McFarland Municipal Code Ch. 2.16 City Manager

The office of city manager of the city is created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. This office shall not be subject to, or have the benefits given by, the city personnel ordinance or rules or regulations thereunto applicable.

(Ord. 73 §1, 1963)

The city manager shall appoint, subject to the approval of the city council, one of the other officers or employees of the city to serve as administrator 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 failure to appoint an administrator pro tempore, the city council may designate some qualified city employee to perform the duties of the city manager during the period of disability of the city manager, subject, however, to said person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in this chapter.

(Ord. 73 §4, 1963)

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.

(Ord. 73 §5, 1963)

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 said 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 in the performance of his 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 city council and approved.

(Ord. 73 §6, 1963)

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 chapter. He shall be responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following sections.

(Ord. 73 §7, 1963)

It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully performed.

(Ord. 73 §8, 1963)

It shall be the duty of the city manager, and he shall have the authority to control, order and give directions to all officers and employees of the city other than the city attorney or the city treasurer.

(Ord. 73 §9, 1963)

It shall be the duty of the city manager to, and he shall appoint, remove, promote and demote any and all officers and employees of the city, except the city attorney, subject to the rules and regulations of the city personnel ordinance, insofar as the personnel ordinance does not conflict with the ordinance codified in this chapter, it being the intent and purpose of the city council that in case of any conflict between the ordinance codified in this chapter and the city personnel ordinance and rules and regulations thereunder, that the ordinance codified in this chapter shall prevail.

(Ord. 73 §10, 1963)

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 direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

(Ord. 73 §11, 1963)

It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom, except when his removal is under consideration.

(Ord. 73 §12, 1963)

It shall be 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. 73 §13, 1963)

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.

(Ord. 73 §14, 1963)

It shall be the duty of the city manager to act as city purchasing officer.

(Ord. 73 §15, 1963)

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

(Ord. 73 §16, 1963)

It shall be the duty of the city manager to see that all franchises and permits granted by the city are faithfully performed and observed.

(Ord. 73 §17, 1963)

It shall be the duty of the city manager and he shall 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. 73 §18, 1963)

It shall be the duty of the city manager to devote his entire time to the duties of his office in the interests of the city.

(Ord. 73 §19, 1963)

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 from time to time by ordinance or resolution or other action of the city council. The city manager may hold any other office or position in the city other than an elective office: during the time he holds such other office or position he shall receive as compensation only the compensation payable under the provisions of this chapter to the city manager.

(Ord. 73 §20, 1963)

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

(Ord. 73 §21, 1963)

It shall be the duty of all officers and employees of the city 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. 73 §22, 1963)

The city manager may attend any and all meetings of the planning commission, or any other commission, board or committee hereafter created by the city council or which presently exist, upon his own volition or upon direction of the city council. At such meetings which the city manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof, and he shall inform the members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

(Ord. 73 §23, 1963)

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

(Ord. 73 §24, 1963)

Within three days after the delivery to the city manager of the written notice described in Section 2.16.220, he may by written notification to the mayor, request a hearing before the city council. Thereafter, the city council shall fix a time for hearing which shall be held at the usual meeting place before the effective date of his removal, at which hearing the city manager may appear and be heard, with or without counsel.

(Ord. 73 §25, 1963)

(Ord. No. 002-2010, § 1, 2-11-10)

After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the aforesaid hearing, or in case no hearing is requested then on the effective date of the removal.

(Ord. 73 §26, 1963)

(Ord. No. 002-2010, § 1, 2-11-10)

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 the city council his grounds of opposition to his removal prior to its action.

(Ord. 73 §27, 1963)

(Ord. No. 002-2010, § 1, 2-11-10)

Notwithstanding the provisions of this chapter, 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 or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of the ninety-day period aforementioned, the provisions of this chapter as to the removal of the city manager shall apply and be effective.

(Ord. 73 §29, 1963)

(Ord. No. 002-2010, § 1, 2-11-10)