American Canyon Municipal Code Ch. 2.08 City Manager

The office of the city manager is created and established. The city manager

shall be appointed by the council wholly on the basis of administrative and executive ability and qualifications. The city manager shall hold office for and during the pleasure of the council.

Previously codified as 2.08.010

No member of the council shall be eligible for appointment as city manager until one

year has elapsed after such council member has ceased to be a member of the council.

Previously codified as 2.08.020

The city manager shall receive such compensation and expense allowances as the

council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the council shall designate.

Previously codified as 2.08.030

The city manager shall be reimbursed for all actual and necessary

expenses incurred by him or her in the performance of his official duties.

Previously codified as 2.08.040

The city manager, by a letter filed with the city clerk, shall

designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. The council may appoint an acting or interim city manager.

Previously codified as 2.08.050

The city manager shall be the administrative head of the government of the

city under the direction and control of the council except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all affairs of the city which are under his control. In addition to his or her general powers as administrative head, and not as a limitation thereon, he or she shall be expected to, and shall have the power to:

(A) Enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the council are faithfully observed;

(B) Except as provided for in subsection C, appoint, remove, promote, and demote any and all officers and employees of the city, except elective officers and the city attorney, but including the offices of city clerk and city treasurer, subject to all applicable personnel rules and regulations which may be adopted by the council;

(C) Appoint, with the consent of the council, the community development director;

(D) Control, order and give directions to all department heads who are subject to his or her appointment and removal authority, and to subordinate officers and employees of the city under his or her jurisdiction through their department heads;

(E) Conduct studies and effect such organization and reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business;

(F) Recommend to the council for adoption such measures and ordinances as he or she deems necessary;

(G) Attend all meetings of the council unless excused therefrom by the mayor individually or the council as a whole, except when his or her removal is under consideration;

(H) Prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval;

(I) Direct and supervise all the purchasing activities of the city;

(J) Keep the council at all times fully advised as to the financial condition and needs of the city;

(K) Make investigations into the affairs of the city and any department or division thereof and any contract or the proper performance of any of the obligations of the city; and further, to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city;

(L) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the council;

(M) Have the same authority as the mayor (as conveniences to the parties may dictate) to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the council for execution by resolution, motion, minute order or other appropriate action; and

(N) Perform such other responsibilities and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the council.

Ord. 2007-03 § 1, 2007

Previously codified as 2.08.060

(A) The council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the council not any member thereof shall give orders to any subordinates of the city manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall give all information reasonably requested by any councilmember.

(B) The city manager shall take his or her orders and instructions from the council only when sitting in a duly convened meeting of the council and no individual councilman shall give any orders or instructions to the city manager. The council shall instruct the city manager in matters of policy. Any action, determination or omission of the city manager shall be subject to review by the council. The council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three members of the council.

Previously codified as 2.08.070

It shall be the duty of all subordinate officers and the city attorney,

city clerk and city treasurer to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

Previously codified as 2.08.080

The city manager may attend any and all meetings of the

planning commission, and any other commission, board or committee created by the council, upon his own volition or upon direction of the council. At such meetings which the city manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof. He or she shall inform such members as to the status of any matter being considered by the council, and he shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the council.

Previously codified as 2.08.090

The removal of the city manager shall be effected only by a majority

vote of the whole council as then constituted, convened in a regular council meeting, subject, however, to the provisions of Sections 2.08.110 through 2.08.160. In case of his or her intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him or her and the reason therefor at least thirty days before the effective date of his or her removal.

Previously codified as 2.08.100

Within seven days after the delivery to the city manager such notice required

in Section 2.08.100, he or she may, by written notification to the city clerk, request a hearing before the council. Thereafter, the council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, at which the city manager shall appear and be heard, with or without counsel.

Previously codified as 2.08.110

After furnishing the city manager with written notice

of intended removal, the council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by resolution of the council passed subsequent to the hearing described in Section 2.08.110.

Previously codified as 2.08.120

In removing the city manager, except as provided in Section

2.08.150, the council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the council his or her grounds of opposition to his or her removal prior to its action.

Previously codified as 2.08.130

Notwithstanding the provisions of Sections 2.08.100 through 2.08.130, the

city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which election a member of the council is elected. The purpose of this provision is to allow any newly-elected member of the council or a reorganized council to observe the actions and ability of the city manager in the performance of the powers and duties of his or her office. After the expiration of such ninety-day period aforementioned, the provisions of Sections 2.08.100 through 2.08.130 as to the removal of the city manager shall apply and be effective.

Previously codified as 2.08.140

In the event the intended removal of the city manager is for

wilful misconduct in office, written notice to the city manager as provided in Section 2.08.100 shall state that the reason for removal is wilful misconduct in office and shall state specific facts which constitute such wilful misconduct. The procedure for hearing and for suspension pending hearing shall be followed as stated in Sections 2.08.100 through 2.08.140. A determination of wilful misconduct in office shall be evidenced by specific findings of facts constituting such wilful misconduct. The determination of what constitutes wilful misconduct shall be within the sole discretion of the council provided that it shall relate to the welfare of the city.

Previously codified as 2.08.150

Wilful misconduct includes conduct directly related to conduct in

office and directly related to the duties of the office. It includes the refusal to follow the lawful directions of the city council. It also includes conduct not directly related to the performance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the city. Evidence of such direct and harmful effect shall include but shall not be limited to, conviction of a felony.

Previously codified as 2.08.160

Nothing in this chapter shall be construed as a limitation on the power

or authority of the council to enter into any supplemental agreement with the city manager delineating additional` terms and conditions of employment not inconsistent with any provisions of this chapter.

Previously codified as 2.08.170