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Staff ReporttpW N OF �oscn�og COUNCIL AGENDA REPORT DATE: AUGUST 4, 2015 TO: MAYOR AND TOWN COUNCIL FROM: ROBERT SCHULTZ, TOWN ATTORNEY MEETING DATE: 08/04/15 ITEM NO: i I SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE CODE OF THE TOWN OF LOS GATOS SECTION 2.30.285 REGARDING THE REMOVAL PROCESS OF TOWN MANAGER FROM OFFICE RECOMMENDATION: Per Council direction, we recommend Town Council accept public comment and then move for introduction and first reading of an Ordinance, by title only, amending Los Gatos Town Code Section 2.30.285. BACKGROUND: The Town Council directed Staff to change the removal process for the Town Manager from 415 vote of Town Council to a majority of Town Council. Los Gatos Town Code Section 2.30.285 currently provides the following: Sec. 2.30.285. Removal from office — Procedure generally. (a) The removal of the Town Manager shall be only by the affirmative vote of four (4) members of the Town Council (subject to the provisions of the following section). In case of the Town Manager's intended removal by the Town Council, the Town Manager shall be furnished with a written notice stating the Town Council's intention to remove the Town Manager and the reasons therefor, at least thirty (30) days before the effective date of the removal. (b) Within seven (7) days after the delivery to the Town Manager of such notice, the Town Manager may, by written notification to the Town Clerk, request a PREPARED BY: ROBERT SCHULTZ Town Attorney`' Reviewed by: °_. Assistant Town Manager —4'�own Attorney PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: REMOVAL PROCESS FOR TOWN MANAGER JULY 30, 2015 public hearing before the Town Council. Thereafter the Town Council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the thirty -day period, and at which the Town Manager shall appear and be heard. (c) After furnishing the Town Manager with written notice of intended removal, the Town Council may suspend the Town Manager from duty, but the Town Manager's compensation shall continue until the Town Manager's removal by resolution of the Town Council passed subsequent to the public hearing. (d) In removing the Town Manager, the Town Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the Town Manager to publicly present to the Town Council the grounds of opposition to removal, prior to its action. (Code 1968, § 2 -18) The Ordinance amendment proposed would read as follows: Sec.2.30.285. — Removal from office — Procedure generally. (a) Ttrerrs # tIr w» M sa{ l}a1, -kx k- -tom € rr i{ f The removal of the-Town Manager shall be only upon a maj rity vote of the whole Town Council all five members being present (subject to the provisions of the following section). In case of the Town Manager's intended removal by the Town Council, the Town Manager shall be furnished with a written notice staring the Town Council's intention to remove the Town Manager at least thirty (30) days before the effective date of the removal. (b) Within seven (7) days after the delivery to the Town Manager of such notice, the Town Manager may, by written notification to the Town Clerk, request a public hearing before the Town Council. Thereafter the Town Council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the thirty -day period, and at which the Town Manager shall appear and be heard. (c) After furnishing the Town Manager with written notice of intended removal, the Town Council may suspend the Town Manager from duty, but the Town Manager's compensation shall continue until the Town Manager's removal by reselutieaar of the Town Council is passed subsequent to the public hearing. PAGE MAYOR AND TOWN COUNCIL SUBJECT: REMOVAL PROCESS FOR TOWN MANAGER JULY 30, 2015 (d) In removing the Town Manager, the Town Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the Town Manager to publicly present to the Town Council the grounds of opposition to removal, prior to its action. DISCUSSION: Section 2.30.285 of the Town Code current requires a 4/5 vote for the removal of the Town Manager. The vast majority of Cities across the State of California require a majority vote for the removal of the Town Manager. In addition, the International City /County Management Association model ordinance recommends a majority removal of the Town Manager. CONCLUSION: We recommend Council review and move for first reading and introduction of the attached Ordinance by title only. Please feel free to ask questions or make any changes you feel appropriate. ENVIRONMENTAL ASSESSMENT: The action is not a project defined under CEQA and no further action is required. FISCAL IMPACT: The adoption of this agreement results in no fiscal impact. Attachment: 1. Ordinance ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE CODE OF THE TOWN OF LOS GATOS SECTION 2.30.285 REGARDING THE REMOVAL PROCESS OF TOWN MANAGER FROM OFFICE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: WHEREAS, Section 2.30.285 of the Los Gatos Town Code sets forth the procedure of the removal of the Town Manager; and WHEREAS, the Town desires to amend the removal process for the Town Manager from 4/5 vote of Town Council to a majority of Town Council; and WHEREAS, the Town of Los Gatos needs to amend Section 2.30.285 in order to make this change; and WHEREAS, following the Public Hearing, and upon consideration of the testimony of all persons, the Town Council of the Town of Los Gatos does ordain Section 2.30.285 to be amended. SECTION I Town Code Section 2.30.285 is amended to read as follows: Sec.2.30.285. — Removal from office— Procedure generally. (a) The removal of the Town Manager shall be only upon a majority vote of the whole council, all five members being present. (subject to the provisions of the following section). In case of the Town Manager's intended removal by the Town Council, the Town Manager shall be furnished with a written notice stating the Town Council's intention to remove the Town Manager at least thirty (30) days before the effective date of the removal. (b) Within seven (7) days after the delivery to the Town Manager of such notice, the Town Manager may, by written notification to the Town Clerk, request a public hearing before the Town Council. Thereafter the Town Council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the thirty -day period, and at which the Town Manager shall appear and be heard. (c) After furnishing the Town Manager with written notice of intended removal, the Town Council may suspend the Town Manager from duty, but the Town Manager's compensation shall continue until the Town Manager's removal by the Town Council is passed subsequent to the public hearing. Page 1 of 2 ATTACHMENT (d) In removing the Town Manager, the Town Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the Town Manager to publicly present to the Town Council the grounds of opposition to removal, prior to its action. SECTION lI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 4, 2015, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on August 18, 2015. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 2 of 2