Orange Municipal Code Ch. 2.16 City Manager

The City Manager shall be the Chief Executive and Administrative Officer of the City government, shall enforce the laws of the City and require the faithful performance of all administrative duties, and shall have such duties and powers as are set forth in this chapter.

(Prior code 2200; Ord. 43-60)

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. They shall be responsible for the efficient administration of all the affairs of the City which are under their control. In addition to their general powers as administrative head and not as a limitation, it shall be their duty and they shall have the power to:

A. Appoint competent, qualified officers and employees to the administrative service and to dismiss, suspend and discipline all officers and employees in the administrative service under his or her control; they shall also have the power to authorize a department head, or officer responsible to them, to appoint and remove subordinates serving under that department head or officer; no department head shall be appointed or removed until the City Manager has first reviewed such appointment or removal with the City Council in executive session and received approval for such appointment or removal;

B. Designate themselves or some other officer or employee to perform the duties of any office or position in the administrative service under his or her control which is vacant or which lacks administration due to the absence or disability of the incumbent;

C. Prepare and present to the Council an annual report of the City's affairs, including a summary of reports of department heads, and such other reports as the Council shall require. The report may be integrated into the annual budget report;

D. Assemble estimates of the financial needs and resources of the City for each ensuing year, and prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and analyses;

E. See that the laws of the state pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, contracts, permits and privileges granted by the City are faithfully observed;

F. Attend all meetings of the City Council unless excused therefrom by the City Council, except when their removal is under consideration by the City Council;

G. Recommend to the City Council for adoption such measures and ordinances as they deem necessary or expedient;

H. Keep the City Council at all times fully advised as to the financial conditions and needs of the City; make such other reports and recommendations as may be desirable or as requested by the City Council;

I. Purchase or cause to be purchased by some officer designated by them all supplies and equipment for all of the departments or divisions of the City; all purchases and expenditures for purchases shall be made in accordance with procedures established by ordinance;

J. Provide staff services relating to the development and implementation of programs and plans for economic development and redevelopment activities which stress improving the City's tax base and increasing, improving and preserving the community's supply of low and moderate-income housing;

K. Administer development projects located in designated redevelopment project areas and affordable housing projects located within the City;

L. Provide services to developers and investors to assist in facilitating development and the provision of affordable housing or to encourage new development consistent with City goals and objectives;

M. Exercise any other powers regarding community and economic development which the City Council may desire to delegate subject to such conditions as may be imposed by the City Council; and

N. Serve in any appointed office within the City government to which they may be qualified when appointed thereto by the City Council, and hold and perform duties thereof at the pleasure of the City Council; perform such other duties and exercise such other powers as may be delegated to them from time to time by ordinance or resolution or other action by the City Council.

(Prior code 2200(1)(a)–(e), (g)–(k); Ord. 43-60; Ord. 51-80; Ord. 06-24, 4/9/2024)

The City Manager shall:

A. Prescribe Rules. Have the power to prescribe such rules and regulations as he or she shall deem necessary or expedient for the conduct of administrative agencies subject to his or her authority, and to revoke, suspend, or amend any rule or regulation of the administrative service by whomever prescribed;

B. Investigate. Have the power, either by himself or herself or by any officer or person designated for the purpose by him or her, to investigate and to examine or inquire into the affairs or operation of any department, division, bureau, or office; and when so authorized by the Council, he or she shall have power to employ consultants and professional counsel to aid in such investigations, examinations, or inquiries;

C. Overrule Officials. Have the power to set aside any action taken by a department head and may supersede him or her in the functions of his or her office;

D. Delegate Duties. Have the power to direct any department, division or bureau to perform the work for any other department, division or bureau or to authorize the Assistant City Manager to perform any of the City Manager's duties enumerated in the Orange Municipal Code if such authorization is reduced to writing and provided to the City Council and City Clerk;

