Ordinance No. 65 1
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ORDINANCE NO. 6~
AN ORDINANCE 0P TH ..... sOUTH TAHO.., PUBLIC UTILITY DISTRICT
D~INZNG TFE.. DUTIES AND P0}fERS OF THt~ GENERAL MA}~AG~R
B~ IT ~ACTED by the Board of Directors of Se~th Tahoe
Public Utility District:
3ection 1.
shall be as follows:
Section 1.
Section 2o
Section 3.
;Section 4.
Section ~.
Index° The index to this Ordinance
Index
Residence
Directors ~llgibility
Temporary Manager
Powers and Duties
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bo
~Inf or cement
Aut.hority over employees
Examination, appointment, .promotion,
and removal of employees.
d. Classification of officers and
departments in places of employment.
e. Ordinances and Resolutions
f. Attendance at Directors~ meetings
Financial Reports
h. Budget
i. Pmrchasing
j. Investigations
k. Public Utility- or Public Utility-:~ork
1. Additional duties
m. Director-General Manager Relations
n. Officers and Departments
o. Attendance at Committee meetings
p. Removal of General Manager
q. Hearing
ro S~:spension pending hearing
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oection 6o
.Section 7o
,~ection 8.
s. Discretion of Directors
t. Limitation on removal
Ratification
Severability
Effective date
Section 2o Residence. Residence in the ~]outh Tahoe Public
Utility' District at the time of appointment of the General Manager
shall not be required as a condition of the appointment, but, withi:
one hundred eighty (180) days thereafter, the General Manager must
become a resident of the District or the Board of Directors shall
declare the office of General Manager to be vacant.
~$ection 3. Director_s Eli~ibilit~o No person elected or
appointed as a Director of the District shall, subsequent to such
election or appointment, be ~ eligible for appointment as General
Manager until one year has elapsed after such Director shall have
ceased to be a member of the Board of Directors°
.i~ection ~. Tem.p~orary Gene~..al Manager° The General l~anager
shall appoint, subject to the approval of the Boar~ of Directors,
one of the other officers, or department heads ~f the District,
serve as General Manager Pro Tempore during any temporary absence
or disability of the General Manager. In case of the absence or
disability of the General Manager and his failure to so appoint a
General Manager Pro Tempore, the Board ma~ designate some qualified
District employee to perform the duties of the General Mansger
during the period of absence or disability of said General Manager,
subject however, to said person furnishing an official bond as
required by Section 3 of Ordinance No. ~9 of the ~outh Tahoe Fub]ic
Uti] it.v District.
oection" ~o Pow~.s and Dutieso The ~enera_~ ~ Manager shall
have fu].] charge and control over construction of the works of the
Oistrict and of their maintenance and operation. He shal]~ report
o the Board of Directors in accormance with such rules and regu].at.
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PI-A~E:RVI LLE, I:Akl F'.
as the Board maN' adopt and perform such further duties as are
imposed upon him by the Board. The Genera]. Manager shall be the
administrative head of the government of the Distriot under the
direction an~[ control of the Board of Directors except as otherwise
provided in this ordinance. He shall be responsible for the
efficient administration of all the affairs of the District which
are under his control. In addition to his general powers as
administrativ~ head and not as a ]_imitation thereon, it shall be
his duty anC~ he shall have all of the powers set forth in the fo!!o
'ing sub-sections:
(a.) ~forcement. It sha]_~ be the duty, of the General
Manager to enforce all ordinances sn~ resolutions of the District
and to see that all contracts, permits, and .privileges granted by
the District are fully obserw~d.
(b.) Authority[ over employeq.~o It shall be the ~uty
of the General Mansger, and he shall have authority, to control,
order, and give directions to all employees and departments of the
District under his jurisdiction°
- (c) Examination, appointment,_ promotion and removal
,of emplo[?eSo It shall be the duty of the Genera]. Manager to, an~J
he shall, subject to rules made by the Board of Directors for
examination, appointment, promotion, and removal of employees of
the District, to examine applicants for employment and appoint,
.promote and remove employees of the District. The selection of
laborers shall be governed by priority~ application so far as is
practicable.
