La Quinta Municipal Code Ch. 2.08 City Manager

The office of the city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of administrative and executive ability and qualifications. The city manager shall hold office for and during the pleasure of the city council.

(Ord. 583 § 1, 2020; Ord. 2 § 1, 1982)

No member of the city council shall be eligible for appointment as city manager until one (1) year has elapsed after the council member has ceased to be a member of the city council.

(Ord. 583 § 1, 2020; Ord. 2 § 1, 1982)

The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the council shall designate.

(Ord. 583 § 1, 2020; Ord. 2 § 1, 1982)

The city manager shall be reimbursed for all actual and necessary business expenses incurred by him or her in the performance of official duties, including those incurred when traveling on business pertaining to the city.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

The city manager, by a letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. The city council may appoint, at any time, an acting city manager. If the city manager position is vacant or the city manager is removed from office in accordance with the provisions in this chapter, the city council shall appoint an acting or interim city manager to serve as such until the city council appoints a permanent city manager.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all 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, he or she shall be expected to, and shall have the power to:

A. 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. Appoint, remove, promote and demote any and all officers and employees of the city except elective officers and the city attorney, subject to all applicable personnel rules and regulations which may be adopted by the city council, or imposed by the state or federal governments;

C. Control, order and give directions to all department heads who are subject to his or her appointment and removal authority, and to subordinate officers and employees of the city under his or her jurisdiction through their department heads;

D. Conduct studies and effect such organization and reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business;

E. Recommend to the city council for adoption such measures and ordinances as he or she deems necessary;

F. Attend all meetings of the city council unless excused therefrom by the mayor individually or the city council as a whole, except when his or her removal is under consideration;

G. Prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval;

H. To serve as purchasing agent, collector, tax administrator, and fee administrator as defined by this code, or appoint an officer or employee to serve in one (1) or more of these capacities, and thereafter direct and supervise such activities of the city;

I. Keep the city council at all times fully advised as to the financial condition and needs of the city;

J. Make investigations into the affairs of the city and any department or division thereof and any contract or the proper performance of any of the obligations of the city, and further, to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city;

K. Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the city council;

L. Have the same authority as the mayor (as conveniences to the parties may dictate) to sign documents specified in Section 40602 of the Government Code whenever such documents have been approved by the city council for execution by resolution, motion, minute order or other appropriate action; and

M. Perform such other responsibilities and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the city council.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 334 § 1, 1999; Ord. 196 § 1, 1991; Ord. 2 § 1, 1982)

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 to any subordinates of the city manager. For purposes of this section, inquiry means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall give all information reasonably requested by any councilmember. 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 councilmember shall give any orders or instructions to the city manager. The city council shall instruct the city manager in matters of policy. Any action, determination or omission of the city manager shall be subject to review by the city council. The city council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three (3) members of the city council.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

It shall be the duty of all subordinate officers and the city attorney and city clerk to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

(Ord. 583 § 1, 2020; Ord. 334 § 2, 1999; Ord. 2 § 1, 1982)

The city manager may attend any and all meetings of the planning commission, and any other commission, board or committee 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. He or she shall inform such 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 members of all commissions, boards or committees appointed by the city council.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

The removal of the city manager shall be effected only by a majority vote of the whole council as then constituted, convened in a regular council meeting, subject, however, to the provisions of Sections 2.08.110 through 2.08.160. In case of his or her 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 and the reason therefor at least thirty (30) days before the effective date of his or her removal.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

Within seven (7) days after the delivery to the city manager of the notice required in Section 2.08.100, 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 thirty (30)-day period, at which the city manager shall appear and be heard, with or without counsel.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

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 the latter of: (a) the effective date of his or her removal as stated in the written notice of intention to remove him or her; or (b) his or her removal by resolution of the council passed subsequent to the hearing described in Section 2.08.110.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

In removing the city manager, except as provided in Section 2.08.150, 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.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

Notwithstanding the provisions of Sections 2.08.100 through 2.08.130, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety (90) 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 or her office. After the expiration of the ninety (90)-day period aforementioned, the provisions of Sections 2.08.100 through 2.08.130 as to the removal of the city manager shall apply and be effective.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

