El Centro Municipal Code Div. 3 City Manager

Footnotes:

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Editor's note— The ordinance codified in this division was submitted to the qualified voters of the city at a special election held on Tuesday, June 23, 1953. At such election a majority voted in favor of the city manager form of government. The ordinance here codified thereupon took effect on the tenth day following the official canvass of the vote at such special election.

State Law reference— City managers generally, Gov. Code, §§ 34850—34859.

The office of city manager is hereby created and established. The city manager shall be appointed by the city council wholly on the basis of his executive and administrative qualifications and ability and shall hold office for and during the pleasure of the city council.

(Ord. No. 649; Code 1962, § 2-6)

No person elected as a councilman of the city shall, subsequent to such election, be eligible for appointment as city manager until five (5) years have elapsed after such council member shall have ceased to be a member of the city council.

(Ord. No. 649; Code 1962, § 2-8)

The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and such bond shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this article. Any premium for such bond shall be a proper charge against the city.

(Ord. No. 649; Code 1962, § 2-9)

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 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 such city manager, subject, however, to such person's furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in section 2-82.

(Ord. No. 649; Code 1962, § 2-10)

(a) The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and fix by resolution. Such compensation and expense allowance shall be a proper charge against such funds of the city as the city council shall designate.

(b) The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the 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 the city council duly approved and allowed.

(Ord. No. 649; Code 1962, § 2-11)

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 division. He shall be responsible for the efficient administration of all the affairs of the city which are under his control.

(Ord. No. 649; Code 1962, § 2-12)

In addition to his general powers as administrative head, and not as limitation thereon, it shall be the duty of the city manager and he shall have the powers set forth in the following subsections:

(a) Enforcement of laws and ordinances; observance of franchises, etc., generally. It shall be the duty of the city manager and he shall have the power 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) Control, etc., of department heads, etc., consolidation of offices, etc. It shall be the duty of the city manager and he shall have the power to control, order and give directions to all heads of departments and to subordinate officers and employees of the city through their department head; transfer employees from one department to another and to consolidate or combine offices, positions, departments or units under his direction.

(c) Enumeration of certain powers and duties of the city manager—Appointment, etc., of city officers and employees, with certain exceptions. It shall be the duty of the city manager and he shall have the power to appoint, remove, promote and demote any and all officers and employees of the city, except the city clerk and the city attorney.

(d) Control over governmental departments, etc. It shall be the duty of the city manager and he shall have the power to exercise control over all departments of government of the city and over all appointive officers and employees thereof.

(e) Attendance at council meetings. It shall be the duty of the city manager and he shall have the power to attend all the meetings of the city council of the city unless excused therefrom by the council, except when his removal is under consideration by the council.

(f) Recommendation of measures and ordinances. It shall be the duty of the city manager and he shall have the power to recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient.

(g) Financial information for council. It shall be the duty of the city manager and he shall have the power to keep the city council at all times fully advised as to the financial conditions and needs of the city.

(h) Proposed annual budget and salary plan. It shall be the duty of the city manager and he shall have the power to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.

(i) Submission of expenditures to council. No expenditures shall be submitted or recommended to the city council except on report or approval of the city manager.

(j) Investigations into city, etc., affairs. It shall be the duty of the city manager and he shall have the power 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) Investigation of complaints; further provisions as to observance of franchises, etc. It shall be the duty of the city manager and he shall have the power 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) Supervision of public buildings, parks and property. It shall be the duty of the city manager and he shall have the power to exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council.

(m) Full-time job. It shall be the duty of the city manager to devote his entire time to the duties of his office in the interests of the city.

(n) Other powers and duties delegated by council. It shall be the duty of the city manager and he shall have the power to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the city council.

(o) Attendance at meetings of planning commission, recreation commission, etc. The city manager may attend any and all meetings of the planning commission, recreation commission and any other commissions or boards heretofore or hereafter created by the city council, upon his own volition or upon direction of the city council. At any such meetings at which the city manager attends, he shall be heard by such commissions and boards as to all matters upon which he wishes to address them.

(p) The city manager may sign such agreements, contracts, or other documents for, and on behalf of, the city which the city council approve and authorize the city manager to sign.

(q) The city manager is authorized, for and on behalf of the city, to approve and submit applications for grant funds for municipal purposes. Any such application, if funded, shall be presented to the city council for acceptance.

(r) City treasurer functions. The city manager shall act as city treasurer under any provision of this code, law or proceedings under which the city may act or which requires certain duties be performed by a city treasurer.

(Ord. No. 649; Code 1962, § 2-13; Ord. No. 81-8, § 1; Ord. No. 83-3, § 1; Ord. No. 01-07, § 1, 7-18-01; Ord. No. 07-07, § 1; Ord. No. 11-12, § 1, 10-4-11)

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.

(Ord. No. 649; Code 1962, § 2-14)

It shall be the duty of all subordinate officers, including the city clerk and the city attorney, to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the city.

(Ord. No. 649; Code 1962, § 2-15; Ord. No. 07-07, § 2; Ord. No. 11-12, § 1, 10-4-11)

Editor's note— Ord. No. 18-07, § 2, adopted Sept. 4, 2018, repealed § 2-85, which pertained to term of subordinate officers to cease when new city manager takes office and derived from Ord. No. 649; Code 1962, § 2-16.

(a) The removal of the city manager shall be only upon a majority vote of the whole council of the city, subject, however, to the provisions of section 2-87. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him and the reason therefor, at least thirty (30) days before the effective date of his removal.

(b) Within seven (7) days after the delivery to the city manager of such notice he may, by written notification to the city clerk, request a hearing before the city council. Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty (30) days period, at which the city manager shall appear and be heard, with or without counsel.

(c) 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 hearing.

(d) 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 present the city council his grounds of opposition to his removal prior to its action.

(Ord. No. 649; Code 1962, § 2-17)

Notwithstanding the provisions of section 2-86, the city manager shall not be removed from office during or within a period of ninety (90) days next succeeding any general municipal election held in the city at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected member of 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 such ninety (90) day period aforementioned, the provisions of section 2-86 as to the removal of the city manager shall apply and be effective.

(Ord. No. 649; Code 1962, § 2-18)