Manteca 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 and shall hold office for and during the pleasure of the city council.

(Prior code § 2-40)

Residence in the city at the time of appointment of a city manager shall not be required as a condition of appointment, but the city manager shall within six months of appointment reside within forty miles of the city administrative offices.

(Prior code § 2-41; Ord. 1426 § 1, 2008; Ord. 1498 § I, 2011; Ord. 2021-13 § 1)

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 council member shall have ceased to be member of the city council.

(Prior code § 2-42)

The city manager shall furnish a corporate surety bond 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 prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.

(Prior code § 2-43)

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 of the absence or disability of the city manager and his or her failure to appoint a manager pro tempore, 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 such 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 2.08.040.

(Prior code § 2-44)

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 and such compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate.

B. 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 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 § 2-45)

The city manager shall be the administrative head of the government of the city under the direction and control of the council except as otherwise provided in this title. 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 powers set forth in the following subsections:

A. It shall be the duty of the city manager and he or she shall have the power to see that all laws and ordinances of the city are duly enforced and that all franchises, permits and privileges granted by the city are faithfully observed.

B. It shall be the duty of the city manager and he or she shall have the power to control, order and give directions to all heads of departments and to subordinate officers and employees of the city through their department head; transfer employees from one department to another and to consolidate or combine offices, positions, departments or units under his or her direction.

C. It shall be the duty of the city manager and he or she shall have the power to appoint, remove and demote any and all officers and employees of the city, except the city attorney. The city manager shall also have the power to appoint an assistant city manager subject to the approval of the city council.

D. It shall be the duty of the city manager and he or she shall have the power to exercise control over all departments of government of the city and over all appointive officers and employees thereof.

E. It shall be the duty of the city manager and he or she shall have the power to attend all the meetings of the council unless excused therefrom by such council.

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

G. It shall be the duty of the city manager and he or she shall have the power to keep the council at all times fully advised as to the financial conditions and needs of the city.

H. It shall be the duty of the city manager and he or she shall have the power to prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval.

I. It shall be the duty of the city manager and he or she shall have the power to purchase all supplies for all of the departments or divisions of the city. No expenditure shall be submitted or recommended to the council except on report or approval of the city manager.

J. It shall be the duty of the city manager and he or she shall have the power to make investigations into the affairs of the city and any department or division thereof and any contract for the proper performance of any obligations running to the city.

K. It shall be the duty of the city manager and he or she shall have the power 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 franchises, permits and privileges granted by the city are faithfully performed and observed.

L. It shall be the duty of the city manager and he or she shall have the power to exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the council.

M. It shall be the duty of the city manager to devote full time to the duties of his or her office in the interests of the city. Duties as city clerk or any other duties delegated or approved by the city council shall not be applicable to this section.

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

O. The city manager may attend any and all meetings of the planning commission, recreation commission and any other commissions or boards heretofore or hereafter created by the council, upon his or her own volition or upon direction of the council. At any such meetings at which the city manager attends, he or she shall be heard by such commissions or boards as to all matters upon which he or she wishes to address them.

P. The city manager shall appoint the city clerk. The city clerk shall hold office during the pleasure of the city manager. The city clerk appointed by the city manager is not required to be a resident or an elector of the city. This action is taken pursuant to authority granted to the city council under Government Code Section 36510.

(Prior code § 2-46; Ord. 1125 § 1, 2000; Ord. O2023-22 § 1)

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 or her orders and instructions from the city council only when sitting in a duly held meeting of the city council and no individual councilmember shall give any order or instructions to the city manager.

(Prior code § 2-47)

It shall be the duty of all subordinate officers, the city clerk, 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.

(Prior code § 2-48; Ord. O2023-22 § 1)

The removal of the city manager shall be only upon a three-fifths vote of the whole council in regular council meetings, subject, however, to the provisions of the next succeeding sections. In case of his or her intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him or her and the reason therefor, at least thirty days before the effective date of his or her removal.

(Prior code § 2-49)

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

(Prior code § 2-50)

After furnishing the city manager with written notice of intended removal, the city council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by resolution of the council passed subsequent to the aforesaid hearing.

(Prior code § 2-51)

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 such city council his or her grounds of opposition to his or her removal prior to its action.

(Prior code § 2-52)

Notwithstanding the provisions enumerated in Sections 2.08.100 through 2.08.130, the city manager shall not be removed from office during or within a period of ninety days next succeeding 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 allow any newly 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. After the expiration of such ninety-day period aforementioned, the provisions of the preceding section as to the removal of the city manager shall apply and be effective.

(Prior code § 2-53)