Article IV — CITY COUNCIL APPOINTED OFFICERS; CITY MANAGER AND CITY ATTORNEY

400. City Manager.

There shall be a city manager who shall be the chief administrative officer of the city. City council shall appoint, by an affirmative vote of at least three of its members, the person that it believes to be best qualified on the basis of his or her executive and administrative qualifications, with special reference to experience in, and knowledge of, accepted practice in respect to the duties of the office as set forth in this Charter. The city manager shall serve at the pleasure of the city council.

401. Eligibility.

No person shall be eligible to receive appointment as city manager while serving as a member of the city council nor within five years after he or she has ceased to be a member of the city council.

402. Compensation and Bond.

The city council shall be authorized to enter into a contract of employment with the city manager. The city manager shall have no vested or procedural rights in connection with his or her employment as city manager, except as may be granted by city council through contract or otherwise. The city manager shall be paid a salary commensurate with his or her responsibilities as chief administrative officer of the city, which salary shall be established by ordinance or resolution, or by contract with the city manager.

The city manager shall furnish a corporate surety bond conditioned upon the faithful performance of his other duties in such form and in such amount as may be determined by the city council.

403. City Manager, Powers and Duties.

The city manager shall be the head of the administrative branch of the city government. The city manager shall be responsible to the city council for, and shall have jurisdiction over, the proper administration of all affairs of the City except those delegated by this Charter to the city attorney or other appointive boards or commissions. Without limiting the foregoing general grant of powers, responsibilities and duties, the city manager shall have power and be required to:

• (a) Appoint, suspend or remove, subject to the provisions of this Charter including the personnel system provisions thereof, all department heads and officers of the City except elective officers and those department heads and officers the power of whose appointment is vested by this Charter in the city council or in other appointive boards or commissions, and approve or disapprove all proposed appointments and removals of subordinate employees by those department heads who are appointed by the city manager.

• (b) Prepare the budget annually, submit such budget to the city council and be responsible for its administration after its adoption.

• (c) Prepare and submit to the city council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the City for the preceding fiscal year.

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City of Palm Springs, CA 403

CHARTER

408

• (d) Keep the city council advised of the financial condition and future needs of the City and make such recommendations as may seem appropriate.

• (e) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the city government and recommend them to the city council for adoption.

• (f) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced.

• (g) Prescribe such general rules and regulations as he or she may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his or her jurisdiction, and exercise control of all such administrative offices and departments and the officers and employees thereof.

• (h) Perform such other duties consistent with this Charter as may be required by the city council.

404. Meetings.

The city manager or his or her designated representative shall attend all city council meetings, and may attend all meetings of other boards and commissions, and shall be entitled to participate in their deliberations, but shall not have a vote.

405. Removal.

The city manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the city council is elected. At any other time the city manager may be removed only at a regular meeting of the city council and upon the affirmative votes of at least three members of the city council. In removing the city manager, the city council shall have absolute discretion, and its actions shall be final. The city manager shall not have any procedural rights entitling him or her to a hearing or other notice prior to termination, except as may be provided by ordinance or contract.

406. Interim City Manager Pro Tempore.

The city manager may appoint, subject to the approval of the city council, one of the officers or department heads of the city, or any other qualified person, to serve as interim city manager during the temporary absence or disability of the city manager. In the event of the death, resignation or dismissal of the city manager, the city council may appoint any qualified person to act as interim city manager pending the appointment of a new city manager.

407. City Attorney.

There shall be a city attorney, who shall be appointed by and serve at the pleasure of the city council. An affirmative vote of three members of the city council shall be required to appoint or remove the city attorney. To become and remain eligible for city attorney the person appointed shall be an attorney-at-law duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of municipal law for at least five years prior to his or her appointment.

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City of Palm Springs, CA 408

PALM SPRINGS CODE

408

408. City Attorney, Powers and Duties.

The city council is authorized to enter into a contract with the city attorney. The city attorney shall have no vested or procedural rights in connection with his or her employment as city attorney, except as may be granted by city council, through ordinance, contract or otherwise. The city attorney shall have power and be required to:

• (a) Represent and advise the city council and all city officers in all matters of law pertaining to their offices.

• (b) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any city officer or employee, or former city officer or employee, in any or all actions and proceedings in which any such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his or her official capacity.

• (c) Attend all meetings of the city council and give advice or opinions in writing whenever requested to do so by the city council or by any of the boards or officers of the City.

• (d) Approve the form of contracts made by and bonds given to the City, and all deeds or covenants recorded for or on behalf of the City.

• (e) Approve any and all proposed ordinances and resolutions for the City and amendments thereto.

• (f) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs.

• (g) Prosecute on behalf of the people of the City any or all criminal cases arising from violation of this Charter or city ordinances, and such State misdemeanors as the City has the power to prosecute.

• (h) Recommend and oversee the hiring and supervise the work of any and all other attorneys employed by the City to perform legal work on any litigation or other matter, or to otherwise assist the city attorney.

• (i) To otherwise serve as the legal counselor to the City, and to perform other duties consistent with the Charter, as directed by the city council.

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City of Palm Springs, CA 500

CHARTER

501