Morgan Hill Municipal Code Ch. 2.08 City Manager

The office of city manager is created and established. The city manager shall be appointed by the city council on the basis of his experience, administrative and executive ability. He shall hold office at and during the pleasure of the city council.

(Ord. 400 N.S. § 1, 1975)

A. No person elected or appointed as a councilman of the city shall, subsequent to taking office as councilman, be eligible for appointment as city manager until one year has elapsed after such councilmember shall have ceased to be a member of the city council.

B. The city manager shall furnish a corporate surety bond to the city conditioned upon the faithful performance of his/her duties in the penal sum of six hundred thousand dollars. The premium paid for such bond shall be paid by the city.

(Ord. 1197 N.S. § 1 (part), 1994; Ord. 400 N.S. § 3, 1975)

The city manager shall be the administrative head of the city government acting under the direction and control of the city council. In addition to the city manager's general powers as chief administrator, and not as a limitation thereon, the city manager shall have the powers and duties set forth in the following subsections:

A. To see that all laws and ordinances of the city are duly enforced and that all franchises, permits, licenses and privileges granted by the city are faithfully performed and observed;

B. To perform all financial and accounting duties imposed on the city clerk by Government Code Sections 40802 through 40805. Pursuant to Section 40805.5 of the Government Code, these duties are transferred to the city manager or his/her designee;

C. To control, order and give directions to all directors of departments and to subordinate officers and employees of the city under the city manager's jurisdiction through their department director;

D. The services and facilities of the city clerk, city treasurer and city attorney shall be made available to the city manager in the same manner that such services are available to the city council;

E. The city manager shall have authority to appoint, discipline and dismiss any and all officers and employees of the city, except the city attorney and those elected by the electors of the city. All department directors, persons holding those positions listed in section A of the resolution adopting selected salary ranges and job titles for management, professional and confidential employees, are "at-will" employees and may be removed at any time by the city manager without cause and without right of appeal.

F. To attend all meetings of the city council unless excused there from by the city council;

G. To recommend to the city council for adoption such measures and ordinances as he or she deems necessary or expedient;

H. To keep the city council at all times fully advised as to the financial conditions and needs of the city;

I. To prepare and submit to the city council the annual budget and to administer it after adoption;

J. To purchase or cause to be purchased all supplies for all of the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager;

K. To make investigation into the affairs of the city and any department or division thereof and any contract or the proper performance of any obligation pertaining to the city;

L. To investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the services maintained by public utilities in the city, and to see that all franchises, permits and privileges granted by the city are faithfully observed;

M. To execute general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the city council;

N. Reserved.

O. To receive and open all official mail and communications addressed either to the mayor or to the city council, unless a councilmember has filed a written request with the city manager to forward all mail and communications unopened to the councilmember. The councilmember requesting the forwarding of unopened mail shall assume all responsibility to comply with all laws. The mayor will not have the option to file a request to have his or her mail forwarded unopened;

P. To make reports and recommendations as may be desirable or as requested by the city council;

Q. To perform such other duties and exercise such other powers as may be delegated to the city manager from time to time by ordinance, resolution or other action of the city council;

R. To sign the following instruments on behalf of the city:

1. Without prior approval from the city council:

a. Rights of entry onto city property where the city manager determines no reasonable risk of hazard, harm or danger is presented by such entry;

b. Written contracts, letters of intent or similar memoranda of understanding made or entered into by city where city council previously has made sufficient appropriation therefore and the total amount to be expended by city under such contract or other written instrument equals the amount authorized to be performed by the employees of a public agency for public projects per State of California's Uniform Public Construction Cost Accounting Act or less;

c. Written contracts, letters of intent or similar memoranda of understanding where the amount or value to be received by city equals the amount authorized to be performed by the employees of a public agency for public projects per State of California's Uniform Public Construction Cost Accounting Act or less;

d. Emergency purchases pursuant to the applicable provisions of Chapter 2.44 or Chapter 3.04 of this code; and

2. Whenever authorized by the city council:

a. All warrants drawn on the city treasury,

b. All written contracts and conveyances made or entered into by the city where the amount to be expended or received by the city exceeds the amount authorized to be performed by the employees of a public agency for public projects per State of California's Uniform Public Construction Cost Accounting Act, and

c. All instruments requiring the city seal; and

S. All claims and actions against the city or any officer or any employee thereof shall be filed, served and processed in accordance with applicable state law. All claims shall be filed with the city clerk. Pursuant to Section 935.4 of the Government Code, the city manager or said manager's designee shall be authorized to accept, settle or reject, without prior approval of the council, claims against the city, provided that no allowance, compromise, or settlement shall exceed twenty thousand dollars. Upon the written order of the city manager or said manager's designee, the director of finance shall cause to be issued a warrant upon the treasury of the city in the amount for which a claim has been allowed, compromised or settled. The city manager or said manager's designee is further authorized to compromise or settle, without prior approval of the council, except on a matter of policy, any actions in which the city is the plaintiff, provided that the amounts of such compromise or settlement shall not exceed twenty thousand dollars.

(Ord. 1225 N.S. § 1, 1995; Ord. 1197 N.S. § 1 (part), 1994; Ord. 747 N.S. § 1, 1985; Ord. 586 N.S., 1982; Ord. 400 N.S. § 4, 1975)

(Ord. No 1930 N.S., § 1, 4-22-2009; Ord. No. 2171, § 1, 10-7-2015; Ord. No. 2284 N.S., § 1, 10-17-2018)

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

(Ord. 400 N.S. § 5, 1975)

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

(Ord. 400 N.S. § 6, 1975)

In the event of the temporary absence or disability of the city manager, the assistant city manager may, at the direction of the city council, perform the duties of the city manager during the period of his absence or disability; provided, however, that such person or anyone else performing the duties of city manager furnishes a bond as set forth in Section 2.08.030 of this chapter.

(Ord. 400 N.S. § 7, 1975)

A. The compensation of the city manager, as well as provisions for his vacation time and sick leave, shall be set forth in a resolution of the city council.

B. The city manager shall be reimbursed for all legitimate expenses paid by him in the conduct of city business, including traveling expenses outside the city limits; provided, however, that no reimbursement shall be made except upon a verified, itemized claim presented to and allowed by the city council.

(Ord. 400 N.S. § 8, 1975)

A. The removal of the city manager shall be only upon a three member vote of the city council. The city manager may be removed at any time by the city council without cause and without right of appeal as the city manager is an "at-will" employee serving at the pleasure of the city council.

B. At the time set for the hearing, the city manager shall have an opportunity to answer the reason or reasons given for his removal. Nothing contained in this chapter, however, shall be construed to require the council or any of its members to substantiate or prove the reasons for such removal as a condition of the removal, it being the intention of the council that the city manager shall hold office only at the discretion of the council and may be removed at any time by following the procedure set forth in this section. At the hearing the council shall take final action on the resolution of intention either to carry out his removal or to retain him. If the action is to remove the city manager, his removal shall not be effective until at least two weeks have expired from the date of the hearing. Failure of the council to adopt a motion or resolution for his removal shall be deemed a rescission of the resolution of intention.

C. The city manager shall be entitled to receive his regular compensation during the period between the effective date of his removal and passage of the resolution of intention of removal.

D. The city manager may resign from his position upon at least four weeks notice in writing given to the city council.

(Ord. 400 N.S. § 9, 1975)