Fontana Municipal Code Div. 1 Generally

The office of city manager is established and created pursuant to the provisions of Government Code § 34851 et seq. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council.

(Code 1968, § 2-28)

Editor's note— Ord. No. 1495, § 6, adopted December 20, 2005, repealed § 2-67 in its entirety, which pertained to the residence requirement and derived from the Code of 1968, § 2-29.

No person elected as a member of the city council shall, subsequent to such election, 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.

(Code 1968, § 2-30)

The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city to serve as manager pro tempore during any temporary absence or disability of the city manager. In case of absence or disability of the city manager and his failure to so appoint a manager pro tempore, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager.

(Code 1968, § 2-31)

(a) The city manager shall receive such compensation 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 city council shall designate.

(b) The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the city council for approval and has been so approved.

(Code 1968, § 2-32)

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 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, he shall have the duties and powers set forth in this article.

(Code 1968, § 2-33)

(a) The city manager shall enforce all laws and ordinances of the city and see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed. The city manager is empowered to designate city officers, employees or eligible volunteers of the city to exercise the powers authorized by Penal Code § 836.5(a), including the issuance of citations for violations of provisions of this Code and state statutes which local law enforcement agencies are responsible for enforcing pursuant to Penal Code §§ 853.5 and 853.6. The city manager is also responsible for general policy supervisions of the public safety functions and primary liaison between these departments and the city council.

(b) Any city officer or employee designated by the city manager under this section shall complete such training and education as is required by Penal Code § 832 prior to assuming any duties under this section. Any employees or city volunteers designated by the city manager under this section to issue civil penalty citations pursuant to California Vehicle Code §§ 22507.9 and/or 40202 shall complete a course of training as prescribed by the chief of police.

(c) Any city officer or employee designated by the city manager under this section shall have the powers and duties granted by this section only when performing expressly assigned duties. At all other times such officers and employees shall have no status as a peace officer or any powers or authority or duties of a peace officer.

(Code 1968, §§ 2-34, 2-34.1, 2-34.2; Ord. No. 1148, §§ 1, 2, 3-6-95; Ord. No. 1188, § 1, 4-16-96)

The city manager 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.

(Code 1968, § 2-35)

Cross reference— Personnel, ch. 20.

The city manager shall appoint, remove, promote and demote any officers and employees of the city except the city clerk, city attorney and city treasurer, subject to the provisions of chapter 20 and resolutions, rules and regulations adopted pursuant thereto.

(Code 1968, § 2-36; Ord. No. 1858, § 2, 12-8-20)

Cross reference— Personnel, ch. 20.

The city manager shall advise the city council of such reorganization of offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business, subject to the city council's budget authority.

(Code 1968, § 2-37; Ord. No. 1858, § 2, 12-8-20)

The city manager shall recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient.

(Code 1968, § 2-38)

The city manager shall attend all meetings of the city council unless excused therefrom, except when his removal is under consideration.

(Code 1968, § 2-39)

The city manager shall keep the city council at all times fully advised as to the financial conditions and needs of the city.

(Code 1968, § 2-40)

The city manager shall prepare and submit the proposed annual budget and supervise the administration of the budget after its adoption.

(Code 1968, § 2-41)

The city manager shall be responsible for and approve the purchase of all supplies for all of the departments or divisions of the city as submitted by the purchasing agent. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager; provided, however, that provisions of this section regarding the actual purchase of supplies shall not apply to purchases made when required under a sealed bid presented to the council.

(Code 1968, § 2-42)

The city manager shall approve all warrants drawn on the city before payment thereof.

(Code 1968, § 2-43)

The city manager shall make investigations into the affairs of the city and any department or division thereof.

(Code 1968, § 2-44)

The city manager shall 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, and see that all franchises, permits or privileges granted by the city are faithfully performed and observed.

(Code 1968, § 2-45)

The city manager shall exercise general supervision over all public buildings and public parks and over all other public property which is under the control and jurisdiction of the city council.

(Code 1968, § 2-46)

The city manager shall attend any and all meetings of the personnel board, planning commission, parks, community and human services 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 such 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, board or committees appointed by the city council.

(Code 1968, § 2-47; Ord. No. 1652, § 1(Exh. A), 1-10-12; Ord. No. 1780, § 1, 9-25-18)

The city manager shall devote his entire time to the duties of his office in the interests of the city. The city manager shall not be employed or work in any other capacity.

(Code 1968, § 2-48)

The city manager shall 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 action of the city council.

(Code 1968, § 2-49)

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 members thereof shall give orders 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 held meeting of the city council, and no individual councilmember shall give any orders or instructions to the city manager; but nothing contained in this section shall be construed to prevent any councilmember from discussing matters of the city with the city manager.

(Code 1968, § 2-50)

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 so far as may be consistent with their duties as prescribed by law and ordinances of the city.

(Code 1968, § 2-51)