Pismo Beach Municipal Code Ch. 2.08 City Manager

There is created in the service of the city the position of city manager. The city manager shall be a person selected by the council solely on the basis of his executive and administrative qualifications, with special reference to his actual experience in and knowledge of accepted practice in respect to the duties of his office as set forth in this chapter. (Ord. 95-07 § 2 (part), 1995; prior code § 2.08.010)

No person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed after he has ceased to be a member of the council. (Ord. 95-07 § 2 (part), 1995; prior code § 2.08.020)

The city manager shall be appointed by the council and shall hold office for and during the pleasure of the council. Removal of the city manager shall be only by a vote of at least three members of the council and shall be subject to the following provisions:

A. At any meeting where the question of retention or removal of the city manager is considered, the city manager shall have the right to present such evidence in his own behalf as he may desire; but the council shall use its uncontrolled discretion in making the decision, and its action shall be final and shall not depend on any particular showing or degree of proof.

B. The city manager shall notify the council at least thirty days in advance of intended resignation. Failure to do so may be grounds for withholding any payments due him for his services. This provision may be waived by a majority vote of council. (Ord. 97-07 § 2, 1997)

A. The city manager shall receive such compensation and expense allowances as the council shall, from time to time, determine, and said compensation and expenses shall be a proper charge against such funds of the city as the council shall designate.

B. The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties, or incurred when travelling on business pertaining to the city under direction of or within the express consent of the council; reimbursement shall be made only in accordance with an itemized claim setting forth the sums expended or obligations incurred in the manner provided by the council for the presentation of claims for reimbursement of expenses of other city officers and employees. (Ord. 95-07 § 2 (part), 1995; prior code § 2.08.040)

The city manager shall be the administrative head of the government of the city, under the direction and control of the council. He shall be responsible for the efficient administration of all of 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 power:

A. General Supervision. To execute on behalf of the council its administrative supervision and control of such affairs of the city as may be placed in his charge, or which are not otherwise provided for by the council;

B. Personnel and Organization. In the City Manager's duties as personnel officer, to appoint competent, qualified officers and employees to the administrative service and department head employees (which terms together are inclusive of all positions excepting the city attorney) and to dismiss, suspend, and discipline such officers and employees in accordance with such policies as may from time to time be set forth by the council, provided, however, the power to appoint or terminate department head employees, including but not limited to the assistant city manager, city treasurer/administrative services director, chief of police, fire chief, community development director, and public works director, shall only be effective upon confirmation by the council; to transfer employees from one department to another, consistent with the policies of the council; to recommend to the council such reorganization of officers, departments or divisions as may be indicated in the interest of efficient, effective, and economical conduct of the city's business, and to effect such reorganization when authorized by appropriate ordinance, resolution or motion of the council;

C. Authority Over Officers and Employees. To control, order, give directions to and to ensure the cooperation of all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads;

D. Custodian of City Property.

1. To immediately upon taking office, and annually thereafter, inventory and appraise the value of all real estate, buildings, furnishings and fixtures, supplies and movable property of every kind and nature belonging to the city; and to require each officer or department head to inventory the same or any portion thereof and maintain a perpetual inventory. One copy of such annual inventory shall be filed with the council and one with the city clerk,

2. To act as and be custodian of all city property, custody of which has not otherwise been provided for;

E. Shift Work. To temporarily direct any department or division of the city to perform work for any other department, division or office of the city, unless otherwise precluded by law;

F. Compensation Plan. To prepare and to recommend to the council from time to time desirable revisions of the compensation plan of the city;

G. Aid Council. To attend meetings of the council and to report upon and discuss any matter concerning the affairs of the departments, services or activities under his supervision upon which, in his judgment, the council should be informed, or upon which his views or opinions are requested by the council.

It is not intended by this section to restrict unduly the privilege of any department head or other employee from addressing the council directly, provided that said party first directs the issue to the city manager;

H. Carry Out Council Decisions. To carry out on behalf of the council its policies, rules, regulations and ordinances relating to the administration of the affairs of the city, its departments, divisions and services;

I. Budget. To supervise the preparation of a detailed proposed municipal budget, and submit the same to the council before the fifteenth day of May each year, and to offer his recommendations as to such increases, decreases, cancellations, transfers or changes in any of the items included in said proposed budget as in his judgment should be made before adoption of the final budget; to be responsible for the administration of the budget after its final adoption; to keep the council informed with respect thereto and to make such recommendations to the council or board of equalization regarding the annual assessment roll as he may deem advisable;

J. Purchasing. As agent for the council, to exercise the power of approval or rejection of expenditures for all

departments, divisions, services and offices of the city government, in accordance with the municipal budget adopted by the council, or to designate some other officer or employee of the city to so act;

K. Public Improvements. To develop and organize public improvement projects and programs, and to aid and assist the council and the various departments, services and offices of the city in carrying the same through to a successful conclusion;

L. Recommendations to Council. To recommend to the council for adoption such measures and ordinances as he deems necessary or expedient;

M. Studies and Reports. To make such surveys, studies, reports and recommendations as he may deem desirable on any matter affecting the interest of the people or city as may be requested by the council;

N. Council Agenda. To prepare the agenda for all regular, special or adjourned meetings of the council, in accordance with the ordinances establishing rules for the council;

