Chapter 3. Officers

Article 1. City Manager

Sec. 2-3.101 Appointment.

The City Manager shall be appointed for an indefinite term by a majority vote of all members of the Council. (Adopted by Initiative March 15, 1988; this Section shall not be repealed or amended except by a future vote of the people. Elections Code § 4013)

Sec. 2-3.102 Qualifications and Eligibility.

The City Manager shall be chosen wholly on the basis of his administrative and executive ability and qualifications. No member of the Council shall during his term of office or for one year thereafter be eligible to hold the position of City Manager.

Sec. 2-3.103 Compensation.

The City Manager shall receive as compensation for services performed as City Manager such amount as may be established by the City Council by resolution or as provided for by agreement.

Sec. 2-3.104 Powers, Duties and Responsibilities.

The City Manager is the chief administrative officer of the City and he is responsible to the City Council. He is responsible for the efficient administration of all affairs of the City which are under his control. In addition to his general powers as administrative chief and not as a limitation on them, the City Manager shall have the following powers, duties and responsibilities:

(a) To devote his or her entire time to the discharge of official duties.

(b) To see that all laws are enforced.

(c) The City Council shall vest in the City Manager the power to appoint and remove all department heads and all other subordinate officers and employees, including the City Clerk and City Treasurer, and excluding the City Attorney. The City Manager shall have general supervision and control over all such employees and shall have the power to appoint, promote, demote, remove or otherwise discipline such employees subject to personnel rules and regulations, memoranda of understanding, and any other employment agreements. The City Manager may authorize department heads and any other subordinate officers to exercise the powers described above with respect to subordinates in each officer’s department, office or agency.

(d) To attend all meetings of the Council unless excused therefrom by the Council.

(e) To act as ex officio member of all boards and commissions.

(f) To keep the Council advised on the needs of the City.

(g) To prepare and submit to the Council an annual budget estimate for the City and such reports as the Council may require.

(h) To prepare or cause to be prepared plans and specifications for work which the Council may order and to provide such plans and specifications in sufficient number and in ample time to give full opportunity for all contractors who desire to bid thereon to do so.

(i) To exercise general supervision over all privately owned utilities operated within the City insofar as the same are subject to municipal control.

(j) To see that the provisions of all franchises, leases, contracts, permits and privileges granted by the City are fully observed and to report to the Council any violations thereof.

(k) To have general supervision over all City property and equipment and its use by the public or by City employees.

(l) To coordinate the work of all departments of the City.

(m) To control the purchasing of the City in accordance with the provisions of this Code and in accordance with regulations established by the Council.

(n) At the direction of the City Council, to appoint such advisory committees as the City Council may deem desirable, provided the members of such committees shall serve without compensation.

(o) To approve expenditures, policies and procedures for the departments coming under his or her control.

(p) To negotiate such contracts and conveyances as the Council may expressly authorize. To sign all warrants drawn on the City Treasurer/Finance Director, all written contracts and conveyances made or entered into by the City, and all instruments requiring the City seal.

(q) To maintain membership in, or appropriate relations with, professional, civic and governmental associations and organizations.

(r) To maintain liaison with other City officials and with other municipal, district, County, State and Federal agencies to ensure proper coordination of activities.

(s) To serve as public relations officer of the City.

(t) To perform such other duties as the Council may require. (Ord. 495 § 3, 2016: 1st par. and (c) adopted by Initiative March 15, 1988; those parts of this section shall not be repealed or amended except by a future vote of the people. Elections Code § 4013, amended and recodified as Elections Code § 9217)

Sec. 2-3.105 Interference by Council Members.

No member of the Council shall in any manner, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the City Manager in the making of any appointment or removal or in the purchase of supplies or attempt to exact any promise relative to any appointment from any candidate for City Manager. With respect to the departments under the control of the City Manager, the members of the Council shall deal with such departments solely through the City Manager, except for purposes of inquiry. Neither the City Manager, nor any person in the employ of the City, shall take part in securing, nor contribute any money toward, the nomination or election of a candidate for a municipal office.

Sec. 2-3.106 Removal.

