Sierra Madre Municipal Code Ch. 2.08 City Manager

The office of city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of his/her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council.

(Ord. 1185 § 1, 2000: prior code § 2100)

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, nor shall Sierra Madre residency be required as a condition of continued employment of a city manager.

(Ord. 1185 § 2 (part), 2000; prior code § 2101)

(Ord. No. 1382, § 1, 10-11-16)

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

(Ord. 1185 § 2 (part), 2000; prior code § 2102)

The city manager and acting 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 and acting city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.

(Ord. 1185 § 2 (part), 2000; prior code § 2103)

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 filing a written notice with the city clerk, shall designate a qualified city employee to exercise the powers and perform the duties of the city manager during his/her temporary absence or disability. In the event the city manager's absence or disability extends over a two-month period, the city council may appoint an acting city manager.

(Ord. 1185 § 2 (part), 2000; prior code § 2104)

A. The city manager shall receive such compensation as the city council shall from time to time determine.

B. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him/her in the performance of his/her official duties.

(Ord. 1185 § 2 (part), 2000; prior code § 2105)

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 section. He/she shall be responsible for the efficient administration of all the affairs of the city which are under his/her control. In addition to his/her general powers as administrative head, and not as a limitation thereon, it shall be his/her duty and he/she 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/she 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/her jurisdiction through their department heads.

C. Power of Appointment and Removal. It shall be the duty of the city manager to, and he/she shall appoint, discipline, remove, promote and demote any and all officers and employees of the city except the city treasurer or city attorney, 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 administrative reorganization of offices, positions or units under his/her 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/she shall recommend to the city council for adoption such measures and ordinances as he/she 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/her request he/she is excused therefrom by the mayor individually or the city council, except when his/her 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/her authorized representative. The city manager or his/her 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 services maintained by public utilities in the city.

K. Public Buildings. It shall be the duty of the city manager and he/she 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. Local Emergencies. It shall be the duty of the city manager to serve as director of emergency services with the authority to proclaim a local emergency in the city.

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

(Ord. 1185 § 2 (part), 2000; prior code § 2106)

(Ord. No. 1478, § 2, 2-25-25)

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 instruction to any subordinates of the city manager. The city manager shall take his/her orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilman shall give orders or instructions to the city manager.

B. Departmental Cooperation. It shall be the duty of all subordinate officers 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 planning commission, parks and recreation commission, and any other commission, board or committee created by the city council, upon his/her own volition or upon direction of the city council. At such meetings which the city manager attends, he/she shall be heard by such commissions, boards or committees as to all matters upon which he/she wishes to address the members thereof, and he/she shall inform the members as to the status of any matter being considered by the city council, and he/she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

(Ord. 1185 § 2 (part), 2000; prior code § 2107)

A. Removal of City Manager. 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 council meeting, subject, however, to the provisions of the next succeeding subsections. In case of his/her intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him/her, at least thirty days before the effective date of his/her removal. If the city manager so requests, the city council shall provide in writing reasons for the intended removal, which shall be provided the city manager within seven days after the receipt of such request from the city manager, and at least fifteen days prior to the effective date of such removal.

B. Hearing. Within seven days after the delivery to the city manager of such notice of intention to remove, he/she may by written notification to the city clerk, request a hearing before the city council. Thereafter the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty day period, at which the city manager shall appear and be heard, with or without counsel.

C. Suspension Pending Hearing. After furnishing the city manager with written notice of intended removal, the city council may suspend him/her from duty, but his/her compensation shall continue until his/her removal by action of the council passed subsequent to the aforesaid hearing.

D. Discretion of Council. In removing the city manager, the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the city council his/her grounds of opposition to his/her removal prior to its action.

E. Limitation on Removal. Notwithstanding the provisions set forth in this section, 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 or when a new city councilperson 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 in the performance of the powers and duties of his/her office. After the expiration of the ninety day period aforementioned, the provisions of this chapter as to the removal of the city manager shall apply and be effective.

(Ord. 1185 § 2 (part), 2000; prior code § 2108)

Nothing in this article 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 delineating additional terms and conditions of employment not inconsistent with any provision of this part.

(Ord. 1185 § 2 (part), 2000; prior code § 2109)

The duly appointed, acting city manager shall serve as director of finance with the following duties:

A. Administer the financial affairs of the city; and

B. Compile the budget expense and income estimates; and

C. Maintain a general accounting system for the city government and each of its offices, departments and agencies; and

D. Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment, all bills, invoices, payrolls, demands or charges against the city government and, with the advice of the city attorney, when necessary determine the regularity, legality and correctness of such claims, demands or charges; and

E. Submit to the city council, through the city manager, a monthly statement of all receipts and disbursements in sufficient detail to show the financial condition of the city; and, as of the end of each fiscal year, submit a complete financial statement and report; and

F. Supervise the keeping of current inventories of all property of the city by all city departments, offices and agencies; and

G. Perform such other duties as may be imposed upon him/her by law or by this code.

(Ord. 1185 § 2 (part), 2000; prior code § 2110)

The city manager, in his/her capacity as director of finance, shall perform or cause to be performed all of the financial and accounting duties imposed upon the city clerk by the Government Code. The city clerk is relieved of the duties pursuant to Sections 37209 and 40805.5 of the Government Code.

(Ord. 1185 § 2 (part), 2000; prior code § 2111)

A. The city council designates the following as the official city logo:

[Figure]

B. The city manager shall be the official keeper of all city copyrighted images and enforce any copyright, trademark or patens the city has.

C. It is unlawful for any person, corporation, partnership or other entity to use city copyrighted images or to reproduce, copy or create any similar facsimile of such images without having first obtained the express written consent of the city council.

D. Any violation of this section shall be processed as a violation of this code.

(Ord. 1267 § 1, 2007: Ord. 1185 § 2 (part), 2000; Ord. 1176, 1999)

A. Duties. The city manager shall serve as director of emergency services with the following duties:

1. Request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

2. Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;

3. Control and direct the effort of the emergency operations center of this city;

4. Direct cooperation between and coordination of services and staff of the emergency operations center of this city;

5. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies;

6. In the event of the proclamation of a local emergency by the governor or the director of the State Office of Emergency Services, or the existence of a "state of war emergency," the director is empowered to:

a. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be ratified at the earliest practical time by the city council;

b. Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use;

c. Require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as the director deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers;

d. Requisition necessary personnel or materiel of any city department or agency; and

e. Execute all of the ordinary power of the office of city manager, all of the special powers conferred by this chapter, or by resolution or emergency plan adopted by the city council, all powers conferred by any statute, by any agreement approved by the city council, and by any other lawful authority.

B. Designation of Alternate. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his/her duties during an emergency.

C. Emergency. As used in this section, "emergency" or "local emergency" means the actual or threatened existence of conditions of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat.

(Ord. No. 1478, § 3, 2-25-25)