Palo Alto Municipal Code Art. IV Duties of Officers

Sec. 1. Council appointed officers.

The council shall appoint the city manager, clerk, attorney and auditor, who shall serve at its pleasure.

(Amended by Stats. 1965, Ch. 25, 2-19-65 and by Stats. 1968, Ch. 163, 7-8-68 and by amendment filed with the Secretary of State, December 9, 1983)

Sec. 2. Qualifications of city manager.

The city manager shall be the chief administrative officer of the city and shall be chosen without regard to political consideration and solely with reference to executive and administrative qualifications. The city manager shall be a citizen of the United States, but need not be a resident of the state of California or of the city at the time of appointment, but promptly thereafter shall become and thereafter remain, during his or her incumbency, an actual resident of the city. Members of the council shall not be eligible to hold the position of city manager during their terms of office or for one year after.

(Amended by amendment filed with the Secretary of State, January 21, 1992)

Sec. 3. Appointment and removal of city manager.

The city manager shall be appointed for an indefinite term by a majority vote of the council, and may be removed by resolution at the pleasure of the council, by a two-thirds vote thereof. Before being removed, the city manager shall upon demand be given a written statement of the reasons for removal and the right to be heard publicly thereon at a meeting of the council prior to the final vote on the removal resolution, but pending and during such hearing the council may suspend him or her from office. The action of the council in suspending or removing the city manager shall be final and conclusive. Upon any vacancy occurring in the office of the city manager subsequent to the first appointment hereunder, the council shall, without delay, adopt a resolution of its intention to appoint a city manager, which resolution shall be published once in the official newspaper of the city. No appointment shall be made in less than thirty days after such publications. This provision, however, shall not affect the appointment of a city manager pro tem as herein provided.

(Amended by amendment filed with the Secretary of State, January 21, 1992)

Sec. 4. Bond of city manager.

The city manager shall, before taking office, file with the city clerk an official bond, payable to the city, for the faithful performance of duty. The amount of this bond shall be fixed by the council and shall be not less than five thousand dollars, the premium for which shall be paid by the city.

(Amended by amendment filed with the Secretary of State, January 21, 1992)

Sec. 5. Salary of city manager.

The city manager shall be paid a salary commensurate with the duties and responsibilities of the chief administrative officer of the city.

(Amended by amendment filed with the Secretary of State, January 21, 1992)

Sec. 6. Duties of city manager.

It shall be the duty of the city manager to:

(a) Devote his entire time to the discharge of the duties of the office.

(b) See that all ordinances are enforced.

(c) Appoint all officers, heads of departments and employees of the departments under his or her control, and remove the same for cause, and have general supervision and control over the same, subject to rules and regulations established by the council for a merit system of appointments and promotions; provided, however, that the appointment of all officers and heads of departments shall be subject to the approval of the council. The city manager may, with the approval of the council, act as head or assume the executive position of any department of the city under his or her control for which he or she is qualified by training and experience.

(d) Attend all meetings of the council unless excused therefrom by the council.

(e) Act as ex officio member of all boards and commissions.

(f) Keep the council advised on the needs of the city.

(g) Prepare and submit to the council an annual budget estimate for all departments reporting to the city manager, together with the budget estimates prepared by the heads of the several other departments, and such reports as the council may require, including the annual reports of all departments of the city.

(h) Prepare, or cause to be prepared, plans and specifications for work the council may order; and to provide such plans and specifications in sufficient number and in ample time to give full opportunity for all contractors who desire to bid thereon to do so.

(i) To have general control of all public utilities owned or operated by the city.

(j) Exercise general supervision over all privately owned utilities operated within the city so far as the same are subject to municipal control.

(k) See that the provisions of all franchises, leases, contracts, permits, and privileges, granted by the city, are fully observed, and to report to the council any violation thereof.

(l) Have general supervision over all city property and equipment and its use for the public or by city employees.

(m) Coordinate the work of personnel administration in the departments under his or her control, subject to the rules and regulations of the council for the establishment and operation of a merit system.

(n) From time to time, in order to facilitate the prompt, economical, and efficient dispatch of city business, the city manager may organize the work of the departments under his or her control, assign assistants, deputies, and employees from any office or department of the city government under his or her control to perform work or service in connection with any other offices or department thereof, or to work in more than one of said offices or departments.

(o) Examine, or cause to be examined, without notice, the official conduct of any officer, assistant, deputy, or employee in any of the departments of the city government, except of the council or the officers appointed by it.

(p) Coordinate the purchase for all departments of the city. No purchase shall be made without the approval of the city manager.

(q) Appoint committees deemed desirable to advise and assist him or her, provided the members of such committees shall serve without compensation.

(r) Perform such other duties as may be required by this charter or as the council may require.

(Amended by Stats. 1969, Ch. 223, 6-26-69 and by amendment filed with the Secretary of State, December 9, 1983 and by amendment filed with the Secretary of State, January 21, 1992)

Sec. 7. City manager right of discussion - No vote.

The city manager and such other officers of the city as may be designated by vote of the council, shall be entitled to seats with the council, but shall have no vote therein. The city manager shall have the right to take part in the discussion of all matters coming before the council.

Sec. 8. Assistant city manager.

The council may provide for the appointment of an assistant city manager. In such case he or she shall be appointed by the city manager with the approval of the council and shall be under the supervision and direction of the city manager.

(Amended by amendment filed with the Secretary of State, January 21, 1992)

Sec. 9. City manager pro tem.

In the absence or temporary disability of the city manager and the assistant city manager, if one is appointed, the council shall appoint a city manager pro tem who shall possess the powers and discharge the duties of the city manager during such absence or disability; provided, however, that a city manager pro tem shall have no authority to appoint or remove any city officer or employee except with the two-thirds vote of the council, or as provided in the administrative code.

(Amended by amendment filed with the Secretary of State, January 21, 1992)

No member of the council shall in any manner, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the city manager in the making of any appointment or removal, or in the purchase of supplies, or attempt to exact any promise relative to any appointment from any candidate for city manager, or discuss, directly or indirectly, with any such candidate, the matter of appointments to any city office or employment. Any violation of the foregoing provisions of this section shall constitute a misdemeanor and shall work a forfeiture of the office of the offending member of the council, who may be removed therefrom by the council or by any court of competent jurisdiction. Neither the city manager nor any person in the employ of the city shall take part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office.

(Amended by Stats. 1972, Ch. 71, 7-7-72)

No person related to the city manager by consanguinity or affinity within the third degree shall hold any appointive office or employment with the city.

The duties of the city clerk and attorney shall be those normally exercised by such officers as provided in this charter and in the administrative code.

It shall be the duty of the city auditor to ensure that the city departments and officers responsible for accounting and financial management activities comply with statutory requirements and accounting standards. It shall be the duty of the auditor to conduct internal audits of all the fiscal transactions of the city including, but not limited to, the examination and analysis of fiscal procedures and the examination, checking, and verification of accounts and expenditures; and the city auditor shall provide other analyses of financial and operating data as directed by the city council. The city auditor shall conduct internal audits in accordance with a schedule approved by the city council and may conduct unscheduled audits from time to time. The results of these audits shall be reported in writing to the city council and the city manager. In addition, the auditor shall have such other duties as the council may by ordinance direct.

(Amended by Stats. 1968, Ch. 163, 7-8-68 and by amendment filed with the Secretary of State, December 9, 1983)

In addition to the audits conducted by the city auditor, the city council shall engage an independent certified public accounting firm to conduct an annual external audit and report the results of this audit in writing to the city council. The city auditor shall coordinate the annual external audit.

(Amended by amendment filed with the Secretary of State, December 9, 1983)