The City Manager may be removed from office by a resolution of the City Council. Before he may be removed he shall, if he so demands, be given a written statement of the reasons for his removal and the right to be heard publicly thereon at a meeting of the Council prior to the final vote on the resolution providing for his removal, but pending and during such hearing the Council may suspend him from office. The action of the Council in suspending or removing the City Manager shall be final and conclusive, and during such suspension, he shall not be eligible to receive compensation.

Article 2. Director of Finance

Sec. 2-3.201 Establishment of Office of Director of Finance.

The office of Director of Finance is hereby established.

Sec. 2-3.202 Powers and Duties of Director of Finance.

The Director of Finance shall have and perform the following powers and duties:

(a) The financial and accounting duties imposed upon the City Clerk by Chapter 4, Part 2, Division 3, Title 4, Chapter 2, Part 3, Division 3, Title 4 and upon the City Treasurer by Chapter 3, Part 2, Division 3, Title 4 of the Government Code of the State of California.

(b) Under general direction of the City Manager, supervise and participate in all general accounting and financial record keeping functions of the City; prepare a variety of complex accounting, statistical and narrative reports; maintain budget control records, including general ledger, budgetary records, accounts payable, accounts receivable and payroll; maintain an investment program; and perform such other related duties as may be required by the City Council or City Manager. Such duties shall include, but not be limited to the following:

(1) Supervise, coordinate and participate in the various central accounting production schedules involving warrant payments, payroll processing, and other related activities.

(2) Recommend new or revised accounting systems and direct the implementation of such new or revised systems after appropriate approval.

(3) Prepare statements of financial conditions, trial balances, statistical reports and balance sheets.

(4) Verify, approve and screen various financial documents to ensure proper accounting controls are being effected.

(5) Supervise and coordinate the various accounting activities of assigned professional and clerical staff and ensure proper flow of work and utilization of personnel and equipment.

(6) Train assigned personnel and prepare periodic performance evaluations.

(7) Prepare a variety of detailed factual and analytical accounting, statistical and narrative reports and correspondence.

(8) Supervise and participate in the annual year-end closing activities that include preparing adjustments, closing and opening entries and preparing analyses and schedules required by auditors.

(9) Coordinate various accounting activities with data processing units.

(10) Direct the maintenance of various financial records and maintain budgetary control of financial accounts.

(11) Supervise and participate in the billing and collection of delinquent accounts receivable and make court appearances on behalf of the City on these matters if necessary.

(12) Prepare a long and short-range investment program of City reserve funds, locate and consult with sources, maintain records and produce periodic reports and forecasts to the City Manager and Council.

(13) Maintain, prescribe and require the maintaining of inventory records of municipal properties necessary in accordance with modern municipal accounting practices.

(14) Assist in the purchase of supplies, goods, wares, merchandise, equipment and materials required by the City. (Ord. 258 Div. 1 (part), 1987)

Sec. 2-3.203 Salary of Director of Finance.

The Director of Finance shall receive as compensation for services performed as Director of Finance such sum as may be established by the City Council by resolution or as provided for by agreement.

Article 3. City Clerk

Sec. 2-3.301 Consolidation of Offices of City Clerk and City Treasurer.

Repealed by Ordinance No. 258.

Sec. 2-3.302 Salary of City Clerk.

The City Clerk shall receive as compensation for services performed as City Clerk such sum as may be established by the City Council by resolution or as provided for by agreement. (Ord. 258 Div. 1 (part), 1987)

Article 4. Prevention of Nepotism and Cronyism in Employment and Contracting

Sec. 2-3.401 Purpose.

In adopting this Article, it is the intent of the City Council to prohibit the contracting with, and employment of, relatives and friends of City officials, to ensure that no conflict of interest, favoritism, preferential treatment, or discrimination enters into the hiring, promotion, contracting and/or transfer practices of the City.

The regulations established by this Article shall apply to all City officials, as defined herein, and to all individuals or firms who provide services to the City as independent contractors or paid consultants. (Ord. 486 § 1 (part), 2015)

Sec. 2-3.402 Definitions.

“City” as used herein shall mean the City of Hercules, California.

“City officials,” for the purposes of this Article, means City elected officials, City appointed officials, appointees to City ad hoc or standing committees, appointees to City commissions, and City employees, including all individuals who are employed by the City Manager, City Attorney, and City Clerk, as well as all employees of City agencies and departments.

