Lindsay Municipal Code § 2.08 City Manager

1. Office of City Manager. The office of city manager is created. The city council by majority vote shall appoint a city manager through the mechanism of an employment agreement.
2. Qualifications. The city manager shall be selected and appointed solely on the basis of executive and administrative qualifications.
3. Requirements. The city manager shall:
4. Serve at the pleasure of the city council;
5. Be the chief executive and administrative officer of the city, all its agencies, authorities and corporations;
6. Be paid such salary, receive such benefits and have such expenses paid by the city on his/her behalf as are commensurate with and necessary to execute the responsibilities of the position and as shall be fixed by the council;
7. Restrictions on Employment Agreement. The city manager employment agreement shall set out the terms and conditions of employment, pay, benefits, goals and objectives, a requirement for periodic and regular performance evaluations, obligations, and termination compensation. The agreement shall be for an indefinite term, and shall be a public record.
8. Reduction of Salary and Benefits. The salary and benefits of the city manager shall not be reduced by the city council at any time unless the salaries and benefits of all city employees are reduced in the same percentage as proposed for the city manager.

(Ord. 473 § 2, 1996)

By letter filed with the city clerk, the city manager shall designate a city department head or employee to exercise the powers and perform the duties of city manager on those occasions the city manager will be absent from the city for longer than forty-eight hours. The city council shall designate an acting city manager in the event of the disability of the city manager or at the request of the city manager.

(Ord. 473 § 3, 1996)

1. Chief Executive Officer. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by ordinance of the Charter.
2. Duties by Ordinance. The duties of the city manager shall be established by ordinance, which duties shall include but not be limited to the duties assigned by the Charter.
3. Charter Duties. The city manager shall:
4. Appoint, remove and discipline all employees of the city pursuant to requirements set out in the Charter and an ordinance establishing a merit system of appointment and employment;
5. Delegate the appointment, removal and discipline of subordinate employees to the department heads to which those employees are assigned, but shall approve, modify or disapprove all recommendations for appointment, removal and disciplinary actions taken against employees by department heads, pursuant to the terms of the Charter and the city personnel ordinance;
6. Direct and supervise the administration of all departments, offices, agencies, authorities, corporations, utilities and enterprises of the city;
7. Attend all city council meetings, both public and closed, at which the city manager shall have the right to take part in discussion but shall have no vote but, absent a directive to the contrary the city manager shall not be entitled to attend any closed session of the council when suspension, dismissal or any disciplinary action against the city manager is discussed;
8. Prepare annually, submit and administer the budget, capital improvement plan and other plans and programs of the city as required by and set out in the Charter or by ordinance;
9. Keep the council informed of the financial condition, current and future needs of the city, and make recommendations to the council concerning the affairs of the city as he/she shall deem necessary or desirable;
10. Provide for enforcement and faithful execution of all laws, regulations and rules of the city, all Charter provisions, all acts of the council, and administration of all contracts to which the city is a party;
11. Submit to the city council and make available to the public for an appropriate fee, a complete report on the finances and administrative activities of the city and of all its agencies, authorities and corporations, utilities and enterprises as of the end of each fiscal year;
12. Make such other reports as the city council may require concerning the needs and operations of all city departments, offices, agencies, authorities, corporations, utilities and enterprises;
13. Provide staff support to the mayor and council members;
14. Coordinate, cooperate with, oversee and supervise the work of the city clerk and city attorney;
15. Engage in no incompatible business, occupation or activity;
16. Receive notice of all meetings of the city council and all city boards, committees, commissions, agencies, authorities, corporations, utilities and enterprises;
17. Be entitled to participate in the deliberations of any city board, committee, commission, agency, authority and corporation, but shall have no vote therein; and
18. Perform such other duties consistent with the Charter as may be required by the city council by ordinance, resolution, minute order or contract.

(Ord. 473 § 3, 1996)

Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provision of the City Charter.

