Gustine Municipal Code Art. 2 City Manager

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State Law reference— City managers, Government Code § 34851 et seq.

The office of the city manager of the city is hereby created and established.

(Code 1966, § 2-4.201)

The provisions of this article apply in the absence of contrary provisions in the city manager's employment contract with the city.

State Law reference— Appointment of manager and general eligibility requirements, Government Code § 34855.

The city manager shall be appointed by the council wholly on the basis of administrative and executive ability and qualifications and shall hold office for and during the pleasure of the council.

(Code 1966, § 2-4.202)

No person elected as city councilmember 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 council.

(Code 1966, § 2-4.203)

Residence in the city at the time of the appointment of a city manager shall not be required as a condition of the appointment; provided, however, that within 180 days thereafter, the city manager shall become a resident of the city, or the council shall declare the office of city manager to be vacant.

(Code 1966, § 2-4.204)

State Law reference— Residency at time of appointment not required, Government Code § 34855.

It shall be the duty of the city manager to devote his entire time to the duties of his office in the interests of the city.

(Code 1966, § 2-4.208)

(a) The city manager shall receive such compensation and expense allowance as the council shall from time to time determine and fix by contract with the city manager. Such compensation and expense allowance shall be a proper charge against such funds of the city as the 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 the direction of the council. Reimbursement shall be made, however, only when a verified itemized claim setting forth the sums expended for such business for which reimbursement is requested has been presented to the council for approval.

(Code 1966, § 2-4.206)

(a) The removal of the city manager shall be only upon a three-fifths vote of the whole council, at a regular council meeting, subject, however, to the provisions of this section.

(b) In the event of the intended removal of the city manager by the council, the city manager shall be furnished with a written notice stating the council's intention to remove him, and the reason therefor, at least 30 days before the effective date of his removal.

(c) After furnishing the city manager with a written notice of intended removal, the council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to a requested hearing.

(d) Within seven days after the delivery to the city manager of a notice of intended removal, 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 30-day period, at which the city manager shall appear and be heard, with or without counsel.

(e) In removing the city manager, the 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 permit the city manager to present to the council his grounds of opposition to his removal prior to the action of the council.

(f) Notwithstanding the provisions of this section, the city manager shall not be removed from 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 council is elected. The purpose of this subsection is to permit any newly elected member of the 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 such 90-day period, the provisions of this section as to the removal of the city manager shall apply and be effective.

(Code 1966, §§ 2-4.212—2-4.217)

The city manager shall appoint, subject to the approval of the 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 the event of the absence or disability of the city manager and his failure to so appoint a manager pro tempore, the council may designate some qualified city employee to perform the duties of the city manager during the period of the absence or disability of the city manager.

(Code 1966, § 2-4.205)

The city manager shall be the administrative head of the government of the city under the direction and control of the council except as otherwise provided in this article. The city manager 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 also have the following powers and duties:

(1) Law enforcement. To enforce all laws and ordinances of the city.

(2) Direction of employees. To control, order, and give directions to all the heads of departments and to subordinate officers and employees of the city under his jurisdiction through the department heads of such officers and employees.

(3) Appointment, removal, and promotion of employees. To appoint, remove, promote, and demote any and all officers and employees of the city except the city clerk, city attorney, and city treasurer.

(4) Reorganization of offices, positions, and departments. To recommend to the council such reorganization of offices, positions, departments, or units under his direction as may be indicated in the interest of the efficient, effective, and economical conduct of the city's business.

(5) Legislation enactment recommendations. To recommend to the council for adoption such measures and ordinances as he deems necessary or expedient.

(6) Attendance at council meetings. To attend all meetings of the council unless excused therefrom except when his removal is under consideration.

(7) Financial reports. To keep the council fully advised at all times as to the financial conditions and needs of the city.

(8) Budget and salary plans. To prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval.

(9) Purchase of supplies. To purchase all supplies for all the departments or divisions of the city. No expenditures shall be submitted or recommended to the council except on the report and approval of the city manager.

(10) Investigations. To make investigations into the affairs of the city, and any department or division thereof, to investigate any contract or the proper performance of any obligation of the city, and 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.

(11) Enforcement of franchises and permits. To see that all franchises, contracts, permits, and privileges granted by the council are faithfully performed and observed.

(12) Supervision of public property. 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.

(13) Council instructions. To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance, resolution, or other action of the council.

(Code 1966, § 2-4.207)

The city manager, upon his own volition or upon the direction of the council, may attend any and all meetings of commissions, boards, or committees created by the 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. He shall inform such members as to 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, or committees appointed by the council.

(Code 1966, § 2-4.209)

The 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 council nor any member thereof shall give orders to any subordinates of the city manager. The city manager shall take his orders and instructions from the council only when sitting in a duly held meeting of the council, and no individual councilmember shall give any orders or instructions to the city manager.

(Code 1966, § 2-4.210)

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 the laws and regulations of the city.

(Code 1966, § 2-4.211)

In accordance with California Government Code § 25350.60, as it may from time to time be amended, the city manager or designee may approve and accept for the city the acquisition of any interest in real property with a total cost not to exceed $50,000.00.

Notice of intent to acquire such an interest in real property shall be provided to the city council and shall be published pursuant to California Government Code § 6061. This notice shall describe the property interest proposed to be acquired, the total purchase price proposed to be paid for the property interest, and shall state that the city manager is authorized to approve and accept the property interest on behalf of the city.

The city manager's or his/her designee's approval and acceptance of the real property interest conveyed shall be subject to a general plan conformity report as required by California Government Code § 65402, and evidenced by a certificate of acceptance, prepared and executed in accordance with California Government Code § 27281 the city manager or his/her designee shall have the authority to execute such a certificate of acceptance. The city manager or designee shall record, or cause to be recorded, the deed or grant conveying the property interest in the office of the county recorder.

(Ord. No. 495, 9-17-2019)