El Cajon Municipal Code Ch. 2.04 City Manager

The office of city manager is hereby created and established.

(Prior code § 2-17)

The city manager shall be appointed by the city council solely on the basis of his or her executive and administrative qualifications and ability. (S)he shall hold office at the pleasure of the council.

(Prior code § 2-18; Ord. 4554, 1997)

Residence in the city at the time of appointment shall not be required as a condition of appointment as city manager.

(Prior code § 2-19)

No person elected to membership on the city council shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after (s)he has ceased being a member of the city council.

(Prior code § 2-20; Ord. 4554, 1997)

The city manager shall be required to give a bond for the faithful performance of the duties of said position. The amount of said bond is to be determined by the city council. The bond fee shall be paid by the city.

(Prior code § 2-21; Ord. 2996 § 4, 1976; Ord. 3591 § 2, 1982)

The bond fee for the corporate surety bond required of the city manager shall be paid by the city.

(Prior code § 2-22)

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

(Prior code § 2-23)

The city manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the city, under the discretion of the city council. Reimbursement shall be made, however, only when a verified, itemized claim, setting forth the funds expanded for which reimbursement is requested, has been presented to the city council, and duly approved and allowed by the city council.

(Prior code § 2-24; Ord. 4554, 1997)

In the case of absence or disability of the city manager, the city council may designate some duly qualified person to perform the duties of the city manager during the period of absence or disability, subject, however, to such person furnishing a corporate surety bond, conditioned upon faithful performance of the duties required to be performed, as set forth in Section 2.04.050.

(Prior code § 2-25)

No expenditures shall be submitted or recommended to the city council except upon report or approval of the city manager.

(Prior code § 2-26)

The city manager shall be the administrative head of the city government, under the direction and control of the city council.

(Prior code § 2-27)

Neither the city council nor any of its committees or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager or prevent him or her from exercising his or her own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately.

(Prior code § 2-28; Ord. 4554, 1997)

The city manager shall be responsible to the city council for the efficient administration of all the affairs of the city which are under his or her control.

(Prior code § 2-29; Ord. 4554, 1997)

In addition to his or her general powers as administrative head of the city government, and not as a limitation thereof, it shall be the duty of the city manager and (s)he shall have the power to do the following:

A. See that all laws and this code and other ordinances are duly enforced;

B. Exercise control over all departments and divisions of the city government and over all appointive officers and employees thereof, except the city attorney;

C. Appoint and dismiss the chief of police, all heads of departments, and all subordinate officers and employees of the city, except the city attorney subject to the provisions of Chapters 2.64, 2.68 and 2.72;

D. Transfer employees from one department to another;

E. Consolidate and combine offices, positions, departments or units under the his or her jurisdiction. Determine and implement the content of job classifications and recommend to the city council appropriate compensation ranges;

F. Attend all meetings of the city council and its committees, unless excused therefrom by the city council;

G. Recommend to the city council for adoption such measures and ordinances as (s)he sees necessary or expedient;

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

I. Prepare and submit to the city council its annual budget;

J. Prepare and recommend to the city council a salary schedule;

K. Make investigations into the affairs of the city or any department or division thereof, and any contract or the proper performance of any obligation running to the city;

L. Investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the service maintained by public utilities of the city, and see that all franchises, permits and privileges granted by the city are faithfully observed;

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

N. Superintend the construction of all public buildings within the city;

O. Make, apply and file with the city clerk a complete inventory of property, real and personal, owned by the city, and file amended inventories thereof at least semiannually as to stock, supplies and equipment, and at least annually as to other property;

P. Serve in an appointive office or as head of a department within the city government to which (s)he may be qualified when appointed thereto by the city council, and hold and perform the duties thereof at the pleasure of the city council;

Q. Prepare and submit to the city council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year;

R. Sign contracts on behalf of the city as directed by the city council or as necessary to exercise his or her powers and duties; and

S. Perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or by resolution of the city council.

(Prior code § 2-30; Ord. 4528, 1997; Ord. 4554, 1997)

A. Pursuant to Public Contracts Code Section 22050, the city manager, or his or her designee, is authorized, in an emergency, to repair or replace a public facility and take any directly related and immediate action required by that emergency, without giving notice for bids to let contracts.

B. If the city manager, or his or her designee, orders any such action, (s)he shall report to the city council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than fourteen days after the action, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation of bids and why the action is necessary to respond to the emergency. The city council shall continue to review the action at every regularly scheduled meeting thereafter until the action is terminated, unless the city manager has terminated the action prior to the city council reviewing the emergency action.

(Ord. 4576 § 1, 1998)

The city council may remove the city manager by a four-member vote.

(Prior code § 2-31)

At least thirty days before the removal of the city manager shall become effective, the city council shall, by a four-member vote, adopt a resolution removing the city manager and stating the reasons for his removal.

(Prior code § 2-32)

After furnishing the city manager with the certified copy of the resolution removing him from office, the city council shall suspend him from duty, but his salary shall continue until the effective date of the termination of his employment.

(Prior code § 2-33)

Within seven days after the delivery to the city manager of a certified copy of the resolution required by Section 2.04.160, the city manager may, by written notification to the city clerk, request a public hearing before the city council.

The city council shall fix a time for the public hearing, which shall be held at the city council's usual place of meeting. Such hearing shall be held before the expiration of the thirty days provided in Section 2.04.160. The city manager shall appear and be heard at such hearing.

(Prior code § 2-34)

The city council, in removing the city manager, shall use its uncontrolled discretion. 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, prior to the effective date of the removal, the city manager publicly to present to the council his ground of opposition to removal.

(Prior code § 2-35)