Hayward Municipal Code Art. VII City Manager

There shall be a City Manager who shall be the chief administrative officer of the City. The City Manager shall be appointed for an indefinite term by the Council and shall serve at the pleasure of the Council. The City Manager shall be chosen on the basis of the City Manager's executive and administrative qualifications, with special reference to actual experience in, or the City Manager's knowledge of, accepted practice in respect to the duties of the City Manager's office as hereinafter set forth. The City Manager need not be a resident of the City or State at the time of the City Manager's appointment, but during the City Manager's tenure of office, the City Manager shall reside within the City, unless the Council authorizes the City Manager to reside outside the City.

No Council member shall be eligible for appointment to the office of City Manager during the term for which the Council member shall have been elected or appointed nor within two years thereafter.

(Amended on November 3, 2020 )

The City Manager shall be head of the administrative branch of the City government. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to:

1. Appoint, discipline and remove, subject to the personnel provisions of this Charter, except as otherwise provided by this Charter, all officers and employees of the City under this jurisdiction. The City Manager may authorize the head of any department or office to appoint, discipline or remove subordinates in such department or office.

2. Prepare the budget annually and submit it to the Council and be responsible for its administration after its adoption.

3. Prepare and submit to the Council as of the end of the fiscal year, a complete report on the finances and administrative activities of the City for the preceding year.

4. Keep the Council advised of the financial condition and future needs of the City and make such recommendations on any matter as may to the City Manager seem desirable.

5. Establish a centralized purchasing system for all City office, departments and agencies.

6. Prepare rules and regulations governing the contracting for, purchasing, inspection, storing, inventory, distribution or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the Council for adoption by it.

7. Enforce the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City.

8. To make and execute contracts on behalf of the City for commodities or services included in the annual budget, or otherwise authorized by Council action.

9. Perform such other duties as may be prescribed by this Charter or required of the City Manager by the Council not inconsistent with the Charter.

(Amended on November 3, 2020 )

The City Manager shall be accorded a seat at the Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations, but shall not have a vote. The City Manager shall receive notice of all special meetings of the Council, boards and commissions.

(Amended on November 3, 2020 )

The City Manager may prescribe such general rules and regulations as the City Manager may deem necessary or expedient for the general conduct of the administrative offices and department of the City under the City Manager's jurisdiction.

(Amended on November 3, 2020 )

The City Manager shall appoint, subject to the approval of the Council, a qualified administrative officer or employee to serve as Manager Pro Tempore during the absence or disability of the City Manager. If the Manager fails to make such designation, the Council may designate an officer of the City to serve as Manager Pro Tempore during the absence or disability of the City Manager.

Neither the Council nor any of its members shall interfere with the execution by the City Manager of the City Manager's powers and duties, or order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in the administrative service of the City, of any person to any office or employment, or the person's removal therefrom. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. The City Manager shall take orders and instructions from the City Council only when it is sitting in a lawfully held meeting.

(Amended on November 3, 2020 )