Article 2-20

CITY MANAGER

Sections:

The office of the City Manager is hereby created and established pursuant to Subsection 34851(a) of the Government Code. The City Manager shall be appointed by the City Council, and the selection shall be made wholly on the basis of the candidate's administrative and executive ability and job-related qualifications. Subject to Section 2-20.080, the City Manager shall hold office for and during the pleasure of the City Council.

(Ord. No. 316, § 1(Exh. 1), 6-18-2014)

The City Manager shall receive such compensation, expense reimbursement, vacation, sick leave and fringe benefits as established from time to time by the City Council.

The City Manager shall appoint City Clerk, whose duty it shall be to perform the statutory functions of the office of City Clerk. The City Clerk may, with the consent of the City Manager, designate deputies to perform the statutory functions of the City Clerk in the absence of the City Clerk. (Amended by Ord. 71-175 § 1, 1998)

The City Manager shall serve as City Treasurer and shall be responsible for supervising all of the activ-

ities of the Finance Director, implementation of the City's investment policy as adopted from time to time by the City Council, and such other duties and responsibilities as required by law to be performed by the City Treasurer.

The City Manager shall designate a qualified City employee to exercise the powers and perform the duties of City Manager during any temporary absence or disability of the City Manager. In the event the City Manager's temporary absence or disability extends over a two-month period, the City Council may, after the two-month period, appoint an acting City Manager. In the event of the City Manager's resignation or inability to appoint an acting City Manager, the City Council may do so at any time after notice of such conditions provided, however, that in the event of a resignation the acting City Manager shall not assume the powers and duties of the City Manager until 5:00 P.M. on the effective date of the resignation.

(Ord. No. 316, § 1(Exh. 1), 6-18-2014)

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 Article. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under the City Manager's control. In addition to general powers as administrative head, and not as a limitation thereon, the City Manager shall have the following powers and duties:

(a) Law enforcement. It shall be the duty of the City Manager to enforce all laws, Code provisions and ordinances of the City, and the City Manager shall have the powers of a peace officer. The City Manager shall also see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed and the conditions, if any, thereof performed.

(b) Authority over employees. The City Manager shall have the duty and authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under the City Manager's jurisdiction. The City Manager shall have the duty and authority to control, order and give directions to the personnel director on all matters

(Saratoga Supp. No. 57, 1-26)

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2-20.050

of employer-employee relations, including grievances and meeting and conferring with unions and associations.

(c) Power of appointment and removal. The City Manager shall have the duty to, and shall appoint, employ, remove, promote and demote any and all officers and employees of the City, subject to all applicable provisions of State law and the personnel ordinance as set forth in Article 2-40 of this Chapter, together with such personnel rules as may be adopted by resolution of the City Council.

(d) Administrative reorganization of offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under the City Manager's direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business.

(e) Ordinances. It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as the City Manager deems necessary.

(f) Attendance at Council meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless the City Manager is excused therefrom by the Mayor individually, or the City Council.

(g) Financial reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City.

(h) Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.

(i) Expenditure control and contracting. No expenditure shall be submitted to or recommended to the City Council except on approval of the City Manager or the City Manager's duly authorized representative. The City Manager shall be responsible for the purchase of all supplies and services for all the departments and divisions of the City in accordance with the City purchasing policy and may approve and sign on behalf of the City grants in accordance with the City donation policy as approved by resolution of the City Council and approve and sign contracts or agreements with other public agencies provided that such grants and agreements do not obligate expenditures by the City in excess of the Purchasing Threshold specified in Article

2-45. The City Council may delegate authority to the City Manager to sign any particular grant, contract, or agreement approved by the City Council which obligates expenditures by the City in excess of the Purchasing Threshold specified in Article 2-45.

(j) Investigations and complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and to investigate any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Manager 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, and to see that all franchises and permits granted by the City are faithfully performed and that the provisions and requirements thereof are observed. The City Manager may delegate these duties but remains responsible for overseeing the performance of these duties. If a complaint, concern, or investigation involves an allegation against the City Manager, the City Manager will not be in charge of addressing such concerns, and the City Council will determine the individual to address such a concern, which may include an auditor, counsel, or other consultant.

(k) Public buildings. It shall be the duty of the City Manager to exercise general supervision over all public buildings, public parks and all other public property that are under the control and jurisdiction of the City Council and the City Manager may enter agreements concerning the use of such buildings, parks, and other property that are for a term of less than one year and which do not authorize exclusive use for a continuous period of more than one week.

(l) Additional duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to the City Manager from time to time by ordinance or resolution or other official action of the City Council.

(Amended by Ord. 71-175 § 2, 1998; Ord. 234 § 2 (part), 2005; Ord. No. 294, § 1.C.3., 9-5-2012; Ord. No. 316, § 1(Exh. 1), 6-18-2014; Ord. No. 328, § 1(Att. A, § 2), 7-1-2015; Ord. No. 413, § 1(Exh. A, § 2), 11-5-2025)

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(Saratoga Supp. No. 57, 1-26)

2-20.060

(a) 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 thereof shall give orders or instructions to any subordinates of the City Manager.

cil to enter into any employment agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any of the provisions of this Article.

(b) It shall be the duty of all subordinate officers, department heads, and the City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously.

The City Manager may attend any and all meetings of Commissions, boards or committees created under the provisions of this Code or by the City Council. At such meetings which the City Manager attends, the City Manager shall be heard as to all matters, shall provide information regarding the status of any matter being considered by the City Council, and shall cooperate to the fullest extent with the members of all Commissions, boards or committees. The City Manager may delegate to others to attend such meetings. (Ord. No. 316, § 1(Exh. 1), 6-18-2014)

The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in a regular or special Council meeting at which a quorum of the City Council is present; subject, however, to the provisions of this Section. In case of intended removal by the City Council, the City Manager shall be furnished with a written notice stating that intention before the date the City Council meets to consider the removal. The City Manager shall not be removed from office for any reason except misconduct in office, during or within a period of ninety days following any general municipal election in the City at which a member of the City Council is elected. After the expiration of such ninety-day period, the City Manager may be removed for any or no reason because the City Manager serves at the pleasure of the City Council as an at-will employee. (Ord. No. 316, § 1(Exh. 1), 6-18-2014)

Nothing in this Article shall be construed as a limitation on the power or authority of the City Coun-

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(Saratoga Supp. No. 57, 1-26)

2-25.040