Canyon Lake Municipal Code Ch. 2.04 City Manager

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. The City Manager shall hold office for and during the pleasure of the City Council.

(3-12/90 § 2.08.010) (Ord. 155, passed 8-6-2014)

No member of the City Council shall 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.

(3-12/90 § 2.08.020) (Ord. 155, passed 8-6-2014)

The City Council and City Manager shall enter into a written agreement which implements the provisions of this chapter, specifically including, but not limited to, those regarding compensation, expense reimbursement, term and termination of employment. Such written agreement and any amendments thereto shall be adopted at an open session in the manner required by applicable State law.

(Ord. 155, passed 8-6-2014)

The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the Council shall designate. Such contract may provide for severance in the event of termination or removal in an amount not to exceed that allowed by State law.

(Ord. 155, passed 8-6-2014)

During his or her temporary absence from the City, the City Manager, shall designate in writing a qualified City administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. In the event the City Manager's position becomes vacant, the City Council shall appoint an acting or interim City Manager.

(Ord. 155, passed 8-6-2014)

The City Manager shall be the administrative head of the government of the City and its chief fiscal officer under the direction and control of the City Council except as otherwise provided in this chapter. The City Manager 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, he or she shall be expected to, and shall have the power to:

(a) 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;

(b) Except as provided for in subsection (c), appoint, remove, promote and demote any and all officers and employees of the City, except elective officers and the City Attorney, subject to all applicable personnel rules and regulations which may be adopted by the City Council. Under Government Code Section 34856, this power includes the authority to appoint, remove, promote and demote the City Clerk and City Treasurer and any deputies as may be necessary for the efficient discharge of the duties of those offices;

(c) Appoint, with the consent of the City Council, the Planning Director;

(d) Control, order and give directions to all department heads who are subject to his appointment and removal authority, and to subordinate officers and employees of the City under his jurisdiction through their department heads;

(e) Conduct studies and effect such organization and reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business;

(f) Recommend to the City Council for adoption such measures and ordinances as he deems necessary;

(g) Attend all meetings of the City Council unless excused therefrom by the Mayor individually or the City Council as a whole, except when his performance is under consideration;

(h) Develop and maintain, in accordance with the State laws and the City ordinances and the best accepted procedures, adequate financial records, reports and budgetary control of all receipts, disbursements and reserves of the City;

(i) Audit all demands in accordance with the applicable provisions of this Code and State law;

(j) Prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval;

(k) Direct and supervise all the purchasing activities of the City, and keep current inventories of property of the City departments, offices and agencies;

(l) Keep the City Council at all times fully advised as to the financial condition and needs of the City, and assist the City Council in formulating all long-range financial plans and programs;

(m) Make investigations into the affairs of the City and any department or division thereof and any contract or the proper performance of any of the obligations of the City; and further, 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;

(n) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the City Council;

(o) Have the same authority as the Mayor (as conveniences to the parties may dictate) to sign documents specified in Section 40602 of the Government Code of the State whenever such documents have been approved by the City Council for execution by resolution, motion, minute order or other appropriate action;

(p) Perform such duties as are prescribed by Sections 41000 through 41007 of the Government Code of the State and by any other provisions of law applicable to deposit and investment and safekeeping of public funds of the City;

(q) Perform such other responsibilities and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the City Council.

(3-12/90 § 2.08.060) (Ord. 155, passed 8-6-2014; Am. Ord. 188, passed 12-4-2019)

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 any subordinates of the City Manager. For purposes hereof, “inquiry” means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall give all information reasonably requested by any Councilmember. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual Councilmember shall give any orders or instructions to the City Manager. The City Council shall instruct the City Manager in matters of policy. Any action, determination or omission of the City Manager shall be subject to review by the City Council. The City Council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three members of the City Council.

(Ord. 155, passed 8-6-2014)

It shall be the duty of all subordinate officers and the City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously.

(3-12/90 § 2.08.080) (Ord. 155, passed 8-6-2014; Am. Ord. 188, passed 12-4-2019)

The City Manager may attend any and all meetings of any commission, board or committee created by the City Council, 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 such members as to the status of any matter being considered by the City Council, and he shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the City Council.

(3-12/90 § 2.08.090) (Ord. 155, passed 8-6-2014)

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 to the provisions of this chapter and any applicable contract terms.

(Ord. 155, passed 8-6-2014; Am. Ord. 159, passed 5-6-2015)

Within seven days after the delivery to the City Manager such notice required in Section 2.04.150, 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 at which the City Manager shall appear and be heard, with or without counsel.

(3-12/90 § 2.08.110) (Ord. 155, passed 8-6-2014)

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 described in Section 2.04.110.

(3-12/90 § 2.08.120) (Ord. 155, passed 8-6-2014)

In removing the City Manager, except as provided in Section 2.04.150, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing.

(3-12/90 § 2.08.130) (Ord. 155, passed 8-6-2014)

Notwithstanding the provisions of Sections 2.04.100 through 2.04.130, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 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.

(Ord. 155, passed 8-6-2014)

In the event the intended removal of the City Manager is for cause for misconduct in office, written notice to the City Manager as provided in Section 2.04.100 shall state that the reason for removal is willful misconduct in office and shall state specific facts which constitute such willful misconduct. The procedure for hearing and for suspension pending hearing shall be followed as stated in Sections 2.04.100 through 2.04.140. A determination of willful misconduct in office shall be evidenced by specific findings of facts constituting such willful misconduct. The determination for what constitutes willful misconduct shall be within the sole discretion of the City Council provided that it shall relate to the welfare of the City.

(3-12/90 § 2.08.150) (Ord. 155, passed 8-6-2014)

Willful misconduct includes conduct directly related to conduct in office and directly related to the duties of the office. It includes the refusal to follow the lawful directions of the City Council. It also includes conduct not directly related to the performance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the City. Evidence of such direct and harmful effect shall include but shall not be limited to, conviction of a misdemeanor or felony.

(Ord. 155, passed 8-6-2014)

Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.

(Ord. 155, passed 8-6-2014)