ADMINISTRATION OF PERSONNEL
The office of the City Manager of the City of Twentynine Palms is hereby created and established. The City Manager 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.
(7-2 § 1)
Residence in the City at the time of appointment of a City Manager shall not be required as a condition of the appointment, but within one hundred eighty (180) days after reporting for work the City Manager must become a resident of the City unless the City Council approves his residence outside the City.
(87-2 § 2)
No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such City Council member shall have ceased to be a member of the City Council.
(87-2 § 3)
The City Manager and Acting City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by said City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager and Acting City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City.
(87-2 § 4)
The Assistant City Manager shall serve as manager pro tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Manager, by filing a written notice with the City Clerk, shall designate a qualified city employee to exercise the powers and perform the duties of City Manager during his temporary absence or disability. In the event the City Manager's absence or disability extends over a two (2) month period, the City Council may, after the two (2) month period, appoint an Acting City Manager.
(87-2 § 5)
The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine. In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.
(87-2 § 6)
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 following powers:
(a)
Law Enforcement. It shall be the duty of the City Manager 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.
(b)
Authority Over Employees. It shall be the duty of the City Manager, 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 through their department heads.
(c)
Power of Appointment and Removal. It shall be the duty of the City Manager to, and he shall appoint, remove, promote and demote any and all officers and employees of the City, except the City Attorney and Treasurer.
(d)
Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of officers, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business.
(e)
Ordinances. It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary.
(f)
Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless at his request he is excused therefrom by the Mayor individually or the City Council, except when his removal is under consideration.
(g)
Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City.
(h)
Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.
(i)
Expenditure Control and Purchasing. It shall be the duty of the City Manager 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. Further, it shall be the duty of the City Manager 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 said City.
(j)
Public Buildings. It shall be the duty of the City Manager 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.
(k)
Additional Duties. It shall be the duty of the City Manager 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 official action of the City Council.
(87-2 § 7)
(Ord. No. 325, § 4(Exh. A), 10-14-2025)
(a)
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, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual councilman shall give any orders or instructions to the City Manager. The City Council shall instruct the City Manager in matters of policy.
(b)
Departmental Cooperation. It shall be the duty of all subordinate officers and the City Clerk, City Treasurer and City Attorney to assist the city Manager in administering the affairs of the City efficiently, economically and harmoniously.
(c)
Attendance at Commission Meetings. The City Manager or authorized representative may attend any and all meetings of the Planning Commission and any other commissions, boards or committees created by the City Council, upon his own volition or upon direction of the City Council. At such meetings which the City Manager 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.
(87-2 § 8.1—8.3)
The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in a regular Council meetings.
(87-2 § 9.1)
Nothing in this Chapter shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this Chapter.
(87-2 § 10)
Regular Meetings of the City Council of the City of Twentynine Palms shall be held at 6136 Adobe Road, in the City of Twentynine Palms and until further notice this shall be the regular meeting place of the City Council.
(87-4 § 1; as amd by 88-20 § 3 and 88-29 § 3)
The compensation of each City Councilmember shall be Four Hundred Sixty-Five Dollars ($465.00) per month. Councilmembers also shall be reimbursed for travel at the rate of 0.225 per mile and for out-of-pocket expenses.
(87-13 § 1; as amd by 88-31 § 1; as amd by 166 § 1)
Ordinance 88-20 is repealed.
(88-29 § 2)
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.
(88-18 § 1)
The terms used to administer the personnel system shall be defined in the personnel rules.
(88-18 § 2)
The City Manager 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 2.08.130. The City Manager 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 Chapter and the personnel rules of the City; and
(f)
Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; 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.
