Lancaster 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 his administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the city council.

(Prior code § 2-1.1)

No person elected as a councilman of the city shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after such councilmember shall have ceased to be a member of the city council.

(Prior code § 2-1.2)

An executed corporate surety bond shall be furnished to the city manager 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 imposed upon the city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city.

(Prior code § 2-1.3)

The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city to serve as manager pro tem during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager, and his failure to so appoint a manager pro tem, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager; subject, however, to such person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed, as set forth in Section 2.08.060.

(Prior code § 2-1.4)

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

The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the city council for approval.

(Prior code § 2-1.5)

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. He shall be responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have all the powers set forth in the following subsections:

A. Law Enforcement. It shall be the duty of the city manager 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. Authority Over Employees. It shall be the duty of the city manager, and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads.

C. Power of Appointment, Etc. It shall be the duty of the city manager to appoint, remove, promote and demote any and all officers and department heads of the city except the city treasurer and the city attorney, who shall be appointed directly by the council. The city manager shall appoint, remove, promote and demote any and all city employees except as aforesaid, subject to such personnel policies and procedures as may be adopted by the city council. Not less than three business days prior to the effective date of any appointment made by the city manager with respect to department heads and other positions designated by the city council by resolution, the city manager shall provide written notice of such appointment to each member of the city council.

D. Reorganization of Offices, Etc. It shall be the duty and responsibility of the city manager to recommend to the city council such reorganization of offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

E. Ordinances. It shall be the duty of the city manager to recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient.

F. Attendance at Council Meetings. It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom, except when his removal is under consideration.

G. Financial Reports. It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial conditions and needs of the city.

H. Budget. It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.

I. Purchasing Agent. It shall be the duty of the city manager and he shall be responsible for the purchase of all supplies for all of the three departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager.

J. Investigations. It shall be the duty of the city manager 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 of the city.

K. Public Utilities—Franchises. It shall be the duty of the city manager 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, and to see that all franchise permits granted by the city are faithfully performed and observed.

L. Public Buildings. It shall be the duty of the city manager to exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council.

M. Hours of Employment. It shall be the duty of the city manager to devote his entire working time to the duties of his office in the interests of the city, except as authorized in personnel resolutions.

N. Additional Duties. It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the city council.

O. Council-Manager Relations. 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. The city manager shall take his orders and instructions from the city council only when sitting in a duly held meeting of the city council, and no individual councilman shall give any orders, or instructions to the city manager. Nothing in this section, however, shall prevent any member of the city council from discussing with the city manager any matter of general public interest or concern relative to the proper operations of the city; of the needs, problems or projects thereof.

P. Departmental Cooperation. It shall be the duty of all subordinate officers and the city treasurer and city attorney 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 and ordinances of the city.

Q. Attendance at Commission Meetings. The city manager may attend any and all meetings of commissions, boards or committees hereafter created by the city council, upon his own volition or upon direction of the city council. At such meetings which the city manager attends, he shall be heard by such commissioners, boards or committees as to all matters upon which he wishes to address the members thereof, and he shall inform the members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

R. Removal of Manager. The removal of the city manager shall be only upon a majority vote of the whole council of the city, seated in regular council meeting; subject, however, to the provisions of this subsection. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him and the reason therefor, at least thirty (30) days before the effective date of his removal.

1. Hearing. Within seven days after the delivery to the city manager of such notice, he 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 time period, at which the city manager shall appear and be heard, with or without counsel.

2. Suspension Pending Hearing. After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the city council passed subsequent to the aforesaid hearing unless written waiver therefor by the city manager has been filed with the city clerk.

3. Discretion of Council. In removing the city manager, 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 grounds of opposition to his removal prior to its action.

4. Limitation on Removal. Notwithstanding the provisions of this section hereinbefore enumerated, the city manager shall not be removed from 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, except for cause when the manager may be asked to vacate his office while his salary continues for the aforestated ninety (90) day period; the purpose of this provision being to allow any newly elected members 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 the ninety (90) day period aforementioned, the provisions of the preceding action as to the removal of the city manager shall apply and be effective, with the exception of the "for cause" provision.

S. Execute Contracts. It is and shall be the duty of the city manager to execute contracts, agreements, deeds, leases and other documents as authorized, delegated and/or instructed by the city council.

T. Promulgation of Regulations. The city manager or his/her designee is authorized to promulgate rules, regulations, policies and procedures to implement the provisions of this code.

(Ord. 683 § 1, 1995; prior code § 2-1.6)

(Ord. No. 998, § 3, 6-24-2014)