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Home My WebLink About2024-013 - Exercise Authority of Appointed OfficialsRESOLUTION NO. 2024-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION 2017-016 AND DESIGNATING THE OFFICERS AND EMPLOYEES OF THE CITY AUTHORIZED TO EXERCISE THE AUTHORITY OF THE APPOINTED OFFICIALS IN THEIR RESPECTIVE ABSENCES AND DESIGNATING SALARY AND BENEFITS FOR THE ACTING CITY MANAGER AFTER SERVICE OF MORE THAN THIRTY DAYS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. By Resolution 2017-016, the City Council deputized certain city officers with the power to act as City Manager under certain circumstances. B. With the addition of officers of the City with the same title, the City Council finds it necessary and advisable to repeal Resolution 2017-016; to clarify the designation of officers of the City authorized to exercise the authority of the City Manager in the City Manager's absence; and modify the rules for compensating an Acting City Manager serving for more than 30 days. C. Currently, there is no succession resolution for the City Attorney or City Clerk in the event of their absence. The City Council finds it necessary and advisable to deputize certain City employees, in the offices of the City Attorney and City Clerk, with the power to act as City Attorney and City Clerk under certain circumstances. D. This Resolution references "Appointed Official(s)" which means for purposes of this Resolution, the City Manager, City Attorney and City Clerk. Section 2. Resolution 2017-016 is hereby repealed and shall have no further force or effect. Notwithstanding the foregoing, the repeal of said Resolution shall have no effect upon any action taken by any city officer pursuant thereto prior to the effective date of this Resolution. Section 3. In the absence of a written designation by the City Manager in accordance with Section 503 of the Santa Ana City Charter or designation by the City Council, the following officers of the City, in the order designated, are deputized to exercise any and all authority granted to the office of the City Manager by the charter and Resolution No. 2024-013 Page 1 of 4 ordinances of the City of Santa Ana, by any resolution or agreement approved by the City Council of the City of Santa Ana, or by any other legal authority: (1) Assistant City Manager (2) Deputy City Manager (3) Chief of Police (4) Executive Director of Finance and Management Services (5) Executive Director of Human Resources Each officer on the above list shall be considered senior to the officers following such officer on the above list for purposes of this Resolution. For purposes of this Resolution, the term "City Manager" shall include any officer designated as "Acting City Manager" by the City Council. Nothing herein shall limit or restrict the City Council from designating an acting, interim or permanent City Manager. Section 4. In the absence of a written designation by the City Attorney or designation by the City Council, the following employees of the City Attorney's office, in the order designated, are deputized to exercise any and all authority granted to the office of the City Attorney by the charter and ordinances of the City of Santa Ana, by any resolution or agreement approved by the City Council of the City of Santa Ana, or by any other legal authority: (1) Chief Assistant City Attorney' (2) Senior Assistant City Attorneyz Each employee on the above list shall be considered senior to the employees following such employee on the above list for purposes of this Resolution. For purposes of this Resolution, the term "City Attorney" shall include any officer designated as "Acting City Attorney" by the City Council. Nothing herein shall limit or restrict the City Council from designating an acting, interim or permanent City Attorney. Section 5. In the absence of a written designation by the City Clerk or designation by the City Council, the Assistant City Clerk is deputized to exercise any and all authority granted to the office of the City Clerk by the charter and ordinances of the City of Santa Ana, by any resolution or agreement approved by the City Council of the City of Santa Ana, or by any other legal authority. For purposes of this Resolution, the term "City Clerk" shall include any officer designated as "Acting City Clerk" by the City Council. Nothing herein shall limit or restrict the City Council from designating an acting, interim or permanent City Clerk. Section 6. In the event there is more than one city official or city employee with the same title, the first city official or employee to be deputized pursuant to this Resolution shall be the city official or employee that was last designated in writing in the acting role by ' The title of Chief Assistant City Attorney includes Chief Assistant City Attorney -Employee Relations. 2 The title of Senior Assistant City Attorney includes Senior Assistant City Attorney -Employee Relations. Resolution No. 2024-013 Page 2 of 4 the Appointed Official. In the event that none of the city officials or city employees had previously been designated in an acting role, then the deputized city official or employee that has held their title the longest will be deputized first. Section 7. Any person designated as the Acting City Manager either by the City Manager in accordance with Santa Ana City Charter Section 503 or by operation of this Resolution, and who served for more than thirty (30) days, shall as of the 31st day of service, receive the same base salary and benefits provided to the highest paid member of the unrepresented Executive Management classification as set forth in the Basic Compensation and Benefit Plan for Classes of Employment Designated as Unrepresented Executive Management plus one dollar ($1.00); provided, however, that the Acting City Manager shall not receive any benefits specific to law enforcement or public safety officers. The compensation and benefits provided for herein shall be retroactive to the 31st day of service. The City Council may by agreement approved by a majority vote of the Council provide for different compensation, benefits and conditions of employment for an Acting City Manager. Section 8. Any person designated as the Acting City Attorney either by the City Attorney in writing or by operation of this Resolution, and who served for more than thirty (30) days, shall receive the compensation set forth in their bargaining unit's Memorandum of Understanding with the City for an acting position designated as Executive Management. Section 9. Any person designated as the Acting City Clerk either by the City Clerk in writing or by operation of this Resolution, and who served for more than thirty (30) days, shall receive the compensation set forth in their bargaining unit's Memorandum of Understanding with the City for an acting position designated as Executive Management. Section 10. The authority granted by sections 3-5 of this Resolution shall only be exercised by the officers or employees designated therein and only in accordance with the following standards: (a) The authority shall be exercised only in the absence of the Appointed Official; and (b) The authority shall be exercised only as to matters which cannot reasonably be postponed until the return of the Appointed Official or as to minor and routine matters. Section 11. No action by an officer or employee designated in sections 3-5 of this Resolution pursuant to the authority granted therein shall be invalid by reason of noncompliance with the standards set forth in sections 7-9 of this Resolution. However, the Appointed Official shall have the same authority to rescind such action as if such action had been taken by the Appointed Official in the first instance. Section 12. Nothing in this Resolution shall be construed to limit the existing authority of the Appointed Officials to delegate matters for action by subordinate officers or Resolution No. 2024-013 Page 3 of 4 employees or to designate subordinate officers or employees to act as his or her representative on any matter. Section 13. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of May 2024. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B Laura Rossini LIZ Chief Assistant City Attorney AYES: Councilmembers: Amezcua, Bacerra, Hernandez, Lopez, Penaloza Phan, Vazquez (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-013 to be the original resolution adopted by the City Council of the City of Santa Ana on May 7, 2024. Resolution No. 2024-013 Page 4 of 4