Ridgecrest Municipal Code § 2-109 Department head relations

Footnotes:

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State Law reference— City manager, Government Code § 34851 et seq.

(a) The city manager shall be appointed by the council and shall hold office at the will of the council.

(b) The council finds and determines the public health, safety and welfare require the city manager to respond promptly to emergencies and such response is not possible unless the city manager resides with the city. Within 180 days after reporting for work, the city manager shall become a resident of the city.

(c) The city manager appoints the acting city manager unless the city manager position is vacant. If the city manager position is vacant the acting city manager shall be appointed by the council.

(d) The city manager and acting city manager shall be covered by the city's public employees' blanket bond.

(e) No member of the council shall be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the council.

(Code 1980, § 2-4.101; Ord. No. 96-03; Ord. No. 01-07, § 3)

State Law reference— City manager not required to be resident when appointed, Government Code § 34855.

The city manager shall be the administrative head of the government of the city under the direction and control of the council except as otherwise provided in this division. In addition to general powers as administrative head, and not as a limitation thereon, the city manager shall have the following powers and authority:

(1) To enforce the laws and regulations of the city and ascertain that franchises, contracts, permits, and privileges granted by the council are faithfully observed.

(2) To control, order, and give directions to heads of departments and to subordinate officers and employees of the city under the city manager's jurisdiction through their department heads.

(3) To prepare personnel rules and regulations.

(4) To prepare position classification plans, including class specifications and revisions thereof.

(5) To prepare a plan of compensation and revisions thereof, covering all classifications in the competitive service.

(6) To appoint, remove, discipline, promote and demote any employee of the city, except the city attorney, subject to applicable personnel ordinances, rules and regulations.

(7) To conduct studies and effect such administrative reorganizations of offices as may be indicated in the interest of efficient, effective, and economical conduct of the city's business.

(8) To attend all meetings of the council unless excused by the mayor or by the council, except when removal of city manager is under consideration.

(9) To keep the council fully advised of the financial conditions and needs of the city.

(10) To prepare and submit the proposed annual budget and salary plan to the council for its approval.

(11) To ensure that no expenditures are submitted or recommended to the council except on approval or the approval of authorized representative.

(12) 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, and to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the services maintained by public utilities in the city.

(13) To exercise supervision over public buildings, public parks, and other public property which are under the control and jurisdiction of the city.

(14) To perform such other duties and exercise such other powers as may be delegated from time-to-time by ordinance, resolution or other action of council.

(Code 1980, § 2-4.102; Ord. No. 96-03; Ord. No. 01-07, § 3)

(a) All department heads shall report to the city manager.

(b) The city manager shall prepare performance plans for and annually evaluate all department heads and recommend to the city council maximum annual salary for each department head.

(c) The city manager is responsible for the appointment of all department heads subject to the following process:

(1) Developing a job brochure and selection criteria for each vacant position for approval by the city council;

(2) Recruiting for qualified candidates as needed;

(3) Screening candidates by appropriate means to establish an interview pool of an appropriate number of candidates;

(4) Negotiating with the top candidate to determine wages, benefits and conditions of employment;

(5) Overseeing the appropriate background and qualification examination.

(Code 1980, § 2-4.103; Ord. No. 96-03; Ord. No. 01-07, § 3)

The council and individual council members shall deal with the administrative services of the city only through the city manager, except for the purposes of inquiry. Council members shall not give orders or instructions to any subordinate of the city manager. The city manager shall take his orders and instructions from the council only when sitting in a meeting of the council. No individual council member shall give any orders or instructions to the city manager. The council is responsible for evaluating the performance of the city manager.

(Code 1980, § 2-4.104; Ord. No. 96-03; Ord. No. 01-07, § 3)

(a) Subordinates and department heads shall assist the city manager in conducting the affairs of the city.

(b) The city manager may attend any and all meetings of the commissions, boards, or committees created by the council, be heard by such and inform members as to the status of any matter being considered by the council. The city manager shall cooperate with the members of all such commissions, boards, or committees.

(Code 1980, § 2-4.105; Ord. No. 96-03; Ord. No. 01-07, § 3)

(a) The city manager may be removed from office only by a majority vote at a regular meeting of the whole council as then constituted. In the event of proposed removal, the city manager shall be furnished with a 30-day prior written notice. Within seven days of receipt of notice of removal, the city manager may request the council to provide written reasons for the removal. The council shall provide reasons for the removal in writing within seven days after a request by the city manager and at least 15 days prior to the effective date of such removal. After furnishing the city manager with a written notice of intended removal from office, the council may suspend the city manager from duty. Compensation shall continue until removal is final.

(b) The city manager may file a written appeal and request a hearing before the council. The purpose of such hearing being to allow the city manager an opportunity to present to the council grounds of opposition to removal prior to the action of the council.

(c) In removing the city manager the council's action shall be final and shall not depend upon any particular showing or degree of proof at the hearing.

(d) Notwithstanding the foregoing, 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 election at which a member of the council is elected or when a new council member is appointed. The purpose of this provision is to allow any newly elected or appointed member of the council or a reorganized council to observe the actions and ability of the city manager in the performance of the powers and duties of the office. After the expiration of such 90-day period, the provisions of this division providing for the removal of the city manager from office shall apply and be effective.

(e) On the involuntary termination from service of the city manager for other than for willful misconduct in office, the city manager shall receive cash severance pay in a lump sum equal to one months' pay for every year of continuous service, or fraction thereof, as city manager, up to a total of three months' pay. Such pay shall be computed at the highest salary received by the city manager during service with the city. For the purposes of this section, the term "involuntary removal from service" shall include reductions in pay not applicable to all employees of the city.

(Code 1980, § 2-4.106; Ord. No. 96-03; Ord. No. 01-07, § 3)

Nothing contained in this article shall limit the power of the council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment, and the agreement shall prevail with respect to any matter covered by the both the Code and the agreement.

(Code 1980, § 2-4.107; Ord. No. 96-03; Ord. No. 01-07, § 3)