the presiding officer, shall
hold the floor until completion of their remarks or until recognition is
withdrawn by the presiding officer.
D. Points of Order. The
presiding officer shall determine all points of order subject to the right of
any councilman to appeal to the council. If an appeal is taken, the question
shall be, “Shall the decision of the presiding officer be sustained?” A
majority vote shall conclusively determine such question of order.
E. Point of Personal
Privilege. The right of a councilman to address the council on a question of
personal privilege shall be limited to cases in which his integrity, character
or motives are questioned or where the welfare of the council is concerned. A
councilman raising a point of personal privilege may interrupt another
councilman who has the floor only if the presiding officer recognizes the
privilege.
F. Privilege of Closing Debate.
The councilman moving the adoption of an ordinance, resolution or motion shall
have the privilege of closing debate.
G.
Limitation of Debate. No councilman shall be allowed to speak more than once
upon any particular subject until every other councilman desiring to do so has
spoken.
2.04.140 Entry of statement of
councilman into record. A councilman may request through the presiding
officer the privilege of having an abstract of his statement on any subject
under consideration by the council entered in the minutes. If the council
consents thereto, such statement shall be entered in the minutes.
2.04.150 Rules of
order——Designated. Except as provided in this code, the city Charter, other
rules adopted by the city council, or applicable provisions of state law, the
procedures of the council shall be governed by the latest revised edition of
Robert’s Rules of Order.
2.04.160 Rules
of order——Failure to observe. Rules adopted to expedite the transaction of the
business of the council in an orderly fashion are deemed to be procedural only
and the failure to strictly observe such rules shall not affect the
jurisdiction of the council or invalidate any action taken at a meeting that
is otherwise held in conformity with law.
2.04.170 Addressing
the council. A. Each person desiring to address the council shall stand,
state his name and address for the record, state the subject he wishes to
discuss, state whom he is representing if he
represents an organization or other persons, and, unless further time is
granted by majority vote of the council, shall limit his remarks to five
minutes. All remarks shall be addressed to the council as a whole and not to
any member thereof. No question shall be asked a councilman or a member of the
city staff without the permission of the presiding officer.
B. In order to expedite
matters and to avoid repetitious presentations, whenever a group of persons
wishes to address the council on the same subject matter, it shall be proper
for the presiding officer to request that a spokesman be chosen by the group to
address the council and, in case additional matters are to be presented by any
other member of said group, to limit the number of such persons addressing the
council.
C. After a motion has been
made or a public hearing has been closed, no member of the public shall address
the council from the audience on the matter under consideration without first
securing permission to do so by a majority vote of the city council.
2.04.180 Protest against council
action.
Any councilman shall have the right to have the reasons for his dissent from,
or his protest against, any action of the council entered in the minutes. Such
dissent or protest to be entered in the minutes shall be made in the following
manner: “I would like the minutes to show that I am opposed to this action for
the following reasons . . . .” The councilman shall approve the form and
contents of the abstract as he intends to record it before it is made a part of
the record.
2.04.190 Rules of
decorum——Designated. A. Councilmen. While the city council is in session,
the members must preserve order and decorum, and a member shall neither, by
conversation or otherwise, delay or interrupt the proceedings or the peace of
the council nor disturb any member while speaking or refuse to obey the orders
of the presiding officer. Members of the council shall not leave their seats
during a meeting without first obtaining the permission of the presiding
officer.
B. Employees. Members of the
city staff and employees shall observe the same rules of order and decorum as
are applicable to the city council, with the exception that members of the city
staff may leave their seats during a meeting without first obtaining the
permission of the presiding officer.
C. Persons Addressing the Council. Any person making
impertinent, slanderous or profane remarks, or who becomes boisterous while addressing the council, shall be
called to order by the presiding officer, and, if such conduct continues, may
at the discretion of the presiding officer be ordered barred from further
audience before the council during that meeting.
D.
Members of the Audience. Any person in the audience who engages in disorderly
conduct such as hand clapping, stamping of feet, whistling, using profane
language, yelling and similar demonstrations, which conduct disturbs the peace
and good order of the meeting, or who refuses to comply with the lawful orders
of the presiding officer, shall be guilty of a misdemeanor and, upon
instructions from the presiding officer, it shall be the duty of the
sergeant—at—arms to remove any such person from the council chamber and to
place him under arrest.
2.04.200 Rules of
decorum--Enforcement. The chief of police, or such member or members of the
police department as he may designate, shall be sergeant-at-arms of the city
council and shall carry out all orders given by the presiding officer for the
purpose of maintaining order and decorum at the council meetings. Any council
member may move to require the presiding officer to enforce the rules and the
affirmative vote of a majority of the council shall required him to do so.
2.04.210 Motions. A motion by any member of
the council, including the presiding officer, may be considered by the council
after receiving a second.
2.04.220 Voting--Procedure.
Any vote of the council, including a roll call vote, may be registered by the
members by answering “yes” for an affirmative vote or “no” for a negative vote,
upon his name being called by the city clerk.
2.04.230 Voting--Disqualification for conflict of
interest.
Any council member who is disqualified from voting on a particular matter by
reason of a conflict of interest shall publicly state or have the presiding
officer state the nature of such disqualification in open meeting. Where no
clearly disqualifying conflict of interest appears, the matter of
disqualification may, at the request of the council member affected, be decided
by the other council members. A council member who is disqualified by reason of
a conflict of interest in any matter shall not remain in his seat during the
debate and vote on such matter, but shall request and be given the permission
of the presiding officer to step down from the council table. A council member
stating such disqualification shall not be counted as a part of a quorum and
shall be considered absent for the purpose of determining the outcome of any
vote on such matter.
2.04.240 voting--Failure to vote.
Every council member shall vote unless disqualified by reason of a conflict of
interest.
2.04.250 Voting-—Tie vote.
Tie votes shall be lost motions and may be reconsidered.
2.04.260 Voting--Changing vote. A member may change his
vote only if he makes a timely request to do so immediately following the
announcement of the vote by the city clerk and prior to the time that the next
item in the order of business as taken up.
2.04.270 Voting--Reconsideration.
A motion to reconsider any action taken by the council may be only on the day
such action was taken. It may be either immediately during the same session, or
at a recessed or adjourned session thereof. Such motion may be made only by one
of the council members who voted with the prevailing side. Nothing in this
section shall be construed to prevent any council member from making or
remaking the same or any other motion at a subsequent meeting of the council.
2.04.280 Ordinances--Preparation. A. All ordinances shall be
prepared by the city attorney or acting city attorney, or submitted to him/her
for approval as to form and legality prior to adoption. No ordinance shall be
prepared by the city attorney unless a request is made by at least two council
members, the mayor or the city administrator, but the city attorney may prepare
an ordinance on his/her own initiative.
