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The Catalina Islander
Avalon, California
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November 20, 2009     The Catalina Islander
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November 20, 2009
 

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Friday, November 20, 2009 CATALINA ISLANDER Page 11 ORDINANCE NO. 1088-09 AN ORDINANCE OF THE CITY OF AVALON AMENDING THE CITY OF AVALON MUNICIPAL CODE TO REVISE THE POWERS AND DUTIES OF THE CITY MANAGER AND CHIEF OF THE FIRE DEPARTMENT WHEREAS, Article 2 of Chapter 2 of Title 2 of the City of Avalon Municipal Code provides for the appointment and compensation of the Chief of the Fire Department; and WHEREAS, Article 3 of Chapter 2 of Title 2 of the City of Avalon Municipal Code creates the office of the City Manager and also de- fines the powers and duties of the City Man- ager; and WHEREAS, the City of Avalon wishes to en- sure that there is no incompatibility between the offices of the City Manager and the Chief of the Fire Department. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS: Section 1. Section 2-2. 202 i~ hereby amended (amendments are shown in italics) in its entirety to read as follows: "Sec. 2-2. 202. Appointment; Compensa- tion; Removal. All appointments to the office of Chief of the Fire Department shall be madeby resolu- tion of the Council duly passed at a regular m~tin~ thereof Such resolution shall fix the salary or compensat;on to be pa;d to the appointee therein named. Such appointee shall only be terminated for cause by the Council. " Section 2. Paragraphs (t) and (g) of Section 2-2. 203 are hereby deleted, and the follow- ing paragraphs (f) through (n) shall follow existing paragraph (e) of Section 2-2.,203 (amendments are shown in italics) : "({) To prevent injury to, take charge of, and preserve all property rescued from fires; (g) To control, order*and give directions to all subordinate Officers and employees of the Fire Department; (h) To appoint, remove, promote, and de- mote any~and all subordinate officers and employees of the Fire Department, subject however, to the rules and regulations of the Civil Service Commission, if any, and the Firefighter Procedural Bill of Rights; (i) To recommend to the Council such reor- ganization of offices, positions, departments, or units in the Fire Department as may be indicated in the interests of the efficient, ef- fective, and economical conduct of the City's business;" (i} To prepare and submit the proposed =an- nual budget and the proposed annual salary plan for the Fire Department to the Council for its approval; (k) To be responsible for the purchase of all supplies, services and equipment for the Fire Department as provided in Chapter 4 of Title 3 of this Code; (I) To make investigations into the affairs of the Fire Department and any Fire Depart- ment contract and the proper performance of any obligation of the Fire Department; (m) To exercise.general supervision over all Fire Department buildings; and (n) To perform such other duties as the Coun- cil shall direct by ordinance or otherwise. ' paragraphs remain unchanged) : "The City Manager shall be the administra- tive head of the government of the City un- der the direction and control of the Council except as otherwise provided in this Article and except as to the Fire DePartment, which department shall be administered by the Chief of the Fire Departmeht He shall also be responsible for the efficient administra- tion of all the affairs of the City which are under his control. In additionto hi~ general powers as administrative head of most City departments, and not as a limitation there- on, he shall also have the following powers and duties except as such powers and duties pertain to the Fire Department, which such powers and duties will be held by the Chief of the Fire Department. (b) Authority over Employees. To control, Order, and give directions to all heads of departments and subordinate officers and employees of the City under his jurisdiction through their department heads, except the Chief of the Fire Department, the duly ap- pointed deputies of the Chief of the Fire De- partment and all other employees of the Fire Department; () Power of Appointment. To appoint, re- move, promote, and demote any and all of- ricers and employees of the City except the City Clerk, City Attorney, City Treasurer and Chief of the Fire Department and the officers and employees of the Fire Department, sub- ject, however, to the rules and regulations of the Civil Service Commission, if such Com- mfssion exists; (d) Reorganization of Officers. To ~ecom- mend to the Council such reorganization of offices, positions, departments, or units under his direction, except the Fire Depart- ment, as may be indicated in the interests of the efficient, effective, and economical con- dUCt of the City's business; (h) Budget. To prepare and submit the pro- posed annual budget and the proposed an- nu i i l n, ^wpt the l rul u g nflu l budget and proposed annual salary plan for the Fire Department which shall be prepared and submitted by the Chief of the Fire De- partment, to the Council for its approval; (i) Purchasing Agent. To be responsible for the purchases of all supplies for all the de= partments or divisions Qf the City, except the Fire Department for which the Chief of the Fire Department shall be the Purchasing Agent, as provided in Chapter 4 of Title 3 of this Code. Except with respect to expen- ditures for the Fire Department, no expen- diture.shall be submitted or recommended to the Council except upon a report and ap- proval by the City Manager; (j) Investigations. To m al