Walnut Creek Municipal Code Art. 4 City Manager

The office of the City Manager shall be under the direction of the City Manager, who shall be responsible to the Council. The City Manager shall be appointed for an indefinite term by a majority vote of all members of the Council.

(2223, 2224 a)

The City Manager shall be chosen wholly on the basis of his administrative and executive ability and qualifications. No member of the Council shall, during his term of office or for one year thereafter, be eligible to hold the position of City Manager. He need not be a resident of the State or the City at the time of appointment, but within 180 days thereafter he shall become, and thereafter remain, during the period of his incumbency, a resident of the City.

(2224 b)

The City Manager shall furnish a corporate surety bond, to be approved by the Council in such sum as may be determined by the Council, and such bond shall be conditioned upon the faithful performance of the duties imposed upon the City Manager by this Code and all other regulations of the City. Any premium for such bond shall be a proper charge against the City.

(2224 c)

The City Manager shall be paid a salary commensurate with his duties and responsibilities as the chief administrative officer of the City.

(2224 d)

It shall be the duty of the City Manager, and he shall have the powers to do the following:

a. To devote his entire time to the discharge of his official duties;

b. To see that all laws are enforced;

c. To appoint all officers, head of departments and employees of the departments under his control, and, for other than employees who serve at-will, remove the same for cause, and have general supervision and control over the same, subject to the rules and regulations established by the Council for a merit system of appointments and promotions. He may, with the approval of the Council, act as head or assume the executive position of any department of the City under his control for which he is qualified by training and experience. If the offices of City Clerk and City Treasurer are made appointive, the powers of the City Manager as stated in this section shall apply to such officers;

d. To attend all meetings of the Council unless excused therefrom by the Council;

e. To act as ex-officio member of all boards and commissions;

f. To keep the Council advised on the needs of the City;

g. To prepare and submit to the Council an annual budget estimate for all departments under his control, together with the budget estimates prepared by the heads of the several other departments, and such reports as the Council may require, including the annual reports of all the departments of the City;

h. To prepare or cause to be prepared plans and specifications for work which the Council may order, and to provide such plans and specifications in sufficient number and in ample time to give full opportunity for all contractors who desire to bid thereon to do so;

i. To exercise general supervision over all privately-owned utilities operated within the City so far as the same are subject to municipal control;

j. To see that the provisions of all franchises, leases, contracts, permits and privileges granted by the City are fully observed and to report to the Council any violation thereof;

k. To have general supervision over all City property and equipment and its use by the public or by City employees;

l. To coordinate the work of personnel administration in the departments of the City under his control, subject to the rules and regulations of the Council for the establishment and operation of a merit system;

m. After consultation with the department heads involved from time to time, in order to facilitate the prompt, economical and efficient dispatch of City business, to organize the work of the departments under his control, assign assistants, deputies and employees from any office or department of the City government under his control to perform work or service in connection with any other office or department thereof, or to work in more than one of such offices or departments;

n. To examine or cause to be examined without notice the official conduct of any official, assistant, deputy, clerk or employee in any of the departments of the City government except of the Council or the officers appointed by it;

o. To control the purchasing for all departments of the City in accordance with the provisions of this Code and in accordance with regulations established by the Council;

p. To appoint such committees as he may deem desirable to advise and assist him in his work, provided the members of such committees shall serve without compensation;

q. To have subject to his approval expenditures, policies and procedures for the departments coming under his control;

r. To sign for the City contracts, agreements and leases when authorized by ordinance, resolution or other action of the Council.

s. To negotiate such contracts and leases as the Council may authorize;

t. To recommend changes to the Council on the basic organization plan of departments under his control and enforce changes approved by the Council;

u. To maintain membership in, or appropriate relations with, professional, civic and governmental associations and organizations;

v. To maintain liaison with other City officials and with other municipal, district, County, State and Federal agencies to ensure proper coordination of activities;

w. To serve as public relations officer of the City; and

x. To conduct, or appoint another person to conduct, the administrative appeal provided for in Government Code Section 3304(c) for the Chief of Police. If the City Manager appoints another person to consider the appeal, that person shall render an advisory recommendation to the City Manager who shall make the final decision, unless an alternative procedure is authorized by the City Manager. Nothing in this subsection shall limit the discretion vested in the City Manager by subsection (c) to remove the Chief of Police for any reason at any time.

y. To perform such other duties as the Council may require of him.

(2225; § 1, Ord. 1912, eff. 11/20/1997; § 2, Ord. 1961, eff. 5/4/2000; § 1, Ord. 2125, eff. 2/20/2014)

No member of the Council shall, in any manner, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the City Manager in the making of any appointment or removal, or in the purchase of supplies or attempt to exact any promise relative to any appointment from any candidate for City Manager. The members of the Council shall deal with the departments of the City solely through the City Manager except for purposes of inquiry. Neither the City Manager, nor any person in the employ of the City, shall take part in securing, nor contribute any money toward, the nomination or election of a candidate for a municipal office.

(2226)

No person related to the City Manager by consanguinity or affinity within the third degree shall hold any appointive office or employment with the City.

(2227)

The City Manager may be removed from office by a resolution of the Council. Before he may be removed, he shall, if he so demands, be given a written statement of the reasons for his removal and the right to be heard publicly thereon at a meeting of the Council prior to the final vote on the resolution providing for his removal, but pending and during such hearing, the Council may suspend him from office. The action of the Council in suspending or removing the City Manager shall be final and conclusive, and during such suspension, he shall not be eligible to receive compensation.

(2228)

(2229, repealed by § 2, Ord. 1242, eff. February 26, 1975)