B.
All ordinances, prior to adoption by the city council, shall be examined by the
city administrator who shall submit comments with respect to the administration
of the ordinance, either in person, in writing or by his/her authorized
representative, but the failure of the city administrator to submit timely
comments shall not affect the legal ability of the city council to adopt any
such ordinance.
2.04.290 Resolutions and contracts--Prior review and
comment by administrative staff. All resolutions and contract documents, prior to
approval by the city council, shall be approved as to form and legality by the
city attorney or acting city attorney. All resolutions and contract documents
presented to the city council shall, prior to approval, be examined by the city
administrator who shall submit comments with respect to their administration,
either in person, in writing, or by his/her authorized representative, but the
failure of the city administrator to submit timely comments shall not affect
the legal ability of the city council to adopt any such resolution or contract.
2.04.300 Reading of ordinances
and resolutions. At the time of adoption of an ordinance or a resolution, it
shall be read in full unless, after the reading of the title thereof, the
further reading thereof is waived by regular motion adopted by the unanimous
vote of the councilmen present. Urgency ordinances must be read in full and may
not be passed otherwise than by a four—fifths vote of the city council in favor
of the passage.
Chapter 2.08
CITY COUNCIL——COMPENSATION
Sections:
2.08.010 Authority.
2.08.020 Population.
2.08.030 Salaries
designated——payment
2.08.031 Suspension of
payment of salaries.
2.08.040 Salaries exclusive
of reimbursement.
2.08.050 Operative date of
salaries.
2.08.010 Authority. This chapter is enacted
pursuant to Section 36516 of the Government Code, as added by Chapter 286 of
the Statutes of 1965, as amended, authorizing the city council to provide by
ordinance that each member of the council shall receive a prescribed salary,
the amount of which is not to exceed the amount based upon the population of
the city as determined by the estimates made by the State Department of
Finance.
2.08.020 Population. As of April 1, 1970, the
latest estimate of population of the city made by the Department of Finance is
two thousand nine hundred eighty—three.
2.08.030 Salaries
designated——payment. Each member of the city council shall receive, subject
to the limitations set forth in Section 2.08.040, as a salary, up to and
including the amount prescribed in Section 36516 of the California Government
Code which shall be payable upon effective date of the ordinance codified in
this section. Amount of salary to be designated by resolution of the council,
and paid at the same time and in the same manner as salaries are paid to other
officers and employees of the city. Payment of any and all councilmember
compensation pursuant to this section shall be in conformity with and pursuant
to California Government Code 36516.5. Anything in this section to the contrary
notwithstanding, no salary shall be paid to any councilmember for any month in
which he fails to attend at least one meeting of the city council.
2.08.031 Suspension of payment of salaries. Notwithstanding the
provisions of Section 2.08.030 of this code, the city council may, by
resolution adopted upon the vote of at least three councilmen, suspend payment
of the salaries, or any portion thereof, to all members of the city council.
Said resolution may designate a specific period of time during which such
suspension shall be in effect, or in the alternative, may designate that such
period shall be indefinite. In the event of an indefinite suspension, the city
council may resume payment of such salaries by resolution adopted upon the
votes of at least three councilmen.
2.08.040 Salaries exclusive of reimbursement. The salaries prescribed in
Section 2.08.030 are and shall be exclusive of any amounts payable to each
member of the city council for reimbursement of actual and necessary expenses
incurred by him in the performance of official duties for the city.
2.08.050 Operative date of salaries. Salaries prescribed in
Section 2.08.030 shall be payable from and after the sixteenth day of April,
1974.
Chapter 2.12
CITY ADMINISTRATOR
Sections:
2.12.010
Office created.
2.12.030 Eligibility.
2.12.040 Bond.
2.12.050 Compensation.
2.12.060 Pro tempore.
2.12.070 Powers and duties--Generally.
2.12.080 Powers and duties--Law enforcement.
2.12.090 Powers and duties—-Authority over
employees.
2.12.100 Powers and duties--Personnel
administration.
2.12.110 Powers and duties--Reorganization of
offices.
2.12.120 Powers and duties--Ordinances.
2.12.130 Powers and duties--Attendance at council
meetings.
2.12.140 Powers and duties--Financial reports.
2.12.150 Powers and duties--Budgets.
2.12.160 Powers and duties--Purchasing.
2.12.170 Powers and duties--Investigations.
2.12.180 Powers and duties--Public utilities
franchises.
2.12.190 Powers and duties--Public buildings.
2.12.200 Powers and duties--Hours of employment.
2.12.210 Powers and duties--Additional duties.
2.12.220 Council-administrator relations.
2.12.230 Departmental cooperation.
2.12.240 Attendance at commission meetings.
2.12.250 Removal--General procedure--Notice.
2.12.260 Removal--Hearing.
2.12.270 Removal--Suspension pending hearing.
2.12.280 Removal--Discretion of council.
2.12.290 Removal--Limitation.
2.12.010 Office created. The
office of administrator of the city is created and established. The
administrator shall be appointed by the city council wholly on the basis of his
administrative and executive ability and qualifications and shall hold office
for and during the pleasure of the city council.
2.12.030 Eligibility. No person serving as a
councilman of the city shall, subsequent to such election, be eligible for
appointment as city administrator until one year has elapsed after such council
member has ceased to be a member of the city council.
2.12.040 Bond. The city administrator
shall furnish a corporate surety bond, to be approved
by the city council in such sum as may be determined by the city council, which
shall be conditioned upon the faithful performance of the duties imposed upon
the city administrator as prescribed in this chapter. Any premium for such bond
shall be a proper charge against the city.
2.12.050 Compensation. The city administrator
shall receive such compensation and expense allowance as the city council from
time to time determines and fixes by resolution, and said compensation and
expenses shall be a proper charge against such funds of the city as the city
council designates.
The city
administrator 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 a verified itemized claim, setting forth the sums
expended for such business for which reimbursement is requested, has been
presented to the city council for approval.
2.12.060 Pro tempore. The city administrator
shall appoint, subject to the approval of the city council, one of the other
officers or department heads of the city to serve as city administrator pro
tempore during any temporary absence or disability of the city administrator.
In case of the absence or disability of the city administrator and his failure
to appoint a city administrator pro tempore, the city council may designate
some qualified city employee to perform the duties of the city administrator
during the period of absence or disability of the city administrator, subject,
however, to said person furnishing a corporate surety bond conditioned upon
faithful performance of the duties required to be performed as set forth in
Section 3.12.040.
2.12.070 Powers and duties--Generally. The city administrator
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. Tn 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 forth in Sections 2.12.080 through 2.12.210.
