Gridley Municipal Code Ch. 2.03 City Administrator

There is created the position of city administrator, who shall be a person selected by the city council solely on the basis of his or her executive and administrative qualifications with special reference to actual experience and knowledge of accepted practice in respect to the duties of the office as set forth in this chapter. The city administrator shall serve directly under the supervision and control of the city council as a whole.

(Ord. 429 § 1 (part), 1983).

No person who has been a member on the city council shall be eligible for appointment as the city administrator until one year has elapsed after that person has ceased to be a member of the city council.

(Ord. 429 § 1(part), 1983).

The city administrator shall be appointed by the city council and shall hold office for and during the pleasure of the city council. Removal of the city administrator shall be only by a vote of at least three members of the city council, and shall be subject to the following provisions:

A. The city administrator may be removed at any time, with or without cause.

B. If the removal of the city administrator is for cause, the removal shall be effective immediately, or at such other time thereafter as the city council may determine.

C. If the removal is not for cause, it shall be effective thirty days thereafter, or at such later date as may be determined by the city council.

D. If the removal of the city administrator is without cause, the city council may, at its sole option and discretion, elect to remove all of the administrator’s duties and responsibilities immediately, in which event, the city administrator shall surrender his office.

(Ord. 803-2012 § 1, 2012: Ord. 469 § 1, 1985: Ord. 429 § 1(part), 1983).

A. The city administrator shall receive such compensation and expense allowances as the city council shall from time to time determine, and said compensation and expenses shall be a proper charge against funds of the city as the city council shall designate.

B. The city administrator shall be reimbursed for all sums necessarily incurred or paid in the performance of his duties, or incurred when traveling on business pertaining to the city under direction of or with the express consent of the city council; reimbursement shall be made only in accordance with an itemized claim setting forth the sums expended or obligations incurred in the manner provided by the city council for the presentation of claims for reimbursement of expenses of other city officers and employees.

(Ord. 429 § 1(part), 1983).

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

A. General Supervision. To execute, on behalf of the city council, its administrative supervision and control of such affairs of the city as may be placed in his charge, or which are not otherwise provided for by the city council;

B. Personnel and Organization. To appoint competent, qualified officers and employees to the administrative service (which term is inclusive of all positions excepting the city attorney, finance officer, chief of police, city engineer) and to dismiss, suspend and discipline such officers and employees in accordance with such policies as may from time to time be set forth by the city council; to transfer employees from one department to another, consistent with the policies of the city council; to recommend to the city council such reorganization of officers, departments or divisions as may be indicated in the interest of efficient, effective and economical conduct of the city's business and to effect such reorganization when authorized by appropriate ordinance, resolution or motion of the city council; provided, however, that no department head shall be appointed until the city council has approved such appointment, excepting that a tentative appointment may be made subject to the approval of such appointment by the city council at its next regular meeting following the making of such tentative appointment and excepting further, that no appointment may be made to any of the offices excluded above, appointment of those offices being within the exclusive control of the city council. The city administrator is required to consult with the department head of the department involved in any decision to hire, dismiss, suspend, or discipline any employee. If the department head does not concur with the city administrator's decision, the decision of the city administrator shall be binding unless the department head shall appeal such decision to the city council at its next regularly scheduled meeting;

C. Authority over Officers and Employees. To control, order and give directions to all heads of departments and to subordinate offices and employees of the city under his jurisdiction through their department heads;

D. Shift Work. To temporarily direct any department or division of the city to perform work for any other department, division or office of the city, unless otherwise precluded by law. The authority granted by this subsection may be exercised for no more than fourteen days without consent of the city council;

E. Compensation Plan. To prepare and to recommend to the city council from time to time desirable revisions of the compensation plan of the city;

F. To Aid City Council. To attend all meetings of the city council and to report upon and discuss any matter concerning the affairs of the department, services or activities under his supervision upon which, in his judgment, the city council should be informed, or upon which his views or opinions are requested by the city council. It is not intended by this subsection to restrict unduly the privilege of any department head or other employee from addressing the city council directly, provided that said party first directs the issue to the city administrator;

G. Carry Out Council Decisions. To carry out on behalf of the city council its policies, rules, regulations and ordinances relating to the administration of the affairs of the city, its department, divisions and services;

