2.04 — CITY MANAGER

There is created in the service of the City the position of City Manager. The City Manager shall be a person selected by the City Council solely on the basis of his or her executive and administrative qualifications, with special reference to his or her actual experience in and knowledge of accepted practice in respect to the duties of his or her office as hereinafter set forth.

No person elected to membership on the City Council shall be eligible for appointment as City Manager until one year has elapsed after he or she has ceased to be a member of the City Council. (Prior code § 2-2.1; Ord. 21-1722 § 2)

The City Manager shall be appointed by the City Council, and shall hold office at and during the pleasure of the City Council unless otherwise provided by contract, subject to the provisions governing removal which are set forth in Sections 2.04.080 and 2.04.090. If no contract exists then the City Manager may be subject to termination at any time by a majority vote of the City Council with or without cause, and without hearing; provided, however, that if the City Manager has served in such position for one year or more, he or she shall be entitled upon termination to 90 days severance pay as well as other benefits accrued pursuant to the Personnel System. If the City Manager is terminated before completing a year's prior service, he or she shall be entitled to such benefits as otherwise exist in the City's Personnel System, but only 30 days severance pay. (Prior code § 2-2.2; Ord. 21-1722 § 2)

The City Manager shall be the administrative head of the government of the City, under the direction and control of the City Council. He or she shall be responsible for the efficient administration of all of the affairs of the City which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty, and he or she shall have the power:

• A. To execute on behalf of the City Council its administrative supervision and control of such affairs of the City as may be placed in his or her charge, or which are not otherwise provided for by the City Council;

• B. To appoint competent, qualified officers and employees to the administrative service (which term is inclusive of all persons governed by the City Service System as established by Chapter 2.24, Personnel System, excepting the City Attorney), and to dismiss, suspend and discipline such officers and employees in accordance with the City Service System; to transfer employees from one department to another, consistent with the provisions of the City Service System; to recommend to the City Council such reorganization of officers, departments or divisions as may be indicated in the interests of efficient and economical conduct of the City's business, and to affect such reorganization when authorized by appropriate ordinance, resolution or motion of the City Council; to employ such temporary or part-time employees as may be required, in his or her opinion, subject to the terms of the City Service System;

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City of Norwalk, CA

NORWALK CODE

§ 2.04.030

§ 2.04.030

• C. To control, order and give directions to all heads of departments, subordinate officers and employees of the City, except in matters which by State law are confided to his or her exclusive and uncontrolled jurisdiction, and except the City Attorney;

• D. To prescribe such rules, regulations and policies as shall be deemed necessary or expedient for the conduct of administrative services, and to revoke, suspend or amend any rule, regulation or policy established by any officer or department head or other person in administrative services;

• E. To temporarily direct any department or division of the City to perform work for any other department, division or office of the City;

• F. To prepare and to recommend to the City Council from time to time desirable revisions of the Compensation Plan of the City;

• G. To attend meetings of the City Council and to report upon and discuss any matter concerning the affairs of the departments, services or activities under his or her supervision upon which, in his or her judgment, the City Council should be informed, or upon which his or her opinions are requested by the City Council;

• H. To carry out on behalf of the City Council its policies, rules, regulations and ordinances relating to the administration of the affairs of the City, its departments, divisions and services;

• I. To supervise the preparation of a detailed, proposed municipal budget, and to offer his or her recommendations as to such increases, decreases, cancellations, transfers or changes in any of the items included in the proposed budget as in his or her judgment should be made before adoption of the final budget; to be responsible for the administration of the budget after its final adoption; and to keep the City Council informed with respect thereto;

• J. As agent for the City Council, to exercise the power of approval or rejection of expenditures for all departments, divisions, services and offices of the City government, in accordance with the municipal budget adopted by the City Council; this power shall include the authority to authorize minor deviations from the municipal budget, and transfer of funds and appropriations from accounts to accounts, within the same department or office, where the exigencies of the situation or practical operating economies require such action, but in all cases to report the exercise of such authority to the City Council within a reasonable time thereafter;

• K. To develop and organize public improvement projects and programs, and to aid and assist the City Council and the various departments, services and offices of the City in carrying the same through to a successful conclusion;

• L. To recommend to the City Council for adoption such measures and ordinances as he or she deems necessary or expedient;

• M. To make such surveys, studies, reports and recommendations as he or she may deem desirable on any matter affecting the interests of the people or City, or as may be requested by the City Council;

• N. To prepare the agenda for all regular, special or adjourned meetings of the City Council;

• O. To serve as local Director of Civil Defense and to hold any other office involving Civil

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City of Norwalk, CA

ADMINISTRATION AND PERSONNEL

§ 2.04.030

§ 2.04.040

Defense to which the City Council shall appoint him or her;

• P. To serve in any appointed office 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 pleasure of the City Council and without further compensation except as expressly provided by the City Council at the time of such appointment or thereafter;

• Q. To hold the office of City Clerk when qualified to do so following his or her appointment by the City Council, or to perform the duties of the City Clerk in the absence of appointment of some other person by the City Council;

• R. To receive and open all mail addressed in whole or in part to the City Council, or to the Mayor or Vice Mayor by title only, and give immediate attention thereto, to the end that all administrative business referred to in such communications and not necessarily requiring action by the City Council may be disposed of in an expeditious manner; provided that, all actions taken pursuant to such communications shall be reported to the City Council at its next regular meeting thereafter, or by separate communication to each member of the City Council;

• S. To see to the enforcement within the City of the laws of the State, of this Code, and of all laws and ordinances of the City;

