Oceanside Municipal Code Art. II City Manager

Footnotes:

--- (3) ---

State Law reference— City manager in general law cities, Government Code, § 34851 et seq.

The office of city manager is hereby created and established. The city manager shall be appointed by the city council wholly on the basis of his executive and administrative qualifications and ability and shall hold office for and during the pleasure of the city council.

(Ord. Code, § 1311)

Editor's note— Ord. No. 91-12, § 1, adopted March 13, 1991, repealed § 2.5, which pertained to residence requirements and eligibility of council members and derived from Ord. Code, § 1312; Ord. No. 84-13, § 1, adopted Feb. 22, 1984 and Ord. No. 88-04, § 2, adopted Jan. 27, 1988.

The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city.

(Ord. Code, § 1313)

It shall be the duty of all subordinate officers, the city clerk, city treasurer and city attorney to cooperate with and assist the city manager in administering the affairs of the city most efficiently economically and harmoniously so far as may be consistent with their duties as prescribed by law, the provisions of this Code and other ordinances of the city.

(Ord. Code, § 1314)

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 the absence or disability of the city manager and his failure to so appoint a manager pro tempore, the city council may designate some duly qualified person to perform his duties during the period of absence or disability of the city manager, subject, however, to such person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in section 2.6.

(Ord. Code, § 1321)

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. He 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 as follows:

(a) Law enforcement. It shall be the duty of the city manager and he shall have the authority to see that all laws, ordinances and contracts of the city are duly enforced, and that all franchises, permits and privileges granted by the city are faithfully observed.

(b) Authority over employees. It shall be the duty of the city manager and he shall have the authority to control, order and give directions to all appointive heads of departments, except those officers appointed specifically by the city council, namely, the city attorney and special auditor, and to subordinate officers and employees of the city through their department heads, transfer employees from one department to another, and to consolidate or combine offices, positions, departments or units under this direction.

(c) Preparation and submission of preliminary budget. To tabulate the same into a preliminary consolidated municipal budget and submit the same to the council before the first day of June of each year, with his recommendations as to such changes which he deems advisable.

(d) Power of appointment, etc. It shall be the duty of the city manager and he shall have the authority to appoint, remove, suspend, promote and demote any and all appointive officers and employees of the city in accordance with the personnel ordinances and personnel rules and regulations of the city, except those officers appointed specifically by the city council, namely, the city attorney and special auditor.

(e) Control over personnel. It shall be the duty of the city manager and he shall have the authority to exercise control over all departments of government of the city and over all appointive officers and all employees thereof, except those officers appointed specifically by the city council, namely, the city attorney and special auditor.

(f) Attendance at council meetings. It shall be the duty of the city manager and he shall have the authority to attend all the meetings of the city council unless excused therefrom by the council, except when his removal is under consideration by the council.

(g) Recommend needed ordinances, etc. It shall be the duty of the city manager and he shall have the authority to recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient.

(h) Financial reports. It shall be the duty of the city manager and he shall have the authority to keep the city council at all times fully advised as to the financial conditions and needs of the city.

(i) Preparation and submission of budget. It shall be the duty of the city manager and he shall have the authority to prepare and submit, before the first day of June of each year, the proposed annual budget, including the proposed annual salary plan, to the city council for its consideration. The city manager shall be responsible for the administration of the budget after the final adoption, and shall keep the council informed with respect thereto.

(j) Purchasing of supplies; inventory of city property. It shall be the duty of the city manager and he shall have the authority to purchase all supplies for all of the departments or divisions of the city. No expenditure shall be submitted or recommended to the city council except on report or approval of the city manager.

(k) Investigation of city affairs. It shall be the duty of the city manager and he shall have the authority to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations running to the city.

(l) Investigate complaints concerning public utilities, franchises, etc. It shall be the duty of the city manager and he shall have the authority 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 and privileges granted by the city are faithfully performed and observed.

(m) Public buildings. It shall be the duty of the city manager and he shall have the authority to exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the city council.

(n) Hours of employment. It shall be the duty of the city manager to devote his entire time to the duties of his office in the interests of the city; provided, however, that the city manager may, with the prior approval of the city council accept employment with the Oceanside Small Craft Harbor District, such employment and the time to be devoted thereto to be at the will of the city council.

(o) [Reserved.]

(p) Supervision of public relations. The city manager shall serve as a public relations officer of the city government and shall follow through and endeavor to adjust all just complaints filed against any employee, department, division or service thereof.

(q) Contracts, purchases and improvement agreements. The city manager is authorized to enter into the following agreement and contracts on behalf of the city:

(1) Purchases and contracts for supplies, services, equipment or work having a price up to one hundred thousand dollars ($100,000);

(2) Secured agreements to provide improvements as a condition of a subdivision or development project, the standard form for which has been approved by city council or is otherwise established by statute, ordinance or resolution;

(3) Any agreement for which the city council has delegated such authority by ordinance, resolution or other action.

(r) Signing contract change order. It shall be the duty of the city manager and he shall have the authority to sign contract change orders, provided that the change is required to accomplish the scope of work of the contract, and the dollar amount of the change does not exceed ten (10) percent of the contract price, and the dollar amount of the change does not exceed twenty thousand dollars ($20,000.00).

(s) Other authority and duties. It shall be the duty of the city manager and he shall have the authority to perform such other duties and exercise such other authority as may be delegated to him from time to time by ordinance or resolution or other action of the city council.

(t) Delegation of authority. Whenever the city council has by ordinance, resolution or other action of the city council delegated authority to the city manager or any other officer or employee under the control of the city manager, such authority and responsibility shall reside primarily with the city manager. The city manager shall have the authority to make written delegations of such authority to other officers or employees.

(Ord. Code, §§ 1322 to 1334, 1337, 1338, 1340; Ord. No. 62-19, § 1, Ord. No. 63-34, § 1; Ord. No. 65-2, § 1; Ord. No. 87-05, § 1, 1-28-87; Ord. No. 89-13, § 1.a—e, 7-12-89; Ord. No. 94-10, § 4, 5-4-94; Ord. No. 97-21, § 1, 11-19-97; Ord. No. 00-711-1, § 1, 11-15-00; Ord. No. 24-OR0205-1, §§ 1, 3, 5-8-2024)

The city council and its members should 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 should give orders to any subordinates of the city manager.

(Ord. Code, § 1336)

The city manager may attend any and all meetings of the planning commission, library board, personnel board, and any other commissions or boards heretofore or hereafter created by the city council, upon his own volition or upon the 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 desires to address them.

(Ord. Code, § 1339)

The city manager shall act as the agent for the city in the discussion of its administrative functions, but shall not act beyond the authority specifically granted by ordinance or resolution or other action of the city council.

(Ord. Code, § 1351; Ord. No. 89-13, § 1, 7-12-89)

The removal of the city manager shall be only upon a majority vote of the whole city council; such action can be taken only after the council shall give the city manager ninety (90) days' written notice of their intention to so remove him. Notwithstanding the provisions of this chapter hereinabove enumerated, the city manager shall not be removed during or within a period of sixty (60) days next succeeding any general municipal election held in the city at which election a member of the city council is elected.

(Ord. Code, § 1352; Ord. No. 72-44, § 9, 9-27-72)