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Home My WebLink AboutOrdinances - No. 1955ORDINANCE NO. 1955 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND PERSONNEL — BY REPEALING AND RE-ENACTING SECTION 2.12.110, "LEGISLATIVE POWER OF COUNCIL, LIBRARY JURISDICTION," IN ITS ENTIRETY; REPEALING AND RE-ENACTING SECTION 2.44.040, "APPOINTING AUTHORITIES," IN ITS ENTIRETY; AND FURTHER ENACTING CHAPTER 2.38, "BOARD OF LIBRARY TRUSTEES" Section 1. Lodi Municipal Code Title 2 — Administration and Personnel — Chapter 2.12, "City Manager," Section 2.12.110, "Legislative Powers of Council — Library Jurisdiction," is hereby repealed in its entirety and re-enacted to read as follows: 2.12.110 Legislative powers of council — Library jurisdiction. A. There is retained to the city council the sole power of being the policy making and legislative body for the city, and the duties and powers of the city manager are expressly confined to the administration service of the city. B. The city manager shall have no power to administer the affairs of the city library nor shall he have any control or direction over the board of trustees or the library. However, the city manager shall exercise direction over the library director's employment practices. Section 2. Lodi Municipal Code Title 2 — Administration and Personnel — Chapter 2.44, "Personnel System," Section 2.44.040, "Appointing Authorities," is hereby repealed in its entirety and re-enacted to read as follows: 2.44.040 Appointing authorities. The appointing authorities are the city council, in the case of the city manager, city attorney, city clerk and city treasurer; the library board, in the case of the library director; and the city manager, for all other employees. These appointing authorities, in whom is vested by law the power to make appointments, transfers, promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss employees, shall retain such power, subject to the provisions of this chapter and the rules established under this chapter. In addition the city manager shall have the authority to discipline or dismiss the library director based on employment practices. Section 3, Lodi Municipal Code Chapter 2.38 "Board of Library Trustees" is hereby added to Title 2 "Administration and Personnel" and enacted to read as follows: CHAPTER 2.38 Board of Library Trustees 2.38.010 — Creation Pursuant to authority of Education Code Section 18900, et seq., as amended from time to time, there is created a city library board of trustees. 2.38.020 — Appointment of board of trustees The public library shall be managed by a board of library trustees, consisting of five members, to be appointed by the mayor with the consent of the city council. 2.38.030 — Term of office and compensation Each trustee shall hold office for three years beginning July 1st and ending on June 30th, or when a trustee's successor is appointed and qualified, whichever occurs last. The members of the first board so appointed shall so classify themselves by lot that one of their number shall go out [of] office at the end of the current fiscal year, two at the end of one year thereafter, and three at the end of two years thereafter. Each trustee shall serve without compensation unless the city council, by ordinance, otherwise provides for compensation which shall not exceed fifty dollars per month. 2.38.40 —Termination for absences A. The appointment of any trustee absent from three consecutive regular or special meetings without approval of the library board of trustees, confirmed by majority vote of the board, shall be terminated and the city clerk notified thereof. B. The city clerk then shall notify any member whose appointment has been terminated and report to the city council that a vacancy exists on said board and that an appointment should be made for the unexpired term. C. A trustee may be granted a leave of absence by the city council, and a temporary vacancy shall thereupon exist for the period of such leave of absence. During the period of such temporary vacancy, the council may fill such vacancy by a temporary appointment to said board, provided, however, that the period of such temporary appointment shall not exceed the period of the temporary vacancy. At the expiration of a leave of absence so granted, the member shall automatically resume full and permanent membership on said board. 2.38.050 — Vacancies Vacancies shall be filled by appointment by the mayor with the consent of the city council for the unexpired term in the same manner as the original appointments are made. 2.38.060 — Monthly meetings The board of library trustees shall meet at least once a month at such times and places as may be fixed by resolution. 2 2.38.070 — Special meetings Special meetings may be called by the chair or by a majority of the trustees, the city manager, and/or the city council provided written notice is given 48 hours in advance of the special meeting to the following: each trustee, the city manager, and anyone filing written request for notice with the city clerk. Notice of meetings shall comply in all respects with Section 54950 et seq., of the Government Code, known commonly as the Ralph M. Brown Act, and include posting on the library website. 2.38.080 — Quorum A majority of the board shall constitute a quorum for the transaction of business. 2.38.090 — President and chairperson per tem The board shall appoint one of its number president, who shall serve for one year and until his successor is appointed, and in his absence shall select a chairperson pro tem. 2.38.100 — Record of proceedings The board shall cause a proper record of its proceedings to be kept. 2.38.110 — Rules, regulations and by-laws Pursuant to the provisions of Education Code Section 18900, et seq., as amended from time to time, the board of library trustees may make and enforce all rules, regulations, and by-laws necessary for the administration, government, and protection of the libraries under its management, and all property belonging thereto. Section 4. Severability- If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 5. 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 6. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 7. Effective Date. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this 1St day of August, 2018 at�A� ALAN NAKANISHI Mayor ATTEST: -��.I .. ��■ ■ . • • ,ty Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1955 was introduced at a regular meeting of the City Council of the City of Lodi on July 18, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held August 1, 2018 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1955 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form- JANICE D. MAGDICH City Attorney 4 NIFER FERRAIOLO ity Clerk