Victorville Municipal Code Ch. 2.04 City Manager

Footnotes:

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Editor's note— Ord. No. 2452, § 2, adopted Nov. 5, 2024, amended Chapter 2.04 in its entirety to read as herein set out. Former Chapter 2.04, §§ 2.04.010—2.04.310, pertained to similar subject matter, see the Code Comparative Table for complete derivation.

The office of the city manager is created and established pursuant to provisions of Section 34851, et seq. of the Government Code. The city manager shall be appointed by the city council and shall hold office at the will and pleasure of the city council. Unless expressly provided otherwise in an employment agreement entered into pursuant to Section 2.04.290, the city manager may be removed from office and terminated as an employee of the city by a majority vote of the city council, without cause or justification and without right of appeal or hearing.

(Ord. No. 2452, § 2, 11-5-24)

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. In the alternative, the city council may approve procurement and maintenance by the city of a government crime insurance policy or employee dishonesty insurance policy, including faithful performance of duty coverage for the city manager, pursuant to Government Code Section 1463. The premium for such bond or insurance policy shall be a proper charge against the city.

(Ord. No. 2452, § 2, 11-5-24)

The city manager, by a letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. In the event the city manager's absence or disability extends over a six-month period, the city council may, after the six-month period, appoint an acting city manager. The qualified city administrative officer acting as city manager shall comply with the provisions of Section 2.04.040.

(Ord. No. 2452, § 2, 11-5-24)

The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine, and said compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate.

(Ord. No. 2452, § 2, 11-5-24)

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. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to the city manager's general powers as administrative head, and not as a limitation thereon, it shall be the city manager's duty and he or she shall have the powers set forth in Sections 2.04.080 through 2.04.100.

(Ord. No. 2452, § 2, 11-5-24)

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. No. 2452, § 2, 11-5-24)

It shall be the duty of the city manager and he or 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 his or her jurisdiction.

(Ord. No. 2452, § 2, 11-5-24)

It shall be the duty of the city manager to and he or she shall appoint, remove, promote and demote any and all subordinate appointive officers and employees of the city, but excepting the city attorney, subject to all applicable personnel ordinances, rules and regulations. The city manager shall appoint, remove, promote and demote the city clerk and city treasurer.

(Ord. No. 2452, § 2, 11-5-24)

It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

(Ord. No. 2452, § 2, 11-5-24)

It shall be the duty of the city manager and he or she shall recommend to the city council for adoption such measures and ordinances as he or she deems necessary.

(Ord. No. 2452, § 2, 11-5-24)

It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the mayor individually or city council as a whole, except when his or her removal is under consideration.

(Ord. No. 2452, § 2, 11-5-24)

It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.

(Ord. No. 2452, § 2, 11-5-24)

It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual tables of classification and compensation for employees to the city council for its approval.

(Ord. No. 2452, § 2, 11-5-24)

It shall be the duty of the city manager and he or she shall be responsible for the purchase of all supplies for all 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. No. 2452, § 2, 11-5-24)

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. Further, 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.

(Ord. No. 2452, § 2, 11-5-24)

It shall be the duty of the city manager and he or 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. No. 2452, § 2, 11-5-24)

It shall be the duty of the city manager to devote his or her entire time to the duties of his or her office and in furthering the interests of the city.

(Ord. No. 2452, § 2, 11-5-24)

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 or her from time to time by ordinance or resolution or other official action of the city council.

(Ord. No. 2452, § 2, 11-5-24)

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 convened meeting of the city council, and no individual councilmember shall give any orders or instructions to the city manager.

(Ord. No. 2452, § 2, 11-5-24)

It shall be the duty of all subordinate officers and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

(Ord. No. 2452, § 2, 11-5-24)

The city manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the city council, upon the city manager's own volition or upon direction of the city council. At such meetings which the city manager attends, the city manager shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof, and the city manager shall inform said members as to the status of any matter being considered by the city council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

(Ord. No. 2452, § 2, 11-5-24)

Notwithstanding the at-will employment provisions of Section 2.04.010, the city manager shall not be removed from office, other than for misconduct in office, for a period of ninety days prior to and one hundred eighty days following any general municipal, special, or recall 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/her office. After expiration of the aforementioned pre and post-election time periods, the at-will employment provision of Section 2.04.010 shall apply and be effective.

(Ord. No. 2452, § 2, 11-5-24)

Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.

(Ord. No. 2452, § 2, 11-5-24)

It shall be the duty and responsibility of the city manager to review, process, reject and/or approve claims, demands and warrants in accordance with the applicable provisions of Chapter 2.24 of this Code.

(Ord. No. 2452, § 2, 11-5-24)

Wherever the words "city administrator" appear in the Victorville Municipal Code or in any ordinance, resolution, contract or any other document or record of the city, the words "city manager" shall be substituted in lieu thereof.

(Ord. No. 2452, § 2, 11-5-24)