HomeMy WebLinkAbout2018-02-12 Ordinance 5427DocuSign Envelope ID: 006AC2EB-6190-4C6F-AOCB-23043547CE27
ORDINANCE No. 5427
Ordinance of the Council of the City of Palo Alto
Amending Section 2.08.120 (Office and duties of the city attorney) of Chapter 2.08
(Officers and Departments) and Section 2.30.270 (Delegations of authority to contract) of
Chapter 2.30 (Contracts and Purchasing Procedures) of Title 2 (Administrative Code) ofthe Palo
Alto Municipal Code to Update Attorney Job Titles
Recitals
A. Pursuant to the provisions of Section 12 of Article Ill of the Charter of the City of
Palo Alto, the Council on June 27, 2017 did adopt a budget for fiscal year 2017-18, including a
table of organization describing the staffing for each department of the City.
B. In the 2017-18 annual budget and associated enactments, Council simplified and
updated job titles, also known as "classifications," in the City Attorneys Office.
C. Two sections of the Municipal Code need to be updated to reflect the new job
titles.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 2.08.120 (Office and duties of the city attorney) of Chapter 2.08
(Officers and Departments) of Title 2 (Administrative Code) of the Palo Alto Municipal Code is
amended to read as follows:
2.08.120 Office and duties of the city attorney.
(a) The office of the city attorney shall be under the direction of a city attorney who
shall be accountable to the council. The duties of the city attorney shall be as follows:
(1) To advise the council, the city manager, boards, commissions and all
officers and departments of the city on all matters of law;
{2) To draft, or assist in the drafting of, all ordinances, resolutions,
agreements, and contracts to be made or entered into by the city, and approve the form of
such instruments;
{3) To prosecute all violators of city ordinances and to represent the city in
all actions at law;
(4) To have authority to appoint deputies and assistants in accordance with
control procedures.for that purpose and administered by the department of human resources;
provided, that the appointment of the seRier assistaRt eity atterRey chief assistant city attorney
shall be approved by at least a majority of the council;
DocuSign Envelope ID: 006AC2EB-6190-4C6F-AOCB-23043547CE27
(5) To defend any officer or employee of the city in any action arising out of
the performance of the official duties of such officer or employee;
(6) To perform such other duties as may be required by the Charter or as the
council may require.
SECTION 2. Section 2.30.270 (Delegations of authority to contract) of Chapter 2.30
(Contracts and Purchasing Procedures) of Title 2 (Administrative Code) of the Palo Alto
Municipal Code is amended to read as follows:
2.30.270 Delegations of authority to contract.
This Section establishes the exclusive source of authority to delegate any authority to
contract granted by this chapter. The authority to delegate contracting authority shall not be
implied from any other provision of this municipal code.
(a) Procurement Officer Delegations. The Procurement Officer may delegate the
authority granted under Section 2.30.200, as follows: a city employee holding the position of
contract manager or senior buyer may be authorized to award and sign any contract in an
amount of $50,000.00 or less per year with a term not to exceed three years; and a city
employee holding the position of buyer may be authorized to award and sign any contract in an
amount of $25,000.00 or less per year with a term not to exceed three years.
(b) City Manager Delegations. The City Manager may delegate the authority to
contract granted to the City Manager by this chapter or Section 2.08.140{a}(3) and (5) of this
municipal code to an Assistant City Manager and to the Director of Administrative Services,
and, as to wholesale utility commodities and services contracts and transactions issued thereto,
the City Manager may delegate to the Director of Utilities. If an Assistant City Manager, the
Director of Administrative Services, or the Director of Utilities is unable to exercise the
authority delegated to him or her due to legal or physical incapacity, constraint, or
unavailability, the City Manager may, with the prior concurrence of the City Attorney, delegate
the authority to any other city employee.
(c) City Attorney Delegations. The City Attorney may delegate any authority to
contract granted to the City Attorney by this chapter to a city employee holding the position of
~riAei~al atterAey chief assistant city attorney or, if the ~riAei~al atteFAey chief assistant city
attorney is unavailable, seAier assistaAt eity atterAey assistant city attorney.
(d) Delegations to be Written. All delegations of authority shall be in writing, be
dated, and describe the limits ofthe authority delegated, including, without limitation, the
type, dollar amount, quantity of goods, the scope of services or authority, and the term of the
contracts that may be executed under the delegation. All delegations of authority shall be kept
on file by the Procurement Officer.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
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