Colton Municipal Code Ch. 2.16 City Manager

The office of the City Manager is created and established.

(Ord. 891 § 1 (part), 1956)

The City Manager shall be appointed for an indefinite term, and her or his compensation fixed, by ordinance or resolution of the City Council at an open session. The City Manager holds office at the pleasure of the City Council and may be removed by majority vote at any time and in any manner.

The City Council may provide a City Manager with greater procedural protections against removal in a contract approved in open session by majority vote of the City Council.

(Ord. 891 § 1 (part), 1956)

(Ord. No. O-12-14, § 1, 11-4-2014)

A. Residence in the City shall not be required as a condition of the appointment.

B. Within three months following the date of hire, the City Manager shall reside within a geodesic distance of fifty miles from City Hall. Following the three-month period, the failure of the City Manager to reside within this distance shall entitle the City Council to declare the office of City Manager vacant by reason of resignation. The City Council may, at its discretion, contract around this requirement when hiring or renewing the contract of the City Manager.

C. 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 Councilmember ceases to be a member of the City Council.

D. The City Manager shall be a citizen of the United States, not less than thirty Years of age, and shall be a Person of demonstrated administrative ability with experience in responsible executive positions, and he or she shall be chosen by the City Council solely upon the basis of her or his executive and administrative qualifications as determined by the City Council.

(Ord. 891 § 2, 1956)

(Ord. No. O-12-14, § 2, 11-4-2014)

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 on the faithful performance of the duties imposed on the City Manager as herein prescribed. Premium on the bond, if executed by a Surety Company authorized to do Business in the State, Shall be paid by the City out of its General Fund.

(Ord. 891 § 3, 1956)

In case of the absence or disability of the City Manager, the City Council May Designate, under such terms and conditions as it May provide, some duly qualified Person 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 on faithful performance of the duties required to be performed as set forth in Section 2.16.040.

(Ord. 891 § 4, 1956)

A. The City Manager Shall receive such compensation as the City Council Shall from time to time determine and fix by Resolution, and said compensation Shall be a proper charge against such funds of the City as the City Council Shall Designate.

B. The City Manager Shall be reimbursed for all sums necessarily incurred or paid by him under direction or Approval of the City Council in the performance of his duties, or incurred or paid when traveling on Business pertaining to the City under direction or Approval of the City Council. Reimbursement Shall only be made, however, when a verified itemized claim setting forth the sums expended for which reimbursement is requested has been presented to the City Council, and when the City Council has duly Approved and allowed same.

(Ord. 891 § 5, 1956)

The City Manager Shall be the administrative head of the government of the City, except as otherwise provided in Sections 2.16.010 through 2.16.120. 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 thereof, it Shall be his duty and he Shall have the power:

A. To see that all Laws and Ordinances of the City are duly enforced, and that all Franchises, Permits and privileges granted by the City are faithfully observed;

B. To appoint, on the basis of merit and, when necessary for the good of the City, demote or remove all department heads of the City, except as otherwise provided in this section, and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office.

1. Persons appointed or promoted to the following department head positions on or after June 5, 2001, shall serve at the will and pleasure of the City Manager and may be terminated from City employment by the City Manager without proof of cause or other justification and without right of appeal or hearing:

a. Assistant City Manager;

b. Finance Director;

c. Community Development Director;

d. Human Resources Manager;

e. Police Chief;

f. Fire Chief;

g. Parks, Recreation and Family Services Director;

h. City Engineer;

i. Utility Director;

j. Redevelopment Agency Director;

k. Librarian;

l. Public Services Manager;

m. Assistant Utility Director;

n. Community Childcare Director.

2. Any person appointed or promoted to a new department head classification created by Resolution on or after June 5, 2001, shall also serve at the will and pleasure of the City Manager and may be terminated from City employment by the City Manager without proof of cause or other justification and without right of appeal or hearing.

3. Department heads appointed or promoted to their Department Head positions prior to June 5, 2001, Shall have the right to be terminated only under the provisions of this municipal code as it existed at the time of their appointment to the position, unless they modify the terms of their employment pursuant to a contract as described below.

4. The City Manager is empowered to enter into contracts on behalf of the City with department heads establishing terms and conditions of employment. Said employment contracts shall take precedence over and supersede any otherwise applicable Ordinance, Resolution, rule or regulation, previous or current, including, but not limited to, Subsection 2.16.070(B).

5. The City Manager has authority to negotiate the terms and conditions of employment contracts with department heads pursuant to the established limitations and ranges within the executive unit memorandum of understanding ("MOU") which is in effect at the time of such negotiations.

6. In addition to the limitations and ranges of the executive unit MOU, the City Manager has authority to negotiate with department heads to increase certain benefits in employment contracts. Specifically, the City Manager may: 1) allow up to one additional week of accrued vacation over and above the amount specified in the executive unit MOU; and 2) negotiate a "bank" of sick leave and vacation time which new department heads receive upon beginning employment with the City. The negotiated amounts for a beginning "bank" of sick leave shall not exceed one hundred hours and for vacation time the amount shall not exceed eighty hours. Any employment contract provisions under negotiation that exceed these amounts or that exceed the limitations and ranges in the existing executive unit MOU shall be submitted to the City Council for approval.

