Sunnyvale Municipal Code Art. VIII City Manager

The City Manager shall be chosen by the City Council on the basis of his/her executive and administrative qualifications, and need not be a resident of the City or State at the time of his/her appointment, but he/she shall be strongly encouraged to reside within the City during his/her tenure of office. No City Councilmember shall receive such an appointment during the term for which he/she shall have been elected, nor within two years thereafter.

(Amended effective July 8, 1968, December 31, 1975 and November 28, 2007)

The City Manager shall be paid a salary commensurate with his/her responsibilities as chief administrative officer of the City, which salary shall be established by ordinance or resolution.

(Amended effective December 31, 1975)

The City Manager shall be the chief executive officer and the head of the administrative branch of the City government. He/she shall be responsible to the City Council for the proper administration of all affairs of the City and to that end, subject to the personnel provisions of this Charter, he/she shall have power and shall be required to:

(1) Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, except as otherwise provided by this Charter, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office;

(2) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption;

(3) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year;

(4) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable;

(5) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation running to the City;

(6) Submit to the City Council, at each meeting for its approval, the list of all claims and bills approved for payment by him/her; and

(7) Perform such other duties as may be prescribed by this Charter or required of him/her by the City Council, not inconsistent with this Charter.

(Amended effective December 31, 1975)

The City Manager may prescribe such general rules and regulations as he/she may deem necessary or expedient for the general conduct of the administrative offices and departments of the City under his/her jurisdiction.

(Amended effective December 31, 1975 and November 28, 2007)

The City Manager shall appoint, subject to the approval of the City Council, one of the other officers of the City to serve as Manager Pro Tempore during any absence or disability of the City Manager for a period exceeding two weeks.

(Amended effective November 28, 2007)

The City Manager, and such other officers of the City as may be designated by the City Council, shall be accorded a seat at the City Council table and shall be entitled to participate in the deliberations of the City Council, but shall not have a vote.

The City Council shall appoint the City Manager for an indefinite term and may remove him/her, with or without cause, by a majority vote of its members.

(Amended effective July 8, 1968, December 31, 1975 and November 28, 2007)

Neither the City Council nor any of its members shall order or request directly or indirectly the appointment of any person to an office or employment or his/her removal therefrom, by the City Manager, or by any of the department heads in the administrative service of the City. Neither the City Council nor any member shall give orders to any subordinates of the City Manager, either publicly or privately. The City Council and its members shall deal with officers and employees in the administrative service under the jurisdiction of the City Manager solely through the City Manager except:

(1) For a specific question from a member of the Council concerning a matter either pending before the Council or which the member intends to present to the Council, and which can be answered by furnishing routine information immediately available from the records of the officer or employee to whom it is directed, and which does not require the officer or employee either to discuss or express any opinion concerning any existing or proposed policy of the Council or the City Manager; or

(2) In connection with an investigation into the affairs of the City or the conduct of any City department or office which the City Council by the affirmative vote of at least four of its members has undertaken.

In order to conduct such an investigation, the Council may do any of the following:

(a) Instruct or grant permission to any one or more of its members to discuss with an officer or employee any matters which the member or members to whom permission is granted or who are so instructed believe to be pertinent or relevant to the subject of the investigation;

(b) Subpoena witnesses;

(c) Administer oaths;

(d) Take testimony; or

(e) Require the production of evidence.

(Amended effective July 8, 1968, December 31, 1975 and December 21, 1976)