Chino Municipal Code Ch. 2.08 City Manager

The office of the city manager is established and created. The city manager will be responsible to the city council and will take official direction only when the council is duly constituted.

(Prior code § 2-5.)

The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability and he shall hold office at the pleasure of the city council.

(Prior code § 2-6.)

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment; provided, however, that within one year thereafter the city manager shall be encouraged to become a resident of the city.

(Prior code § 2-7.)

No person elected as a 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 shall have ceased to be a member of the city council.

(Prior code § 2-8.)

It shall be the duty of the city manager to devote as must time as is necessary to carry out the duties of that office.

(Prior code § 2-20.)

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

(Prior code § 2-11.)

A. 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 shall be responsible for the efficient administration of all the affairs of the city which are under his control.

B. In addition to the city manager's general powers as administrative head and not as a limitation thereon, the city manager shall have the following duties and powers:

1. The city manager is empowered to designate city officers or employees of the city to exercise the powers authorized by section 836.5(a) of the California Penal Code, including the issuance of citations for violations of the provisions of the city code pursuant to sections 853.5 and 853.6 of the California Penal Code. He is also responsible for general policy supervision of the public safety functions and primary liaison between these departments and the city council;

2. To exercise control over all departments of the city government and over all appointive officers, employees and operations thereof, except those that are by law under control of another party;

3. To appoint, remove, promote and demote any officers and employees of the city, except the city attorney, the city treasurer and those under the control of another party, subject to the city personnel system;

4. To control, order and give directions to all heads of departments, subordinate officers and employees of the city and to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his direction; provided however, that nothing contained in this chapter shall be construed to supersede the provisions contained in the personnel ordinance and subject to state statutes in that field;

5. To attend all meetings of the city council unless excused therefrom by the council;

6. To recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient;

C. 1.

The city manager is authorized to sign all agreements, written contracts, and conveyances for and on behalf of the city provided the expenditure for each such agreement or contract has been approved or authorized by the city council by ordinance, resolution, or minute action; or the expenditure for existing service agreements which have been approved or authorized by the city council in the current budget or by ordinance, resolution, or minute action; or the transfer to which the conveyance relates has been approved or authorized by the city council by ordinance, resolution, or minute action.

2. The city manager is authorized to renew, extend, and revise the scope of services and make minor amendments to agreements and contracts for services; provided, that such services are required for the maintenance of existing projects, programs, operations and activities which were initially authorized by city council action or approved in the current budget; or that such services are professional services which are needed to carry out approved budgetary program activities and operates in so far as such authority is within the unencumbered appropriation total for the fund containing the program activity.

3. However, nothing herein shall be construed to abrogate the powers of the mayor to sign warrants, written contracts and conveyances made or entered into by the city, and all instruments requiring the city seal as specified under section 40602 of the Government Code.

(Ord. 95-12 § 1, 1995; Ord. 91-27 § 1, 1991; Ord. 90-8 § 1, 1990; prior code § 2-12.)

A. The exercise of the powers and duties of the city manager herein, and the provisions of this chapter, shall be subject to the provisions of Article II of the personnel ordinance, to state laws and to any rules and regulations heretofore or hereafter adopted pursuant thereto as to classification of employees, the appointment, transfer, promotion, demotion, removal, suspension, dismissal and reinstatement of such employees and the procedures outlined therein governing the same.

B. The city manager shall be the appointing power under terms of section 2.24.140.

(Prior code § 2-21.)

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 inquiring into the results of the operational activities. Any inquiring into the administration, policy or procedures of a department will be done through the city manager; neither the city council nor any members thereof shall give orders to any subordinates of the city manager.

(Prior code § 2-22.)

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, permits and privileges granted by the city are faithfully performed and observed.

(Prior code § 2-18.)

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 § 2-13.)

It shall be the duty of the city manager to prepare and submit the proposed annual budget and to supervise the administration of the budget after its adoption.

(Prior code § 2-14.)

It shall be the duty of the city manager 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.

(Prior code § 2-19.)

The city manager is authorized to purchase or acquire, in any lawful manner, all supplies, material, equipment, and services for the city and all departments and divisions thereof, provided that the purchase or acquisition thereof has been approved by the council in the budget or by separate council action. To this end, the city manager is authorized to sign any purchase order or agreement to effectuate the city manager's authority hereunder.

(Ord. 91-27 § 2, 1991: prior code § 2-15.)

It shall be the duty of the city manager to sell, declare surplus, exchange, or dispose of any city-owned supplies or equipment items which are unsuitable for city use pursuant to section 3.32.120 of this code. The action of the city manager shall be subsequent to any such recommendations for disposal submitted by a city department head.

(Ord. 91-27 § 3, 1991: prior code § 2-16.)

It shall be the duty of the city manager 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 involving or affecting the city.

(Prior code § 2-17.)

The council shall on an annual basis evaluate the manner in which the city manager has been performing his duties and shall review such evaluations with the city manager in executive session.

(Prior code § 2-10.)

In case of his intended removal by the council, the city manager shall be furnished with a written notice stating the council's intention to remove him, and the reasons therefor, at least sixty days before the effective date of his removal. This sixty days' notice need not be given in the event that the city manager is convicted of a serious crime.

(Prior code § 2-23.)

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 adopted pursuant to the results of the public hearing referred to in the following section.

(Prior code § 2-24.)

Within seven days after the delivery to the city manager of such notice, he 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 sixty day period, and at which the city manager shall appear and may be heard.

(Prior code § 2-25.)

In removing the city manager, the city council shall use its discretion and its action, based upon majority vote of the full council, shall be final and shall not depend upon any particular showing or degree of proof at the hearing.

(Prior code § 2-25.1.)

Notwithstanding the provisions of this chapter, the city manager shall not be removed from office during or within a period of one hundred eighty days next succeeding any general municipal election held in the city at which such 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 the one hundred eighty-day period aforementioned, the provisions of the preceding sections as to the removal of the city manager apply and are effective.

(Prior code § 2-25.2.)

The city manager shall appoint 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; and in his failure to so appoint an acting city manager, the city council shall designate some other person to perform the duties of the city manager during the period of absence or disability of such city manager.

(Prior code § 2-9.)

Any city officer or employee designated by the city manager under section 2.08.070.B.1 shall complete such training and education as is required by California Penal Code, section 832 prior to assuming any duties under said section.

(Ord. 90-8 § 2, 1990.)

Any city officer or employee designated by the city manager under section 2.08.070.B.1 shall have the power and duties granted by that section only when performing expressly assigned duties. At all other times said officers and employees shall have no status as a peace officer or any powers or authority or duties of a peace officer.

(Ord. 90-8 § 3, 1990.)

The city manager, or the city manager's designee may determine that any bicycle or any toy in the possession of the police department that has been unclaimed for a period of at least ninety days and that any such bicycle or toy has a market value of less than fifty dollars. Upon said determination, the city manager, or the city manager's designee may donate any such bicycle or toy to any needy child or family within the city. Prior to donating any such bicycle or toy, the city manager, or the city manager's designee, shall maintain a log and enter the description of the bicycle or the toy, and the date of acquisition and the value thereof.

(Ord. 93-22 § 1, 1993.)