2.12.080 Powers and duties--Law enforcement. It shall be the duty of the
city administrator to enforce all laws and ordinances of the city and to see that
all franchises, contracts, permits and privileges granted by the city council
are faithfully observed.
2.12.090 Powers and duties--Authority over emrloyees. It shall be the duty of the city administrator and
he shall have the authority to control, order and give
directions to all heads of departments and to subordinate officers and
employees of the city under his jurisdiction, except the city attorney and city
treasurer. Nothing herein shall be deemed to authorize the city administrator
to make or cause to be made any arrest, nor to issue or cause to be issued any
citation, for violation of any law or ordinance, such arrests and citations
being authorized only to the chief of police and the fire chief or their
subordinates, as appropriate.
2.12.100 Powers and duties--Personnel administration. It shall be the duty of the
city administrator to recommend to the council the appointment, removal,
promotion, demotion of any department head. In the absence of such
recommendation, the city council may take no action on such matters unless the
position of city administrator is then vacant. The city administrator may not
unilaterally take any such action against a city employee, except that, pending
the next regular meeting of the city council, or any special meeting that may
be called for emergency or other good cause, the city administrator may place
any department head or other employee on administrative leave or suspension
from his or her employment, with or without salary, as the city administrator
deems appropriate. It shall be duty of all city employees, subordinate
officers, the city attorney and city treasurer to
assist the city administrator in the efficient, economical and harmonious
administration of city affairs.
2.12.110 Powers and duties--Reorganization of offices. It shall be the duty and
responsibility of the city administrator to recommend to the city council such
reorganization of offices, positions, departments or units under his direction
as may be indicated in the interest of efficient, effective and economical
conduct of the city’s business.
2.12.120 Powers and duties--Ordinances. It shall be the duty of the
city administrator and he shall recommend to the city council for adoption such
measures and ordinances as he deems necessary or expedient.
2.12.130 Powers and duties--Attendance at council
meetings.
It shall be the duty of the city administrator to attend all meetings of the
city council unless excused therefrom, except when his removal is under
consideration.
2.12.140 Powers and duties——Financial
reports.
It shall be the duty of the city administrator to keep the city council at all
times fully advised as to the financial conditions and needs of the city.
2.12.150 Powers and
duties—-Budgets. It shall be the duty of the city administrator to prepare and
submit the proposed annual budget and the proposed annual salary plan to the
city council for its approval.
2.12.160 Powers and
duties——Purchasing. It shall be the duty of the city administrator and he shall be
responsible for the purchase of all supplies for all of the departments or
divisions of the city. No expenditures shall be submitted or recommended to the
city council except on report and approval of the city administrator.
2.12.170 Powers and
duties——Investigations. It shall be the duty of the city administrator to
make investigations 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.
2.12.180 Powers and
duties——Public utilities franchises. It shall be the duty of the city
administrator to 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 see that all franchises and
permits granted by the city are faithfully performed and observed.
2.12.190 Powers and
duties——Public buildings. It shall be the duty of the city administrator and
he shall exercise general supervision over all public buildings, public parks
and all other public property which are under the control and jurisdiction of
the city council.
2.12.200 Powers and duties——Hours
of employment. It shall be the duty of the city administrator to devote his
entire time to the duties of his office in the interests of the city.
2.12.210 Powers and
duties—-Additional duties. It shall be the duty of the city administrator to
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.
2.12.220 Council—administrator
relations.
The city council and its members shall deal with the administrative services of
the city only through the city administrator, except for the purpose of
inquiry, and neither the city council nor any member thereof shall give orders
to any subordinates of the city administrator. The city administrator shall
take his orders and instructions from the city council only when sitting in a
duly held meeting of the city council and no individual councilman shall give
any orders or instructions to the city administrator.
2.12.230 Departmental cooperation. It shall be the duty of all
subordinate officers and the city clerk, city treasurer and city attorney to
assist the city administrator in administering the affairs of the city
efficiently, economically and harmoniously so far as may be consistent with
their duties as prescribed by the laws and ordinances of the city.
2.12.240 Attendance at commission
meetings.
The city administrator may attend any and all meetings of the planning
commission, recreation or park commission, and any other commissions, boards or
committees created by the city council after the effective date of the
ordinance codified in this chapter upon his own volition or upon direction of
the city council. At such meetings which the city administrator attends, he
shall be heard by such commissions, boards or committees as to all matters upon
which he wishes to address the members thereof, and he shall inform said
members as to the status of any matter being considered by the city council,
and he shall cooperate to the fullest extent with the members of all
commissions, boards or committees appointed by the city council.
2.12.250 Removal——General
procedure—-Notice. A. The removal of the city administrator shall be only upon a
three—member vote of the whole city council in regular council meeting,
subject, however, to the provisions of Sections 2.12.260 through 2.12.290.
B. In case of his intended
removal by the city council, the city administrator shall be furnished with a
written notice stating the council’s intention to remove him and the reason
therefor, at least thirty days before the effective date of his removal.
2.12.260 Removal——Hearing. Within seven days after the
delivery to the city administrator of the notice of intended removal provided
for in Section 2.12.250, 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, but
before the expiration of the thirty-day period provided for in Section
2.12.250, at which the city administrator shall appear and be heard, with or
without counsel.
2.12.270 Removal--Suspension pending hearing. After furnishing the city
administrator with written notice of intended removal, the city council may
suspend him from duty, but his compensation shall continue until his removal by
resolution of the council passed subsequent to the hearing provided for in
Section 2.12.260.
2.12.280 Removal--Discretion of council. In removing the city
administrator, the city council shall use its uncontrolled discretion. Its
action shall be final and shall not depend upon any particular showing or
degree of proof at the hearing. The purpose of the hearing is to allow the city
administrator to present to the city council his grounds of opposition to his
removal prior to its action.
2.12.290 Removal--Limitation. Notwithstanding the other
provisions of this chapter, the city administrator shall not be removed from
office during or within a period of ninety days next 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 administrator in the performance of the powers and
duties of his office. After the expiration of the ninety-day period, the
provisions of Section 2.12.280 as to the removal of the city administrator
shall apply and be effective.
Chapter 2.16
FIRE DEPARTMENT
Sections:
2.16.010
Established.
2.16.020 Organization.
2.16.030 Appointment of fire chief.
2.16.040 Appointment of officers.
2.16.050
Internal government.
2.16.060 Membership.
2.16.070 Duties of the members.
2.16.080 Duties of the fire chief.
2.16.090 Duties of the fire chief-—Enforcement of
rules and regulations.
2.16.100 Duties of captain.
2.16.110 Rescue captain.
2.16.120 Assignment of duties.
2.16.130 Duties of firefighters.
2.16.140 Apparatus of companies to be kept in good
condition.
