Isleton Municipal Code Ch. 2.12 City Manager

Footnotes:

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Editor's note— Ord. No. 2013-04, § 1, adopted July 10, 2013, amended the Code by repealing former ch. 2.12, §§ 2.12.010—2.12.050, and adding a new ch. 2.12. Former ch. 2.12 pertained to similar subject matter, and derived from Ord. No. 08-401.

The position of the city manager is created and established. The city manager shall be appointed by the city council and shall hold office as specified by the city manager's agreement. Whenever reference is made to the "chief administrative officer," "city administrator," or "city manager," that reference shall be deemed to mean the city manager.

(Ord. No. 2013-04, § 1, 7-10-2013)

The city manager shall be the administrator and chief executive officer of the city under the general direction of the city council. The city manager shall be responsible for the efficient administration of the affairs of the city under his or her control. In addition, the city manager shall have the following authority and duties:

A. The authority to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed;

B. The authority to hire, control, order, terminate and give direction to all department heads, subordinate officers, and employees of the city, except elected officials, appointed commissioners and the city attorney;

C. The authority to appoint, remove, promote and demote all city officers and employees, except elected officials and appointed commissioners, subject to the city's personnel rules and regulations;

D. The authority to reorganize city offices, positions and units;

E. The authority to make recommendations regarding measures, policies, resolutions, and ordinances to the city council and to be the only employee to take direction from and control implementation of policies adopted by the city council;

F. The city manager shall have the duty to attend all city council meetings, unless excused by the mayor or city council. The city manager shall be provided a seat at the city council table and shall be entitled to participate in all deliberations of the city council, but shall have no vote;

G. The city manager shall be the finance officer of the city and shall have the duty to manage the fiscal activities of the city in accordance with applicable law, the adopted city budget, and city council direction. The city manager shall continuously keep the city council apprised of the city's financial condition and associated fiscal needs. At the end of each fiscal year, the city manager shall present a complete report to the city council concerning the city's financial status and fiscal activities for that fiscal year;

H. The city manager shall have the duty to prepare and submit a proposed annual budget to the city council for its consideration;

I. The city manager shall investigate the affairs of the city and any service or operation affecting the health, safety, or general welfare of the citizens of the city. The city manager shall investigate all written complaints concerning the administration of the city and report the determination to city council (during closed session when appropriate); and

J. The city manager shall exercise general supervision and control over all city buildings, parks, and other property.

K. For purposes of this ordinance and the municipal code generally, a contractor retained to provide city engineer services shall not be a public officer and the city manager shall not have oversight of said contractor. Further, such a contractor shall be subject to oversight and audit by the city council as per § 66499.51(c) of the California Government Code.

(Ord. No. 2013-04, § 1, 7-10-2013)

The city manager, in the event he or she is an employee, shall furnish a corporate surety bond that is acceptable to the city council and city attorney and is conditioned upon the faithful performance of the duties imposed upon the city manager. Any premium for such bond shall be a proper charge against the city. In the event the city manager is an independent contractor, the city manager's agreement shall have insurance provisions acceptable to the city council and city attorney.

(Ord. No. 2013-04, § 1, 7-10-2013)

The city aims to have a full-time city manager. The city manager's position, however, shall be part-time until the city council determines that city revenues allow adequate funds for a full-time position. Compensation shall be set forth in the city manager's agreement.

(Ord. No. 2013-04, § 1, 7-10-2013)

The first city manager's agreement entered into after adoption of this ordinance shall be in compliance herewith. It shall be negotiated at arms-length between the city council and city manager candidate and shall contain the terms and conditions agreed upon between the parties.

(Ord. No. 2013-04, § 1, 7-10-2013)

The city manager may be removed from his or her position in accordance with this section:

A. The city manager shall at all-time serve at the pleasure of the city council and may be removed from office at any time, for cause or without cause.

B. The removal of the city manager shall be effected only by the city council and shall be done in accordance with all applicable laws and ordinances, and in compliance with the city manager's agreement; and

C. For purposes of this ordinance, the city manager may be terminated for cause for the following or similar reasons:

1. A felony conviction;

2. Acts of moral turpitude; and

3. Obligating funds in excess of any amount determined by the city council.

(Ord. No. 2013-04, § 1, 7-10-2013)