Morro Bay Municipal Code Ch. 2.12 City Manager

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* For statutory provisions regarding the adoption of the city manager form of government, see Gov. Code § 34851 et seq.

The office of the city manager is established and created pursuant to the provisions of the Sections 34851 et seq. of the Government Code of the state and all references in this code to city administrator shall mean city manager. 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.

(Ord. 459 § 15, 1997: Ord. 14 § 1 (part), 1965: prior code § 2700)

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 has ceased to be a member of the city council.

(Ord. 459 § 16, 1997: Ord. 14 § 1 (part), 1965: prior code § 2702)

The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city to serve as manager pro tempore during any temporary absence or disability of the city manager. In case of absence or disability of the city manager and his failure to so appoint a manager pro tempore, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager.

(Ord. 459 § 17, 1997: Ord. 14 § 1 (part), 1965: prior code § 2703)

The city manager shall receive such compensation as the city council shall from time to time determine and fix by resolution, and the 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 or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council; provided, however, that reimbursement shall only be made 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 for approval and has been so approved.

(Ord. 459 § 18, 1997: Ord. 14 § 1 (part), 1965: prior code § 2704)

The city manager shall be the administrative head of the government of the city. 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 council, but the council may not overrule, change or modify any such action, determination or omission except by an affirmative vote of at least three members of the council. The city manager 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 Sections 2.12.070 through 2.12.220.

(Ord. 459 § 19, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705)

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, licenses and privileges granted by the city council are faithfully observed. Pursuant to the duty to enforce this code, the city manager shall designate one or more city employees as the code enforcement officer established by Section 1.16.050 of this code.

(Ord. 459 § 20, 1997: Ord. 311 Exh. A (part), 1987: Ord. 14 § 1 (part), 1965: prior code § 2705.1)

It shall be the duty of the manager and he 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 jurisdiction through their department heads.

(Ord. 459 § 21, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.2)

It shall be the duty and responsibility of the city manager to and he/she shall appoint, remove, promote and demote any officers and employees of the city, except the city attorney, subject to the provisions of Chapter 2.32 and resolutions, rules and regulations adopted pursuant thereto.

(Ord. 459 § 22, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.3)

(Ord. No. 561, 8-23-10)

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. 459 § 23, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.4)

It shall be the duty of the city manager and he shall recommend to the city council for adoption of such measures and ordinances as he deems necessary or expedient.

(Ord. 459 § 24, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.5)

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. 459 § 25, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.6)

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. 459 § 26, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.7)

It shall be the duty of the city manager to prepare and submit the proposed annual budget, and to supervise the administration of the budget after its adoption.

(Ord. 459 § 27, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.8)

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

(Ord. 459 § 28, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.9)

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

(Ord. 459 § 29, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.10)

It shall be the duty of the city manager to and he shall exercise general supervision over all public buildings, public parks and over all public properties which are under the control and jurisdiction of the city council.

(Ord. 459 § 30, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.11)

The city manager's hours of employment are specified in his/her employment contract.

(Ord. 465 § 4, 1998: Ord. 459 § 31, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.12)

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, resolution or other action of the city council.

(Ord. 459 § 32, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.13)

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 members 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 sitting in a duly held meeting of the city council and no individual council member shall give any orders or instructions to the city manager. Nothing herein contained shall be construed to prevent any council member from discussing matters of the city with the city manager.

(Ord. 459 § 33, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.14)

It shall be the duty of all subordinate officers and the city clerk, city treasurer, city engineer and city attorney 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. 459 § 34, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.15)

The city manager shall attend any and all meetings of commissions, boards or committees hereafter created by the city council, 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 said 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. 459 § 35, 1997: Ord. 14 § 1 (part), 1965: prior code § 2705.16)

The removal of the city manager shall be only upon a three member vote of the whole council in the city in regular council meeting, subject, however, to the provisions of Sections 2.12.240 through 2.12.270. 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 thirty days before the effective date of his removal.

(Ord. 459 § 36, 1997: Ord. 14 § 1 (part), 1965: prior code § 2706)

Within seven days after the delivery to the city manager of such notice he may by written notification to the city clerk, request a hearing before the city council. Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty- day period, at which the city manager shall appear and be heard.

(Ord. 459 § 37, 1997: Ord. 14 § 1 (part), 1965: prior code § 2706.1)

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 the council passed subsequent to the hearing referred to in Section 2.12.240.

(Ord. 459 § 38, 1997: Ord. 14 § 1 (part), 1965: prior code § 2706.2)

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. 459 § 39, 1997: Ord. 14 § 1 (part), 1965: prior code § 2706.3)

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, the provisions of Sections 2.12.230 through 2.12.260 as to the removal of the city manager shall apply and be effective.

(Ord. 459 § 40, 1997: Ord. 14 § 1 (part), 1965: prior code § 2706.4)