San Marino Municipal Code Art. 03 City Manager

The position of City Manager for the City is hereby created and established. (Ord. 951, 3-8-89)

The City Manager shall be appointed solely on the basis of his/her executive and administrative qualifications and ability.

No person elected to membership on the City Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed from the time the person has ceased to be a member of the Council.

Residence in the City shall not be required as a condition of appointment to the position of City Manager. (Ord. 951, 3-8-89)

The City Manager shall be appointed by a majority vote of the City Council and shall hold the office at and during the pleasure of the Council. (Ord. 951, 3-8-89)

The City Manager shall be the administrative head of the City government under the direction of the Council, except as otherwise provided in this Chapter. He/she shall be responsible for the efficient administration of all the affairs of the City which are under his/her control, including the responsibility for actions performed under delegated authority. In addition to the general powers as administrative head, and not as a limitation thereon, it shall be the City Manager's duty and he/she shall have the power for:

A. Enforcement of Laws: To see that 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 and Removal of Employees: To appoint, promote, reclassify, demote or otherwise discipline and remove any officer or employee of the City, except as provided for in this Chapter. The City Manager may not appoint to nor remove from office the head of a department as identified in this Chapter without concurrence of the Council.

C. Control of Employees: To control, order and give direction to all heads of departments, subordinate officers and employees of the City, to transfer employees from one department to another, to consolidate or combine offices and positions and to consolidate departments or units of government with the approval of the Council 1 .

D. Control Over Departments: To exercise control over all departments and department operations of the City government.

E. Attendance at Council Meetings: To attend all meetings of the City Council unless excused therefrom by the Council.

F. Attendance at Commission and Board Meetings: To attend meetings of any commission or board established in the City and to provide assistance when requested. Nothing contained in this subsection shall be deemed to grant the City Manager the power to control any board or commission.

G. Recommend Ordinances and Resolutions: To recommend to the Council for adoption such measures, resolutions or ordinances as he/she deems necessary or expedient.

H. Advise as to Finances: To keep the Council advised as to the financial conditions and needs of the City.

I. Preparation of Budget: To prepare, submit and recommend to the Council the annual operating and capital improvements budget.

J. Preparation of Salary Plan: To prepare, submit and recommend to the Council a salary plan for all appointed officers and employees of the City.

K. Preparation of Personnel Policies and Standards: To prepare, submit and recommend to the Council personnel rules and regulations, position classifications, salary and benefit plans, and memorandums of understanding with recognized employee associations.

L. Approval of Purchases 2 : To approve the purchase of all goods and services for all departments or divisions of the City for which the Council has made an annual budget appropriation. To make emergency purchases of items when, in the opinion of the City Manager, the purchase is required for the operation of the government and when the concurrence of one member of the Council has been obtained. No warrant shall be submitted or recommended to the Council except on report or approval of the City Manager.

M. Investigation of City Affairs: To make investigations into the affairs of the City and any department or division thereof and to assure the proper performance of any contracts or obligations to which the City is a party.

N. Approval of Bonds: To approve, with the advice of the City Attorney, the bonds of contractors and bidders when such bonds are required.

O. Investigation of Complaints: To investigate all complaints in relation to matters concerning the administration of City government and in regard to the service maintained by public utilities in the City.

P. Supervision of Public Property: To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the City and not specifically delegated to any other particular board or officer.

Q. Signatory to Contracts and Agreements: To sign Council contracts, agreements and obligations as representative of the Council and the City, except when the signature of the Council is required by law or by specific direction of the Council.

R. Represent the City: To represent the City in discussions of administrative and policy matters between the City and the County, State and Federal governments.

S. Leadership in Civic Movements: To provide leadership for civic movements benefiting the residents of the City when so authorized by the Council.

T. Devotion of Time to Duties: To devote his/her entire time to the duties of the office and the interests of the City.

U. Performance of Delegated Duties: To perform such other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance or resolution of the Council. (Ord. 951, 3-8-89; 1994 Code)

The City Manager shall serve as an advisor to the Planning Commission 1 and the Library Board 2 and all boards and commissions established by the Council. (Ord. 951, 3-8-89)

The powers and control of the City Manager shall not be applied to the City Attorney, City Treasurer or the members of the Planning Commission, Library Board or other boards or commissions established by the Council unless such authority is specifically granted thereto by the Council. (Ord. 951, 3-8-89)

Any power or authority assigned to the City Manager pursuant to the City Code, except the power to hire or fire a department head, may be delegated by the City Manager to an appropriate designated representative. Such delegation of authority shall not absolve the City Manager of his/her responsibilities under this Code. (Ord. 951, 3-8-89)

The City Manager shall be covered by a public employee surety bond in an amount determined by the Council and shall be conditioned on the faithful performance of the duties imposed on the City Manager as prescribed by this Article. (Ord. 951, 3-8-89)

In case of temporary, short-term absence of the City Manager, the City Manager shall designate a duly qualified person to perform the duties of City Manager during the period of absence. In the case of disability or other longer absence of the City Manager, the Council may designate a duly qualified person to perform the duties of City Manager until such time as the City Manager shall return to his/her duties. (Ord. 951, 3-8-89)

The removal of the City Manager shall only be on a majority vote of the whole Council. In case of his/her intended removal by the Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove him/her and the reasons therefor, at least thirty (30) days before the effective date of his/her removal. Within seven (7) days after the delivery to the City Manager of such notice, he/she may, by written notification to the City Clerk, request a public hearing before the Council. Thereafter, the 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 the City Manager may appear and be heard. After furnishing the City Manager with written notice of intended removal, the Council may suspend him/her from duty, but his/her compensation shall continue until removal by resolution of the Council passed subsequent to the aforesaid public hearing if such a hearing is requested or, if no hearing is requested, following the thirty (30) day period. In removing the City Manager, the Council shall use its sole discretion, and its action shall be final and shall not depend upon any particular showing or degree or proof at the hearing, the purpose of which is to allow the City Manager to publicly present to the Council his/her ground of opposition to removal prior to its action. (Ord. 951, 3-8-89)