Calexico Municipal Code Ch. 2.02 City Manager

The office of city manager is 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. 640 § 2 (part), 1969: prior code § 1251)

While residency within the city of Calexico will be encouraged, residence in the city at the time of appointment of a city manager shall not be required as a condition of the city manager appointment or employment, but within one hundred eighty days thereafter the city manager must become a resident of the city, or the city council shall declare the office of the city manager to be vacant.

(Ord. 1020 § 1 (part), 2005: Ord. 640 § 2 (part), 1969: prior code § 1252)

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

(Ord. 640 § 2 (part), 1969: prior code § 1253)

The city manager shall furnish a corporate surety bond to be approved by the city council in such sums as may be determined by the city council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.

(Ord. 640 § 2 (part), 1969: prior code § 1254)

The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city to serve as officer pro tempore during the temporary absence or disability of the city manager. In case of the absence or disability of the city manager and his failure to so appoint an officer pro tempore, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager, subject however, to said person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in Section 2.02.040.

(Ord. 640 § 2 (part), 1969: prior code § 1255)

A. The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and fix by resolution. Said compensation and expenses shall be a proper charge against such funds of the city as the city council designates.

B. The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his 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 such business for which reimbursement is requested has been presented to the city council for approval.

(Ord. 640 § 2 (part), 1969: prior code § 1256)

It shall be the duty of the city manager to devote his entire time to the duties of his office in the interests of the city.

(Ord. 640 § 2 (part), 1969: prior code § 1267)

The director of human resources/risk manager shall be appointed by the city manager, subject to the approval of the city council to serve at the will and pleasure of the city manager and may be dismissed without cause. Subject to the approval of the city council, the city manager may execute a written contract with this director describing the conditions of this appointment including modification of the at will status.

(Ord. 1004 (part), 2003)

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 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 Section 2.02.090.

(Ord. 640 § 2 (part), 1969: prior code § 1257)

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.

(Ord. 640 § 2 (part), 1969: prior code § 1258)

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.

(Ord. 640 § 2 (part), 1969: prior code § 1259)

It shall be the duty of the city manager to appoint, remove, promote and demote any and all officers and employees of the city, except the city attorney.

(Ord. 1004 (part), 2003: Ord. 963, 1996: Ord. 640 § 2 (part), 1969: prior code § 1260)

(Ord. No. 1145, § 1(B), 10-2-2012; Ord. No. 1166, § 1, 1-5-16; Ord. No. 1198, § 1, 4-17-19)

It shall be the duty and responsibility of the city manager to recommend to the city council such reorganization of officers, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

(Ord. 640 § 2 (part), 1969: prior code § 1261)

It shall be the duty of the city manager to recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient.

(Ord. 640 § 2 (part), 1969: prior code § 1262)

It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom except when his removal is under consideration.

(Ord. 640 § 2 (part), 1969: prior code § 1263)

It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof under his jurisdiction.

(Ord. 640 § 2 (part), 1969: prior code § 1264)

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

(Ord. 640 § 2 (part), 1969: prior code § 1265)

It shall be the duty of the city manager 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.

(Ord. 640 § 2 (part), 1969: prior code § 1266)

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 action of the city council.

(Ord. 640 § 2 (part), 1969: prior code § 1268)

The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purposes of inquiry, and neither the city council nor any member thereof shall give orders 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 held meeting of the city council and no individual councilman shall give any orders or instructions to the city manager.

(Ord. 640 § 2 (part), 1969: prior code § 1269)

It shall be the duty of all subordinate officers, city clerk, finance director/city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the city.

(Ord. 640 § 2 (part), 1969: prior code § 1270)

(Ord. No. 1145, § 1(C), 10-2-2012)

The city manager may attend any and all meetings of the planning commission, recreation or park commission, and any other commissions, boards or committees created by the city council after the effective date of the ordinance codified in this chapter 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. He shall inform said 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. 640 § 2 (part), 1969: prior code § 1271)

Unless specifically provided otherwise in an individual employment agreement, the city council may remove the city manager by a three-member vote with or without cause, subject only to the notice provisions in the Ralph M. Brown Act. In case of his/her intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him/her and the reason therefore at least thirty days before the effective date of his/her removal.

(Ord. No. 1090, § 1; Ord. 1020 § 1 (part), 2005; Ord. 640 § 2 (part), 1969: prior code § 1272)

(Ord. No. 1134, § 1, 12-6-11)

Within seven days after the delivery to the city manager of the notice required in Section 2.02.220, 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.

(Ord. 640 § 2 (part), 1969: prior code § 1273)

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 resolution of the council, passed subsequent to the hearing designated in Section 2.02.230.

(Ord. 640 § 2 (part), 1969: prior code § 1274)

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.

(Ord. 640 § 2 (part), 1969: prior code § 1275)

Notwithstanding the provisions of this chapter, 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 provision is to allow any newly elected 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 said ninety-day period, the provisions of Section 2.02.050 as to the removal of the city manager shall apply and be effective.

(Ord. 640 § 2 (part), 1969: prior code § 1276)

A person may apply for a waiver of any city fee, up to an amount set by city council resolution, by submitting a written application to the city manager on a form provided by the city. The city manager, or designee, may grant a fee waiver for good cause shown, hardship, or equity as provided in the city's fee waiver policy adopted by city council resolution and amended from time to time. The decision of the city manager, or designee, may be appealed to the city council.

(Ord. No. 1208, § 2, 2-5-20)