Ukiah Municipal Code Art. 1 City Manager

SECTION: §100: Office Created §101: Residence §102: Eligibility §103: Bond §104: Temporary Manager §105: Compensation §106: Powers And Duties §107: Law Enforcement §108: Authority Over Employees §109: Power Of Appointment §110: Reorganization Of Offices §111: Ordinances §112: Attendance At Council Meetings §113: Financial Reports §114: Budget §115: Purchasing Agent §116: Investigations §117: Public Utilities; Franchises §118: Public Buildings §119: Hours Of Employment §119.5: Authority To Sign Documents §120: Additional Duties §121: City Manager Relations §122: Departmental Cooperation §123: Attendance At Commission Meetings §124: Removal Of Manager §125: Hearings §126: Suspension Pending Hearing §127: Discretion Of Council §128: Limitation Of Removal

The office of the City Manager of the City be, and the same 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 for and during the pleasure of the City Council. (Ord. 509, §1, adopted 1956)

The City Manager must reside within fifteen (15) road miles of the City limits of the City of Ukiah. The City Manager must establish such residence within ninety (90) days of his or her first appointment to the position by the City Council. (Ord. 509, §2, adopted 1956; Ord. 971, §1, adopted 1996)

No person elected as a Councilmember of the City shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such Councilmember shall have ceased to be a member of the City Council. (Ord. 509, §3, adopted 1956)

The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the said City Council and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as herein prescribed. Any premiums for such bond shall be a proper charge against the City. (Ord. 509, §4, adopted 1956)

The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Manager pro tempore during any temporary absence or disability of the City Manager. In case of the absence or disability of the City Manager and his failure to so appoint a Manager pro tempore, the City Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence or disability of said City Manager, subject, however, to said person furnishing an appropriate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in Section 103 of this Article. (Ord. 509, §5, adopted 1956)

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 said compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate. (Ord. 509, §6, adopted 1956)

The City Manager shall be the administrative head of the government of the City under the directions and control of the City 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 set forth in the following sections of this Article. (Ord. 509, §7, adopted 1956)

It shall be the duty of the City Manager 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. (Ord. 509, §8, adopted 1956)

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 and to subordinate officers and employees of the City under his jurisdiction and to their department heads. (Ord. 509, §9, adopted 1956)

It shall be the duty of the City Manager to, and he shall appoint, remove, promote and demote any and all officers and employees of the City, except the City Clerk, City Attorney, and City Treasurer, subject to the rules and regulations of the Civil Service Board. (Ord. 509, §10, adopted 1956)

It shall be the duty and responsibility of the City Manager to recommend to the City Council such reorganization of offices, position, department or units under his direction as may be indicated in the interest of efficient, effective, and economical conduct of the City’s business. (Ord. 509, §22, adopted 1956)

It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. (Ord. 509, §12, adopted 1956)

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. (Ord. 509, §12, adopted 1956)

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. (Ord. 509, §14, adopted 1956)

It shall be the duty of the city manager to prepare and submit the proposed annual budget and proposed annual salary plan to the city council for its approval. (Ord. 509, §15, adopted 1956)

It shall be the duty of the city manager and he shall be responsible for the purchase of all supplies for all of 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. (Ord. 509, §16, adopted 1956)

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 or the proper performance of any obligations of the city. (Ord. 509, §17, adopted 1956)

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 said city, and to see that all franchises and permits granted by the city are faithfully performed and observed. (Ord. 509, §18, adopted 1956)

It shall be the duty of the city manager and he shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the city council. (Ord. 509, §19, adopted 1956)

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. (Ord. 509, §20, adopted 1956)

The city manager is hereby authorized to sign any of the following documents, either when the mayor is not available to sign or when authorized by motion or resolution of the city council:

• A. All warrants drawn by the city treasurer.

• B. All written contracts and conveyances made or entered into by the city.

• C. All instruments requiring the city seal.

The city manager or his or her designee is also authorized to sign contracts that do not require prior city council approval. (Ord. 1074, §1, adopted 2005)

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 ordinances or resolutions, or other action of the city council. (Ord. 509, §21, adopted 1956)

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 subordinate 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 any orders or instructions to the city manager. (Ord. 509, §22, adopted 1956)

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. 509, §23, adopted 1956)

The city manager may attend any and all meetings of the planning commission, recreation and park commission, and any other commissions, boards or committees 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, and he shall inform said members as to the status of any matter being considered by the city council and he shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the city council. (Ord. 509, §24, adopted 1956)

The removal of the city manager shall be only upon a three (3) member vote of the whole council in the city in a regular council meeting, subject, however, to the provisions of the next succeeding sections. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council’s intentions to remove him and the reasons therefor, at least thirty (30) days before the effective date of his removal. (Ord. 509, §25, adopted 1956)

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 (30) day period, at which the city manager shall appear and be heard, with or without counsel. (Ord. 509, §26, adopted 1956)

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. (Ord. 509, §27, adopted 1956)

In removing the city manager, the city council shall use the uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of approval at the hearing; the purpose of which is to allow the city manager to present to said city council his grounds of opposition to his removal prior to its action. (Ord. 509, §28, adopted 1956)

Notwithstanding the provisions of this ordinance 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 said ninety (90) day period aforementioned, the provisions of the preceding section as to the removal of said city manager shall apply and be effective. (Ord. 509, §29, adopted 1956)