(d) Classification of Officers and Departments and
places of employment. It shall be the duty and responsibility of
the General Manager to recommen¢] to the Board sf Directors
classifications of places of emploNment. He shall further recommen
to the Board e×aminations for employment which shall be practical,
and shall re]ate to those matters only which will fairly test the
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relative capacity aC the :persons e~amined -to discharge the duties
of the positions which they seek, and shall include, when approp-
riate, tests of manual or professional skills, but which shall not
include cuestions relating to political or religious opinions or
affiliations° He shall further recommend to the Board such fu~the
duties of Officers of the District which ma~~ be imposed upon 'them
by the Board in addition to those ~uties as provided, by statute.
(e) Ordinances and Resolutions. It shall be the
duty of the General Manager and he shall recommend to the Board of
Directors for adoption such ordinances and resolutions as he deems
necessary or expedient°
(f) Attendance at Board of Directors~ Meetings. It
shall be the duty of the General Manager to attend all meetings of
the Board of Directors unless excused therefrom, except when his
removal is under consideration°
(g) ~inancial Re~. It ha±l be the dut~ of the
General Manager to keep the Board of Directors at all times
fully advised as to the financial conditions and needs of the
District o
(h) Budget° It shall be the duty of the General
Manager to prepare and submit the proposed annual budget° He shall
submit the proposed hours of labor and service required of all
employees of the District and their compensation to the Board.
(i) Purchasing. It shall be 'the dut~ of the Genel
Manager, and he shall be responsible for the purchase of all
supplies and advertising for the District and all of its department
No expenditures shall be submitted or recommended to the Boar~ of
Directors except upon report and approval of the General Manager.
(j) Investigations. It shall be the duty of the
Genera] Manager to make investigations into the affairs of the
District,into any Department thereof, and any cont~act for the prop.
performance of any obligations of the District.
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(k) Public Ut~i]:ity or Public Utility Works. It
shall be the duty of the Genera]. Manager to exercise general super-
vision over all public utilities or public utility- works of the
District whic~ are under the control or jurisdiction of the Board
of Directors.
(1) Additional duties° It shall be the duty of the
General Manager to perform such other duties and exercise such
other powers provided by law as may be delegated to him from time
to time by ordinance or resolution or other action of the Board
of Di~ ectors.
(m) Director-General Maaager Relations° The Board
of Directors and its members shall deal with the construction,
maintenance and operation of the District only through the General
Manager, e~cept f~r the purpose of inquiry; and neither the Board
of Directors, nor any* member thereof, shall give orders to any
employees of the District° The General Manager shall take his
orders and instructions from the Board of Directors only* when
sitting in a duly held meeting of the Board of Directors an~ no
individual Director sha~l give any orders or instructions to the
General Manager.
(n) Officers and Departments. It shall be the duty
of the officers of the District, including the Clerk, Accountant
and Treasurer, to assist the General Manager in administering the
affairs of the District efficiently, economically*, and harmoniously*
as far as may' be consistent with their duties as prescribed by~ law
and ordinances of the District°
(o) Attendance at Committee Meetings. The General
Manager may attend any- and all committee meetings of the Board of
Directors upon his ow~ volition or upon direction of the Board. At
such committee meetings which the General Manager attends, he shall
be heard by such committees as to all matters upon which he wishes
to ad~.ress the members thereof, and he shall cooperate to the
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fullest extent with the members of anN* committees appointed by the
Board of Directors.
(p) Rem?vel of General Manage~ The removal of the
General Manager shall be only upon a four member vote of the entir~
Board of Directors in a regular meeting.; subject, however, to the
'0rovisions of the next succeeding sub-sections hereof° In case of
his intende¢~ removal by the Board of Directors, the General Manager
shall be furnished with a written notice stating the Board's
intention to remove him and the reasons therefore, at last thirty
(30) days before the effective date of his removal°
(q) Hear~o i~ithin seven (7) days after delivery
to the General Manager of such notice, he may, by written notifica-
tion to the Clerk of the District, request a hearing before the
Board of Directors. Thereafter, the Board shall fix a time for thc
hearing which shall be held at its usual meeting place before the
expiration of the thirty (30) day period, at which the General
Manager shall appear and be heard with or without counsel.
(r) Luspension pending hearing° After furnishing th~
General Manager with written notice of intended removal, the Board
of Directors may suspend him from duty, but his compensation shall
continue until his removal bN- ordinance or resolution of the
Directors passed subsequent to the aforesaid hearing.
