Pinole Municipal Code Ch. 2.04 City Manager

* For statutory provisions regarding the City Manager form of government, see Gov. Code §§ 34851 – 34859.

Prior ordinance history: Ord. 278.

The office of the City Manager of the city of Pinole is established. 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. 01-100 § 1(part), 2001).

Residence in the city at the time of appointment of a City Manager shall not be required as a condition of the appointment, but within one hundred eighty days after reporting for work the City Manager must become a resident of the city unless the City Council approves his or her residence outside the city. (Ord. 01100 § 1(part), 2001).

No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such councilmember has ceased to be a member of the City Council . (Ord. 01-100 § 1(part), 2001).

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. 01-100 § 1(part), 2001).

The assistant City Manager shall serve as manager pro tempore during any temporary absence or disability of the City Manager. In the event there is no assistant City Manager, the City Manager, by filing a written notice with the City Clerk, shall designate a qualified city employee, with concurrence of City Council , to exercise the powers and perform the duties of City Manager during his or her 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. 01-100 § 1(part), 2001).

The City Manager shall receive such compensation as the City Council shall from time to time determine, as reflected in an employment agreement between the City Manager and the city, of the type contemplated by Section 2.04.260, herein. (Ord. 01-100 § 1(part), 2001).

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 or she shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her 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 Sections 2.04.080 through 2.04.190. (Ord. 01-100 § 1(part), 2001).

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. 01-100 § 1(part), 2001).

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 or her jurisdiction through their department heads. (Ord. 01-100 § 1(part), 2001).

It shall be the duty of the City Manager to employ, discipline or remove all heads of departments and all subordinate officers and employees of the city, to transfer employees from one department to another, and to consolidate or combine offices, positions, or departments under this jurisdiction; however, nothing contained in this chapter shall apply to the City Clerk, City Treasurer, or City Attorney; provided further, the authority given the City Manager under the terms of this section shall be subject to any civil service or personnel system now or hereafter established by ordinance. (Ord. 01-100 § 1(part), 2001).

It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative 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. 01-100 § 1(part), 2001).

It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as he or she deems necessary. (Ord. 01-100 § 1(part), 2001).

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 or her removal is under consideration. (Ord. 01-100 § 1(part), 2001).

It shall be the duty of the City Manager to keep the Council at all times fully advised as to the financial conditions and needs of the city. (Ord. 01-100 § 1(part), 2001).

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. 01-100 § 1(part), 2001).

A. It shall be the duty of the City Manager to see that no expenditure shall be submitted or recommended to the City Council except on approval of the City Manager or his or her authorized representative. The City Manager, or his or her authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

B. Any purchase or contract whose cost to the city exceeds forty-five thousand dollars ($45,000) shall be authorized by resolution of the City Council.

C. The City Manager may approve purchases or contracts whose costs to the city are forty- five thousand dollars ($45,000) or less, provided that the purchase or contract is authorized in the budget approved by the City Council. Those purchases and/or contracts not contained in the budget, regardless of cost, shall be approved by resolution of the City Council.

D. This section does not apply to public projects subject to the provisions of Pinole Municipal Code Chapter 3.34 or the Local Agency Public Construction Act, Public Contract Code §§ 20100 through 22178, as amended, or any other law relating to competitively bid public projects.

(Ord. 2017-02 § 2, 2017; Ord. 2016-05 § 1, 2016; Ord. 2004-14 § 1, 2004)

It shall be the duty of the City Manager to make investigations into the affairs of the city and any department or divisions 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 the city. (Ord. 01-100 § 1(part), 2001).

It shall be the duty of the City Manager 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 . (Ord. 01-100 § 1(part), 2001).

A. 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 or her from time to time by ordinance or resolution or other official action of the City Council .

B. It shall be the duty of the City Manager to serve as personnel officer under Section 2.48.030 of this code.

C. It shall be the duty of the City Manager to serve as director of emergency services.

D. It shall be the duty of the City Manager to serve as executive director of the redevelopment agency. (Ord. 01-100 § 1(part), 2001).

The City Council and its members shall deal with the administrative services of the city through the City Manager, and no member of the City Council 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 on matters requiring City Council approval only when sitting in a duly convened meeting of the City Council.

(Ord. 2023-06 § 2, 2023; Ord. 01-100 § 1(part), 2001).

It shall be the duty of all subordinate officers and the City Clerk, city auditor, City Treasurer, and City Attorney to assist the City Manager in administering the affairs of the city efficiently, economically and harmoniously. (Ord. 01-100 §1(part), 2001).

The City Manager may attend any and all meetings of the planning commission, recreation and park 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, boards or committees as to all matters upon which he or she wishes to address the members thereof, and he or she shall inform the 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. 01-100 § 1(part), 2001).

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. The terms of and basis for such removal shall be in accordance with the provisions of an employment agreement between the City Manager and the city, as contemplated by Section 2.04.260, herein. (Ord. 01-100 § 1(part), 2001).

Notwithstanding the provisions set forth in Section 2.04.230, the City Manager shall not be removed from office, other than for misconduct in office as described in an employment agreement between the City Manager and the city, as contemplated by Section 2.04.260, during or within a period of ninety days next succeeding any general municipal election held in the city at which election a new member of the City Council is elected or when a new City Council member 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 the ninetyday period mentioned in this section, the provisions of said employment agreement as to the removal of the City Manager shall apply and be effective. (Ord. 01-100 § 1(part), 2001).

No less frequently than once each year, the City Council shall meet to conduct a review and evaluation of the City Manager. The review and evaluation shall be in accordance with specific criteria developed by the City Council in consultation with the City Manager. (Ord. 01-100 § 1(part), 2001).

Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental employment agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provision of this chapter. (Ord. 01-100 § 1(part), 2001).

The office of City Manager is specifically excluded from the civil service or personnel system of the city, and the City Manager shall not be entitled to the benefits, advantages or protection of the civil service or personnel system of the city. He or she shall not be subject to the procedures outlined or prevailing in the system. (Ord. 01-100 § 1 (part), 2001).