Tracy Municipal Code Ch. 2.08 City Manager

In accordance with the majority vote of the people of the City, the office of City Manager is hereby created and established. The City Manager shall be appointed by the Council wholly on the basis of his or her executive and administrative qualifications and ability.

(Ord. 1114 § 1 (part), 2008: prior code § 2-2.101)

No person elected as a Councilmember of the City shall, subsequent to such election, be eligible for appointment as City Manager until two (2) years have elapsed after such Councilmember shall have ceased to be a member of the Council.

(Ord. 1114 § 1 (part), 2008: prior code 2-2.102)

The City Manager, and the Assistant City Manager, and Manager Pro Tempore if different than the Assistant City Manager, shall furnish a corporate surety bond, in such sum as may be determined by resolution of the Council. Such bond shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as provided in this chapter. Any premium for such bond shall be a proper charge against the City.

(Ord. 1114 § 1 (part), 2008: prior code § 2-2.103)

The Assistant City Manager shall serve as the Manager Pro Tempore. The City Manager may designate, subject to the approval of the Council by resolution, one of the department heads of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager and the Assistant City Manager. In case of the absence or disability of the City Manager and the Assistant City Manager (and the City Manager's failure to so designate a Manager Pro Tempore), the Council may designate by resolution another duly qualified person to perform the duties of the City Manager during the period of the absence or disability of the City Manager and the Assistant City Manager, subject, however, to such person furnishing a corporate surety bond conditioned upon the faithful performance of the duties required to be performed as set forth in section 2.08.030 of this chapter.

(Ord. 1114 § 1 (part), 2008: prior code § 2-2.104)

The City Manager shall receive such compensation and expense allowances as the Council shall from time to time determine and fix by employment agreement or resolution, and such compensation and expense allowances shall be proper charges against such funds of the City as the Council shall designate. The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties or incurred when traveling on business pertaining to the City under direction of the Council. Reimbursement shall only be made, however, in accordance with procedures approved by the Council.

(Ord. 1114 § 1 (part), 2008: prior code § 2-2.105)

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

(a) It shall be the duty of the City Manager and he or she shall have the power to see that all laws and ordinances of the City are duly enforced and that all franchises, permits, and privileges granted by the City are faithfully observed.

(b) It shall be the duty of the City Manager and he or she shall have the power to control, order, and give directions to all heads of departments and to subordinate officers and employees of the City through their department heads, to transfer employees from one department to another, and to consolidate or combine offices, positions, departments, or units under his or her direction.

(c) It shall be the duty of the City Manager and he or she shall have the power to appoint, remove and demote any and all officers and employees of the City, except the City Attorney and the City Treasurer.

(d) It shall be the duty of the City Manager and he or she shall have the power to exercise control over all departments of government of the City and over all appointive officers and employees thereof.

(e) It shall be the duty of the City Manager and he or she shall have the power to attend all the meetings of the Council unless excused therefrom by said Council.

(f) It shall be the duty of the City Manager and he or she shall have the power to recommend to the Council for adoption such measures and ordinances as he or she deems necessary or expedient.

(g) It shall be the duty of the City Manager and he or she shall have the power to keep the Council at all times fully advised as to the financial conditions and needs of the City.

(h) It shall be the duty of the City Manager and he or she shall have the power to prepare and submit the proposed annual budget and the proposed annual salary plan to the Council for its approval.

(i) It shall be the duty of the City Manager and he or she shall have the power to purchase all supplies for all of the departments or divisions of said City. No expenditure shall be submitted or recommended to the Council except on report or approval of the City Manager.

(j) It shall be the duty of the City Manager and he or she shall have the power 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 running to the City.

(k) It shall be the duty of the City Manager and he or she shall have the power 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 said City, and to see that all franchises, permits and privileges granted by the City are faithfully performed and observed.

(l) It shall be the duty of the City Manager and he or she shall have the power to exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the Council.

(m) It shall be the duty of the City Manager to devote full time to the duties of his or her office in the interests of the City.

(n) It shall be the duty of the City Manager and he or she shall have the power to perform such other duties and exercise such other powers as may be delegated to him or her from time to time, by ordinance or resolution or other action of the Council.

(o) The City Manager may attend any and all meetings of any other commissions or boards created by the Council, upon his or her own volition or upon direction of the Council. At any such meetings at which the City Manager attends, he or she shall be heard by such commissions and boards as to all matters upon which he or she wishes to address them.

(p) The City Manager shall at all times conduct himself or herself in accordance with the International City Management Association ("ICMA") Code of Ethics.

(Ord. 1114 § 1 (part), 2008: prior code § 2-2.106)

(Ord. No. 1175, § 1, 10-16-2012)

(a) The 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 Council nor any member thereof shall give orders to any subordinates of the City Manager.

(b) It shall be the duty of all subordinate officers, including the City Attorney and the City Treasurer, to cooperate with and assist the City Manager in administering the affairs of the City most efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the City.

(Ord. 1114 § 1 (part), 2008: prior code § 2-2.107)

(Ord. No. 1175, § 2, 10-16-2012)

(a) The City Manager shall hold office for and during the pleasure of the Council.

(b) Removal of the City Manager shall be only by a four-fifths vote of the members of the Council.

(c) The City Manager shall not be removed from office during or within a period of 120 days immediately succeeding any general municipal election held in the City at which election a member of the Council is elected. The purpose of this provision is to allow any newly elected member of the Council or a reorganized Council to become familiar with the affairs of the City and to observe the actions and ability of the City Manager in the performance of the powers and duties of his or her office. After the expiration of said 120-day period, the provisions of this section as to the removal of the City Manager shall apply and be effective.

(Ord. 1114 § 1 (part), 2008: prior code § 2-2.108)

(Ord. No. 1295, § 1, 8-18-2020)

Except as otherwise hereinafter provided, no person convicted of a felony or misdemeanor involving moral turpitude shall be eligible for employment in the excepted or competitive service of the City; provided, however, the appointing authority may disregard such conviction if he finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of such conviction, or the fact that the classification applied for is unrelated to such conviction. The City Manager, Assistant City Manager, Human Resources Director, Chief of Police, and City Attorney are hereby authorized to have access to the "State Summary Criminal History Information" as provided for in section 11105 of the Penal Code of the State.

(Ord. 1114 § 1 (part), 2008: prior code § 2-2.109)