Selma Municipal Code Ch. 18 City Manager

The office of the city manager of the city is hereby created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. (Ord. 928, 4-16-1990)

If deemed necessary by the city council, the ability to be bonded may be a condition of employment of a city manager or acting city manager. In the event that the city determines that a bond is necessary, then the city shall pay any and all premiums or other expense for such bond. (Ord. 2014-4, 4-21-2014)

In the event that the city manager will be absent or otherwise unable to perform the duties of the city manager, the city manager will give notice to the city clerk of said absence or inability to perform the duties of the city manager as soon as practicable. The city manager may designate one or more qualified city employees to exercise the powers and perform the duties of the city manager subject to the approval of the city council. (Ord. 2014-4, 4-21-2014)

The city manager shall receive such compensation as the city council shall determine and set forth in an agreement by and between the city and the city manager. (Ord. 2014-4, 4-21-2014)

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 chapter. 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 thereof, it shall be the duty of, and the city manager shall have the powers set forth in the following subsections:

(A) Law Enforcement: 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.

(B) Authority Over Employees: It shall be the duty of the city manager, and he shall have the authority to control, order and give directions to all heads of departments, and to subordinate officers and employees of the city, under his jurisdiction.

(C) Power Of Appointment And Removal: It shall be the duty of the city manager to, and he shall appoint, remove, promote or demote any and all officers and employees of the city, except those employees appointed by the mayor or city council, subject to all applicable personnel ordinances, rules and regulations.

(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 his 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 and he shall recommend to the city council for adoption such measures and ordinances as he 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 at his request he is excused therefrom by the mayor individually or the city council, except when his removal is under consideration.

(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 Purchasing: It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or his authorized representative. The city manager, or his authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

(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 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 said city.

(K) Public Buildings: 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.

(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 him from time to time by ordinance or resolution or other official action of the city council.

(M) Director Of Personnel: It shall be the duty of the city manager to serve as the director of personnel of the city under provisions of title II, chapter 2 of this code and personnel rules and regulations. (Ord. 928, 4-16-1990; amd. Ord. 2014-4, 4-21-2014)

(A) Council Manager Relations: 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. 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.

(B) Departmental Cooperation: It shall be the duty of all subordinate officers and employees of the city, including those appointed by the mayor or city council, the city clerk, and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

(C) Attendance At Commission Meetings: The city manager may attend any and all meetings of the economic development commission, planning commission, personnel commission, community services commission, traffic/streets 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 and 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 going considered by the city council, and he shall cooperate to the fullest extent with the members of all commissions, boards and committees appointed by the city council. The city manager shall designate and assign staff to support the commissions, boards and committees appointed by the city council. (Ord. 928, 4-16-1990; amd. Ord. 2014-4, 4-21-2014)

The removal of the city manager shall be affected only by a majority vote of the whole city council as then constituted, convened in a regular council meeting. Notwithstanding the foregoing, or anything to the contrary in the employment agreement with the city manager, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety (90) days next succeeding any general municipal election held in the city at which election a new member of the city council is elected or when a new city council member is appointed. The purpose of this provision is to allow any newly elected or appointed member of the city council or a reorganized city council to observe the actions and ability of the city manager and performance of the powers and duties of his office. After the expiration of said ninety (90) day period the remaining provisions of this section as to the removal of the said city manager shall apply and become effective. (Ord. 2014-4, 4-21-2014)

Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into an agreement with the city manager delineating the terms and conditions or additional terms and conditions of employment not inconsistent with any of the provisions of this chapter. (Ord. 2014-4, 4-21-2014)

All administrative duties and powers heretofore vested in the city council or other officer or employee of the city by ordinance, resolution or other action of the city council and all duties and powers vested in the city administrator by such council action are, by provision of this chapter, vested in the city manager and shall be deemed to be transferred to the city manager as though all such ordinances, resolutions or other actions had been specifically amended. (Ord. 928, 4-16-1990; amd. Ord. 2014-4, 4-21-2014)