East Palo Alto Municipal Code Ch. 2.12 City Manager

The office of the city manager of the city is created. The city council appoints the city manager and shall make the appointment on the basis of his/her administrative and executive ability and qualifications. The city manager holds office at the pleasure of the city council.

(Prior code § 2-3.101; Ord. No. 413, § 2, 3-20-2018)

Residence in the city is not a condition of the appointment.

(Prior code § 2-3.102; Ord. No. 413, § 2, 3-20-2018)

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

(Prior code § 2-3.103; Ord. No. 413, § 2, 3-20-2018)

The city manager shall furnish a corporate surety bond approved by the city council in such sum as the city council determines. The bond shall be conditioned upon the faithful performance of the duties imposed upon the city manager. The premium for the bond is a proper charge against the city.

(Prior code § 2-3.104; Ord. No. 413, § 2, 3-20-2018)

The city manager shall recommend for council approval one of the officers as department head of the city to serve as acting city manager during the temporary absence or disability of the city manager by filing notice with the city clerk. If the city manager's absence or disability extends over a two-month period, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager, subject, however, to the person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed unless the person is covered by the city's blanket bond.

(Prior code § 2-3.105; Ord. No. 413, § 2, 3-20-2018)

The city manager is entitled to such compensation as the city council determines from time to time.

The city manager is entitled to reimbursement for all actual and necessary expenses incurred by him/her in the performance of his/her official duties.

(Prior code § 2-3.106; Ord. No. 413, § 2, 3-20-2018)

The city manager is the administrative head of the government of the city, subject to the direction and control of the city council. He/she is responsible for the efficient administration of all the affairs of the city which are under his/her control. In addition to his/her 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 subordinate officers and employees of the city who are subject to removal by him/her;

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

D. Conduct studies and effect such administrative reorganization of offices, positions and units under his/her 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 he/she considers necessary;

F. Attend all meetings of the council unless he/she is excused by the mayor individually or the council, except when his/her removal is under consideration;

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

H. Respond promptly to all requests by the city council for information and advice and see that all council instructions, orders and decisions are carried out promptly;

I. Negotiate all contracts for services for which the city has service responsibility to its residents and desires to provide such service by contract. The contract shall be approved by the city council. After the council approves the contract, it shall be the duty of the city manager to administer the contract and determine that its provisions are carried out. The city manager shall report to the council at such times as the council may direct on the performance of the contractor;

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

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

L. 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;

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

N. Perform such other duties and exercise such other powers as the city council delegates to him/her from time to time;

O. The city manager, or his/her designee, is authorized to review and establish job specifications and minimum qualifications for positions authorized by the city council; to recruit and develop qualified persons for the service of the city; to prepare the competitive examination process in determining the qualifications of applicants; and to establish eligibility lists of persons who may be appointed to vacant positions;

P. The city manager, or his/her designee, is authorized to publish or post notices of tests for positions in the competitive service; to receive applications therefore, to conduct and grade tests; to certify to the requesting department a list of all persons eligible for appointment in the appropriate position in the competitive service. Appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion or alleged violation of the personnel policies and procedures are handled by non-binding, advisory arbitration as set forth in the personnel policies and procedures. Except with regard to the city attorney, the city manager shall make the final decision regarding personnel management, including disciplinary appeals;

Q. The city manager, or his/her designee, is authorized to make recommendations to the city council on any proposed amendments or revisions to the personnel policies and procedures to assist in the efficient administration of the personnel system of the city;

R. The city manager, or his/her designee, is authorized to make such rules and regulations for the conduct of the various administrative departments of the city under his or her jurisdiction.

(Prior code § 2-3.107; Ord. 239 §§ 2-3, 1999; Ord. No. 413, § 2, 3-20-2018)

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 or instructions to subordinates of the city manager.

(Prior code § 2-3.108; Ord. 130 § 1, 1991; Ord. No. 413, § 2, 3-20-2018)

City officers and employees shall assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

(Prior code § 2-3.109; Ord. No. 413, § 2, 3-20-2018)

The city manager may, and upon request of the city council, shall attend meetings of the planning commission and other commissions, boards and committees created by the council. At those meetings which the city manager attends, the boards or committees shall hear the city manager upon matters which he/she wishes to address the members, and he/she shall inform the members as to the status of matters being considered by the council. He/she shall cooperate to the fullest extent with the members of each commission, board and committee appointed by the council.

(Prior code § 2-3.110; Ord. No. 413, § 2, 3-20-2018)

The city manager may be removed at any time, without cause, by a majority vote of the whole city council as then constituted, convened in a regular council meeting or a special council meeting called for that purpose. Any such removal without cause shall be subject to any rights and benefits the city manager may be entitled to exercise or receive under the express terms of his/her employment contract with the city, including, but not limited to, the right to receive severance pay for such period of time as may be specified in such contract.

(Prior code § 2-3.111; Ord. 130 § 2, 1991; Ord. No. 413, § 2, 3-20-2018)

Without limiting the power of the city council to remove the city manager without cause, as provided in Section 2.12.110, the city council may at any time remove the city manager for good cause, as specified by the council in a resolution adopted by a majority vote of the whole city council as then constituted, convened in a regular council meeting or a special council meeting called for that purpose. The removal shall be effective ten calendar days following adoption of the resolution. Within five calendar days after such resolution is adopted, the city manager may request a hearing before the city council, either in open or closed session as desired by the city manager, for the purpose of presenting his/her grounds for opposing the removal. If a hearing is requested, it shall be conducted by the city council prior to the effective date of the removal, or such effective date shall be extended until the hearing is concluded. In removing the city manager, the city council has absolute discretion and its action is final and conclusive and shall not depend upon any particular showing or degree of proof at the hearing.

(Prior code § 2-3.112; Ord. 130 § 3, 1991; Ord. No. 413, § 2, 3-20-2018)

The city council may, at any time, by a majority vote of the whole city council as then constituted, convened in a regular council meeting or a special council meeting called for that purpose, place the city manager on administrative leave and suspend his/her authority to act by delegating all of the city manager's duties and responsibilities to such other person or persons as designated by the city council. No cause need be stated by the city council as the reason for suspension of the city manager. All compensation and other benefits normally received by the city manager shall be continued until the suspension is terminated, either through a resumption by the city manager of his/her normal duties or a removal of the city manager pursuant to Section 2.12.110 or 2.12.120.

(Prior code § 2-3.113; Ord. 130 § 4, 1991; Ord. No. 413, § 2, 3-20-2018)

Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any employment agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any of the provisions of this chapter.

(Prior code § 2-3.116; Ord. 130 § 7, 1991; Ord. No. 413, § 2, 3-20-2018)