Tehachapi Municipal Code Ch. 2.04 City Manager

The office of the 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.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 1, 1971)

Residence in the city of Tehachapi, at the time of appointment, shall not be required as a condition of appointment.

(Ord. 374 § 2, 1971)

No person elected as a councilman of the city shall, subsequent to such election, 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. 94-01-620 § 1(part), 1994; Ord. 374 § 3, 1971)

The city manager shall furnish a corporate surety bond in the sum of ten thousand dollars, and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any such premium for such bond shall be a proper charge against the city.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 4, 1971)

During the absence or disability of the city manager, the city council may designate some properly qualified person to perform the duties of the office of city manager.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 5, 1971)

A. The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and fix by resolution, and such compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate.

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, upon a verified, itemized claim, setting forth the sums expended for such business for which reimbursement is requested, and which has been presented to the city council for approval, and by it approved and allowed.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 6, 1971)

The city manager shall be the administrative head of the government of the city under the direction and control of the city council. 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, it shall be the duty of the city manager and he shall have power:

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

C. To appoint, remove, promote and demote any and all officers and employees of the city, except the city clerk, city attorney, city treasurer and all department heads;

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

F. To attend all meetings of the city council, unless excused therefrom, except when his removal is under consideration;

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

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

I. To be responsible for the purchase of all supplies for all the departments or divisions of the city; no expenditures shall be submitted or recommended to the city council except on report and approval of the city manager;

J. To make investigations into the affairs of the city and any department or division thereof, and any contract, or the proper performance of any obligation of the city;

K. 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;

L. 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;

M. To devote his entire time to the duties of his office in the interests of the city;

N. To serve in any appointed office or head of department within the city government to which he may be qualified, when appointed thereto by the city council, and to hold and perform the duties thereof at the pleasure of the city council;

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

(Ord. 94-01-620 §§ 1(part), 2, 1994; Ord. 374 § 7, 1971)

The city manager shall be an ex officio member of all boards and commissions appointed by the mayor or city council pursuant to law, with a right to participate in all deliberations or actions by his voice, but without vote.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 8, 1971)

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.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 9, 1971)

It shall be 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.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 10, 1971)

The removal of the city manager shall be only upon a four-member vote of the whole council in the city in regular council meeting, subject, however, to the provisions of the next succeeding sections of this chapter. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him and the reason therefor, at least thirty days before the effective date of his removal.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 11, 1971)

Within seven days after the delivery to the city manager of such notice, he 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 regular 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.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 12, 1971)

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 aforesaid meeting.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 13, 1971)

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 grounds of opposition to his removal prior to its action.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 14, 1971)

Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager shall not be removed from 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; the purpose of this provision is to allow any newly elected member of the city 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-day period mentioned above, the provisions of the preceding sections as to the removal of the city manager shall apply and be effective.

(Ord. 94-01-620 § 1(part), 1994; Ord. 374 § 15, 1971)