Irvine Municipal Code Ch. 1 In General

The Office of the City Manager is hereby created and established in and for the City.

(Code 1976, § I.C-101; Ord. No. 20, § 1, 3-1-72)

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 for and during the pleasure of the City Council. Nothing in this section shall be deemed to preclude the City Council from entering into a written employment contract with the City Manager for a term of years.

(Code 1976, § I.C-102; Ord. No. 20, § 1, 3-1-72; Ord. No. 90-24, § 1, 12-11-90)

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

(Code 1976, § I.C-103; Ord. No. 20, § 3, 3-1-72)

Residence in the City at the time of appointment of a City Manager shall not be required as a condition of the appointment, but within 180 days after reporting for work the City Manager must become a resident of the City unless the City Council approves his or her residence outside the City.

(Code 1976, § I.C-104; Ord. No. 20, § 2, 3-1-72)

The Assistant City Manager shall serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Manager, by filing a written notice with the City Clerk, shall designate a qualified City employee to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. In the event the City Manager's absence or disability extends over a two-month period, the City Council may, after the two-month period, appoint an acting City Manager.

(Code 1976, § I.C-105; Ord. No. 20, § 5, 3-1-72)

The City Manager and acting 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 and acting City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City.

(Code 1976, § I.C-106; Ord. No. 20, § 4, 3-1-72)

A. The City Manager shall receive such compensation as the City Council shall from time-to-time determine.

B. In addition, the 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.

C. On termination of employment of the City Manager for any reason other than for willful misconduct in office, the City Manager shall receive cash severance pay in a lump sum equal to two months' pay for every year of continuous service or fraction thereof as City Manager, up to a total of six months' pay, such pay to be computed at the highest salary received by the City Manager during his or her service with the City. Termination of employment shall include reduction in pay not applicable to all employees of the City.

D. Notwithstanding anything to the contrary in the foregoing Subsections 1-3-108A, B and C, the City Council may vary the City Manager's compensation provisions pursuant to a written employment contract for a term of years.

(Code 1976, § I.C-107; Ord. No. 20, § 6, 3-1-72; Ord. No. 85-2, 2-12-85; Ord. No. 90-24, § 2, 12-11-90)

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 or instructions to any subordinates of the City Manager. The City Manager shall take his or her orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual Council member shall give any orders or instructions to the City Manager.

(Code 1976, § I.C-108; Ord. No. 20, § 8.1, 3-1-72)

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.

(Code 1976, § I.C-109; Ord. No. 20, § 8.2, 3-1-72)

The City Manager may attend any and all meetings of the Planning Commission, Community and Library Services 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. 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.

(Code 1976, § I.C-110; Ord. No. 20, § 8.3, 3-1-72; Ord. No. 25-09, § 2(Exh. A), 5-13-25)

Nothing in this division 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 division.

(Code 1976, § I.C-111; Ord. No. 20, § 10, 3-1-72)

The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in a regular Council meeting, subject, however, to the provisions of Sections 1-3-115 through 1-3-117 and Section 1-3-119. 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, at least 30 days before the effective date of his or her removal. If the City Manager so requests, the City Council shall provide in writing reasons for the intended removal, which shall be provided to the City Manager within seven days after the receipt of such request from the City Manager, and at least 15 days prior to the effective date of such removal.

(Code 1976, § I.C-112; Ord. No. 20, § 9.1, 3-1-72)

Within seven days after the delivery to the City Manager of notice of intention to remove, 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.

(Code 1976, § I.C-113; Ord. No. 20, § 9.2, 3-1-72)

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 action of the Council passed subsequent to the hearing.

(Code 1976, § I.C-114; Ord. No. 20, § 9.3, 3-1-72)

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 the City Council his or her grounds of opposition to his or her removal prior to its action.

(Code 1976, § I.C-115; Ord. No. 20, § 9.4, 3-1-72)

Notwithstanding the provisions of Sections 1-3-114 through 1-3-117, 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 or when a new City Council member is appointed; the purpose of this provision is to allow any newly elected or appointed 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 such 90-day period, the provisions of this chapter as to the removal of the City Manager shall apply and be effective.

(Code 1976, § I.C-116; Ord. No. 20, § 9.5, 3-1-72)