(Ord. 473 § 5, 1996)

During a period of ninety days immediately following the date of installation of any person newly elected to the city council at a regular or special city election, or of any person newly appointed to the city council, the council shall take no action, whether immediate or prospective, to remove, suspend, request the resignation of, or to reduce the duties, salary or benefits of the city manager.

(Ord. 473 § 6 (part), 1973)

The city council shall have the absolute right and authority to remove the city manager, provided it complies with all provisions of the City Charter, this code, and the city manager employment agreement. In removal of the city manager the city council shall use its uncontrolled discretion and its action shall be final, and it shall not depend on any particular showing relative to the city manager.

(Ord. 473 § 6 (part), 1973)

Any action or practice of the city council which is prohibited by the City Charter as it might relate to the performance or duties of the city manager, if conducted by the city council or any individual member thereof, may be deemed to be "removal" should the city manager notify the. city council of his/her decision to construe such action as "removal" from office, and such notice may, in the discretion of the city manager, invoke the ''removal" or "termination" benefits of the city manager employment agreement.

(Ord.473 § 6 (part), 1996)

Added to the duties of the city manager are all of the following:

1. Provide for the transfer of employees between departments and organizational components of the city, provided any organizational structure or budgetary program revision caused by such transfer has been approved by the city council pursuant to this code prior to the making of such transfer.
2. Investigate any matter involving the city or its affairs, and any department, office or agency or organizational component of the city, and any contract, to assure the proper, faithful and legal performance of any obligation running to the city.
3. Investigate all complaints in relation to matters concerning the administration of the city and in regard to the service maintained by public utilities in the city.
4. Enforce the terms of all franchises, permits, and privileges held by any party relative to the city to assure that the terms and conditions of such franchises, permits and privileges are faithfully observed.
5. Exercise general supervision of all public buildings, parks, real and personal property, assets, utilities, streets and other public properties which are under the ownership, control or jurisdiction of the city.
6. Coordinate all activities of the various departments, offices and agencies of the city, and of its boards, committees and commissions so as to improve the efficiency, economy, effectiveness, harmonious relationships, and public service capabilities of the city government and all its components.
7. Carry out and enforce all policies of the city council and all rules, regulations and ordinances adopted by it relating to the administration of the affairs and activities of such departments, divisions, offices, agencies, services, boards, committees, and commissions.
8. Serve as public relations and information officer of the city government and follow through and endeavor to adjust all just complaints filed against and service requests filed with any employee, department, division, office, organizational, component, or agency of the city.
9. Cooperate with all community organizations whose purpose is to serve the welfare and best interests of the city and of its people, businesses and organizations, and to provide such persons, businesses and organizations, within lawful limits, assistance through the city government.
10. Perform such other duties consistent with the City Charter as may be required by the city council from time to time by ordinance, resolution or motion.

(Ord. 473 § 6 (part), 1996)

The powers of the city manager be and are restricted in the following ways:

1. He/she shall engage in no incompatible business, occupation or activities.
2. He/she may not attend any closed session of the city council when dismissal of or other disciplinary actions involving the city manager are discussed.
3. He/she shall devote his/her full time to the duties and interests of the city, provided, however, that limited activities not incompatible with the position of city manager may be permitted by the city manager employment agreement when enumerated therein.
4. He/she shall not act on any subject when ordered to do so by less than a majority of the city council, unless, in the opinion of the city manager, such action would not involve the establishment of a precedent, be incompatible with existing city policies and procedures, or result in the disadvantage of the city, of any individual council member or of the city council as a body.
5. He/she shall abide by the Code of Ethics of the International City Management Association, and deviation therefrom shall be grounds for dismissal or disciplinary action against the city manager by the city council.
6. He/she shall comply with all provisions of the laws of the state of California regarding conflicts of interest, declaration of economic interests, and other matters involving potentially incompatible activities as set out by state law, the City Charter, the municipal code, and applicable ordinances, resolutions. rules and regulations.

(Ord. 473 § 6 (part), 1966)