Larkspur Municipal Code Ch. 2.20 City MANAGER1

Sections:

2.20.010 Office of the City Manager Created. 2.20.020 Administrative Powers and Duties. 2.20.030 Law Enforcement. 2.20.040 Recommendations to Council on Ordinances and Actions. 2.20.050 Investigation of City Affairs. 2.20.060 Supervision of Public Buildings and Property. 2.20.070 Representation of City to Other Governmental Units. 2.20.080 Representation of City to Press. 2.20.090 Recommendations for Community Development Plans. 2.20.100 Attendance at Meetings. 2.20.110 Plan of Organization of City Government. 2.20.120 Departmental Cooperation. 2.20.130 Authority Over Employees. 2.20.140 Power of Appointment. 2.20.150 Financial Reports. 2.20.160 Preparation and Submission of Annual Budget. 2.20.170 Purchasing Agent. 2.20.180 Internal Controls. 2.20.190 Financial Transactions. 2.20.200 Authorized Disbursements. 2.20.210 Compensation. 2.20.220 Appointment of City Manager. 2.20.230 Eligibility to Appointment as City Manager. 2.20.240 Reserved. 2.20.260 Hours of Employment. 2.20.270 Additional Duties. 2.20.280 Manager’s Relations with City Council. 2.20.290 Removal of City Manager. 2.20.300 Limitation on Removal. 2.20.310 Suspension Prior to Removal. 2.20.320 Removal of Manager by Discretion of Council. 2.20.330 Resignation. 2.20.340 Procedure for Filling Vacancy. 2.20.350 Temporary Manager. 2.20.360 Office of Director of Finance Established. 2.20.370 Director of Finance – Powers and Duties. 2.20.380 Director of Finance and City Clerk – Bond. 2.20.390 Director of Finance – City Manager to Serve or Appoint.

1 City Manager, generally – See Government Code §§ 34851 – 34859.

Pursuant to the direction of the electors of the City of Larkspur given in an advisory election held upon the tenth day of April, 1956, in conjunction with the general municipal election of the same date, and pursuant to the provisions of Government Code Section 34851 Subdivision (a), a City Manager form of government was established for the City of Larkspur by Ordinance 233 effective on the first day of August, 1956. (Ord. 1030 § 2(2), 2018; Ord. 321 § 1, 1965)

The City Manager is the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided herein. They are responsible for the efficient administration of all the affairs of the City which are under their control. They may delegate to members of their organization such portions of their responsibilities and authority for accomplishment as they may think best, except that they may not delegate or relinquish their overall responsibility and accountability for results. In addition to their general powers as administrative head, and not as a limitation thereon, they shall have the authority and duties set forth in Larkspur Municipal Code Sections 2.20.030 through 2.20.200. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 2 (part), 1965)

It is the duty of the City Manager to enforce all laws and ordinances of the City and see that all franchises, permits and privileges granted by the City are faithfully observed. (Ord. 1030 § 2(2), 2018; Ord. 321 § 2A(1), 1965)

It is the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as they deem necessary or expedient. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 2A(2), 1965)

It is the duty of the City Manager to make investigations into the affairs of the City or any department or division thereof and any contract for the proper performance of any obligation running to the City. They shall investigate all complaints lodged with or referred to them concerning the administration of the City government and its services, taking appropriate action or recommending action beyond their authority to the City Council. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 2A(3), 1965)

It is 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. (Ord. 1030 § 2(2), 2018; Ord. 321 § 2A(4), 1965)

It is the duty of the City Manager to represent the City in its negotiations and working relationship with the state, the county and other governmental jurisdictions, and to meet with private citizens, business representatives, and organizations seeking information or making suggestions or complaints and resolving any such matters to the best advantage of all parties concerned subject to final action by the City Council on all matters of policy. (Ord. 1030 § 2(2), 2018; Ord. 321 § 2A(5) (part), 1965)

The City Manager may meet with representatives of the press and radio, prepare and issue news releases and other informative materials for publication. (Ord. 1030 § 2(2), 2018; Ord. 321 § 2A(5) (part), 1965)

It is the duty of the City Manager to develop and recommend long range plans for civic development and improvement and to direct the implementation of such plans as may be adopted, recommending to the City Council or Planning Commission such revisions as may from time to time appear to be necessary. (Ord. 1030 § 2(2), 2018; Ord. 321 § 2A(6) (part), 1965)

The City Manager shall attend all meetings of the City Council unless excused therefrom by the Council. They may attend any and all meetings of the Planning Commission, Park and Recreation Commission, and any other commissions, boards or committees created by the City Council upon their own volition, or upon direction of the City Council. At such meetings which the City Manager attends they shall be heard by such commissions, boards or committees as to all matters upon which they wish to address the members thereof, and they shall inform said members as to the status of any matter being considered by the City Council. They shall cooperate to the fullest extent with the members of all such commissions, boards or committees. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 2A(7), 1965)

It is the duty of the City Manager to maintain a plan of organization designed to meet the requirement of City government as it may appear from time to time and they shall recommend to the City Council such reorganization of offices, positions, departments or units under their direction as may be indicated in the interest of efficient, effective and economical conduct of the City’s business. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 2B(1), 1965)

It is the duty of all subordinate officers and the 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. (Ord. 1030 § 2(2), 2018; Ord. 481 § 1, 1973; Ord. 321 § 2B(2), 1965)

It is the duty of the City Manager and they 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 their jurisdiction through their department heads. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 2B(3), 1965)

It is the duty of the City Manager to appoint, remove, promote and demote, subject to the rules and regulations of the City personnel code, any and all officers and employees of the City except the City Attorney. (Ord. 1030 § 2(2), 2018; Ord. 481 § 2, 1973; Ord. 321 § 2B(4), 1965)

It is 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. (Ord. 1030 § 2(2), 2018; Ord. 321 § 2C(1), 1965)

It is the duty of the City Manager to prepare and submit the proposed annual budget and proposed annual salary plan to the City Council for its approval. (Ord. 1030 § 2(2), 2018; Ord. 321 § 2C(2), 1965)

A. It is the duty of the City Manager and they shall be responsible for the purchase and the acquisition of all property, equipment, services, materials and supplies for the City and for all departments and divisions thereof and they may execute contracts therefor; provided, the purchase or acquisition has been approved by the City Council or is included in a budget which has been approved by the City Council.

B. No expenditure shall be submitted or recommended to the City Council except on report or approval of the City Manager. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 2C(3), 1965)

It is the duty of the City Manager to establish and administer effective internal controls to safeguard City assets against loss through dishonesty or negligence. (Ord. 1030 § 2(2), 2018; Ord. 321 § 2C(4), 1965)

The City Manager has the authority to:

A. Authorize the sale of material and equipment which is determined to be surplus to the needs of the City where the value of such does not exceed twenty-five thousand dollars ($25,000.00).

B. Authorize the City Manager to collect, settle, compromise, release or dismiss any claim of the City of Larkspur, provided its disposition is not otherwise directed by the City Council or by statute, ordinance, resolution, insurance policy or agreement, subject to certain conditions:

1. The amount shall not exceed fifty thousand dollars ($50,000.00) per claim, provided if the claim is in litigation, the concurrence of the City Attorney or other legal counsel retained by the City of Larkspur representing the City of Larkspur or its officers or employees is obtained; and

2. The City Manager shall recommend settlement or rejection of claims beyond their authority to the City Council.

C. Approve for payment expense reports of all City officials and employees not in excess of one hundred dollars ($100.00) when they find the same to be in order; those in excess of one hundred dollars ($100.00) shall require approval of the City Council. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 861; Ord. 851 § 1, 1993; Ord. 604 § 1, 1978; Ord. 321 § 2C(5), 1965)

The City Manager may incur obligations, within the limits provided herein, but actual disbursement of City funds shall be by warrant approved by the City Council. (Ord. 1030 § 2(2), 2018; Ord. 321 § 2C(6), 1965)

A. The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine and fix by resolution. In the event that the City Manager is delegated other or additional duties, they shall receive a single compensation as provided by this section, and unless the City Council specifically provides for additional compensation for additional duties, no ordinance, resolution or other Council action defining or providing for additional duties shall be construed to provide or allow any additional compensation.

