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RESOLUTION NO. 2015-201
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, CONCERNING APPOINTING
AUTHORITY AND RESPONSIBILITY
WHEREAS, the City of Fresno has a charter form of government, with each
elected official, appointed official, and employee having certain Charter designated
authority and responsibilities; and
WHEREAS, Charter section 800 provides the Council has the sole authority to
appoint and remove the City Attorney and City Clerk; and
WHEREAS, Charter section 400 provides the Mayor has the sole authority to
appoint and remove the City Manager (Chief Administrative Officer); and
WHEREAS, Charter section 500 provides each Councilmember has sole
authority to appoint and remove his or her Council Assistant; and
WHEREAS, Charter section 910 provides the Retirement Board shall appoint
and direct a Retirement Administrator who shall report to the Board; serve at the
Board's pleasure; administer the retirement office and its financial affairs as directed by
the Board; appoint, suspend and remove subordinate employees subject to the Civil
Service System provisions of this Charter; and perform such other administrative duties
as directed by the Board; and
WHEREAS, Charter section 705 provides the City Manager has the authority to
approve or disapprove all proposed appointments and removals of deputies, assistants
and subordinate employees by department heads or officers except those officers
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Date Adopted: 11/12/2015
Date Approved: 11/23/2015
Effective Date: 11/23/2015 Resolution No. 2015-201
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whose appointment is vested by this Charter in the Council — the City Attorney and City
Clerk; and
WHEREAS, it is desirable that City officials and employees are clear and
informed of their respective Charter authority and responsibilities; and
WHEREAS, it is the intent of this Resolution to clarify, restate, and implement
provisions of the Charter.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. Pursuant to Charter sections 705 and 800, authority and responsibility for
appointment, removal, discipline, compensation, payroll records, and direction of
deputies, assistants and subordinate employees of the Councilmembers, City Attorney
and City Clerk shall remain solely with the individual Councilmembers, City Attorney and
City Clerk, respectively; and
2. Pursuant to Charter section 705, the City Manager has the authority to
approve or disapprove all proposed appointments and removals of deputies, assistants
and subordinate employees, including department heads and their subordinate
employees, except for the elected officials, the appointees and employees of the
Council, the employees of the City Attorney and City Clerk's offices, and of the
Retirement Board; and
3. This Resolution shall supersede any provisions of the Fresno Municipal
Code or resolutions that are inconsistent, except for provisions of any approved
Memorandum of Understanding with a City bargaining unit; and
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4. This Resolution shall take effect upon its passage.
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the 12th day of November _. 2015.
AYES Brand, Brandau, Caprioglio, Olivier, Quintero, Soria, Baines
NOES None
ABSENT None
ABSTAIN None
Mayor Approval: N/A . 2015
Mayor Approval/No Return: November 23rd , 2015
Mayor Veto: N/A . 2015
Council Override Vote: N/A , 2015
YVONNE SPENCE, CMC
City Clerk
By:
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Douglas T. 5 o-an [Date]
City Attorney
KBD:ns[69620ns/kbd]- 11/9/15
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November 13, 2015 ' ` "'�IVE.U .
Council Adoption: 11
Mayor Approval: 14.
TO: MAYOR ASHLEY SWEARE,�I15
�, ; ;�_� Mayor veto: �'¢a OCT. '
: �1��
FROM: YVONNE SPENCE, CMC Override Request:
City Clerk CITY CIL Fi;ES«C Ca=,
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 11/12/15, Council adopted the attached Resolution No. 2015-201
entitled, Concerning appointing authority and responsibility. Item No. 2-A, File ID# 15-
1031, by the following vote:
Ayes Baines, Brand, Brandau, Caprioglio, Olivier, Quintero, Soria
Noes None
Absent None
Abstain None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before November 23, 2015. In computing the ten day period required by Charter, the first F
day has been excluded and the tenth day has been included unless the 10th day is a
Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this
memo with the Clerk's office within the required time limit shall constitute approval of the
ordinance, resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
************************************************************
APPROVED/NO RETURN:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Date:
Ashley Swearengin, Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain