Turlock Municipal Code Art. 2 City Manager

The City Manager shall be appointed by the Council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the Council.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

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 Councilman shall have ceased to be a member of the Council.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

In the event of the absence or disability of the City Manager, the Council may designate some qualified person to perform the duties of the City Manager during the period of absence or disability of the City Manager.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

The City Manager shall receive such compensation as the Council shall from time to time determine and fix by resolution. Such compensation shall be a proper charge against such funds of the City as the Council shall designate.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

The City Manager shall be reimbursed for all expenses 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. Reimbursement shall be made, however, only after a claim setting forth the sums expended for such business for which the reimbursement is requested shall have been presented to, and approved by, the Council.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

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 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, it shall be his duty and he shall have the powers and authority set forth as follows:

(a) Enforcement of laws, licenses, and other privileges. To make recommendations concerning the enforcement of all laws and regulations of the City and to see that all franchises, contracts, permits, licenses, and privileges granted by the Council are faithfully observed;

(b) Direction of officers and employees. 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 except as otherwise provided by law or the provisions of this Code;

(c) Appointment, removal, promotion, and demotion of officers and employees. To appoint, remove, promote, and demote all subordinate officers and employees without the consent of the Council, and to appoint, remove, promote, and demote, with notification to the Council, any department head of the City; provided, however, the office of City Attorney and all elective offices are hereby exempted from the provisions of this subsection;

(d) Reorganization of offices, positions, and departments. To recommend to the Council such reorganization of offices, positions, departments, or units under his direction as he may deem in the interests of the efficient, effective, and economical conduct of the City's business;

(e) Recommendation of adoption of laws. 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 and except when his removal is under consideration;

(g) Attendance at other meetings. To attend any and all meetings of the commissions, boards, and committees created by the Council, of 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, 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 such commissions, boards, and committees;

(h) Preparation of financial reports. To keep the Council at all times fully advised as to the financial conditions and needs of the City and to work and cooperate with the City Clerk at all times on general finances and in preparing reports and budget;

(i) Preparation of budgets. To cause to be prepared and submitted to him by each department, division, and service of the City government itemized annual estimates of expenditures required by any of them for capital outlay, salaries, wages, and miscellaneous operating costs, to tabulate the same into a preliminary consolidated municipal budget, and to submit the same to the Council before June 15 of each year with his recommendations as to such changes which he deems advisable;

(j) Investigation of City affairs. To make investigations into the affairs of the City and any department or division thereof;

(k) Investigation of complaints. To investigate all complaints in relation to matters concerning the administration of the City government and in regard to the services maintained by public utilities in the City, the enforcement of which is provided for in subsection (a) of this section;

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

(m) 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.

(n) Authorization to execute certain documents. Pursuant to Government Code Section 40602, the Mayor is specifically authorized to execute all warrants drawn on the City treasurer, all written contracts and conveyances made or entered into by the City and all instruments requiring the City seal. In addition to the Mayor, pursuant to Government Code Section 40602, the City Manager of the City of Turlock is hereby authorized to execute all warrants drawn on the City treasurer, all written contracts and conveyances made or entered into by the City, and all instruments requiring the City seal, once approved by the Turlock City Council.

(438, Enacted, 08/04/1949; 608, Rep&ReEn, 08/06/1959; 667, Amended, 09/20/1962; 865-CS, Amended, 02/09/1995; 1212-CS, Amended, 08/13/2015; 1250-CS, Amended, 02/07/2019)

It is not intended by the provisions of this article to grant any authority to, or impose any duty upon, the City Manager which is vested in or imposed by any general law or City regulation in any other City board, officer, or employee. The City Manager's functions shall be administrative and not policy-making or legislative.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

It shall be the duty of the City Manager to devote his entire time to the duties of his office in the interests of the City. He shall not be employed or work in any other capacity.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

Individual members of the Council shall deal with the administrative services of the City only through the City Manager except for the purpose of inquiry, and no member of the Council 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. The provisions of this section shall not be construed to prevent any Councilman from discussing matters of the City with the City Manager.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

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 as far as may be consistent with their duties as prescribed by law and the regulations of the City.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

The City Manager may be removed only by a vote of at least three (3) members of the Council at a regular Council meeting, subject, however, to the provisions of Sections 2-4-213 through 2-4-216 of this article. In the event of his intended removal by the 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 (30) days before the effective date of his removal.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

Within seven (7) 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 Council. Thereafter, the Council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty (30) day period, at which hearing the City Manager shall appear and be heard.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

After furnishing the City Manager with the written notice of his intended removal, the Council may suspend him from duty; provided, however, his compensation shall continue until his removal by the Council after the hearing provided for in Section 2-4-213 of this article.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

In removing the City Manager, the 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 such hearing being to allow the City Manager an opportunity to present to the Council his grounds of opposition to his removal prior to the action of the Council.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

Notwithstanding any other provision of this article, the City Manager shall not be removed from office during or within the period of thirty (30) days next succeeding any 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 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 thirty (30) day period, the provisions of Sections 2-4-212 through 2-4-215 of this article providing for the removal of the City Manager shall apply and be effective.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)