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.
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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
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