Union City Municipal Code Ch. 2.08 City Manager

The office of City Manager is created and established. The City Manager shall be appointed by the City Council and shall hold office for and during the pleasure of the City Council.

(Ord. 60-65 § 1, 1965)

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 has ceased to be a member of the City Council.

(Ord. 60-65 § 3, 1965)

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 City Council and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the City.

(Ord. 60-65 § 4, 1965)

The City Manager shall appoint, subject to the approval of the City Council, one of the officers or department heads of the City to serve as City 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 failure to so appoint a City 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 the City Manager, subject, however, to the person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in Section 2.08.040.

(Ord. 60-65 § 5, 1965)

The City Manager shall receive such compensation and expense allowance as the City Council from time to time determines and fixes by resolution and the compensation and expense shall be a charge against such funds of the City as the City Council designates.

The City Manager shall be reimbursed for all sums necessarily incurred or paid by him/her in the performance of his or her duties or incurred when traveling on business pertaining to the City under direction of the City Council.

(Ord. 60-65 § 6, 1965; amended during 1990 republication)

The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this chapter. He/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, he/she shall have the duties and powers set forth in this chapter.

(Ord. 60-65 § 7, 1965; amended during 1990 republication)

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. 60-65 § 8, 1965)

It shall be the duty of the City Manager and he/she 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 jurisdiction except the City Attorney and City Treasurer through their department heads.

(Ord. 60-65 § 9, 1965)

The City Manager shall have the power and shall be required to appoint, and, when necessary for the good of the service, remove any employee of the City, subject to the personnel ordinance and rules, except the City Attorney and City Treasurer. The appointment or removal of any department head shall be subject to the approval of the City Council.

(Ord. 60-65 § 10, 1965)

It shall be the duty and responsibility of the City Manager to recommend to the City Council such reorganization of offices, positions, departments or units under direction as may be indicated in the interest of efficient, effective and economical conduct of City business.

(Ord. 60-65 § 11, 1965)

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

(Ord. 60-65 § 12, 1965)

It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom except when his or her removal is under consideration.

(Ord. 60-65 § 13, 1965)

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. 60-65 § 14, 1965)

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.

(Ord. 60-65 § 15, 1965)

It shall be the duty of the City Manager and he/she 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. 60-65 § 16, 1965)

It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or divisions thereof, and any contract or the proper performance of any obligations of the City.

(Ord. 60-65 § 17, 1965)

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 and permits granted by the City are faithfully performed and observed.

(Ord. 60-65 § 18, 1965)

It shall be the duty of the City Manager and he/she 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. 60-65 § 19, 1965)

It shall be the duty of the City Manager to devote his or her entire time to the duties of office in the interests of the City.

(Ord. 60-65 § 20, 1965)

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/her from time to time by ordinance, resolution or other action of the City Council.

(Ord. 60-65 § 21, 1965)

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 orders and instructions from the City Council only when sitting in a duly held meeting of the City Council and no individual Councilmember shall give any orders or instructions to the City Manager.

(Ord. 60-65 § 22, 1965)

It shall be the duty of all subordinate officers, the 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. 60-65 § 23, 1965)

The City Manager may attend any and all meetings of the Planning Commission and any other Commissions, Boards or committees hereafter created by the City Council, upon his or her own volition or upon direction of the City Council.

1. At such meetings which the City Manager attends, he/she shall be heard by such Commissions, Boards or committees as to all matters upon which he/she wishes to address the members thereof, and shall inform such members as to the status of any matter being considered by the City Council and shall cooperate to the fullest extent with the members of all Commissions, Boards or committees appointed by the City Council.

(Ord. 60-65 § 24, 1965)

The removal of the City Manager shall be only upon a three member vote of the whole Council of the City in regular Council meeting, subject however, to the provisions of the next succeeding sections. In case of intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove and the reason therefor, at least thirty days before the effective date of removal.

(Ord. 60-65 § 25, 1965)

After furnishing the City Manager with written notice of intended removal, the City Council may suspend from duty but compensation shall continue until removal by resolution of the Council passed subsequent to the aforesaid hearing.

(Ord. 60-65 § 26, 1965)

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 or her grounds of opposition to removal prior to its action.

(Ord. 60-65 § 27, 1965)

Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of sixty 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 office. After the expiration of the sixty-day period, the provisions of Section 2.08.270 as to the removal of the City Manager shall apply and be effective.

(Ord. 60-65 § 28, 1965)