El Monte Municipal Code Ch. 2.12 City Manager

All references to "City Administrator" throughout the El Monte Municipal Code shall mean "City Manager."

(Ord. 2539 § 1, 2001)

A. A City Council-City Manager government is established and the provisions hereof shall define and implement said government for the city.

B. All administrative functions of the government of the city are transferred from the City Council to the Office of the City Manager as defined and limited herein. Said administrative functions shall include, without limitation, all day to day operations of the city government and the direction and supervision of the department heads and employees of the city.

C. The City Council retains unto itself all executive, judicial and legislative duties, functions and powers of the city not expressly delegated herein including, without limitation, the authority to enter into contracts, and convey and accept real property.

D. Every officer of the city, before entering upon the duties of that person's office, shall take the oath of office as provided for in the Constitution of this state, and shall file the same with the City Clerk.

E. The City Council shall fix by resolution the amounts and terms of the official bonds of all officials, officers or employees who are required by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the city.

(Ord. 2504 § 2 (part), 1999: prior code § 2200)

A. The Office of the City Manager is established, which shall consist of a City Manager, an Assistant City Manager and such deputies and secretaries as the City Manager may appoint.

B. The City Manager shall be head of the administrative branch of the city. The City Manager shall be responsible to the City Council for the proper administration of all affairs of the city.

C. The Assistant City Manager shall assist the City Manager in the performance of the duties, functions and powers of said office. In the absence of the City Manager or in the event the City Manager is unable to perform said duties, functions or powers, the Assistant City Manager shall assume the duties, functions and powers of said office unless and until the City Council directs otherwise. In the event that there is no Assistant City Manager or the Assistant City Manager is not available, the City Manager shall designate a department head to act as City Manager during any period that the City Manager is unavailable.

D. In the exercise of their duties and powers, the City Manager and the Assistant City manager shall endeavor, at all times, to exercise the highest degree of courtesy, patience, and tact in dealing with the public and with all city commissions, boards, departments, officers and employees and shall use their best efforts to establish and maintain a harmonious relationship between all personnel employed by the city to the end that the highest possible standards of public service be continuously maintained.

E. The City Manager, the City Attorney and such other officers of the city as may be designated by the City Council, shall be accorded a seat at the City Council table and shall be entitled to participate in the deliberations of the City Council, but shall not have a vote.

F. The persons appointed to the Office of City Manager shall be employees of the city for purposes of the Governmental Tort Claims Act, and said persons shall retain all immunities and rights thereunder.

(Ord. 2504 § 2 (part), 1999: prior code § 2201)

The City Manager shall be the head of the administrative branch of the city under the direction and control of the City Council except as otherwise provided herein. The City Manager shall be responsible for the efficient administration of all the affairs of the city. In addition to his or her general powers as administrative head, and not as a limitation, it shall be the duty, function and power of the City Manager to:

A. Appoint and maintain competent, qualified department heads, including the Assistant City Manager, and all other employees of the city and to direct and reorganize all employees within or between departments and divisions;

B. Appoint committees to consider issues and problems and make recommendations to the City Manager on such matters;

C. Attend all meetings of the City Council unless excused by the Mayor or the City Council;

D. Assemble estimates of the financial revenues and needed expenditures of the city for each ensuing year, and prepare a program of activities within the financial capacity of the city, embodying in it a budget document with proper supporting schedules and analyses;

E. Control and direct all department heads and their subordinate employees except the City Attorney, City Clerk and City Treasurer;

F. Discipline all employees in the administrative service, and authorize department heads to discipline their subordinates;

G. Enforce the laws of the state pertaining to the city and all laws and ordinances of the city, and require that all contracts, franchises, permits and other privileges or entitlements granted by the city are faithfully observed;

H. Exercise general supervision over all public buildings, parks and property owned or controlled by the city;

I. Inform the City Council at all times on the financial condition and needs of the city and make such other reports and recommendations as may be desirable for or requested by the City Council;

J. Investigate or inquire into the affairs or operation of the city government and any department or employee and any complaints against the operation of the city government or any employee of the city; and when so authorized by the City Council, employ such auditors, consultants, counsel or investigators to aid in such investigations or inquiries;

K. Organize or reorganize the city departments and divisions in the best interest of the city;

L. Overrule or set aside any action or decision of a department head or any subordinate employee;

M. Perform such other duties and exercise such other powers as may be delegated from time to time by ordinance, resolution or minute action of the City Council;

N. Prepare the budget annually, submit it to the City Council and be responsible for its implementation after adoption by the City Council;

O. Prepare and present to the City Council an annual report of the city's affairs, including a summary of reports of department heads, and such other reports as the Council may request;

P. Prescribe such rules and regulations as may be necessary or expedient for the conduct of proper administration of the city or its employees, and to revoke, suspend, or amend any such rule or regulation;

