Clayton Municipal Code Ch. 2.10 City Manager

The creation of the office of the City Manager of the City of Clayton is hereby ratified and confirmed. The City Council appoints the City Manager and shall make the appointment wholly on the basis of such person's administrative and executive ability and qualifications. The City Manager holds office at the pleasure of the City Council. Whenever the words "Chief Executive Officer," "City Administrator," or "Administrative Officer" are used in the text of the Clayton Municipal Code, any City ordinance or resolution, City contracts or other documents, it shall mean and refer to the "City Manager."

(Ord. 329, 1997)

The City Manager need not be a resident of the City, although his or her residence should be within easy daily commute of Clayton.

(Ord. 329, 1997)

A member of the City Council is not eligible for appointment as City Manager until one year elapses after the Council member ceases to be a member of the Council.

(Ord. 320, 1997)

The City Manager shall furnish a corporate surety bond approved by the City Council in such sum as the City Council determines. The bond shall be conditioned upon the faithful performance of the duties imposed upon the City Manager. The premium for the bond is a proper charge against the City.

(Ord. 329, 1997)

The City Manager shall designate one of the other officers or department heads of the City to serve as Acting City Manager during a short-term absence or disability of the City Manager. In the case of a long-term (more than thirty (30) working days) absence or disability of the City Manager, the City Council may designate a qualified person to perform the duties of the City Manager during the period of absence or disability of the City Manager. The Acting City Manager shall furnish a corporate surety bond as in the case of the City Manager.

(Ord. 329, 1997)

The City Manager is entitled to such compensation and expense allowance as the City Council determines by resolution or motion.

(Ord. 329, 1997)

The City Manager is the administrative head of the government of the City, subject to the direction and control of the City Council. The City Manager is responsible for the efficient administration of all the affairs of the City that are under his or her control. In addition to his or her general powers as administrative head and not as a limitation on them, the City Manager shall:

A. Devote his or her entire time to carrying out the City Manager's official duties.

B. Act as ex-officio member of all boards and commissions.

C. Enforce the laws and ordinances of the City and see that the franchises, contracts, permits, and privileges granted by the Council are faithfully observed.

D. Control, order and give directions to all subordinate officers and employees of the City.

E. Except as may be limited by provisions of the City Manager's employment agreement, appoint, remove, promote, and demote each officer and employee of the City, excepting the City Attorney and City Treasurer who serve at the pleasure of the Council, subject to personnel ordinances, rules and regulations adopted by the Council; appointment of the City Clerk shall be subject to Council approval.

F. Conduct studies and effect such administrative organization and reorganization of offices, positions and units under his or her direction as are in the interest of efficient, effective, and economical conduct of the City's business;

G. Recommend to the Council for adoption such measures and ordinances as deemed necessary.

H. Attend all meetings of the Council, except when excused by the Council, and except when the City Manager's removal is under consideration;

I. Keep the Council advised at all times as to the financial condition and needs of the City.

J. Prepare and submit proposed annual budgets to the Council for its approval.

K. Purchase, or supervise the purchase of, all supplies and services needed by the City.

L. Review all proposed expenditures from City funds, and recommend approval by the Council of all proper expenditures;

M. Investigate the affairs of the City and the performance of all employees and contractors, and make or recommend appropriate adjustments to improve efficiency and effectiveness.

N. Investigate all complaints of matters concerning the administration of the City government and of the services for which the City is responsible.

O. Exercise general supervision over all public buildings, public parks, and all other public property under the control and jurisdiction of the Council.

P. Negotiate such contracts and leases as the Council may authorize.

Q. Sign for the City approved contracts, agreements and leases which do not require the signature of the Mayor.

R. Maintain liaison with other City officials and with other municipal, district, County, State, and Federal agencies to ensure proper coordination of activities.

S. Submit special reports in writing to the City Council in answer to any request for information filed with the City Manager by the City Council.

T. Perform such other duties and exercise such other powers as the City Council delegates to him or her.

(Ord. 329, 1997; Ord. 339, 1998)

Each member of the City Council shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry. Neither the Council nor a member of the Council shall give orders or instructions to subordinates of the City Manager. The City Manager shall take orders and instructions from the Council only when the Council is sitting in a duly convened meeting, and no individual Council member shall give orders or instruction to the City Manager other than reasonable requests for information on City matters. The Council retains the sole power of being the policy making and legislative body for the City.

(Ord. 329, 1997)

Each subordinate officer and the City Clerk, City Treasurer, and City Attorney shall assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously.

(Ord. 329, 1997)

The City Manager may be removed from office by a resolution of the Council. Pending removal, the Council may suspend the City Manager from office. The action of the Council in suspending or removing the City Manager shall be final and conclusive, but during such suspension, he or she shall receive regular compensation until the effective date of removal from office. In removing the City Manager, the Council has absolute discretion and its action is final and conclusive and does not depend whatsoever upon any showing of cause for such removal.

(Ord. 329, 1997)

The City Council may enter into an employment agreement with the City Manager providing for termination and severance pay, and delineating additional terms and conditions of employment not inconsistent with foregoing sections.

(Ord. 329, 1997)