In the event the intended removal of the city manager is for willful misconduct in office, written notice to the city manager as provided in Section 2.08.100 shall state that the reason for removal is willful misconduct in office and shall state specific facts which constitute such willful misconduct. The procedure for hearing and for suspension pending hearing shall be followed as stated in Sections 2.08.100 through 2.08.140. A determination of willful misconduct in office shall be evidenced by specific findings of facts constituting such willful misconduct. The determination of what constitutes willful misconduct shall be within the sole discretion of the city council; provided, that it shall relate to the welfare of the city.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

Willful misconduct includes conduct directly related to conduct in office and/or directly related to the duties of the office. It includes the refusal to follow the lawful directions of the city council. It also includes conduct not directly related to the performance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the city. Evidence of such direct and harmful effect includes, but is not limited to, conviction of a felony.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into agreement with the city manager delineating terms and conditions of employment.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015; Ord. 2 § 1, 1982)

A. Except when an appeals procedure is otherwise specifically set forth in this code, any person excepting to the denial, suspension, or revocation of a permit or license applied for or held by him or her pursuant to any of the provisions of this code, or aggrieved by an administrative decision made by any city official, if the denial, suspension, or revocation of the permit or license, or the determination of the administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, may appeal in writing to the city manager by filing with the city clerk a written notice of the appeal. Notwithstanding any other provision in this code to the contrary, the appellant must file the notice of appeal with the city clerk in addition to any other department or designated city officer identified in this code.

B. No appeal may be taken to any such administrative decision made by a city official pursuant to any of the provisions of this chapter unless the decision to appeal has been first taken up with the permit administrator, and each such official has not adjusted the matter to the appellant's satisfaction.

C. No right of appeal to the city manager from any administrative decision made by a city official pursuant to any of the provisions of this code shall exist when the decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, whether the administrative decision involves the denial, suspension, or revocation of a permit, license, or any other administrative decision. Also, there shall be no such right of appeal with regard to law enforcement activities involving state law.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015)

A. Within ten (10) calendar days after the issuance of an administrative decision, an appellant may request a hearing before the city manager to present evidence on his or her behalf. If the tenth calendar day is a nonworking day for the city, the appeal period shall be extended to include the next city working day; no appeal shall be accepted after this period has expired.

B. The notice of appeal shall be in writing and shall set forth: (1) name(s) of the person(s) filing the appeal ("appellant(s)"); (2) the specific action being appealed; (3) the specific grounds of the appeal; (4) the relief or action sought from the city manager; and (5) the signatures of all parties named as appellants and their mailing address. The notice of appeal may also include any additional information or documentation the appellant(s) wish to provide on the matter. The notice of appeal, or certain information contained in the notice of appeal, may be subject to public disclosure.

C. Except in those instances where an appeal is filed by a public official in pursuance of official duties, the written notice of appeal from the action of an administrative official shall be accompanied by such fee as may have been established by resolution of the city council. An appellant may request a waiver of a filing fee, which shall be reviewed and decided upon, based on the provisions set forth in Section 2.04.115 of this code.

D. Any appeal filed that fails to provide all of the information required by this section, or fails to include the appropriate filing fee, or both, shall be deemed incomplete. The city clerk shall return the incomplete appeal to the appellant with a brief statement the reasons for the deficiency, and the appellant shall thereafter be allowed five (5) calendar days in which to perfect and refile the notice of appeal. If the fifth calendar day is a nonworking day for the city, the appeal period shall be extended to include the next city working day; no appeal shall be accepted after this period has expired.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015)

At the discretion of the city manager, or as required in this code, the city manager may initiate and conduct a hearing prior to the issuance of an administrative decision to afford an applicant an opportunity to present evidence on the applicant's behalf when an application denial, or existing permit suspension or revocation is about to be issued. Notice shall be serviced as prescribed in Section 1.01.300 and the city manager may include in the notice a requirement for the applicant to provide additional information or documentation at the time of the hearing.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015)

Upon the timely filing of a notice of appeal in proper form, the city manager shall set the time and place for such hearing and shall serve notice to the appellant pursuant to Section 1.01.300 as soon as practical thereafter but in no event, shall the notice be served less than five (5) calendar days prior to the date of the hearing thereon. Where applicable, the notice shall state the grounds for the administrative decision at issue.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015)

In the event no appeal is made within the time period or in the manner prescribed in this code, the decision of the city manager shall become final and conclusive on the expiration of the time fixed for an appeal.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015)

Any person aggrieved by any decision of the city manager may appeal to the city council pursuant to Sections 2.04.100 through 2.04.130 of this code.

(Ord. 583 § 1, 2020; Ord. 524 § 5, 2015)