Scotts Valley Municipal Code § 2.04.010 Office of the city manager created

The office of the city manager of the city of Scotts Valley is hereby created and established pursuant to subdivision (a) of Government Code Section 34851 of the state of California. The city manager shall be appointed by the city council and his selection shall be made wholly on the basis of his administrative and executive ability and qualification. Subject to Section 2.04.240 hereof, he shall hold office for and during the pleasure of the city council. All references to city administrator in all city ordinances or resolutions shall hereafter be deemed to mean city manager.

(Ord. 5.8 § 2, 1990)

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment but, within one hundred eighty days thereafter, the city manager must become a resident of the city, unless the city council approves his residence outside the city.

(Ord. 5.8 § 3, 1990)

No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member has ceased to be a member of the city council.

(Ord. 5.8 § 4, 1990)

The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.

(Ord. 5.8 § 5, 1990)

The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by a letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence. In the event the city manager's absence (or disability) extends over a two-month period, the city council may, after the two- month period, appoint an acting city manager.

(Ord. 5.8 § 6, 1990)

A. The city manager shall receive such compensation and expense allowances as the city council from time to time determines, and said compensation and expenses shall be a proper charge against funds of the city as the city council designates.

B. In addition, the city manager shall be paid for or reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties, including those incurred when traveling on business pertaining to the city; reimbursement shall only be made, however, when an itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to and approved by the city council.

(Ord. 5.8 § 7, 1990)

The city manager shall be the administrative head of the government of the city under the direction and control of the city council. He shall be responsible for the efficient administration of all the affairs of the city which are under his control.

(Ord. 5.8 § 8, 1990)

The city manager is authorized to execute the following agreements and grant documents:

A. Any grant application and/or other related grant documents which must be executed on behalf of the city as part of the grant application and acceptance process.

B. Recreation services agreements used by the recreation department for purposes of hiring independent contractors who conduct special recreation programs for the city.

C. Reimbursement agreements with newly hired police employees with respect to the provision of services to the police department for a specified number of years of employment or, in the alternative, providing for a repayment schedule to the city on an amortized basis for expenses incurred by the city as costs of training.

(Ord. 171 § 1, 2001)

It shall be the duty of the city manager to 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.

(Ord. 5.8 § 9, 1990)

It shall be the duty of the city manager and he shall have the authority to control, order and give direction to all department heads and to all subordinate employees of the city under his jurisdiction through their department heads. The city manager shall periodically evaluate all department heads and employees under his direct supervision.

(Ord. 5.8 § 10, 1990)

It shall be the duty of the city manager, and he shall, appoint, remove, promote and demote any and all officers and employees of the city (including, without limitation, the city clerk and city treasurer, but specifically excluding the city attorney), subject to all applicable ordinances, rules and/or regulations. Provided, that notwithstanding the foregoing, in the event of a conflict between the provisions of this section and the provisions of any memorandum of understanding currently in effect pertaining to the appointment, removal, promotion and/or demotion of any officer and/or employee therein referenced, the provisions of said memorandum of understanding shall prevail until expiration or sooner termination of the present term thereof, all in accordance with the provisions of said memorandum of understanding.

(Ord. 5.8 § 11, 1990)

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 his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

(Ord. 5.8 § 12, 1990)

It shall be the duty of the city manager and he shall recommend to the city council for adoption such measures and ordinances as he deems necessary.

(Ord. 5.8 § 13, 1990)

It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the mayor individually or city council as a whole.

(Ord. 5.8 § 14, 1990)

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.

(Ord. 5.8 § 15, 1990)

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 approval.

(Ord. 5.8 § 16, 1990)

It shall be the duty of the city manager and he shall be responsible for the purchase of all supplies for all the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager.

(Ord. 5.8 § 17, 1990)

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 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.

(Ord. 5.8 § 18, 1990)

It shall be the duty of the city manager and he shall exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council.

(Ord. 5.8 § 19, 1990)

It shall be the duty of the city manager to devote his entire work time to the duties of his office and in furthering the interests of the city.

(Ord. 5.8 § 20, 1990)

It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the city council.

(Ord. 5.8 § 21, 1990)

The city council and its members shall deal with the administrative services of the city through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual council member shall give any orders or instructions to the city manager.

(Ord. 5.8 § 22, 1990)

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

(Ord. 5.8 § 23, 1990)

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

(Ord. 5.8 § 24, 1990)

The removal of the city manager shall be effected only by the affirmative vote of at least three members of the council convened in a regular council meeting.

(Ord. 5.8 § 25, 1990)

Notwithstanding the provisions of Section 2.04.240, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of said ninety-day period aforementioned, the provisions of Section 2.04.240 shall apply and be effective.

(Ord. 5.8 § 26, 1990)

Severance pay shall be provided in the employment agreement with the city manager.

(Ord. 5.8 § 27, 1990)

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

(Ord. 5.8 § 28, 1990)

The office of city clerk is hereby established. The city clerk shall be appointed by the city manager.

(Ord. 5.8 § 29, 1990)

The city clerk shall perform such duties and exercise such authority as may be established for the office under and pursuant to applicable laws of the state of California and appropriate city ordinances presently in effect and which may hereafter be adopted or amended by the city from time to time. The city clerk shall also perform such duties as may be assigned by the city manager.

(Ord. 5.8 § 30, 1990)

The qualifications and compensation of the office shall be as established by applicable city ordinances or resolutions currently in effect and as may be adopted or amended from time to time hereafter.

(Ord. 5.8 § 31, 1990)