Chapter 2.10 — CITY MANAGER

Footnotes:

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* Prior ordinance history: Ords. 87-4 and 89-02.

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

Residence in the city of a city manager shall not be required as a condition of the appointment.

(Ord. 02-03 §1, 2002: Ord. 93-01 §1(part), 1993).

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

(Ord. 93-01 §1(part), 1993).

A.

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

B.

Compensation. 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 in the performance of his official duties.

(Ord. 93-01 §1(part), 1993).

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 in the following subsections. It shall be the duty of the city manager:

A.

Law Enforcement. 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;

B.

Authority Over Employees. To 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;

C.

Appointments and Removals. To appoint, remove, promote and demote any and all officers, including all department heads, and employees of the city except the city clerk, city treasurer, and city attorney, subject to all applicable personnel ordinances, rules and regulations;

D.

Administrative Reorganization of Offices. To conduct studies and effect such administrative reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business;

E.

Ordinances. To recommend to the city council for adoption such measures and ordinances as he deems necessary;

F.

Attendance at Council Meetings. To attend all meetings of the city council unless at his request he is excused therefrom by the mayor individually or the city council, except when his removal is under consideration;

G.

Financial Reports. To keep the city council at all times fully advised as to the financial condition and needs of the city;

H.

Budget. To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval;

I.

Expenditure Control and Purchasing. 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;

J.

Investigations and Complaints. 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;

K.

Public Buildings. To 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;

L.

Additional Duties. 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. 93-01 §1(part), 1993).

A.

Council/Manager Relations. The city council and its members may deal with the administrative services of the city only through the city manager, and but not no individual member of the city council shall give orders or instructions to any department head or any subordinate of the city manager.

Nothing herein shall be construed to limit or in any way restrict the city council or any member thereof from discussing city businesses with any city employee, contractor or official; nor shall the city manager, in any manner whatsoever, directly or indirectly, interfere with the right of the city council or any of its members, to discuss city business with any city employee, contractor or official. Further, city department heads and coordinators shall be encouraged by the city manager to make their reports directly to the city council at city council meetings.

B.

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

C.

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

(Ord. 02-07 §1, 2002: Ord. 93-01 §1(part), 1993).

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 following subsections:

A.

Hearing. All hearings for removal of the city manager shall be held in accordance with Section 54957 of the Government Code of the State of California as it is presently constituted or as it may be amended from time to time.

B.

Suspension Pending Hearing. After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by action of the council passed in accordance with this section.

C.

Action by council. In removing the city manager, the city council shall use its uncontrolled discretion, with or without cause, and its action shall be final and shall not depend upon any particular showing or degree of proof or upon any proof at all.

D.

Limitation on Removal. Notwithstanding the provisions of the 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 days next succeeding any general municipal election held in the city at which election a member of the city council is elected or when a new city councilmember 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 office. After the expiration of said ninety-day period aforementioned, the provisions of this section as to the removal of said city manager shall apply and be effective.

(Ord. 93-01 §1(part), 1993).

The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability. In the event the city manager's absence or disability extends over a two-month period, the city council may, after the two-month period, appoint an acting city manager.

(Ord. 93-01 §1(part), 1993).

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 hereof.

(Ord. 93-01 §1(part), 1993).

Notwithstanding any provisions to the contrary in this code, or in any resolution heretofore adopted by the city council pursuant thereto, the term "city manager" shall include the term "city administrator" and all powers, duties and functions assigned to or dischargeable by the city administrator are assigned to and shall be discharged by the city manager.

(Ord. 93-01 §1(part), 1993).