Chapter 2.12 — CITY MANAGER

The office of the city manager is created and established.

(Ord. 98-02 § 1 (part))

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

(Ord. 98-02 § 1 (part))

No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the city council.

(Ord. 98-02 § 1 (part))

Residency in the city at the time of appointment shall not be required as a condition of the appointment.

(Ord. 98-02 § 1 (part))

Any place the term city administrator is found in the Orland Municipal Code, it shall be deemed to be city manager.

(Ord. 98-02 § 1 (part))

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.

(Ord. 98-02 § 1 (part))

The city manager, by filing a written notice with the council and the city clerk, shall designate a qualified subordinate to exercise the powers and perform the duties of city manager during his or her temporary absence or disability. Notwithstanding these provisions, in the event of the city manager's absence or disability, the council may appoint an acting city manager.

(Ord. 98-02 § 1 (part))

The city manager shall receive such compensation as the city council shall from time to time determine. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his or her actual duties.

(Ord. 98-02 § 1 (part))

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. 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 or her duty and he or she shall have the powers set forth in Section 2.12.100 through 2.12.210.

(Ord. 98-02 § 1 (part))

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 and privileges granted by the city council are faithfully observed.

(Ord. 98-02 § 1 (part))

It shall be the duty of the city manager, and he or she 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. 98-02 § 1 (part))

It shall be the duty of the city manager to appoint, remove, promote and demote any and all officers and employees of the city, subject to all applicable personnel ordinances, rules and regulations. Decisions to remove, demote or otherwise discipline a department head shall be appealable to the city council, to the extent that such appeal is consistent with applicable personnel ordinances, rules and regulations.

This authority to appoint, promote, demote, evaluate, discipline, terminate and adjust compensation of all employees including department heads within the limits and provisions of the city personnel manual. City manager requires approval of city council to perform these functions outside the limits and provisions of the personnel manual.

The city manager will keep the city council informed as to any negative personnel actions to be taken as to any department head, city official or contract consultants.

(Ord. 98-02 § 1 (part))

(Ord. No. 2012-04, § 5; Ord. No. 2018-04)

It shall be the duty and responsibility of the city manager to conduct studies andeffect such administration reorganization of offices, positions or units under his or her direction as may be indicated in the interest of

efficient, effective and economical conduct of the city's business.

(Ord. 98-02 § 1 (part))

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

(Ord. 98-02 § 1 (part))

It shall be the duty of the city manager to attend all meetings of the city council unless at his or her request he or she is excused therefrom by the mayor individually or the city council, except when his removal is under consideration.

(Ord. 98-02 § 1 (part))

It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.

(Ord. 98-02 § 1 (part))

It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.

(Ord. 98-02 § 1 (part))

It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or his authorized representative. The city manager, or his authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

(Ord. 98-02 § 1 (part))

It shall be the duty of the city manager 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 of the city. Further, 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 said city.

(Ord. 98-02 § 1 (part))

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

(Ord. 98-02 § 1 (part))

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 or resolution or other official action of the city council.

(Ord. 98-02 § 1 (part))

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 or instructions to any subordinates of the city manager. The city manager shall take his or her orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilman shall give any orders or instructions to the city manager.

(Ord. 98-02 § 1 (part))

It shall be the duty of all subordinate officers and the city clerk, city treasurer, and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

(Ord. 98-02 § 1 (part))

The city manager may attend any and all meetings of the planning commission, parks and recreation commission and any other commissions, boards or committees created by the city council, upon his or her own volition or upon direction of the city council. At such meetings which the city manager attends, he or she shall be heard by such commissions, board or committees as to all matters upon which he or she 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 or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

(Ord. 98-02 § 1 (part))

The removal of the city manager shall be effected only by a majority vote of the whole city council as then constituted, convened in a regular council meeting, subject, however, to the provisions of the next succeeding subsections. 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 or her, at least thirty (30) days before the effective date of his or her removal. If the city manager so requests, the city council shall provide in writing reasons for the intended removal, which shall be provided the city manager within seven days after the receipt of such request from the city manager, and at least fifteen (15) days prior to the effective date of such removal.

(Ord. 98-02 § 1 (part))

Within seven days after the delivery to the city manager of such notice of intention to remove, 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 (30) day period, at which the city manager shall appear and be heard, with or without counsel.

(Ord. 98-02 § 1 (part))

After furnishing the city manager with a written notice of intended removal, the city council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by action of the council passed subsequent to the aforesaid hearing.

(Ord. 98-02 § 1 (part))

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 said city council his or her grounds of opposition to his or her removal prior to its action.

(Ord. 98-02 § 1 (part))

Notwithstanding the provisions of this subsection hereinabove set forth, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety (90) days next succeeding any general municipal election held in the city at which a member of the city council is elected or when a new city councilman is appointed; the purpose of this provision is to allow any newly elected or appointed 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 said ninety (90) day period aforementioned, the provisions of Section 2.12.250 through 2.12.280 as to the removal of said city manager shall apply and be effective.

(Ord. 98-02 § 1 (part))

Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.

(Ord. 98-02 § 1 (part))