(88-18 § 3)
The provisions of this Chapter shall apply to all offices, positions and employments in the service of the City, except:
(a)
Elective officers;
(b)
The City Manager and any assistants to the City Manager;
(c)
The City Attorney and any assistant or deputy city attorneys;
(d)
Members of appointive boards, commissions, and committee;
(e)
All department heads;
(f)
Persons engaged under contract to supply expert, professional, technical or any other service;
(g)
Volunteer personnel, such as volunteer firemen;
(h)
All Council appointed city officers;
(i)
Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property;
(j)
Employees, other than those listed elsewhere in this Section, who 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 and forty (1,040) 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; and
(l)
Employees not included in the competitive service under this Section shall serve at the pleasure of their appointing authority.
(88-18 § 4)
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 probational testing periods;
(f)
Evaluation of employees during the probationary testing period and thereafter;
(g)
Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;
(h)
Separation of employees from the city service;
(i)
The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements; and
(j)
The establishment of any necessary appeal procedures.
(88-18 § 5)
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 be 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 combinations 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 Manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.
The appointing authority of employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer or employee of the City.
(88-18 § 6)
All regular appointments, including promotional appointments, shall serve a probationary period for a length of time as set forth in personnel rules adopted pursuant to this Chapter. The appointing authority may extend such a probationary period as provided for in adopted personnel rules. The probationary period shall commence from the date of appointment. During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or any grievance procedure. Additional regulations governing probationary periods may be established by the adoption of personnel rules.
(88-18 § 7; as amd. by 88-37 § 3)
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 a 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.
(88-18 § 8)
The City Manager or any appointing power shall have the authority to demote, discharge, reprimand orally or in writing, reduce in pay, or suspend, any regular employee for cause.
(88-18 § 9)
Any employee in the competitive service shall have the right to appeal a disciplinary action, except in those instances where the right of appeal is specifically prohibited by this Chapter or the rules adopted thereunder.
All disciplinary actions appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this Chapter.
(88-18 § 10)
Layoff and reemployment actions shall follow the process outlined in the personnel rules.
(88-18 § 11)
The political activities of City employees shall conform to pertinent provisions of State law and any local provision adopted pursuant to State law.
(8818 § 12)
The City Manager 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.
(88-18 § 13)
The Contract between the City Council of the City of Twentynine Palms and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said Contract is on file in the office of the City Clerk of the City, and by such reference made a part hereof as though herein set out in full.
(89-43 § 1)
The Mayor of the City Council is hereby authorized, empowered, and directed to execute said Contract for and on behalf of said Agency.
(89-43 § 2)
Commencing with the general municipal election to occur during 1990, general municipal elections of the City shall be held on the same day as the statewide general election, the first Tuesday after the first Monday of November in each even-numbered year.
(89-57 § 2)
(a)
Those council members of the City whose terms of office would have, prior to the adoption of the ordinance codified in this Chapter, expired following the April, 1990, general municipal election shall, instead, continue in office until no later than the fourth Tuesday after the day of the November, 1990, general municipal election of the City.
(b)
Those council members of the City whose terms of office would have, prior to the adoption of the ordinance codified in this Chapter, expired following the April, 1992, general municipal election shall, instead, continue in office until no later than the fourth Tuesday after the day of the November, 1992, general municipal election of the City.
(89-57 § 3)
Pursuant to California Government Code Section 34886 and the schedule established in Section 2.16.050 of this Chapter, beginning in November 2018, members of the City Council shall be elected on a by-district basis from five (5) single-member Council Districts. The City's by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (a).
(Ord. No. 284, § 1, 3-13-2018)
A.
Pursuant to Section 2.16.030 of this Chapter, members of the City Council shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (a), from the five (5) Council Districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law:
1.
Council District 1 shall comprise all that portion of the City reflected on Exhibit A.
2.
Council District 2 shall comprise all that portion of the City reflected on Exhibit A.
3.
Council District 3 shall comprise all that portion of the City reflected on Exhibit A.
4.
Council District 4 shall comprise all that portion of the City reflected on Exhibit A.
5.
Council District 5 shall comprise all that portion of the City reflected on Exhibit A.
B.
Members of the City Council shall be elected in the electoral districts established by this Section and subsequently reapportioned pursuant to applicable State and federal law.
C.
