Article VI — CITY MANAGER

There shall be a City Manager who shall be the chief administrative officer of the City. The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council, provided, however, that the City Manager shall not be removed from the office except as provided in this Charter. The City Manager shall be chosen on the basis of executive and administrative qualifications.

The City Manager need not be a resident of the City at the time of appointment, but shall within 90 days after appointment, establish residence within such distance from the City as the City Council may establish, unless such period is extended by the City Council, and thereafter maintain residence within such area during tenure of office.

No person shall be eligible to receive appointment as City Manager while serving as a member of the City Council nor within one year after ceasing to be a member of the City Council.

The City Manager shall be paid a salary commensurate with the responsibilities of chief administrative officer of the City, which salary shall be established by ordinance or resolution. The City Manager shall furnish a corporate surety bond conditioned upon the faithful performance of duties in such form and in such amount as may be determined by the City Council.

The City Manager shall be the administrative head of the City Government. Except as otherwise provided in this Charter, the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, subject to the provisions of this Charter, including the personnel system provisions thereof, the City Manager shall have power and be required to:

• (a) Appoint, and may promote, demote, suspend or remove, all department heads, officers and employees of the City except elective officers and those department heads, officers and employees the power of whose appointment is vested by this Charter in the City Council. The City Manager may authorize the head of any department or office to appoint or remove subordinates in such department or office. In case of the appointment or removal of any department head, the City Manager shall first review such appointment or removal with the City Council and obtain its approval.

• (b) Prepare the budget annually, submit to the City Council, and be responsible for its administration after its adoption.

• (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances and administrative activities to the City for the preceding fiscal year.

CHARTER OF THE CITY OF DOWNEY

• (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable.

• (e) Establish a centralized purchasing system for all City offices, departments and agencies.

• (f) Prepare rules and regulations governing the contracting for purchasing, inspection, storing, inventory, distribution and disposal of all supplies, material and equipment required by ordinance, and administer and enforce the same after adoption.

• (g) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City are enforced.

• (h) Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under jurisdiction of the City Manager.

• (i) Perform such other duties consistent with this Charter as may be required by the City Council.

The City Manager shall be accorded a seat at all meetings of the City Council and of all boards and commissions and shall be entitled to participate in their deliberations, but shall not have a vote. The City Manager shall receive notice of all special meetings of the City Council, and of all boards and commissions.

The City Council may direct the City Manager to appoint a City Manager Pro Tempore.

If there is no Manager Pro Tempore and the position of City Manager becomes vacant or the City Manager is absent or is incapacitated to such an extent the City Manager cannot perform the duties of the office, then the Mayor, or if absent or unable to act, the Mayor Pro Tempore, or if absent or unable to act, the senior member of the City Council temporarily shall act as the administrative head of the City until the City Council fills the position of City Manager or appoints a City Manager Pro Tempore.

The City Manager may be removed at any regular meeting of the City Council upon the affirmative vote of a majority of the members of the City Council. However, the City Manager may not be removed, nor shall the notice described in Subsection (a) be given for a period of 90 days following any municipal election in which a member of the City Council is elected.

The procedure for removal is as follows:

• (a) The City Manager must be given a written notice stating the Council's intention to remove the City Manager from office. The written notice must be given at least 30 days before the effective date of removal. The notice must state the reason for the removal.

• (b) The duties of the City Manager may be suspended immediately upon receipt of the notice

Section 608 described in Subsection (a). The compensation paid to the City Manager must continue until removal is completed as prescribed within this Section.

• (c) In removing the City Manager, the City Council may use its sole and uncontrolled discretion, and its action shall be final.

Except as otherwise provided in this Charter, neither the Council nor any of its members shall interfere with the powers and duties of the City Manager, nor shall they directly or indirectly order the City Manager or subordinates to appoint or remove any person to or from any office or employment. Except for the purpose of inquiry, investigation or report, the City Council and its members shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and neither the City Council nor any member thereof shall publicly or privately give orders to any subordinate of the City Manager.

CHARTER OF THE CITY OF DOWNEY