Chapter 2.12 — CITY MANAGER

The office of city manager is established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications.

(Prior code § 2-20)

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 has ceased to be a member of the council.

(Prior code § 2-21)

During the absence or disability of the city manager, the council may designate some properly qualified person to perform the duties of the office of city manager.

(Prior code § 2-22)

The city manager shall furnish a surety company bond to be approved by the council in such sum as may be determined by the city council.

(Prior code § 2-23)

The council shall appoint the city manager for an indefinite term and may remove him by a majority vote of its members. At least thirty days before such removal shall become effective, the council shall by a majority vote of its members adopt a preliminary resolution stating the reason for his removal. The manager may reply in writing within ten days after receipt of notice of such preliminary resolution, and may request a public hearing which shall be held not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if one is requested, and after full consideration, the council by a majority vote of its members may adopt a final resolution of removal. By the preliminary resolution the council may suspend the manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his monthly salary shall continue to be paid following adoption of the preliminary resolution until he is reinstated or removed. In event of removal, the city council shall appoint a new city manager within a reasonable time thereafter and must exercise due diligence in naming a successor.

(Prior code § 2-24)

The city manager shall be the administrative head of the city government under the direction and control of the council, except as otherwise provided by this code or other ordinance of the city. He shall be

responsible to the city council for the efficient administration of all the affairs of the city which are under his control. In addition to the city manager's general powers as administrative head, and not as a limitation thereon, it is his duty and he shall have power:

A.

Enforcement of Laws: To see that all laws and ordinances are duly enforced;

B.

Appointment, Removal, Etc., of Certain Officers: To employ, discipline or remove all heads of departments and all subordinate officers and employees of the city; to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his jurisdiction. Nothing contained in this subsection shall apply, however, to the city attorney, city clerk or city treasurer, each of whom shall be appointed and removed by the city council;

C.

Control Over Departments and Appointive Officers: To exercise control over all departments and divisions of the city government and over all appointive officers and employees thereof except as provided in this section;

D.

Attendance at Council Meetings: To attend all meetings of the council and its committees unless excused therefrom by the council or by the committee and except when his removal is under consideration by the council;

E.

Recommend Ordinances: To recommend to the council for adoption such measures and ordinances as he deems necessary or expedient;

F.

Advice as to Finances: To keep the city council at all times advised as to the financial conditions and needs of the city, and at least quarterly shall submit a financial report;

G.

Preparation of Budget: To prepare the budget annually and submit it to the council and be responsible for its administration after adoption;

H.

Annual Report: To prepare and submit to the council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year;

I.

Salary Plan: To prepare and recommend to the city council a salary plan;

J.

Purchasing: To purchase all supplies for all of the departments or divisions thereof, and no expenditure shall be submitted or recommended to the city council except upon report or approval of the city manager;

K.

Investigation of City Affairs: To make investigations into the affairs of the city or any department or division thereof or any contract, or the proper performance of any obligation running to the city;

L.

Investigation of Complaints: To investigate all complaints in relation to all 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;

M.

Supervision of Public Buildings, Parks, Etc.: 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;

N.

Organizational Chart: To prepare and submit to the city council an organization chart showing the organization plan for all departments of the city government;

O.

Issue Licenses and Permits: To issue on behalf of the council all licenses and permits not otherwise provided for by ordinance;

P.

Public Works Construction: To superintend the construction of all public work done by the city;

Q.

Devotion of Entire Time to Duties: To devote his entire time to the duties and interest of the city;

R.

Delegated Duties: To perform such other duties and exercise such other powers as may be delegated by ordinance or motion of the city council;

S.

Political Activity: The city manager shall not participate in any city political activities or politics;

T.

Contracts: To execute on behalf of the city, without city council approval, contracts, as defined in Lodi Municipal Code 3.20.015, in the amount of sixty thousand dollars or less, and to delegate authority to subordinate officers and employees to execute contracts without city council or city manager approval contracts in the amount of thirty thousand dollars or less to all directors or designees. Nothing in this section shall allow departure from the other purchasing requirements of Chapter 3.20 of this Code. For contracts of not less than thirty thousand dollars nor greater than sixty thousand dollars, the city manager shall quarterly prepare for the city council a report which includes a list of the contracts into which the city has entered during the previous three months. No contract shall be split into smaller segments to avoid the provisions of this subsection. (Government Code § 4526, Public Contract Code § 10359).

