San Rafael Municipal Code Ch. 2.08 Officers

The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications. No person elected to membership on the city council of the city shall, subsequent to the election, be eligible for appointment as city manager until one year has elapsed after he has ceased to be a member of the council.

(Ord. 423).

The council shall appoint the city manager for an indefinite term and may remove him by a majority vote of its members. At least thirty days before the removal becomes effective, the council shall, by a majority vote of its members, adopt a preliminary resolution stating the reasons for his removal. The manager may reply in writing within ten days after receipt of notice of the preliminary resolution, and may request a public hearing which shall be held not earlier than twenty days nor later than thirty days after the filing of the request. After the public hearing, if one is requested, and after full consideration, the council by majority vote of its members, may adopt a final resolution of removal.

By the preliminary resolution the council may suspend the manager from duty, but shall in any case cause to be paid to the manager forthwith any unpaid balance of his salary and his monthly salary shall continue to be paid for the next three calendar months following adoption of the preliminary resolution until he is reinstated. In the event of removal, the city council may appoint a new city manager within a reasonable time thereafter and must exercise due diligence in naming a successor.

(Ord. 423).

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 by the city charter or by ordinance. He shall be responsible to the city council for the efficient administration of all affairs of the city which are under his control. In addition to the city manager's general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the following power:

(a) To see that all laws and ordinances are duly enforced;

(b) To recommend to the city council the employment, discipline. or removal of all heads of departments and appoint all subordinate officers and employees of the city; to recommend transfer of employees from one department to another, the consolidation or combination of offices, positions, departments, or units under his jurisdiction. The foregoing provisions shall not apply, however, to the positions of city attorney or city clerk, but shall apply to their subordinates, deputies, assistants, and employees in their respective offices and departments. Matters of supervision, discipline, and control of departmental subordinate officers and employees shall be governed by the city's personnel rules and regulations;

(c) To exercise control over all departments and divisions of the city government and over all appointive officers and employees thereof except as herein provided;

(d) To attend all meetings of the council and its committees unless excused therefrom by the council or the committee and except when his removal is under consideration by the council;

(e) To recommend to the council for adoption such measures and ordinances as he deems necessary or expedient;

(f) To keep the city council at all times advised as to the financial conditions and needs of the city;

(g) Prepare and submit to the city council the annual budget;

(h) To prepare and recommend to the city council a salary plan;

(i) To purchase all supplies for all the departments or divisions thereof, and no expenditures shall be submitted or recommended to the city council except upon report or approval of the city manager;

(j) To make investigations into the affairs of the city or any department thereof or any contract, or the proper performance of any obligation running to the city;

(k) To investigate all complaints in relation to all matters concerning the administration of the government of the city and in regard to the service maintained by public utilities in the city, and to see that all franchises, permits and privileges granted by the city are faithfully observed;

(l) To perform such other duties and exercise such other powers as may be delegated by ordinance or motion of the city council. The city manager shall not participate in any city political activities or politics.

(Ord. 1262 § 1, 1977; Ord. 913, 1968; Ord. 669; Ord. 423 § 1).

* Civil service regulations—See Chapter 2.20.

Except for the purpose of inquiry, the city council and its members shall deal with the administrative service solely through the city manager.

(Ord. 423 (part)).

The city manager shall receive such salary as the city council shall from time to time determine and fix by resolution or motion.

(Ord. 423 (part)).

The city manager shall be the purchasing agent of the city. It shall be his duty to make all purchases for and in behalf of the city, provided that in those cases where the charter of the city of San Rafael requires that sealed proposals be called for the council, the city manager shall lay before the council such information as may assist the council in accepting or rejecting the proposals.

(Ord. 423 (part)).

No officer or employee shall incur any indebtedness on behalf of the city unless the power to do so has been expressly conferred upon such officer by the laws of this state, except upon a requisition signed by the city manager. No claim or demand shall be audited or allowed by the council which is not approved by the city manager.

(Ord. 423 (part)).

There is retained to the city council the sole power of being the policy making and legislative body for the city, and the duties and powers of the city manager are expressly confined to the administration service of the city.

The city manager shall act as liaison between the city council and the board of fire commissioners, the park and recreation commission, and the board of library trustees.

(Ord. 889 § 8, 1967: Ord. 423 (part)).

During the absence or disability of the manager, the council may designate some properly qualified person to perform the duties of the office of city manager.

(Ord. 423 (part)).

The city treasurer shall perform such duties as may be prescribed by law, this code, or the charter or ordinances of the city.

(Ord. 1175 § 2, 1974: Ord. 13 (part)).

The city treasurer shall receive such salary as the city council shall from time to time determine and fix by resolution.

(Ord. 1175 § 3, 1974: Ord. 1158 § 1, 1974: Ord. 1001 § 1, 1971: Ord. 867 § 1, 1967: Ord. 770).

The city tax and license collector shall perform such duties as may be prescribed by law, this code, or the charter or ordinances of the city of San Rafael.

(Ord. 1175 § 4, 1974).

The city tax and license collector shall receive such salary as the city council shall from time to time determine and fix by resolution.

(Ord. 1175 § 5, 1974).

The office of the city clerk and city assessor are consolidated, and as so consolidated the office shall be known as the city clerk and assessor.

(Ord. 13 (part)).

