El Cerrito Municipal Code Ch. 2.12 City Manager

The office of city manager is established. The city manager shall be appointed by the council on the basis of administrative, fiscal and executive abilities, and other qualifications. The city manager shall hold office at the pleasure of the council.

(Ord. 92-2 Div. 2 (part), 1992.)

No member of the council shall be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the council, and the vacated position on the council has been filled by a city-wide election.

(Ord. 92-2 Div. 2 (part), 1992.)

The city manager, by filing a written notice with the council and the city clerk, shall designate a qualified subordinate to exercise the powers and perform the duties of city manager during his or her temporary absence or disability. Notwithstanding these provisions, in the event of the city manager's absence or disability, the council may appoint an acting city manager.

(Ord. 92-2 Div. 2 (part), 1992.)

The city manager and any acting or assistant city manager shall furnish a corporate surety bond as described in Chapter 2.16 of this title. It shall be conditioned upon the faithful performance of the duties prescribed in this code and by other resolutions or directives of the council.

(Ord. 92-2 Div. 2 (part), 1992.)

The city manager shall receive such compensation as the council shall determine. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties. The council, by resolution, shall specify which city activities are reimbursable. The mayor shall review and approve the city manager's expenses. When travel outside of the city is required, the reimbursement for transportation, hotel and meals shall not exceed the expense standards set by the state for its employees.

(Ord. 92-2 Div. 2 (part), 1992.)

The city manager shall be the administrative head of the government of the city under the direction and control of the council, except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all the affairs and all of the property of the city which are under his or her control.

It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be assigned from time to time by ordinance, resolution or other official action of the council.

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the council are faithfully observed.

(Ord. 92-2 Div, 2 (part), 1992.)

It shall be the duty and responsibility of the city manager, with approval of the council, to conduct studies and effect such administrative reorganization of offices, positions or units as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be the duty of the city manager to appoint, remove, promote and demote any and ail officers and employees of the city, except the city attorney subject to all applicable personnel ordinances, rules and regulations.

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be the duty and authority of the city manager to control, order and give direction to all heads of departments and to subordinate officers and employees under his or her jurisdiction through city department heads, except the city attorney.

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be the duty of the city manager to recommend to the council for adoption such measures and ordinances as deemed necessary.

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be the duty of the city manager to attend all meetings of the council unless excused therefrom by the mayor or the council.

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be the duty of the city manager to keep the council fully advised at all times as to the financial condition and needs of the city.

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be the duty of the city manager to see that no expenditures are submitted or recommended to the council by any city employee except on the city manager's approval. The city manager shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

(Ord. 92-2 Div. 2 (part), 1992.)

It shall be the duty of the city manager to make investigations into the affairs of the city and any department or unit thereof, and the proper performance of any contract or obligation of the city. Further, it shall be the duty of the city manager to investigate complaints concerning the administration of the city government and the service maintained by its franchisees.

(Ord. 92-2 Div. 2 (part), 1992.)

The city manager may attend any and all meetings of commissions, boards and committees created by the council, upon his or her own volition or upon direction of the council. The city manager shall cooperate with the members of all commissions, boards or committees appointed by the council, and may inform said members as to the status of any matter of city business.

(Ord. 92-2 Div. 2 (part), 1992.)

The removal of the city manager shall be effected only by a majority vote of the entire council as then constituted, convened in a regular council meeting.

(Ord. 92-2 Div. 2 (part), 1992.)

In removing the city manager, the council shall use its unlimited discretion and its action shall be final and shall not depend upon any particular showing or degree of proof.

(Ord. 92-2 Div. 2 (part), 1992.)

Notwithstanding the provisions of Section 2.12.190 of this chapter, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding the election, reelection, or appointment of any council member. The purpose of this section is to allow any newly elected or appointed member of the council, or a reorganized council, to observe the actions and ability of the city manager in the performance of the powers and duties of the office. After the expiration of said ninety day period, the provisions of Section 2.12.190 of this chapter shall apply and be effective.

(Ord. 92-2 Div. 2 (part), 1992.)

When the employment of the city manager is terminated, by involuntary removal from service for other than willful misconduct in office, after one year of continuous service, he or she shall receive at least ninety days notice or cash severance of ninety days pay. Such severance pay will be computed at the highest salary received by the city manager during service with the city. Subject to the provisions of Section 2.12.230 of this chapter, involuntary removal from service shall include reduction in pay not applicable to all employees of the city. The city manager's employment agreement, when approved by four members of the council, may provide a more generous severance pay than is allowed by this section.

(Ord. 92-2 Div. 2 (part), 1992.)

Nothing in this chapter shall be construed as a limitation on the power or authority of the 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. 92-2 Div. 2 (part), 1992.)

It shall be the duty of and the city manager is hereby authorized to execute documents as provided in California Government Code Section 40602, whenever such documents are within the city manager's purchasing authority or have been approved by the city council for execution by the city manager by resolution, motion, minute order or other appropriate action.

(Ord. No. 2020-05, § 2, 6-16-2020)