Wheatland Municipal Code Ch. 2.06 City Manager

There is created the position and office of city manager, who shall be a person selected by the city council on the basis of his or her executive and administrative qualifications with special reference to actual experience and knowledge of accepted practice with respect to the duties of the office as set forth in this chapter. The city manager shall serve directly under the supervision and control of the city council. Any reference to city administrator in any city ordinance, resolution, agreement, rule or policy shall be construed to mean city manager.

(Ord. 388 § 3, 2005)

The city council may designate and appoint a city department head to act and serve as acting city manager whenever the city council deems such to be necessary by virtue of vacancy, temporary absence from the city, or disability to perform the duties of the position. Any person so designated and appointed as acting city manager shall receive no increase in compensation over that received for the position they otherwise occupy in this city unless such increase in compensation is approved by resolution of the city council. Any person appointed and designated as acting city manager shall have all of the powers and duties of the city manager as specified in this chapter while acting in such capacity.

(Ord. 388 § 3, 2005)

A. The city manager shall be appointed by the city council and shall hold office at the pleasure of the city council. Removal of the city manager shall be only by a majority vote of the whole council as then constituted in a duly convened meeting of the city council, and shall be subject to the following provisions:

1. The city manager may be removed at any time with or without cause.

2. If the removal of the city manager is for cause, the removal shall be effective immediately, or at such other time thereafter as the city council may determine.

3. If the removal is not for cause, then at the city council's discretion, either (1) the removal shall be effective thirty days thereafter (or at such later date as may be determined by the city council), or (2) the removal shall be effective immediately upon termination and payment of severance pay in an amount equal one month's salary at the city manager's then monthly salary.

B. If termination and severance pay are addressed in a written employment agreement between the city and a city manager, then, in the event of a conflict between the agreement and this section, the agreement shall govern.

(Ord. 388 § 3, 2005)

Notwithstanding the provisions of Section 2.06.030, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of thirty days prior and ninety days after any general or special municipal election held in the city, at which election a member of the council is elected or when a new councilmember is appointed. The purpose of this provision is to allow any newly-elected or appointed member of the council or a reorganized council to observe the actions and ability of the city manager in the performance of the powers and duties of his or her office.

(Ord. 388 § 3, 2005)

The city manager shall receive such compensation, benefits and expense allowances as the city council shall from time to time determine, and such compensation and expenses shall be a proper charge against funds of the city as the city council shall designate. The city manager shall be reimbursed for all sums, authorized by budget appropriation, necessarily incurred or paid in the performance of his or her duties, or incurred when traveling on business pertaining to the city under the direction of or with the express consent of the city council. Reimbursement shall be made only in accordance with an itemized claim setting forth the sums expended or obligations incurred in the manner provided by the city for the presentation of claims for reimbursement of expenses of other city officers and employees.

(Ord. 388 § 3, 2005)

The city manager shall be the administrative head of the government of the city, under the direction and control of the city council. He or she shall be responsible for the efficient administration of all of the affairs of the city that are under his or her control. In addition to the general powers as administrative head contained in the Government Code, the city manager shall have the following powers and duties:

A. General Supervision. To execute, on behalf of the city council, its administrative supervision and control of such affairs of the city as may be placed in his or her charge, or that are not otherwise provided for by the city council.

B. Personnel and Organization. To employ, hire, promote, reassign, dismiss, suspend, demote and discipline city employees, consistent with Chapter 2.16 and applicable city personnel rules, regulations, policies and procedures; serve as city personnel director; and, conduct studies concerning and implement such organization and reorganization of offices, positions and departments under the city manager's supervision as may be indicated in the interest of efficient, effective and economical conduct of the city 's business.

