Chapter 2.04 — CITY MANAGER

For statutory provisions governing the method of adoption of city manager ordinance, see Gov. Code §§ 34851—34854; for provisions governing appointment of the manager, see Gov. Code § 34855; for provisions authorizing the manager to appoint subordinate city officers, see Gov. Code § 34856.

I. - Appointment

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

(Prior code § 2.97)

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, but within one hundred eighty days thereafter the city manager must become a resident of the city unless the city council approves his residence outside the city.

(Prior code § 2.98)

No member of the city 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 city council.

(Prior code § 2.99).

II. - Temporary Manager

The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, 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. In the event the city manager's absence or disability extends over a six-month period, the city council may, after the six-month period, appoint an acting city manager.

(Prior code § 2.101)

III. - Compensation

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

(Prior code § 2.102 (part))

The city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties, including those incurred when traveling on business pertaining to the city. Reimbursement shall only be made, however, when an itemized claim setting forth the sums expended for such business for which reimbursement is requested has been presented to and approved by the city council.

(Prior code § 2.102 (part))

On termination of employment of the city manager by reason of involuntary removal from office for other than willful misconduct in office, the city manager shall receive cash severance pay in accordance with the terms of his agreement for employment with the city.

(Ord. 239 § 1, 1971: prior code § 2.102 (part))

IV. - Powers and Duties

The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in Sections 2.04.090 through 2.04.200.

(Prior code § 2.103 (part))

It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.

(Prior code § 2.103 (1))

It shall be the duty of the city manager and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads.

(Prior code § 2.103(2))

It shall be the duty of the city manager to, and he shall, appoint, remove, promote and demote any and all officers and employees of the city except the city attorney, subject to all applicable personnel ordinances, rules and regulations.

(Prior code § 2.103(3))

It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

(Prior code § 2.103(4))

It shall be the duty of the city manager and he shall recommend to the city council for adoption such measures and ordinances as he deems necessary.

(Prior code § 2.103(5))

It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the mayor individually or the city council as a whole, except when his removal is under consideration.

(Prior code § 2.103(6))

It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.

(Prior code § 2.103(7))

It shall be the duty of the city manager and he shall be responsible for the purchase of all supplies for all the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager.

(Prior code § 2.103(8))

The city manager is authorized to execute in the name of the City of Anderson all written contracts and conveyances made or entered into by the city and all instruments requiring the city seal pursuant to this provision of the Anderson Municipal Code as authorized in California Government Code section 40602. Notwithstanding this grant of authority, (1) the mayor of the City of Anderson retains this same authority and (2) the city council may expressly provide for another city officer or employee to execute these types of legal instruments when taking action on a matter which comes before them.

(Ord. No. 770, § A, 5-3-2011)

It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof and any contract or the proper performance of any obligations of the city; further, it shall be the duty of the city manager 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.

(Prior code § 2.103(9))

It shall be the duty of the city manager and he shall exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the city council.

(Prior code § 2.103(10))

It shall be the duty of the city manager to devote his entire time to the duties of his office and to furthering the interests of the city.

(Prior code § 2.103(11))

It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the city council.

(Prior code § 2.103(12))

V. - Departmental Cooperation

The city 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 city council nor any member thereof shall give orders to any subordinates of the city manager. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilman shall give any orders or instructions to the city manager.

(Prior code § 2.104(1))

It shall be the duty of all subordinate officers and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

(Prior code § 2.104(2))

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

(Prior code § 2.104(3))

VI. - Removal

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 2.04.250 through 2.04.300. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him and the reason therefor at least thirty days before the effective date of his removal.

(Prior code § 2.105(1))

Within seven days after the delivery to the city manager of such notice required in Section 2.04.240, he may, by written notification to the city clerk, request a hearing before the city council. Thereafter, the city 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.

(Prior code § 2.105(2))

After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the hearing described in Section 2.04.250.

(Prior code § 2.105(3))

In removing the city manager, except as provided in Section 2.04.290, the city 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 city council his grounds of opposition to his removal prior to its action.

(Ord. 240 § l(A), 1971: prior code § 2.105(4))

Notwithstanding the provisions of Sections 2.04.240 through 2.04.270, 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 city council is elected. The purpose of this provision is to allow any newly-elected member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of such ninety-day period aforementioned, the provisions of Sections 2.04.240 through 2.04.270 as to the removal of the city manager shall apply and be effective.

(Prior code § 2.105(5))

In the event the intended removal of the city manager is for wilful misconduct in office, written notice to the city manager as provided by Section 2.04.240 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 2.04.240 through 2.04.280. 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 city council provided that it shall relate to the welfare of the city.

(Ord. 240 § 1(B), 1971: prior code § 2.105(6))

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.

(Ord. 240 § 1(C), 1971: prior code 2.105(7))

VII. - Agreements With Council

Nothing in this chapter shall be construed as a limitation on the power or authority of the city 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.

(Prior code § 2.106)