Chapter 2.50 — CITY MANAGER

The Office of City Manager is established. The City Manager shall be selected by and appointed by the City Council on the basis of administrative and executive ability and qualifications, and shall hold office at the pleasure of the City Council, under the provisions set forth in this chapter. (Ord. 89-4; Ord. 93-04; Ord. 19-01 §2)

A member of the City Council is not eligible for appointment as City Manager until one year elapses after the Councilmember ceases to be a member of the Council. (Ord. 89-4; Ord. 93-04; Ord. 19-01 §2)

Residence in the City is not a requirement, but is encouraged. (Ord. 89-4; Ord. 93-04)

The City Council may at any time appoint an Assistant City Manager to serve as acting City Manager in the event the City Manager is absent, disabled or otherwise unable to act. The City Council may authorize the Assistant City Manager to perform some or all of the duties of the City Manager. Any powers of the City Manager not delegated to the Assistant City Manager shall revert to the City Council. (Ord. 89-4; Ord. 93-04; Ord. 19-01 §2)

The City Manager's compensation shall be established by resolution of the City Council. (Ord. 89-4; Ord. 93-04; Ord. 19-01 §2)

The City Manager is the administrative head of the government of the City, subject to the direction and control of the City Council. In coordination with the City Council and the appropriate advisory committees of the City Council, the City Manager is responsible for the efficient administration of all the affairs of the City which are under his or her control.

In addition to his or her general powers as the City's administrative head, and not as a limitation on them, the City Manager shall have primary direct responsibility for: working with the City Council and advisory committees of the City Council in managing the City's affairs, carrying out the policy directions of the City Council, insuring proper personnel management, maintaining professional management of the City's financial affairs, and representing the City before other public agencies and private organizations. In executing these responsibilities, the City Manager shall:

A. Oversee the enforcement of the laws and ordinances of the City and see that the franchises, contracts, permits, and privileges granted by the Council are faithfully observed;

B. Supervise and give directions to all heads of departments and to subordinate officers and employees of the City who are subject to removal by the City Manager;

C. Appoint, promote, remove, and demote each officer and employee of the City, excepting the City Attorney and City Auditor, subject to personnel ordinances, rules, and regulations;

D. Conduct studies and effect such administrative reorganization of offices, positions, and units under his or her direction as are in the interest of efficient, effective, and economical conduct of the City's business;

E. Recommend to the Council for adoption such resolutions and ordinances the City Manager considers necessary;

F. Attend all meetings of the Council, unless excused by the mayor individually or the Council, except when removal of the City Manager is under consideration;

G. Establish and maintain proper personnel procedures, records, and fair treatment of all City employees;

H. Prepare and submit the proposed annual budget and the proposed salary plan to the Council for its approval;

I. Keep the Council advised, on a regular basis, regarding the financial condition and needs of the City;

J. See that no expenditures are submitted nor recommended to the Council, except on approval of the City Manager or the City Manager authorized representative. The City Manager or the City Manager's authorized representative is responsible for the purchase of all supplies for all the departments and divisions of the City;

K. Ensure that proper accounting procedures are followed and financial records are maintained on all the City's financial affairs;

L. Make investigations into the affairs of the City and each department and division of it, plus each contract to ensure proper performance by the City. The City Manager shall investigate all complaints of matters concerning the administration of the City government and of the service maintained by public utilities in the City;

M. Ensure that a pleasant and harmonious atmosphere is maintained at City Hall for the general public, residents, property owners, council, and City employees;

N. Exercise general supervision over all public buildings, public parks, and all other public property under the control and jurisdiction of the Council;

O. Perform such other duties and exercise such other powers as the City Council may delegate to the City Manager from time to time. (Ord. 89-4; Ord. 93-04; Ord. 19-01 §2)

Each member of the City Council shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry.

In order to maintain an active involvement in the City's administration, the City Council has

established an advisory committee structure to oversee the City administration process. The advisory committees will work with the City Manager and department heads to implement the City Council's policy directions and to manage the City's affairs. The City Manager has the primary responsibility to see that this administration process operates effectively, efficiently, and harmoniously in the City's best interests. (Ord. 89-4; Ord. 93-04; Ord. 19-01 §2)

Working with the Council and department heads, the City Manager will establish and maintain policies and procedures for the orderly conduct of City business.

A. It shall be the duty of all subordinate officers, including department heads, the City Attorney, City Engineer, and the City Auditor to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously.

B. The City Manager may, and upon request of the City Council shall, attend meetings of all commissions, boards, and committees created by the Council. At the meetings which the City Manager attends, boards and committees shall hear the City Manager upon matters which the City Manager wishes to address the members; and the City Manager shall inform the members as to the status of matters being considered by the Council. (Ord. 89-4; Ord. 93-04; Ord. 19-01 §2)

The City Manager shall serve at the pleasure of the City Council and may be removed from office by the City Council at any time with or without cause, as follows:

A. The City Manager may be removed from office only by a majority vote of the City Council. The Council shall furnish the City Manager with a written notice of its action. The effective date of such removal shall be stated in the notice to the City Manager and shall be no less than five business days following the date the notice is given to the City Manager. The City Manager may be suspended from duty at the time notice is given by the City Council.

B. Prior to the effective date of removal, the City Manager may make a written request to the City Council for a hearing before the Council concerning the removal. The request shall specify whether the hearing is to be held in open or closed session of the Council. The hearing shall be held at the next regularly scheduled Council meeting which is at least five days following receipt of the request by the City. In the event the request for hearing is made, the Council's decision to remove the City Manager shall not become effective until the conclusion of the hearing unless the Council rescinds or otherwise modifies its earlier decision to remove the City Manager.

C. Compensation of the City Manager shall continue until the effective date of the removal.

D. Notwithstanding the foregoing provisions of this section, the City Council may provide by contractual agreement with the City Manager that the City Manager may not be removed from office, except for cause, for a period of 180 days following:

1. A general municipal election at which a non-incumbent of the City Council is elected; or

2. The appointment of a member of the City Council. (Ord. 89-4; Ord. 93-04; Ord. 94-06; Ord. 19-01 §2)

Nothing in this section 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 to establish additional terms and conditions of employment not inconsistent with any provisions of this chapter. (Ord. 89-4; Ord. 93-04; Ord. 19-01 §2)