San Clemente Municipal Code Ch. 2.08 City Manager

The office of City Manager is hereby established.

(Prior code § 3-4)

The City Manager shall be appointed by the majority vote of the City Council solely on the basis of his or her executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the City Council.

(Prior code § 3-5)

No person elected to membership on the City Council shall, subsequent to such election, be eligible for appointment as City Manager until one (1) year has elapsed after he or she has ceased to be a member of the City Council.

(Ord. 1284 § 1, 2003; prior code § 3-6)

The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be approved by the City Council. Such bond shall be conditioned on the faithful performance of the duties imposed on the City Manager as prescribed in this chapter. The premium on such bond shall be paid by the City.

(Prior code § 3-7)

The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as City Manager pro tempore, during the temporary absence or disability of the City Manager. In the event that the City Manager fails to make such appointment, the City Council may designate a City Manager pro tempore.

(Prior code § 3-8)

The City Manager shall receive such compensation as the City Council shall from time to time determine and fix. Such compensation shall be a proper charge against the funds of the City and the City Council shall designate such funds.

(Prior code § 3-9)

The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the City under the direction of the City Council. Reimbursement shall only be made when a verified itemized claim, setting forth the sum expended for which reimbursement is requested, has been presented to the City Council, and duly approved and allowed by the City Council.

(Prior code § 3-10)

The City Manager shall be the administrative head of the City government under the direction and control of the City Council, except as otherwise provided in this chapter. He or she shall be responsible for the efficient administration of all the affairs of the City which are under his or her control.

(Prior code § 3-11)

In addition to his or her general powers as administrative head, and not as a limitation thereon, the City Manager shall have the following powers and duties:

A. Enforcement of Laws and Ordinances. To see that the laws of the state pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, permits and privileges granted by the City are faithfully observed.

B. Appointment, etc., of Officers and Employees. To appoint, promote, discipline, demote and remove all heads of departments and all subordinate officers and employees of the City, except the City Attorney and City Treasurer; to transfer employees from one department to another and to consolidate or combine offices, positions, departments or units under his or her jurisdiction.

C. Supervision of Departments, Divisions, Officers and Employees. To exercise control over and to supervise in general all departments and divisions of the City government and all appointive officers and employees thereof, except the City Clerk, the City Attorney and the City Treasurer.

D. Attendance at Council Meetings, etc. To attend all meetings of the City Council and its committees, unless excused therefrom by the City Council, except when his removal is under consideration by the City Council. He or she shall have the right to be heard by the City Council, but shall have no vote on any matter before it. He or she may also attend meetings of the Planning Commission, boards and committees appointed by the Mayor or City Council, with the right to be heard, but without any right to vote, unless he shall be named by the City Council to some board or commission with specific authority to vote.

E. Recommendations to Council. To recommend to the City Council for adoption such measures and ordinances as he or she deems necessary or expedient.

F. Advising Council as to Financial Conditions. To keep the City Council at all times fully advised as to the financial conditions and needs of the City.

G. Preparation, etc., of Annual Budget. To prepare and submit to the City Council the annual budget, and to administer it after adoption.

H. Monthly Report; Recommendation of Salary Plan. To prepare and submit to the City Council a monthly report of activities of City agencies, offices and departments, and to prepare and recommend to the City Council a salary plan.

I. Purchase of Supplies. To purchase, or cause to be purchased, all supplies for all of the departments or divisions of the City. No expenditure shall be submitted or recommended to the City Council, except upon report or approval of the City Manager.

J. Investigations of City Affairs, etc. To make investigations into the affairs of the City and any department or division thereof, and any contract or the proper performance of any obligation running to the City.

K. Investigation of Complaints. To investigate all complaints in relation to matters concerning the administration of the government of the City and in regard to the service maintained by public utilities in the City, and see that all franchises, permits and privileges granted by the City are faithfully observed.

L. Supervision of Buildings, Parks, Streets, etc. 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.

M. To Devote Entire Time to Duties. To devote his or her entire time to the duties and interests of the City.

N. Reports and Recommendations. To make reports and recommendations as may be desirable or as requested by the City Council.

O. Enforcement of Rules Concerning City Personnel. To carry out and enforce any City Council policies established with respect to rules and regulations concerning City personnel.

P. Other Duties and Powers. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution of the City Council.

Q. Service in Appointive Offices, etc. In addition to the foregoing duties, the City Manager shall serve in any appointed office to which he or she may be qualified and appointed by the City Council, or may serve as an ex officio member of all boards and commissions to which he or she shall be appointed by the Mayor or City Council, with the right to participate therein, but without right to vote.

R. Allowance and Settlement of Claims. The City Manager or his or her designee shall review all claims filed against the City, its officers, agents or employees pursuant to Government Code Section 900, et seq. The City Manager or his or her designee shall have the authority to deny claims and to compromise any claim by payment of an amount up to the amount approved by resolution of the City Council. The City Manager shall periodically report to the City Council regarding the status of all claims which have been denied or compromised.

S. Approval and Execution of Contracts. Notwithstanding California Government Code Section 40602, to the maximum extent permitted by law, the City Manager or his or her designee shall have the authority on behalf of the City to approve and execute City contracts if the contract amount is consistent with the City's adopted budget and does not exceed $50,000.00.

(Ord. 1332 § 1, 2007; Prior code § 3-12)

(Ord. No. 1724, § 2, 12-21-2021; Ord. No. 1749, § 2, 3-21-2023; Ord. No. 1783, § 3, 12-10-2024)

It shall be the duty of all subordinate officers, including the City Clerk, the City Treasurer and the City Attorney, to cooperate with and assist the City Manager in administering the affairs of the City most efficiently, economically and harmoniously, so far as may be consistent with their duties, as prescribed by law, this code and any other ordinances of the City.

(Prior code § 3-13)

The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry. Neither the City Council nor any members thereof shall give orders to any subordinates of the City Manager.

(Prior code § 3-15)

A. .....The removal of the City Manager shall be only on a majority of the entire City Council, subject to the provisions of the following section. In case of intended removal by the City Council, the City Manager shall be furnished with a written notice, stating the City Council's intention to remove the City Manager and the reasons therefor, at least thirty (30) days before the effective date of the removal.

B. .....Within seven (7) days after delivery to the City Manager of such notice, the City Manager may by written notification to the City Clerk request a public hearing before the City Council. Thereafter, the City Council shall fix a time for the public hearing, which shall be held at its usual meeting place, but before the expiration of the thirty (30) day period, and at which time the City Manager shall appear and be heard.

C. .....After furnishing the City Manager with written notice of intended removal, the City Council may suspend the City Manager from duty, but his or her compensation shall continue until removal by resolution of the City Council, passed subsequent to the public hearing.

D. .....In removing the City Manager, the City Council shall use its uncontrolled discretion. Its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to publicly present to the City Council his or her grounds of opposition to removal prior to its action.

(Prior code § 3-16)

Not withstanding the provisions of the preceding section, the City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding any general municipal election held in the City at which a member of the City Council is elected. The purpose of this provision to allow any newly-elected member to 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 his or her office. After the expiration of the ninety (90) day period, the provisions of the preceding section as to the removal of the City Manager shall apply and be effective.

(Prior code § 3-17)