Fowler Municipal Code Ch. 5 City Manager

The proper administration of the City requires the creation of the office of City Manager in order that the public business may be carried out in the most efficient, best coordinated, well-planned, and properly programmed manner with reference to both the work performed and the expense incurred. By reason thereof the position of City Manager is hereby created. Wherever in this Code the term "City Administrator" is used that term shall mean "City Manager."

(Ord. 86-3, eff. September 18, 1986, as amended by § 1, Ord. 94-2, eff. April 15, 1994)

The City Manager shall be appointed by a majority vote of the Council solely on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the Council.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

The City Manager shall devote his entire employable time to his duties and the interests of the City. The office of the City Manager shall not carry a regular workweek nor overtime pay but shall involve and require that number of hours and days of work necessary to the proper performance of his duties.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

Residence in the City at the time of the appointment of a City Manager shall not be required as a condition of appointment, but within 180 days after reporting for work (or such other time period as considered reasonable by the Council) the City Manager shall become a resident of the City, unless the Council approves his residence outside the City.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

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

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

The City Manager shall furnish a corporate surety bond, which shall be approved by the Council in such sum as may be determined by the Council, and which shall be conditioned upon the faithful performance of his duties as prescribed in this chapter. The premium for such bond shall be a proper charge against the City.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

(a) The City Manager shall receive such compensation as the Council shall from time to time 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 or incurred when traveling on business pertaining to the City under direction of the Council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the Council and by the Council duty approved and allowed. The City agrees to increase the City Manager's compensation and other benefits in such amounts and to such an extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of the City Manager made at the same time as similar consideration is given other employees generally. At all times, the Council reserves the option of more frequent reviews of the City Manager's salary.

(b) On the termination of the employment of the City Manager by reasons 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 one month's pay for every year of continuous service, or fraction thereof, as City Manager, up to a maximum of three (3) month's pay, such to be computed at the highest salary level received by the City Manager during his service with the City.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

The Mayor and the Council agree to provide time for and participate in a semiannual review of the operating goals and objectives of the City and the performance of the City Manager on or about August 1 and February 1 of each year. The goal of such performance review shall be to maintain an optimal working relationship and a mutual understanding and agreement on duties, responsibilities, and priorities between the City Manager and the Council.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

The Assistant City Manager shall serve as administrator pro tem 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 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 Council, after the one-month period, may appoint an Acting City Manager, subject, however, to such person furnishing a corporate surety bond and conditioned on the faithful performance of the duties required to be performed as set forth in Sections 2-5.10 through 2-5.22 of this chapter.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

If the City Manager becomes permanently disabled because of sickness, physical or mental disability, or any other cause, so that it reasonably appears that he will be unable to complete his duties for the City under his agreement and applicable laws, the Council shall have the option to terminate the agreement by giving sixty (60) days' written notice to the City Manager of such termination. The decision to exercise such option shall be based upon all medical and other information made available to the Council, and the decision of the Council shall be final and conclusive thereon.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

(a) The City Manager shall be the chief administrative officer of the City under the direction and control of the Council. He shall be responsible to the Council for the proper and efficient administration of all affairs of the City and charged with those administrative functions enumerated in this chapter and otherwise lawfully delegated to him by the Council, including all those functions normally performed by the chief administrative officer of a municipal corporation as charged under the general laws of the State, the laws of the City, and custom and usage.

(b) To fulfill his responsibilities, the City Manager as the chief appointive administrative officer of the City, and not as a limitation thereon, shall have the powers and duties set forth in Sections 2-5.11 through 2-5.22 of this chapter.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

It shall be the duty of the City Manager, and he shall have the authority, to exercise supervision, direction, and control over departments and divisions of the City government, except for the City Attorney who is excused by law from such control, and to coordinate the efforts and activities of the same, securing special counsel as required. All department heads shall be responsible to the City Manager for the proper conduct of their respective departments and for the subordinate officers and employees within the functions of each department.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

It shall be the duty of the City Manager to recommend to the Council for adoption such measures and ordinances as he deems necessary expedient, and to see that all the laws and ordinances of the City are duly enforced, and that all franchises, permits, and privileges granted by the City are faithfully observed.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

The City Manager shall exercise control over all departments of the City government, and over all department heads and employees thereof, and recommend to the Council the appointment or removal of all department heads.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

It shall be the duty of the City Manager to recommend to the Council the adoption of such measures as he may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

It shall be the duty of the City Manager to conduct studies and effect such administrative reorganization or consolidation of the offices, positions, or units under this direction as may be indicated in the interests of the efficient, effective, and economical conduct of the City's business, subject to Council approval.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

Unless otherwise directed or excused by the Council, it shall be the duty of the City Manager to attend all meetings of the Council, Planning Commission, and all other advisory commissions, boards, and committees as appointed by the Council, except as delegated by the City Manager to the appropriate City officer or employee. At such commission, board, or committee meetings which the City Manager attends, he shall be heard by such bodies as to all matters upon which he wishes to address the members thereof, and he shall inform such members of the status of any matter being considered by the Council, and he shall cooperate to the fullest extent with the members of all commissions, boards, and committees appointed by the Council.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

