Banning Municipal Code Ch. 2.08 City Manager

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

(Code 1965, § 2-10.)

The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the city council.

(Code 1965, § 2-11.)

Residence in the city at the time of appointment shall not be required as a condition of appointment to the office of city manager.

(Code 1965, § 2-12.)

No person elected to membership on the city council shall, subsequent to such election, be eligible for appointment as city manager, until one year has elapsed after he has ceased to be a member of the city council.

(Code 1965, § 2-13.)

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 city council. Such bond shall be conditioned on the faithful performance of the duties imposed on the city manager as described in this chapter. The fee for such bond shall be paid by the city.

(Code 1965, § 2-14.)

A. The city manager shall receive such compensation as the city council shall, from time to time, determine and fix by resolution, and such compensa-tion shall be a proper charge against such funds of the city that the city council shall designate.

B. The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for which the reimbursement is requested, has been presented to the city council and by the city council duly approved and allowed.

(Code 1965, § 2-16.)

(Ord. No. 1588, § 2, 4-25-23)

Footnotes:

--- (1) ---

Editor's note— Ord. No. 1588, § 1, adopted April 25, 2023, repealed the former § 2.08.060, and renumbered the former §§ 2.08.070—2.08.110, as §§ 2.08.060—2.08.100, as set out herein. The former § 2.08.060 pertained to assistant manager and derived from Code 1965, § 2-15.

The city manager shall be the administrative head of the city government 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 power as follows:

A. To see that this Code and all laws and ordinances of the city are enforced and that all franchises, permits and privileges granted by the city are faithfully observed.

B. The power to consolidate or combine offices, positions, departments or units under his or her direction; and to control, order, and give directions to all heads of departments, subordinate officers and employees of the city, except the city clerk, city treasurer and the city attorney; provided, however, that any major administrative reorganization affecting city finances shall be subject to concurrence by a formal vote of the city council.

C. To appoint, promote, demote and remove any officers and employees of the city except the city clerk, city treasurer and city attorney.

D. To exercise control over all departments of the city government and over all appointive officers and employees thereof, except the city clerk, city treasurer and city attorney.

E. To attend all meetings of the city council unless excused therefrom by the city council, except when his removal is under consideration by the city council.

F. To recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient.

G. To keep the city council at all times fully advised as to the financial conditions and needs of the city.

H. To prepare and submit to the city council the annual budget. City council approval of the annual budget or schedule of anticipated expenditures constitutes approval to the purchasing agent to procure any items therein listed. Any items not so listed shall first have approval from the city council before purchase can be authorized by the city manager. No expenditure shall be submitted or recommended to the city council, except on report or approval of the city manager. All purchases shall be made in accordance with city ordinances.

I. To make investigations into affairs of the city and any department or division thereof, and any contract, or the proper performance of any obligations running to the city.

J. 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, and to see that all franchises, permits and privileges granted by the city are faithfully performed and observed.

K. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the city council and not specifically delegated to a particular board or officer.

L. To devote his time diligently to the duties of his office and the interest of the city.

M. The service and facilities of the city clerk, city treasurer and the city attorney shall be made available to the city manager to the same extent, in the same manner and to the same effect they are available to the city council.

N. To perform such other duties and exercise such other power as may be delegated to him from time to time by ordinance or resolution of the city council.

(Code 1965, § 2-17.)

(Ord. No. 1478, §§ 3—5, 3-25-14; Ord. No. 1540, § 1, 1-8-19; Ord. No. 1588, § 2, 4-25-23)

The city manager is hereby authorized to execute an employment contract in contemplation of employment by the city subject to the following requirements:

A. The contract is for the position of department head.

B. The contract is for a classification of employment that is not included within any recognized employee organization.

C. The maximum compensation and benefits expressly or impliedly included in the contract are subject to the approval of the city council prior to the contract taking effect. Such approval shall be granted by ordinance or resolution. Approval may be granted as a part of the adoption of the department of city budget if such adoption is by ordinance or resolution.

D. The contract shall be subject to the limitations set forth in California Government Code Section 53260 et seq. or any successor sections.

(Code 1965, § 2-17.2.)

(Ord. No. 1588, § 2, 4-25-23)

A. The removal of the city manager shall be only on a majority vote of the whole city council.

B. Notwithstanding the provisions of this section; the city manager shall not be removed from office during or within a period of ninety days next succeeding either: (i) any general municipal election held in the city at which election a member of the city council is elected, or (ii) the date of actual appointment of any member of the city council where a vacancy has been filled by appointment. The purpose of this provision is to allow for any newly elected member to 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-day period aforementioned, the provisions of this section as to the removal of the manager shall apply and be effective.

(Code 1965, § 2-18.)

(Ord. No. 1478, § 2, 3-25-14; Ord. No. 1588, § 2, 4-25-23)

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 subordinate of the city manager.

(Code 1965, § 2-19.)

(Ord. No. 1588, § 2, 4-25-23)