San Bernardino Municipal Code Ch. 2.02 City Manager

There is created the position of City Manager as required by Article IV of the City Charter. Any and all references to the administrative officer or City Administrator in any ordinances, resolutions and documents of the city shall refer to and mean the City Manager.

(Ord. 2397, passed 11-21-1961; Ord. 2836, passed 8-15-1967; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017)

The City Manager shall have the qualifications and shall be chosen in accordance with Article IV, § 400 of the City Charter by at least five affirmative votes of the Council and Mayor. The City Manager shall devote his or her entire time to the duties of his or her office and shall not engage in any other business or occupation.

(Ord. 2397, passed 11-21-1961; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017)

The City Manager may be discharged by at least five affirmative votes of the Council and Mayor as provided in Article IV, § 400 of the City Charter.

(Ord. 2397, passed 11-21-1961; Ord. 3120, passed 11-10-1970; Ord. MC-839, passed 6-11-1992; Ord. MC-1226, passed 6-7-2006; Ord. MC-1440, passed 4-3-2017)

The salary of the City Manager shall be fixed by the Mayor and City Council and it shall be paid in the same manner and at the same time as the salaries of other city employees. He or she is granted and is entitled to all of the benefits conferred upon city employees relating to sick leave, vacation leave, holidays, medical insurance, workers’ compensation and travel expense, and by the public employees’ retirement system, and any other salary and/or benefits that may be provided by resolution or pursuant to an employment agreement between the city and the City Manager.

(Ord. 2397, passed 11-21-1961; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017)

The Mayor and City Council shall create and maintain positions within the city’s authorized classification and salary list for an assistant city manager and department heads for each of the city’s authorized departments. In order to assist the City Manager in the performance of his or her duties, the City Manager may assign the performance of any of the duties prescribed in this chapter to his or her assistants or department heads. The City Manager may appoint an assistant city manager.

(Ord. 2397, passed 11-21-1961; Ord. 3286, passed 8-24-1972; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017)

(A) The City Manager shall perform the duties set out in Article IV, § 401 of the City Charter, and such other duties as may be assigned to him or her by duly adopted ordinance.

(B) In addition to the authority and duties outlined in Article IV, § 401 of the City Charter, the City Manager shall:

(1) Determine the items and order of such items on the City Council’s meeting agendas, subject to direction from the Mayor and City Council. The City Manager shall include any agenda item requested by the presiding officer of the City Council for discussion and further direction from a majority of the City Council;

(2) Confer regularly with the City Attorney on legal issues; immediately notify the City Attorney of any important legal issues or difficulties that arise to obtain the legal advice of the City Attorney; and carefully consider such advice, understanding that recommendations of the City Attorney are advisory only. Neither the City Attorney, nor employees of the office of the City Attorney, has the authority to issue orders to the City Manager, or any of his or her subordinates; it is the responsibility of the City Manager to ensure that all Manager-directed departments and the employees of those departments perform all of their duties legally and that those departments and their employees are faithful in the observance, adherence and enforcement of all pertinent laws, ordinances and legal requirements in the performance of their duties and in their official conduct;

(3) Sign all contracts, deeds and other documents on behalf of the city when authorized to do so by the Mayor and City Council;

(4) See that all franchises, permits and privileges granted by the city, and the provisions of all contracts to which the city is a party, are faithfully observed;

(5) Consolidate or combine duties, offices, positions, departments or units under his or her direction, after informing and seeking input from the Mayor and City Council within the limits established by the City Charter, this code or the annual budget; provided, however, that nothing herein contained shall be construed to supersede the authority of the Personnel Commission in the matter of disciplinary appeals;

(6) Control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads;

(7) Investigate as necessary all complaints and other matters concerning the administration of the city government. However, as to any complaint or other matter concerning the administration of the City Manager’s office, it shall be referred to outside independent legal counsel for investigation;

(8) Close or restrict access to any and all public property owned or controlled by the city during the pendency of any construction, repair, remedial, maintenance or modification work on public property upon reasonable notice to the public posted at or near the site of the proposed work;

(9) Exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer;

(10) Designate city officers or employees of the city to exercise the powers authorized by the Cal. Penal Code, § 836.5(a), including the issuance of citations for violations of the provisions of the city’s municipal code, pursuant to the Cal. Penal Code, §§ 853.5 and 853.6. He or she is also responsible for general policy supervision of the public safety functions and primary liaison between these departments and the City Council;

(11) Ensure the preparation, posting and publication of City Council meeting agendas and of other commission and committee agendas in compliance with the law, as well as maintenance of the books and records of the city;

(12) Ensure that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager, or his or her authorized representative. The City Manager, or his or her authorized representative, shall purchase or cause to be purchased all supplies for all departments of the city, consistent with the terms of the city’s purchasing system set forth in Chapter 3.04 of this code, and within the spending limits imposed by the City Council by resolution or as authorized by the City Council;

(13) Make such administrative rules and regulations as the City Manager deems necessary for the orderly administration of the various departments of the city; and

(14) Ensure that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager, or his or her authorized representative. The City Manager, or his or her authorized representative, shall purchase, or cause to be purchased, all supplies for all departments of the city, consistent with the terms of the city’s purchasing system set forth in Chapter 3.04, and within the spending limits imposed by the City Council by resolution or as authorized by the City Council.

(Ord. 2397, passed 11-21-1961; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017; Ord. MC-1516, passed 5-1-2019)

The City Manager, or his or her designated representative, is authorized to file and prosecute actions on behalf of the city in the small claims courts of the state. The City Manager, or his or her designated representative, is authorized to reduce the claim of the city by an amount not in excess of the jurisdictional maximum amount of a small claims court.

(Ord. 2397, passed 11-21-1961; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017)

(A) In accordance with the City Charter, § 306(d), neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager.

(B) The City Manager shall not unreasonably restrict the ability of the Mayor or any Council member to make inquiries directly to officers and employees under the supervision of the City Manager. In accordance with the City Charter, § 401(d), the City Manager shall ensure that the Mayor and Council members are fully informed on all aspects of important emerging issues, and shall provide timely and complete responses to inquiries from the Mayor or Council members. The City Manager shall not withhold relevant and material information from the Mayor or Council members.

(Ord. 2397, passed 11-21-1961; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017; Ord. MC-1516, passed 5-1-2019)

In order to most effectively ensure that the council-manager form of government works properly, the Mayor and City Council will jointly develop clear expectations of the City Manager and hold him or her accountable by conducting performance evaluations at least once a year.

(Ord. 821, passed 8-9-1921; Ord. 3883, passed 11-20-1979; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017)

[Reserved]

(Repealed by Ord. MC-1440, passed 4-3-2017)