Except as provided in subdivision D herein and notwithstanding any other provision of this Chapter, once this Ordinance is fully phased in, each member of the City Council elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227. Termination of residency in a district by a member of the City Council shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency.
D.
Notwithstanding any other provision of this Section, and consistent with the requirements of California Government Code Section 36512, the members of the City Council in office at the time the Ordinance codified in this Chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each member of the City Council that member of the City Council's successor shall be elected on a by-district basis in the districts established in this Section and as provided in this Chapter.
(Ord. No. 284, § 1, 3-13-2018)
Editor's note— Exhibit A of Ord. No. 284, § 3, adopted March 13, 2018, is incorporated by reference.
Except as otherwise required by California Government Code Section 36512, the members of the City Council shall be elected from Council Districts 3, 4, and 5 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. Members of the City Council shall be elected from Council Districts 1 and 2 beginning at the General Municipal Election in November 2020, and every four (4) years thereafter, as such Council Districts shall be amended.
(Ord. No. 284, § 1, 3-13-2018)
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 this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.
(88-36 § 1)
As used in this Chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this 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 this City, requiring the combined forces of other political subdivisions to combat.
(88-36 § 2)
The City of Twentynine Palms Disaster Council ("Disaster Council") is hereby created and shall consist of the following:
(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 this City, adopted pursuant to this Chapter; and
(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.
(88-36 § 3)
It shall be the duty of the Disaster Council, and it is hereby, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and 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.
(88-36 § 4)
(a)
There is hereby created the Office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
(b)
There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director.
(88-36 § 5)
(a)
The Director is hereby 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 with seven (7) days thereafter or the proclamation shall have no further force or effect;
(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 this City; and resolve questions of authority and responsibility that may arise between them;
(5)
Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and
(6)
In the event of the proclamation of a "local emergency" as herein provided, 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 hereby 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 and to bind the City for the fair value thereof and, if required immediately, to 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 Manager, all of the special powers conferred upon him by this Chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, 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 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 City Council.
(c)
The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, 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.
(88-36 § 6)
All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.20.060(a)(6)(C), be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City of Twentynine Palms.
(88-36 § 7)
The Disaster Council shall be responsible for the development of the City's Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this 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.
(88-36 § 8)
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.
(88-36 § 9)
It shall be a misdemeanor, punishable by a fine of not to exceed Five Hundred Dollars ($500.00), or by imprisonment for not to exceed six (6) 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 this City, or to prevent, hinder, or delay the defense or protection thereof; or
(c)
Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State.
(88-36 § 10)
A.
The purpose of this Ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants or committees to be completed electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act.
B.
While electronic filing of statements will be mandated under this Ordinance, the City Clerk, as the City's filing officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk's discretion, under certain circumstances, and to accommodate an Americans with Disabilities Act (ADA) request.
(Ord. 297 § 2, 2022)
A.
An elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act or designated in the City's local conflict of interest code adopted pursuant to Government Code Section 87300 shall file any required Statement of Economic Interests (Form 700) online or electronically with the City Clerk. Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described Government Code 8415(a).
B.
The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, and the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk.
C.
If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, a Statement in paper format shall be filed with the City Clerk.
D.
The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615.
(Ord. 297 § 2, 2022)
Pursuant to the Political Reform Act of 1974, Government Code Section 87300 et seq., and Section 18730 of Title 2 of the California Code of Regulations, the city adopts the model conflict of interest code promulgated by the Fair Political Practices Commission of the State of California as set forth in Section 18730 of Title 2 of the California Code of Regulations, which model conflict of interest code is incorporated herein by reference, and which, together with the list of designated positions and the disclosure categories applicable to each designated position to be adopted by resolution of the city council as provided in section 2.28.030 of this chapter, collectively constitutes the city's conflict of interest code. As the model conflict of interest code set forth in Section 18730 of Title 2 of the California Code of Regulations is amended from time to time by State law, regulatory action of the Fair Political Practices Commission, or judicial determination, the portion of the city's conflict of interest code comprising the model conflict of interest code shall be deemed automatically amended without further action to incorporate by reference all such amendments to the model conflict of interest code so as to remain in compliance therewith. Nothing in this chapter or in the resolution referred to in Section 2.28.030 shall supersede the independent applicability of Government Code Section 87200.
