Berkeley Municipal Code Ch. 2.36 City Manager’s Department

*For Charter provisions regarding appointment of the City Manager, their powers and duties, see Charter §§ 20, 27, 28, 29; for provisions authorizing the council to create City departments, see Charter § 31.

A City Manager’s Department is created, which shall be under the direct control and management of the City Manager, and shall consist of the City Manager and such other employees as the City Manager may assign to the department. (Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 2.01, 1949)

The City Manager shall have the duties, responsibilities, authorities and jurisdictions provided by the Charter of the City, the ordinances and resolutions adopted by council, and the laws of the state, wherein they relate to the administration of the City, the Housing Authority, and the Redevelopment Agency of the City. The functions of the City Manager’s Department are the control of the City budget, and the performance of all duties prescribed by the Charter and ordinances of the City and the laws of the state for those officers and officials included in the City Manager’s Department. (Ord. 5990-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982; Ord. 4985-NS § 1 (part), 1977; Ord. 4736-NS § 7 (part), 1974; Ord. 4509-NS (part), 1971; Ord. 3069-NS § 2.02, 1949)

The City Manager is empowered to make such rules and regulations for the conduct of the various administrative departments of the City. (Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 2.03, 1949)

All officers and employees of the City shall be under the general administrative direction of the City Manager, with the exception of the Auditor, the employees of the Auditor’s Office, the City Attorney, the employees of the City Attorney’s Office, the Office of the Director of Police Accountability, the Rent Stabilization Board, the five library trustees, and the employees of the public libraries. (Ord. 7929-NS § 2, 2024; Ord. 5434-NS § 2 (part), 1982; Ord. 3293-NS (part), 1953; Ord. 3069-NS § 2.04, 1949)

During the absence or disability of the City Manager, the following shall apply:

A. In case of the temporary absence or disability of the City Manager, the Deputy City Manager or other City employee designated by the City Manager, shall perform the duties and exercise the powers of the City Manager.

B. In case of any other absence or disability of the City Manager, the City Council shall appoint an Acting City Manager who shall perform the duties and exercise the powers of the City Manager. (Ord. 5990-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982; Ord. 4736-NS § 7 (part), 1974; Ord. 4509-NS (part), 1971; Ord. 4283-NS (part), 1967; Ord. 4127-NS (part), 1965; Ord. 3851-NS (part), 1961; Ord. 3069-NS § 2.06, 1949)