Resolution 1998-31
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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:
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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;
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(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
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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
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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
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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:
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ATTEST:
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Rhonda Pellin,-City Clerk
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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)