2.16.150
Powers of officers at fires.
2.16.160
Conduct of persons during fires--obedience to fire chief.
2.16.170 Interference with or disobedience to fire
department.
2.16.180
Damage to department property prohibited.
2.16.190 Use of department equipment.
2.16.200
Open burning.
2.16.210
driving over fire hose prohibited.
2.16.220
Notice of street closure or water turnoff required.
2.16.230 Meetings.
2.16.240 Authorization to reimburse volunteer
fire-fighters.
2.16.250 Penalty for violation.
2.16.010 Established. There
is established in the city a fire department, which shall be known as the Weed
Volunteer Fire Department.
2.16.020
Organization. The fire department shall consist of a fire
chief and other officers as the city council may deem necessary for the
effective operation the department and other volunteer firefighters, their
exact number to be determined from time to time by the council.
2.16.030 Appointment of fire chief. The fire chief of the fire
department shall be appointed by the city council.
2.16.040 Appointment of officers. Other officers shall be
appointed by the city council after recommendation by the fire chief and
approval by the executive committee of the volunteer fire department. Such
appointed officers shall hold office for and during the pleasure of the
council.
2.16.050 Internal
government. The volunteer firefighters shall be self-governing in internal
affairs and are authorized and empowered to adopt a constitution and by-laws
for its own internal government subject to approval by the city council.
2.16.060 Membership. The members of the department, shall be appointed by the executive committee
and shall hold office until such appointment is terminated. Such members, after
receiving their appointment, shall take the oath of office and sign an
agreement to be active members of the department until their appointment is
terminated by withdrawal or action of the executive committee unless prevented
by sickness, absence from the city or unavoidable accident.
2.16.070 Duties of the members. It shall be the duty of the
members of the fire department to answer all fire alarms and rescue calls as
assigned promptly and to care properly for all material and apparatus belonging
to the fire department that may be entrusted to them; and to perform such other
duties as shall be required of them by the fire chief of the fire department.
2.16.080 Duties of the fire chief. A. The fire chief shall
determine the number and kind of companies of the department, and shall
determine the order of response of such companies to fire alarms and rescue
calls. The fire chief shall appoint the fire captains to the fire companies.
B.
The fire chief shall appoint the training captain to conduct monthly drills and
training instruction in fire control, fire prevention and matters generally
considered essential to good firemanship and the
safety of life and property from fire.
C.
The fire chief shall cooperate with and assist the proper legal authorities in
suppressing the crime of arson by investigating or causing to be investigated
the cause, origin and circumstance of all fires.
D.
The fire chief shall keep, or cause to be kept, a log book for the department
in complete and accurate detail, and to keep, or cause to be kept, complete and
accurate records of all fires, inspections, apparatus, equipment and other
matters or information pertaining to the department and its operations.
2.16.090 Duties of fire chief-—Enforcement of rules and
regulations.
The fire chief shall enforce the adopted rules and regulations of the
department, and shall be responsible for the general efficiency of the
department.
2.16.100 Duties of captain. The captain of the fire
department shall attend all fires and directly assist the fire chief in the
discharge of his duties on all occasions; and, in the case of the absence or
inability of the fire chief to act, the captain shall have control of the fire
department and, in all respects, shall perform the duties of the fire chief.
2.16.110 Rescue captain. The captain of the rescue
squad shall attend fifty percent of all rescue calls and directly assist the
fire chief in the discharge of his duties on all rescue calls; and in the case
of absence or inability of the fire chief to act, the rescue captain shall have
control of the fire department rescue squad and in all respects, shall perform
the duties of the fire chief on rescue calls.
2.16.120 Assignment of duties. The fire chief shall assign
to each member of the department his special duty at the time of the fire. When
an alarm of fire is sounded, it shall be the duty of each and every member of
the department to respond immediately and proceed to the fire station, or the
location of fire, without delay. Members of the department who are present at
any fire or who respond to any alarm of fire shall report to the captain or
other officer in charge.
2.16.130 Duties of firefighters. It shall be the duty of
each and every member in going to or returning from a fire, or in removing
their apparatus from their usual place of deposit, to obey the orders of the
fire chief or captains, and in case any captain, equipment operator, or any
other member refuses or neglects to obey any orders or directions given by the
fire chief or captain, he shall for such offense, on complaint of the fire
chief or captain, to the executive committee on conviction be, at their option,
reprimanded, suspended, or expelled from the fire department.
2.16.140 Apparatus of companies to be kept in good
condition.
Each and every equipment operator shall keep, or cause to be kept, their
apparatus in good order and condition and ready for immediate service, and the
operator shall report to the fire chief or person acting as such in writing,
any disability or deficiency of the apparatus under his operation within
twenty-four hours after such disability or deficiency shall occur, or they
become cognizant thereof.
2.16.150 Powers of officers at
fires. Every officer of the fire department, during the time of any
conflagration shall have the powers of a peace officer; they may prevent
persons other than firefighters (except it be the owners of goods or tenements,
or those particularly interested in the removal of the goods, or protection of
the tenements or persons assisting them) from coming into such portion of the
city as may interfere with the firefighters in the extinguishing of fires.
2.16.160 Conduct of persons
during fires--Obedience to fire chief. No person, except by permission and
under authority of the fire chief of the fire department, shall enter any
burning building after the fire department has arrived at such building.
2.16.170 Interference with or disobedience to fire
department.
No person shall interfere with the fire chief of the fire department, captain,
or any member thereof, while in the lawful performance of his duties, or refuse
or neglect to obey the lawful orders or requirements of the fire chief or
captain.
2.16.180 Damage to department
property prohibited. No person shall willfully or negligently injure or
damage any house or place for the housing or protection of any machinery or
apparatus of the fire department, nor injure any apparatus of the fire
department.
2.16.190 Use of department equipment. No person shall use fire
department hydrants or equipment without prior authorization from the fire
chief or the city administrator.
2.16.200 Open burning. No
open burning shall be done without a written permit from April 1st to the end
of the fire season as determined by the California Department of Forestry
(CDF). Applications for burning permits may be obtained from the fire chief. No
burning permits shall be issued when in conflict with any state law or, at the
determination of the fire chief.
2.16.210 Driving
over fire hose prohibited. It is unlawful for any person to drive any
vehicle, whether loaded or otherwise, across any fire hose.
2.16.220 Notice of street closure
or water turnoff required. When, for any reason, the water is turned off
from any fire hydrant, or any hydrant is inoperative, or whenever, for any
reason, any street is closed, the fire chief shall be notified immediately, and
shall also be advised when such service is restored.