Utility Inventory Purchases. City manager shall have authority to purchase and/or contract for Lodi Electric Utility Department and Public Works Department inventory items up to a maximum amount of two hundred fifty thousand dollars per transaction to address supply chain challenges. The city manager shall quarterly prepare for the city council a report which includes a list of the purchases and/or contracts in excess of thirty thousand dollars into which the city has entered during the previous three months. The purchasing system set forth in Chapter 3.20 of this Code is suspended as it relates to the purchase of utility inventory items under this subsection.

(Ord. 1763 § 1, 2005; Ord. 1506 § 1, 1991; prior code § 2-25)

(Ord. No. 1849, § 1, 9-7-2011; Ord. No. 1986, § 1, 10-20-2021; Ord. No. 1998, § 1, 4-20-2022; Ord. No. 2018, § 1, 10-18-2023)

Except for the purpose of inquiry, the city council and its members shall deal with the administrative services solely through the city manager, and neither the city council nor any member thereof shall give orders to any of the subordinates of the city manager.

(Prior code § 2-26)

The city manager shall receive such salary as the city council shall from time to time determine and fix by resolution or motion.

(Prior code § 2-27)

No claim or demand shall be audited or allowed by the council which is not approved by the city manager.

(Prior code § 2-28)

Neither the council nor any of its members shall demand the appointment of any person to, or exercise their influence in the appointment of any person, or his removal from office by the city manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administration service of the city other than by suggestions to the city manager. The council nor any member thereof shall not give orders to any subordinates of the city manager either publicly or privately.

(Prior code § 2-29)

A.

There is retained to the city council the sole power of being the policy making and legislative body for the city, and the duties and powers of the city manager are expressly confined to the administration service of the city.

B.

The city manager shall have no power to administer the affairs of the city library nor shall he have any control or direction over the board of trustees or the library. However, the city manager shall exercise direction over the library director's employment practices.

(Prior code § 2-30)

(Ord. No. 1955, § 1, 8-1-2018)

A.

The city manager may, upon recommendation of the city purchasing officer, authorize the sale of surplus personal property having a value of five thousand dollars or less, which is no longer required for city use. Within thirty days following the sale of any surplus city property under this section, the city manager shall notify the city council in writing of such sale.

B.

Prior to sale of property under this section, the city manager shall notify all departments of its availability for city use.

C.

The following procedures shall be used to dispose of surplus city property under this section:

The property to be sold shall be advertised by publication at least one time in a newspaper of general circulation, in a magazine or periodical generally distributed to municipalities, or via online public auction, and blind or sealed bids solicited. The manner of advertising and processing of bids shall be consistent with practices employed for other city transactions requiring bids.

If the procedures specified in subsection 1 of this section produce no bids, or bids of less than a reasonable sale price, all bids may be rejected by the city manager, and offers in any form may be solicited and accepted without further competitive procedures.

If no satisfactory bids or offers are received under subsections 1 or 2 of this section, such surplus property may be sold by auction or delivered to a broker for consignment sale.

Surplus property having a total value of less than one thousand dollars, as determined by the city purchasing officer, may be sold without compliance with the advertising and sealed bid requirements of subsection 1 of this section.

D.

Notwithstanding any other provisions in this chapter, the chief of police may authorize a peace officer (as defined in Penal Code Section 830) to purchase his or her city-issued duty handgun, if such peace officer has been honorably retired through a service retirement or from a job-incurred disability not related to a mental or emotional disorder, and has been granted the legal right to carry a concealed firearm pursuant to Penal Code Section 25450. The retired peace officer will pay the city an amount equal to the city's cost to acquire a new city-issued handgun, plus any handling and transfer costs, as determined by the Lodi Police Department. The purchase of a city-issued handgun from the city will be made pursuant to policies approved by the city manager and chief of police, which shall include, without limitation, a waiver and release of liability of the city of Lodi, its employees, elected and appointed officials, officers, and volunteers as to all matters concerning the sale of the city-issued handgun under this provision.

(Ord. No. 1959, § 1, 10-17-2018; Ord. 1474 § 1, 1990)