(Ord. No. 307, § 2, 9-26-2023)
The definitions contained in the Political Reform Act of 1974 and in the regulations of the Fair Political Practices Commission, and any amendments to either of the foregoing, are incorporated by reference into this conflict of interest code.
(Ord. No. 307, § 2, 9-26-2023)
The city council from time to time, by resolution, shall designate those positions, the holders of which shall be required to file statements of economic interests, and shall further designate the disclosure categories applicable to each designated position. The resolution adopted by the city council shall constitute the Appendix referred to in subdivision (b)(2) of Section 18730 of Title 2 of the California Code of Regulations. It shall be determined in such resolution that the persons holding such positions make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Statements of economic interests shall be filed with the city clerk who shall receive said statements on behalf of the code reviewing body.
(Ord. No. 307, § 2, 9-26-2023)
Nothing contained in this chapter is intended to modify or abridge the provisions of the Political Reform Act of 1974, Government Code Section 81000 et seq., or the regulations of the Fair Political Practices Commission, Title 2 California Code of Regulations Section 18109 et seq. The provisions of this chapter are additional to the Political Reform Act and regulations of the Fair Political Practices Commission. This chapter shall be interpreted in a manner consistent with the Political Reform Act and the regulations of the Fair Political Practices Commission. In the event of any inconsistency between the provisions of this chapter, on the one hand, and the Political Reform Act and/or the regulations of the Fair Political Practices Commission, on the other hand, the provisions of the Political Reform Act and regulations of the Fair Political Practices Commission shall govern.
(Ord. No. 307, § 2, 9-26-2023)
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.
(Ord. No. 307, § 2, 9-26-2023)
ADMINISTRATION OF PERSONNEL
The office of the City Manager of the City of Twentynine Palms is hereby created and established. The City Manager 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.
(7-2 § 1)
Residence in the City at the time of appointment of a City Manager shall not be required as a condition of the appointment, but within one hundred eighty (180) days after reporting for work the City Manager must become a resident of the City unless the City Council approves his residence outside the City.
(87-2 § 2)
No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such City Council member shall have ceased to be a member of the City Council.
(87-2 § 3)
The City Manager and Acting City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by said City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager and Acting City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City.
(87-2 § 4)
The Assistant City Manager shall serve as manager pro tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Manager, by filing a written notice with the City Clerk, shall designate a qualified city employee to exercise the powers and perform the duties of City Manager during his temporary absence or disability. In the event the City Manager's absence or disability extends over a two (2) month period, the City Council may, after the two (2) month period, appoint an Acting City Manager.
(87-2 § 5)
The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine. In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.
(87-2 § 6)
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 following powers:
(a)
Law Enforcement. It shall be the duty of the City Manager 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.
(b)
Authority Over Employees. It shall be the duty of the City Manager, 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 through their department heads.
(c)
Power of Appointment and Removal. It shall be the duty of the City Manager to, and he shall appoint, remove, promote and demote any and all officers and employees of the City, except the City Attorney and Treasurer.
(d)
Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of officers, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business.
(e)
Ordinances. It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary.
(f)
Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless at his request he is excused therefrom by the Mayor individually or the City Council, except when his removal is under consideration.
(g)
Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City.
(h)
Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.
(i)
Expenditure Control and Purchasing. It shall be the duty of the City Manager 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. Further, it shall be the duty of the City Manager 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 said City.
(j)
Public Buildings. It shall be the duty of the City Manager 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.
(k)
Additional Duties. It shall be the duty of the City Manager 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 official action of the City Council.
