Barstow Municipal Code Ch. 2.08 City Manager

Footnotes:

--- (2) ---

Editor's note— Ord. No. 978-2021, § 1, adopted Oct. 18, 2021, repealed the former Ch. 2.08, §§ 2.08.010—2.08.070, and enacted a new Ch. 2.08 as set out herein. The former Ch. 2.08 pertained to similar subject matter and derived from Code 1969, §§ 2.08.010—2.08.070; Ord. No. 233, §§ 2—8, adopted in 1965; Ord. No. 303, § 2, adopted in 1969; Ord. No. 371, §§ 1—3, adopted in 1972; Ord. No. 427, §§ 1—3, adopted in 1977; Ord. No. 496, § 1, adopted in 1982; Ord. No. 764, § 2(part), adopted in 2000; Ord. No. 916-2013, § 1, adopted Oct. 7, 2013; and Ord. No. 970-2021, § 1, adopted April 5, 2021.

State Law reference— City manager generally, Government Code § 34851 et seq.

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/her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. For the purposes of the Barstow Municipal Code and city enactments, any references to "city administrator" shall mean city manager, with the powers and duties as defined and limited by this chapter.

(Ord. No. 978-2021, § 1, 10-18-2021)

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, but no person shall hold the office of city manager unless such person resides within the regulated response time as stated in the personnel policies and procedures or applicable employment agreement.

(Ord. No. 978-2021, § 1, 10-18-2021)

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

(Ord. No. 978-2021, § 1, 10-18-2021)

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 and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city.

(Ord. No. 978-2021, § 1, 10-18-2021)

The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city to serve as city manager pro tem during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager, and his/her failure to so appoint a city manager pro tem, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager; subject, however, to such person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed, as set forth in section 2.08.040.

(Ord. No. 978-2021, § 1, 10-18-2021)

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

(b) The city manager shall be reimbursed for all sums necessarily incurred or paid by him/her in the performance of his/her duties or incurred when traveling on business pertaining to the city. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the city council for approval.

(Ord. No. 978-2021, § 1, 10-18-2021)

Under the authority and direction of the mayor and city council, the city manager shall be the administrative head of the government of the city, except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his/her management and may delegate duties to subordinate officers and employees of the city. In addition to the city manager's general powers as administrative head, and not as a limitation thereon, it shall be the city manager's duty and the city manager shall have all the powers set forth in the following subsections, under the authority and direction of the mayor and city council:

(1) Law enforcement. The city manager shall enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the mayor and city council and approved in a duly held noticed city council meeting, are faithfully followed;

(2) Authority over employees. The city manager shall have the authority to order and give directions to all heads of departments and to subordinate officers and employees of the city under his/her jurisdiction through their department heads;

(3) Power of appointment. It shall be the duty of the city manager to appoint, remove, promote, and demote any and all city employees, officers, and department heads of the city, in the manner provided herein, excepting the elected city clerk, city attorney and elected city treasurer. All city department heads, as defined by the city's personnel policies and procedures, may be appointed or removed only after the city manager consults with the mayor and whole city council in a duly noticed open or closed session council meeting, as required by applicable law. Any department head cannot 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 department head and the performance of the powers and duties of his/her office. In removing a department head, the city manager shall consider the recommendation of the city council and shall use his/her uncontrolled discretion; and his/her action shall be final. The mayor and city council shall also have the power to appoint or remove the city attorney and city manager, in compliance with this section and applicable law. The city manager shall appoint, remove, promote, and demote any and all city employees except as aforesaid, subject to such personnel policies and procedures as may be adopted by the mayor and city council;

(4) Reorganization of offices, etc. It shall be the duty and responsibility of the city manager to recommend to the mayor and city council reorganization of departments under his/her direction in the interest of efficient, effective and economical conduct of the city's business, subject to approval by a majority of the mayor and whole city council as required for creation or elimination of departments;

(5) Ordinances. It shall be the duty of the city manager to recommend to the mayor and city council for adoption such measures and ordinances as he/she deems necessary or expedient for the operations of the city;

(6) Attendance at council meetings. It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the mayor, except when his/her removal is under consideration;

(7) Financial reports. It shall be the duty of the city manager to keep the mayor and city council fully advised as to the financial conditions and needs of the city, including at a minimum, on a quarterly basis, through financial reports to be presented at a regularly scheduled council meeting;

(8) 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 mayor and city council for its approval, with such submission to be no less than 60 days before the annual budget must be enacted by the city council;

(9) Purchasing agent. The city manager shall be responsible for the purchase of all supplies for all departments or divisions of the city. No expenditures shall be submitted or recommended to the mayor and city council except on report and approval of the city manager, and the city manager shall ensure that appropriate controls are in place concerning the purchasing and storage of supplies for the city with appropriate inventory and accounting procedures in place;

(10) Investigations. The city manager shall make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligation of the city, including upon a complaint being made or having knowledge of any impropriety on the part of the city, a city department or any employee;

(11) Public utilities; franchises. The city manager shall investigate all complaints in relation to matters concerning the administration of the city with regards to the services maintained by public utilities in the city, and to ensure that all franchise permits granted by the city are faithfully performed, followed, and observed;

(12) Public buildings. The city manager shall exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the mayor and city council;

(13) Hours of employment. The city manager shall devote his/her entire working time to the duties of his/her office in the interests of the city, except upon permission of the mayor and city council by action thereof;

(14) Additional duties. The city manager shall perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or resolution or other action as directed by the mayor and city council;

(15) Council-manager relations. The mayor and 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. Neither the mayor, city council nor any member thereof shall give directions to subordinates of the city manager. The city manager shall take instructions from the mayor and city council only when sitting in a duly held meeting of the mayor and city council, and no individual mayor or councilmember shall give any instructions to the city manager. The mayor and any member of the city council shall have the right to discuss with the city manager any matter of general public interest or concern relative to the proper operations of the city and its needs, problems, or projects thereof, including raising any concerns about any unmet city needs or obligations;

(16) Department cooperation. It shall be the duty of all subordinate officers, the city clerk, city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the city;

(17) Attendance at commission meetings. The city manager may attend meetings of the planning commission and any other commissions, boards or committees hereafter created by the mayor and city council, upon direction of the mayor and city council. At such meetings which the city manager attends, he/she shall inform the members as to the status of any matter being considered by the mayor and city council, and shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the mayor and city council;

(18) Removal of city manager. The removal of the city manager shall be only upon a majority vote of the mayor and the whole city council of the city seated in a duly noticed council meeting. At any time and by a majority vote of the mayor and whole city council, the city manager may be placed on paid administrative leave. In the absence of the city manager, the mayor and city council shall hire or appoint a person who may or may not be a city employee to serve as an acting or interim city manager under the provisions of sections 2.08.020, 2.08.030, and 2.08.050 of this Code and other applicable law, and any acting or interim city manager shall reside at a location within 60 minutes standard response time to Barstow city hall;

(19) Discretion of council. In removing the city manager, the mayor and city council shall use absolute discretion and their action shall be final and shall not be dependent upon any particular showing or degree of proof. Any majority vote by the mayor and whole city council to remove the city manager shall be final;

(20) Limitation on removal. Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager shall not be removed from 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, except by a four-fifths vote of the mayor and whole city council; the purpose of this provision being to allow any newly elected members 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/her office. After the expiration of the 90-day period aforementioned, the provisions of the preceding sections as to the removal of the city manager shall be effective.

(Ord. No. 978-2021, § 1, 10-18-2021)

State Law reference— Power to dismiss and appoint other officers and employees, Government Code § 34856.