Simi Valley Municipal Code Art. 2 City Manager

The office of City Manager is hereby created and established.

(§ 1, Ord. 3)

The City Manager shall be appointed by a majority vote of the Council and shall hold office for and during the pleasure of the Council. The City Manager shall be chosen by the Council solely on the basis of his executive and administrative qualifications, with special reference to his actual experience in, or his knowledge of, accepted practices in respect to the duties of his office as set forth in this article. The City Manager need not be a resident of the City. No Councilman shall receive an appointment to the office of City Manager during the term for which such Councilman shall have been elected, nor within one year after the expiration of his term of office as a Councilman.

(§ 2, Ord. 3)

The City Manager shall appoint, subject to the approval of the Council, one of the other officers or department heads of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. In the event of the absence or disability of the City Manager and his failure to so appoint a Manager Pro Tempore, the Council may designate some qualified City employee to perform the duties of the City Manager during the period of the absence or disability of the City Manager.

(§ 3, Ord. 3)

The City Manager shall receive such compensation as the Council shall from time to time determine. Such compensation shall be fixed by resolution.

In addition, the City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under the direction of the Council. Such reimbursement shall only be made when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the Council for approval and has been so approved.

(§ 4, Ord. 3)

The City Manager shall be the administrative head of the City government under the direction and control of the Council, except as otherwise provided in this article. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, he shall have the following powers and duties:

(a) Law enforcement. To enforce all the laws and ordinances of the City and to assure the proper performance of all franchises, contracts, permits, licenses, and privileges granted by the Council;

(b) Supervision of officers and employees. To supervise and direct all officers, heads of departments, subordinate officers, and employees of the City, including the City Clerk, except he shall have no authority over the City Attorney or City Treasurer;

(c) Appointment, removal, promotion, and demotion of employees. To appoint, remove, promote, and demote any officer or employee of the City including the City Clerk, except for the City Attorney and City Treasurer;

(d) Reorganization of departments, offices, and positions. To consolidate, combine, or reorganize departments, offices, positions, or units under his supervision as may be indicated in the interests of the efficient, effective, and economical conduct of the City's business. With the approval of the Council, the City Manager may be the head of one or more departments;

(e) Recommendation of legislation. To recommend to the Council for adoption such measures and ordinances as he deems necessary or expedient;

(f) Attendance at Council meetings. To attend all meetings of the Council, unless excused therefrom, except when his removal is under consideration;

(g) Preparation of financial reports. To advise the Council of the financial conditions and requirements of the City;

(h) Budget preparation and administration. To prepare and submit to the Council the annual budget and to administer the budget after its adoption;

(i) Purchases and expenditures. To purchase all materials, supplies, services, and equipment for which funds are provided in the budget. No purchase shall be made, contract let, or obligation incurred for any item or service which exceeds the current budget appropriation without a supplemental appropriation by the Council. No expenditure shall be submitted or recommended to the Council except by the report and approval of the City Manager; provided, however, the provisions of this section with respect to the actual purchases of supplies shall not apply to purchases made when required under a sealed bid presented to the Council. The City Manager shall advise the Council regarding the advantages or disadvantages of contract and bid proposals;

(j) Investigations. To investigate the operation and performance of the City and any department or division thereof;

(k) Supervision of public property. To exercise general supervision over all public buildings, parks, and other public property which are under the control and jurisdiction of the Council;

(l) Investigations of complaints. To investigate all complaints concerning the administration of the City government and the services maintained by public utilities in the City and the franchises, permits, or privileges granted by the City;

(m) Execution of grant application agreements. To execute all grant application agreements and documentation, including contracts, grant applications, and City lease agreements made with individual lessees of the City-owned real property, following approval by the Council;

(n) Accept or consent to deeds or grants conveying property. Pursuant to the provisions of Section 27281 of the Government Code of the State, to accept and consent to deeds and grants to the City conveying any interest in, or easements upon, real estate for public purposes. In the absence of the City Manager, the City Attorney shall perform this duty;

(o) Devotion of time to his duties. To devote his entire time to the discharge of his official duties;

(p) Performance of additional duties. To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance, resolution, or other action of the Council; and

(q) Delegation of administrative duties. The City Manager may delegate any administrative duty of City affairs placed in his charge by the Council or this Code, at his sole discretion, whenever such delegation is deemed necessary for the efficient administration of City business, unless this Code expressly provides otherwise. The City Manager may delegate in writing to any Assistant City Manager or the head of any department, office, or agency that is under his direction and supervision.

(§§ 5 through 17, and § 19, Ord. 3, § 1, Res. 69-29, and § 1, Ord. 150, as amended by § 1, Ord. 222; § 1, Ord. No. 1223, eff. February 27, 2014 and § 2(Exh. A), Ord. No. 1288, eff. May 10, 2018)

In the event of accident, disaster, or other circumstances creating a public emergency, the City Manager may award contracts and make purchases for the purpose of meeting such emergency. He shall file promptly with the Council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.

(§ 24, Ord. 3)

The City Manager shall attend any and all meetings of the commissions, boards, and committees created by the Council, upon his own volition or upon the direction of the Council, at which meetings he shall be heard by such commissions, boards, and committees as to all matters upon which he may wish to address the members thereof, and he may inform such members as to the status of any matter being considered by the Council, and he shall cooperate with the members of all such commissions, boards, and committees appointed by the Council.

(§ 18, Ord. 3)

Neither the Council nor any of its members shall give orders to any subordinate of the City Manager. The City Manager shall take his orders and instructions from the Council only when sitting in a duly held meeting of the Council, and no individual Councilman shall give any orders or instructions to the City Manager; provided, however, the provisions of this section shall not be construed to prevent any Councilman from discussing matters of the City with the City Manager.

(§ 20, Ord. 3)

It shall be the duty of all subordinate officers of the City and the City Clerk, City Treasurer, and City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously so far as may be consistent with their duties as prescribed by the laws of the City.

(§ 21, Ord. 3)

The Council may for cause remove the City Manager upon a three (3) member vote at a regular meeting; provided, however, such removal shall not be effective until at least thirty (30) days following the action of the Council. If requested, the Council shall grant the City Manager a public hearing within such thirty (30) day period. During the interim, the Council may suspend the City Manager from duty but shall continue his salary.

(§ 22, Ord. 3)

Notwithstanding the provisions of Section 2-6.210 of this article, the City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding any general municipal election held in the City at which election a member of the Council is elected. The purpose of the provisions of this section is to allow any newly-elected member of the Council or a reorganized 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 such ninety (90) day period, the provisions of Section 2-6.210 of this article shall apply and be effective.

(§ 23, Ord. 3)