(87-2 § 7)
(Ord. No. 325, § 4(Exh. A), 10-14-2025)
(a)
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, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual councilman shall give any orders or instructions to the City Manager. The City Council shall instruct the City Manager in matters of policy.
(b)
Departmental Cooperation. It shall be the duty of all subordinate officers and the City Clerk, City Treasurer and City Attorney to assist the city Manager in administering the affairs of the City efficiently, economically and harmoniously.
(c)
Attendance at Commission Meetings. The City Manager or authorized representative may attend any and all meetings of the Planning Commission and any other commissions, boards or committees created by the City Council, upon his own volition or upon direction of the City Council. At such meetings which the City Manager 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.
(87-2 § 8.1—8.3)
The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in a regular Council meetings.
(87-2 § 9.1)
Nothing in this Chapter shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this Chapter.
(87-2 § 10)
Regular Meetings of the City Council of the City of Twentynine Palms shall be held at 6136 Adobe Road, in the City of Twentynine Palms and until further notice this shall be the regular meeting place of the City Council.
(87-4 § 1; as amd by 88-20 § 3 and 88-29 § 3)
The compensation of each City Councilmember shall be Four Hundred Sixty-Five Dollars ($465.00) per month. Councilmembers also shall be reimbursed for travel at the rate of 0.225 per mile and for out-of-pocket expenses.
(87-13 § 1; as amd by 88-31 § 1; as amd by 166 § 1)
Ordinance 88-20 is repealed.
(88-29 § 2)
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.
(88-18 § 1)
The terms used to administer the personnel system shall be defined in the personnel rules.
(88-18 § 2)
The City Manager 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 2.08.130. The City Manager 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 Chapter and the personnel rules of the City; and
(f)
Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; 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.
(88-18 § 3)
The provisions of this Chapter shall apply to all offices, positions and employments in the service of the City, except:
(a)
Elective officers;
(b)
The City Manager and any assistants to the City Manager;
(c)
The City Attorney and any assistant or deputy city attorneys;
(d)
Members of appointive boards, commissions, and committee;
(e)
All department heads;
(f)
Persons engaged under contract to supply expert, professional, technical or any other service;
(g)
Volunteer personnel, such as volunteer firemen;
(h)
All Council appointed city officers;
(i)
Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property;
(j)
Employees, other than those listed elsewhere in this Section, who 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 and forty (1,040) 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; and
(l)
Employees not included in the competitive service under this Section shall serve at the pleasure of their appointing authority.
(88-18 § 4)
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 probational testing periods;
(f)
Evaluation of employees during the probationary testing period and thereafter;
(g)
Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;
(h)
Separation of employees from the city service;
(i)
The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements; and
(j)
The establishment of any necessary appeal procedures.
(88-18 § 5)
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 be 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 combinations 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 Manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.
The appointing authority of employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer or employee of the City.
(88-18 § 6)
All regular appointments, including promotional appointments, shall serve a probationary period for a length of time as set forth in personnel rules adopted pursuant to this Chapter. The appointing authority may extend such a probationary period as provided for in adopted personnel rules. The probationary period shall commence from the date of appointment. During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or any grievance procedure. Additional regulations governing probationary periods may be established by the adoption of personnel rules.
(88-18 § 7; as amd. by 88-37 § 3)
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 a 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.
(88-18 § 8)
The City Manager or any appointing power shall have the authority to demote, discharge, reprimand orally or in writing, reduce in pay, or suspend, any regular employee for cause.
(88-18 § 9)
Any employee in the competitive service shall have the right to appeal a disciplinary action, except in those instances where the right of appeal is specifically prohibited by this Chapter or the rules adopted thereunder.
All disciplinary actions appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this Chapter.
(88-18 § 10)
Layoff and reemployment actions shall follow the process outlined in the personnel rules.
(88-18 § 11)
The political activities of City employees shall conform to pertinent provisions of State law and any local provision adopted pursuant to State law.
(8818 § 12)
The City Manager 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.
