Brea Municipal Code Ch. 2.04 City Manager

A. 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 administrative and executive ability and qualifications and shall hold office for and during the pleasure of the City Council.

B. Manager’s term of employment. No new, modified or extended City Manager employment/ services agreement shall be for a term of more than three (3) years with options to extend exercisable at the discretion of council majority. Effective November 6, 2012, this provision shall be incorporated within any modification or renewal of any existing City Manager agreement or incorporated into any new agreement. Any termination of the City Manager prior to expiration of any three (3) year term shall be subject to Brea Municipal Code §§ 2.04.050(C) and 2.04.080.

(1961 Code, § 2.40; Ord. 427; Initiative Measure T, 11-6-2012)

A. Unless waived by City Council on a one-time per person basis with no waiver granted in excess of three (3) years, a City Manager hired after passage of this measure shall be required to live within a four (4) mile radius of Brea City Hall. The City Manager should be readily available for any emergency and reside near other Brea residents to better appreciate their plight (per Cal. Constitution Article XI,§ 10b).

B. No member of the City Council shall be eligible for appointment as City Manager until one (1) year has elapsed after such member shall have ceased to be a member of the City Council.

(1961 Code, § 2.42; Ord. 427; Initiative Measure T, 11-6-2012)

The City Manager may be required to 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. Any premium for such bond shall be a proper charge against the city.

(1961 Code, § 2.43; Ord. 427)

The Assistant City Manager shall serve as manager pro tempore during any temporary absence or disability of the City Manager, unless the City Manager, by a letter filed with the City Clerk, designates a qualified city administrative officer to exercise the powers and perform the duties of Manager during his or her temporary absence or disability. This letter also shall be filed with the City Council. The City Council may appoint an acting City Manager.

(1961 Code, § 2.44; Ord. 427)

A. The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine, and such 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 actual and necessary expenses incurred in the performance of official duties, including those incurred when traveling on business pertaining to the city; reimbursement shall be made pursuant to the then current reimbursement policy and procedure.

C. Unless otherwise specified by an employment agreement, 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 cash severance pay in a lump sum, equal to one (1) month of pay, such pay to be computed at the highest salary received by the City Manager during his or her service with the city. Involuntary removal from service shall include resignation because of reduction in pay not applicable to all employees of the city.

D. Salaries of public safety personnel reporting to the City Manager may exceed the salary of the City Manager.

(1961 Code, § 2.45; Ord. 427; Initiative Measure T, 11-6-2012)

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 or she shall be responsible for the efficient administration of all affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers hereinafter set forth:

A. Enforcement of franchises, etc. It shall be the duty of the City Manager 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 or she shall have the duty to control, order and give direction to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads, excepting the City Treasurer and City Attorney.

C. Power of appointment and removal. It shall be the duty of the City Manager to, and he or she shall appoint, remove, promote and demote any and all officers and employees of the city, except the City Treasurer and City Attorney, subject to all personnel ordinances, rules and regulations. Appointments and removal of department directors will be made after consulting with the City Council.

D. Administrative reorganization of offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions 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.

E. Ordinances. It shall be the duty of the City Manager and he or she shall recommend to the City Council for adoption such measures and ordinances as he or she 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 excused.

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. Purchasing. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager.

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 such city.

K. Public buildings. It shall be the duty of the City Manager and he or she 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. Hours of employment. It shall be the duty of the City Manager to devote his or her entire time to the duties of the office and in furthering the interests of the city, except as otherwise permitted by the City Council.

M. 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 or her from time to time by ordinance or resolution or other official action of the City Council.

N. It shall be the duty of the City Manager to evaluate methods for the retention, development, and recruitment of key executives, including, but not limited to, constructing and entering into agreements with individual executives to prevent, delay or defer retirement or resignation when such action is in the best interests of the city and the affected department.

(1961 Code, § 2.46; Ord. 427; Ord. 1085, 10-18-2005; Ord. 1095, 8-15-2006)

A. Council-Manager relations. The City Council and its members do hereby express the desire to deal with the administrative services of the city through the City Manager.

B. Departmental 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 or his or her designee 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 such 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.

(1961 Code, § 2.47; Ord. 427)

A. Removal of Manager. The removal of the City Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council meeting, subject, however, to the provisions of the next succeeding subsections. In case of intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove him or her and the reason therefor.

B. 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 nor does any stated reason of the City Council for the intended removal or removal need to be one which constitutes cause.

C. Limitation on removal. Notwithstanding the provisions of this section, proceedings for removal of the City Manager shall not be instituted other than for cause, during the period of six (6) months next succeeding the certification of results of a municipal election at which a member of the City Council is elected. The purpose of this provision is to allow 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 the office. After the expiration of such six (6) month period, the provisions of this section as to the removal of the City Manager shall apply and be effective.

(1961 Code, § 2.48; Ord. 427; Ord. 1255, 4-1-2025)

Nothing in this chapter 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 chapter.

(1961 Code, § 2.49; Ord. 427)

Wherever in any ordinance, resolution or motion of the Council heretofore enacted, adopted or passed, the words “City Administrator” appears, there shall be deemed substituted the words “City Manager.” Wherever in any city contract, franchise or permit heretofore entered into or granted, any duty, power, right or responsibility is vested in the City Administrator, the City Manager shall exercise the same.

(1961 Code, § 2.50; Ord. 427)