HomeMy WebLinkAboutAgenda Report - June 15, 2005 K-05AGENDA ITEM K- O 5
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Introduce Ordinance Amending Title 2, "Administration and Personnel" of the Lodi
Municipal Code by adding Chapters 2.13 and 2.14 Relating to the City Clerk and
City Attorney
MEETING DATE: June 15,2005
PREPARED BY: D. Stephen Schwabauer, City Attorney
RECOMMENDED ACTION: Introduce OrdinanceAmending Title 2, "Administration and
Personnel' of the Lodi Municipal Code by adding Chapters 2.13 and
2.14 Relating to the City Clerk and City Attorney.
BACKGROUND INFORMATION: The Ordinance revisions are proposed jointly by the City Manager,
City Attorney and City Clerk to clarify that the City Attorney and City
Clerk are expected to report their advice, requests and
recommendations directly to the City Council, rather than through
the City Manager.
FUNDING: NIA
FISCAL IMPACT: None
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APPROVED:
Blair Kinge6ity Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING TITLE 2, "ADMINISTRATION AND PERSONNEL" OF
THE LODI MUNICIPAL CODE BY ADDING CHAPTERS 2.13 AND
2.14 RELATING TO THE CITY CLERK AND CITY ATTORNEY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Title 2, "Administration and Personnel' of the Lodi Municipal Code is
hereby amended by adding thereto Chapter 2.13 relating to the City Clerk and shall read
as follows:
CHAPTER 2.13 - CITY CLERK
The City Clerk shall be appointed by the City Council. The City Council shall prescribe
the qualifications, additional duties and compensation of the City Clerk. The City Clerk
shall report his or her advice, recommendations and requests directly to the City Council.
The City Clerk is the custodian of the city seal, and shall perform the functions and
duties of the City Clerk as specified in California Government Code §40801 et seq. and
other state and local statutes.
SECTION 2. Title 2, "Administration and Personnel' of the Lodi Municipal Code is
hereby amended by adding thereto Chapter 2.14 relating to the City Attorney and shall
read as follows:
CHAPTER 2.14 - CITY ATTORNEY
The City Attorney shall be appointed by the City Council and shall serve as legal counsel
to the City government and all officers, departments, boards, commissions and agencies
thereof and shall have such other powers and duties as may be prescribed by state law
and by ordinance or resolution of the City Council. In situations where the City Attorney
determines there is a conflict in representation by that office, the City Council may
authorize the retention of other legal counsel to represent one of the conflicting parties.
The City Attorney shall report his or her advice, recommendations and requests directly
to the City Council.
SECTION 3 - No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. This ordinance shall be published one time in the "Lodi News Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi, and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this day of , 2005.
JOHN BECKMAN
Mayor
Attest:
SUSAN J. BLACKSTON
City Clerk
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. was introduced at a regular meeting of the City Council of the City
of Lodi held June 15, 2005, and was thereafter passed, adopted, and ordered to print at
a regular meeting of said Council held ,2005, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
2
SUSAN J. BLACKSTON
City Clerk