West Covina Municipal Code § 2-151 Powers and duties

Footnotes:

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Editor's note— The ordinance from which this division is derived, No. 852 of April 21, 1964, was an initiative ordinance.

State Law reference— Managers generally, Gov. Code, §§ 34850—34859.

The office of the city manager is hereby established and continued in effect.

(Code 1960, § 2200)

(a) Eligibility. No person shall be eligible to receive appointment as city manager while serving as a member of the city council nor within one (1) year after he or she has ceased to be a city council member.

(b) Qualifications. The city manager shall be appointed by majority vote of the city council. He or she shall be selected by the city council on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in or knowledge of accepted practices of municipal administration.

(Ord. No. 2279, § 1, 12-1-15)

When a vacancy occurs in the office of city manager, the city council shall, as soon as practicable after such office becomes vacant, appoint an interim city manager. As soon as possible after a vacancy has occurred, the city council shall proceed with recruitment of city manager candidates using staff or a consultant experienced in such recruitments, and shall make an appointment to the vacant position from among the best qualified candidates. Such appointment shall be made as expeditiously as is possible after the position is vacated by the previous incumbent.

(Ord. No. 2279, § 1, 12-1-15)

The city shall at all times comply with state and local law in the recruitment and hiring of the city manager. Any appointment of the city manager that does not comply with applicable state and local law will be null and void.

(Ord. No. 2279, § 1, 12-1-15)

(a) The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and fix by resolution, and such compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate. Such compensation shall not be fixed at less than ten thousand dollars ($10,000.00) per year.

(b) The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested has been presented to the city council for approval.

(Code 1960, § 2204)

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 Code. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. The city manager shall prescribe such administrative rules and procedures as the city manager may deem proper or necessary for the general conduct and operation of the city functions under the city manager's jurisdiction. 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 shall have the powers set forth in the following paragraphs of this section:

(a) Law enforcement. It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all the laws of the state pertaining to the city are faithfully observed.

(b) Ordinances. It shall be the duty of the city manager to recommend to the city council for adoption such measures and ordinances as the city manager deems necessary or expedient.

(c) Investigations. It shall be the duty of the city manager to make investigations into any of the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. The city manager shall examine or cause to be examined, without notice, the official conduct of any officer or employee of the city.

(d) Complaints; franchises. 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, permits, contracts and privileges granted by the city are faithfully performed and observed.

(e) Public buildings. It shall be the duty of the city manager to exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city. The city manager shall direct the planning and construction of all public works.

(f) Authority over employees. It shall be the duty of the city manager 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.

(g) Power of appointment. It shall be the duty of the city manager to appoint, remove, promote and demote any and all officers and employees of the city, except the city clerk, city attorney and city treasurer, subject to the rules and regulations of any applicable civil service or other personnel system in effect. Notwithstanding the foregoing, the city manager shall not appoint or promote a person to serve as the director of a department, unless a majority of the city council first voted in favor of the city manager's proposed appointment or promotion; this limitation does not limit the city manager's authority to appoint or promote a person to temporarily fill such positions on an acting or interim basis, nor does it in any way affect the city manager's power to appoint to or promote to other positions.

(h) Reorganization of offices. It shall be the duty and responsibility of the city manager to recommend to the city council such organization or reorganization of offices, positions, departments or units under the city manager's direction including the transfer of employees between departments and offices, as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

(i) Departmental cooperation. It shall be the duty of all subordinate officers and the city clerk, 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.

(j) Attendance at council meetings. It shall be the duty of the city manager to attend all meetings of the city council, unless excused therefrom. The city manager may participate in council deliberations but shall not have a vote.

(k) Attendance at commission meetings. The city manager may attend any and all meetings of the planning commission, recreation and park commission, and any other city commissions, boards or committees hereafter created by the city council, upon the city manager's own volition and shall attend such meeting 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 wishes to address the members thereof, and shall inform said 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.

(l) Financial reports. 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 future needs of the city and to make such recommendations as to the city manager may seem appropriate or desirable. The city manager shall prepare and submit to the city council at the end of each fiscal year a comprehensive report of the finances and administrative activities of the city for the preceding fiscal year.

(m) Budget. 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 and the city manager shall be responsible for the administration thereof upon adoption by the city council.

(n) Supplies and materials. It shall be the duty of the city manager to prepare and enforce rules and regulations governing the contracting for, purchasing, storing, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the city and to recommend them to the city council for adoption.

(o) Hours of employment. It shall be the duty of the city manager to devote his or her entire time to the duties of his office in the interests of the city.

(p) Additional duties. 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 action of the city council.

(q) Council-manager relations. 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 his or her 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 instruction to the city manager. The city council shall instruct the city manager in matters of policy. No councilmember shall in any manner directly or indirectly by suggestion or otherwise attempt to influence or coerce the city manager or any candidate for the position of city manager on matters relating to the appointment, promotion or demotion or removal of any employee or the award of any purchase order or contract.

(r) Authorization to sign documents. It shall be the duty of and the city manager is hereby authorized to execute documents as provided in California Government Code section 40602, whenever such documents are within the city manager's purchasing authority or have been approved by the city council for execution by the city manager by resolution, motion, minute order or other appropriate action.

(Code 1960, § 2205; Ord. No. 2267, § 2, 10-21-14; Ord. No. 2454, § 1, 4-2-19)

It is the declared intent of this division to delegate to the city manager the power and authority to appoint and remove personnel and to otherwise administer the personnel processes of the city except as otherwise specifically provided herein. To achieve the purpose of this section the city manager shall consult with the council for the purpose of formulating ordinances and resolutions to establish a merit system personnel program; provided, however, that, no ordinance, resolution, or regulation relating to the administration of the personnel processes of the city or the compensation of employees shall be adopted by the council except upon written recommendation of the city manager. Such ordinances or resolutions shall comply with the following minimum requirements:

(a) The appointment, placement, promotion and retention of employees shall be based upon merit and fitness as determined by objective and impartial techniques of evaluation.

(b) No employee or person seeking employment shall be appointed, reduced or removed or in any way favored or discriminated against because of his racial heritage or his political or religious opinions or affiliations.

(c) No person related to the city manager or his spouse by consanguinity or affinity within the third degree shall hold any appointive office with the city.

(d) Neither the manager nor any person in the employ of the city shall take any part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office.

(e) Subject to the limitations set forth in article V, division 3 of this chapter, there shall be vested with the city manager authority to appoint and, when necessary for the good of the services, to discipline or remove all officers and employees of the city except:

(1) Members of boards and commissions appointed by the city council.

(2) The city attorney.

Provided, however, that the city manager may authorize the head of a department or office to appoint and remove subordinates subject to the provisions of applicable ordinances and resolutions.

(Code 1960, § 2206; Ord. No. 1452, § 1, 8-27-79)

Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager shall not be removed from office during or within a period of ninety (90) days after council members are sworn in to office upon certification of the results of any general municipal election held in the city at which election a member of the city council is elected or reelected. 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 office.

(Ord. No. 2279, § 1, 12-1-15)

In case of disaster which threatens the life or property of the people of the city, the city manager is hereby empowered to award contracts and make purchases as may be necessary to meet such emergency, providing he shall file with the council at the next meeting a certificate defining the emergency and the necessity for such action together with a detailed account of all expenditures.

(Code 1960, § 2208)

Cross reference— Disaster relief and civil defense, Ch. 8.

Not less often than once every twelve (12) months, the city council shall retain a firm of independent auditors to audit the accounts and records of the city and to otherwise evaluate the fiscal stewardship of the city manager.

(Code 1960, § 2209)