Wasco Municipal Code Ch. 2.04 City MANAGER1

Sections: 2.04.010 Office created--Appointment. 2.04.020 Residence requirements. 2.04.030 Eligibility. 2.04.040 Bond required. 2.04.050 Acting city manager.

2.04.080 Officers’ duty to assist. 2.04.090 Relations with council. 2.04.100 Participation with commissions. 2.04.110 Powers and duties--Generally. 2.04.120 Powers and duties--Employees. 2.04.130 Powers and duties--Appointment and removal. 2.04.140 Powers and duties--Administrative reorganization. 2.04.150 Powers and duties--Financial report to council. 2.04.160 Powers and duties--Budget and salary plan. 2.04.170 Powers and duties--Expenditure control. 2.04.180 Powers and duties--Ordinance recommendation. 2.04.190 Powers and duties--Council meeting attendance. 2.04.200 Powers and duties--Supervision of public property. 2.04.210 Powers and duties--Investigations and complaints. 2.04.220 Powers and duties--Enforcement. 2.04.230 Powers and duties--Additionally. 2.04.240 Removal--Procedure. 2.04.250 Removal--Hearing. 2.04.260 Removal--Suspension pending hearing. 2.04.270 Removal--Council action. 2.04.280 Removal--Limitation when. 2.04.290 Additional terms of officer employment authorized.

The office of the city manager, also to be known as the city administrator, as may be designated by the city council, is created and established. The city manager, or city administrator, 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. 265 §1, 1980; Ord. 196 §1, 1974).

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, but within one hundred eight days after reporting for work the city manager must become a resident of the city unless the city council approves his residence outside the city. (Ord. 196 §2, 1974).

No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the city council. (Ord. 196 §3, 1974).

The city manager and acting 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 and acting city manager, as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Ord. 196 §4, 1974).

The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by filing a written notice with the city clerk, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability. In the event the city manager’s absence or disability extends over a two-month period, the city council may, after the two-month period, appoint an acting city manager. (Ord. 196 §5, 1974).

A. The city manager shall receive such compensation as the city council shall from time to time determine.

B. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his duties. (Ord. 265 §2, 1980; Ord. 196 §6, 1974).

It shall be the duty of all subordinate officers and the elected officers and city attorney to assist the manager in administering the affairs of the city efficiently, economically and harmoniously. (Ord. 196 §8.2, 1974).

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 or instructions to any subordinates of the city manager. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened meeting of the city council, and no individual councilman shall give any orders or instructions to the city manager. (Ord. 196 §8.1, 1974).

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, 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. He shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (Ord. 265 §4, 1980; Ord. 196 §8.2, 1974).

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 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 2.04.120 through 2.04.230. (Ord. 196 §7, 1974).

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 through their department heads. (Ord. 196 §7.2, 1974).

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, excepting elected officers and the city attorney. The city manager shall enter into a contract in writing on behalf of the city with all department heads in a form approved by the city council. (Ord. 444 §1, 2000; Ord. 265 §3, 1980; Ord. 196 §7.3, 1974).

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 direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. (Ord. 196 §7.4, 1974).

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. 196 §7.7, 1974).

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. 196 §7.8, 1974).

It shall be the duty of the city manager to see that no expenditures are submitted or recommended to the city council except on approval of the city manager or his authorized representative. The city manager or his authorized representative shall be responsible for the purchase of all supplies for all the departments or divisions of the city. (Ord. 196 §7.9, 1974).

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. (Ord. 196 §7.5, 1974).

It shall be the duty of the city manager to attend all meetings of the city council, unless at his request he is excused therefrom by the mayor individually or the city council, except when his removal is under consideration. (Ord. 196 §7.6, 1974).

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. 196 §7.11, 1974).

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. 196 §7.10, 1974).

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. 196 §7.1, 1974).

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 official action of the city council. (Ord. 196 §7.12, 1974).

The removal of the city manager shall be effected only by a majority vote of the whole city council, as then constituted, convened in a regular council meeting, subject, however, to the provisions of Sections 2.04.250 through 2.04.260. 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, at least thirty days before the effective date of his removal. If the city manager so requests, the city council shall provide, in writing, reasons for the intended removal, which shall be provided the city manager within seven days after the receipt of such request from the city manager, and at least fifteen days prior to the effective date of such removal. (Ord. 196 §9.1, 1974).

Within seven days after the delivery to the city manager of notice of intention to remove, 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. (Ord. 196 §9.2, 1974).

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 action of the council passed subsequent to the hearing provided for in Section 2.04.250. (Ord. 196 §9.3, 1974).

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 the hearing is to allow the city manager to present to the city council his grounds of opposition to his removal prior to its action. (Ord. 196 §9.4, 1974).

Notwithstanding the provisions of Sections 2.04.240 through 2.04.270, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which election a member of the city council is elected or when a new city councilman is appointed. The purpose of this provision is to allow any newly elected or appointed 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-day period, the provisions of Sections 2.04.240 through 2.04.270 as to the removal of the city manager shall apply and be effective. (Ord. 196 §9.5, 1974).

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. 196 §10, 1974).

1 For statutory provisions on the city manager form of government, see Gov. Code §§34851--34859.