Montclair Municipal Code Ch. 2.08 City Manager

The office of City Manager is established and created. The City Manager shall be appointed by the City Council wholly on the basis of his/her administrative and executive abilities and qualifications and shall hold office at the direction of the City Council.

(Ord. 99-791 Exh. A (part); prior code § 2-1.01)

Residence in the City at the time of appointment of a City Manager shall not be required as a condition of such the appointment, but within one year thereafter the City Manager shall become a resident of the City, or the City Council shall declare the office of City Manager to be vacant.

(Ord. 99-791 Exh. A (part); prior code § 2-1.02)

No person elected 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 Council.

(Ord. 99-791 Exh. A (part); prior code § 2-1.03)

The City Manager shall appoint 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 absence or disability of the City Manager and his/her failure to so appoint an Acting City Manager, the City Council may designate a qualified City employee to perform the duties of the City Manager during the period of absence or disability of the City Manager.

(Ord. 99-791 Exh. A (part); prior code § 2-1.04)

The City Manager shall receive such compensation as is called for in an employment agreement between the City Council and the City Manager or by other action of the City Council. Such compensation 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 and paid by him/her in the performance of his/her duties, including those expenses incurred and paid by him/her when traveling on business pertaining to the City. 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 for approval and has been so approved.

(Ord. 99-791 Exh. A (part); prior code § 2-1.05)

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 the business of the City which is under his/her control. In addition to the general powers as administrative head, and not as a limitation thereon, the City Manager shall have the following specific powers and duties:

A. Law Enforcement. It shall be the duty of the City Manager to enforce the provisions of this Code and all laws and ordinances of the City and to see that all franchises, contracts, permits, licenses, and privileges granted by the City Council are faithfully observed.

B. Authority Over Employees. It shall be the duty of the City Manager and he/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/her jurisdiction through their department heads.

C. Appointments. It shall be the duty and responsibility of the City Manager to appoint, remove, promote and demote any officers and employees of the City, except the City Attorney, with the consent of the City Council.

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

E. Ordinances. It shall be the duty of the City Manager to recommend to the City Council adoption of such measures and ordinances as he/she deems necessary.

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

The City Manager or his/her designee shall attend any and all meetings of the commission, boards and committees created by the City Council upon his/her own volition or upon direction of the City Council. At such meetings which the City Manager attends, he/she shall be heard by such commissions, boards and committees as to all matter s upon which he/she wishes to address the members thereof. He/she shall inform the members as to the status of matters being considered by the City Council, and he/she shall cooperate to the fullest extent with the members of all commissions, boards and committees appointed by the City Council.

G. Financial Records. It shall be the duty of the City Manager to keep the City Council fully advised as to the financial conditions and needs of the City.

H. Budget. The City Manager shall supervise development and submission of proposed annual budgets for consideration and adoption of the City Council. The City Manager shall supervise administration of the annual budget.

I. Purchasing. The City Manager shall supervise development and submission of a purchasing manual for consideration and adoption by action of the City Council. The City Manager shall supervise administration of the purchasing manual.

1. It is the duty and responsibility of the City Manager to oversee and approve expenditures for all services, supplies, and capital outlay in compliance with appropriate provisions of the City's Purchasing Manual; provided, however, that revenues necessary for the purchase of all services, supplies, and capital outlay are appropriated by action of the City Council.

2. Notwithstanding any other provisions of this section, the purchase of services, supplies, or capital outlay requiring a contract, sealed bid, or expenditure of revenues not contained in the annual budget shall be approved by action of the City Council. No such expenditure requests shall be submitted for consideration by the City Council except upon approval of the City Manager.

3. The selection process for architectural and engineering consulting services will vary depending upon the anticipated complexity of the project and fee. Projects shall be classified as minor, intermediate, or major. The City shall develop and maintain an Architectural and Engineering Consultant Register listing consultants, their areas of expertise, and locations.

a. Minor Projects. Minor projects are defined as projects where the design fee will not be expected to exceed Fifteen Thousand (15,000) Dollars. A one-step consultant selection process shall be used. Based on the services required staff will select a consultant from the Architectural and Engineering Consultant Register with whom to negotiate a scope of services and fee. Upon successfully negotiating a fee for the required services, a professional services contract approved by the City Attorney shall be prepared. For a minor project the authority to sign on behalf of the City is delegated to the City Manager.

b. Intermediate Projects. Intermediate projects are defined as projects where the design fee is expected to be between Fifteen Thousand (15,000) Dollars and Seventy-five Thousand (75,000) Dollars. Unless otherwise authorized by the City Council, a two-step consultant selection process shall be used. Requests for proposals (RFPs) shall be sent to a minimum of three firms selected from the Architectural and Engineering Consultant Register professing expertise for the services required. After reviewing the submitted proposals, the City department requiring the services shall determine the best-qualified consultant and negotiate the required fee. If a fee cannot be successfully negotiated, the department will suspend negotiations with that firm and begin negotiations with the next best qualified firm, and so on, until a fee can be successfully negotiated. After negotiating the fee, the department shall prepare a professional services contract in a form acceptable to the City Attorney, and submit it to the City Council with a recommendation for approval and signature in accordance with Section VI E of the Purchasing Manual.

c. Major Projects. Major projects are defined as projects where the design fee exceeds Seventy-five Thousand (75,000) Dollars. Unless otherwise authorized by the City Council, a three-step consultant selection process shall be used. Requests for qualifications and letters of interest (RFQs/LOIs) shall be sent to all consultants listed in the Architectural and Engineering Consultant Register professing expertise for the services required. After reviewing responses to the RFQs/LOIs, a minimum of three and no more than six consultants shall be selected to receive RFPs. After reviewing the submitted proposals, the City department requiring the services shall determine the best-qualified consultant and negotiate the required fee. If a fee cannot be successfully negotiated, the department will suspend negotiations with that firm and begin negotiations with the next best qualified firm, and so on, until a fee can be successfully negotiated. After negotiating the fee, the department shall prepare a professional services contract in a form acceptable to the City Attorney, and submit it to the City Council with a recommendation for approval and signature in accordance with Section VI E of the Purchasing Manual.