7. Nothing in this subsection shall be deemed to give the City Manager the right to appoint or remove the Executive Assistant to the Council/Office Manager, City Clerk, City Treasurer or the City Attorney.

C. To control, order and give directions to all heads of Departments, and to subordinate officers and Employees of the City through their Department Head;

D. To transfer Employees from one Department to another and to consolidate or combine offices, positions, Departments or units under his direction;

E. It is provided, however, that in adopting Sections 2.16.010 through 2.16.120 the people of the City do not intend to abandon the civil service system of the City heretofore established as same now exists, or May hereafter be amended; and, except for the immediate effect of the provisions of the Laws of the State relating to such Matters, appointments to municipal service and suspensions and dismissals therefrom Shall be made in accordance with such civil service rules and regulations.

F. The City Manager May recommend to the City Council, setting forth reasons therefor, the abolition, suspension or consolidation of the duties and functions of any of the heads of Departments, Chief officials, subordinate officers and Employees of the City. The City Council May thereafter, at any time, abolish, suspend or consolidate any such duties or functions in accordance with such recommendations or as it May determine, and thereafter remove the Person or Persons affected from the employment of the City whose duties are thus abolished, suspended or consolidated;

G. To supervise in general the operations of all Departments of the City Securing special services as required;

H. To attend all meetings of the City Council unless excused therefrom by the Council, except when his removal is under consideration by the Council;

I. To recommend to the City Council for adoption such measures and Ordinances as he deems necessary or expedient;

J. To keep the City Council at all times fully advised as to the financial conditions and needs of the City;

K. To prepare and submit to the City Council the annual budget;

L. To purchase or approve the purchase of all supplies for all of the Departments or divisions of the City. No expenditure Shall be submitted or recommended to the City Council except on report or Approval of the City Manager;

M. To make investigations into the affairs of the City and any Department or divisions thereof, and any contract, or the proper performance of any obligations running to the City;

N. 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;

O. 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;

P. To devote his entire time to the duties of his office and the interests of the City;

Q. To provide leadership for civic movements designed to benefit the Residents of the City when so authorized by the City Council;

R. To prepare and to submit to the City Council, as of the end of the fiscal Year, a complete report on the finances and administrative activities of the City for the Preceding Year. However, such financial reports Shall be in addition to the regular report of the City Clerk to the State and any reports required by the Laws of the State, and Shall in no way interfere with or affect said reports of the City Clerk and others mentioned herein;

S. To prepare and submit to the City Council an organization chart showing the current organization plan for all Departments of the City government;

T. To perform such other duties and exercise such other powers as May be delegated to him from time to time by Ordinance or Resolution of the City Council;

U. The City Manager Shall be an ex officio member of all boards and Commissions appointed by the Mayor or the City Council pursuant to Law, with a right to participate in all deliberations or actions by his voice, but without a vote.

(Ord. 0-24-01 § 1, 2002; Ord. 0-09-01 § 1, 2001; Ord. 891 § 6, 1956)

(Ord. No. O-09-12, § 2, 9-18-2012)

The City Manager, among other limitations, Shall have no power to:

A. Expend any sum of money, except in accordance with the Approved budget or with prior Approval of the City Council;

B. Create or abolish any municipal office except with the Approval of the City Council;

C. Increase or decrease the salary or emoluments of any City Employee except with the Approval of the Council;

D. Sell, lease or encumber any real estate belonging to the City;

E. Grant, cancel or revoke any Franchise.

(Ord. 891 § 7, 1956)

The City Manager is forbidden to take any Part in any political campaign, or to take any Part in Securing contributions for any political campaign or candidate. This section pertains only to municipal elections.

(Ord. 891 § 8, 1956)

The exercise of the powers and duties of the City Manager herein and the provisions of Sections 2.16.010 through 2.16.120 Shall be subject to any and all Ordinances or Resolutions adopted by the City Council providing for any merit system for the officers and Employees of the City, which Ordinances or Resolutions May deal with the classification of Employees, their appointment, transfer, promotion, demotion, dismissal, removal, suspension and reinstatement as Employees of the City. In the event any such additional Ordinances or Resolutions dealing with the Matter set forth in this section are adopted by the City Council, copies thereof Shall be filed with the City Manager.

(Ord. 891 § 9, 1956)

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.

(Ord. 891 § 10, 1956)

Nothing in Sections 2.16.010 through 2.16.120 is to be in any way construed as including or considering the City Manager as included in the civil service system now in effect in the City, and the office of City Manager Shall be and is omitted and not included in any civil service system and Shall remain excluded therefrom.

(Ord. 891 § 11, 1956)

The City Council finds it necessary and convenient in the public interest to terminate and rescind certain duties heretofore assigned to the City Clerk and to reassign any and all duties and obligations thereof pertaining to personnel; the issuance of Business Licenses; the financial affairs and records of the municipally owned Cemetery; the collection of various Fees including, but not limited to, Hotel-Motel and Business Licenses; the maintenance of records and the keeping of balances in finance books for all Fees collected.

These duties are reassigned to the City Manager who May delegate the ministerial aspects thereof to other officers and Employees of the City to perform and Discharge the same subject to Approval of the City Council.

(Ord. 1408 § 1 (part), 1972)