O. Other City Offices. To serve in any appointed office within the city government to which he may be qualified, when appointed thereto by the council and to hold and perform the duties thereof at the pleasure of the council and without further compensation except as expressly provided by the council at the time of such appointment or thereafter;

P. Mail. To receive and open all mail addressed wholly or in part to the council, the mayor, or mayor pro tem by title only, and not by rank, and to give immediate attention thereto, to the end that all administrative business referred to in such communications and not necessarily requiring action by the council may be disposed of in an expeditious manner; provided, that all actions taken pursuant to such communications shall be reported to the council at its next regular meeting thereafter, or by separate communication to each member of the council. All personal mail shall be deposited in the appropriate box date-stamped, but unopened;

Q. Enforcement of Laws. To see to the enforcement within the city of the laws of the state, and of all laws and ordinances of the city;

R. Contracts, Franchises, Etc. To investigate and see to the faithful performance and observation of all contracts of the city, and of all franchises, permits, licenses and privileges granted by the city and to report any and all violations to the council;

S. Citizen Complaints. To investigate all complaints in relation to matters concerning the administration of the city government; to adjust all proper grievances within the scope of authority provided by the city laws and policies, and to report to the council all injustices suffered by reason of defects or omissions in the laws, policies or practices of the city which he is not authorized to rectify;

T. Public Property. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the council, when the general supervision thereof is not specifically delegated to a particular officer; and to exercise general supervision over all privately owned public utilities operated within the city so far as the same are subject to municipal control;

U. Community Relations. To explain to the public the actions, purposes and policies of the city government;

V. Community Projects. To cooperate within lawful limits with all community organizations whose aim and purpose it is, in whole or in part, to advance the spiritual and material interests of the city and its people, and to provide them, within lawful limits, with assistance in such aim and purpose through the city government;

W. Contracts. To execute in the name of the council and the city, any contract authorized or approved by the council, unless the council shall expressly provide for another manner of execution of such contract;

X. Appearance Before Subordinate Agencies. To appear before and address any commission or agency appointed by the council whenever he deems it advisable and whenever the interests of the city so require;

Y. Other Duties and Powers. To perform such other duties and exercise such other powers as are necessarily incident to the above powers or as may be assigned or delegated to him from time to time by action of the council. (Ord. O-2025-002 § 4, 2025; Ord. 02-08, 2002; Ord. 95-07 § 2 (part), 1995; prior code § 2.08.050)

A. The 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 council, nor any member thereof, shall give orders to any officer or employee of the city under the supervision of the city manager. The city manager shall take his orders and instructions only from the council as a body, and no individual member of the council shall give any orders or instructions to the city manager. Any subordinate officer or employee receiving orders or instructions contrary to this section shall report the same in writing immediately thereafter to the city manager, and the city manager shall promptly forward a copy or summary of such report to each member of the council. He shall likewise promptly advise each member of the council of any orders or instructions received by him contrary to this section.

B. It is not intended by this section to restrict unduly the privilege of a member of the council of requesting of the city manager, but not of any other officer or employee under his supervision, to prepare a report dealing with city business or municipal affairs, if such report can be compiled without undue dislocation of city activities and without the expenditure of considerable quantities of time by city personnel. (Ord. 95-07 § 2 (part), 1995; prior code § 2.08.060)

The city manager shall not attempt to establish general policy which it is the province of the council to determine, nor shall he attempt to commit or bind the council, or any member thereof, to any action, plan or program requiring official council action. It is not intended by this chapter to grant any authority to, or impose any duty upon the city manager which is now or may hereafter be vested in or imposed by general state law on any other city commission, department, officer or employee. (Ord. 95-07 § 2 (part), 1995; prior code § 2.08.070)

In the discharge of his duties as city manager, the person holding such position shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his contacts with the public, with the council and with all city commissions, boards, departments, officers and employees, and shall use his best efforts to establish and maintain a harmonious relationship among all personnel employed in the government of the city, to the end that the highest possible standards of public service shall be continuously maintained. (Ord. 95-07 § 2 (part), 1995; prior code § 2.08.080)

A. In order to provide for the performance of the city manager's duties during a temporary absence or disability, the city manager shall designate in writing a qualified officer of the city to so act, to be known as the "acting city manager." In the event of failure or inability of the city manager to make such designation, the following officers of the city shall succeed the city manager, respectively, in responsibility for performance of the city manager's duties, until such time that either 1) the city manager returns to duty or 2) the city council has appointed another acting, interim, or permanent city manager, whichever occurs first.

• 1. First successor: Assistant City Manager/Management Services Director
• 2. Second successor: Police Chief
• 3. Third successor: Public Works Director
• 4. Fourth successor: Community Development Director
• 5. Fifth successor: Administrative Services Director
• 6. Sixth successor: Tourism and Events Director

B. The acting or interim city manager designated in accordance with this section to act during the absence or disability of the city manager shall exercise all powers and carry out all duties of the city manager, excepting that no officer or employee of the city shall be appointed, removed, promoted, demoted, suspended, or otherwise disciplined by the acting city manager without the prior approval of the city council. (Ord. O-2025-002 § 5, 2025; Ord. O-2020-001, § 3, 2020)