Plymouth Municipal Code Ch. 2.08 City Manager

The "Council Manager" form of government is hereby adopted pursuant to Government Code Section 34851 and the position of City Manager of the City of Plymouth is hereby established. Except as otherwise provided by ordinance, the policy making functions of City government shall continue to be exercised by the City Council.

(Ord. 2003-05 § 2; Ord. 2008-02 § 1)

The City Manager may be either an employee of the City or an independent contractor, as determined by the City Council. In either event, the City Manager shall serve at the pleasure of the City Council. The City Manager shall be selected wholly on the basis of administrative and executive ability and qualifications and will hold the position at the pleasure of the City Council. No person elected to the City Council is eligible to serve as City Manager until one year has elapsed since he or she ceased to be a member of the City Council. The compensation of the City Manager shall be as determined by the City Council.

(Ord. 2003-05 § 2; Ord. 2008-02 § 1)

Upon request of the City Council, 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 herein prescribed. Any premium for such bond shall be a proper charge against the City of Plymouth.

(Ord. 2008-02 § 1)

The City Manager shall inform the City Council in advance of any planned absences. The City Manager shall recommend for Council approval one of the officers or department heads of the City to serve as acting City Manager/City Manager pro tempore during any temporary absence or disability of the City Manager. The approval of the City Council and the appointment by the City Council of an acting City Manager shall be recorded in the minutes. In case of the absence or disability of the City Manager and failure to recommend an acting City Manager, the City Council may designate a qualified City officer or department head to perform the duties of the City Manager during the period of absence or disability of said City Manager, subject to, upon request of the City Council, the person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed. Any premium for such bond shall be a proper charge against the City of Plymouth.

(Ord. 2008-02 § 1)

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 or elsewhere in the Plymouth Municipal Code. The City Manager shall be responsible for the efficient administration of affairs of the City which are under the Manager's control. The City Manager shall report directly to the City Council and will manage the day-to-day affairs of the City in accordance with the policies and directives of the Council. In addition to these powers, and not as a limitation thereon, the City Manager shall have the duties and powers set forth in Sections 2.08.060 through 2.08.230.

(Ord. 2003-05 § 2; Ord. 2008-02 § 1)

The City Manager is hereby empowered to establish all rules, regulations, and procedures not inconsistent with Federal law, State law, or ordinances, resolutions, and policies of the City, that he or she deems necessary or convenient for the discharge of his or her duties and the functions and operations of the City. The City Manager shall inform the City Council of any such rules, regulations, and procedures.

(Ord. 2008-02 § 1)

The City Manager may delegate to another City employee or officer the authority to perform any act that he or she has been empowered to perform. The City Manager shall inform the City Council of any such delegation.

(Ord. 2008-02 § 1)

It shall be the duty of the City Manager to enforce or cause to be enforced all laws and ordinances of the City and to see that the conditions and terms of all franchises, contracts, permits, and privileges granted by the City Council are faithfully observed.

(Ord. 2008-02 § 1)

It shall be the duty of the City Manager, and the City Manager shall have the authority to manage, supervise, and give directions to all heads of departments under the City Manager's jurisdiction and, through their department heads, to subordinate officers and employees. The City Manager shall be responsible for, supervise, and direct, the functioning of all City departments, personnel, and consultants, other than the City Clerk, City Treasurer, and City Attorney. The City Manager shall be responsible for the evaluation of employees, including granting of step increase in salary. The City Manager shall be responsible for the appointment, removal, promotion, discipline, evaluation, or demotion of all other City employees and/or may authorize department heads to appoint, remove, promote, discipline, evaluate, or demote employees, in accordance with the Personnel Rules of the City and it shall be the duty of the City Manager to inform the City Council of the appointment or removal of any permanent employee at the next regular Council meeting.

(Ord. 2008-02 § 1)

It shall be the duty of the City Manager pursuant to Government Code Section 34856 to appoint, evaluate, and remove all non-elected officers and department heads, excluding the City Attorney. It shall be the duty of the City Manager to inform the City Council in advance of the proposed appointment or removal of any officer or department head.

