Hawthorne Municipal Code Ch. 2.04 City Manager

Pursuant to the provision of the Government Code of the state, there is created, continued and established the office of city manager. The city manager shall be appointed by the city council solely on the basis of his or her executive and administrative qualifications and ability and shall hold office at and during the pleasure of the city council.

(Prior code § 2-600)

The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city, or the assistant city manager to serve as acting city manager during any temporary absence or disability of the city manager.

(Prior code § 2-601)

The city manager shall receive such compensation as the city council shall from time to time determine and fix by resolution or budget. He or she shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties subject to presentation to and approval by the city council.

(Prior code § 2-602)

The city manager shall be the administrative head of the city government under the direction and control of the city council. 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 power:

A. To see that all laws and ordinance of the city are duly enforced and that all franchises, permits and privileges granted by the city are faithfully observed;

B. To exercise control over all departments of the city government and over all appointive officers and employees thereof, except the city clerk, city treasurer and city attorney; to appoint, promote, demote, remove and transfer any officers and employees of the city except the city clerk, city treasurer and city attorney; to consolidate and combine offices, positions, departments or units under his or her direction; providing, however, that said powers are subordinate to and nothing herein shall be construed to supersede the provisions of Chapters 2.18, 2.30 through 2.48, 2.52 and 2.54 of this code establishing a civil service system;

C. To attend meetings of the city council with the duty of reporting on or discussing any matter concerning the affairs of the departments, services or activities under his or her supervision, upon which in his or her judgment the city council should be informed;

D. To cause to be prepared and submitted to him or her by each department, division or service of the city government, itemized annual estimates of expenditures required by any of them for capital outlay, salaries, wages and miscellaneous operating costs; to tabulate the same into a preliminary consolidated municipal budget and submit the same to the city council before the fifteenth of June of each year with his or her recommendations as to such changes which he or she deems advisable;

E. To be responsible for the administration of the budget after its final adoption and to keep the city council informed on a regular basis (and not less often than once per quarter) of the following:

1. General fund cash balance (to exclude restricted funds),

2. General fund operating fund balance (to exclude restricted funds),

3. Description and explanation of promotions, reclassifications and other increases to compensation of city staff,

4. Any reduction in general fund reserve balance and the reason for such reduction,

5. Any interfund activity in which the general fund is the receivable fund, as well as the total of all such interfund activity payable from the general fund,

6. Report on any department that has exceeded its budgeted expenditures (prorated over the fiscal year) by more than five percent,

7. Providing back-up documents including bank statements to city council and placing back-up documents on city website regarding the city's general fund cash reserve balance, pooled cash checking account, bank statements and detailed breakdown of bank statements;

F. As agent for the city council to supervise the expenditure of all departments, divisions or services of the city government and to act as purchasing agent for the purchase of all supplied, goods, wares, merchandise, equipment and material which may be required for any of such departments, divisions or services. To execute any purchase orders or specialized or professional services agreements that comply with the city's adopted purchasing policy;

G. To develop and organize necessary public improvement projects and programs and to aid and assist the city council and the various departments in carrying the same through to successful conclusion;

H. To serve as public relations officer of the city government and to follow through and endeavor to adjust all just complaints filed against any employee, department, division or service thereof;

I. To cooperate with all community organizations whose aim and purpose it is to advance the spiritual and material interests of the city and its people and to provide them with assistance through the city government;

J. To make and keep up to date an inventory of all property, real and personal, owned by the city, and to recommend to the city council the purchase of new machinery, equipment and supplies whenever in his or her judgment the same can be obtained at the best advantage, taking into consideration trade-in value of machinery, equipment, etc., in use;

K. To receive and open all mail addressed to the city council and give immediate attention thereto to the end that all administrative business referred to in said communications and not necessarily requiring councilmanic action, may be disposed of between council meetings, providing that all actions taken pursuant to such communications shall be reported to the city council at its next meeting thereafter;

L. To exercise general supervision over all public buildings, public parks and other public property which is under the control and jurisdiction of the city council and not specifically delegated to a particular board or officer;

M. To execute any contract, agreement, license or lease when expressly authorized by the city council;

N. 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 of the city council;

O. To ensure that the general fund reserve balance (exclusive of any amounts reserved for capital projects) does not fall below three months of average operating expenditures. This floor amount shall be calculated by dividing the budgeted total operating expenditures for the current fiscal year by four. If, for any reason, the general fund reserve balance falls below this floor (or the general fund reserve balance, if below this floor, has a further reduction in balance), the city manager shall immediately notify the city council of this fact by placing a discussion of the general fund reserve balance on the agenda for the next city council meeting and by producing, and distributing to each council member, a report on the reason for the reduced reserve balance and a plan. The city manager shall produce a new report to the city council regarding the general fund reserve balance at least once a month until the reserve balance has been restored. Each such report shall be agendized as a discussion item at a meeting of the city council unless the city council adopts a resolution that: (1) sets a goal for the schedule on which the reserve fund will be replenished, and (2) explicitly suspends this agendization and discussion requirement until a specific date. If, following the adoption of such a resolution: (1) the reserve balance does not meet a goal set in the resolution, or (2) the reserve balance further decreases, the city manager shall immediately report such fact to the city council and shall no longer be excused, by virtue of the resolution, from agendizing a discussion of each report produced pursuant to this subsection.

(Prior code § 2-603; Ord. 1877 §§ 1 - 3, 2006; Ord. 2096 § 1, 2015; Ord. 2188 § 1, 2019)

The city manager shall act as the agent for the city 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 city council or any member thereof to any action, plan or program requiring official councilmanic action. It is not intended by this chapter to grant any duty upon said city manager which is vested in or imposed by general law or valid city ordinances in any other city commission, board, department, officer or employee.

(Prior code § 2-604)

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

(Prior code § 2-605)

The removal of the city manager shall be only on a majority vote of the whole council. In case of his or her intended removal by the council, the city manager shall be furnished with a written notice stating the council's intention to remove him or her and the reasons therefor, at least thirty days before the effective date of his or her removal.

(Prior code § 2-606)

Within five days after the delivery to the city manager of such notice, he or she may by written notification to the city clerk request a public hearing before the council. Thereafter the council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, and at which the city manager shall appear and be heard.

(Prior code § 2-607)

After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his or her compensation shall continue until his removal by resolution of the council passed subsequent to the aforesaid public hearing.

(Prior code § 2-608)

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 publicly present to the city council his or her grounds of opposition to removal prior to its action.

(Prior code § 2-609)

Notwithstanding the provisions of this chapter, the city manager shall not be removed from office during or within a period of ninety days next succeeding any general municipal election held in the city, at which said election a member of the city council is elected; the purpose of this provision is to allow any newly elected member to 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 ninety-day period aforementioned, the provisions of the preceding sections as to the removal of said manager shall apply and be effective.

(Prior code § 2-610)

The office of city manager is specifically excluded from the civil service or personnel system of the city.

(Prior code § 2-611)