Ceres Municipal Code Ch. 03 City Manager

The position of the City Manager is created and established. The City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office at the pleasure of the City Council.

(Ord. No. 2019-1053, § 2, 11-12-2019)

Whenever a reference is made to "City Administrator" in this Code, or in any other City ordinance, that reference shall be deemed to mean "City Manager." This chapter supersedes all other City ordinances in which the term "City Administrator" may appear.

(Ord. No. 2019-1053, § 2, 11-12-2019)

A. The City Council shall appoint the City Manager for an indefinite term and may remove that person at any time by a three-member vote of the City Council, convened at either a regular or special Council meeting.

B. Notwithstanding the provisions of subsection A of this section, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days after any general municipal election held in the City, at which election a member of the City Council is elected or when a new City Councilmember is appointed. The purpose of this provision is to allow any newly-elected or appointed 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 or her office. After the expiration of said 90-day period aforementioned, the provisions of subsection A of this section as to removal of the City Manager shall apply and be effective.

(Ord. No. 2019-1053, § 2, 11-12-2019)

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. The City Manager shall have the following duties and responsibilities:

A. Law enforcement. 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.

B. Authority over department heads and transfer of employees. To order and give directions to all heads of departments, subordinate officers and employees of the City, except elected officials, and to transfer employees from one department to another; and to consolidate or confine officers, positions, departments or units under his or her direction.

C. Power of appointment and removal. All department heads of the City shall serve at the pleasure of the City Manager and the City Council. The term "Department Heads" as used herein, shall include the Director of Finance, Police Chief, Fire Chief, the Director of Engineering Services/City Engineer, the Director of Community Development, the Director of Human Resources, Public Works Director and such other department heads as may be from time to time created. The City Manager shall have the power to appoint, remove, promote, and demote all department heads. Any such action by the City Manager shall require ratification of the City Council.

All other officers and employees of the City, except the City Treasurer, the City Attorney and all elected officials shall be appointed, removed, promoted and demoted by the City Manager in accordance with the employee merit system rules and regulations of the City.

D. Administrative reorganization of offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business.

E. Ordinances. It shall be the duty of the City Manager and he or she shall recommend to the City Council for adoption such measures, resolutions and ordinances as he or she deems necessary.

F. Attendance at council meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless he or she is excused by the Mayor individually or the City Council.

G. Financial reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City; and, at the end of each fiscal year, present a complete report to the City Council on the finances and administrative activities of the City.

H. Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.

I. Expenditure control and purchasing. It shall be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or his or her authorized representative. The City Manager, or his or her authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City; further, it shall be the duty of the City Manager to maintain a purchasing system for all City offices, departments and agencies.

J. Investigations and complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any City department or division, and any contract or the proper performance of any obligations of the City; further, 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.

K. Public buildings. It shall be the duty of the City Manager and he or she shall exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the City Council.

L. Exclusion of city attorney from scope of surveillance. In addition to the elective officers and their respective staffs, the position of City Attorney shall be excluded from the scope of the City Manager's surveillance; however, the services and facilities of that officer shall be made available to the City Manager.

M. Additional duties. 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 or her from time to time by ordinance or resolution or other official action of the City Council.

N. Pursuant to Government Code section 36510, the City Council vests with the City Manager the authority to appoint the City Clerk. The City Clerk is not required to be a resident or elector of the City. The City Clerk shall serve under the supervision and direction of the City Manager and may be removed or disciplined by the City Manager in accordance with the employee merit system rules and regulations of the City.

(Ord. No. 2019-1053, § 2, 11-12-2019)

The City Manager shall be provided a seat at the City Council dais and shall be entitled to participate in the deliberations of the City Council but shall not have a vote.

(Ord. No. 2019-1053, § 2, 11-12-2019)

The City Manager shall appoint, from time to time, one of the other officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager.

(Ord. No. 2019-1053, § 2, 11-12-2019)

No member of the City Council shall be eligible for appointment as City Manager until two years have elapsed after such Councilmember has ceased to be a member of the City Council.

(Ord. No. 2019-1053, § 2, 11-12-2019)

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 upon the faithful performance of the duties imposed upon the City Manager as herein prescribed. Any premium for such bond shall be proper charge against the City.

(Ord. No. 2019-1053, § 2, 11-12-2019)

The City Manager shall receive such compensation as the City Council shall from time to time determine.

(Ord. No. 2019-1053, § 2, 11-12-2019)

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 or instructions 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 convened meeting of the City Council and no individual Councilmember shall give any orders or instructions to the City Manager.

(Ord. No. 2019-1053, § 2, 11-12-2019)

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

(Ord. No. 2019-1053, § 2, 11-12-2019)