Montebello Municipal Code Ch. 2.04 City Manager

Footnotes:

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Editor's note— Ord. No. 2367, § 2, adopted May 13, 2015, changed the title of Ch. 2.04 from "City manager" to read as set out herein.

Pursuant to California Government Code Sections 34851(a) and 34852, the city council of the city of Montebello hereby establishes a council - city manager form of government.

(Ord. No. 2422, § 2, 5-13-2020)

The office of the city manager of the city is created and established. The holder of this office shall be appointed by the city council solely on the basis of his/her executive and administrative qualifications, ability and previous governmental experience, and shall hold office at the pleasure of the city council excepting as hereinafter provided in Section 2.04.060.

(Prior code § 2100)

(Ord. No. 2367, § 2, 5-13-2015; Ord. No. 2422, § 2, 5-13-2020)

The appointed city manager, if not a resident of the city at the time of appointment, shall become a resident of the city within ninety days after his appointment.

(Prior code § 2101)

(Ord. No. 2367, § 2, 5-13-2015)

No member of the city council of the city shall be eligible for an appointment as city manager until one year has elapsed after he/she has ceased to be a member of the council.

(Prior code § 2102)

(Ord. No. 2367, § 2, 5-13-2015; Ord. No. 2422, § 2, 5-13-2020)

The city manager shall receive such compensation as the city council shall from time to time determine and fix by resolution or contract.

(Prior code § 2104)

(Ord. No. 2367, § 2, 5-13-2015; Ord. No. 2422, § 2, 5-13-2020)

The city manager shall be the administrative head of city government under the direction and control of the city council. He/she shall be responsible for the efficient administration of all affairs, both administrative and managerial, of the city. In addition to his/her general powers as the administrative and management head, and not as a limitation thereon, it shall be his duty and authority for the following:

A. Supervise and oversee the preparation and submission to the city council of a detailed proposed annual city budget and to offer his/her recommendations as to such increases, decreases, cancellations, transfers or changes in any items included in the proposed budget before adoption of the final budget and its administration after its final adoption, and to keep the city council informed with respect thereto;

B. Prepare and submit to the city council at the end of each fiscal year a comprehensive report of the financial and administrative activities of the city for the preceding year;

C. Advise the city council of the financial condition and future needs of the city;

D. Prepare such general rules and regulations as are necessary or proper for the general conduct of the administrative offices and departments of the city under his express jurisdiction and submit the same to the city council for its approval;

E. Serve as personnel officer of the city, however, in exercising this authority, neither the council nor any of its members shall direct or request the appointment of any person, promotion/demotion/discipline of or removal from employment any department head or employee in the administrative services of the city. In addressing personnel matters of the city, the city council and its members shall inquire or seek information solely through the city manager or his/her designee and neither the city council nor any of its members shall give orders to any subordinates of the city manager, either publicly or privately. Notwithstanding the foregoing, City Councilmembers may make inquiries directly to directors, department heads or employees for information and materials, but may not unilaterally order or instruct department heads or other employees.

F. Be responsible for public relations and the dissemination of information to the citizens of the city.

G. Attend all meetings of the city council and such other boards and commissions as may be designated by the city council and to report upon any matter concerning the affairs of the departments, services or activities under his/her supervision upon which, in his/her judgement, the city council should be informed, or upon which reports are request by a majority of the city council;

H. Be responsible to see that all franchises, permits and privileges granted by the city council are faithfully performed and all due conditions met and observed;

I. Exercise general supervision over all public buildings, public parks and public property under the control and jurisdiction of the city council and not specifically delegated to a particular board or other department head;

J. Devote his/her entire time to the duties of this office and to the interests of the city;

K. Perform such other duties and exercise such other powers as are necessarily incident to the powers contained in this section, or as may be assigned, delegated or required of him from time to time by the action of the city council:

L. Oversee the development and organization of public improvement projects and programs, and to aid and assist the city council and other city departments and offices of the city;

M. To appoint competent, qualified officers, department heads and employees to the administrative service (which term is inclusive of all persons governed by the City's Civil Service/Personnel System as established and defined in Chapter 2.60 "Civil Service System," excepting the City Council, City Clerk and City Attorney), and to dismiss, suspend and/or discipline such officers and employees in accordance with the Chapter 2.60 and the Civil Service Commission process defined therein. To recommend to the city council such reorganization of officers, departments or divisions as may be in the best interests of efficient and economical conduct of the city's business, and affect such reorganization when authorized by ordinance, resolution or other approval of the city council; and to employ such temporary or part-time employees as may be required, in his/her opinion, subject to the Civil Service/Personnel System;

N. To control, order and manage all department heads, subordinate officers and employees of the city;

O. Prepare and recommend to the city council from time to time desirable revisions to the Compensation Plan and the Table of Organization of the city;

P. As agent for the city council, and within the authority established by the Municipal Code and in accordance with the municipal budget adopted by the city council, to exercise the power of approval or rejection of expenditures for all departments, divisions, services and offices of the city government; this shall include the authority to authorize minor deviations from the municipal budget, and transfer funds and appropriations from accounts to accounts, within the same department or office, where the exigencies of the situation or practical needs of the city's operations require such action, but in all such cases the city manager shall report the exercise of such authority established herein to the city council within thirty days or sooner, thereafter;

Q. To prescribe such rules, regulations and policies as he/she deems necessary or expedient for the conduct of administrative services and, within authorized limits of law, policies and/or regulations, to revoke, suspend or amend any rule, regulations or policy established by any department head or other person in the position of providing administrative services for the city;

R. The city manager shall have the power and authority to sign any contract or conveyance as authorized by California Government Code Section 40602.

(Prior code § 2105)

(Ord. No. 2367, § 2, 5-13-2015; Ord. No. 2422, § 2, 5-13-2020)

A. The city manager shall not be removed from office ninety days prior to or within a period of ninety days after any municipal election at which time a member of the city council is elected. At any other time the city manager may be removed only at a regular meeting of the city council and upon affirmation votes of at least three members of the city council. Even if there are less than five members seated, removal can only occur if there at least three affirmative votes. Any abstention will not be counted as an affirmative vote. At least thirty days prior to the effective date of his/her removal, the city manager shall be furnished with a written notice stating the council's intention to remove him/her and reasons therefor. Within seven days after receipt of such notice, the city manager may, by written notification to the city clerk, request a hearing before the city council, in which event the city council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period referred to. The city manager shall appear and be heard at such hearing.

B. After furnishing the city manager with written notice of his/her intended removal, the city council may suspend him/her from duty, but his/her compensation shall continue until his/her removal as herein provided. In removing the city manager, the city council shall use its uncontrolled discretion, and its actions 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 and city council to present to each other and the public all pertinent facts prior to the final action of removal.

(Prior code § 2106)

(Ord. No. 2367, § 2, 5-13-2015; Ord. No. 2422, § 2, 5-13-2020)

The office of city manager is specifically excluded from the civil service or personnel system of the city, and the city manager shall not be entitled to the benefits, advantages or protection of the civil service or personnel system of the city; he/she shall not be subject to the procedures outlined or prevailing in the syste.

(Prior code § 2107)

(Ord. No. 2367, § 2, 5-13-2015; Ord. No. 2422, § 2, 5-13-2020)