2.16.230 Meetings. A regular meeting of the
fire department shall be held on the second and fourth Monday of each month, at
a place to be designated by the fire chief, at which the fire chief shall
preside. The fire chief, by the tenth day of each month, shall file with the
city clerk a certificate setting forth the names of each firefighter at
meetings held during the previous month, and showing whether such meetings were
regularly scheduled or otherwise; and no pay shall be allowed for any meeting
not regularly scheduled or for more than two meetings regularly scheduled
during any month, unless authorized by the city council.
2.16.240 Authorization to reimburse volunteer
firefighters.
The volunteer firefighters and medical rescuers are to be reimbursed as
provided for in the fire department budget of the annual city budget.
2.16.250 Penalty for violation. Any person violating any of
the provisions of Sections 2.16.160 through 2.16.210, or any one or more of
such sections, shall be guilty of a misdemeanor and, upon conviction, shall be
punishable by fine of not more than five hundred dollars, or imprisonment in
the county jail for not more than six months, or by both such fine and
imprisonment. The city may, however, elect to file any such charges as
infractions, punishable by a fine as set forth in California Government Code
Section 36900(b).
Chapter 2.18
FINANCE DEPARTMENT
Sections:
2.18.010
Department created.
2.18.020 Bond.
2.18.030 Functions and duties.
2.18.010 Department created.
A finance department is created and established, and shall be subject to the
general administrative direction of the city administrator.
2.18.020 Bond. Before entering upon the duties of this
office, the finance director shall be bonded to assure the faithful and honest
performance of his duties as herein prescribed. Except as may otherwise be
provided, the bond shall conform to the provisions of the Government Code
relating to bonds of public officers, and the penal sum of the bond shall be in
a reasonable amount recommended by the city attorney. Any premium for said
required bond shall be assumed by the city.
2.18.030 Functions and duties. It shall be the duty of the
finance director to act in all cases to promote, secure and preserve the
financial and property interest of the city and he/she shall have the power and
duty to:
A.
Perform the duties imposed upon the city clerk by Sections 37200 to 37209 and
Sections 40802 through 40805 of the Government Code of the state of
B.
Exercise general supervision over all city officers regarding proper management
of the fiscal concerns of their respective offices, prescribe the form of
accounts and reports to be rendered to him/her and insure that budget
appropriations are not exceeded. He/she shall also:
1. Examine and audit from time to time the
accounts of all officers and departments,
2. Insure that all officers and employees
receiving money pay the same into the treasury as required, and that all
necessary financial reports are made by officers and shall report all
delinquencies or defaults in payments or reports to the city council and city
attorney who shall take immediate legal measures for the recovery of the amount
of any such default or delinquency,
3. Demand and receive all moneys and fees
owing to the city whenever the means of collection of such is not otherwise
prescribed by law. Then not collectible by other means, he/she shall report
such debt to the city attorney for collection,
4.
Prepare and audit a register of demands against the city and certify the same
to the city council at each regular council meeting,
5.
Keep all general accounts of the city government and transmit, at least
monthly, to the city council and all departments and officers current
information of the classified unencumbered appropriation balances,
6.
Collect all licenses and fees in the manner authorized and required by law and
issue all permits and licenses except those which are required by law to be
issued by a particular department or officer,
7.
Perform such additional duties as are prescribed from time to time by the city
council or state of
Chapter 2.20
PEACE OFFICER STANDARDS AND TRAINING
Sections:
2.20.010 Declaration.
2.20.020 Adherence to standards.
2.20.030 Right of inquiry.
2.20.010 Declaration. The city declares that it
desires to qualify to receive aid from the state of
2.20.020 Adherence to standards. Pursuant to Section
13510(c), Chapter 1, of the California Penal Code the city will adhere to
standards for recruitment and training established by the California Commission
on Peace Officer Standards and Training (POST).
2.20.030 Right of inquiry. Pursuant to Section 13512,
Chapter 1, of the California Penal Code the commission and its representatives
may make such inquiries as deemed appropriate by the commission to ascertain
that the city public safety dispatcher personnel adhere to standards for
selection and training established by the Commission on Peace Officer Standards
and;Training.
Chapter 2.24
EMERGENCY SERVICES
Sections:
2.24.010 Purposes.
2.24.020 Definitions.
2.24.030
Disaster council——Membership.
2.24.040
Disaster council——Powers and duties.
2.24.050 Director and assistant
director——Designated.
2.24.060
Director and assistant director——Powers and duties.
2.24.070 Emergency organization.
2.24.080 Emergency plan.
2.24.090 Expenditures.
2.24.100 Penalty for violation.
2.24.010 Purposes. The declared purposes of
this chapter are to provide for the preparation and carrying out of plans for
the protection of persons and property within the city in the event of an
emergency; the direction of the emergency organization; and the coordination of
the emergency functions of the city with all other public agencies,
corporations, organizations and affected private persons.
2.24.020 Definitions. As used in this chapter,
the following definition shall apply:
“Emergency”
means the actual or threatened existence of conditions of disaster or of
extreme peril to the safety of persons and property within the city caused by
such conditions as air pollution, fire, flood, storm, epidemic, riot or
earthquake, or other conditions, including conditions resulting from war or
imminent threat of war, but other than conditions resulting from a labor
controversy, which conditions are or are likely to be beyond the control of the
services, personnel, equipment and facilities of the city, requiring the
combined forces of other political subdivisions to combat.
2.24.030 Disaster
council——Membership. The city disaster council is created and shall consist
of the following persons:
A.
The mayor, who shall be chairman;
B.
The director of emergency services, who shall be vice—chairman;
C.
The assistant director of emergency services;
D.
Such chiefs of emergency services as are provided for in a current emergency
plan of the city, adopted pursuant to this chapter;
E.
Such representatives of civic, business, labor, veterans’, professional or
other organizations having an official emergency responsibility as may be
appointed by the director with the advice and consent of the city council.
2.24.040 Disaster council——Powers
and duties. It shall be the duty of the city disaster council, and it is
empowered, to develop and recommend for adoption by the city council emergency
and mutual-aid plans and agreements, and such ordinances, resolutions, rules
and regulations as are necessary to implement such plans and agreements. The
disaster council shall meet upon call of the chairman or, in his absence from
the city or inability to call such meeting, upon call of the vice-chairman.
2.24.050 Director and assistant director——Designated.
A.
There is created the office of director of emergency services. The city
administrator shall be the director of emergency services.
B.
There is created the office of assistant director of emergency services, who
shall be appointed by the director.