Q. Purchase or cause to be purchased all supplies and equipment for all of the departments or divisions of the city in accordance with procedures established by ordinance;

R. Recommend to the City Council the adoption of such programs, measures and ordinances as may be necessary or expedient;

S. Serve in any appointed office within the city government when appointed thereto by the City Council, and hold and perform duties thereof at the pleasure of the City Council;

T. Submit to the City Council, at each meeting for its approval, all claims and bills approved for payment by the City Manager. (Ord 2541 §§ 2, 4, 2001; Ord. 2504 § 2 (part), 1999: prior code § 2202)

The City Manager is appointed to, and shall assume, all positions in the administrative service of the city government described in this code including but not limited to:

A. "Personnel Officer" pursuant to Sections 2.72.020 and 2.72.70.

B. "Appointing authority" pursuant to Sections 2.72.120 and 2.72.200 and the "appointing power" and "Personnel Officer" pursuant to the personnel rules and regulations.

C. "Purchasing Agent" pursuant to Section 3.24.040 in lieu of a resolution.

(Ord. 2504 § 2 (part), 1999: prior code § 2203)

The exercise of the powers and duties of the City Manager set out in this chapter, and the provisions of this chapter, shall be subject to this code and to any rules and regulations adopted pursuant to this code including the classification of employees, the appointment, transfer, promotion, demotion, removal, suspension, dismissal and reinstatement of such employees and the procedures outlined therein governing the same.

(Ord. 2504 § 2 (part), 1999: prior code § 2204)

A. The City Manager shall be appointed for an indefinite term by a majority vote of the City Council and shall serve at the pleasure of the City Council.

B. The City Manager shall be selected on the basis of the administrative abilities and qualifications of the person so appointed, with particular emphasis on actual experience in, and knowledge of, the administration of city government.

C. The City Manager shall not be required to reside in the city upon appointment provided that the City Manager, as a condition of appointment, shall reside in the city within six (6) months after the appointment unless the City Council excuses this condition.

D. The City Council may enter into employment agreements with the City Manager and the Assistant City Manager that delineate the terms and conditions of their employment provided that said terms and conditions are not contrary to the provisions of this chapter.

E. 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 shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.

F. No Councilmember shall be eligible for appointment to the office of City Manager during the term for which that Councilmember shall have been elected nor within two (2) years thereafter.

(Ord. 2504 § 2 (part), 1999: prior code § 2205)

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 Council shall designate. The City Manager shall be reimbursed for all actual and necessary expenses incurred in the performance of the duties of said office provided that receipts shall be submitted for all such expenses.

(Ord. 2504 § 2 (part), 1999: prior code § 2506 [2206])

A. The City Manager shall take direction and orders from the City Council only through and at a duly convened meeting of the City Council. The City Council may direct or order the City Manager on all matters within its jurisdiction. Neither the Mayor nor any City Councilmember shall give any direction or order to the City Manager except as provided herein. However, the Mayor and each City Councilmember may inquire of the City Manager on any matter pertaining to the affairs and operations of the City or the performance of the duties of the City Manager. Further, the Mayor and Councilmembers may discuss or suggest anything pertaining to the affairs and operation of the City with the City Manager.

B. Subsection A of this Section 2.12.080 notwithstanding, members of the City Council may request the placement of an item on a future City Council agenda only as follows:

1. During a City Council Meeting. Any single City Councilmember may propose an item for placement on a future agenda during a City Council meeting, and if, after presentation by the proposing City Councilmember, a majority of the City Councilmembers present at such time, approve of the agendizing of the proposed agenda item, the City Manager shall take all necessary actions to include such proposed agenda item no later than the second regular City Council meeting following the City Council meeting at which the agenda item is proposed. However, if the City Manager, in his or her sole discretion, determines that additional time is needed for preparation of the proposed agenda item, the City Manager shall advise the City Council in writing at least five (5) calendar days prior to the second regular City Council meeting following the City Council meeting at which such agenda item is proposed, and such written notice shall indicate the estimated date of presentation of the item to the City Council.

2. Outside of a City Council Meeting. Three (3) members of the City Council may propose an item for placement on a future agenda outside of a City Council meeting by submitting a City Council-approved agenda item request form to the City Clerk (the "request form"). The City Clerk shall time and date stamp the request form upon receipt, distribute the request form to all members of the City Council, make the request form available for public review pursuant to the California Public Records Act, and promptly deliver such request form to the City Manager who shall take all necessary actions to include such proposed agenda item no later than the second regular City Council meeting following the City Clerk's receipt of the request form. However, if the City Manager, in his or her sole discretion, determines that additional time is needed for preparation of the proposed agenda item, the City Manager shall advise the City Council in writing at least five (5) calendar days prior to the second regular City Council meeting following the City Clerk's receipt of the request form, and such written notice shall indicate the estimated date of presentation of the item to the City Council. Request forms

3. One Item per Meeting Limit. Each City Councilmember shall be entitled to have no more than one agenda item, which has been proposed pursuant to subsection B.1 and/or B.2 of this Section 2.12.080, included on the agenda of any given City Council meeting, unless the City Manager, in his or her sole discretion, determines that it is necessary to consider multiple proposed items from a single City Councilmember presented during a City Council meeting.

