Colusa Municipal Code § 2-5 Office created

The office of city manager is created and established. The city manager shall be appointed by the city council on the basis of his/her experience, administrative and executive ability. He/she shall hold office at and during the pleasure of the city council.

(Ord. No. 411, § 2.)

(a) No person elected or appointed as a councilman of the city shall, subsequent to taking office as councilman, be eligible for appointment as city manager until one year has elapsed after such councilmember shall have ceased to be a member of the city council.

(b) The city manager shall furnish a corporate surety bond to the city conditioned upon the faithful performance of his/her duties in the penal sum of one million dollars. The premium for such bond shall be paid by the city. Said bond shall satisfy the requirement for bonding in the capacity of finance director, as required in California Government Code Section 36518, and Section 8-9 of the City of Colusa Municipal Code.

(Ord. No. 411, § 2.)

The city manager shall be the administrative head of the city government acting under the direction and control of the city council. In addition to his/her general powers as chief administrator, and not as a limitation thereon, he/she shall have the powers and duties set forth in the following subsections:

(a) To see that all laws and ordinances of the city are duly enforced and that all franchises, permits, licenses and privileges granted by the city are faithfully performed and observed;

(b) The city manager shall be the finance director as established in Article II of Chapter 8 of the Colusa Municipal Code, in that capacity performing all financial and accounting duties imposed on the city clerk by Government Code Sections 40802 through 40805, which duties are hereby transferred to the city manager or his designee pursuant to Section 40805.5 of the Government Code;

(c) The city manager shall, in addition to all other duties, be the planning director of the city, performing or causing to be performed, all duties set forth in the Colusa Municipal Code and in statutes of the State of California;

(d) To control, order and give directions to all directors of departments and to subordinate officers and employees of the city under the city manager's jurisdiction through their department director;

(e) The services of the city clerk, city treasurer and city attorney shall be made available to the city manager in the same manner that such services are available to the city council;

(f) The city manager shall have authority to appoint, discipline and dismiss any and all officers and employees of the city, except the city attorney and those elected by the electors of the city;

(g) To attend all meetings of the city council unless excused therefrom by the city council;

(h) To recommend to the city council for adoption such measures and ordinances as he/she deems necessary or expedient;

(i) To keep the city council at all times fully advised as to the financial conditions and needs of the city;

(j) To prepare and submit to the city council the annual budget and to administer it after adoption;

(k) To purchase or cause to be purchased all supplies for all of the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager;

(l) To make investigation into the affairs of the city and any department or division thereof and any contract or the proper performance of any obligation pertaining to the city;

(m) To investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the services maintained by public utilities in the city, and to see that all franchises, permits and privileges granted by the city are faithfully observed;

(n) To execute general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the city council;

(o) To devote his/her entire time to the duties and interests of the city;

(p) To receive and open all official mail and communications addressed either to the mayor or to the city council, unless a councilmember has filed a written request with the city manager to forward all mail and communications unopened to the councilmember. The councilmember requesting the forwarding of unopened mail shall assume all responsibility to comply with all laws. The mayor will not have the option to file a request to have his or her mail forwarded unopened;

(q) To make reports and recommendations as may be desirable or as requested by the city council;

(r) To sign the following instruments on behalf of the city whenever authorized by the city council:

1. All warrants drawn on the city treasury,

2. All written contracts and conveyances made or entered into by the city,

3. All instruments requiring the city seal;

(s) All claims and actions against the city or any officer or any employee thereof shall be filed, served and processed in accordance with applicable state law. All claims shall be filed with the city clerk. Pursuant to Section 935.4 of the Government Code, the city manager or said manager's designee shall be authorized to accept, settle or reject, without prior approval of the council, claims against the city, provided that no allowance, compromise, or settlement shall exceed twenty thousand dollars. Upon the written order of the city manager or said manager's designee, a warrant shall be issued upon the treasury of the city in the amount for which a claim has been allowed, compromised or settled. The city manager or said manager's designee is further authorized to compromise or settle, without prior approval of the council, except on a matter of policy, any actions in which the city is the plaintiff, provided that the amounts of such compromise or settlement shall not exceed twenty thousand dollars.

(Ord. No. 411, § 2.)

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. The city manager shall take his/her orders and instructions from the city council only when given at a duly held meeting of the city council, and no individual councilman shall give any orders or instructions to the city manager.

(Ord. No. 411, § 2.)

The city manager may attend any and all meetings of any commission or board heretofore or hereafter created by the city council, upon his/her own volition or upon direction of the city council. At any such meetings at which the city manager attends, he/she shall be heard by such commissions and boards as to all matters upon which he/she wishes to address the members thereof, and he/she shall inform such members as to the status of any matters being considered by the city council. He/she shall cooperate fully with the members of all commissions, boards or committees appointed by the city council.

(Ord. No. 411, § 2.)

In the event of the temporary absence or disability of the city manager, the city manager shall appoint an acting city manager, and shall so inform the city council. Appointment for a period exceeding thirty days shall be subject to confirmation by the city council. Any person appointed as acting city manager shall furnish a bond as set forth in Section 2-5.1CB of this chapter.

(Ord. No. 411, § 2.)

(a) The compensation of the city manager, as well as provisions for his/her vacation time, sick leave, and other benefits shall be approved by resolution of the city council.

(b) The city manager shall be reimbursed for all legitimate expenses paid by him/her in the conduct of city business consistent with the city's reimbursement policy, including traveling expenses outside the city limits; provided, however, that no reimbursement shall be made except upon a verified, itemized claim presented to and allowed by the city council.

(c) Additional terms of employment of the city manager, not inconsistent with this Section, may be set forth in an employment agreement between the city manager and the city council.

(Ord. No. 411, § 2.)

(Ord. No. 483, § 1, 10-16-2012)

Editor's note— Ord. No. 483, § 2, adopted Oct. 16, 2012, repealed § 2-5.7 which pertained to suspension, removal and resignation, and derived from Ord. No. 411, § 2.