2.24.060 Director and assistant
director——Powers and duties. A. The director is empowered to;
1. Request the city council to proclaim the
existence or threatened existence of a “local emergency” if the city council is
in session, or to issue such proclamation if the city council is not in
session. Whenever a local emergency is proclaimed by the director, the city
council shall take action to ratify the proclamation within seven days
thereafter or the proclamation shall have no further force or effect1
2. Request the Governor to proclaim a “state
of emergency” when, in the opinion of the director, the locally available
resources are inadequate to cope with the emergency;
3. Control and direct the effort of the
emergency organization of this city for the accomplishment of the purposes of
this chapter;
4. Direct cooperation between and
coordination of services and staff of the emergency organization of the city;
and resolve questions of authority and responsibility that may arise between
them;
5. Represent the city in all dealings with
public or private agencies on matters pertaining to emergencies, as defined in
Section 2.24.010;
6. In the event of the proclamation of a
“local emergency,” as provided in this section, the proclamation of a “state of
emergency” by the Governor or the Director of the State Office of Emergency
Services, or the existence of a “state of war emergency,” the director is
empowered to;
a. Make and issue rules and regulations on
matters reasonably related to the protection of life and property as affected
by such emergency; provided, however, such rules and regulations must be
confirmed at the earliest practicable time by the city council;
b. Obtain vital supplies, equipment and
such other properties found lacking and needed for the protection of life and
property, bind the city for the fair value thereof and, if required
immediately, commandeer the same for public use;
c. Require emergency services of any city
officer or employee and, in the event of the proclamation of a “state of
emergency” in the county in which this city is located or the existence of a
“state of war emergency,” to command the aid of as many citizens of this
community as he deems necessary in the execution of his duties; such persons
shall be entitled to all privileges, benefits, and immunities as are provided
by state law for registered disaster service workers;
d. Requisition necessary personnel or
material of any city department or agency; and
e. Execute all of his ordinary power as
city administrator, all of the special powers conferred upon him by this
chapter or by resolution or emergency plan adopted by the city council pursuant
to this chapter, and all powers conferred upon him by any statute, by any
agreement approved by the city council, and by any other lawful authority.
B.
The director of emergency services shall designate to the order of succession
to that office, to take effect in the event the director is unavailable to
attend meetings and otherwise perform his duties during an emergency. Such
order of succession shall be approved by the city council.
C.
The assistant director, under the supervision of the director and with the
assistance of emergency service chiefs, shall develop emergency plans and
manage the emergency programs of this city; and shall have such other powers
and duties as may be assigned by the director.
2.24.070 Emergency organization. All officers and employees
of the city, together with those volunteer forces enrolled to aid them during
an emergency, and all groups, organizations and persons who, by agreement or
operation of law, including persons impressed into service under the provisions
of subsection (A)(6)(C) of Section 2.24.060, may be
charged with duties incident to the protection of life and property in the city
during such emergency, shall constitute the emergency organization of the city.
2.24.080 Emergency plan. The city disaster council
shall be responsible for the development of the city emergency plan, which plan
shall provide for the effective mobilization of all of the resources of the
city, both public and private, to meet any condition constituting a local
emergency, state of emergency or state of war emergency; and shall provide for
the organization, powers and duties, services and staff of the emergency
organization. Such plan shall take effect upon adoption by resolution of the
city council.
2.24.090 Expenditures. Any expenditures
made in connection with emergency activities, including mutual-aid activities,
shall be deemed conclusively to be for the direct protection and benefit of the
inhabitants and property of the city.
2.24.100 Penalty for violation. It shall be a misdemeanor,
punishable by a fine of not to exceed five hundred dollars, or by imprisonment
for not to exceed six months, or both, for any person, during an emergency, to:
A.
Willfully obstruct, hinder or delay any member of the emergency organization in
the enforcement of any lawful rule or regulation issued pursuant to this
chapter, or in the performance of any duty imposed upon him by virtue of this
chapter;
B.
Do any act forbidden by any lawful rule or regulation issued pursuant to this
chapter, if such act is of such a nature as to give or be likely to give
assistance to the enemy or to imperil the lives or property of inhabitants of
the city, or to prevent, hinder or delay the defense or protection thereof;
C.
Wear, carry or display, without authority, any means of identification
specified by the emergency agency of the state.
Chapter 2.28
PLANNING COMMISSION
Sections:
2.28.010 Creation.
2.28.020 Residence requirement.
2.28.030 Organization.
2.28.040 Mandatory powers and duties.
2.28.050 Discretionary powers.
2.28.060 Commencement of functioning.
2.28.070 Department of planning.
2.28.080
Director of planning——Appointment.
2.28.090
Director of planning——Qualifications.
2.28.100 Director of planning—-Duties.
2.28.110 Expense account.
2.28.010 Creation. The city planning
commission is established to consist of five members who shall be appointed by
the mayor with the approval of the city council.
2.28.020 Residence requirement. Members of the planning commission
shall be residents of the city at all times during their service, provided
however, that no more than two commissioners at any given time may, instead, be
residents of the city’s “sphere of influence,” as that area is established,
from time to time, by the local agency formation commission of the county, or
in the alternative, they may be owners of businesses or real property within
the city limits. The term of any member who ceases to be a resident of the
city, a resident of the city’s sphere of influence, or the owner of business or
real property within the city limits, shall expire immediately upon cessation
of his/her residence or ownership.
2.28.030 Organization. A. The term of office of
members of the planning commission shall be four years. For purposes of
computing the start of the four year term of each member, computing from
January 1, 1962, two shall have a term of two years, two a term of three years,
and one a term of four years, to be determined by the mayor at the term of
appointment.
B.
Members whose terms have expired shall continue to serve until their successors
are appointed.
C.
If any member or the members of the city planning commission miss three
consecutive meetings, the mayor shall declare a vacancy to exist, unless such
absence is for good cause found by the planning commission, based upon illness
or hospitalization or travel outside the county.
D.
A chairperson and a vice chairperson for the city planning commission shall be
elected by the commission members the first month of each calendar year, and
they shall have the right to vote.
2.28.040 Mandatory powers and duties. The planning commission
shall have the following mandatory powers and duties:
A.
To prepare and recommend to the council the adoption, amendment, extension,
addition to and maintenance of the master plan for the physical development of
the city, as defined by the laws of the state;
B.
To exercise the control provided by city ordinance over the subdivision of land
within the city;
C.
To exercise the control provided by city ordinance over the zoning plan and
recommend or disapprove any proposed change in such plan;
D.
To prepare and recommend plans for the clearance and rehabilitation of slum or
blighted areas within the city.
E.
To prepare as required under the California Environmental Quality Act the
environmental review documents for projects considered by the planning
commission.
2.28.050 Discretionary powers. The planning commission
shall have the power to:
A.
Prepare and recommend plans for the re-planning, improvement and development of
any neighborhoods;
B.
Prepare and recommend plans for the re—planning, reconstruction or
redevelopment of any area or district which may be destroyed in whole or in
part or seriously damaged by fire, earthquake, flood or other disaster;
C.
