Charter Review Committee

 

Non-Interference Clauses

 

Anaheim

 

Section 607. NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE.

 

Except as otherwise provided in this Charter, neither the Council nor any of its members shall interfere with the execution by the City Manager of his or her powers and duties, or order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in the administrative service of the City, of any person to any office or employment, or his or her removal therefrom.  Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the jurisdiction of the City Manager solely through the city Manager, and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately.  (Amended November 7, 2000 , filed by Secretary of State February 6, 2001 .)

 

Burbank

 

Section 61. INTERFERENCE WITH OR BY CITY MANAGER.

 

The members of the Council shall not, nor shall any of them, either directly or indirectly, exact from any candidate for the position of City Manager any promise or assurance, or in anywise intimate or suggest to such candidate, that such candidate shall, if appointed as City Manager, appoint or employ, or that it is in anywise expected the candidate will appoint or employ, any person who has been or may be discussed, mentioned, referred to, approved, or in anywise suggested by any member of the Council or other person, as being fit or qualified to have or hold any position in, or do any work for, the City.  Nor shall the members or any member of the Council in anywise, either directly or indirectly, by suggestion or otherwise, coerce or bring any pressure to bear upon the City Manager, either to appoint any particular person or persons or class of persons to any position that is or may be vacant, or to give employment of any kind to any such persons, or to discharge any person holding any position or doing any work under the City Manager; or to make any purchase of supplies from any particular person, firm or corporation.

 

The prohibition herein contained shall not be construed to mean that any member of the Council, or other person, shall in anywise be prohibited from informing the City Manager as to any fact known to such person which might assist the City Manager in appointing or employing competent, fit, and proper persons, or discharging any incompetent or unfit person previously appointed or employed, or to prohibit the giving of any information which might be of benefit to the City Manager in making an advantageous purchase of materials and supplies.

 

Cerritos

 

Section 406.  INTERFERENCE IN ADMINISTRATIVE SERVICE.

 

Neither the City Council nor any of its members shall interfere with the execution by the City Manager of his powers and duties, or order, directly or indirectly, the appointment by the City Manager or by any of the department heads in administrative service of the City, or any person to an office or employments or his removal therefrom.  Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately.

 

 

 

 

 

 

Culver City

 

Section 701.  NON-INTERFERENCE BY CITY COUNCIL.

 

Neither the City Council, nor any Council Member shall:

(a)                         Order or direct the City Manager to appoint or remove any person to or from any position of employment with the City;

(b)                         Except as otherwise permitted by this Charter or by ordinance, order or direct the City Manager to enter into a municipal contract or make a purchase of supplies from any particular person or entity;

(c)                         Interfere in any way with the performance of the duties of any City employee; or

(d)                         Interfere in any way with the duties of the City's elections official in the conduct of elections.

 

Nothing in this section shall prevent the City Council, or any of its members, from advising the City Manager of any information which might assist the City Manager in the discharge of the City Manager's duties; or contacting City employees for the purpose of inquiry, obtaining information or advising employees of citizen complaints.

 

Glendale

 

None

 

Huntington Beach

 

Section 307. NON-INTERFERENCE WITH ADMINISTRATION.

 

Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Administrator, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City Administrator solely through the City Administrator, and no member of the City Council shall give orders to any subordinate of the City Administrator, either publicly or privately.

 

Inglewood

 

None

 

Long Beach

Section 208.  CITY COUNCIL'S AUTHORITY OVER CITY EMPLOYEES.

Neither the City Council, nor any of its committees or members shall dictate or attempt to dictate, either directly or indirectly, the appointment of any person to office or employment by the City Manager, or in any manner interfere with or prevent the City Manager, from exercising judgment in the appointment of officers and employees in the administrative service.   Except for the purpose of inquiry, the City Council, its members and employees of the Legislative Department shall deal with the administrative service solely through the City Manager, and neither the City Council, its members and employees of the Legislative Department shall give orders to any of the subordinates of the City Manager, either publicly or privately.

 

 

 

 

 

Pasadena

 

Section 411. PROHIBITIONS.

 

(Except purposes of inquiry, the Mayor, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager, and neither the Mayor, the City Council nor its members shall attempt to influence or to direct any subordinates of the City Manager. (Sec. 411 amended by vote of the people 11-3-1998: Sec. 411 amended by vote of the people 3-9-1993.)

Santa Ana

 

Section 408. INTERFERENCE IN ADMINISTRATIVE MATTERS.

 

Except for the purpose of inquiry, the city council and its members shall deal with the administrative branch of the city government solely through the city manager or his designated deputy, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. Neither the city council nor any of its members shall direct or request the appointment of any person to, or his removal from, an office by the city manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative branch of the city government, except as specifically provided in this charter.

 

Santa Monica

 

Section 610. INTERFERENCE IN ADMINISTRATIVE SERVICE.

 

Neither the City Council nor any of its members shall order or request directly or indirectly the appointment of any person to an office or employment or the removal of any person therefrom, by the City Manager, or by any of the department heads in the administrative service of the City.  Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member shall give orders to any subordinates of the City Manager, either publicly or privately.

 

Torrance

 

Section 921. NONINTERFERENCE BY CITY COUNCIL WITH POWERS AND DUTIES OF CITY MANAGER.

 

Neither the City Council nor any member thereof, shall in any manner, direct or request the City Manager to appoint or remove any person to and/or from any office or position of employment of the City. Neither the City Council nor any member thereof shall give orders or instructions publicly or privately, to any person under the jurisdiction of the City Manager. No member of the City Council shall undertake to coerce the City Manager in respect to any of his duties and/or any municipal contract, and/or in connection with the purchase of any municipal supplies.

 

Ventura

 

Section 709.  INTERFERENCE IN ADMINISTRATION. 

 

Except as otherwise provided in this Charter, no individual member of the Council shall interfere with the execution by the City Manager of his powers and duties; or, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the City Manager or any of his subordinates in the making of any appointment or removal, or the purchase of supplies, or attempt to exact any promise relative to any appointment from any candidate for City Manager, or discuss directly or indirectly with any such candidate the matter of appointments to any City office or employments, provided however, that the above shall not be construed as  prohibiting the Council, while in session, discussing with or suggesting to the City Manager, fully and freely, anything pertaining to the aforementioned matters.

 

Except for the purpose of inquiries, investigations or independent management audits as such may be authorized from time to time by the Council, the Council and its members shall deal with the City officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor any Councilmember shall give orders to any such officer or employee, either publicly or privately.

 

Any violation of this section may work a forfeiture of the office of the offending member of the Council, who may be removed therefrom by the Council or by any court of competent jurisdiction.

 

Model City Charter

 

Section 2.05.c Interference with Administration

 

Except for the purpose of inquiries, and investigations under § 2.09, the council or its members shall deal with city officers and employees who are subject to the direction and supervisions of the city manager solely through the city manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.