Belvedere Municipal Code Ch. 2.04 City Manager

Sections:

The office of City Manager of the City is hereby created and established. The City Manager shall be appointed by the City Council on the basis of his administrative and executive ability and qualifications and shall hold office during the pleasure of the City Council. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 3, 1955; prior code § 2-2.)

No person elected as a councilman 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. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 3, 1955; prior code § 2-3.)

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 which shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as herein prescribed. The premium for such bond shall be a proper charge against and shall be paid by the City. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 4, 1955; prior code § 2-4.)

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 tempore during any temporary absence or disability of the City Manager. In case of the temporary absence or disability of the City Manager and his failure to so appoint a City Manager pro tempore, the City Council shall designate some qualified City employee to perform the duties of the City Manager during the period of temporary absence or disability of the City Manager. Said employee shall furnish a corporate surety bond as provided in Section 2.04.030 of this chapter. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 5, 1955; prior code § 2-8.)

A. The City Manager shall receive such compensation as the City Council shall from time to time determine by resolution.

B. The City Manager shall be reimbursed for all sums necessarily paid or debts necessarily incurred by him in the performance of his duties, or sums paid or debts incurred when traveling on business pertaining to the City pursuant to the direction of the City Council; reimbursement shall be made, however, only when an itemized claim-setting forth the sums expended and debts incurred for which reimbursement is requested has been presented and approved by the City Council. (Ord. 80-3, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 6, 1955; prior code § 2-5.)

The hours of employment of the City Manager shall be established by resolution of the City Council. He shall not accept other employment or receive compensation from any source other than the City without permission of the City Council. (Ord. 80-3, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(m), 1955; prior code § 2-7.)

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 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, he shall have the duties and powers set forth in Sections 2.04.060 through 2.04.250. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7, 1955; prior code § 2-6.)

It shall be the duty of the City Manager to attend all meetings of the City Council, except when his removal is under consideration. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(f), 1955; prior code § 2-6(f).)

The City Manager may attend any and all meetings of the Planning Commission, Recreation Commission, and any other commission, board or committee hereafter created by the City Council, upon his own volition or upon direction of the City Council. At such meetings the City Manager 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 with the members of all commissions, boards or committees appointed by the City Council to the fullest extent consistent with his duties as prescribed by ordinance or other act of the City Council. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(g), 1955; prior code § 2-11.)

It shall be the duty of the City Manager to recommend to the City Council such reorganization of offices, positions, departments or units under his direction as may be in the interest of efficient, effective and economical conduct of the City’s business. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(d), 1955; prior code § 2-6(d).)

It shall be the duty of the City Manager and he shall have the authority to control and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(b), 1955; prior code § 26(b).)

It shall be the duty of the City Manager to see that all laws and ordinances of the City are enforced and to see that all franchises, licenses and permits granted by the City and contracts entered into by the City are faithfully performed and observed. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7 (a), 1955; prior code § 2-6(a).)

It shall be the duty of the City Manager to make investigations into the affairs of the City and all departments and divisions thereof, to investigate contracts to which the City is a party, and to investigate the performance of obligations of and to the City. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(j), 1955; prior code § 2-6(j).)

It shall be the duty of the City Manager to recommend to the City Council for adoption such resolutions and ordinances as he deems necessary or expedient. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(e), 1955; prior code § 2-6(j).)

The City Clerk shall be appointed by the City Manager. (Ord. 2011-3 § 2, 2011; Ord. 80-3 § 1, 1980; Ord. 76-3 § 1 and § 2, 1976; Ord. 83 NS § 7(s), 1955; prior code § 26(8).)

It shall be the duty of the City Manager to keep the City Council at all times fully advised with respect to the financial condition and needs of the City. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(g), 1955; prior code § 2-6(g).)

It shall be the duty of the City Manager to prepare and submit a proposed annual budget and a proposed annual salary plan to the City Council for its approval. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(h), 1955; prior code § 2-6(h).)

It shall be the duty of the City Manager to purchase and he shall be responsible for the purchase of all supplies for the City and all supplies of all the departments and divisions of the City. All expenditures recommended to the City Council shall be submitted through the City Manager. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(i), 1955; prior code § 2-6(i).)

The City Manager shall be the personnel officer of the City; and, pursuant to Section 34856 of the Government Code of the State, shall have the power and authority to appoint, dismiss, promote and demote any and all officers and employees of the City except the City Attorney, City Treasurer, elective officers, and members of appointed boards and commissions. The City Manager shall represent the City pursuant to Section 3500 et seq. of the Government Code of the State of California. (Ord. 80-3 § 1, 1980; Ord. 76-5 § 1, 1976; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(c), 1955; prior code § 2-6(c).)

The office of Chief of Police is hereby created and established. The Chief of Police shall be appointed by the City Manager, subject to the approval of the City Council, on the basis of his qualifications and abilities as may be required by State law for a peace officer under Section 830.1 of the Penal Code, and Sections 36501, 41611 et seq. of the Government Code of the State. The Chief of Police shall hold office at the pleasure of the City Manager. (Ord. 80-4 § 2, 1980; Ord. 80-3 § 2, 1980; Ord. 76-3 § 2, 1976; Ord. 83 NS § 7(r), 1955; prior code § 2-6(r).)

It shall be the duty of the City Manager to investigate all complaints relating to matters concerning the administration of the City government and to the service maintained by public utilities in the City. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(k), 1955; prior code § 2-6(k).)

It shall be the duty of the City Manager to exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the City. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(1), 1955; prior code § 2-6(1).)

It shall be the duty of the City Manager to perform such other functions and exercise such other powers as may be assigned to him from time to time by ordinance, resolution or other act of the City Council. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(n), 1955; prior code § 2-6(n).)

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 held meeting of the City Council, and no individual councilman shall give any orders or instructions to the City Manager. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(o), 1955; prior code § 2-9.)

It shall be the duty of all subordinate officers and the City Clerk, City Treasurer, City Attorney, City Police Chief and City Fire Chief to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously to the extent consistent with their duties as prescribed by law and the ordinances of the City. (Ord. 80-4 § 3, 1980; Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 7(p), 1955; prior code § 2-10.)

The City Manager shall be removed from office only pursuant to a resolution of the City Council. Said resolution must be approved by the affirmative vote of three members of the City Council at a regular Council meeting. The adoption of such resolution shall be subject to the provisions of Sections 2.04.270 through 2.04.300. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 8, 1955; prior code § 2-12(a).)

At least thirty days prior to the vote by the City Council upon a resolution for the removal of the City Manager, the City Manager shall be furnished with a written notice stating the Council’s intention to vote upon his removal and the reasons therefor. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 8(a), 1955; prior code § 2-12(b).)

Within seven days after the delivery to the City Manager of such notice, 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 the Council’s usual meeting place before the expiration of the thirty-day period. The City Manager may appear and be heard at said hearing, with or without counsel. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 8(b), 1955; prior code § 2-12(c).)

After furnishing the City Manager with written notice of intended removal, the City Council may suspend him from his office, but his compensation shall continue until his removal by resolution of the Council adopted subsequent to the aforesaid hearing. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 8(c), 1955; prior code § 2-12(d).)

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. (Ord. 80-3 § 1, 1980; Ord. 76-3 § 1, 1976; Ord. 83 NS § 8(d), 1955; prior code § 2-12(e).)