Kingsburg Municipal Code Art. III City Manager

The City Manager form of government and the City Manager position are established by this Charter in order that the public business may be carried out in the most efficient, best coordinated, well-planned and properly programmed manner with reference to both the work performed and the expense incurred.

The City Manager shall be appointed by a majority vote of the City Council solely on the basis of administrative and executive ability and qualifications, and shall serve at the pleasure of the City Council.

The City Manager shall devote full time to the duties of City Manager and the interests of the City except as otherwise expressly agreed by the City Council. The City Manager shall be salaried and shall not receive overtime pay. The City Manager shall serve the number of hours and days of work necessary to the proper performance of his/her duties.

Residence in the City at the time of appointment of a City Manager shall not be required as a condition of appointment, but within one hundred eighty (180) days after reporting for work (or such other time period as considered reasonable by the City Council) the City Manager must locate, establish residence and continue to reside within City limits and within a reasonable response time and/or distance from City Hall as determined by the City Council.

No member of the City Council shall be eligible for appointment as City Manager until at least two (2) years have elapsed after he or she has ceased to be a member of the City Council.

The 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 of the position. The premium for such bond shall be a proper charge against the City.

The City Manager shall receive such compensation as the City Council shall from time-to-time determine. In addition, the City Manager shall be reimbursed for or advanced all actual and necessary expenses incurred in the performance of his official duties, or incurred when traveling on business pertaining to the City under direction of the City Council. Reimbursement or advance shall only be made, however, when a verified itemized claim, setting forth the sums expended for which reimbursement or advance is requested, has been presented and duly approved and allowed in accordance with procedures adopted by the City Council.

The City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager. In case of the absence or disability of the City Manager and failure to appoint an Acting City Manager, the City Council directly or through the Mayor may make the appointment.

The City Manager shall be the chief administrative officer of the City under the direction and control of the City Council. The City Manager shall be responsible to the City Council for the proper and efficient administration of all affairs of the City, and charged with those administrative functions enumerated herein and otherwise delegated or assigned to him or her by the City Council. In addition to his/her general powers as chief administrative officer, and not as a limitation thereon, it shall be the duty of the City Manager and he/she shall have the following powers:

(A) Enforcement of laws. To ensure that the provisions of this code and all other laws and ordinances are properly enforced within the City;

(B) Personnel and departmental administration. Subject to the provisions of the Kingsburg Municipal Code and to any rules and regulations promulgated by the Council thereunder:

(1) To appoint, promote, discipline and dismiss all subordinate employees of the City, except the City Attorney, City Clerk and City Treasurer;

(2) To give timely notice to the Council of all actions of the City Manager in regard to the appointment, promotion, discipline and dismissal of any City employee;

(3) To transfer employees from one department to another; and

(4) To consolidate or combine offices, positions, departments or units with Council approval;

(C) Control of officers and departments. Subject to the provisions of the Kingsburg Municipal Code and to any rules and regulations promulgated by the Council thereunder, to exercise control over all departments and divisions of the City government and over all appointive officers and employees thereof save and except the City Attorney, City Clerk and City Treasurer, provided departmental reorganizations shall be made only with prior Council approval;

(D) Attend Council meetings. To attend all meetings of the Council and its committees, unless excused therefrom by the Council, except when the City Manager's evaluation, discipline or removal is under consideration by the Council;

(E) Recommend adoption of ordinances. To recommend to the Council for adoption such measures and ordinances as are deemed necessary or expedient;

(F) Advice as to finances. To keep the Council at all times fully advised as to the financial condition and needs of the City;

(G) Prepare budget. To prepare and submit to the Council the annual budget;

(H) Prepare salary plan. To periodically prepare and recommend to the Council a salary plan;

(I) Establish purchasing system. Subject to prior Council approval, to establish a centralized purchasing system for all City offices, departments and agencies;

(J) Investigate City affairs. To make investigations into the affairs of the City, any department or division thereof, any contract, or the proper performance of any obligation running to the City;

(K) Investigate complaints. To investigate all complaints in relation to matters concerning the administration of the government of the City and in regard to the service maintained by public utilities in the City, and to see that all franchises, permits and privileges granted by the City are faithfully observed;

(L) Supervise public property. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Council and not specifically delegated to a particular board or officer, and to control, supervise and inspect all public work being done by the City;

(M) Take inventories. To compile and preserve inventories of all City real and personal property and annually thereafter to the end that the same may be kept current;

(N) Other agency duties. To perform such duties as are consistent with these provisions for other official agencies created by the City Council (such as the Kingsburg Redevelopment Agency and Kingsburg Financing Authority) consistent with law and as directed by the governing bodies thereof; and

(O) To perform additional duties. To perform such other duties and exercise such other powers as may be delegated to him/her from time-to-time by the provisions of the Kingsburg Municipal Code, ordinances, resolutions and actions of the Council.

Except for matters of inquiry, the City Council shall deal with the administrative services and personnel of City through the City Manager, and neither the City Council nor the members thereof shall give orders or instructions to any subordinates of the City Manager, but shall voice their policies and instructions through the City Manager. The City Manager shall take orders and instructions from the City Council only when it sits in a duly-convened meeting.

It shall be the duty of all subordinate officers, City Attorney, City Clerk and City Treasurer to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law, this Charter and City ordinances.

The removal or discipline of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted at a duly convened Council meeting.

Notwithstanding any other provision hereof, the City Manager shall not be removed from his/her position or disciplined (other than for disability, serious misconduct or willful failure or refusal to perform the duties of City Manager) for a period of sixty (60) days following the date any member of the Council takes office by election or appointment. 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. After the expiration of said sixty (60) day period, the other provisions of this Charter regarding the removal or discipline of the City Manager shall apply and be effective.

Nothing in this article shall be construed as a limitation on the power or authority of the City Council to enter into any agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this Charter.