Brisbane Municipal Code Ch. 2.04 City Manager

Pursuant to section 34851 of the government code of the state, and other laws applicable, the council establishes a city manager form of government and creates the office of city manager.

(Ord. 325 § 2(part), 1987).

Any reference in the municipal code of the city of brisbane to "city manager-clerk" shall, unless otherwise specifically stated, mean "city manager."

(Ord. 325 § 2(part), 1987).

The city manager shall be appointed by the city council solely on the basis of his or her executive and administrative qualifications and ability.

(Ord. 325 § 2(part), 1987).

The city manager may (but need not) be a resident of the city. if he or she is not a resident, he or she shall reside within a reasonable distance, to be specified by the city council, sufficient to enable him or her to respond to after-hour emergencies. no person elected as a council member of the city shall, subsequent to such election, be eligible for appointment as city manager until two (2) years have elapsed after such councilmember shall have ceased to be a member of the city council.

(Ord. 325 § 2(part), 1987).

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

(Ord. 325 § 2(part), 1987).

In case of the absence or disability of the city manager, the city council may designate some duly qualified person to perform the duties of the city manager during the period of absence or disability of such city manager, subject, however, to said persons furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in this chapter.

(Ord. 325 § 2(part), 1987).

The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and either embody in an employment agreement or fix by resolution or motion. The city manager shall report to the city council, on a timely basis, the use of vacation and leave time. The city council may delegate its functions in this regard, and in regard to the employee benefits of the city manager, to a responsible officer of the city, such as the finance director. The city council may elect to cause the city to enter into an employment agreement with the city manager concerning any of the foregoing matters and such other matters concerning his or her employment by the city as are not inconsistent with the provisions of this chapter. Such employment agreement may legally bind the city with respect to such matters. The city council shall furnish the city manager with an annual evaluation of his or her performance.

(Ord. 325 § 2(part), 1987).

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 the 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, he or she shall have the duties and the powers set forth in the following subsection, in each instance under the direction and control of the city council and through and in cooperation with the appropriate department head:

A. To see that all laws and ordinances of the city are duly enforced and that all franchises, permits and privileges granted by the city are faithfully observed;

B. To control, order and give directions to all heads of departments, except the city attorney's office, and to subordinate officers and employees of the city through their department head; transfer employees from one department to another; consolidate or combine offices, positions or units within a single department which is under his or her direction; and, with the advice and prior consent of the city council, to consolidate or combine offices, positions or units which are in different departments;

C. To appoint, remove, promote and demote, and to represent the city council in any negotiations with, any and all officers and employees of the city, except the city attorney. The appointment of any department head shall not be made without the advice and prior consent of the city council, and any removal, promotion, demotion or annual or similar evaluation of a department head shall be after prior consultation with the city council;

D. To represent the city in its negotiations and working relationships with the state, the county and other governmental jurisdictions; provided, that any contracts negotiated for the exchange of services from any such other government jurisdiction shall be subject to approval by the city council;

E. To attend all meetings of the city council of the city unless excused therefrom by the council;

F. To recommend to the city council for adoption such measures or ordinances as he or she deems necessary or expedient;

G. To keep the city council at all times fully advised as to the financial condition and needs of the city;

H. To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval;

I. To support all supplies for all of the departments or divisions of the city. No expenditure shall be submitted or recommended to the city council except on report of the approval of the city manager;

J. To make investigations into the affairs of the city or any department or division thereof and any contract for the proper performance thereof;

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

L. 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;

M. To devote full time to the duties of his or her office and the interests of the city;

N. 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 action of the city council;

O. To attend any and all meetings of any commissions or boards created by the city council upon his or her own volition or upon direction of the city council. At any such meetings at which he or she attends, the city manager shall be heard by such commissions or boards as to all matters upon which he or she wishes to address them.

(Ord. 325 § 2(part), 1987).

A. Subject to the provisions of this chapter, 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 the subordinates of the city manager, except in the event of an emergency endangering life or property.

B. It shall be the duty of all subordinate officers, and of the city attorney, to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously, so far as may be consistent with their duties as prescribed by the laws and ordinances of the city.

C. Upon appointment of the city manager, the terms of subordinate officers over whom he or she has power of appointment and removal cease unless they are reappointed by him or her. All powers heretofore vested in any other officer or employee of the city, except the city attorney, by ordinance, resolution or other action of the council which are by this chapter vested in the city manager, shall be deemed to be transferred to the city manager as though all such ordinances, resolutions or other actions had been specifically amended.

(Ord. 325 § 2(part), 1987).

The city manager shall hold office at and during the pleasure of the city council. Subject to the terms of any employment agreement between the city council and the city manager, his or her employment may be terminated by the city council at any time, with or without cause, and without notice except as may otherwise be required by law. Removal of the city manager shall be only by a vote of at least three (3) members of the city council at a regular meeting of the council or, if at an adjourned regular or special meeting of the council, only if notice thereof has been given to each member of the city council and, to the extent permitted by law, in any public notice of the adjourned or special meeting. However, the vote of four (4) members of the council shall be required to remove a city manager within sixty (60) days after his or her appointment or within sixty (60) days after any election at which one or more members are elected to the city council.

(Ord. 325 § 2(part), 1987).