Tustin Municipal Code Part 1 City Administrator

The office of the City Manager is hereby 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 at and during the pleasure of the City Council. (TCC-1, Sec. 2-27/Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 1)

a Residence Requirements

Residence in the City shall not be required as a condition of appointment. (Ord. No. 514; Ord. No. 848, Sec. 1)

b Eligibility for Appointment

No person elected as a Councilman of the City shall, subsequent to such election, be eligible for appointment as City Manager until one (1) year has elapsed after such Council member shall have ceased to be a member of the City Council. (TCC-1, Sec. 2-29/Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 1)

c Compensation

The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine and duly fix, and such compensation and expense shall be a proper charge against such funds of the City as the City Council shall designate. (TCC-1, Sec. 2-32/Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 1)

d Position to be Full-Time

The position of City Manager shall be full-time, and the Manager shall have no other employment without prior Council approval. (TCC-1, Sec. 2-46/Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 1)

e Appointment of Manager Pro Tempore

The City Council may from time to time appoint a Manager pro tempore, to serve during any temporary absence or disability of the City Manager. (TCC-1, Sec. 2-31/Ord. No. 322; Ord. No. 848, Sec. 1)

The City Council and its members shall deal with the administrative services of the City only through the City Manager, and except for the purpose of inquiry, 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 when sitting in a duly held meeting of the City Council, and no individual Council member shall give orders or instructions to the City Manager. (TCC-1, Sec. 2-48/Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 2)

It shall be the duty of all subordinate officers and the City Treasurer and City Attorney to assist the City Manager as well as the City Council 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. (TCC-1, Sec. 2-49/Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 3)

(Ord. No. 1417, Sec. 1, 9-18-12)

The City Manager may attend any and all meetings of the Planning Agency, and any other department, commission, board, or committee hereafter 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. He shall inform such members as to the status of any matter being considered by the City Council. (TCC-1, Sec. 2-50/Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 4)

The City Manager shall be the administrative head of the government of the City under the direction and subject to policy set by the City Council, except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all affairs of the City. He shall have and exercise all powers and duties assigned to him by statute and such other authority as may be granted by the City Council. Without limiting the foregoing general grant of powers, responsibilities, and duties, it shall be his duty and he shall have the powers set forth in the subsections. (TCC-1, Sec. 2-33/Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

a Enforcement of Laws, Franchises, Contracts, Permits, etc.

It shall be the duty of the City Manager 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. (TCC-1, Sec. 2-34/Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

b Authority over Department Heads

It shall be the duty of the City Manager and he shall have the authority to control, order and give directions to all heads of departments, except the City Attorney and City Treasurer. (TCC-1, Sec. 2-35/Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

(Ord. No. 1417, Sec. 1, 9-18-12)

c Powers as Director of Personnel

It shall be the duty of the City Manager to act as Director of Personnel. He shall have the authority to appoint, promote, discipline, demote, remove, reassign, or dismiss all department heads, officers, and employees of the City, except the City Clerk, the City Treasurer, and the City Attorney, subject to any and all applicable rules, regulations, position allocations and financial appropriations. All department heads, officers, and employees shall perform their duties subject to the direction of the City Manager or that of the superior to whom the Manager may assign such officer or employer. Provided, that the Manager may delegate to any other department head, officer or employee the authority to hire or discharge any employees or officers so designated by the Manager. For all department heads, officers and employees, normal merit pay increases will be approved or denied by the City Manager. Exceptional merit pay increases for all department heads, officers and employees must be approved by the City Council. (TCC-1, Sec. 2-36; Ord. No. 269, Sec. 1; Ord. No. 332; Ord. No. 848, Sec. 5)

d Reorganization of Offices, Positions, etc.