“Consensual romantic and/or sexual relationship” means any consensual romantic and/or sexual relationship between a City official or contractor and any City official who may supervise him or her directly or indirectly, or who may influence the terms and conditions of his or her employment or contract with the City.

“Contractor” means any individual or firm providing material, equipment, or services to the City pursuant to a written or oral agreement with the City as an independent contractor or consultant, and not as an employee.

“Cronyism” means making an employment or contracting decision based upon personal, political, financial, or commercial relationships instead of merit when the person or entity benefiting from the employment, promotion, supervision or contract does not have the qualifications for the position or contract, or is being compensated at a rate that is more than the rate that would be paid other employees or contractors performing the same or similar functions.

“Family relationship” means a relationship by blood, adoption, marriage, domestic partnership, foster care, and cohabitation, and includes parents, grandparents, great-grandparents, grandchildren, great-grandchildren, children, foster children, uncles, aunts, nephews, nieces, first cousins, second cousins, siblings, and the spouses or domestic partners of each of these relatives and cohabitants. This definition includes any relationship that exists by virtue of marriage or domestic partnership, such as in-law and step relationships, which are covered to the same extent as blood relationships.

“Nepotism” means employing, promoting, supervising or contracting with a person or persons who have a family relationship or a consensual romantic and/or sexual relationship with a City official. (Ord. 486 § 1 (part), 2015)

Sec. 2-3.403 Restricting Nepotism and Cronyism in Public Employment.

(a) Statement of Policy. It is the policy of the City of Hercules to hire, promote, and transfer employees on the basis of individual merit and to avoid favoritism or discrimination in making such decisions. The employment of relatives of City officials, in positions where one (1) might have influence over the other’s status or job security, is regarded as a violation of this Section. Nepotism and cronyism, as defined in Section 2-3.402, are prohibited from City employment decisions to the full extent permitted by law.

It is therefore the City’s policy to prohibit nepotism and cronyism in public employment according to the guidelines below:

(1) An individual will not be hired, promoted, transferred, or otherwise placed into a position when a person with whom the individual has a family relationship or consensual romantic and/or sexual relationship occupies a position in his or her direct supervisory chain of command.

(2) Individuals will not be hired, promoted, transferred, or otherwise placed into a position when to do so would constitute cronyism.

(3) Department heads are prohibited from employing or supervising any person with whom the department head has a family relationship or consensual romantic and/or sexual relationship within his/her department in any capacity in which that person may receive compensation.

(4) Department heads are prohibited from employing or supervising any individual, when to do so would constitute cronyism.

(5) City positions should be advertised to the public and filled pursuant to an objective selection process based upon qualification.

(b) Resolving a Violation. In the event nepotism or cronyism arises due to circumstances such as through promotion, transfer, the development of a consensual romantic and/or sexual relationship or marriage, the involved individuals have six (6) months in which to settle the issue voluntarily (i.e., by having one (1) of them change assignment or leave City employment).

If the affected parties are unable to resolve the situation within the time provided, their immediate supervisors will review the case at the end of the six (6) month period. The supervisor’s decision concerning which employee must change assignment, made after consultation with the Director of Human Resources, will be binding.

(c) Responsibility to Report. It is the responsibility of a City official to report a violation of this Section. A City employee must notify his/her supervisor, and it is the responsibility of an elected or appointed official to notify the City Manager, or the City Attorney in the case of a violation by the City Manager, when any of the following situations occur:

(1) When a person who is hired or appointed, or is being considered to be hired or appointed, has a family relationship or consensual romantic and/or sexual relationship with a City official; and/or

(2) When a City official has or develops a family relationship or consensual romantic and/or sexual relationship with another City official who occupies a position in his or her direct supervisory chain of command; and/or

(3) When hiring, promotion, appointment or supervision of a City official constitutes cronyism as defined in Section 2-3.402.

The intent of this Section is to ensure that no conflict of interest, favoritism, preferential treatment, or discrimination enters into the hiring, promotion, and/or transfer practices of the City.

