Soledad 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 administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council.

(Prior code § 2-17)

Residence in the city at the time of appointment shall not be required as a condition of appointment; provided, however, that within twelve months after the appointment of the city manager he shall establish his residence in the city, unless such time is extended by resolution of the city council. In no case may this extension exceed six months.

(Prior code § 2-18)

No person elected as a councilman of the city shall, subsequent to such election, be eligible for appointment as city manager until two years has elapsed after such councilmember shall have ceased to be a member of the city council.

(Prior code § 2-19)

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 which shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter and other sections of the code. Any premium for the bond is a proper charge against the city.

(Prior code § 2-20)

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

B. 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 direction of the city council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for the business for which reimbursement is requested, has been presented to and approved by the city council.

(Prior code § 2-21)

The city manager is 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. He is 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 on those powers, it is his duty and he has the following powers:

A. To see that all laws and ordinances of the city are enforced and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.

B. To control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads;

C. To recommend to the city council such reorganization of offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city' s business;

D. To recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient;

E. To attend all meetings of the city council unless excused from such meetings;

F. To keep the city council at all times fully advised as to the financial condition and needs of the city;

G. To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval;

H. To be responsible for the purchase of all supplies for all of the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council unless accompanied by a report of the city manager;

I. 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;

J. 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 observed;

K. To exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the city council;

L. To serve ex officio as city clerk, upon being specifically designated to do so by the city council, and upon such designation to faithfully execute the duties and responsibilities of such office;

M. Pursuant to Government Code Section 40602, in addition to the powers of execution granted to the city's mayor, the council hereby delegates authority to the city manager to sign all written contracts and conveyances awarded or otherwise approved by the city, and all instruments requiring the city seal. This authority shall also inure to contracts at or below the monetary threshold established from time to time by the city council for which the city manager is authorized to award without council approval.

N. To perform such other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance or resolution or other action of the city council.

(Ord. No. 700, § 1, 5-4-2016; prior code § 2-22)

It is the duty of the city manager to devote his entire time to the duties of his office in the interests of the city.

(Prior code § 2-23)

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 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 held meeting of the city council and no individual councilman shall give orders or instructions to the city manager.

(Prior code § 2-24)

It is the duty of all subordinate officers 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 law and ordinances of the city.

(Prior code § 2-25)

The city manager may attend any and all meetings of the planning 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 such members as to the status of any matter being considered by the council and he shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the city council.

(Prior code § 2-26)

In the event of the absence or disability of the city manager, he shall designate, subject to the approval of the city council, one of the other officers or department heads of the city to serve as city manager pro tempore during such period. In the event of such absence and disability and in the event of the failure of the city manager to so designate a manager pro tempore, the council may designate some duly qualified person to perform the duties of the city manager during the period of absence or disability.

(Prior code § 2-27)

Prior to terminating his employment for any reason, the city manager shall notify the city council, in writing, at least thirty days prior to the effective date of the termination.

(Prior code § 2-28)

A. The removal of the city manager shall be only upon a four-member vote of the whole council; subject, however, to the provisions of subsection B of this section and of Section 2.08.150.

B. In case of the intended removal of the city manager by the city council, the city manager shall be furnished with a written notice stating the council's intention to do so, and the reason therefor, at least thirty days before the effective date of removal. Within seven days after the delivery of such notice, the city manager 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 prior to the expiration of the thirty-day period, at which the city manager may appear and be heard, with or without counsel.

(Prior code §§ 2-29, 2-30)

After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the hearing provided for in Section 2.08.130.

(Prior code § 2-31)

A. In removing the city manager, the city council shall have full and 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 grounds of opposition to such removal prior to the time action is taken.

B. Notwithstanding the provisions of subsection A of this section, the city manager shall not be removed from office, except for malfeasance or nonfeasance, 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 duties of his office. After the expiration of the ninety-day period, the provisions of subsection A of this section shall apply and be effective.

(Prior code §§ 2-32, 2-33)