H. Budget. To supervise the preparation of a detailed, proposed municipal budget and to submit the same to the city council before the first day of June each year, and to offer his/her recommendations as to such increases, decreases, cancellations, transfers or changes and any of the items included in said proposed budget as in his/her judgment should be made before adoption of the final budget; to be responsible for the administration of the budget after its final adoption; (Ord. 580, 1991)

I. Purchasing. As agent for the city council, to exercise the power of approval or rejection of expenditures for all departments, divisions, services and offices of the city of the city government, in accordance with the municipal budget adopted by the city council, or to designate some other officer or employee of the city to so act;

J. Public Improvements. To develop and organize public improvement projects and programs, and to aid and assist the city council at the various departments, services and offices of the city in carrying out the same to a successful conclusion;

K. Recommendations to Council. To recommend to the city council for adoption such measures and ordinances as the city administrator deems necessary and expedient;

L. Studies and Reports. To make such surveys, studies, reports and recommendations as the city administrator may deem desirable on any matter affecting the interests of the people or city or as may be requested by the city council;

M. Council Agenda. To prepare the agenda for all regular, special or adjourned meetings of the city council, in accordance with the ordinances or resolutions establishing rules for the city council;

N. Other City Offices. To serve in any appointed office within the city government to which the city administrator may be qualified, when appointed thereto by the city council and to hold and to perform the duties thereof at the pleasure of the city council and without further compensation except as expressly provided by the city council at the time of such appointment or thereafter;

O. Mail. To receive and open all mail addressed whole or in part to the city council, the mayor, or mayor pro tem, and to give immediate attention thereto, to the end that all administrative business referred to in such communications and not necessarily requiring action by the city council may be disposed of in an expeditious manner. All personal mail shall be deposited in the appropriate box date stamped, but unopened;

P. Enforcement of Laws. To see to the enforcement within the city of the laws of the state and all laws and ordinances of the city;

Q. Contracts, Franchises, etc. To investigate and see to the faithful performance and observation of all contracts of the city, and of all franchises, permits, licenses and privileges granted by the city and to report any and all violations to the city council;

R. Citizen Complaints. To investigate all complaints in relation to matters concerning the administration of city government; to adjust all proper grievances within the scope of authority provided by the city laws and policies and to report to the city council all injustices suffered by reason of defects or omissions in the laws, policies or practices of the city which he is not authorized to rectify;

S. Public Property. 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, when the general supervision thereof is not specifically delegated to a particular officer; and to exercise general supervision over all city-owned public utilities operated within the city;

T. Community Relations. To explain to the public the actions, purposes and policies of the city government;

U. Community Projects. To cooperate within lawful limits with all community organizations whose aim and purpose it is, in whole or in part, to advance the spiritual and material interests of the city and its people, and to provide them, within lawful limits, with assistance in such aim and purpose through the city government;

V. Contracts. To execute, in the name of the city council and the city any contract authorized or approved by the city council, unless the city council shall expressly provide for other manner of execution of such contract;

W. Appearance Before Subordinate Agencies. To appear before and address any commission or agency appointed by the city council whenever he deems it advisable and whenever the interests of the city so require;

X. To Act as Personnel Officer. To act as personnel officer of the city and to prepare and keep the necessary records of personnel attendance, vacations, and other such activities: take applications for employment with the city and make recommendations to the city council of qualified persons to fill vacancies in the city service for the council's approval, when such approval is necessary;

Y. Employee Negotiations. To act as the negotiating agent on behalf of the city council in all negotiations with city employees and/or their representatives; provided, however, that the city administrator is not authorized to enter into any agreements which will bind the city and all agreements reached in employee negotiations shall be conditional upon final approval of the written agreement by the city council;

Z. To Manage City Utilities. To oversee the general operation of city utility services including, but not limited to, city electrical power, to keep advised of and familiar with all city involvements with other entities and agencies regarding the operation of city utilities; and to act, at the request of the city council, as the city's representative or delegate to organizations or agencies in which the city is involved regarding the operation of the city's utilities;

AA. Act as City Clerk. To act in the position of and assume the functions of the city clerk;

BB. Appearance Before Public Agencies. To appear before and address any public agency or commission as the representative of in the furtherance of the city's interests or as directed by the city council;

CC. Accept and consent to deeds or grants. Pursuant to Section 27281 of the Government Code of the State of California, to accept and consent to deeds or grants conveying any interest in or easement upon real estate to the city for public purposes. Such consent shall be endorsed upon said instrument in the manner and form provided by the aforesaid section.

