Port Hueneme Municipal Code Ch. 2 City Manager

The office of City Manager of the City is hereby created and established. The holder of said office shall be appointed by the Council solely on the basis of merit.

No member of the Council of the City shall be eligible for an appointment as City Manager while holding office as a member of the Council, nor within one (1) year after the expiration of that person's term of office as a member of the Council. The City Manager need not be a resident of the City.

The City Manager shall be the administrative head of the City Government under the direction and control of the Council. The City Manager shall be responsible for the efficient administration of all of City affairs under his control. The City Manager shall:

(a) Prepare and submit to the Council the proposed annual budget and proposed annual salary plan, and be responsible for the administration of the budget after its adoption;

(b) Keep the City Council at all times fully advised as to the financial conditions and needs of the city and make recommendations as he may deem appropriate and desirable. Prepare and submit to the Council periodic financial reports;

(c) Prepare administrative rules and regulations necessary or expedient for the general conduct of the administrative offices and all departments of the City;

(d) Be responsible for public relations and the dissemination of information to the citizens of the City;

(e) Attend all Council, Redevelopment Agency and Housing Authority meetings and other meetings as directed by the Council;

(f) Insure that all franchises, permits and privileges granted by the Council are faithfully performed and all due conditions met and observed;

(g) Appoint competent, qualified officers and employees to the City's administrative service;

(h) Dismiss, suspend, remove, promote, demote, transfer and discipline such officers and employees in accordance with the provisions of this Code, regulations adopted pursuant hereto, and after applicable laws;

(i) Employ temporary or part-time employees as required;

(j) Control, order and give directions to all department heads, subordinate officers and employees of the City, excluding the City Clerk and City Treasurer in matters which State law has confided to their exclusive and uncontrolled jurisdiction;

(k) Devote his or her entire time to the duties of his or her office and to the interests of the City;

(l) Perform 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;

(m) Act as the City's purchasing officer and set policies providing for the purchase of all materials, supplies, services, and equipment for which funds are provided in the budget, and prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year;

(n) Recommend such ordinances and resolutions to the Council for adoption as he or she deems necessary or expedient;

(o) Investigate the operation and performance of the City and any department or division thereof and investigate all complaints concerning the administration of the City government, the services maintained by public utilities in the City, and the franchises, permits, or privileges granted to the City;

(p) Exercise general supervision over all public buildings, public parks, and other public property, equipment and supplies under the control and jurisdiction of the Council;

(q) Develop and organize necessary improvement projects and programs and aid and assist the Council and the various departments in carrying the same through to conclusion;

(r) Cooperate with community organizations whose aim and purpose is to advance the Community spirit and material interests of the City and its people;

(s) Receive and open all mail addressed to "The Council" and give immediate attention thereto so that all administrative business referred to in said communications not necessarily requiring councilmanic action may be disposed of between Council meetings; providing that all actions taken pursuant to such communication shall be reported to the Council at its next following regular meeting thereafter.

(Ord. No. 713, §§ 1—4, 3-3-14)

Except as provided in any employment agreement with the City Manager, the City Manager shall serve at the pleasure of the Council, but in no event including pursuant to the terms and conditions of an employment agreement shall the City Manager be removed from office during or within a period of ninety (90) days from the succeeding municipal election at which a member of the Council is elected. At any other time the City Manager may be removed only:

(1) At a regular meeting of the Council; and

(2) By a motion carried by not less than the affirmative votes of three members of the council.

In removing the City Manager, the Council shall use its uncontrolled discretion and such action shall be final and conclusive.

(Ord. 577 § 1, 1992)

The Council shall, from time to time, establish the compensation to be paid to the City Manager, including, but not limited to, appropriate fringe benefits.

The City Manager shall appoint, subject to the approval of the Council, one of the other officers or department heads of the City to serve as Manager pro tempore during any temporary absence or disability of the City Manager. In the event of the absence or disability of the City Manager and his failure to so appoint a Manager pro tempore, the Council may designate some qualified City employee to perform the duties of the City Manager during his or her absence or disability.

Neither the Council nor any member thereof shall give orders to any subordinates of the City Manager. The City Manager shall take instructions from the Council only when sitting in a duly held meeting of the Council.

It shall be the duty of all subordinate officers and employees, including, but not limited to, the City Clerk, the City Treasurer, and the City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously so far as may be consistent with their duties as prescribed by the laws and regulations of the City.

The City Manager shall act as agent for the Council in the discharge of its administrative functions but shall not exercise any policy making or legislative functions whatsoever nor attempt to commit or bind the Council 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 said City Manager which is vested in or imposed by general law or valid City ordinances in any other Commission, board, department, officer or employee except as herein specifically set forth.

In the event of an accident, disaster, or other circumstance creating an emergency, the City Manager may award contracts and make purchases for the purpose of meeting such emergency. He shall file promptly with the Council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.