San Fernando Municipal Code Div. 2 City Manager

Footnotes:

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Editor's note— Ord. No. 1627, § 2, adopted July 15, 2013, amended former Div. 2, §§ 2-116—2-132, in its entirety to read as herein set out. Former Div. 2 pertained to the city administrator and derived from the Code of 1957, §§ 2.10—2.26.

The office of city manager is created and established, pursuant to Government Code section 34851, et seq. The city manger shall be appointed by the city council on the basis of administrative and executive ability and such other qualifications as the city council may deem necessary for the orderly conduct of the city's business and affairs. The city manager shall hold office at the pleasure of the city council and need not be a resident of the city.

(Ord. No. 1627, § 2, 7-15-2013)

Any and all references in the San Fernando Municipal Code and other city agreements, policies, procedures, or other relevant city document to the city administrative officer, city administrator, or other administrative designee serving pursuant to the city's previous city administrator form of government shall now mean and refer the to the city manager as established in this division.

(Ord. No. 1627, § 2, 7-15-2013)

When a vacancy occurs in the office of city manager, the council shall, within five (5) days after such office becomes vacant, appoint an acting city manager from the officers or department heads of the city, until a new permanent city manager is appointed by the city council in accordance with section 2-116.

(Ord. No. 1627, § 2, 7-15-2013)

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 acting city manager during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager and his failure to so appoint an acting manager, the city council may designate a qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager.

(Ord. No. 1627, § 2, 7-15-2013)

The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and such compensation shall be a proper charge against such funds of the city as the council shall designate. 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 direction of the city council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested has been presented to the city council or designee for approval.

(Ord. No. 1627, § 2, 7-15-2013)

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 division. The city manager shall be responsible for the efficient administration of all affairs of the city, which are under his or her control. In addition to the general powers as administrative head of the city government, and not as a limitation thereon, the city manager shall be expected to, and shall have the power to:

(1) Enforce all laws and ordinances of the city and to see that all franchises, contracts, permits, and privileges granted by the city council are faithfully observed;

(2) Appoint, remove, promote, and demote any and all officers and employees of the city (including city department heads) except elected officers and the city attorney, subject to all applicable personnel rules and regulations which may be adopted by the city council;

(3) Control, order, and give directions to all department heads who are subject to his or her appointment and removal authority and to subordinate officers and employees of the city under his or her jurisdiction through their department heads;

(4) Conduct studies and effect such organization and reorganization of offices, positions, or units under his or her direction as may be indicated in the interest of efficient, effective, and economical conduct of the city's business;

(5) Recommend to the city council for adoption such measures and ordinances as he or she deems necessary;

(6) Attend all meetings of the city council unless excused therefrom by the mayor individually or the city council as a whole, except when his or her removal is under consideration;

(7) Prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval;

(8) Keep the city council at all times fully advised as to the financial condition and needs of the city;

(9) Make investigations into the affairs of the city and any department or division thereof and any contract or other obligation of the city; and further to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city;

(10) Exercise general supervision over all public buildings, public parks, and all other public properties which are under the control and jurisdiction of the city;

(11) Have the same authority as the mayor, as the convenience of the parties may dictate, to sign documents specified in Government Code section 40602 whenever such documents have been approved by the city council for execution by resolution, motion, minute order, or other appropriate action; and

(12) Perform such other responsibilities and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the city council.

(Ord. No. 1627, § 2, 7-15-2013; Ord. No. 1695, § 2, 6-1-2020)

(a) This section shall be subject to any and all policies, compensation schedules or other standard employment guidelines developed by the city council.

(b) The city manager's appointment of department heads authorized in subsection (2) of section 2-121 above, shall be subject to the policy set forth in this section.

(c) "Department heads" shall mean any executive/managerial employee of the city who is not a represented member of a bargaining unit, including all persons excluded from civil service pursuant to subsections (3) and (4) of section 2-243 of the San Fernando Municipal Code.

(d) It is the responsibility of the city manager to ensure that all applicants are treated fairly and to ensure that the procedures outlined herein are followed. The city manager shall be responsible for initiating department head recruitment.

(e) Upon the city manager's initiation of recruitment for a department head, he or she shall use all available, timely and cost effective means of recruiting qualified applicants, including the advertisement of a job announcement for the open position for a period of at least ten days through newspapers, trade publications and other media that the city manager may deem appropriate.

(f) Minimum qualifications shall be described in job announcements for each position advertised and shall be established by the city manager, in consultation with the human resources director or designee.

(g) If no applicant meets the minimum qualifications, the city manager may interview the most qualified candidates for the position or re-advertise the position.

(h) Applications timely submitted shall be screened within 60 days after the deadline for application submission, to determine if the applicant meets the minimum requirements.

(i) Within 30 days after the conclusion of the screening applications, the city manager shall conduct interviews of at least the top five candidates that are deemed by him or her to be the best qualified and shall, in his or her sole discretion, appoint the successful candidate. The city manager may select a candidate from among the initial five persons interviewed but reserves the right to interview others from the pool of persons who have submitted employment applications and may select a candidate from such other persons interviewed.

(j) Any agreements made pursuant to this section that exceed the city manager's contract authority set forth in Subdivision III (Contracts for Consultants or Special Services) of Division 6 (Purchasing) of Article VI (Finance) of Chapter 2 (Administration) of the San Fernando Municipal Code shall be subject to city council approval.

(k) The city council reserves he right to adopt additional policies for the recruitment and compensation of executive and managerial employees.

(Ord. No. 1627, § 2, 7-15-2013)

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, and neither the city council nor any member of the city council shall give orders to any subordinates of the city manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions, or instructions to any member of the administrative staff. Such staff members shall provide all information reasonably requested by any councilmember. The city manager shall take 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. The city council shall instruct the city manager in matters of policy. Any action, determination, or omission of the city manager shall be subject to review by the city council. The city council may not overrule, change, or modify any such action, determination, or omission except by the affirmative vote of at least three members of the city council.

(Ord. No. 1627, § 2, 7-15-2013)

It shall be the duty of all subordinate officers, the city attorney, city clerk and city treasurer to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

(Ord. No. 1627, § 2, 7-15-2013)

It shall be the duty of the city manager to attend all meetings of the city council, unless excused therefrom. He may participate in council deliberations but shall not have a vote.

(Ord. No. 1627, § 2, 7-15-2013)

The city manager may attend any and all meetings of the planning commission and any other commission, board or committee created by the city council, upon his own volition or upon direction of the city council. At any such meeting which the city manager attends, he shall be heard by such commission, board or committee as to all matters upon which he wishes to address the members thereof. He shall inform such members as to the status of any matter being considered by the city council pertaining to that commission, board or committee, and he shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the city council.

(Ord. No. 1627, § 2, 7-15-2013)

The removal of the city manager shall be effected only by a majority vote of the council as then constituted.

(Ord. No. 1627, § 2, 7-15-2013)

Nothing in this division shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provision of this division.

(Ord. No. 1627, § 2, 7-15-2013)