Chapter 2.08 — CITY MANAGER

State Law reference— City manager generally, Government Code § 34851 et seq.

The office of the city manager is created and established. The city manager shall be appointed by the city council on the basis of administrative and executive ability and qualifications. The city council may appoint an interim city manager to serve as the city manager at any time during the process of selecting a permanent city manager. Such interim city manager shall have all the powers and duties prescribed by this chapter and by direction of the city council.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the city council shall designate.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city manager shall be reimbursed for all actual and necessary expenses he incurs in the performance of his official duties, including those incurred when traveling on business pertaining to the city, subject to the provisions of state law governing such reimbursement.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city manager, by letter filed with the city clerk or deputy city clerk, shall designate a qualified city administrative or other officer to exercise the powers and perform the duties of city manager during any

temporary absence or disability of the city manager.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all affairs of the city which are under his control. In addition to the general powers as administrative head of the city government, and not as a limitation thereon, the city manager shall be expected and shall have the power to:

(1)

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

(2)

Appoint, remove, promote and demote any and all officers and employees of the city, except elected officers and the city attorney, and specifically including the city clerk and the city treasurer (although the city manager may serve in these positions as well), subject to all applicable personnel rules and regulations which may be adopted by the city;

(3)

Control, order and give directions to all department heads that are subject to his appointment and removal authority and to subordinate officers and employees of the city under his jurisdiction through their department heads;

(4)

Conduct studies and effect such organization and reorganization of offices, positions, or units under his direction as may be indicated in the interest of efficient, effective, and economical conduct of the city's business;

(5)

Recommend to the city council for adoption such measures and ordinances as he deems necessary;

(6)

Attend all meetings of the city council unless excused therefrom by the mayor individually or the city council as a whole, except when his evaluation or removal is under consideration;

(7)

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

(8)

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

(9)

Make investigations into the affairs of the city and any department or division thereof and any contract or other obligation of the city; and further 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 enter into public works contracts, professional services agreements and make purchases on behalf of the city as otherwise specified in this Code or by applicable state law;

(10)

Exercise general supervision over all public buildings, public parks, and all other public properties which are under the control and jurisdiction of the city;

(11)

Have the same authority as the mayor, as the convenience of the parties may dictate, to sign documents specified in Government Code § 40602 whenever such documents have been approved by the city council for execution by resolution, motion, minute order or other appropriate action;

(12)

Act as the purchasing agent; and

(13)

Perform such other responsibilities and exercise such other powers as may be delegated to the city manager from time to time by ordinance or resolution or other official action of the city council.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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 to any subordinates of the city manager. For purposes hereof, the term "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such staff members shall provide all information reasonably requested by any councilmember. The city manager shall take orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilmember shall give any orders or instructions to the city manager. The city council shall instruct the city manager in matters of policy. Any action, determination or omission of the city manager shall be subject to review by the city council. The city council may not overrule, change, or modify any such action, determination, or omission except by the affirmative vote of the majority of the members of the city council then in office.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Nothing in this chapter 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 delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city manager at all times shall be at will and shall serve at the pleasure of the city council. The removal of the city manager may be only by majority vote of the entire council then in office at a regular or special meeting. The city manager may not be removed from office, other than for misconduct, during or within a period of 90 days after any general municipal election at which any new member of the city council is elected. The purpose of this limitation is to allow such newly elected member to observe the city manager's performance.

(Ord. No. 2010-02, § 1, att. A, 10-1-2010; Ord. No. 2011-04, §§ 1, 2, 1-26-2011)