Buena Park Municipal Code Ch. 2.16 City Manager

The office of the city manager is hereby created and established. The city manager shall be appointed by the city council solely on the basis of his or her executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the city council.

(Prior code § 2-23)

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

(Prior code § 2-24)

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment.

(Prior code § 2-25)

The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be approved by the city council. The bond shall be conditioned on the faithful performance of the duties imposed on the city manager as prescribed in this code.

(Prior code § 2-26)

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 the city manager, subject, however, to the person furnishing a corporate surety bond and conditioned on faithful performance of the duties required to be performed, as set forth in Section 2.16.040, if required by the council.

(Prior code § 2-27; amended during 1990 codification)

The city council may remove the city manager by a majority vote of all members of the council.

(Prior code § 2-28; amended during 1990 codification)

At least thirty days before the removal of the city manager shall become effective, the city council shall, by a three-member vote of its members, adopt a preliminary resolution stating the reason for his or her removal.

(Prior code § 2-29)

After the adoption of the preliminary resolution, the council may suspend the manager from duty, but shall, in any case, cause to be paid him or her forthwith any unpaid balance of his or her monthly salary, and his or her monthly salary shall continue to be paid for the next one calendar month following adoption of the preliminary resolution.

(Prior code § 2-30)

The city council, in removing the city manager, shall use its uncontrolled discretion. Such 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 manager publicly to present to the council his or her grounds of opposition to removal prior to its action.

(Prior code § 2-31)

Notwithstanding the provisions of this article, the city manager shall not be removed from 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. The purpose of this section is to allow any newly elected member to 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 or her office. After the expiration of the ninety-day period aforementioned, the provisions of the preceding sections as to the removal of the city manager shall apply and be effective.

(Prior code § 2-32)

The city manager shall receive such compensation as the city council shall from time to time determine and fix. Such compensation shall be a proper charge against such funds of the city as the city council shall designate.

(Prior code § 2-33)

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 which reimbursement is requested, has been presented to the city council and duly approved and allowed by the city council.

(Prior code § 2-34)

The city manager shall be the administrative head of the city government under the direction and control of the city council, except as otherwise provided in the 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 powers and duties set out in this chapter.

(Prior code § 235)

The city manager shall see that the laws of the state pertaining to the city and all laws and ordinances of the city are duly enforced, and that all franchises, permits and privileges granted by the city are faithfully observed.

(Prior code § 2-36)

The city manager shall appoint, promote, discipline, demote and remove the chief of police, all heads of departments and all subordinate officers and employees of the city, except the city clerk, city attorney and the city treasurer, and may transfer employees from one department to another.

(Prior code § 2-37)

The city manager may consolidate or combine offices, positions, departments or units under his or her jurisdiction.

(Prior code § 2-38)

The city manager shall exercise control over and supervise in general all departments and divisions of the city government and all appointive officers and employees thereof except the city clerk, the city attorney and the city treasurer.

(Prior code § 2-39)

The city manager shall attend all meetings of the city council and its committees unless excused therefrom by the city council, except when his or her removal is under consideration by the city council.

(Prior code § 2-40)

The city manager shall recommend to the city council for adoption such measures and ordinances as he or she deems necessary or expedient.

(Prior code § 2-41)

The city manager shall keep the city council at all times fully advised as to the financial conditions and needs of the city.

(Prior code § 2-42)

The city manager shall prepare and submit to the city council the annual budget for the city and administer it after adoption.

(Prior code § 2-43)

The city manager shall prepare and recommend to the city council a salary plan.

(Prior code § 2-44)

The city manager shall make investigations into the affairs of the city, any department or division thereof and any contract or the proper performance of any obligation running to the city.

(Prior code § 2-45)

The city manager shall investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the service maintained by public utilities in the city.

(Prior code § 2-46)

The city manager shall exercise general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the city council.

(Prior code § 2-47)

The city manager shall devote his or her entire time to the duties and interests of the city.

(Prior code § 2-48)

The city manager shall make reports and recommendations as may be desirable or as requested by the city council.

(Prior code § 2-49)

The city manager shall act as local director of civilian defense.

(Prior code § 2-50)

The city manager shall serve in any appointed office or head of department within the city government to which he or she may be qualified when appointed thereto by the city council and to hold and perform the duties thereof at the pleasure of the city council.

(Prior code § 2-51)

The city manager shall 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 of the city council.

(Prior code § 2-52)

The city manager shall be an ex officio member of all boards and commissions appointed by the mayor or city council pursuant to law, with a right to participate in all deliberations or actions by his or her voice but without vote.

(Prior code § 2-53)

All subordinate officers including the city clerk, the city treasurer and the city attorney, shall 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 law and this code and other ordinances of the city.

(Prior code § 2-54)

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 members thereof shall give orders to any subordinates of the city manager.

(Prior code § 2-55)