C. Authority over Officers and Employees. To supervise and give directions to all department heads and to subordinate officers and employees of the city under his or her jurisdiction through their department heads when available. The city manager shall coordinate the efforts and activities of all departments. The city manager may secure special counsel and consultants for the city or departments as necessary, subject to approval by the city council. All department heads shall be responsible to the city manager for the proper conduct and efficient administration of their respective department and for the subordinate officers, employees and volunteers within the functions of each department. The city manager shall appoint an acting department head during a department head's absence in order to ensure the continuity of the city's business.

D. City Property. To exercise general supervision over all city buildings, furnishings, parks and other public property that are under the control and jurisdiction of the city, and to exercise general supervision over all city-owned public utilities operated within the city.

E. Compensation Plan. To prepare and to recommend to the city council from time to time desirable revisions of the compensation and benefits plan for city employees.

F. To Aid City Council. To attend all meetings of the city council and to report upon and discuss any matter concerning the affairs of the departments, services and activities under his or her supervision upon which, in his or her judgment, the city council should be informed or upon which his or her views or opinions are requested by the city council.

G. Contracts, Franchises, Etc. To investigate and see to the faithful performance and observation of all contracts of the city, and of all franchises, permits, licenses and privileges granted by the city and to report any and all violations to the city council.

H. Citizen Complaints. To investigate all complaints in relation to matters concerning the administration of city government; to adjust all proper grievances within the scope of authority provided by the city laws and policies; and to report to the city council all injustices suffered by reason of defects or omissions in the laws, policies or practices of the city.

I. Community Relations. To explain to the public the actions, purposes and policies of the city government.

J. Community Projects. To cooperate within lawful limits with all community based organizations whose aim and purpose it is, in whole or in part, to advance the interests of the city and its people, and to provide them, within lawful limits, with assistance in such aim and purpose through the city government.

K. Contracts. To execute, in the name of the city council and city any contract or agreement authorized or approved by the city council, unless the city council shall expressly provide for other manner of execution of such contract or agreement.

L. Employee Negotiations. To act as the chief negotiator on behalf of the city council in all labor negotiations with city employees and/or their representatives; provided, however, that the city manager is not authorized to enter into any memorandum of understanding or collective bargaining agreement that would bind the city. All such MOUs and agreements reached in employee negotiations shall be conditional upon final approval by the city council.

M. Appear Before Public Agencies. To appear before and address any public agency or commission as the representative of the city or as directed by the city council.

N. Other Duties and Powers. To perform such other duties and exercise such other powers as are necessarily incident to the above powers or as may be assigned or delegated to him or her from time to time by action of the city council.

(Ord. 388 § 3, 2005)

The city manager shall act as the agent for the city council in the implementation of city policy and discharge of city administrative functions, but shall not exercise any policy making or legislative functions whatsoever, nor attempt to commit or bind the city council, or any councilmember, to any action, plan or program requiring official council action.

(Ord. 388 § 3, 2005)

In the discharge of his or her duties as city manager, the person holding such position shall endeavor at all times to exercise the highest degree of diplomacy, tact, patience and courtesy in his or her contact with the public, with the city council and all city commissions, boards, departments, officers and employees, and shall use his or her best efforts to establish and maintain a harmonious relationship among all personnel employed in the government of the city, to the end that the highest possible standards of public service shall be continuously maintained.

(Ord. 388 § 3, 2005)

The city council and its members shall deal with the employees and administrative services of the city only through the city manager, except for purposes of inquiry or information gathering. Neither the city council nor any member shall give orders, directions or instructions to any subordinates of the city manager. The city manager shall take orders, directions and instructions from the city council only when sitting in a duly convened meeting of the city council, and no individual council member shall give any orders, directions or instructions to the city manager. The city council shall provide policy direction to the city manager. Any action, determination or omission of the city manager shall be subject to review by the city council.

(Ord. 388 § 3, 2005)

Nothing in this chapter shall limit the power or authority of the city council to enter into a written employment agreement with a city manager setting forth additional terms and conditions of employment not inconsistent with this chapter.

(Ord. 388 § 3, 2005)