Chapter 2 — CITY MANAGER

The office of the City Manager is hereby created and established. The City Manager shall be appointed by the Council solely on the basis of his or her executive and administrative qualifications and ability and shall hold office at and during the pleasure of the Council.

Residence in the City at the time of appointment shall not be required as a condition of the appointment of the City Manager.

No person elected to membership on the Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after he or she has ceased to be a member of the Council.

The City Manager shall furnish a corporate surety bond, to be approved by the Council, in such sum as may be determined by the Council, and such bond shall be conditioned on the faithful performance of the duties imposed on the City Manager as herein prescribed.

The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. In case of the absence or disability of the City Manager and his or her failure to so appoint a Manager Pro Tempore, the City Council may designate some duly qualified person to perform the duties of the City Manager, during the period of absence or disability of said 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 herein.

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.

The City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his or her duties, or incurred when traveling on business pertaining to said City under direction 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 by said City Council duly approved and allowed.

The City Manager shall be the administrative head of the City government under the direction and control of the City Council, except as otherwise provided in this Chapter. He or she shall be responsible for the efficient administration of all the affairs of the City which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she 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 control, order and give directions to all heads of departments, subordinate officers and employees of the City, except the City Clerk, City Treasurer and City Attorney; and to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his direction, provided, however, that nothing herein contained shall be construed to supersede the authority of the Civil Service or Personnel Board of the City in the matter of classification of City officers or employees.

• (c) To appoint, promote, demote and remove any officers and employees of the City except the City Clerk, City Treasurer and City Attorney, subject to the Civil Service system of the City, if any.

• (d) To exercise control over all departments of the City government and over all appointive officers and employees thereof, except the City Clerk, City Treasurer and City Attorney.

• (e) To attend all meetings of the City Council unless excused therefrom by the Council, except when his removal is under consideration by the Council.

• (f) To recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient.

• (g) To keep the City Council at all times fully advised as to the financial conditions and needs of the City.

• (h) To prepare and submit to the City Council the annual budget.

• (i) To purchase or acquire in any lawful manner all property, equipment, services, materials and supplies for the City and for all departments and divisions thereof, provided the purchase or acquisition thereof has been approved by the City Council or is included in a budget which has been approved and adopted by the City Council. No expenditure shall be submitted or recommended to the City Council except on report or approval of the City Manager.

• (j) To make investigations into the affairs of the City, and any department or division thereof, and any contract, or the proper performance of any obligations running to the City.

• (k) 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.

• (l) 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 and not specifically delegated to a particular board or officer.

• (m) To devote his entire time to the duties of his office and the interests of the City.

• (n) To provide leadership for civic movements designed to benefit the residents of the City when so authorized by the City Council.

• (o) 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.

The exercise of the powers and duties of the City Manager herein, and the provisions of this chapter, shall be subject to this Code and to any Rules and Regulations heretofore or hereafter adopted pursuant to this Code as to classification of employees, the appointment, transfer, promotion, demotion, removal, suspension, dismissal and reinstatement of such employees and the procedures outlines therein governing the same.

The City Manager shall be the "appointing power" under the terms of this Code.

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 members thereof shall give orders to any subordinates of the City Manager.

The removal of the City Manager shall be only on a majority vote of the whole Council. (Subject, however, to the provisions of the next succeeding section.) In case of his intended removal by the Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove him and the reasons therefor, at least thirty days (30) before the effective date of his removal.

Within seven days after the delivery to the City Manager of such notice, he may by written notification to the City Clerk, request a public hearing before the Council. Thereafter the Council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the 30 day period, and at which the City Manager shall appear and be heard.

After furnishing the City Manager with written notice of intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal by resolution of the Council passed subsequent to the aforesaid public hearing.

In removing the City Manager the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing; the purpose of which is to allow the City Manager to publicly present to the City Council his grounds of opposition to removal prior to its action.

Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in said City at which said election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member to the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his office. After the expiration of said 90 day period aforementioned, the provisions of the preceding section as to the removal of said Manager shall apply and be effective.

The office of City Manager is hereby specifically excluded from the Civil Service or Personnel System of the City, and the City Manager shall not be entitled to the benefits, advantages or protection of said Civil Service or Personnel System of said City; he shall not be subject to the procedures outlines or prevailing in said system.