Atwater Municipal Code Ch. 2.04 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.

(Prior Code § 2-2.101; Ord. CS 375, 1978; Ord. CS 424, 1979)

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 90 days after reporting for work the City Manager must become a resident of the City unless the City Council approves his residence outside the City.

(Prior Code § 2-2.102; Ord. CS 411, § 1, 1979; Ord. CS 424, 1979)

The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the said City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City manage as herein prescribed. Any premium for such bond shall be a proper charge against the City.

(Prior Code § 2-2.103; Ord. CS 424, 1979)

The City Manager shall receive such compensation as the City Council shall from time to time determine. In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.

(Prior Code § 2-2.104; Ord. CS 375, 1978; Ord. CS 377, 1978; Ord. CS 424, 1979)

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 Code. 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 thereof, it shall be his duty and he shall have the powers set forth in the following subsections:

A. Law enforcement. 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.

B. Authority over employees. 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. Notwithstanding the foregoing, the position of Chief of Police shall not be under the authority of the City Manager. The Chief of Police shall report directly to, and be subject to the authority of, the City Council. This subsection B shall remain in effect until the date that the positions of City Manager and Chief of Police are no longer occupied by the same individual.

C. Employment agreements. The City Manager, subject to the advice and consent of the City Council, may negotiate and enter into employment agreements with department heads.

D. Power of appointment and removal. 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 (with the exception of the Chief of Police, who shall report directly to the City Council), subject to all applicable personnel ordinances, rules and regulations. This subsection D shall remain in effect until the date that the positions of City Manager and Chief of Police are no longer occupied by the same individual.

E. Administrative reorganization of offices. 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.

F. Ordinances. It shall be the duty of the City Manager and he shall recommend to the City Council for adopting such measures and ordinances as he deems necessary.

G. Attendance at Council meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless at his request he is excused therefrom by the Mayor individually or the City Council.

H. Financial reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial conditions and needs of the City.

I. Budget. 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.

J. Expenditure control and purchasing. It shall be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager. The City Manager shall be the purchasing agent of the City and shall be responsible for the purchase of all supplies for all the departments or divisions of the City.

K. Investigations and complaints. 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 said City.

L. Public buildings. It shall be the duty of the City Manager and he shall exercise general supervision over all public buildings, public parks, and other public property which are under the control and jurisdiction of the City Council.

M. Additional duties. 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 § 2-2.105; Ord. CS 424, 1979; Ord. CS 883, § 1, 5-29-2007; Ord. CS 963, § 1, 4-13-2015; Ord. CS 979, § 1, 2-27-2017)

A. Council-Manager relations. 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, either publicly or privately, give orders or instruction to any subordinates of the City Manager. The City Manager shall receive direction and instructions from the City Council when it is setting in a duly convened meeting of the City Council and individual Council members shall not give orders or direction to the City Manager without knowledge and concurrence of the whole Council.

B. Department cooperation. It shall be the duty of all subordinate officers and the Police Chief, City Clerk, City Treasurer and City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously. This subsection B shall remain in effect until the date that the positions of City Manager and Chief of Police are no longer occupied by the same individual.

C. Attendance at Commission meetings. The City Manager may attend any and all meetings of the Planning Commission, Parks and Recreation 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 said 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 and committees appointed by the City Council.

(Ord. CS 424, 1979; Ord. CS 761, 5-11-1998; Ord. CS 963, § 1, 4-13-2015)

The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in a regular Council meeting. However, the City Manager shall not be removed from office other than for misconduct in office, during or within a period of 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.

(Ord. CS 425, 1979)

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.

(Ord. CS 424, 1979)