Irwindale Municipal Code Ch. 2.08 City Manager

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For statutory provisions on the city manager form of government, see Gov. Code §§ 34851-34859.

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

(Ord. 184 § 1(part), 1966: Ord. 62 § 1(part), 1959: prior code § 2200).

Appointments to the position as city manager shall be made by not less than three affirmative votes of the city council. Persons so appointed shall hold such office at the pleasure of the city council and may be removed from such position in the manner specified in Section 2.08.070. Appointments to the position shall be made by the council upon the basis of the individual's executive and administrative qualifications, with special reference to his actual experience in, or knowledge of, accepted practices with respect to municipal government. Residency in the city shall not be required for such appointment. No member of the city council shall be eligible for appointment to the position of city manager during his term of office as a member of the council, nor for a period of one year after the expiration thereof.

(Ord. 184 § 1 (part), 1966: Ord. 62 § 1(part), 1959: prior code § 2201).

The city manager shall, subject to approval of the city council, appoint an acting manager to perform the duties of that office during any temporary absence or disability of the manager. Where the city manager fails to make such an appointment, the same shall be made by the city council. Only persons who are officers or employees of the city shall be eligible for an appointment as acting manager.

(Ord. 184 § 1(part), 1966: Ord. 62 § 1(part), 1959: prior code § 2202).

The city council shall determine and fix the compensation for the position of city manager. The city manager shall be entitled to be reimbursed for all sums necessarily incurred and/or expended by him in the performance of his duties, or so incurred when traveling upon business pertaining to the city under the direction of the city council. Such reimbursement shall be made upon the submission of verified itemized claims, which shall be presented to the city council for approval.

(Ord. 184 § 1 (part), 1966: Ord. 62 § 1(part), 1959: prior code § 2203).

The city manager shall be the administrative head of the government of the city, under the direction and control of the city council. He shall exercise the following duties:

A. He shall enforce all laws and rules and regulations of the city.

B. He shall prepare the annual budget and submit the same to the city council, together with his recommendations with reference thereto.

C. He shall keep the city council at all times fully advised as to the financial condition of the city.

D. He shall be responsible for the purchase of all supplies, materials and equipment as approved by the city council by its adoption of the budget, or otherwise.

E. He shall supervise the use and care of all public buildings and property.

F. He shall devote his entire time to the discharge of his duties as city manager.

G. He shall be in attendance at all city council and planning commission meetings, unless excused by the council, and such other board and commission meetings as directed by the city council.

H. He shall appoint, remove, promote and demote any officers (except the city attorney), heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads.

1. Right of Appeal. Except in instances where the right of appeal is specifically prohibited, any employee in the competitive service shall have the right within ten days after disciplinary action has been imposed to appeal such action to the city council.

2. Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the city manager, who shall, within ten days after receipt of the appeal, inform each member of the city council and such other persons or officers named or affected by the appeal of the filing of the appeal. The appeal shall be a written statement, addressed to the city council, explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant, with his reasons therefor. The formality of a legal pleading is not required.

3. Notice. Upon the filing of an appeal, the city manager shall set a date for a hearing on the appeal not less then ten days, nor more than thirty days from the date of filing. The city manager shall notify all interested parties of the date, time and place of the hearing at such places as the city council prescribes.

4. Investigation. Upon the filing of an appeal, the city council may make such independent investigation of the matter as it may deem necessary. The result of such investigation shall be made a part of the record of the proceedings and the appellant shall have the right to have a reasonable time within which to answer or to present evidence in opposition to the findings of this independent investigation.

5. Hearings. The appellant shall appear personally, unless physically unable to do so, before the city council at the time and place of the hearings. He may be represented by any person or attorney as he may select and may at the hearing produce on his behalf relevant oral or documentary evidence. Appellant shall state his case first and, at the conclusion, opposition matter may then be presented. Rebuttal matter not repetitive may be allowed at the discretion of the city council. Cross examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the city council, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings shall be open unless the appellant, in writing, requests a closed hearing.

6. Findings and Recommendations. The city council shall, within ten days after the conclusion of the hearing, certify its findings and decision in writing to the appellant and to the person, officer or body from whose action the appeal was taken. The city council may affirm, revoke or modify the action taken as, in its judgment, seems warranted, and the action taken shall be final. In case of suspension, discharge or demotion, the city council may reinstate any employee to his former status if proof is made that the disciplinary action was without cause.

I. He shall perform such other duties as may, from time to time, be delegated to him by action of the city council.

(Ord. 234 § 1, 1969; Ord. 184 § 1(part), 1966: Ord. 144 § 1, 1964; Ord. 62 § 1(part), 1959: prior code § 2204).

The city council, and the individual members thereof, shall deal with the other officers and employees of the city, excepting the city attorney, only through the city manager. Neither the city council nor any member thereof shall issue any order to any other officer or employee of the city. The city manager shall receive his orders and instructions from the city council only when the same are made and issued at a regular council meeting. No individual member of the city council shall give any order or instruction to the city manager. None of the provisions of this section shall be deemed to prevent any member of the city council from discussing any matter of city business either with the city manager or any other officer or employee of the city.

(Ord. 184 § 1(part), 1966: Ord. 62 § 1(part), 1959: prior code § 2205).

Any person holding the position of city manager may be removed therefrom at any time, except as provided in Section 2.08.080, upon motion of the city council to that effect, carried by not less than three affirmative votes. Such action shall not be effective for a period of thirty days from and after the date thereof; provided, that during such period of time, in the discretion of the city council, the city manager may be suspended from duty, but shall continue to receive his compensation.

(Ord. 184 § 1(part), 1966: Ord. 62 § 1(part), 1959: prior code § 2206).

Notwithstanding the provisions of this chapter enumerated in Section 2.08.070, the city manager shall not be removed from office during or within a period of thirty days next succeeding any general municipal election held in the city, at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected 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 office. After the expiration of said thirty-day period mentioned in this section, the provisions of Section 2.08.070 as to the removal of the city manager shall apply and be effective.

(Ord. 184 § 1(part), 1966: Ord. 62 § 1(part), 1959: prior code § 2207).

In case of accident, disaster, or other circumstance creating a public emergency, the city manager may award contracts and make purchases for the purpose of meeting said emergency; but he shall file promptly with the council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.

(Ord. 184 § 1(part), 1966: Ord. 62 § 1(part), 1959: prior code § 2208).