Delano Municipal Code Ch. 2.12 City Manager

Footnotes:

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State Law reference— For statutory provisions regarding the city manager form of government, see Gov. Code §§34851—34859.

Prior ordinance history: Ordinance 218.

The office of city manager is created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications. He shall hold office as an at-will employee for an indefinite term, at the pleasure of the city council, and shall receive such compensation as the council may provide.

(Ord. 975 § 1, 1995: Ord. 860 § 1, 1988).

The city manager shall be the administrative head of the city government under the direction and control of the council, except as otherwise provided in this chapter. He shall have authority over all other department heads and employees except the city attorney.

(Ord. 860 § 2, 1988).

The city council and its members shall deal with the administrative services of the city only through the city manager. The city manager shall take his orders and instructions from the city council as a body, and no individual councilmember shall give any orders or instructions to the city manager or his subordinates. When a decision has been made by the city council as a body, it shall be final and conclusive.

A. The city manager shall attend all meetings of the city council unless excused therefrom by the mayor or the city council.

B. The city manager may take part in council discussions, but may not vote. He shall have the power to appear and address the council or any of its boards or commissions at any meeting.

C. The city manager shall recommend to the city council for adoption such measures and ordinances as he deems necessary. He shall keep the city council at all times fully advised as to the financial conditions and needs of the city, and shall make such reports as may be desirable or as requested by the city council. He may, however, delegate such duties at his discretion.

(Ord. 975 § 2, 1995: Ord. 860 § 3, 1988).

The city manager shall be responsible and accountable 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 thereon, it shall be his duty and he shall have the power to:

A. Enforcement of Laws. The city manager shall see that the laws of the state which pertain to the city and all laws and ordinances of the city are duly enforced, and that all franchises, contracts, permits and privileges granted by the city are faithfully observed.

B. Employee Appointment, Dismissal, Etc. The city manager shall appoint and promote, discipline, suspend or dismiss all employees of the city, including department heads, except the city attorney. The city manager shall enter into a contract in writing on behalf of the city with all department heads in a form approved by the city council.

C. Personnel System. The city manager shall provide a merit-principle personnel system for employees of the city, except the city attorney, and may designate an employee responsible to him to administer the personnel system.

D. Appoint to Acting Capacity. The city manager shall designate himself or some employee to perform the duties of any office or position in the administrative service under his control which is vacant or which lacks administration due to the absence or disability of the incumbent.

E. Purchases. All purchases and expenditures for purchases shall be made in accordance with procedures established by ordinance.

F. General Services. The city manager shall provide for the proper administration and management of all other city affairs and properties which are not otherwise reserved to the mayor and/or city council.

G. Annual Report. The city manager shall prepare and present to the council an annual report of the city's affairs, including a summary of reports of department heads and such other reports as the city council shall require.

H. Annual Budget and Capital Program. The city manager shall prepare and submit to the council an annual budget and capital program for each ensuing fiscal year, based upon estimates of financial needs and resources of the city.

I. Miscellaneous Duties.

1. The city manager shall serve in any appointed office within the city government to which he may be qualified when appointed thereto by the city council, and shall hold and perform duties thereof at the pleasure of the city council.

2. The city manager shall investigate all complaints related to matters concerning the administration of the city government or services of public utilities in the city.

3. The city manager shall perform such other duties and exercise such other powers as may be delegated to him from time to time by action of the city council.

(Ord. 1003, 1997: Ord. 1002, 1997: Ord. 975 § 3, 1995: Ord. 860 § 4, 1988).

The city manager shall have the power and authority to properly perform any duty assigned to him by the city council or by other process of law. In general, his powers shall include:

A. Prescribed Rules. The city manager shall have the power to prescribe such rules and regulations as he shall deem necessary for the conduct of administrative agencies subject to his authority.

B. Investigate. The city manager shall have the power to investigate and to examine or inquire into the affairs or operations of any department, division or office and any contract, or the proper performance of any obligations of or to the city; and when so authorized by the council, he shall have the power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries.

C. Overrule Officials. The city manager shall have the power to set aside any action taken by a department head and may supersede him in the functions of his office, except as to acts and functions solely within the province of the city attorney.

D. Delegate Duties. The city manager shall have the power to direct any department, division or bureau or perform the work for any other department, division or bureau.

E. Appoint Administrative Committees. The city manager shall have the power to designate from the administrative service such committees and the officers thereof as he shall find necessary for the proper consideration of administrative problems.

F. Acting City Manager Appointment. The city manager shall, with the approval of city council, designate a department head of the city to serve as acting city manager during any temporary absence or disability of the city manager.

(Ord. 860 § 5, 1988).

The city manager and acting city manager shall be bonded to assure the faithful performance of the duties imposed on them as prescribed in this chapter. Such bond may be part of a blanket surety bond and premium for same shall be a proper charge against the city.

(Ord. 860 § 6, 1988).

Residence in the city at the time of appointment shall not be required as a condition of employment. However, residence in the city shall be established within a reasonable time after the acceptance of an appointment to this position.

(Ord. 860 § 7, 1988).

The city manager shall be reimbursed for all sums necessarily incurred by him in the performance of his duties or incurred while traveling on business pertaining to the city, under direction of the city council. Reimbursement shall only be made, however, when an itemized claim setting forth the sums expended and for which reimbursement is requested, has been presented to the city council for approval.

(Ord. 860 § 8, 1988).

No city councilman shall be eligible for appointment as city manager until one year has elapsed after such councilman has ceased to be a member of the city council.

(Ord. 860 § 9, 1988).

The status of the city manager is that of an "at-will" employee who serves at the discretion of the city council. The city manager may be removed from office by a majority vote of the city council with or without cause for said removal.

(Ord. 975 § 4, 1995: Ord. 860 § 10, 1988).