Chapter 3.04 — CITY MANAGER

The office of city manager of the city of Burlingame 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 during the pleasure of the city council. 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 following the termination of the tenure for which he or she last was elected. (1941 Code § 420, Ord. 615, (1956))

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 and shall be conditioned on the faithful performance of the duties imposed on the city manager as herein prescribed. (1941 Code § 421, Ord. 615, (1956))

(a) The city manager may delegate the performance of duties of the manager specified in this code to others unless otherwise expressly provided by action of the council. However, the city manager will remain responsible to the city council for the proper performance of those duties.

(b) In case of absence or disability of the city manager, the city council may designate a duly qualified person to perform the duties of the city manager. (1941 Code § 422, Ord. 615, (1956); Ord. 1656 § 3, (2001))

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 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 power:

(a) To see that all laws and ordinances of the city are duly enforced.

(b) To control, order and give directions to all heads of departments, subordinate officers and employees of the city, except the city clerk, city treasurer and city attorney; and to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his or her direction, provided, however, that nothing herein contained shall be construed to supersede the authority of the civil service commission in the matter of classification of city officers or employees.

(c) To exercise control over all departments of the city government and over all appointive officers and employees thereof.

(d) To attend all meetings of the city council unless excused therefrom by the council, except when his or her removal is under consideration by the council.

(e) To recommend to the city council for adoption such measures and ordinances as he or she deems necessary or expedient.

(f) To keep the city council at all times fully advised as to the financial conditions and needs of the city.

(g) To prepare and submit to the city council the annual budget.

(h) To purchase all supplies for all of the departments or divisions of the city and to enter into contracts on behalf of the city as provided herein and by any governing purchasing policy. The city manager shall exercise up to $100,000 in contracting signature authority, consistent with the city's budget as adopted or amended by the city council. No expenditure shall be submitted or recommended to the city council, except on report or approval of the city manager.

(i) 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 running to the city.

(j) 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. The city manager shall be authorized to settle claims and litigation brought or asserted against the city, on the recommendation of the city attorney, in an amount up to $20,000.

(k) To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the city council and not specifically delegated to a particular board or officers.

(l) To devote his or her entire time to the duties of his or her office and the interests of the city of Burlingame.

(m) 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 of the city council. (1941 Code § 423, Ord. 615, (1956); Ord. 1890 § 1, (2013); Ord. 2030, 9/16/2024)

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. (1941 Code § 424, Ord. 615, (1956))

The city manager shall receive such compensation as the city council shall from time to time determine and fix by resolution, and he or she shall be paid at the same time and out of the same fund as other employees and officers of the city are paid. He or she shall also be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or when traveling on business pertaining to the city; provided that such reimbursement shall be made on an itemized claim and presented to the city council for approval and by it approved and allowed. (1941 Code § 425, Ord. 615, (1956))

The removal of the city manager shall be only on a four-fifths vote of the whole council. In case of his or her intended removal by the council, the city manager shall be furnished with a written notice stating the council's intention to remove him or her and the reasons therefor, at least 30 days before the effective date of his or her removal.

Within seven days after the delivery to the city manager of such notice, he or she may by written notification to the city clerk, request a public hearing before the council. Thereafter the council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the 30 day period, and at which the city manager shall appear and be heard.

After furnishing the city manager with written notice of intended removal, the city council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by resolution of the council passed subsequent to the aforesaid public hearing.

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 publicly present to the city council his or her grounds of opposition to removal prior to its action. (1941 Code § 426, Ord. 615, (1956))