Mission Viejo Municipal Code Ch. 2.08 City Manager

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State Law reference— City manager form of government, Government Code § 34851 et seq.

The office of the city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of administrative and executive ability and qualifications. The city manager shall hold office for and during the pleasure of the city council.

(Code 1988, § 2.08.010)

No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such councilmember has ceased to be a member of the city council.

(Code 1988, § 2.08.020)

The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the council shall designate.

(Code 1988, § 2.08.030)

The city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties, including those incurred when traveling on business pertaining to the city.

(Code 1988, § 2.08.040)

The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. If there is no assistant city manager to so act, the city manager, by letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. The city council may appoint an acting city manager.

(Code 1988, § 2.08.050)

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. The city manager shall be responsible for the efficient administration of all affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, he shall be expected to, and shall have the power to:

(1) Enforce all laws and ordinances of the city and see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.

(2) Appoint, remove, promote and demote any and all officers and employees of the city except elected officers and the city attorney, subject to all applicable personnel rules and regulations which may be adopted by the city council.

(3) Control, order and give directions to all department heads who are subject to his appointment and removal authority, and to subordinate officers and employees of the city under his jurisdiction through their department heads.

(4) Conduct studies and effect such organization and reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

(5) Recommend to the city council for adoption such measures and ordinances as he deems necessary.

(6) Attend all meetings of the city council unless excused therefrom by the mayor individually or the city council as a whole, except when his removal is under consideration.

(7) Prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.

(8) Keep the city council at all times fully advised as to the financial condition and needs of the city.

(9) Make investigations into the affairs of the city and any department or division thereof and any contract or other obligation of the city; and further 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.

(10) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the city.

(11) Have the same authority as the mayor, as conveniences to the parties may dictate, to sign documents specified in Government Code § 40602 whenever such documents have been approved by the city council for execution by resolution, motion, minute order or other appropriate action.

(12) Perform such other responsibilities and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the city council.

(13) Enter into agreements on behalf of the city where the not-to-exceed amount of the agreement conforms to the amounts established by resolution of the city council; provided there exists an unencumbered appropriation of the amount of the agreement in the fund account against which such expense is to be charged.

(Code 1988, § 2.08.060; Ord. No. 07-256, § 1, 8-20-07; Ord. No. 17-324, § 8, 9-12-17)

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. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall provide all information reasonably requested by any councilmember. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilmember shall give any orders or instructions to the city manager. The city council shall instruct the city manager in matters of policy. Any action, determination or omission of the city manager shall be subject to review by the city council. The city council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three members of the city council.

(Code 1988, § 2.08.070)

It shall be the duty of all subordinate officers, the city attorney and the city clerk to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

(Code 1988, § 2.08.080)

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

(Code 1988, § 2.08.090)

The removal of the city manager shall be effected only by a majority vote of the whole council as then constituted, convened in a regular council meeting.

(Code 1988, § 2.08.100)

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 provisions of this chapter.

(Code 1988, § 2.08.110)