DD. Execute subdivision improvement agreements and accept public improvements in accordance with approved tentative maps;

1. To execute subdivision improvement agreements provided for by this code or any state statute or regulation and to modify and/or extend the term of such agreements when appropriate, all subject to the terms and conditions established by the city council or planning commission in approving tentative maps.

2. To accept public improvements installed pursuant to a subdivision improvement agreement upon certification by the city engineer that the improvements have been completed in accordance with the approved tentative map and to release securities deposited with the city pursuant to the subdivision improvement agreement.

EE. Other Duties and Powers. To perform such other duties and exercise such other powers as are necessarily incident to the above powers or as may be assigned or delegated to him from time to time by action of the city council. (Ord. 803-2012 § 2, 2012: Ord 642, 1995; Ord. 485 § 2, 1986; Ord. 429 § 1(part), 1983).

A. The city council and its members shall deal with the administrative services of the city only through the city administrator, except for purpose of inquiry, and neither the city council, nor any member thereof, shall give orders to any officer or employee of the city under the supervision of the city administrator. The city administrator shall take his orders and instructions only from the city council as a body, and no individual members of the council shall give any orders or instructions to the city administrator. Any subordinate officer or employee receiving orders or instructions contrary to this section shall report the same in writing immediately thereafter to the city administrator and the city administrator shall promptly forward a copy or summary of such report to each member of the city council. He shall likewise promptly advise each member of the city council of any orders or instructions received by him contrary to this section.

B. It is not intended by this section to restrict unduly the privilege of a member of the city council of requesting of the city administrator, but not of any other officer or employee under his supervision, to prepare a report dealing with city business or municipal affairs, if such report can be compiled without undue dislocation of city activities and within the expenditure of considerable quantities of time by city personnel.

(Ord. 429 § 1 (part) , 1983) .

The city administrator shall act as the agent for the council in the discharge of its administrative functions, but shall not exercise any policymaking or legislative functions whatsoever nor attempt to commit or bind the council, or any member thereof, to any action, plan or program requiring official council action. It is not intended by this chapter to grant any authority to, or impose any duty upon, the city administrator which is vested in or imposed by general law or valid city ordinances in any other city commission, board, department, officer or employee.

(Ord. 429 § 1 (part), 1983).

In the discharge of his duties as city administrator, the person holding such position shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his contact with the public, with the city council and all city commissions, boards, departments, officers and employees, and shall use his best efforts to establish and maintain a harmonious relationship among all personnel employed in the government of the city, to the end that the highest possible standards of public service shall be continuously maintained.

(Ord. 429 § 1(part), 1983).

The administrator shall before entering upon the duties of his office, give good and sufficient corporate surety bond to the city in such amount as required by the city council and in form as shall be approved by the city attorney, and as required by any law of the state, or of the city. Such bond shall be conditioned upon the faithful performance and discharge of his duties, and for proper application and payment of all money or property coming into his hands by virtue of his office. A general bond or "crime bond" covering more than one officer or employee of the city shall suffice if it meets the requirements set forth in this section. The premium for such bond shall be paid by the city.

(Ord. 803-2012 §3, 2012: Ord. 429 § 1(part), 1983).

The city administrator shall have the authority to designate and appoint a city department head to act and serve as acting city administrator whenever the city administrator deems such to be necessary by virtue of temporary absence from the city or disability to perform the duties, save and except that in the event such an acting appointment and designation is anticipated to be for longer than twenty-one consecutive days, and the city council has not approved the designation and appointment of the acting city administrator, said appointment and designation shall be confirmed by the city council at their next regular council meeting. Any person so designated and appointed as acting city administrator shall receive no increase in compensation over that received for the position they otherwise occupy within the framework of city government unless and until such increase in compensation is approved by the city council. Any person so designated shall first furnish a bond in the form required of the city administrator unless such person has already filed a similar bond with the city. Any person appointed and designated as acting city administrator shall have all of the powers and duties of the city administrator specified in this chapter while acting in such capacity, excepting that no officer or employee of the city shall be appointed, removed, promoted, demoted, suspended or otherwise disciplined by the acting city administrator without the prior approval of the city council.

(Ord. 429 § 1(part), 1983).

All orders, ordinances, parts of ordinances, resolutions or parts of resolutions in conflict with this ordinance shall be and the same are hereby rescinded.

(Ord. 429 § 1(part), 1983).