4. The City Manager shall direct the recurring submission of detailed expenditure reports to the City Council for review.

J. Travel, Training and Meetings. The City Manager shall supervise development and submission of a proposed Travel Policy for consideration and approval by action of the City Council or standing committee of the City Council designated to consider and approve personnel actions. The City Manager shall supervise administration of the Travel Policy.

1. It shall be the duty and responsibility of the City Manager to approve all expenditures related to travel, training, conferences, seminars and meetings. The City Manager shall require any employee or agent traveling and/or attending training classes, conferences, seminars and meetings on behalf of the City to submit legitimate and verifiable receipts for expenditures related to such travel, conferences, seminars and meetings.

2. It shall be the duty and responsibility of the City Manager to preapprove all travel by any employee or agent of the City when such travel is outside the State of California.

K. Investigations. It shall be the duty of the City Manager to investigate all complaints on matters related to administration of the City government. Such investigations may relate to any department or division of the City.

L. Public Utilities: Franchises. It shall be the duty of the City Manager to investigate all complaints in regard to the service provided by public utilities in the City and to see that the terms of all such franchises, permits or privileges granted by the City are met.

M. Public Buildings. It shall be the duty of the City Manager to exercise general supervision over all public buildings, public parks, and other public property under the control and jurisdiction of the City Council.

N. Service in Other Capacities. It shall be the duty and responsibility of the City Manager to serve in any appointed office or as the head of any department within the City government to which he or she may be qualified when appointed thereto by the City Council and to hold and perform the duties thereof at the direction of the City Council.

O. Additional Duties. 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/her by ordinance, resolution, or other action of the City Council. Notwithstanding any other provision of this section, the City Manager may delegate responsibility for performance of any duty to a designated subordinate.

(Ord. 00-797 §§ 1, 2; Ord. 99-791 Exh. A (part); prior code § 2-1.06)

The City Manager shall maintain regular office hours consistent with the operating hours of City Hall as established by action of the City Council. During regular office hours, the City Manager shall devote this time to the interests of the City. In addition to regular office hours, the City Manager shall be required, as necessary, to devote time to represent the city at meetings and activities requiring representation of the City Manager. Except as otherwise provided for by action of the City Council, the City Manager shall not be employed or work in any other capacity than interferes with the devotion of time, as specified in this section, to the duties and office of the City Manager.

(Ord. 99-791 Exh. A (part); prior code § 2-1.07)

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 shall Council Members give orders to any subordinates of the City Manager. The City Manager shall take his/her orders and instructions from the Council Members only when sitting in a duly held meeting of the City Council. Council Members shall not give any orders or instructions to the City Manager outside a duly held meeting of the City Council. Nothing contained in this section shall be construed to prevent any Council Member from discussing matters of the City with the City Manager.

(Ord. 99-791 Exh. A (part); prior code § 2-1.08)

A. City Manager Employment Agreement. The removal of the City Manager form office shall be in compliance with the terms of the City Manager's Employment Agreement. Except as otherwise provided in the City Manager Employment Agreement, removal of the City Manager from office shall be subject to the provisions of Section 2.08.100 of this chapter.

B. No City Manager Employment Agreement. In the event that a City Manager Employment Agreement does not exist, or such agreement or its termination clauses are otherwise held invalid by a court of competent jurisdiction, removal of the City Manager from office shall be only upon a majority vote of the entire City Council during a regular City Council meeting, subject to the provisions of Section 2.08.100 of this chapter. In the event of such intended removal by the City Council, the City Manager shall be furnished with a written notice stating the City Council's intention to remove the City Manager and the reason(s) therefor at least 30 days before the effective date of such removal.

(Ord. 99-791 Exh. A (part); prior code § 2-1.11)

A. Within seven days after the delivery to the City Manager of such notice he/she may, by written notification to the City Clerk, request a hearing before the City Council. Thereafter, but before the expiration of the 30-day period, the City Council shall schedule a time for the hearing, which shall be held at the regular meeting place of the City Council, at which the City Manager shall appear and be heard.

B. Suspension Pending Hearing. After furnishing the City Manager with written notice of his/her intended removal, the City Council may suspend him/her from duty, but his compensation shall continue until his removal by the City Council subsequent to the hearing if such hearing is requested.

C. Discretion of Council. In removing the City Manager, the City Council's 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 permit the City Manager to present to the City Council his/her grounds of opposition to his/her removal prior to the effective date of such removal.

D. Limitations. Notwithstanding the provisions of this chapter, the City Manager shall not be removed from office during or within the period of 90 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 permit any newly-elected Member of the Council, or a reorganized City Council, to observe the actions and abilities of the City Manager in the performance of the powers and duties of his/her office. After the expiration of the 90-day period, the provisions of this chapter related to the removal of the City Manager shall apply and be effective.

(Ord. 99-791 Exh. A (part); prior code §§ 2-1.12—2-1.15)