Los Banos Municipal Code Art. 1 City Manager

The office of City Manager is hereby established.

(§ 1, Ord. 254)

The City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office during the pleasure of the City Council.

(§ 1, Ord. 254, as amended by § 1, Ord. 1110, eff. July 5, 2013)

No person elected or appointed as a Council Member of the City shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such Council Member shall have ceased to be a member of the City Council.

(§ 3, Ord. 254, as amended by § 2, Ord. 1110, eff. July 5, 2013)

Residency in the City shall not be required as a condition of the appointment to the office of City Manager.

(§ 2, Ord. 254, as amended by § 3, Ord. 1110, eff. July 5, 2013)

The City Manager shall furnish a public official surety bond which shall be approved by the City Council in a reasonable amount fixed by the City Council. Such bond shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as set forth in this article. Any premium for such bond shall be a proper charge against the City.

(§ 4, Ord. 254, as amended by § 4, Ord. 1110, eff. July 5, 2013)

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 Acting City Manager during any temporary absence or disability of the City Manager. In the event of the absence or disability of the City Manager and his or her failure to so appoint an Acting City Manager, 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 public official surety bond, conditioned upon the faithful performance of the duties required to be performed, as set forth in Section 2-3.105 of this article.

(§ 5, Ord. 254, as amended by § 2, Ord. 564, eff. April 20, 1977, and § 5, Ord. 1110, eff. July 5, 2013)

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 such 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 or her in the performance of his or her duties or incurred when traveling on business pertaining to the City under the 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 Mayor for approval.

(§ 6, Ord. 254, as amended by § 6, Ord. 1110, eff. July 5, 2013)

The City Manager shall devote his or her entire time to the duties of his or her office in the interests of the City.

(§ 20, Ord. 254, as amended by § 7, Ord. 1110, eff. July 5, 2013)

The City Manager may attend any or all meetings of any commission, board, or committee created by the City Council, either 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 commission, board, or committee 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 shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the City Council.

(§ 24, Ord. 254, as amended by § 1, Ord. 482, eff. November 2, 1973, and § 8, Ord. 1110, eff. July 5, 2013)

The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purposes 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 his or her orders and instructions from the City Council only when sitting in a duly held meeting of the City Council. No individual Council Member shall give orders or instructions to the City Manager.

(§ 22, Ord. 254, as amended by § 9, Ord. 1110, eff. July 5, 2013)

It shall be the duty of all subordinate officers and the City Clerk, City Treasurer, and City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously insofar as may be consistent with their duties as prescribed by the laws of the City.

(§ 23, Ord. 254)

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 article. He or she shall be responsible for the efficient administration of all the 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, it shall be his or her duty and he or she shall have the specific powers and duties set forth in this article and in other portions of this Code.

(§ 7, Ord. 254, as amended by § 10, Ord. 1110, eff. July 5, 2013)

It shall be the duty of the City Manager to enforce all the laws of the City.

(§ 8, Ord. 254)

It shall be the duty of the City Manager and he or she 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 or her jurisdiction through their department heads.

(§ 9, Ord. 254, as amended by § 11, Ord. 1110, eff. July 5, 2013)

It shall be the duty of the City Manager to appoint, remove, promote, and demote any and all officers and employees of the City, except the City Clerk, City Attorney, and City Treasurer.

(§ 10, Ord. 254)

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 or her direction as may be indicated in the interests of the efficient, effective, and economical conduct of the City's business.

(§ 11, Ord. 254, as amended by § 12, Ord. 1110, eff. July 5, 2013)

It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as he or she deems necessary or expedient.

(§ 12, Ord. 254, as amended by § 13, Ord. 1110, eff. July 5, 2013)

It shall be the duty of the City Manager to attend all meetings of the City Council, unless excused therefrom, except when his or her removal is under consideration.

(§ 13, Ord. 254, as amended by § 14, Ord. 1110, eff. July 5, 2013)

It shall be the duty of the City Manager to keep the City Council fully advised at all times as to the financial conditions and needs of the City.

(§ 14, Ord. 254, as amended by § 15, Ord. 1110, eff. July 5, 2013)

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.

(§ 15, Ord. 254, as amended by § 16, Ord. 1110, eff. July 5, 2013)

The City Manager shall be responsible for the purchase of all supplies for all the departments of the City. No expenditures shall be submitted or recommended to the City Council except on the report and approval of the City Manager.

(§ 16, Ord. 254, as amended by § 17, Ord. 1110, eff. July 5, 2013)

It shall be the duty of the City Manager to make investigations into the affairs of the City, and any department thereof, and to investigate any contract or the proper performance of any obligation of the City and all complaints relating to matters concerning the administration of the City government and service maintained by public utilities in the City.

(§§ 17 and 18, Ord. 254)

It shall be the duty of the City Manager to ascertain that all franchises, contracts, permits, and privileges granted by the City are faithfully performed and observed.

(§§ 8 and 18, Ord. 254)

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 is under the control and jurisdiction of the City Council.

(§ 19, Ord. 254, as amended by § 18, Ord. 1110, eff. July 5, 2013)

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 or her from time to time by ordinance, resolution, or other action of the City Council.

(§ 21, Ord. 254, as amended by § 19, Ord. 1110, eff. July 5, 2013)

(a) The removal or temporary suspension of the City Manager shall be only upon an affirmative vote of three or more members of the City Council in a regular or special City Council meeting, at the sole discretion of the City Council, with or without cause and without right of appeal.

(b) The removal or temporary suspension of the City Manager shall be subject to all applicable laws and ordinances and applicable provisions of the City Manager Employment Agreement.

(§ 25, Ord. 254, as amended by § 20, Ord. 1110, eff. July 5, 2013, and §§ 1, 2, Ord. 1202, eff. May 19, 2023; Ord. 1206, 2/19/2025, eff. 3/21/2025)

Notwithstanding the provisions of Section 2-3.126 of this article, the City Manager shall not be removed from office, other than for gross misconduct, during or within a period of 90 days next succeeding the appointment of a new Council Member or 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 permit any newly-appointed or elected member of the 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.

(§ 22, Ord. 1110, eff. July 5, 2013)

Nothing in this article 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 this article.

(§ 23, Ord. 1110, eff. July 5, 2013)