It shall be the duty of the City Manager to prepare the annual budget and, together with a message describing its important features, submit it to the Council by the second meeting in May at the latest for review, revision, and final approval. The City Manager shall serve as Finance Director and be responsible for the administration of the budget following its adoption by the Council, keeping the Council advised of the financial condition and future needs of the City and making recommendations as he may deem desirable. He shall prepare and submit to the Council as of the end of each fiscal year a complete report on the finances and administrative activities of the City for the preceding year, such financial reports not to be confused with the City Clerk's reports to the State Controller.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

It shall be the duty of the City Manager to recommend to the Council annually, at the beginning of each fiscal year and in association with the submittal of the proposed annual budget, a standard schedule of pay for each appointive office and position in the City service.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

It shall be the duty of the City Manager to see that no expenditures be submitted or recommended to the Council except on the approval of the City Manager or his authorized representative. The City Manager, or his authorized representative, shall serve as Purchasing Officer and be responsible for the purchase of all supplies for all the departments and divisions of the City. He shall compile and keep up-to-date a complete inventory of all property, real and personal, owned by the City and recommend to the Council the purchase of new machinery, equipment, and supplies whenever, in his judgment, the same can be obtained at the best advantage, taking into consideration the trade-in values of machinery, equipment, and the like in use. In the case of an accident, disaster, or other circumstance creating a public emergency, the City Manager is authorized to award contracts and make purchases for the purpose of meeting such emergency. He shall file promptly with the Council a certificate showing such emergency and the necessity for taking such action, together with an itemized accounting of expenditures.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

It shall be the duty of the City Manager to exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the Council.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

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 for the proper performance of any obligation 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.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

It shall be the duty of the City Manager to provide leadership for civic movements designed to benefit the residents of the City when so authorized by the Council and to perform such other duties and exercise such other powers as may be required by the Council or delegated to him from time to time by ordinance, resolution, or other official action of the Council.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

Except for matters of inquiry, the Council shall deal with the administrative services and personnel of the City through the City Manager, and neither the Council nor the members thereof shall give orders or instructions to any subordinate of the City Manager, but shall voice their policies and instructions through him. The City Manager shall take his orders and instructions from the Council only when sitting in a duly convened meeting of the Council.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

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.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

The removal of the City Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council meeting, subject, however, to the provisions of Sections 2-5.26 through 2-5.28 of this chapter. In case of his intended removal by the Council, the City Manager shall be furnished with a written notice, stating the Council's intention to remove him, at least thirty (30) days before the effective date of his removal. If the City Manager so requests, the Council shall provide in writing reasons for the intended removal, which shall be provided to the City Manager within seven (7) days after the receipt of such request from the City Manager and at least fifteen (15) days prior to the effective date of such removal.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

Within seven (7) 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 Council. Thereafter, the Council shall fix a time for the hearing, which shall be held at its usual meeting place but before the expiration of the thirty (30) day period, at which the City Manager shall appear and be heard, with or without counsel.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

After furnishing the City Manager with written notice of his intended removal, the Council may suspend him from duty, but his compensation shall continue until his removal by action of the Council passed subsequent to the hearing provided for in Section 2-5.26 of this chapter and subject to the provisions of Section 2-5.06 of this chapter.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

Notwithstanding the provisions of Sections 2-5.25 through 2-5.27 of this chapter, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of sixty (60) days next succeeding any general municipal election held in the City at which election a member of the Council is elected or when a new Councilman is appointed. The purpose of this provision is to allow any newly elected or appointed member of the Council or a reorganized 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 said sixty (60) day period, the provisions of said Sections 2-5.25 through 2-5.27 as to the removal of the City Manager shall apply and be effective.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

In the event the intended removal of the City Manager is for willful misconduct in office, written notice to the City Manager, as provided in Section 2-5.25 of this chapter, shall state that the reason for removal is willful misconduct. The procedures for a hearing and for suspension pending a hearing shall be followed as set forth in Sections 2-5.26 and 2-5.27 of this chapter. A determination of willful misconduct in office shall be evidenced by specific findings of facts constituting such willful misconduct. The determination of what constitutes willful misconduct shall be within the sole discretion of the Council, provided, however, it shall relate to the welfare of the City.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

For the purposes of this chapter, willful misconduct includes conduct directly related to conduct in office and directly related to the duties of the office. It includes the refusal to follow the lawful directions of the Council. It also includes conduct not directly related to the performance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the City. Evidence of such direct and harmful effect shall include, but shall not be limited to, the conviction of a felony.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)

Nothing in this chapter shall be construed as a limitation on the power or authority of the Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provision of this chapter.

(Ord. 86-3, eff. September 18, 1986, as amended by § 2, Ord. 94-2, eff. April 15, 1994)