HomeMy WebLinkAboutAgenda Report - November 17, 2010 K-09AGENDA ITEM K-09
'• CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1842 Entitled, "An Ordinance of the City Council of the City of Lodi
Amending Lodi Municipal Code Chapter 2.44 — Personnel System — by Repealing
and Re -Enacting Sections 2.44.070, 'Composition of Board -Vacancies,' and
2.44.100, `Hearing of Appeals,' Relating to Expanding Board Membershipfrom
Three to Five and Making Board Decisions Advisory to the City Manager"
MEETING DATE:
PREPARED BY:
November 17,2 010
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1842.
BACKGROUND INFORMATION: Ordinance No. 1842 entitled, "An Ordinance of the City Council of
the City of Lodi Amending Lodi Municipal Code Chapter 2.44 —
Personnel System — by Repealing and Re -Enacting Sections
2.44.070, `Composition of Board -Vacancies,' and 2.44.100, `Hearing of Appeals,' Relating to Expanding
Board Membership from Three to Five and Making Board Decisions Advisory to the City Manager," was
introduced at the regular City Council meeting of November 3, 2010.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
exceptfor urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introductionor at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cad. Gov't Code§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
RJ/JMR
Attachments
None.
None required.
Ohl
City Clerk
APPROVED:
1V
council/councom/0rd1nance 1.doc
m City Manager
ORDINANCE NO. 1842
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE CHAPTER 2.44 — PERSONNEL
SYSTEM — BY REPEALING AND RE-ENACTING SECTIONS 2.44.070,
"COMPOSITION OF BOARD -VACANCIES," AND 2.44.100, "HEARING
OF APPEALS," RELATING TO EXPANDING BOARD MEMBERSHIP
FROM THREE TO FIVE AND MAKING BOARD DECISIONS ADVISORY
TO THE CITY MANAGER
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Section 2.44.070, "Composition of Board—Vacancies,"
is hereby repealed and reenacted and shall read as follows:
2.44.070 Composition of Board —Vacancies
The personnel board of review created under this article shall consist of five
members to be appointed by the City Council. Vacancies on the personnel board, from
whatsoever cause, shall be filled by appointment by the City Council. Three of the five
members shall constitute a quorum and may conduct business.
Section 2. Lodi Municipal Code Section 2.44.100, "Hearing of Appeals," is hereby
repealed and reenacted and shall read as follows:
2.44.100 Hearing of Appeals
A. As provided in this article, by rule adopted hereunder or by memoranda of
understanding between the city and employees' bargaining units, the board shall hear
appeals by any person in the classified service relative to any situation involving the
employees'status or conditions of employment, including disciplinary matters.
B. Unless provisions to the contrary contained in any memoranda of
understandingor pertinent law require otherwise, the findings and actions of the board are
deemed advisory only to the City Manager. If memoranda of understanding or law provide
differently, then such findings or actions shall be deemed final action by the City and
reviewable under administrative mandamus provisions of state law.
Section 3. This ordinance is not intended to and shall not be construed or given effect in
a mannerwhich imposes upon the City, or any officer or employee thereof, a mandatoryduty
of care towards persons or propertywithin the City or outside of the City so as to provide a
basis of civil liabilityfor 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 newspaperof general circulation printed and published in the Cityof Lodi, and shall be
in force and take effect 30 days from and after its passage and approval.
Approved this 17" day of November, 2010.
PHIL KATZAKIAN
Mayor
Attest:
RAN L
City Clerk
State of California
County of San Joaquin, ss.
I, RandiJohl, City Clerkcf the City of Lodi, do hereby certify that Ordinance No. 1842
was introducedat a regularmeeting of the City Council of the Cityof Lodi held November3,
2010, and was thereafter passed, adopted, and ordered to printata regularmeetingof said
Council held November 17, 2010, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce,
and Mayor Katzakian
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
I further certify that Ordinance No. 1842was approvedand signed bythe Mayorof
the date cf its passage and the same has been published pursuant to law.
R o
City Clerk
Approved as to Form:
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