Rancho Palos Verdes Municipal Code Ch. 2.08 City Manager

The office of the city manager of the city is created and established. The city manager shall be hired by the city council and shall hold office at the pleasure of the city council, except as otherwise provided in this chapter.

(Code 1981, § 2.08.010; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

The city manager shall be the administrative head of the municipal city government under the direction of the city council except as otherwise provided in section 2.08.070 (Powers and duties). The city manager shall be responsible for the efficient management of the affairs of the city and shall ensure that the best interests of the residents are maintained at all times.

(Code 1981, § 2.08.020; Ord. No. 596, § 2, 5-2-2017)

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

(Code 1981, § 2.08.030; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

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.

(Code 1981, § 2.08.040; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

When the city manager will be away from the office for more than one day (temporary illness, disability, scheduled absence, etc.), the city council shall be so notified and the deputy city manager or other departmental director, as the city manager may designate in writing filed with the city clerk, shall be designated and delegated acting city manager authority. If the city manager fails to designate an "acting city manager," the acting position shall be filled in the following order: assistant or deputy city manager, then finance director, unless the city council designates a qualified city administrative officer to exercise the powers and perform the duties of manager during the temporary absence or disability.

(Code 1981, § 2.08.050; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

A. The city manager shall receive such compensation pursuant to contract or as the city council from time to time determines by resolution. Said compensation shall be a proper charge against such funds of the city as the city council designates.

B. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred in the performance of their official duties, including those incurred when traveling on business pertaining to the city and as authorized by the city council. Reimbursement shall be made when an itemized claim, setting forth the sums expended and reason for such business for which reimbursement is required, has been presented to and approved by the city council or to such other officer as the city council may designate.

(Code 1981, § 2.08.060; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

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. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under their control. In addition to their general powers as administrative head, and not as a limitation thereon, the city manager shall have the following powers and duties:

A. Ordinances. To enforce all laws and ordinances of the city and see that all franchises, contracts, permits and privileges granted by the city are faithfully observed;

B. Management authority. To maintain management control, and provide direction to all department heads, subordinate officers and employees of the city;

C. Power of appointment and removal. To appoint, remove, promote and demote all city officers and employees, except for elected officials and the city attorney, subject to the following:

(i) Compliance with applicable provisions of the negotiated employee union collective bargaining agreement then in effect;

(ii) All applicable personnel ordinances, rules and regulations; and

(iii) The council advice provisions of section 2.08.095 (Council advice of appointment of certain managers);

D. Administrative organization. To conduct studies and effect such administrative organization or reorganization of offices, positions or units as may be indicated in the interest of efficient, effective and economical conduct of the city's business with concurrence of the city council;

E. Ordinances. To recommend to the city council for adoption such measures and ordinances as deemed appropriate;

F. Council meetings. To participate in meetings of the city council unless excused therefrom by the mayor individually or city council as a whole, except when the removal of the city manager is under consideration;

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

H. Budget. To prepare and submit the proposed balanced annual budget to the city council for consideration and approval;

I. Purchasing agent. To purchase all supplies for all the departments or divisions of the city in accordance with chapters 2.14 (Approval and Execution of Contracts) and 2.44 (Purchasing System) of the RPVMC and to submit such purchases to the city council for approval;

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; to investigate all complaints in relation to matters concerning the administration of the city government and the service maintained by public utilities in the city; to create processes to receive complaints from citizens, vendors, and other aggrieved persons; to report on any investigative activities and make recommendations to the city council. At the city council's discretion, the council may decide to conduct/oversee specific resident, contractor and/or other non-employee complaints and investigations.

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. Other duties. To perform such other duties or exercise such other powers as may be delegated to the city manager from time to time by ordinance, resolution or other official action of the city council.

(Code 1981, § 2.08.070; Ord. No. 19, § 1(part), 1974; Ord. No. 156, § 1, 1982; Ord. No. 588, § 1, 9-6-2016; Ord. No. 596, § 2, 5-2-2017)

The city council and its members shall deal with the administrative service of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. The city manager shall take their 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. However, the city council has ultimate oversight responsibility for the overall operations of the municipal city government and may take any lawful action which shall be deemed necessary to ensure that the city manager and the municipal organization are fulfilling their respective responsibilities as city employees.

