La Palma Municipal Code Art. II City Manager

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State Law reference— City manager generally, Government Code § 34851 et seq.

The office of the City Manager is hereby created and established. The City Manager shall be appointed by the City Council solely on the basis of his or her executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the City Council.

(Code 1975, § 2-8; Ord. No. 3, § 1)

(a) Residence in the City at the time of appointment shall not be required as a condition of appointment to the position of City Manager.

(b) No person elected to membership on the City Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after he or she has ceased to be a member of the City Council.

(Code 1975, § 2-9; Ord. No. 3, § 2)

(a) The City Manager shall receive such compensation as the City Council shall from time to time determine and fix. Such compensation shall be a proper charge against such funds of the City as the City Council shall designate.

(b) The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties or incurred when traveling on business pertaining to the City under direction of the City Council. Reimbursement shall only be made when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the City Council and has been duly approved and allowed by the City Council.

(Code 1975, § 2-10; Ord. No. 3, § 5)

The City Manager shall be the administrative head of the City government under the direction and control of the City Council, except as otherwise provided in this article. He/she shall be responsible for the efficient administration of all the affairs of the City which are under his or her control. In addition to his or her general powers as administrative head and not as a limitation thereon, it shall be his or her duty and he or she shall have the power:

(1) To see that the laws of the State pertaining to the City and all laws and ordinances of the City are duly enforced and that all franchises, permits and privileges granted by the City are faithfully observed.

(2) To control, order and give directions to all heads of departments, subordinate officers, and employees of the City except the City Attorney.

(3) To transfer employees from one department to another.

(4) To consolidate or combine offices, positions, departments, or units under his or her direction.

(5) To appoint, promote, discipline, demote, and remove any officers and employees of the City except the City Attorney.

(6) To exercise control over and to supervise in general all departments and divisions of the City government and all appointive officers and employees thereof except the City Attorney.

(7) To attend all meetings of the City Council and its committees unless excused therefrom by the City Council, except when his or her removal is under consideration by the City Council.

(8) To recommend to the City Council for adoption such measures and ordinances as he or she deems necessary or expedient.

(9) To keep the City Council at all times fully advised as to the financial conditions and needs of the City.

(10) To prepare and submit to the City Council the annual budget and to administer it after adoption.

(11) To purchase or cause to be purchased all supplies for all departments or divisions of the City.

(12) To make investigations into the affairs of the City and any department or division thereof and any contract or the proper performance of any obligation running to the City.

(13) 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.

(14) To exercise general supervision over all public buildings, public parks, streets, and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer.

(15) To devote his or her time as required by the duties and interest of the City.

(16) To make reports and recommendations as may be desirable or as are requested by the City Council.

(17) To serve in any appointed office or as head of a department within the City government to which he or she may be qualified when appointed thereto by the City Council and to hold and perform the duties thereof at the pleasure of the City Council.

(18) To provide leadership for civic movements designated to benefit the residents of the City when so authorized by the City Council.

(19) To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution of the City Council.

(Code 1975, § 2-11; Ord. No. 3, § 6; Ord. No. 97-08, § 1)

State Law reference— Power to dismiss and appoint other officers and employees, Government Code § 34856; vesting authority to appoint subordinate City officials in City manager, Government Code § 36510.

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 on the faithful performance of the duties imposed on the City Manager.

(Code 1975, § 2-12; Ord. No. 3, § 3)

State Law reference— Bonds of City officers and employees generally, Government Code § 36518 et seq.

The City Manager shall be an ex officio member of all boards and commissions appointed by the mayor or the City Council pursuant to law, with a right to participate in all deliberations or actions by his or her voice, but without vote.

(Code 1975, § 2-13; Ord. No. 3, § 6)

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

(Code 1975, § 2-14; Ord. No. 3, § 8; Ord. No. 97-08, § 2)

The City Council and its members shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry, and no individual member of the City Council shall give orders to the City Manager or any subordinate of the City Manager. In the case of each communication by a member of the City Council to the City Manager that is an order or a request, it shall be the responsibility of the City Manager to determine immediately whether such communication is an order or a request. If, in the opinion of the City Manager, such communication is an order as prohibited by this section, the City Manager shall immediately advise the City Council Member that such communication is in conflict with this section. The City Manager shall also place such communication on the agenda for the next regularly scheduled Council meeting. Any communication to the City Manager by any member of the City Council that is not handled by the City Manager as provided in this section shall not constitute a violation of this section.

(Code 1975, § 2-15; Ord. No. 3, § 9; Ord. No. 75-11)

In case of the absence or disability of the City Manager, the City Council may designate some duly qualified person to perform the duties of the City Manager during the period of absence or disability of such City Manager, subject, however, to the furnishing by such person of a corporate surety bond conditioned on faithful performance of the duties required to be performed.

(Code 1975, § 2-16; Ord. No. 3, § 4)

(a) The removal of the City Manager shall be effected by a majority vote of the members of the City Council. The removal from office of the City Manager shall be at such time and on such terms and conditions as the City Council shall determine at the time of removal.

(b) Nothing herein contained shall be construed as a limitation on the power or authority of the City Council to enter into a written agreement with the City Manager delineating specific terms and conditions of employment and removal from office.

(Code 1975, § 2-17; Ord. No. 81-4, § 1)