(d) Penalty for Failure to Report. A City official, other than an elected official, who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is employed by the City, or who knows or should know of any employment decision that constitutes nepotism or cronyism and fails to report the violation, is subject to discipline, including but not limited to suspension or termination.

An elected official who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is employed by the City, or who knows or should know of an employment decision that constitutes nepotism or cronyism and fails to report the violation, is subject to censure. (Ord. 486 § 1 (part), 2015)

Sec. 2-3.404 Restricting Nepotism and Cronyism in Public Contracting.

(a) Statement of Policy. It is the policy of the City of Hercules to avoid favoritism or discrimination in making decisions to award contracts for supplies, construction, maintenance, professional or other services. The awarding of a contract or the approval of payments or expenses under a contract by a City official, to a person with whom she or he has a family relationship or a consensual romantic and/or sexual relationship, is regarded as a violation of this Section. Nepotism and cronyism as defined in Section 2-3.402 are hereby prohibited from City contracting decisions to the full extent permitted by law.

It is therefore the City’s policy to prohibit nepotism and cronyism in City contracts, according to the guidelines below:

(1) An individual contractor shall not be awarded a contract with the City when the contractor has a family relationship or consensual romantic and/or sexual relationship with a City official who may have some influence over the award or management of the contract, or when the award of a contract to that individual contractor would constitute nepotism or cronyism.

(2) Firms shall not be awarded contracts with the City when an owner, manager, senior member, principal, officer, or partner of the firm has a family relationship or consensual romantic and/or sexual relationship with a City official who may have some influence over the award or management of the contract, or when the award of a contract to a firm would constitute nepotism or cronyism.

(3) A City official is prohibited from awarding contracts to any individual with whom he or she has a family relationship or consensual romantic and/or sexual relationship, or to any firm when an owner, manager, senior member, principal, officer, or partner of the firm has a family relationship or consensual romantic and/or sexual relationship with the employee or official, or when to do so would constitute nepotism or cronyism.

The intent of this Section is to ensure that no conflict of interest, favoritism, or discrimination enters into the contracting practices of the City.

(b) Responsibility to Report a Violation of Regulations Against Contracting with Relatives or Contracts that Constitute Cronyism. It is the responsibility of a City official to report a violation of this Section. A City employee must notify his or her supervisor, and an elected or appointed official must notify the City Manager, or the City Attorney in the case of a violation by the City Manager, when he or she is aware of any of the following situations:

(1) When a person who has a family relationship or consensual romantic and/or sexual relationship with a City official is being considered for the award of a contract to provide services to the City; and/or

(2) When a City official has or develops a family relationship or a romantic and/or consensual sexual relationship with a person who has an existing contract to provide services to the City; and/or

(3) When the award of a contract would constitute nepotism or cronyism as defined in Section 2-3.402.

(c) Penalty for Failure to Report. A City official, other than an elected city official, who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is being considered for or has been awarded a contract with the City in violation of this Section, and fails to report the violation, is subject to discipline, including, but not limited to, suspension or termination.

An elected official who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is being considered for or has been awarded a contract with the City in violation of this Section, and fails to report the violation, is subject to censure.

A contractor who has a contract with the City or who seeks a contract with the City and fails to report that a person with whom she or he has a family relationship or consensual romantic and/or sexual relationship is employed by the City or is a City official, or that the award of the contract constitutes cronyism in violation of this Section, may have his or her contract terminated and may be precluded from being awarded any future contracts with the City. (Ord. 486 § 1 (part), 2015)

Sec. 2-3.405 Penalties Not Exclusive.

The penalties provided under this Article are not exclusive, and do not preclude punishment under any other applicable provision of law. (Ord. 486 § 1 (part), 2015)

Sec. 2-3.406 Notice and Acknowledgment.

(a) The requirements of this Article shall be acknowledged annually by all City officials who are required to comply with State of California financial disclosure requirements, on a form developed by the City Attorney and provided by the City Clerk. The written acknowledgment must be submitted at the time such financial disclosures are required to be submitted.

(b) All contractors and prospective contractors shall be notified in writing of the requirements of this Article at the time the City issues a request for proposals or qualifications, and prior to entering into a sole source agreement. (Ord. 486 § 1 (part), 2015)