(Code 1981, § 2.08.080; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

The administrative heads of the divisions or departments of the city shall report to the city manager and shall assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. They shall be at-will employees without contracts and the terms of their employment shall be established by resolution or ordinance of the council.

(Code 1981, § 2.08.090; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

Without diminishing the city manager's authority over any employees as provided in this chapter, the city council shall exercise an advisory function with respect to the hiring of certain management positions as specified herein. This shall apply to the heads of all administrative departments of the city including the city clerk and the assistant or deputy city manager, if there is one. In considering the recruitment or promotion of any person to any such position, the city manager shall establish the process to recruit and evaluate candidates, and shall determine the top candidates for the position, and shall provide to the city council the materials used to make such determination. The confidentiality of the materials including from the candidate's employer shall be maintained by council members. The city council members may evaluate the final candidates, as determined by the city manager, and shall consult and advise the city manager as to their evaluations of the candidates. The city manager may then select the candidate to be awarded the position. The council may not nominate persons to such positions, nor is the council's consent or approval required to appoint or remove a person from such position, which decision shall continue to be made by the city manager.

(Code 1981, § 2.08.095; Ord. No. 588, § 2, 9-6-2016; Ord. No. 596, § 2, 5-2-2017)

The city manager may attend meetings of any commission, board or committee created by the city council, upon their own volition or upon direction of the city council. At such meetings which the city manager attends, they shall be heard by such commissions, boards or committees as to all matters upon which they wish to address the members thereof, and they shall inform said members as to the status of any matter being considered by the city council, and they shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

(Code 1981, § 2.08.100; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

Any city council member may request that the mayor convene a closed session meeting to discuss the city manager's job performance which meeting shall be noticed in accordance with state law. Should a majority of the members of the city council decide that the city manager's job performance does not meet council expectations, the council may initiate a job performance improvement plan or may terminate the city manager.

(Code 1981, § 2.08.110; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

After furnishing the city manager with written notice of intended removal, which need not provide reasons therefor, the city council may remove the city manager in accordance with section 2.08.140 (Removal—Limitation), or suspend the city manager from duty by placement on administrative leave, but compensation shall continue until reinstatement or removal by a majority of the members of the council.

(Code 1981, § 2.08.120; Ord. No. 596, § 2, 5-2-2017)

The city manager is an at will employee and is subject to removal without cause. Any rights shall be set forth in the city manager's agreement per section 2.08.160 (Agreements on employment). In removing the city manager, the city council shall use its sole discretion and its action shall be final.

(Code 1981, § 2.08.130; Ord. No. 596, § 2, 5-2-2017)

Notwithstanding the provisions of sections 2.08.110 (Removal—Procedure) through 2.08.140 (Removal—Limitation), the city manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general municipal election held in the city at which election a member of the city council is elected. The purpose of this section is to allow any newly elected 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 their office. After the expiration of the 90-day period, the provisions of sections 2.08.110 (Removal—Procedure) through 2.08.140 (Removal—Limitation) as to the removal of the city manager shall apply and be effective.

(Code 1981, § 2.08.140; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

The city manager shall not accept outside employment while employed by the city. The specific terms and conditions of the city manager's employment shall be detailed in a mutually agreed upon employee agreement that is approved by a majority of the city council. Any contract must contain the following:

A. The city manager is an at will employee who can be removed with or without cause, with the grounds for cause specified in the agreement.

B. The city manager can be paid a severance payment for removal without cause at separation not exceeding the equivalent to the monthly salary of the city manager times the number of months remaining on the unexpired term of contract, but not exceeding 18 months, or as otherwise provided in Government Code § 53260, and not including benefits.

C. Any severance payment must be contingent on waiving any claims against the city.

D. The city manager shall be subject to periodic evaluation and review.

E. The city manager shall receive at least the same benefits as generally received by department heads.

(Code 1981, § 2.08.150; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)

Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to take action or exercise its authority in accordance with section 2.08.070 (Powers and duties) or to enter into any supplemental agreement with the city manager delineating additional duties, obligations, policies or terms and conditions of employment consistent with the provisions of this chapter.

(Code 1981, § 2.08.160; Ord. No. 19, § 1(part), 1974; Ord. No. 596, § 2, 5-2-2017)