Firebaugh Municipal Code § 2-3 City Manager

[New]

The office of City Manager is created. The City Manager shall be appointed by majority vote of the City Council on the basis of his administrative and executive ability and shall hold office at the pleasure of the Council.

[Ord. #312, S2]

Residence in the City at the time of appointment of a City Manager shall not be required as a condition of the appointment, but within 180 days after reporting for work the City Manager shall become a resident of the City unless the City Council approves his residence outside the City.

[Ord. #312, S3]

No member of the City 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 City Council.

[Ord. #312, S4]

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 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.

[Ord. #312, S5]

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 temporary absence or disability. In the event the City Manager's absence or disability extends over a one-month period, the City Council may, after the one-month period, appoint an acting City Manager.

[Ord. #312, S6]

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

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

[Ord. #312, S7 and 8-26-1981 by Ord. No. 81-8; Ord. #02-05, S3; amended 12-1-2025 by Ord. No. 25-03]

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 section. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he 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 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 jurisdiction through their department heads, unless a department head is specifically stated to be under the control and direction of City Council under Paragraph c of this section.

c. Power of Appointment and Removal. It shall be the duty of the City Manager to appoint, remove, suspend, promote and demote any and all officers and employees of the City, subject to all applicable personnel ordinances, rules and regulations. The finance director, City attorney, City auditor, City engineer, Chief of Police and all elected officers shall be appointed, removed, suspended, promoted and demoted strictly by the City Council. They shall not be subject to the power of the City Manager under this subsection. The City Council or voters of the City in the case of elected officials shall appoint, remove, promote and demote all such officers.

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 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 shall recommend to the City Council for adoption such measures and ordinances as he 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 request he is excused therefrom by the Mayor individually or the City Council, except when his 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 authorized representative. The City Manager, or his authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City.

j. Investigation 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 the administration of the City government and in regard to the service maintained by public utilities in the City.

k. Public Buildings. 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 from time to time by ordinance or resolution or other official action of the City Council to exercise general supervision over all public buildings, parks and other public property under the control and jurisdiction of the Council.

[Ord. #312, S8; Ord. #02-05, S2]

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 orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual councilman shall give any orders or instructions to the City Manager.

b. Departmental Cooperation. It shall be the duty of all subordinate officers and the City clerk, finance director, City treasurer, City auditor, City engineer 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 own volition or upon direction of the City Council. At such meetings which the City Manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof, and he shall inform the members as to the status of any matter being considered by the City Council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.

[Ord. #312, S9]

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 a regular Council meeting, subject, however, to the provisions of the next succeeding subsections. 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 at least 30 days before the effective date of his removal. If the City Manager so requests, the City Council shall provide reasons for the intended removal, which shall be provided the City Manager with seven days after the receipt of such request from the City Manager, and at least 15 days prior to the effective date of such removal.

b. Hearing. Within seven days after the delivery to the City Manager of such notice of intention to remove, he may by written notification to the City clerk, request a hearing before the City Council. If there is no City clerk, or the City Manager is the City clerk, the notification shall be given to the Mayor. 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-day period, at which the City Manager shall appear with or without counsel. The hearing shall be a public hearing, unless upon request of the City Manager, the Council so agrees to hold a portion of the hearing as an executive session. In the event that an executive session is held, the City Council may reconvene as a public hearing at any time, and shall reconvene as a public hearing prior to taking a vote on the removal or nonremoval of the City Manager.

c. Suspension Pending Hearing. 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 action of the Council passed subsequent to the aforesaid hearing.

d. 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 the City Council his grounds of opposition to his removal prior to its action.

e. Limitation on Removal. Notwithstanding the provisions of this subsection hereinabove set forth, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general municipal election held in the City at which election a member of the City Council is elected or when a new City councilman is appointed; the purpose of this provision is to allow any newly elected or appointed 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 the ninety-day period aforementioned, the provisions of subsection 2-3.7 as to the removal of the City Manager shall apply and be effective.

[Ord. #312, S10]

Nothing in this section 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 section.

[Ord. #312, S11]

No person shall be appointed as City Manager of the City of Firebaugh unless he is a graduate of an accredited university with a degree as Bachelor of Arts, Bachelor of Science, or an equivalent degree. In addition, he shall have substantial educational training in administration or a related subject, or equivalent work experience. These requirements may be waived by the City Council in the case of any person who has been employed in a supervisory capacity in the City of Firebaugh more than three years, and who has experience which the City Council deems the equivalent of the educational requirements. Whenever the position of City Manager shall be or become vacant, the City Council shall cause the availability of the position to be properly advertised and shall review the applications of all qualified applicants before employing a new City Manager.

[Ord. #312, S12]

Notwithstanding the provisions of subsection 2-3.10, no City Council may enter into any agreement with any City Manager which will prevent a City Council from removing a City Manager under the provisions of subsection 2-3.9.