Chapter 2.06 — CITY ADMINISTRATOR/CITY MANAGER

The office of the city manager is hereby 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.

(Ord. 183 §1, 1983).

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 ninety (90) days thereafter the city manager must become a resident of the city, unless the city council approves his residence outside the city.

(Ord. 183 §2, 1983).

No member of the city council shall be eligible for appointment as city manager until one (1) year has elapsed after such council member shall have ceased to be a member of the city council.

(Ord. 183 §3, 1983).

The city manager shall be required to furnish a corporate surety bond to be approved by the city council, for the sum of at least one hundred thousand dollars ($100,000.00), which shall be conditioned upon the faithful performance of the duties imposed upon the city manager as herein after prescribed. The premium for such bond shall be a proper charge against the city.

(Ord. 183 §4, 1983).

(Ord. No. 367, § 1, 4-11-2006)

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. This letter is to be filed after approval of the city council, or if the city council does not approve any such designee then it may designate such person. In the event the city manager's absence or disability extends over a one-month period, the city council may, after the one (1) month period, appoint an acting city manager.

(Ord. 183 §5, 1983).

A.

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

B.

In addition, said 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 has been presented to and approved by the city council.

C.

The city manager may receive severance pay, if provided for in the city manager's employment contract with the City of Arvin, and shall comply with the requirements set forth in California Government Code Section 53260.

(Ord. 338, 2004; Ord. 183 §6, 1983).

(Ord. No. 373, § 1, 2007).

II. - 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 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 2.06.080 through 2.06.200.

(Ord. 183 §7(part), 1983).

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

(Ord. 183 §7.1, 1983).

It shall be the duty of the city manager, and he/she shall have the authority to control, order and give directions to all heads of department, officers, subordinate officers and employees of the city under his jurisdiction through their department heads, except the city attorney, finance director and, as to the duties of the city clerk as imposed by the Government Code.

(Ord. 200, 1984: Ord. 183 §7.2, 1983).

(Ord. No. 477, § 2, 2-8-2022)

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

(Ord. 332, 2003: Ord. 183 §7.3, 1983).

(Ord. No. 477, § 2, 2-8-2022)

It shall be the duty and responsibility of the city manager to conduct studies and recommend to the city council 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.

(Ord. 183 §7.4, 1983).

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.

(Ord. 183 §7.5, 1983).

It shall be the duty of the city manager to attend all meetings of the city council.

(Ord. 183 §7.6, 1983).

It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.

(Ord. 183 §7.7, 1983).

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

(Ord. 183 §7.8, 1983).

(Ord. No. 477, § 2, 2-8-2022)

No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager.

(Ord. 183 §7.9, 1983).

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, itshall 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.

(Ord. 183 §7.10, 1983).

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 property which are under the control and jurisdiction of the city council.

(Ord. 183 §7.11, 1983).

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

(Ord. 183 §7.12, 1983).

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.

(Ord. 183 §7.13, 1983).

III. - INTERNAL RELATIONS

The city council and its members do hereby express the desire to deal with the administrative services of the city through the city manager. Except as otherwise provided in this code, neither the city council nor any of its members shall interfere with the powers and duties of the city manager, nor shall they directly or indirectly order the city manager or subordinates to appoint or remove any person to or from any office or employment. Except for the purpose of inquiry, investigation or report, the city council and its members shall deal with the administrative services under the jurisdiction of the city manager solely through the city manager. Inquiries by the city council or any of its members about the day-to-day operations of administrative services under the jurisdiction of the city manager shall be through the city manager. Neither the city council nor any member thereof shall publicly or privately give orders to any subordinate of the city manager except as otherwise provided by this code. Nothing herein shall prohibit the city council or its members from communicating with employees regarding non day-to-day operations.

(Ord. 183 §8.1, 1983).

(Ord. No. 433, § 2, 9-6-2016)

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

(Ord. 183 §8.2, 1983).

The city manager may attend any and all meetings of the planning commission, and any other commissions, boards or committees 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, and he shall inform the 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.

(Ord. 183 §8.3, 1983).

IV. - REMOVAL PROCEDURE

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 or special council meeting, subject to the provisions of Sections 2.06.250 through 2.06.280. In case of his intended removal by the city council, the city manager shall be

furnished with a thirty (30) day prior written notice stating the council's intention to remove him and the reason thereof or, and the date, time and place of the meeting.

(Ord. 183 §9.1, 1983).

In removing the city manager, 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; nor does any stated reason of the city council for the intended removal or removal need to be one which constitutes cause.

(Ord. 183 §9.2, 1983).

Within seven (7) days after the delivery to the city manager of such notice required in this section, 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 (30) day period, at which the city manager shall appear and be heard, with or without counsel.

(Ord. 183 §9.3, 1983).

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 2.06.260.

(Ord. 183 §9.4, 1983).

Notwithstanding the provisions of this article, proceedings for removal of the city manager shall not be instituted other than for cause, during or within a period of ninety (90) 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 the ninety (90) day period aforementioned, the provisions of Article IV as to the removal of the city manager shall apply and be effective.

(Ord. 183 §9.5, 1983).

V. - MISCELLANEOUS PROVISIONS

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 ordinance.

(Ord. 183 §10, 1983).

Wherever in any ordinance, resolution or motion of the council enacted, adopted or passed prior to the effective date of the ordinance codified in this chapter, the words "city administrator" appear, there shall be deemed substituted the words "city manager." Wherever in any city contract, franchise or permit entered into or granted prior to the effective date of the ordinance codified herein, any duty, power, right or responsibility is vested in the city administrator, the city manager shall exercise the same.

(Ord. 183 §11, 1983).