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Resolution 1998-31 . . ~ RESOLUTION 98-31 A RESOLUTION OF THE CITY COUNCil- OF THE CITY OF Gil-ROY PROPOSING AMENDMENTS TO THE CITY CHARTER AND DIRECTING SAID AMENDMENTS TO BE SUBMITTED TO THE ELECTORS OF THE CITY WHEREAS, pursuant to the Charter of the City of Gilroy Section 1505 and Government Code section 34458, the City Council is authorized to propose amendments to the Charter and submit said amendments to the electors of this City for ratification; and WHEREAS, the City Council desires to propose amendments to the Charter to update certain Charter provisions, to delete a provision relating to the adoption of the first administrative code of the City of Gilroy, and to update the authority of the City Administrator over certain budgetary matters; and WHEREAS, the existing Charter provisions proposed for amendment are Sections 800,811,1000, and 1104. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil- OF THE CITY OF Gil-ROY as follows: Section I. Pursuant to law, this City Council proposes the herein described amendments to the Charter of the City of Gilroy and directs that the herein described amendments shall be duly submitted to the electors of said City for ratification at a Special Municipal Election, said election to be consolidated with the general municipal election to be held on November 3, 1998. Section n. To update provisions of the Charter, the Charter is proposed to be amended as follows: ( a) By amending Section 811 so that Section 811 of the Charter shall read in its entirety as follows: -1- \MSD\41298601 RESOLUTION NO. 98-31 . . Section 811. Discrimination. Except as otherwise provided by the general laws of this State heretofore or hereafter enacted, no person employed by the City or seeking employment therewith shall be employed, refused employment, promoted, demoted, disciplined or discharged or in any way favored or discriminated against because of political opinion or affiliations or membership in a lawful employees association or because of race, color, religion, gender, national origin, age, sexual orientation, physical or mental disability or veteran status. Section 811 currently reads as follows: Section 811. Discrimination. Except as otherwise provided by the general laws of this State heretofore or hereafter enacted, no person employed by the City or seeking employment therewith shall be employed, refused employment, promoted, demoted, disciplined or discharged or in any way favored or discriminated against because of political opinion or affiliations or membership in a lawful employee association, or because of race or religious belief. (b) By amending subdivision (6) of subsection (a) in Section 1000 so that Section 1000 of the Charter shall read in its entirety as follows: Section 1000. Competitive and General Service. The Administrative Service of the City shall be divided into the General Service and the Competitive Service. (a) The General Service shall comprise the following offices and positions: (1) All elective offices; (2) All members of boards and commissions; (3) The City Administrator and his deputies, if any, the City Clerk, the City Attorney and his deputies, if any, and the head of each department; (4) Persons employed for a special or temporary purpose; and positions of any class or grade exempted from the competitive service for a maximum period of six (6) months in any calendar year; (5) Persons employed to render professional, scientific, technical or expert services of an occasional or exceptional character; (6) Part-time positions or employments, and voluntary personnel. (b) The Competitive Service shall consist of all positions in the City Administrative Service which are not in the General Service. Section 1000 currently reads as follows: Section 1000. Competitive and General Service. The Administrative Service of the City shall be divided into the General Service and the Competitive Service. (a) The General Service shall comprise the following offices and positions: (1) All elective offices; -2- IMSD\412986.01 RESOLUTION NO. 98-31 . . (2) All members of boards and commissions; (3) The City Administrator and his deputies, if any, the City Clerk, the City Attorney and his deputies, if any, and the head of each department; (4) Persons employed for a special or temporary purpose; and positions of any class or grade exempted from the competitive service for a maximum period of six (6) months in any calendar year; (5) Persons employed to render professional, scientific, technical or expert services of an occasional or exceptional character; (6) Part time positions or employments, school crossing guards, and voluntary personnel. (b) The Competitive Service shall consist of all positions in the City Administrative Service which are not in the General Service. (c) By amending paragraph 3 of Section 1104 so that Section 1104 of the Charter shall read in its entirety as follows: Section 1104. Budget: Appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, agencies and departments for the respective objects and purposes therein specified. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, except as otherwise provided by this Charter. At any meeting after the adoption of the budget the Council may amend or supplement the budget so as to authorize the transfer of balances appropriated for one purpose to another purpose, or to appropriate available revenue not appropriated in the budget. No officer, department or agency of the City shall, during any fiscal year, expend or incur any obligation to expend money for any purposes not authorized by or in excess of the amounts appropriated by any budget, as amended, that would affect the total appropriations of any fund or department. The City Administrator is authorized to transfer unused budgetary amounts from one account to another as long as the total appropriations authorized by City Council for any fund or department are not affected by the transfer. Section 1104 currently reads as follows: Section 1104. Budget: Appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, agencies and departments for the respective objects and purposes therein specified. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, except as otherwise provided by this Charter. At any meeting after the adoption of the budget the Council may amend or supplement the budget so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available -3- IMSD\41298601 RESOLUTION NO. 98-31 . . revenue not appropriated in the budget. No officer, department or agency of the City shall, during any fiscal year, expend or incur any obligation to expend money for any purposes not authorized by or in excess of the amounts appropriated by any budget, as amended, for a given classification or expenditure. Section III. To delete a provision of the Charter relating to the adoption of the first administrative code of the City of Gilroy, the Charter is proposed to be amended as follows: (a) By deleting a portion of paragraph 3 of Section 800 so that Section 800 of the Charter shall read in its entirety as follows: Section 800. City Administrative Organization. The Council shall provide by ordinance, not inconsistent with this Charter, for the organization, conduct and operation of the several offices, departments and other agencies of the City. It may further provide by ordinance for the creation of additional departments, divisions, offices and agencies or for their alteration or abolition or for their assignment and reassignment to departments. Each new department so created shall be headed by an officer as department head who shall be appointed and removed by the City Administrator with the consent of the Council. Subject to the provisions of this Charter, the council shall provide by ordinance or resolution for the number, titles, qualifications, powers, duties and compensation of all officers and employees. The Council by ordinance may assign additional functions or duties to officers, departments or other agencies established by this Charter, but shall not discontinue or assign to any other office, department, or any other agency any function or duty assigned by this Charter to a particular office, department or agency. When the positions are not incompatible, the Council may combine in one person the powers and duties of two (2) or more offices. The administrative code of the City shall provide for a complete plan of administrative organization of the City government, and provide for the powers, duties, responsibilities, obligations and procedures of the officers and employees of the City, including rules and regulations of the City departments adopted by ordinance. Rules and regulations governing administrative procedures of the City government, such as those covering personnel, budgeting, accounting and purchasing methods, shall be included in the administrative code. The code shall be amended by ordinance as necessary or advisable to keep it up to date. Sufficient copies shall be available for all officers of the City and other interested citizens. Notwithstanding the foregoing, the Council may transfer or consolidate functions of the City government, to or with appropriate functions of the State or County government, and in case of any such transfer or consolidation, the provisions of this Charter providing for the function of the City government so transferred or consolidated shall be deemed suspended during the continuance of such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in the ordinance establishing such transfer or -4- IMSD\412986.01 RESOLUTION NO. 98-31 . . ... , . .. consolidation. Any such transfer or consolidation may be repealed by ordinance. Section 800 currently reads as follows: Section 800. City Administrative Organization. The Council shall provide by ordinance, not inconsistent with this Charter, for the organization, conduct and operation of the several offices, departments and other agencies of the City. It may further provide by ordinance for the creation of additional departments, divisions, offices and agencies or for their alteration or abolition or for their assignment and reassignment to departments. Each new department so created shall be headed by an officer as department head who shall be appointed and removed by the City Administrator with the consent of the Council. Subject to the provisions of this Charter, the Council shall provide by ordinance or resolution for the number, titles, qualifications, powers, duties and compensation of all officers and employees. The Council by ordinance may assign additional functions or duties to officers, departments or other agencies established by this Charter, but shall not discontinue or assign to any other office, department, or any other agency any function or duty assigned by this Charter to a particular office, department or agency. When the positions are not incompatible, the Council may combine in one person the powers and duties of two (2) or more offices. The City Administrator, within the earliest practicable time following the effective date of this Charter, shall cause to be prepared and submitted to the Council, and the Council, by ordinance, shall adopt an administrative code. Such code shall provide for a complete plan of administrative organization of the City government, and provide for the powers, duties, responsibilities, obligations and procedures of the officers and employees of the city, including rules and regulations of the City departments adopted by ordinance. Such code may be adopted by reference. Rules and regulations governing administrative procedures of the City government, such as those covering personnel, budgeting, accounting and purchasing methods, shall be included in the administrative code. The code shall be amended by ordinance as necessary or advisable to keep it up to date. Sufficient copies shall be available for all officers of the City and other interested citizens. Notwithstanding the foregoing, the Council may transfer or consolidate functions of the City government, to or with appropriate functions of the State or County government, and in case of any such transfer or consolidation, the provisions of this Charter providing for the function of the City government so transferred or consolidated shall be deemed suspended during the continuance of such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in the ordinance establishing such transfer or consolidation. Any such transfer or consolidation may be repealed by ordinance. III III -5- \MSD\412986.01 RESOLUTION NO. 98-31 . . PASSED AND ADOPTED this ISTII day ofJune, 1998 by the following vote: AYES: COUNCILl\.1EMBERS: GIFFORD, MORALES, ROWLISON SPRINGER, SUDOL, GILROY NOES: COUNCILl\.1EMBERS: NONE ABSENT: COUNCILl\.1EMBERS: ARELLANO APPROVED: rA~~~\ ATTEST: ~~JA" Rhonda Pellin,-City Clerk -6- IMSD\41298601 RESOLUTION NO. 98-31 . ~ . . "l: ~ f f" I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 98-31 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of June, 1998, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 8th day of July, 1998. ~dA{J~~. City Clerk of the "City of Gilroy (Seal)