Weed Municipal Code Ch. 2.12 City Manager

Footnotes:

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Editor's note— Ord. No. 431-2016, § 1, adopted October 13, 2016, amended Chapter 2.12 in its entirety to read as herein set out. Former Chapter 2.12, §§ 2.12.010—2.12.290, pertained to the city administrator, and derived from Ord. No. 65-65, 1965; Ord. No. 275-90, 1990; Ord. No. 312-931, 1993; Ord. No. 327-95, 1995; Ord. No. 337-96, 1996; Ord. No. 349-20001, 2000 and Ord. No. 417-2014, adopted May 8, 2014.

The office of city manager is created and established, consistent with Section 34856 of the Government Code.

(Ord. No. 431-2016, § 1, 10-13-2016)

The city manager shall be appointed by the city council pursuant to a written agreement prepared by the city attorney and approved by majority vote of the city council at a duly called meeting thereof. The city manager shall serve at the pleasure of the city council, provided, however, that the city may be contractual obligated to pay him or her if he or she is dismissed without good cause before the expiration of such contract.

(Ord. No. 431-2016, § 1, 10-13-2016)

The city council may at any time require the city manager to furnish a surety bond, in such sum as may be determined by the city council. Any premium for such bond shall be paid by the city.

(Ord. No. 431-2016, § 1, 10-13-2016)

The city manager shall receive such compensation, benefits, and expense allowance at the city council may from time to time determine. The city manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties or incurred while traveling on business pertaining to the city. Such reimbursement for such expenses shall be made upon submission of adequate documentation, in compliance with applicable policies of the city.

(Ord. No. 431-2016, § 1, 10-13-2016)

The city manager may appoint one or more assistants and/or deputies as he or she may deem appropriate, and grant to such persons such powers as he may deem appropriate to act in his name in his absence or disability, provided, however, that any compensation to such assistants must be approved by the city council.

(Ord. No. 431-2016, § 1, 10-13-2016)

The city manager shall be the chief executive officer of the city, under the direction and control of the city council, except as otherwise provided in this chapter. He or she shall be responsible for the efficient administration of all affairs and activities of the city government which are under his control.

(Ord. No. 431-2016, § 1, 10-13-2016)

A. Supervisory. The city manager shall have the powers to: (a) exercise control over all departments, divisions, and bureaus of the city and over all employees, and, (b) appoint and dismiss the chief of police and other subordinate appointive officers and employees, and all department heads, except for the city attorney, city clerk, and city treasurer, the appointment of all of which shall rest solely with the city council.

B. Discipline. The city manager may, in his or her discretion, in compliance with the city's municipal code, personnel policy, and any applicable memorandum of understanding with an employee's union, appoint, remove, promote, demote, suspend, and take disciplinary action against any city employee, with or without the recommendation of the employee's department head. As soon as practicable, the city manager shall report, in writing, to the employee's department head and the city council the facts and circumstances of any such termination, demotion, or suspension. The department head and city council shall keep the contents of such report strictly confidential.

C. Support. It shall be the duty of all city employees, subordinate officers, the city attorney, and city treasurer, to assist the city manager in the efficient, economical, and harmonious administration of city affairs.

D. Appeals. Actions of the city manager to demote, reduce the pay or benefits, suspend, or discharge any city employee may be appealed to the city council pursuant to Chapter 2.36 of this code.

E. Administrative Leave. The city manager shall have the power to place any city employee on paid administrative leave, pending satisfaction of the employee's due process rights.

F. Council Initiatives. The city council may not initiate action against any city employee unless the position of city manager is then vacant or the city manager has been on a leave of absence for more than twenty-one calendar days, and then only after considering the recommendation, if any, of the employee's department head.

G. Reorganization. It shall be the duty and responsibility of the city manager to recommend to the city council such reorganization of office, positions, and departments under his or her direction as may be in the best interests of the efficient, effective, and economical conduct of the city's business.

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

I. Meetings. 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 contract, compensation, suspension, or removal is under consideration.

J. Financial condition. 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.

K. Budget. It shall be the duty of the city manager to prepare and submit the proposed annual budget to the city council for its approval.

L. Purchases. It shall be the duty of the city manager, and he or she shall be responsible for the purchase of all materials, equipment, and supplies or the departments of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager.

M. Investigations. It shall be the duty of the city manager to make investigations into the affairs of the city, and any department or division thereof, any contract and the proper performance thereof, and all complaints in relation to matters concerning the administration of city government or in regard to the service of public utilities in the city.

O. City Properties. It shall be the duty of the city manager and he or she shall exercise general supervision over all public buildings and other public property which is under the control and jurisdiction of the city council.

P. Entire Time. The city manager shall devote his or her entire time to the duties of his or her office in the interests of the city, provided, however, that nothing herein shall prohibit the city manager from engaging in any business enterprise, nor from accepting other employment which does not interfere with his or her duties hereunder.

Q. Other Duties and Powers. It shall be the duty of the city manager to perform such other duties and exercise such other powers as may from time to time be delegated to him or her by ordinance, resolution, or other action of the city council.

R. Law Enforcement. It shall be the duty of the city manager to enforce all ordinances and regulations of the city and to see that all franchises, contracts, permits, and privileges granted by the city council are faithfully observed. Nothing herein shall be deemed to authorize the city manager to make or cause to be made any arrest, nor to issue any citation, for violation of any law or ordinance, such powers being reserved solely to the chief of police, the fire chief, and the city building inspector, or their respective subordinates, as appropriate.

(Ord. No. 431-2016, § 1, 10-13-2016)

Pursuant to Government Code Section 40602, the city manager, in addition to the mayor, is authorized to sign all warrants, contracts, conveyances, and instruments, except for those related to transactions in which the city manager has a financial benefit or interest, and as to the latter only the mayor, or in his/her absence, the mayor pro-tempore, shall have such authority.

(Ord. No. 431-2016, § 1, 10-13-2016)

A. The city manager is the human resources officer. The city manager may delegate any of the powers and duties conferred upon him as human resources officer under this chapter to any other officer or employee of the city. The human resources officer shall:

1. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;

2. Prepare and recommend to the city council personnel rules and revisions and amendments to such rules;

3. Prepare or cause to be prepared a position classification plan, including job descriptions, and subsequent revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the city council;

4. Provide for the publishing or posting of job vacancies; the receiving of applications therefor; the conducting and grading of interviews and tests; and the hiring of the best qualified candidate for each position.

5. The maintenance of all employment records and the personnel files of each employee.

6. Conduct all investigations regarding potential disciplinary actions including pre-separation hearings;

7. If delegated by the city manager to another employee, the human resources officer shall make recommendations of discipline and separation to the city manager for final action.

B. Personnel rules shall be adopted by resolution of the city council. The human resources officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, resolution or regulation or amendment thereof proposed to be adopted by the city council. Amendments and revisions may be suggested by any interested party and duly considered by the human resources officer who may or may not suggest the adoption of such amendments or revisions. The rules shall establish regulations governing the personnel system including:

1. Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the city service, including employment standards and qualifications for each class;

2. Public announcement of all tests and acceptance of applications for employment;

3. Preparation in conduct of tests and interviews of qualified applicants;

4. Selection and appointment;

5. Establishment of probationary periods;

6. Evaluation of employees during the probationary period;

7. Transfer, promotion, demotion, reinstatement, disciplinary action and lay off of employees in the city service;

8. Separation of employees from the city service;

9. The establishment of adequate personnel records; and

10. The establishment of appeal procedures.

(Ord. No. 434-2016, § 1, 3-9-2017)