Del Rey Oaks Municipal Code Ch. 2.08 City Manager

The office of city manager is established. The city manager shall be selected by and appointed by the city council on the basis of administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council, under the provisions set forth in this chapter.

(Ord. 223 § 1 (part), 1993)

A member of the city council is not eligible for appointment as city manager until two years elapses after the council member ceases to be a member of the council.

(Ord. 223 § 1 (part), 1993)

There shall be no requirement that the city manager shall reside within the city.

(Ord. 223 § 1 (part), 1993)

The city manager and any acting 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 administrator by this section. The cost of such bond shall be borne by the city.

(Ord. 223 § 1 (part), 1993)

The mayor may appoint an assistant city manager to serve as acting city manager during the temporary absence or disability of the city manager. If there is no assistant city manager, the mayor shall designate a qualified city employee to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability by filing a written notice with the city council. In making such delegation, the mayor may specifically exclude certain powers and/or duties of his office, in which case those powers shall revert to the mayor for the period of such delegation. If the city manager's absence or disability extends over a two-month period, the city council may appoint an acting city manager.

(Ord. 223 § 1 (part), 1993)

A. The city manager shall receive such compensation as the city council shall, from time to time, determine.

B. In addition to compensation, the city manager shall be reimbursed for all actual and necessary expenses incurred in the performance of the city manager's official duties.

C. On termination of employment of the city manager by reason of involuntary removal from office, other than for willful misconduct in office, the city manager shall receive cash severance pay in a lump sum equal to the following:

1. After one year of continuous service: one month's pay;

2. After three or more years of continuous service: one and one-half month's pay;

3. Such pay is to be computed at the highest salary received during the person's service as city manager. Involuntary removal from service shall include removal immediately following a reduction in compensation not applicable to all employees of the city.

(Ord. 223 § 1 (part), 1993)

The city manager is the administrative head of the government of the city, subject to the direction and control of the mayor and city council. The city manager is responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to such general powers as administrative head, and not as a limitation on them, the city manager shall:

A. Enforce the laws and ordinances of the city and see that the franchises, contracts, permits and privileges granted by the council are faithfully observed;

B. Control, order and give directions to all heads of departments and to subordinate officers and employees of the city, who are subject to removal by the city manager;

C. Appoint, remove, promote and demote each officer and employee of the city, excepting the city attorney, subject to personnel ordinances, rules and regulations;

D. Conduct studies and effect such administrative reorganization of offices, positions and units under the city manager's direction as are in the interest of efficient, effective and economical conduct of the city's business;

E. Recommend to the council for adoption such measures and ordinances as the city manager considers necessary;

F. Attend all meetings of the council unless excused by the mayor individually or the council, except when the city manager's approval is under consideration;

G. Keep the council advised at all times as to the financial condition and needs of the city;

H. Prepare and submit the proposed annual budget and the proposed salary plan to the council for its approval;

I. See that no expenditures are submitted or recommended to the council except on approval of the city manager or authorized representative. The city manager or authorized representative is responsible for the purchase of all supplies for all the departments and divisions of the city;

J. Make investigations into the affairs of the city and each department and division of it and each contract and its proper performance by the city. The city manager shall investigate all complaints of matters concerning the administration of the city government and of the service maintained by public utilities in the city;

K. Exercise general supervision over all public buildings, public parks and all other public property under the control and jurisdiction of the council;

L. Perform such other duties and exercise such other powers as the city council may delegate to him from time to time.

(Ord. 223 § 1 (part), 1993)

Each member of the council shall deal with the administrative services of the city through the city manager, except for the purpose of inquiry.

(Ord. 223 § 1 (part), 1993)

A. It shall be the duty of all subordinate officers, including department heads, and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

B. The city manager may, and upon request of the city council shall, attend meetings of all commissions, boards and committees created by the council. At such meetings, boards and committees shall hear the city manager upon matters which he/she wishes to address the members, and the city manager shall inform the members as to the status of matters being considered by the council.

(Ord. 223 § 1 (part), 1993)

A. The city manager may be removed only by a majority vote of the whole city council, as then constituted, convened in a regular council meeting. In case of removal by the council, the council shall furnish the city manager with a written notice stating the council's intention to remove him or her at least 30 days before the effective date of such removal. If the city manager so requests, the council shall provide, in writing, reasons for the intended removal, within seven days after said request. The city manager may request a hearing before the council by filing written notice with the council. Thereafter the council shall fix a time for the hearing. The council shall hold the hearing at its usual meeting place, before the effective date of the intended removal. The city manager may be heard with or without counsel.

B. After furnishing the city manager with written notice of intended removal, the council may suspend the city manager from duty, with compensation continuing, until the effective date of such removal by action of the council taken after the hearing referred to above.

C. In removing the city manager, the council has absolute discretion and its action is final and conclusive and does not depend upon any particular showing or degree of proof at the hearing.

D. Notwithstanding subsection (C) of this section, the city manager may not be removed from office other than for misconduct in office during the period of 180 days following:

1. A general municipal election held in the city at which a member of the city council is elected; or

2. The time when a new city council member is appointed. The purpose of this section is to allow each newly elected or appointed member of the council, or a reorganized council, to observe the actions and ability of the city manager in the performance of the powers and duties of the office.

(Ord. 223 § 1 (part), 1993)

Nothing in this section 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 to establish additional terms and conditions of employment not consistent with any provisions of this chapter.

(Ord. 223 § 1 (part), 1993)

The city council shall periodically (preferably annually) evaluate the performance of the city manager.

(Ord. 223 § 1 (part), 1993)