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HomeMy WebLinkAbout2017-016 - Repealing Resolution 2005-051ACTING CITY MANAGER AUTHORITY SRC 5/2/17 RESOLUTION NO. 2017-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION 2005-051, DESIGNATING THE OFFICERS OF THE CITY AUTHORIZED TO EXERCISE THE AUTHORITY OF THE CITY MANAGER IN THE ABSENCE OF THE CITY MANAGER, AND DESIGNATING SALARY AND BENEFITS FOR THE ACTING CITY MANAGER AFTER SERVICE OF MORE THAN THIRTY DAYS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. By Resolution 2005-051 , the City Council deputized certain City officers with the power to act as city manager under certain circumstances. B. With changes among titles of officers of the City, the City Council finds it necessary and advisable to repeal resolution 2005-051; revise the order of delegation of powers of acting city manager; and establish the rules for compensating an acting city manager serving for more than 30 days. Section 2. Resolution 2005-051 is hereby repealed and shall have no further force or effect. Notwithstanding the foregoing, the repeal of said resolution shall have no effect upon any action taken by any city officer pursuant thereto prior to the effective date of this resolution. Section 3. In the absence of a written designation by the City Manager who is currently employed by the City and in accordance with Section 503 of the Santa Ana City Charter or in the absence of the City Council's appointment of an Acting City Manager, the following officers of the City, in the order designated, are deputized to exercise any and all authority granted to the office of the City Manager by the charter and ordinances of the City of Santa Ana, by any resolution or agreement approved by the City Council of the City of Santa Ana, or by any other legal authority: (1) Assistant City Manager (2) Deputy City Manager (3) Chief of Police (4) Executive Director of Finance and Management Services (5) Executive Director of Personnel Services Resolution No. 2017-016 Page 1 of 3 Each officer on the above list shall be considered senior to the officers following such officer on the above list for purposes of this resolution. For purposes of this Resolution, the term "City Manager" shall include any officer designated as "Acting City Manager" by the City Council. Section 4. Any person designated as the Acting City Manager either by the currently employed City Manager in accordance with Santa Ana City Charter Section 503 or by operation of this Resolution, and who serves for more than thirty (30) days, shall as of the 31st day of service receive the same compensation and benefits provided to the Police Chief as set forth in the Basic Compensation and Benefit Plan for Classes of Employment Designated as Unrepresented Executive Management plus one dollar ($1 .00); provided, however, that the Acting City Manager shall not receive any pay or benefits specific to law enforcement or public safety officers. The compensation and benefits provided for herein shall be retroactive to the 31st day of service. Nothing in this Resolution shall restrict the City Council's authority to enter into an agreement approved by a majority vote of the Council providing for different compensation, benefits and conditions of employment for an Acting City Manager. Section 5. The authority granted by section 3 of this Resolution shall only be exercised by the officers designated therein only in accordance with the following standards: (a) The authority shall be exercised only in the absence of the City Manager and all senior officers. (b) The authority shall be exercised only as to matters which cannot reasonably be postponed until the return of the City Manager or a senior officer or as to minor and routine matters. Section 6. No action by an officer designated in section 3 of this Resolution pursuant to the authority granted therein shall be invalid by reason of noncompliance with the standards set forth in section 4 of this resolution. However, the City Manager or a senior officer shall have the same authority to rescind such action as if such action had been taken by the City Manager or such senior officer in the first instance. Section 7. Nothing in this Resolution shall be construed to limit the existing authority of the City Manager to delegate matters for action by subordinate officers or employees or to designate subordinate officers or employees to act as his representative on any matter. Section 8. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2017-016 Page 2 of 3 ADOPTED this 2nd day of May, 2017. Mi• A. Pulido Mayor APPROVED AS TO FORM: By: 4t1 f11 Sonia R. Carval' o City Attorney AYES: Councilmembers Benavides, Martinez, Sarmiento, Solorio, Tinaiero, Villeqas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Pulido (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017-016 to be the original resolution adopted by the City Council of the City of Santa Ana on May 2, 2017. Date: 5/`f6o/ ) (1717 , /—> • R3r Maria D. Huizar Clerk of Council City of Santa Ana Resolution No. 2017-016 Page 3 of 3