* For provisions on consolidation, see San Rafael Charter, Art. VIII § 4.

The city clerk and assessor shall perform such duties as may be prescribed by law, this code, or the charter of ordinances of the city.

(Ord. 13 (part)).

The city clerk and assessor shall receive such salary as the city council shall from time to time determine and fix by resolution.

(Ord. 1158 § 2, 1974: Ord. 1071 § 1, 1972: Ord. 1001 § 2, 1971: Ord. 867 § 2, 1967: Ord. 770 (part)).

The salary of the city attorney shall be set by resolution of the city council.

(Ord. 1523 § 1, 1985: Ord. 1490 § 1, 1984: Ord. 1318 § 2, 1978: Ord. 1171 § 2, 1975: Ord. 1001 § 3, 1971: Ord. 867 § 3, 1967: Ord. 770).

* For provisions regarding duties of city attorney generally, see San Rafael Charter, Art. VIII § 5.

The chief of police of the city shall direct and conduct the department of police under the supervision of the city council and mayor and as provided in all laws and regulations of the city applicable thereto and shall employ and discharge officers and employees of the department only as set forth in the civil service provisions of this code. Chapter 2.20 and in the Civil Service Rules and Regulations adopted and used in connection therewith, and must conduct the department within the annual budget of the department of police as fixed from year to year by the city council.

(Ord. 309).

* For further provisions, see San Rafael Charter, Art. VIII § 6.

The chief of police shall receive such salary as the city council shall from time to time determine and fix by resolution.

(Ord. 1158 § 3, 1974: Ord. 869 § 4, 1967: Ord. 770).

The chief of the fire department shall have and perform the following powers and duties respectively:

He shall have the direct control, supervision and direction of and over the fire department of the city, its quarters, equipment and personnel;

He shall be responsible for the enforcement of the rules and regulations of the department, fixed and adopted by the board of fire commissioners, and he shall have and exercise the power to suspend or remove from service any officer or member of the department for cause, in such manner as is or may be provided for in the civil service provisions of this code (Chapter 2.20), and in the Civil Service Rules and Regulations adopted and used in connection therewith.

The chief of the fire department, or the officer acting in his stead, shall exercise supreme command over the department, its equipment and personnel at all fires or other emergencies involving the use of the fire department, its personnel and/or equipment.

(Ord. 422).

* For provisions authorizing city to have fire department, see San Rafael Charter, Art. III § 19.

The city clerk and assessor, city treasurer and tax collector and city attorney, shall, respectively, before entering upon the duties of their respective offices each execute a bond to the city in the penal sum as follows:

City clerk and assessor .....$ 5,000.00

City treasurer and tax collector .....50,000.00

City attorney .....1,000.00

Each of these bonds shall be conditioned for the faithful performance of the duties of these elective officers, respectively. These bonds shall be approved by the mayor and when approved, shall be filed with the city clerk; except the bond of the city clerk, which shall be filed with the mayor. All the provisions of any law of this state relating to official bonds of officers shall apply to such bonds, except as herein or in the city Charter otherwise provided.

(Ord. 1006 § 1, 1971: Ord. 884 § 1, 1967: Ord. 516).

* Official bonds—See also San Rafael Charter, Art. VI § 5.

The amount of the bonds required of appointed city officials by Section 5 of Article VI of the city Charter shall be in the following penal sums:

Each of these bonds shall be conditioned for the faithful performance of the duties of these appointive officers, respectively. These bonds shall be approved by the mayor. The bonds, when approved, shall be filed with the city clerk. All of the provisions of any law of this state relating to official bonds of officers shall apply to such bonds, except as herein or in the city Charter otherwise provided.

(Ord. 1702 § 2, 1996; Ord. 1006 § 2, 1971: Ord. 883 § 1, 1967: Ord. 516).

The premium or charge for bonds given by surety companies for any official of the city, shall be paid for by the city, provided, however, that no premium or charge shall exceed one-half of one percent per year on the amount of the bond.

(Ord. 14 (part)).

The city council desires to establish as part of the compensation of the city treasurer and tax collector, the city clerk and assessor, the city attorney and the chief of police for their services, in addition to the immediate compensation or salary fixed by this code, deferred compensation in the nature of a pension plan or system of retirement compensation, death and other similar benefits. In keeping with the requirements of the Charter of the city and the constitution and laws of the state, and in order that the pension plan or retirement system may be immediately effective as to the officers, and each of them, as, if and when the same is established, the city council declares its purpose and intent to presently, and hereby, fix and establish as part of the compensation of the officers, and each of them, the deferred compensation in the nature of the pension plan or system of retirement compensation, including all contributions or payment of money by the city under the pension plan or retirement system to effect, further or assist the participation of the officers in or under the pension plan or retirement system, as, if and when the pension plan or system of retirement compensation is established, as well as the immediate compensation or salary of the officers; with the immediate compensation or salary are hereby fixed as the compensation of the officers, and each of them, for the term commencing in the month of April, 1951, and until otherwise fixed in accordance with the law.

(Ord. 512 (part)).

Each elective officer of the city shall receive, as additional compensation, the same "health and welfare benefit" (as that term is defined in Section 53200(d) of the California Government Code) that is received by other city employees.

(Ord. 928 § 1, 1968).