• T. To investigate and see to the faithful performance and observation of all contracts of the City, and of all franchises, permits, licenses and privileges granted by the City;

• U. To investigate all complaints concerning the administration of City government; to adjust all proper grievances within the scope of authority provided by City laws and policies; and to report to the City Council all injustices suffered by reason of defects or omissions in the laws, policies or practices of the City which he or she is not authorized to rectify;

• V. To exercise general supervision over all public buildings, public parks and other public property which are under control and jurisdiction of the City Council, when the general supervision thereof is not specifically delegated to a particular officer;

• W. To explain to the public the actions, purposes and policies of the City government;

• X. To cooperate within lawful limits with all community organizations whose aim and purpose it is, in whole or in part, to advance the spiritual and material interests of the City and its people, and to provide them, within lawful limits, with assistance in such aim and purpose through the City government;

• Y. To execute in the name of the City Council and City, any contract authorized or approved by the City Council, unless the City Council shall expressly provide for other manner of execution of such contract;

• Z. To perform such other duties and exercise such other powers as are necessarily incident to the above powers, or as may be assigned or delegated to him or her from time to time by action of the City Council.

(Prior code § 2-2.3; Ord. 21-1722 § 2)

The City Manager shall not attempt to establish general policy which it is the province of the

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City of Norwalk, CA

NORWALK CODE

§ 2.04.040

§ 2.04.070

City Council to determine, nor shall he or she attempt to commit or bind the City Council, or any member thereof, to any action, plan or program requiring official Council action. It is not intended by this chapter to grant any authority to, or impose any duty upon the City Manager which is now or hereafter may be vested in or imposed by general State law on any other City commission, department, officer or employee.

(Prior code § 2-2.4; Ord. 21-1722 § 2)

In the discharge of his or her duties as City Manager, the person holding such position shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his or her contacts with the public, with the City Council, and with all City commissions, boards, departments, officers and employees, and shall use his or her best efforts to establish and maintain a harmonious relationship among all personnel employed in the government of the City, to the end that the highest possible standards of public service shall be continuously maintained. (Prior code § 2-2.5; Ord. 21-1722 § 2)

Neither the City Council nor any of its members shall direct or request the appointment of any person to, or his or her removal from, office by the City Manager or any of his or her subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. The City Manager shall take his or her orders and instructions from the City Council as a body, and no individual member of the City Council shall give any orders or instructions to the City Manager. Any subordinate officer or employee receiving orders or instructions contrary to this section shall report the same in writing immediately thereafter to the City Manager, and the City Manager shall promptly forward a copy or summary of such report to each member of the City Council. He or she shall likewise promptly advise each member of the City Council of any orders or instructions received by him or her contrary to this section.

It is not intended by this section to restrict unduly the privilege of a member of the City Council of requesting of the City Manager, but not of any other officer or employee under his or her supervision, the preparation of a report dealing with any matter of City business, or municipal affairs generally, if such report can be compiled without undue dislocation of City activities and without the expenditure of considerable quantities of time by City personnel. (Prior code § 2-2.6; Ord. 21-1722 § 2)

In order to provide for the performance of his or her duties during his or her temporary absence or disability, the City Manager shall designate in writing a qualified Administrative Officer of the City to so act, with the approval of the City Council. In the event of failure of the City Manager to make such designation, the City Council shall designate an officer or employee of the City to perform the duties of the City Manager until he or she shall return or his or her disability shall cease. Any person so designated to act in the absence of the City Manager shall first furnish a bond in the form required of the City Manager unless such person is a City officer

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City of Norwalk, CA

ADMINISTRATION AND PERSONNEL

§ 2.04.070

§ 2.04.090

who has already filed a similar bond with the City. The person designated in accordance with this section to act during the absence or disability of the City Manager shall be the Acting City Manager, and shall exercise all powers and carry out all duties of the City Manager. (Prior code § 2-2.7; Ord. 21-1722 § 2)

The City Manager shall receive such compensation and expense allowance as the City Council shall, from time to time, determine, and such compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate, or, in lieu thereof as the City Manager shall determine to be appropriate.

The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the City under direction of or with the express or implied consent of the City Council; reimbursement shall be made only in accordance with an itemized claim setting forth the sums expended or obligations incurred, and the purpose for which sums were expended or obligations incurred, in the manner provided by the City Council for the presentation of claims for reimbursement of expenses of other City officers and employees.

The City Manager shall be entitled to all benefits accorded to management employees pursuant to Chapter 2.24, Personnel System, of this Code, and the City Personnel Rules and Regulations adopted thereunder, as they may be amended from time to time by resolution of the City Council, or such additional benefits as the City Council may prescribe by resolution. Notwithstanding the foregoing, the City Manager may be employed under a written contract designating the terms and conditions of his or her employment, in which case the provisions of such contract shall be binding on the City and superseding any conflicting provisions set forth in Chapter 2.24, or the City Personnel Rules and Regulations.

(Prior code § 2-2.8; Ord. 21-1722 § 2)

The City Manager shall not be removed from office during or within a period of 90 days next succeeding any General Municipal Election in the City, at which election a member of the City Council is elected, except by an unanimous vote of the members of the City Council. Such termination by unanimous vote shall not affect the City Manager's entitlement to all accrued benefits in accordance with Section 2.04.080. The purpose of this provision is to allow any newly-elected member of the City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of the office. (Prior code § 2-2.9; Ord. 21-1722 § 2)

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City of Norwalk, CA

ADMINISTRATION AND PERSONNEL

§ 2.08.010

§ 2.08.020