Emeryville Municipal Code Art. 5 City Manager

The office of the City Manager of the City of Emeryville is hereby created and established. The City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the City Council.

(Sec. 1, Ord. 84-01, eff. Jan. 10, 1984)

Repealed by Sec. 2 (part), Ord. 07-001, eff. Feb. 15, 2007.

(Sec. 2, Ord. 84-01, eff. Jan. 10, 1984)

No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such Councilmember shall have ceased to be a member of the City Council.

(Sec. 3, Ord. 84-01, eff. Jan. 10, 1984)

The City Manager and Acting City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the said City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager and Acting City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City of Emeryville.

(Sec. 4, Ord. 84-01, eff. Jan. 10, 1984)

The Assistant City Manager shall serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Manager, by filing a written notice with the City Clerk, shall designate a qualified City employee to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. In the event the City Manager's absence or disability extends over a two (2) month period, the City Council may, after the two (2) month period, appoint an Acting City Manager.

(Sec. 5, Ord. 84-01, eff. Jan. 10, 1984)

The City Manager shall receive such compensation as the City Council shall from time to time determine.

In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his official duties.

On termination of employment of the City Manager by reason of involuntary removal from service other than for willful misconduct in office, the City Manager shall receive cash severance pay in a lump sum equal to two (2) months' pay for every year of continuous service or fraction thereof as City Manager, up to a total of six (6) months' pay, such pay to be computed at the highest salary received by the City Manager during his or her service with the City. Involuntary removal from service shall include reduction in pay not applicable to all employees of the City.

(Sec. 6, Ord. 84-01, eff. Jan. 10, 1984)

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 article. He or she shall be responsible for the efficient administration of all the affairs of the City which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in the following subsections.

(a) Law Enforcement. 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 City Council are faithfully observed.

(b) Authority Over Employees. It shall be the duty of the City Manager, and he or she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his or her jurisdiction through their department heads.

(c) Power of Appointment and Removal. It shall be the duty of the City Manager to, and he or she shall appoint, remove, promote, and demote, any and all officers and employees of the City of Emeryville, subject to all applicable personnel ordinances, rules and regulations.

(d) Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business.

(e) Ordinances. It shall be the duty of the City Manager and he or she shall recommend to the City Council for adoption such measures and ordinances as he or she deems necessary.

(f) Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless at his or her request he or she is excused therefrom by the Mayor individually or the City Council, except when his or her removal is under consideration.

(g) Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City.

(h) Budget. 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 City Council for its approval.

(i) Expenditure Control and Purchasing. It shall be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or his or her authorized representative. The City Manager, or his or her authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City.

(j) Investigations and Complaints. It shall be the duty of the City Manager 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 of the City. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning administration of the City government and in regard to the service maintained by public utilities in said City.

(k) Public Buildings. It shall be the duty of the City Manager and he or she shall exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the City Council.

(l) Additional Duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the City Council.

(Sec. 7, Ord. 84-01, eff. Jan. 10, 1984)

(a) Council Manager Relations. 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 or instructions to any subordinates of the City Manager. The City Manager shall take his or her orders and instructions from the City Council and no individual Councilmember shall give any orders or instructions to the City Manager.

(b) Department Cooperation. It shall be the duty of all subordinate officers and the City Clerk, City Treasurer, and City Attorney, to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously.

(c) Attendance at Commission Meetings. The City Manager may attend any and all meetings of the Planning Commission, Recreation and Park Commission, and any other commissions, boards or committees created by the City Council, upon his or her own volition or upon direction of the City Council. At such meetings which the City Manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members as to the status of any matter being considered by the City Council, or he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.

(Sec. 8, Ord. 84-01, eff. Jan. 10, 1984)

(a) Removal of City Manager. The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in an open session of a regular or special meeting of the City Council, subject, however, to the provisions of subsections (b) through (e) of this section, if applicable.

(b) Removal of City Manager for Alleged Malfeasance. In case of the intended removal of the City Manager by the City Council for alleged malfeasance, the City Manager shall be furnished with a written notice stating the Council's intention to remove him or her, the reasons for removal, and the right to respond to the allegations at an open session or closed session meeting of the City Council. The written notice of intention to remove shall be delivered to the City Manager at least thirty (30) calendar days before the effective date of his or her removal.

(c) Hearing. Within seven (7) calendar days after the delivery to the City Manager of such written notice of intention to remove, he or she may, by written notification to the City Clerk, request a hearing before the City Council and indicate whether such hearing is to be in open session or closed session. Failure of the City Manager to either file a request for a hearing with the City Clerk in a timely manner or to indicate whether such hearing is to be in open session or closed session shall constitute a request for a hearing in closed session. Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, but before the effective date of the removal of the City Manager, at which the City Manager shall appear and be heard, with or without counsel.

(d) Suspension Pending Hearing. After furnishing the City Manager with written notice of intended removal, the City Council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by action of the Council passed subsequent to the aforesaid hearing.

(e) Discretion of Council. 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 to said City Council his or her grounds of opposition to his or her removal prior to its action.

(Sec. 2 (part), Ord. 07-001, eff. Feb. 15, 2007; Sec. 9, Ord. 84-01, eff. Jan. 10, 1984)

Nothing in this article 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 article.

(Sec. 10, Ord. 84-01, eff. Jan. 10, 1984)