Fullerton Municipal Code Ch. 2.09 City Manager

The office of the City Manager is 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 at and during the pleasure of the City Council.

(Ord. 2176, passed - -1977)

Residency within the city at the time of appointment of the City Manager shall not be required as a condition of the appointment, but is preferable.

(Ord. 2176, passed - -1977)

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

(Ord. 2176, passed - -1977)

The 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 as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.

(Ord. 2176, passed - -1977)

A Deputy City Manager shall serve as manager pro tempore during any temporary absence or disability of the City Manager.

(Ord. 2176, passed - -1977)

(A) The City Manager shall receive such compensation and expense allowances as the City Council from time-to-time determines.

(B) In addition, said City Manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his or her official duties, including those incurred when traveling on business pertaining to the city. Reimbursement shall only be made, however, when an itemized claim, setting forth the sums expended for such business for which reimbursement is requested has been presented to and approved by the City Council.

(Ord. 2176, passed - -1977)

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 chapter. 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 this chapter.

(Ord. 2176, passed - -1977)

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. He or she is empowered to designate city officers or employees of the city to exercise the powers authorized by Cal. Penal Code § 836.5(a), including the issuance of citations for violations of the provisions of the municipal code pursuant to Cal. Penal Code §§ 853.5 and 853.6. He or she is also responsible for general policy supervision of the public safety functions and primary liaison between these departments and City Council.

(Ord. 2176, passed - -1977; Ord. 2541, passed - -1985)

Any city officer or employee designated by the City Manager under § 2.09.080 shall complete such training and education as is required by Cal. Penal Code § 832 prior to assuming any duties under said section.

(Ord. 2541, passed - -1985)

Any city officer or employee designated by the City Manager under § 2.09.080 shall have the powers and duties granted by that section only when performing expressly assigned duties. At all other times the officers and employees shall have no status as a peace officer or any powers or authority or duties of a peace officer.

(Ord. 2541, passed - -1985)

The City Manager or his or her duly appointed designee shall act as Hearing Officer for initial determination of any public nuisance pursuant to Title 6 of this code. Any decision of the Hearing Officer may be appealable to the Appeals Board pursuant to § 6.01.080(A) of this code.

(Ord. 2617, passed - -1987)

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.

(Ord. 2176, passed - -1977)

It shall be the duty of the City Manager, and he or she shall appoint, remove, promote and demote any and all officers and employees of the city, except the City Clerk, City Attorney, City Treasurer, the Chief of Police and City Librarian, subject to all applicable personnel ordinances, rules and regulations and further subject to consultation with the Council in reference to department heads.

(Ord. 2176, passed - -1977; Ord. 3185, passed - -2012)

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.

(Ord. 2176, passed - -1977)

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

(Ord. 2176, passed - -1977)

It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom by the Mayor individually or by the City Council as a whole, except when his or her removal is under consideration.

(Ord. 2176, passed - -1977)

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.

(Ord. 2176, passed - -1977)

It shall be the duty of the City Manager to prepare and submit the proposed annual budget to the City Council for its approval.

(Ord. 2176, passed - -1977)

It shall be the duty of the City Manager to appoint a Purchasing Agent who shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

(Ord. 2176, passed - -1977)

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. It shall be the further duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the city government.

(Ord. 2176, passed - -1977)

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 City Council.

(Ord. 2176, passed - -1977)

The position of City Manager is a full-time position.

(Ord. 2176, passed - -1977)

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.

(Ord. 2176, passed - -1977)

The City Manager, as well as a department head, is hereby authorized to execute documents as provided in Cal. Gov’t Code § 40602, whenever the City Council has approved the execution by the City Manager or a department head by resolution or motion.

(Ord. 3275, passed - -2019)

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 to any subordinates of the City Manager. The City Manager shall take his or her orders and instructions from the City Council.

(Ord. 2176, passed - -1977)

It shall be the duty of all subordinate officers and the City Clerk, City Librarian, City Treasurer and City Attorney to assist the City Manager in administering the affairs of the city efficiently, economically and harmoniously.

(Ord. 2176, passed - -1977)

(A) 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.

(B) 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 thereof, and he or she shall inform said members as to the status of any matter being considered by the City Council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.

(Ord. 2176, passed - -1977)

(A) 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 the next succeeding sections.

(B) In case of his or her intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council’s intention to remove him or her, and the reason therefor, at least 30 days before the effective date of his or her removal.

(Ord. 2176, passed - -1977)

Within seven days after the delivery to the City Manager of such notice, he or she may by written notification to the City Clerk, request a hearing before the City Council. 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 30-day period, at which the City Manager shall appear and be heard, with or without counsel.

(Ord. 2176, passed - -1977)

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 resolution of the Council passed subsequent to the hearing.

(Ord. 2176, passed - -1977)

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.

(Ord. 2176, passed - -1977)

Notwithstanding the provisions of §§ 2.09.240, 2.09.250, 2.09.260, 2.09.270, 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. The purpose of this provision is to allow any newly elected 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 or her office. After the expiration of said 90-day period, the provisions in §§ 2.09.240 through 2.09.270 as to the removal of said City Manager shall apply and be effective.

(Ord. 2176, passed - -1977)

Nothing in this chapter 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 chapter.

(Ord. 2176, passed - -1977)