Prepare and recommend plans and procedures for the improvement of housing
standards, adequate housing and regulations relating to housing and building
codes;
D.
In the performance of its functions, enter upon any land to make examinations
and surveys.
E.
Annually review the city’s capital improvement program for consistency with the
general plan.
F.
Promote public interest in the general plan.
G.
Consult with and advise public officials and agencies, and other interested
organizations and citizens regarding implementation of the general plan.
H.
Coordinate local plans and programs with those of other public agencies.
I.
Undertake special planning studies as needed.
2.28.060 Commencement of functioning. The planning commission
shall commence its official duties at such time as the
2.28.070 Department of planning. The department of planning
of the city is created. It shall be the duty of such department to prepare a
master plan in such form that the master plan or any portion thereof may be
adopted, extended or amended from time to time by the planning commission and
the city council, pursuant to such procedure as may be required by law, and to
perform such other duties as may be necessary to carry out the instructions of
the planning commission and the city council.
2.28.080 Director of
planning-—Appointment. The head of the department of planning shall be the
director of planning, who shall be appointed by the city council. Passage of
the ordinance codified in this chapter does not require the immediate filling
of this position.
2.28.090 Director of
planning——Qualifications. The director of planning shall have knowledge of
and be qualified by training and experience in community planning.
2.28.100 Director of
planning——Duties. The director of planning shall plan and direct the work
of the department of planning, subject to the policies recommended by the
planning commission and approved by the city council. He shall be the regular
technical advisor of the planning commission and the city council, upon
subjects germane to city planning, and he shall have such other authority and
duties as the council may prescribe or as granted by ordinance or resolution.
2.28.110 Expense account. Each member of the planning
commission shall be eligible to receive reimbursement for expenses for classes,
seminars and continuing education within the standards established by the city
budget and adopted policies and procedures. Commissioners are encouraged to
attend at least one class or seminar per year on a subject relevant to their
office.
Chapter 2.32
OFFICIAL BONDS
Sections:
Chapter 2.36
PERSONNEL SYSTEM
Sections:
2.36.010 Adoption of personnel system.
2.36.020 Definitions.
2.36.030 Administration.
2.36.040 Competitive service.
2.36.050 Adoption and amendment of rules.
2.36.060 Appointments.
2.36.070 Probationary period.
2.36.080 Status of present employees.
2.36.090
Demotion, dismissal, reduction in pay, suspension, reprimand.
2.36.100 Right of appeal.
2.36.110 Lay-off and re-employment.
2.36.120 Political activity.
2.36.130
Contracts for special service.
2.36.140 Severability.
2.36.010 Adoption of personnel system. In order to establish an
equitable and uniform system for dealing with personnel matters, and to comply
with applicable laws relating to the administration of the personnel process,
the following personnel system is hereby adopted.
2.36.020 Definitions. The terms used to
administer the personnel system shall be defined in the personnel rules.
2.36.030 Administration. The city administrator
shall administer the city personnel system and may delegate any of the powers
and duties to a personnel director or may delegate the appointing authority
granted by the city council to any other officer or employee of the city or may
recommend that such powers and duties be performed under contract as provided
in Section 2.36.130 of this chapter. The city administrator shall:
A.
Act as the appointing authority for the city.
B.
Administer all the provisions of this chapter and of the personnel rules not
specifically reserved to the city council.
C.
Prepare and recommend to the city council personnel rules and revisions and
amendments to such rules.
D.
Prepare or cause to be prepared a position classification plan, including class
specifications, and revisions of the plan.
E.
Have the authority to discipline employees in accordance with this title and
the personnel rules of the city.
F.
Provide for the publishing or posting of notices of tests for positions in the
competitive service; and receiving of applications therefore; the conducting
and grading of tests; the certification of a list of all persons eligible for
appointment to the appropriate position in the competitive service; and
performing any other duty that may be required to administer the personnel
system.
2.36.040 Competitive service. The provisions of the
ordinance shall apply to all officers, positions and employees in the service of
the city, except:
A.
Elective officers.
B.
The city administrator and any assistants to the city administrator.
C.
The city attorney and any assistant or deputy city attorneys.
D. The city clerk and any assistant or deputy city clerks.
E.
Members of appointive boards, commissions, and committees.
F.
The following department heads:
1. Chief of police;
2. Director of finance;
3. Director of public works;
4. Fire chief.
G.
Volunteer personnel, such as volunteer fire fighters.
H.
All council appointed city officers.
I.
Emergency employees who are hired to meet the immediate requirements of any
emergency condition, such as extraordinary fire, flood, or earthquake that
threatens life or property.
J.
Employees, other than those listed elsewhere in this section, which are not
regularly employed in permanent positions. “Regularly employed in permanent
positions” means an employee hired for an indefinite term into a budgeted
position, who is regularly scheduled to work no less than one thousand forty
hours per year, and has successfully completed the probationary period and been
retained as provided in this chapter and the personnel rules.
K.
Any position primarily funded under a state or federal employment program.
L.
Employees not included in the competitive service under this section shall
serve at the pleasure of their appointing authority.
2.36.050 Adoption and amendment of rules. Personnel rules shall be
adopted by resolution of the city council. The rules may establish regulations
governing the personnel system, including:
A.
Preparation, installation, revision, and maintenance of a position
classification plan covering all positions in the competitive service,
including employment standards and qualifications for each class.
B.
Appropriate announcement of the selection process and acceptance of
applications for employment.
C.
Preparation and conduct of tests and the establishment and use of resulting
employment lists containing names of persons eligible for appointment.
D.
Certification and appointment of persons from employment lists, and the making
of provisional appointments.
E.
Establishment of probationary testing periods.
F.
Evaluation of employees during the probationary testing period and thereafter.
G.
Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of
employees an the competitive service.
H.
Separation of employees from the city service.
I.
The establishment and maintenance of adequate personnel records for purpose of
accounting and legal requirements.
J.
The establishment of any necessary appeal procedures.
2.36.060 Appointments. Appointments to vacant
positions in the competitive service shall be made in accordance with the
personnel rules. Appointments and promotions shall be based on merit and
fitness to the ascertained so far as practicable by
competitive examination. Examinations may be used and conducted to aid the
selection of qualified employees and shall consist of selection techniques
which will test fairly the qualifications of candidates such as achievement and
aptitude tests, written tests, personal interview, performance tests, physical
agility tests, evaluation of daily work performance, work samples or any
combination of these or other tests. The probationary period shall be considered
an extension of the examination process. Physical, medical and psychological
tests may be given as part of any examination.
In
any examination the city administrator or his/her designee may include, in
addition to competitive tests, a qualifying test or tests, and set minimum
standards therefore.