E. Appoint Administrative Committees. Have the power to designate from the administrative service such committees and the officers thereof as he or she shall find necessary for the proper consideration of administrative problems; such committees shall meet at the request of the Administrator and shall make such recommendation on matters referred to them as they shall find necessary for the best interests of the City;

F. Appear Before Council. Have the power to appear before and address the Council at any meeting.

(Prior code 2200(2)(a-f); Ord. 43-60; Ord. 20-03, 2003)

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. Should any Council Member make an inquiry, it shall be for the purpose of compiling facts and data for possible future action by the Council. In no event shall action be taken after completion of the inquiry without Council approval. The City Manager shall take his or her orders and instructions from the City Council as a body, and no individual Councilmember shall give any orders or instructions to the City Manager or his or her subordinates. Once decisions have been made by the City Council as a body, they shall be final and conclusive. Further reference to any such decision of the Council shall not be made by the City Manager except to the Council as a whole.

(Prior code 2200(1)(f); Ord. 43-60)

A. Before or during a hearing over which the City Manager or his or her authorized representative presides, the City Manager or his or her authorized representative shall issue subpoenas or subpoenas duces tecum at the request of any party for attendance or production of documents at the hearing. The request shall be in compliance with provisions of the California Code of Civil Procedure Section 1985, as it now exists or may be hereinafter amended, as a condition precedent to the issuance of a subpoena duces tecum.

B. The process issued pursuant to subsection A of this section shall be extended to all parts of the State and shall be served in accordance with the provisions of Sections 1987 and 1988 of the California Code of Civil Procedure, as those sections exist or may be hereinafter amended.

C. Any violation or disobedience of a subpoena issued by the City Manager or his or her authorized representative shall constitute a misdemeanor and shall be punishable by a fine of not more than $500.00, or by imprisonment in the county jail for a period of not more than six months, or by both such fine or imprisonment.

(Prior code 2200(2)(j); Ord. 43-60; Ord. 60-78; Ord. 14-79)

A. Appointment Eligibility of Council Member. No person elected as a member of the City Council 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.

B. Bond. 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 City Council and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the City.

C. Absence. The Assistant City Manager shall serve as acting City Manager during any temporary absence or disability of the City Manager unless the City Manager designates in writing, a City department head or other City employee to act as City Manager. In the event of the absence of the Assistant City Manager and the failure by the City Manager to appoint a City Department Head to act as City Manager, the City Council may appoint a City department head or other person to perform the duties of City Manager during the period of absence or disability of the City Manager.

(Prior code 2200(3); Ord. 43-60; Ord. 7-99; Ord. 20-03, 2003)

A. Vote Required. The removal of the City Manager shall be only upon a majority vote of the whole Council in the City in regular Council meeting; subject, however, to the provisions of the next succeeding subsections. In case of the City Manager's intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council's intention. The effective date of the City Manager's removal shall be as shown upon the written notice.

B. Hearing. Within seven days after the delivery to the City Manager of such notice he or she 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, at which the City Manager shall appear and be heard.

C. Discretion of Council. 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 or her grounds of opposition to his or her removal.

D. Limitations. Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 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 or her office. After the expiration of the 90-day period aforementioned, the provisions of Section 2.16.070 as to the removal of the City Manager shall apply and be effective, except where the City Manager is accused of committing acts of moral turpitude or of violation of any law which would bring disrepute upon his or her office or has committed any acts of dishonesty, the Council may forthwith discharge the City Manager upon a majority vote of the Council without hearing.

(Prior code 2200(4); Ord. 43-60; Ord. 12-20, 2020; Ord. 06-24, 4/9/2024)

The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and said compensation and expenses 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 or her in the performance of his or her duties or incurred when traveling on business pertaining to the City under direction of the City Council. Reimbursement shall only be made, however, when an itemized claim setting forth the sums expended and for which reimbursement is requested, has been presented to the City Council for approval.

(Prior code 2200(5); Ord. 43-60)