(88-18 § 13)
The Contract between the City Council of the City of Twentynine Palms and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said Contract is on file in the office of the City Clerk of the City, and by such reference made a part hereof as though herein set out in full.
(89-43 § 1)
The Mayor of the City Council is hereby authorized, empowered, and directed to execute said Contract for and on behalf of said Agency.
(89-43 § 2)
Commencing with the general municipal election to occur during 1990, general municipal elections of the City shall be held on the same day as the statewide general election, the first Tuesday after the first Monday of November in each even-numbered year.
(89-57 § 2)
(a)
Those council members of the City whose terms of office would have, prior to the adoption of the ordinance codified in this Chapter, expired following the April, 1990, general municipal election shall, instead, continue in office until no later than the fourth Tuesday after the day of the November, 1990, general municipal election of the City.
(b)
Those council members of the City whose terms of office would have, prior to the adoption of the ordinance codified in this Chapter, expired following the April, 1992, general municipal election shall, instead, continue in office until no later than the fourth Tuesday after the day of the November, 1992, general municipal election of the City.
(89-57 § 3)
Pursuant to California Government Code Section 34886 and the schedule established in Section 2.16.050 of this Chapter, beginning in November 2018, members of the City Council shall be elected on a by-district basis from five (5) single-member Council Districts. The City's by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (a).
(Ord. No. 284, § 1, 3-13-2018)
A.
Pursuant to Section 2.16.030 of this Chapter, members of the City Council shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (a), from the five (5) Council Districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law:
1.
Council District 1 shall comprise all that portion of the City reflected on Exhibit A.
2.
Council District 2 shall comprise all that portion of the City reflected on Exhibit A.
3.
Council District 3 shall comprise all that portion of the City reflected on Exhibit A.
4.
Council District 4 shall comprise all that portion of the City reflected on Exhibit A.
5.
Council District 5 shall comprise all that portion of the City reflected on Exhibit A.
B.
Members of the City Council shall be elected in the electoral districts established by this Section and subsequently reapportioned pursuant to applicable State and federal law.
C.
Except as provided in subdivision D herein and notwithstanding any other provision of this Chapter, once this Ordinance is fully phased in, each member of the City Council elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227. Termination of residency in a district by a member of the City Council shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency.
D.
Notwithstanding any other provision of this Section, and consistent with the requirements of California Government Code Section 36512, the members of the City Council in office at the time the Ordinance codified in this Chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each member of the City Council that member of the City Council's successor shall be elected on a by-district basis in the districts established in this Section and as provided in this Chapter.
(Ord. No. 284, § 1, 3-13-2018)
Editor's note— Exhibit A of Ord. No. 284, § 3, adopted March 13, 2018, is incorporated by reference.
Except as otherwise required by California Government Code Section 36512, the members of the City Council shall be elected from Council Districts 3, 4, and 5 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. Members of the City Council shall be elected from Council Districts 1 and 2 beginning at the General Municipal Election in November 2020, and every four (4) years thereafter, as such Council Districts shall be amended.
(Ord. No. 284, § 1, 3-13-2018)
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 this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.
(88-36 § 1)
As used in this Chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this 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 this City, requiring the combined forces of other political subdivisions to combat.
(88-36 § 2)
The City of Twentynine Palms Disaster Council ("Disaster Council") is hereby created and shall consist of the following:
(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 this City, adopted pursuant to this Chapter; and
(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.
(88-36 § 3)
It shall be the duty of the Disaster Council, and it is hereby, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and 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.
(88-36 § 4)
(a)
There is hereby created the Office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
(b)
There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director.
(88-36 § 5)
(a)
The Director is hereby 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 with seven (7) days thereafter or the proclamation shall have no further force or effect;
(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 this City; and resolve questions of authority and responsibility that may arise between them;
(5)
Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and
(6)
In the event of the proclamation of a "local emergency" as herein provided, 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 hereby 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 and to bind the City for the fair value thereof and, if required immediately, to 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 Manager, all of the special powers conferred upon him by this Chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, 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 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 City Council.