(s) Discretion of Directors. The removal of the
General Manager shall be in the discretion of the Board of Direc
and its action shall be final and shall not depend upon anN- partic
lar showing or degree of proof at the hearing, the purpose of
is to allow the General Manager to present to said Board of Direct
grounds ~f opposition to his removal prior to its action°
(t) Limitation on Removal. Notwithstanding the
provisions of this ordinance hereinabove enumerated, the General
Manager shall not be removed from office during or within a period
of ninety (90) days next succeeding any General District 'Election
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held in the District at which e!ectio~ a member of the Board of
Directors is elected or appointed when the General Election is
dispensed with; the purpose of this provision being to allow any
newly elected member of the Board of Directors or a re-organized
Board of Directors to observe the actions and abilities of the
General Manager and the performance of the powers and duties of his
office. After the expiration of said ninety (90) day period afore-
mentioned, the provisions of the preceding action to the removal of
said General Manager shall apply and be effective.
Section 6. Ratification° This ordinance does not amend
Ordinance Nco 59, An Ordinance Providing for Compensation for the
General Manager of the '3outh Tahoe Public Utility District, and in
all respects said Ordinance No. 59 is ratified, confirmed and in
full force and effect.
Section 7. Severabilit~*. If any section, subsection, sub-
division, sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise invalid, such
decision shall not affect the validity of the remaining portions
of this ordinance. The Board of Directors hereby declares that it
would have passed this ordinance and each section, sub-section,
subdivision, sentence, clause and phrase thereof irrespective of th
fact that one or more sections, sub-sections, subdivisions, sentenc
clauses or phrases be declared unconstitutional or otherwise in~
Section 8o Effective date. This Ordinance shall take elf cc
from and after thirty (30) days after its passage. At least one
week before the expiration of said thirty (30) days copies of the
ordinance shall be posted by the Clerk at three (3) public places
in the District and a co.~N shall be published at least one week
prior to the expiration of said thirty- (30) days in the Lake Tahoe
News, a newspaper of general circulation .printed and published in
the District, one (1) time.
PASSED AND ADOPTED this l~th daN* of September, 1960, at a
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regular meeting of the Board of Directors of ~outh Tahoe Public
Utility District by the following vote:
NOES:
ABSENT: Director Pankost
Dated: September 15, 1960.
Directors Goeringer, ,Souza, ~fakeman and Wall
None
Attest:
Vernon J. Wgll, A~sistant ~lerk
of the .South Tahoe Public Utility
District and Ex-Officio .Secretary
of the Board of Directors thereof.
orman .nger,
of the Board of Directors
South Tahoe Pablic Utility- Dist
(SEAL)
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BEVE:IaLY ANn W£1DMAN
CERTIFICATE OF POSTING
oTAT_: OF CALIFORNIA
COmiTY OF EL DORADO
I, the undersigned, do hereby certify that I am the Assist
Clerk of the SOUTH TAHOE PUBLIC UTILITY DISTRICT,' County of E1 Dor~
State Qf California, and Ex-Officio Secretary of the Board of
Directors thereof.
resolution to which this certificate is attached, by posting a
full, true and correct copy thereof in each of the three (3)
p~biic places within the District Boundaries, to wit: One (])
copy at Stateline, California, Post Office; one (1) copF~ at Bijou,
California, Post Office and one (1) copy at Tahoe Valley, Californ:
Post Office.
IN ~fITNE~SS i~£4EREOF I have hereunto subscribed my name and
~,:, daF' of
affixed the seal of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, this
,, . ? .,,.,' ,~ .~,
Vernon J-;'""~al!, Assistant
Clerk of the South Tahoe
Public UtilitF-District and
Ex-Officio Secretary of the
Board of Directors thereof.
(SEAL)
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CERTIFICATE OF ORDINANCE
I, VERNON J. ]~,~ALL, Assistant Clerk of the ~30UTH TAHOE PUBLIC
UTILITY DI~ZTRICT, County of E1 Dorado, iZtate of California, and
Ex-Officio Secretary of the Board of Directors thereof, do hereby
certify that the foregoing is a true, full and correct copy of an
ordinance a~opted by the Board of Directors of the $0UTH TAHOE
PUBLIC UTILITY DI~TRICT at a meeting thereof duly held on the l~th
day of ~eptember, 1960, by the following vote of the members of th~
Board of Directors thereof.
AYES: Directors GOERINGER, SOUZA, ~AK~AN and ?~ALL
NOE~. None
ABSENT: Director P~K0 ST o
v'ez-.~o~ J~all] ~ss'iStant C'lerk
of ~outh Tah~oe Pmblic Utility
District anm F~-Officio ~ecretat
(ZEAL) of the Board of Directors°