The
appointing authority of employees in the competitive service is the city
administrator. The city administrator may delegate the appointing authority to
any other officer or employee of the city.
2.36.070 Probationary period. All regular appointments,
including promotional appointments, shall be for a probationary period of not
less than one year. The appointing authority may extend such probationary
period up to six additional months. The probationary period shall commence from
the date of appointment. In the event of illness or injury requiring absence
from work the number of days absent shall be added to the length of the
probationary period. During the probationary period, the employee may be rejected
at any time without the right of appeal, hearing or any grievance procedure.
If
the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the
personnel officer a statement in writing to such effect and stating that the
retention of such employee in the service is desired. If such a statement is
not filed, the employee will be deemed to be unsatisfactory and his employment
terminated at the expiration of the probationary period. Where a statement of
satisfactory service has not been filed, the personnel officer shall serve
notice of the termination on the terminated employee after the expiration of
the selection period.
An
employee rejected during the probationary period from a position to which he
has been promoted shall be reinstated to a position in the class from which he
was promoted unless he is discharged from the City service as provided in the
personnel rules. If no vacancy exists in such position, he shall be placed on a
reemployment list as provided in the personnel rules.
2.36.080 Status of present emnlovees. Any person holding a
position included in the competitive service who, on the effective date of the
ordinance codified in this chapter, shall have served continuously in such
position, or in some other position in the competitive service, for a period
equal to the probationary period prescribed in the rules for his class, shall
assume regular status in the competitive service in the position held on such
effective date without qualifying test, and shall thereafter be subject in all
respects to the provisions of this chapter and the personnel rules.
Any
other persons holding positions in the competitive service shall be regarded as
probationers who are serving out the balance of their probationary periods as
prescribed in the rules before obtaining regular status. The probationary
period shall be computed from the date of appointment or employment.
2.36.090 Demotion, dismissal,
reduction in pay, suspension, reprimand. The city
administrator or any appointing power shall have the authority to demote,
discharge, reprimand, reduce in pay, or suspend, any regular employee for cause
in accordance with procedures included in the personnel rules.
2.36.100 Right of appeal. Any employee in the
competitive service shall have the right to appeal a demotion, reduction in
pay, suspension, or discharge for disciplinary or medical reasons, except in
those instances where the right of appeal is specifically prohibited by this
chapter or the rules adopted hereunder.
All
appeals shall be processed in accordance with the requirements and procedures
as set forth in the personnel rules adopted pursuant to this chapter.
2.36.110 Lay-off and re-emplovment. Lay-off and reemployment
actions shall follow the process outlined in the personnel rules.
2.36.120 political activity. The political activities of
city employees shall conform to pertinent provisions of state law and any local
provisions adopted pursuant to state law.
2.36.130 Contracts for special
service. The city administrator shall consider and make recommendations to
the city council regarding the extent to which the city should contract for the
performance of technical services in connection with the establishment or
operation of the personnel system. The city council may contract with any
qualified person or public or private agency for the performance of all or any
of the following responsibilities and duties imposed by this chapter:
A.
The preparation of personnel rules and subsequent revisions and amendments
thereof.
B.
The preparation of a position classification plan, and subsequent revisions and
amendments thereof.
C.
The preparation, conduct and grading of competitive tests.
D.
The conduct of employee training programs.
E.
Special and technical services of advisory or informational character on
matters relating to personnel administration.
2.36.140 Severability. If any part of this chapter
is found to be unenforceable, the other parts shall remain in force insofar as
they can be given meaning and effect.
Chapter 2.40
Sections:
2.40.010
Contract authorized.
2.40.020
Amendment authorized.
2.40.010 Contract authorized.
A. A contract between the city council and the Board of Administration,
California State Employees’ Retirement System, is authorized, a copy of said
contract being attached to the ordinance codified in this section, marked
“Exhibit A,” and by such reference made a part of this section as though set
out in this section in full.
B.
The mayor of the city council is authorized, empowered and directed to execute
the contract for and on behalf of said agency.
2.40.020 Amendment authorized.
A. An amendment to the contract between the city council and the Board of
Administration, California Public Employees’ Retirement System, is authorized,
a copy of said amendment being attached to the ordinance codified in this
section, marked “Exhibit A,” and by such reference made a part of this section
as though set out in full in this section.
B.
The mayor of the city council is authorized, empowered and directed to execute
the contract for and on behalf of said agency.
Chapter 2.44
WEED REDEVELOPMENT AGENCY
Sections:
2.44.010
Established.
2.44.020 Declaration.
2.44.010 Established. It is
found and declared, pursuant to Section 33101 of the California Health and
Safety Code that there is a need for the Redevelopment Agency created by
Section 33100 of said law to function in the City of Weed. The Agency is
created and authorized to transact business and exercise its powers under the
community redevelopment law, and shall be known as the Weed redevelopment
agency.
2.44.020 Declaration. Pursuant to Section 33200
of the California Health and Safety Code, the city council declares itself to
be the agenoy, and all the rights, powers, duties,
privileges and immunities, vested by law in a redevelopment agency, shall be
vested in the city council except as otherwise provided by law.
Chapter 2.50
GENERAL MUNICIPAL ELECTIONS
Sections:
2.50.010 General municipal election.
2.50.020 Expiration of terms of city officers.
2.50.030 Operative date.
2.50.040 Election of mayor and mayor pro tempore.
2.50.010 General municipal election. Pursuant to California
Government Code Section 36503.5, commencing with the general municipal election
to be held in the calendar year 1986 and continuing thereafter, the general
municipal election of the city shall be held on the same day as the statewide
general election.
2.50.020 Expiration of terms of city officers. In accordance with the
provisions of subsection (d) of California Government Code Section 36503.5,
those city officers whose terms of office would have, prior to the adoption of
the ordinance codified in this chapter, expired on the Tuesday succeeding the
second Tuesday in April of an even numbered year, shall instead, continue in
their offices until no later than the fourth Tuesday after the day of the
general municipal election, and until their successors are elected and
qualified.
2.50.030 Operative date. The ordinance codified in
this chapter shall become operative upon the approval of the board of
supervisors of the county.
2.50.040 Election of mayor and mayor pro tempore. Each November the city
council shall elect one of its members to serve as mayor, and one to serve as
mayor pro tempore for a term of one year as follows:
A.
In general election years the election of mayor and mayor pro tempore shall
follow the canvass of votes for city council election and the administration of
the oath of office to those persons elected to the city council.
B.
In non-general election years, the election of mayor and mayor pro tempore
shall be held at the regular November meeting of the city council.
C. In the event the office of mayor becomes vacant, the mayor pro tempore shall (unless he or she declines) complete the term of mayor. The council shall then elect a new mayor pro tempore for the balance of that term.