Brawley Municipal Code Art. VII City Manager

The office of the city manager of the city is hereby created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council.

(Ord. No. 643, § 1.)

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, but within one hundred eighty days after reporting for work, the city manager must become a resident of the city unless the city council approves his residence outside the city.

(Ord. No. 643, § 2.)

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

(Ord. No. 643, § 3.)

The city manager and acting 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 and acting city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city.

(Ord. No. 643, § 4.)

The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by filing a written notice with the city clerk, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability. In the event the city manager's absence or disability extends over a two-month period, the city manager may, after the two-month period, appoint an acting city manager.

(Ord. No. 643, § 5.)

The city manager shall receive such compensation as the city council shall from time to time determine.

In addition, the city manager shall be reimbursed for reasonable and necessary expenses incurred by him in the performance of his official duties. Reimbursement shall only be made, however, when an itemized claim setting forth the sum expended for which reimbursement is requested has been presented and approved by the city council.

On termination of employment of the city manager by reason of involuntary removal from service other than for willful misconduct in office, the city manager shall receive severance pay in a cash lump sum equal to four months' pay, such sum to be computed at the rate of compensation of the city manager at the time of such termination. Involuntary removal from service shall include reduction in pay not applicable to all employees of the city.

Before voluntarily resigning from the position of city manager, the city manager shall give the city council ninety days notice in writing of his intention to resign, together with the reasons therefor.

(Ord. No. 643, § 6; Ord. No. 756, § 1; Ord. No. 759, § 1; Ord. No. 96-03, § 1; Ord. No. 2005-03, § 1.)

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 article. 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 powers set forth in the following subsections.

(a) Law enforcement. 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.

(b) Authority over employees. It shall be the duty of the city manager, and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads.

(c) Power of appointment and removal. It shall be the duty of the city manager to, and he shall, appoint, remove, promote and demote any and all officers and employees of the city, except the city clerk, city attorney and city treasurer, subject to all applicable personnel ordinances, rules and regulations.

(e) Ordinances. It shall be the duty of the city manager, and he shall, recommend to the city council for adoption such measures and ordinances as he deems necessary.

(f) Attendance at council meetings. It shall be the duty of the city manager to attend all meetings of the city council unless at his request he is excused therefrom by the mayor individually or the city council, except when his removal is under consideration.

(g) Financial reports. It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.

(h) 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 city council for its approval.

(i) Expenditure control and purchasing. It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the city council, except on approval of the city manager or his authorized representative. The city manager or his authorized representative shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

Supplemental appropriations. No purchase shall be made, contract let, or obligation incurred for any item or service which exceeds the current budget appropriation without a supplemental appropriation by the city council.

(j) Investigations and complaints. 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. Further, 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.

(k) Public buildings. It shall be the duty of the city manager to, and he shall, 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.

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

(Ord. No. 643, § 7; Ord. No. 756 §§ 2, 3, 4; Ord. No. 759, § 2.)

(a) Council-manager relations. 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 or instructions 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 convened meeting of the city council, and no individual councilman shall give any orders or instructions to the city manager.

(b) Department cooperation. 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.

(c) Attendance at commission meetings. The city manager may attend any and all meetings of the planning commission, recreation and park commission, airport commission, and any other commissions, boards or committees created by the city council, upon his own volition or upon direction of the city council. At such meetings which the city manager attends, he 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 to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

(Ord. No. 643, § 8.)

(a) Removal of city manager. The removal of the city manager shall be effected only by a majority vote of the whole city council as then constituted, convened in a regular council meeting, subject, however, to the provisions of the next succeeding subsections. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him, at least thirty days before the effective date of his removal. If the city manager so requests, the city council shall provide in writing reasons for the intended removal, which shall be provided the city manager within seven days after the receipt of such request from the city manager, and at least fifteen days prior to the effective date of such removal.

(b) Hearing. Within seven days after the delivery to the city manager of such notice of intention to remove, 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 its usual meeting place, but before the expiration of the thirty-day period, at which the city manager shall appear and be heard, with or without counsel.

(c) Suspension pending hearing. After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by action of the council passed subsequent to the aforesaid hearing.

(d) Discretion of 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 at the hearing, the purpose of which is to allow the city manager to present to the city council his grounds of opposition to his removal prior to its action.

(e) Limitation on removal. Notwithstanding the provisions of this section hereinabove set forth, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which election a member of the city council is elected or when a new city councilman is appointed. The purpose of this provision is to allow any newly-elected or appointed member 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 office. After the expiration of the ninety-day period aforementioned, the provisions of this section as to the removal of the city manager shall apply and be effective.

(Ord. No. 643, § 9.)

Nothing in this article shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager, delineating additional terms and conditions of employment not inconsistent with any provisions of this article.

(Ord. No. 643, § 10.)