B. The City Manager shall be reimbursed for reasonable expenses performed as part of their official duties subject to a policy adopted by the City Council or established administratively with expenses submitted to the Finance Director. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 3, 1965)

The City Manager shall be appointed by the City Council wholly on the basis of their administrative and executive ability and qualifications and shall hold office for and during the pleasure of the City Council. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 4A, 1965)

No person elected as a Councilmember of the City, shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such Councilmember ceases to be a member of the City Council. (Ord. 1030 § 2(2), 2018; Ord. 321 § 4B, 1965)

Editor’s Note: Former Section 2.20.240, Residency Requirement, previously codified herein and containing portions of Ordinance No. 321, was repealed in its entirety by Ordinance No. 861.

The City Manager is expected to engage in those hours of work that are necessary to fulfill the obligations of the position. (Ord. 1030 § 2(2), 2018; Ord. 321 § 4E, 1965)

It is the duty of the City Manager to perform such duties and exercise such other powers as may be delegated to them from time to time by ordinance, resolution, or other action of the City Council. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 4F, 1965)

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 subordinate of the City Manager. The City Manager shall take their orders and instructions from the City Council. No individual Councilmember shall give any orders or instructions to the City Manager, except the Mayor or Vice Mayor in the case of emergency. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 4G, 1965)

The removal of the City Manager shall be by resolution of the City Council carried by the affirmative vote of not less than three (3) members of the Council, subject, however, to the following provisions of Larkspur Municipal Code Sections 2.20.300 through 2.20.350. In the case of their intended removal by the City Council, the City Manager shall be furnished with written notice stating the City Council’s intention and the reason therefor, at least thirty (30) days before the effective date of their removal. The City Manager may request, and if so requested, the City Council shall grant the City Manager a hearing on the matter before the expiration of the thirty-day period. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 5A, 1965)

Notwithstanding the provisions of Larkspur Municipal Code Section 2.20.290, the City Council shall not take any action toward the removal of the City Manager from office during or within a period of ninety (90) days next succeeding any municipal election held in the City at which a member of the City Council is elected. The purpose of this 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 duties of their office. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 5B, 1965)

After furnishing the City Manager with written notice of intended removal, the City Council may suspend them from duty, but their compensation shall continue until their removal. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 5C, 1965)

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. (Ord. 1030 § 2(2), 2018; Ord. 321 § 5D, 1965)

Should the City Manager resign they shall give the City Council written notice of their intention at least thirty (30) days prior to the effective date of such resignation. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 5E, 1965)

Upon finding the office of the City Manager vacant, or to be vacant, the City Council may advertise for applicants for the position for at least thirty (30) days. All applications for the position shall be screened by a committee appointed by the City Council and not less than the top five (5) applicants recommended by the committee shall be interviewed by the City Council sitting in executive session. The successful applicant shall be appointed by resolution of the City Council, carried by the affirmative vote of not less than three (3) members of the City Council. (Ord. 1030 § 2(2), 2018; Ord. 475 § 1; Ord. 321 § 5F, 1965)

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 tempore during any temporary absence or disability of the City Manager. In case the City Manager fails to so appoint a manager pro tempore, or in the case of their removal or resignation, the City Council may designate some qualified City employee or other person as manager pro tempore to perform the duties of the City Manager. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 321 § 5, 1965)

Under the provisions of Government Code Section 40805.5, the position of Director of Finance is established. The Director of Finance shall serve simultaneously as the City Treasurer. (Ord. 1030 § 2(2), 2018; Ord. 296 § 1, 1963)

The Director of Finance shall have all the powers, duties and responsibilities with respect to finance previously imposed upon the City Clerk by state law or City ordinance, including, but not limited to, those in Government Code Title 4, Division 3, Part 2, Chapter 4, and Part 3, Chapter 2. (Ord. 1030 § 2(2), 2018; Ord. 296 § 2, 1963)

The Director of Finance and the City Clerk shall execute a bond as required by Government Code Section 36518. The City shall reimburse the Director of Finance and the City Clerk for the cost of the bond. (Ord. 1030 § 2(2), 2018; Ord. 296 § 3, 1963)

The City Manager shall serve as Director of Finance, in addition to their other functions. However, the City Manager is hereby authorized to delegate their responsibility for this position, subject to confirmation by the City Council, by appointing a Finance Director, or other designee of the City Manager, pursuant to Larkspur Municipal Code Section 2.20.140. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 851 § 2, 1993; Ord. 296 § 4, 1963)