It shall be the duty and responsibility of the City Manager to reorganize, consolidate or combine duties, offices, positions, departments or units under his direction within the limits established by this code or the annual budget, as may be indicated in the interest of efficient, effective and economical conduct of the City's business. (TCC-1, Sec. 2-37; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

e Duty to Recommend Adoption of Necessary Measures and Ordinances

It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient for the welfare of the City. (TCC-1, Sec. 2-38; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

f Attendance at Council Meetings Required

It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom, except when his removal is under consideration. (TCC-1, Sec. 2-39; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

g Financial Reports to City Council Required

It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial conditions and needs of the City, and to prepare short-range and long-range financial plans as necessary and desirable. (TCC-1, Sec. 2-40; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

h Preparation of Annual Budget and Salary Plan

It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval and to be responsible for their administration after adoption. (TCC-1, Sec. 2-41; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

i To Act as Purchasing Agent

It shall be the duty of the City Manager to purchase, or cause to be purchased, all supplies for all the departments and divisions of the City. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager. Neither the City Manager nor any member of City staff shall incur any expense on behalf of a councilmember that has not been provided for in the annual City budget. Neither the City Manager nor any member of City staff shall adjust expense accounts of the annual City budget to include a nonbudgeted City Council expense unless approved by the City Council. (TCC-1, Sec. 2-42; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5; Ord. No. 1096, Sec. 2, 7-20-92)

j Investigation of Affairs and Obligations of City

It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof and any contract for the proper performance of any obligations of or to the City. (TCC-1, Sec. 2-43; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

k Complaints; Service by Public Utilities, Franchises and Permits

It shall be the duty of the City Manager 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, permits and privileges granted by the City are faithfully performed and observed. (TCC-1, Sec. 2-44; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

l Supervision over Public Property

It shall be the duty of the City Manager to exercise general supervision over all public buildings, public parks, streets, and all other public property which is under the control and jurisdiction of the City Council and not specifically assigned to another board or officer for care and control. (TCC-1, Sec. 2-45; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

m Reports and Recommendations

It shall be the duty of the City Manager to make such reports and recommendations as may be necessary or desirable or as are requested by the City Council. (TCC-1, Sec. 2-47; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 5)

n Service as Officer or Department Head

It shall be the duty of the City Manager to serve in any appointive office or as head of a department or division in the City Government to which he is qualified when appointed thereto by the City Council and to hold and perform the duties thereof at the pleasure of the City Council. (Ord. No. 848, Sec. 5)

o Leadership for Civic Movements

It shall be the duty of the City Manager to provide leadership for civic movements to benefit the residents of the City when so authorized by the City Council. (Ord. No. 848, Sec. 5)

p Additional Duties

It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the City Council. (Ord. No. 848, Sec. 5)

a Required Vote; Notice of Intention to Remove

The removal of the City Manager shall be only upon a three-member or more vote of the whole Council in the City in regular Council meeting, subject, however, to the provisions of the next succeeding subsections. 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 reasons therefor at least thirty (30) days before the effective date of his removal. (TCC-1, Sec. 2-51; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 6)

b Hearing by Council

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 City Council. Thereafter the City Council shall fix a time for the hearing, which shall be held at its usual 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. (TCC-1, Sec. 2-52; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 6)

c Suspension Pending Hearing

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 hearing. (TCC-1, Sec. 2-53; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 6)

d Discretion of Council; Decision to be Final

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. (TCC-1, Sec. 22-54; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 6)

e Limitations on Removal

Notwithstanding the provisions of this article hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of ninety (90) 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 powers and duties of his office. After the expiration of such ninety-day period aforementioned, the provisions of the preceding subsection as to the removal of the City Manager shall apply and be effective. (TCC-1, Sec. 2-55; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 6)

The City Manager shall give the Council thirty (30) days' written notice of his intention to resign. (TCC-1, Sec. 2-56; Ord. No. 269, Sec. 1; Ord. No. 848, Sec. 7)

All references in this Tustin City Code, in Resolutions of the City Council of the City of Tustin, in the Personnel Rules and Regulations of the City of Tustin, in the Council Policy Manual, in agreements and contracts, and in all other City documents, to "City Administrator" shall apply to and be deemed to refer to the City Manager and all duties and responsibilities heretofore designated to the City Administrator shall be assumed and performed by the City Manager. (Ord. No. 863, 12-7-81)