Blythe Municipal Code Ch. 2.04 City Manager

Footnotes:

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Editor's note— Ord. No. 904, § 2, adopted Nov. 10, 2020, repealed the former Ch. 2.04, §§ 2.04.010—2.04.290, and enacted a new Ch. 2.04 as set out herein. The former Ch. 2.04 pertained to similar subject matter and derived from Ord. 356 §§ 1, 3—7, adopted in 1967; Ord. 584 § l (part), adopted in 1981; and Ord. 683 § 2 (part), adopted in 1991.

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 or her administrative and executive ability and qualifications and shall hold office at and during the pleasure of the city council.

(Ord. No. 904, § 2, 11-10-20)

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

(Ord. No. 904, § 2, 11-10-20)

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

(Ord. No. 904, § 2, 11-10-20)

The city manager shall receive such compensation and expense allowances as the city council from time to time determines and fixes, and said compensation and expenses shall be a proper charge against such funds of the city as the city council designates.

The city manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her 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 such business for which reimbursement is requested, has been presented to and approved by the city council.

(Ord. No. 904, § 2, 11-10-20)

In case of the absence of the city manager, or his or her temporary disability to act as such, the city council may appoint a manager pro tempore, who shall possess the powers and discharge the duties of the city manager during such absence or disability only; provided, however, that a manager pro tempore shall have no authority to appoint or remove any city officer or employee except with the concurrence of the city council.

(Ord. No. 904, § 2, 11-10-20)

A. 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. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control.

B. In addition to the city manager's general powers as administrative head, and not as a limitation thereon, the city manager shall have the powers and duties set forth in this chapter.

(Ord. No. 904, § 2, 11-10-20)

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.

(Ord. No. 904, § 2, 11-10-20)

It shall be the duty of the city manager, and he or she shall have the authority, control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads.

(Ord. No. 904, § 2, 11-10-20)

A. It shall be the duty of the city manager to appoint, remove, promote, discipline, and demote any and all officers and employees of the city, provided that the appointment, removal, promotion and demotion of department heads requires prior approval of the city council. Nothing in this section shall give the city manager the power to appoint, remove, promote, demote or execute contracts with the city clerk, the city attorney or the city treasurer.

B. All department heads are at-will employees, and may be removed or suspended by the city manager accordingly. Prior to assuming a position, all department heads shall enter into a written agreement with the city, signed by the city manager. The contract shall affirm the department head's at-will status, establish compensation, the term of the agreement, and the means of termination. The contract shall be prepared by the city attorney, and approved by the city council. This section shall only apply prospectively, to persons filling department head positions from the effective date of the ordinance from which this chapter is derived.

For purposes of this section, the term "department head" shall include each of the following positions:

1. Police chief;

2. Fire chief;

3. Finance director;

4. Public works director;

5. Planning director;

6. City engineer;

7. Any future position determined at the time to have "department head" status.

(Ord. No. 904, § 2, 11-10-20)

It shall be the duty and responsibility of the city manager to recommend to the city council such reorganization of offices, positions, departments or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

(Ord. No. 904, § 2, 11-10-20)

It shall be the duty of the city manager to recommend to the city council for adoption such measures and ordinances as the city manager deems necessary or expedient.

(Ord. No. 904, § 2, 11-10-20)

It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the city council, except when his or her removal is under consideration.

(Ord. No. 904, § 2, 11-10-20)

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.

(Ord. No. 904, § 2, 11-10-20)

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.

(Ord. No. 904, § 2, 11-10-20)

It shall be the duty of the city manager and the city manager shall have the power to purchase all supplies for all of the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager.

(Ord. No. 904, § 2, 11-10-20)

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.

(Ord. No. 904, § 2, 11-10-20)

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

(Ord. No. 904, § 2, 11-10-20)

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 are under the control and jurisdiction of the city council.

(Ord. No. 904, § 2, 11-10-20)

It shall be the duty of the city manager to devote the city manager's entire time to the duties of his or her office and the interests of the city.

(Ord. No. 904, § 2, 11-10-20)

It shall be the duty of the city manager to perform such other duties and exercise such powers as may be delegated to him or her from time to time by ordinance or resolution or other action of the city council.

(Ord. No. 904, § 2, 11-10-20)

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 or her orders and instructions from the city council only when sitting in a duly held meeting of the city council and no individual council member shall give any orders or instructions to the city manager.

(Ord. No. 904, § 2, 11-10-20)

It shall be the duty of all subordinate officers and 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.

(Ord. No. 904, § 2, 11-10-20)

The city manager may attend any and all meetings of any commissions, boards or committees created by the city council upon his or her own volition or upon direction of the city council. At such meetings which the city manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof, and he or she shall inform said members as to the status of any matter being considered by the city council and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

(Ord. No. 904, § 2, 11-10-20)

The city manager shall have the duty to have maintained a perpetual inventory of all city property.

(Ord. No. 904, § 2, 11-10-20)

The city manager shall have the power and authority to execute documents as provided in California Government Code Section 40602 whenever such documents are within the city manager's purchasing authority or have been approved by the city council for execution by the city manager by resolution, motion, minute order or other appropriate action.

(Ord. No. 904, § 2, 11-10-20)

The city manager shall act as agent for the city in the discharge of its administrative functions, but shall not exercise any policy-making or legislative functions nor attempt to commit or bind the city council to any action, plan or program requiring action by the city council.

(Ord. No. 904, § 2, 11-10-20)

In the discharge of his or her duties, the city manager shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his or her contacts with the public and with all city officers and employees, to the end that the highest possible standards of public service be continuously maintained.

(Ord. No. 904, § 2, 11-10-20)

The city manager shall enter into a written agreement with the city wherein his or her compensation, the term of his or her agreement and means of termination shall be set forth. Such agreement shall be approved by a majority of the city council. Nothing contained in said agreement shall supersede the provisions of this Chapter 2.04 of the Blythe Municipal Code.

(Ord. No. 904, § 2, 11-10-20)

The removal of the city manager shall be effected only on a majority vote of the whole city council. 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. Unless otherwise provided in the agreement with the city manager, the city manager shall be entitled to no hearing nor shall the city manager be entitled to a statement of reasons for his or her termination.

(Ord. No. 904, § 2, 11-10-20)