(Ord. No. 3002, § 2, 9-21-2021)

Editor's note— Ord. No. 3002, § 2, adopted Sept. 21, 2021, repealed the former § 2.12.080, and enacted a new § 2.12.080 as set out herein. The former § 2.12.080 pertained to City Council direction to City Manager and derived from prior code § 2507 [2207]; and Ord. 2504 § 2 (part), 1999.

The Mayor and Councilmembers shall deal with the department heads and employees of the city government only through the City Manager; and neither the Mayor nor any Councilmember shall give orders to any employee of the city government. However, the Mayor and Councilmembers may inquire about the affairs and operations of the city government from a department head or employee of the city government; but neither the Mayor nor any Councilmember may direct, instruct or order a department head or employee of the city government. Whenever the Mayor or a Councilmember requests information, the department head or employee shall to whom the request was made shall advise the City Manager immediately as to the nature and timing of the information requested. In the event that the information requested may be confidential or subject the city to liability for its disclosure, the City Manager shall request a ruling thereon from the City Attorney. Unless instructed to the contrary by the City Manager or the City Attorney, the department head or employee shall provide the information requested within a reasonable period of time to the Mayor or Councilmember who made the request. The City Manager shall not take any part in securing, nor shall contribute any money, toward the nomination or election of any candidate for municipal office.

(Ord. 2504 § 2 (part), 1999: prior code § 2508 [2208])

It shall be the duty of all department heads, employees, the City Attorney, the City Clerk and the City Treasurer to assist and cooperate with the City Manager in the discharge of his or her duties and powers and the administration of the affairs of the city.

(Ord. 2504 § 2 (part), 1999: prior code § 2209; Ord. No. 3047, § 8, 4-16-2025)

The City Manager may attend any and all meetings of the Planning Commission, and any other commission, board, or committee created by the City Council, upon his or her own volition or upon direction of the City Council. At any such meeting, which the City Manager attends, he or she shall be heard by such commission, board, or committee as to all matters upon which he or she wishes to address the members thereof. The City Manager shall inform such commission, board, or committee as to the status of any matter being considered by the City Council pertaining to that body, and shall cooperate to the fullest extent with members of all commissions, boards, or committees appointed by the City Council.

(Ord. 2504 § 2 (part), 1999: prior code § 2210)

A. General Contracting Authority. It shall be the duty of the City Manager to, and the City Manager is hereby authorized to, execute documents as provided in Government Code Section 40602, whenever such documents (1) are within the City Manager's purchasing authority as set forth under Chapter 3.24 (Purchasing System) of the El Monte Municipal Code; or (2) have been approved by the City Council for execution by the City Manager by resolution, motion, minute order or other appropriate action. The authority granted by the City Council under this section may be exercised by the Assistant City Manager, if the City Manager is unavailable to exercise the authority set forth herein. Except as otherwise provided, herein, the authority to enter into contracts and to bind the city to the same shall be reserved to the City Council.

B. Emergency Contracting Authority. As authorized pursuant to Government Code Section 22050(b)(1) and pursuant to City Council Ordinance No. 3047, approved by no less than 4/5 vote of the City Council at an adjourned regular meeting held April 16, 2025, the City Manager and the Purchasing Officer are delegated the authority to order any action pursuant to paragraph (1) of subdivision (a) of Government Code Section 22050, subject to all reporting obligations and City Council review requirements set forth under Government Code Sections 22050(b)(3) and 22050(c).

(Ord. 2504 § 2 (part), 1999: prior code § 2211)

(Ord. No. 2956, § 1, 10-15-2019; Ord. No. 3047, § 9, 4-16-2025)

A. The City Council may remove the City Manager at any time upon a majority vote of the City Council. In case of an intended removal, the City Manager shall be furnished with a written notice thereof, at least, forty eight (48) hours prior to the intended removal. The City Council may remove the City Manager, in its sole discretion; and its action to remove shall be final and it shall not depend upon any particular showing.

B. Notwithstanding the provisions of subsection A of this section, 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 the Mayor or a Councilmember is elected. The purpose of this provision is to allow any newly elected Mayor or Councilmember, or a reorganized City Council, to observe the actions and ability of the City Manager in the performance of the powers and duties of the office. Nothing herein shall be construed to prevent the City Council from removing the City Manager for acts of moral turpitude or of violation of any law which would bring disrepute upon his or her office or has committed any acts of dishonesty.

(Ord. 2504 § 2 (part), 1999: prior code § 2212)