(c)
The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, 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.
(88-36 § 6)
All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.20.060(a)(6)(C), be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City of Twentynine Palms.
(88-36 § 7)
The Disaster Council shall be responsible for the development of the City's Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this 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.
(88-36 § 8)
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.
(88-36 § 9)
It shall be a misdemeanor, punishable by a fine of not to exceed Five Hundred Dollars ($500.00), or by imprisonment for not to exceed six (6) 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 this City, or to prevent, hinder, or delay the defense or protection thereof; or
(c)
Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State.
(88-36 § 10)
A.
The purpose of this Ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants or committees to be completed electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act.
B.
While electronic filing of statements will be mandated under this Ordinance, the City Clerk, as the City's filing officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk's discretion, under certain circumstances, and to accommodate an Americans with Disabilities Act (ADA) request.
(Ord. 297 § 2, 2022)
A.
An elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act or designated in the City's local conflict of interest code adopted pursuant to Government Code Section 87300 shall file any required Statement of Economic Interests (Form 700) online or electronically with the City Clerk. Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described Government Code 8415(a).
B.
The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, and the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk.
C.
If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, a Statement in paper format shall be filed with the City Clerk.
D.
The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615.
(Ord. 297 § 2, 2022)
Pursuant to the Political Reform Act of 1974, Government Code Section 87300 et seq., and Section 18730 of Title 2 of the California Code of Regulations, the city adopts the model conflict of interest code promulgated by the Fair Political Practices Commission of the State of California as set forth in Section 18730 of Title 2 of the California Code of Regulations, which model conflict of interest code is incorporated herein by reference, and which, together with the list of designated positions and the disclosure categories applicable to each designated position to be adopted by resolution of the city council as provided in section 2.28.030 of this chapter, collectively constitutes the city's conflict of interest code. As the model conflict of interest code set forth in Section 18730 of Title 2 of the California Code of Regulations is amended from time to time by State law, regulatory action of the Fair Political Practices Commission, or judicial determination, the portion of the city's conflict of interest code comprising the model conflict of interest code shall be deemed automatically amended without further action to incorporate by reference all such amendments to the model conflict of interest code so as to remain in compliance therewith. Nothing in this chapter or in the resolution referred to in Section 2.28.030 shall supersede the independent applicability of Government Code Section 87200.
(Ord. No. 307, § 2, 9-26-2023)
The definitions contained in the Political Reform Act of 1974 and in the regulations of the Fair Political Practices Commission, and any amendments to either of the foregoing, are incorporated by reference into this conflict of interest code.
(Ord. No. 307, § 2, 9-26-2023)
The city council from time to time, by resolution, shall designate those positions, the holders of which shall be required to file statements of economic interests, and shall further designate the disclosure categories applicable to each designated position. The resolution adopted by the city council shall constitute the Appendix referred to in subdivision (b)(2) of Section 18730 of Title 2 of the California Code of Regulations. It shall be determined in such resolution that the persons holding such positions make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Statements of economic interests shall be filed with the city clerk who shall receive said statements on behalf of the code reviewing body.
(Ord. No. 307, § 2, 9-26-2023)
Nothing contained in this chapter is intended to modify or abridge the provisions of the Political Reform Act of 1974, Government Code Section 81000 et seq., or the regulations of the Fair Political Practices Commission, Title 2 California Code of Regulations Section 18109 et seq. The provisions of this chapter are additional to the Political Reform Act and regulations of the Fair Political Practices Commission. This chapter shall be interpreted in a manner consistent with the Political Reform Act and the regulations of the Fair Political Practices Commission. In the event of any inconsistency between the provisions of this chapter, on the one hand, and the Political Reform Act and/or the regulations of the Fair Political Practices Commission, on the other hand, the provisions of the Political Reform Act and regulations of the Fair Political Practices Commission shall govern.
(Ord. No. 307, § 2, 9-26-2023)
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.
(Ord. No. 307, § 2, 9-26-2023)