Fillmore Municipal Code Ch. 2.04 City Manager

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As to statutory provisions regarding the city manager form of government, see Gov. Code 34851 et seq.

The office of city manager is established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications, and shall hold office during the pleasure of the city council. 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 following the expiration of the last term for which he was elected.

In case of his intended removal by the council, the manager shall be furnished with a written notice stating the council's intention to remove him and the reasons therefore at least thirty days before the effective date of his removal. Within seven days after the delivery to him of such notice, the manager may by written notification to the city clerk, request a public hearing before the council. Thereafter the council shall fix a time for the public hearing, which shall be held at its usual place of meeting before the expiration of the thirty-day period, and at which the city manager shall appear and be heard. After furnishing the city manager with written notice of intention to remove, the council may suspend him from duty but his salary shall continue until his removal by resolution of the council passed subsequent to the public hearing. The council in removing the manager 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 manager publicly to present to the council his grounds of opposition to removal prior to its action.

(Ord. 177 § 1, 1943)

The city manager shall be the administrative head of the city government under the direction and control of the council. He shall be responsible to the city council for the efficient administration of all the affairs of the city which are under his control. In addition to the city manager's general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have power:

(1) To see that all laws, and ordinances are duly enforced;

(2) To employ, discipline or remove all heads of departments and all subordinate officers and employees of the city, to transfer employees from one department to another, and to consolidate or combine offices, positions, departments, or units under his jurisdiction. Nothing herein contained shall apply, however, to the city clerk, the city attorney, or the city treasurer;

(3) To exercise control over all departments and divisions of the city government and over all appointive officers and employees thereof;

(4) To attend all meetings of the council and its committees unless excused therefrom by the council or the committee and except when his removal is under consideration by the council;

(5) To recommend to the council for adoption such measures and ordinances as he deems necessary or expedient;

(6) To keep the city council at all times advised as to the financial conditions and needs of the city;

(7) To prepare and submit to the city council the annual budget;

(8) To prepare and recommend to the city council a salary plan;

(9) To purchase all supplies for all of the departments or divisions thereof, and no expenditure shall be submitted or recommended to the city council except upon report or approval of the city manager;

(10) To make investigations into the affairs of the city or any department or division thereof or any contract, or the proper performance of any obligation running to the city;

(11) To investigate all complaints in relation to all matters concerning the administration of the government of the city 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 observed;

(12) To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the city council;

(13) To devote his entire time to the duties and interests of the city;

(14) The execute regional agreements that do not require city funding in an agreement approved by the city attorney's office; and

(15) To perform such other duties and exercise such other powers as may be delegated by ordinance or resolution of the city council.

(Ord. 177 § 2 1943; Ord. No. 815, §§ 1, 2, 10-13-2009; Ord. No. 25-983, § 1, 5-13-2025)

Except for the purpose of inquiry, the city council and its members shall deal with the administrative service solely through the city manager, and neither the city council nor any member thereof shall give orders to any of the subordinates of the city manager. (Ord. 177 § 3, 1943)

The city manager shall receive such salary as the city council shall from time to time determine and fix by resolution or motion. (Ord. 177 § 4, 1943)