(Ord. 2008-02 § 1)

It shall be the duty and responsibility of the City Manager to prepare and recommend to the City Council an employee salary plan and an organization chart showing the organization plan for all City departments. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of services, offices, positions or units under the City Manager's direction as may be indicated in the interest of efficient, effective, and economical conduct of the City's business.

(Ord. 2008-02 § 1)

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 or expedient.

(Ord. 2008-02 § 1)

It shall be the duty of the City Manager to attend all meetings of the City Council and Council committees unless excused therefrom by the Mayor or, in the absence of the Mayor, the Vice Mayor.

(Ord. 2008-02 § 1)

It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City. He or she shall cause the preparation of an annual budget for Council approval, make recommendations to the Council for such action as may be necessary, and shall be responsible for the managing of the budget. He or she shall cause the preparation and submission to the Council, as of the end of the fiscal year, of a complete report on the finances and administrative activities of the City for the preceding year.

(Ord. 2008-02 § 1)

It shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government; to make investigations into the affairs of the City, any department or division thereof, any City contract, and the proper performance of any obligations of the City.

(Ord. 2008-02 § 1)

It shall be the duty of the City Manager to exercise general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the City Council.

(Ord. 2008-02 § 1)

Pursuant to the City Council's authority under Government Code Section 40602, the City Manager may sign all warrants drawn on the City Treasury, all written contracts, and conveyances made or entered into by the City, and all instruments requiring the City seal. To issue on behalf of the City all licenses and permits not otherwise provided for by ordinance.

(Ord. 2008-02 § 1)

The City Manager is hereby authorized to approve and execute purchase orders and City warrants and checks for the City, and all divisions and departments thereof, consistent with the procedures provided in Chapter 3.08 of the Plymouth Municipal Code. It shall be the duty of the City Manager to see that no expenditures shall be recommended to the City Council except on approval of the City Manager or authorized representative.

The City Manager is hereby authorized to execute on behalf of the City, without City Council approval, contracts in the amount of $20,000 or less for budgeted items and to delegate this authority in writing to subordinate officers and employees. The City Manager shall submit a quarterly report to the City Council which includes a list of all such contracts entered during the previous three months. No contract shall be split into smaller segments to allow the use of these provisions.

Nothing in this section shall allow departure from Chapter 3.08 of the Plymouth Municipal Code or other City purchasing requirements of the City.

(Ord. 2008-02 § 1; Ord. 2024-03, 2/8/2024)

A. Council-Manager Relations. The City Council shall instruct the City Manager in matters of policy. Any action, determination, or omission of the City Manager shall be subject to review by the City Council. The City Council may not overrule, change, or modify any such action, determination, or omission except by the affirmative vote of at least three members of the City Council. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council, and no individual councilmember shall give any orders or instructions to the City Manager.

B. Administrative Services. The City Council and its members shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry or exchange of information. Neither the City Council nor any member thereof shall give direct orders or instructions to any subordinates of the City Manager.

C. Department Cooperation. It shall be the duty of the City Clerk, City Treasurer, City Attorney, and all subordinate officers to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously.

D. 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. At such meetings, the City Manager shall be heard by such commissions, boards, or committees as to all matters the City Manager wishes to address to the members thereof, and inform the members as to the status of the matter being considered by the City Council. The City Manager shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the City Council.

(Ord. 2008-02 § 1)

It shall be the duty of the City Manager to superintend the construction of all public work done by the City.

(Ord. 2008-02 § 1)

It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or other official action of the City Council.

(Ord. 2008-02 § 1)

The City Council shall meet to conduct a review and evaluation of the City Manager after the first six months of the City Manager's employment. Thereafter, the City Council shall conduct an annual review and evaluation of the City Manager.

(Ord. 2008-02 § 1)

The removal of the City Manager shall be effected only by the affirmative vote of at least three members of the City Council. The terms of and basis for such removal shall be in accordance with the provisions of the employment agreement or contract between the City Manager and the City.

(Ord. 2008-02 § 1)

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 of this chapter.

(Ord. 2008-02 § 1)